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HomeMy WebLinkAboutMay 18, 2004 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 18, 2004 After determining that a quorum is presem, the City Council of the City of DeNon, Texas will convene in a Work Session on Tuesday, May 18, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion and give staff direction regarding Tree Preservation regulations. (SI03-0012, Tree Preservation) Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of May 18, 2004. 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. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING iN ACCORDANCE WiTH THE PROViSiONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CiTY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, iNCLUDiNG, WITHOUT LiMiTATiON §§551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of DeNon City Council on Tuesday, May 18, 2004 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. May Yard-of-the-Momh Awards C. Recognition of staff accomplishments City of DeNon City Council Agenda May 18, 2004 Page 2 3. CITIZENS REPORTS mo Receive citizen reports from the following: 1. Dr. Roger Nunn requesting a public hearing be held regarding the City's proposed drainage plan for the Fletcher Branch between E1 Paseo and Ryan Road. 2. Candace Parker regarding amending Section 6-30 of the Code of Ordinances (prohibited animal permit) to allow for wildlife rehabilitators. 3. Dessie Goodson regarding responsibility. 4. Robert Baker regarding excessive noise. 5. Melissa Lux regarding Fletcher Branch. 6. Willie Hudspeth regarding minority hiring and the tree ordinance. 7. Larry/Ann Tubbs regarding Fletcher Branch issues with the City. 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-J). 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-J below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider approval of the minutes of April 20 and April 27, 2004. Bo Consider approval of a resolution approving the issuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society; and providing an effective date. Co Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Reinforced Concrete Pipe, Concrete Box Culverts and Corrugated Metal Pipe; providing for the expenditure of funds therefor; and providing an effective date (Bid 3149 - Annual Comract for RCP Pipe, Concrete Box Culverts, and Corrugated Metal Pipe awarded to the Hanson Pipe and Products, inc. in the estimated amoum of $350,000). Do Consider adoption of an ordinance authorizing the City Manager to accept an interlocal Agreement with the City of Hickory Creek, Texas to authorize participation in various City of DeNon comracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3169 - imerlocal Agreemem with the City of Hickory Creek, Texas). City of DeNon City Council Agenda May 18, 2004 Page 3 mo Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a 4 cubic yard Top Dresser Material Handler for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3160 - 4 Cubic Yard Top Dresser Material Handler awarded to Austin Turf and Tractor in the amount of $31,010.86). Fo Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Corimh for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. Go Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Roanoke for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. Ho Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Ponder for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.759 acre sanitary sewer and reuse water easement and an approximate 0.926 acre temporary construction easement both of which are out of a parcel or tract of land described in that certain deed to Robert W. Callahan as recorded in Volume 4656, Page 164 of the Real Property Records of DeNon County, being located in the Gideon Walker Survey, Abstract No. 1330 and the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas and being part of a tract or parcel of land owned by Robert W. Callahan, authorizing the City Manager or his designee to make an offer to purchase the easemems for their just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property; and declaring an effective date. Jo Consider adoption of an ordinance of the City of DeNon approving a Sanitary Sewer Facilities Agreement between the City of Denton, Texas and Canyon Energy Partners, LTD. to provide for the construction of sanitary sewer facilities to serve the Enclave at Lakeview Ranch, a residential development in the City of Denton, and to serve the needs of the City of Denton; providing for the expenditure of funds therefor; and providing for an effective date. 5. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance graining approval of a surface use of a portion of the Briercliff Park for the purpose of a public street in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a street dedication easement; and providing an effective date. City of Demon City Council Agenda May 18, 2004 Page 4 Hold the second of two public hearings to consider the voluntary annexation and service plan for approximately 63.32 acres of land generally located west of Swisher Road, north of Edwards Road in the eastern section of the City of Demon Extraterritorial Jurisdiction (ETJ). (Longhorn Development Annexation, A04- O001) 6. ITEMS FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance approving a Notice of Restriction for a Stream and Stream Buffer Area Preserve associated with the Construction and Management of Lake Forest Park, which preserve area is a 5.6 acre tract of land being a portion of T. Labor Survey A-779 and the N. Britton Survey A-51, an addition to the City of Denton, Texas; and providing an effective date. Consider adoption of an ordinance authorizing the Mayor, or her designee, to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County to provide for Loop 288 engineering services; authorizing the expenditure of funds; and providing for an effective date. Consider adoption of an ordinance amending Section 2-27 "Administrative Departments" of the City Code to bring the City departments and the department head titles current; providing a savings clause; and providing an effective date. Consider approval of a resolution adopting an Ethics Policy for Elected and Appoimed Officials of the City of Demon, Texas; and providing an effective date. Consider approval of a resolution amending the Code of Election Ethics for the City of Demon by adding a provision for a prohibition on the use of the City of Denton Logo during a Campaign; and providing an effective date. F. Consider nominations/appoimments to the City's Boards and Commissions. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda May 18, 2004 Page 5 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2004 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 18, 2004 DEPARTMENT: CM/DCM/ACM: Planning and Development Jon Fortune, Assistant City Manager SUBJECT: SI03-0012 (Tree Preservation) Receive a report, hold a discussion and give staff direction regarding Tree Preservation regulations. BACKGROUND: At the January 6, 2004, public hearing on tree preservation a number of issues and questions were raised on the proposed regulations. City Council tabled the item and created a sub-committee consisting of Mark Burroughs (Chair), Perry McNeil and Bob Montgomery to study the matter further. The sub-committee held a number of meetings (See Previous Action/Review) to review the regulations and have proposed a number of revisions to the regulations (Attachment 1 and 2). The table below identifies the major changes between the previous regulations and the revised regulations. Previous Regulations Revised Regulations Protected Trees Species Contained a list of species All trees Size 20"dbh and greater 18" dbh and greater Exclusions None Excludes large trees in a tree stand Removal Required City Council approval May be removed if mitigated at a 2 to 1 ratio (18" removed = 36" replaced or payment) Quality Trees Species Contained a list of species All trees Size 2" dbh to 20" dbh 6" dbh to 18"dbh Mitigation Species A minimum of seventy-five (75) Only trees species identified on the Tree percent of the replacement trees Mitigation Replacement Table, (the "Protected shall be of a species identified on Tree Species List from the previous the Protected Tree Species Table. regulations) shall be planted for mitigation purposes. Species None If more than ten trees will be planted for Diversity mitigation, a minimum of four species, from the Tree Mitigation Replacement Table shall be planted. No one specie may total more than 50% of the total number of trees planted. Tree Banks None Areas greater than 1 acre with characteristics of Cross Timber Forests are eligible to be classified as a Tree Bank. Developers can purchase credits from a tree bank as mitigation. Incentives Species None Additional incentives have been added for preserving Oaks. Tree Stands Additional incentives have been added for preserving tree stands Subdivision None Maximum block and cul-de-sac length may be Design extended by 10% to preserve trees. Alternative sidewalk location and offsetting a road within the right-of-way may also be approved by the City Engineer to preserve trees. Other None Fee waivers or credits, reduced open Incentives space/park land dedication requirements, reduction of monetary assessments relative to agricultural rollback taxes, tax abatements, tax increment financing, chapter 380 grant of money, transfer of development rights, and/or purchase of development rights may be approved by City Council. Enforcement None A Section specific to enforcement has been added. Appeals None Added Additional policy issues discussed but not resolved include: Small Lot and Infill Exclusions: City Council has had a number of discussions regarding the difficulties developing infill lots. The sub-committee also discussed the potential problem the proposed regulation might have on infill development and on "small" lots. As a lot decreases in size, the ability to alter a design to account for trees also decreases. For purposes of discussion, Councilman Burroughs submitted a proposal (Attachment 3) that would exclude infill lots less than one acre in size from the proposed regulations and reduce the mitigation requirements for larger (up to 5 acres in size) infill lots and other lots less than 5 acres in size. Although the sub-committee agreed that the concept was sound, they decided to bring the issue to the full Council for further discussion, specifically if the five acre size is to large and are the proposed mitigation ratios appropriate (for example, allowed to mitigate all trees on an infill or "small" lot at a 1:1 ratio). Agricultural Exemption: As currently proposed, all agricultural uses greater than 2 acres are exempt from the tree preservation regulations. This "total" exemption includes all agricultural uses even if the removal of trees is not necessary. For example, ifa property owner is running cattle on a piece of property that has trees, the trees could be cut down even though they do not interfere with the use. Applying the regulations in the ET J: Trees perform many environmental functions related to air quality and reducing runoff. Legal staff is reviewing the possibility of applying the proposed regulations in the ETJ. Designation of Tree Banks: The proposed regulations are currently written to allow the designation of a Tree Banks and transfer of tree credits with the approval of the DRC Chairman. Staff believes that this will expedite the approval process. Other options include giving that authority to either the Director of Planning and Development, City Council and/or a Citizen Committee. Maintenance: The cost required when paying into the Tree Fund includes the cost of materials and labor of planting a tree and the estimated cost of maintaining and irrigating a tree for three years. The three-year period was proposed because that is the amount of time the Parks Department irrigates a new tree. The estimated cost for tree replacement is $100 per inch. The policy issue relates to the maintenance requirement, specifically, should it be included in the cost. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 5, 2003 November 12, 2003. December 2, 2004 January 6, 2004 City January 28, 2004 City February 4, 2004 City February 11, 2004 City February 18, 2004 City February 25, 2004 City March 10, 2004 City April 5, 2004 City Planning and Zoning Commission work session. Planning and Zoning Commission public hearing City Council work session. Council Council Council Council Council Council Council Council public hearing Tree Preservation Sub-committee meeting Tree Preservation Sub-committee Tree Preservation Sub-committee Tree Preservation Sub-committee Tree Preservation Sub-committee Tree Preservation Sub-committee Tree Preservation Sub-committee meeting meeting meeting meeting meeting meeting FISCAL INFORMATION It is likely that the requirements of the proposed regulations will increase the cost of development on properties with trees. The regulations will also increase air and water quality and property values. RECOMMENDATION The Planning and Zoning Commission recommends approval of the "original" ordinance 6-0, Roy absent. ATTACHMENTS 1. Revised Tree Preservation Regulations 2. Red line strike out copy 3. Small Lot and Infill Exclusions 4. Tree Inventory Summary Prepared bi/: j,~ Assistant Director of Planning and Development Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development Attachment 1 DRAFT TREE PRESERVATION ORDINANCE Purpose and Intent The Denton Plan identifies the importance of environmental management. The purpose of these regulations is to promote the preservation of trees, tree stands, including but not limited to remnants of the Cross Timbers Forest and existing tree canopy, to protect trees during construction, to facilitate site design and construction that contribute to the long term viability of existing trees which improves environmemal conditions, specifically to comply with air and water quality regulations, to increase property values and to develop a process to control the removal of trees. It is the further purpose of this ordinance to achieve the following broader objectives: A. Prevent untimely and indiscriminate removal or destruction of trees. B. Maimain and enhance a positive image of the City. C. Protect trees and promote the ecological, environmental and aesthetic values of the City. D. Preserve historic trees. E. Provide for a permitting and enforcemem procedure. Applicability A. Unless exempt under Subsection C, this Subchapter shall apply to: 1. Undeveloped land. 2. All property to be redeveloped including additions or alterations, but not including interior alterations or exterior alterations that do not change the footprim of the building. 3. Gas Well Development including but not limited to gas well transmission lines. 4. Right of way, streets, parks, and other public property under the jurisdiction of the City of DeNon. To the extent there is a conflict between this Subsection and any other Subsection including but not limited to Subsection 35.17.9 (Upland Habitat Developmem Standards) and Subsection 35.22.5.A.8.c (Gas Well Drilling and Production), the more stringent requirement shall apply. Exemptions: 1. Developments that have a completed application on file for a preliminary plat or a building permit, whichever is applicable, as of the effective date of this ordinance. 2. Existing agricultural uses greater than two (2) acres. 3. Platted property on which a single-family or two-family residemial dwelling unit(s) exists. 4. Trees located in the visibility triangle area, as defined in the Transportation Criteria Manual. Public utility projects associated with a master plan, conducted by a public utility or a municipal owned utility. 5. Public Utilities have the right to trim, cut, and/or remove any and all trees that: DRAFT TREE PRESERVATION ORDINANCE Page 1 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE a. Interfere with or encroach upon the operations of the utilities; or b. Create a safety issue for utility crews; or c. Create a safety issue for the public. 6. City Landfill and Airport. 7. Nursery trees that are planted and growing on the premises of a Wholesale Nursery that are intended for sale in the ordinary course of business. 8. Any tree determined to be diseased, dying or dead, by a qualified professional or creating a public nuisance or damaging a foundation. 9. Any tree determined to be causing a danger or be in hazardous condition as a result of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welfare or safety and requires immediate removal. 10. Clearing of understory necessary to perform soil borings, boundary surveying of real property or to conduct tree surveys or inventories As long as the clearing for surveying shall not exceed a width of two (2) feet for general survey (i.e. of easement boundary, etc.) and eight (8) feet for survey of property boundary lines and any tree having a ten (10) inch dbh or greater shall not be removed under this exemption during such boundary or general surveying. 11. Capital Improvement Projects awarded prior to the effective date of this Subsection. Permit required A. No person, directly, or indirectly, shall cut down, destroy, remove or move, or intentionally destroy or damage any Quality Tree, Protected Tree, or Historic Tree without first obtaining a tree removal permit and complying with the requirements of this Subsection. B. No grading shall take place on any undeveloped property that contains trees subject to this Subsection without obtaining a tree removal permit. C. No heavy equipment shall be moved onto a site prior to all applicable permits being issued. D. Trees greater than 3 "dbh and not identified as a Quality Tree, Protected Tree, or Historic Tree within this Subsection may be removed with a permit. E. Trees less than 3" dbh and not identified as a Historic Tree may be removed without a permit. Permit Review and Approval Process A. The Director shall adopt rules establishing the requirements for the permitting and approval process in the Application Criteria Manual. The rules shall include information required by the Director to determine if the application is complete. B. A request for tree removal permit shall be submitted and approved prior to the removal of any Quality Tree, Protected Tree, or Historic Tree in the City. DRAFT TREE PRESERVATION ORDINANCE Page 2 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE C. A complete application shall be submitted along with the application fee, if required. The fees shall be established by City Council and published in the Application Criteria manual. D. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, if required, must be submitted with the tree removal permit application. E. Permits for tree removal issued in connection with a building permit or clearing and grading permit shall be valid for the same period of time. Tree removal permits issued not in connection with a building permit or clearing and grading permit are valid for 180 days. F. After the tree removal permit is issued, the permit holder shall post a tree protection sign, supplied by the City, at each entrance to the property and at any other location designated by the City. G. Upon the request of the applicant, the Planning Director shall be authorized to work with the owners, developers, and builders to make non-substantive changes, within the scope of the ordinance, to plans, permits, and other requirements throughout the development and construction processes that will provide the greatest reasonable tree survival. The decision of the Planning Director may be appealed by the applicant to the Planning and Zoning Commission under Subsection 35.3.5. H. The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11. Tree Designations A. Protected Trees Any healthy tree with an eighteen (18) inch or greater dbh and not in a Quality Tree Stand. B. Historic Trees 1. A Historic Tree is a healthy tree that stands at a place where an event of historic significance occurred that had local, regional, or national importance; or at the home of a citizen who is famous on a local, regional, or national basis. 2. A tree may also be considered historic if it has taken on a legendary stature to the community; mentioned in literature or documents of historic value; or considered unusual due to size, age or has landmark status. 3. The Historic Landmark Commission will make recommendations for Historic Tree designations to the Planning and Zoning Commission (which will conduct a public hearing and include property owner notification) for ultimate approval by the City Council. Upon designation, each tree shall be added to a Historic Tree Registry map to be maintained by the Planning and Development Department. DRAFT TREE PRESERVATION ORDINANCE Page 3 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE Quality Trees All healthy trees that have a dbh that is greater than six (6) inches, but is less than eighteen (18)inches and not within a Quality Tree Stand. Quality Tree Stand Three or more contiguous Quality Trees whose canopies are generally clustered together. Preservation The following shall apply unless an application for relief is filed and approved under Subsection 35.3.11. A. Any tree designated as a Historic Tree shall be preserved. B. Any tree designated as a Protected Tree shall be preserved unless mitigated under the requirements of Subsection 7. C. The minimum percentages of all dbh or percentage tree canopy of Quality Trees and Quality Tree Stands that must be preserved or mitigated are shown on Table 1. Table 1 Single-family & Multi-family and Mitigation Duplex Dwellings Non-Residential Uses Up to 50% of the percentage 20% within the 25% within the required to be preserved may Quality Trees and entire entire be mitigated under the Quality Tree Stands development, development, requirements of this Subsection. Do mo All percentages relating to preservation stated within this section shall be based on the initial tree inventory plan. Any subsequent redevelopment of property must minimally preserve the applicable percentage of the total dbh of quality trees as indicated by the initial tree survey. A notation shall be placed on the Site Plan or Final Plat identifying each Quality Tree, Quality Tree Stand, Protected Tree and/or Historic Tree required to be preserved under this Subsection. The notation shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) to be preserved or protected and shall run with the land and be binding upon all successors and assigns of the current owner. Mitigation If preservation cannot be reasonably achieved, then the following mitigation standards shall apply. A. Protected Trees may be removed if mitigated at a ratio of 1:2 (every 1" removed requires 2" towards mitigation required under this Subsection). DRAFT TREE PRESERVATION ORDINANCE Page 4 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE B. Quality Trees may be removed in excess of the minimum preservation requirement contained in Table 1 provided the excess removal is mitigated as identified in Table 2 Table 2, Mitigation (^) (B) (c) Method Description Restrictions 1. Establishment and The cumulative total of all Trees that are required to maintenance of new trees Quality Trees removed in be planted in compliance on site at the required ratio excess of the minimum with other development in Column B. preservation requirement regulations (parking lot contained in Table 1 shall canopy, buffers, street be mitigated at a ratio of trees) shall not be counted 1:1.5 (every 1" removed for the purpose of requires 1.5" towards satisfying mitigation mitigation), requirements. Only tree species identified on the Tree Mitigation Replacement Table, located in the Site Design Criteria Manual, shall be planted for mitigation purposes. If more than ten trees will be planted for mitigation, a minimum of four species, from the Tree Mitigation Replacement Table shall be planted. In such case no one species may total more than 50% of the total number of trees planted. 2. Preservation of existing See Subsection 7.F. See Subsection 7.F. trees off-site within a Tree Bank. See Subsection 7.F. 3. Plant new trees on The cumulative total of all Off-site plantings shall Public Property at the Quality Trees removed in also include maintenance required ratio identified in excess of the minimum and irrigation for a period Column B. See preservation requirement of not less than three (3) Subsection 9. contained in Table 1 shall years. Security for the be mitigated at a ratio of cost of maintenance shall 1:1.5 (every 1" removed be in the form of a cash requires 1.5" towards bond, surety bond, or mitigation), letter of credit. DRAFT TREE PRESERVATION ORDINANCE Page 5 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE 4. Payment to the tree See subsection 10 of this See subsection 10 of this mitigation fund. See Section. Section. Subsection 10. 5. Any combination of Method 1, 2, 3 and 4. C. Each replacement tree shall be a minimum of 2" caliper measured 6" above grade and at least 5' in height when planted. D. Upon completion of the three-year landscape establishment period, for replacement trees, the City shall inspect the trees and determine whether ninety percent (90%) of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the currency, bond or letter of credit, in the absence of such a finding, the Applicant shall be notified to replace any unhealthy or dead trees. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment on the cash bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this subchapter in addition to making demand on the security provided herein. E. Tree Fund 1. The City shall administer the Tree Fund. Tree funds shall be used to purchase, plant and maintain trees on public property, to preserve wooded property that remains in a naturalistic state in perpetuity, to perform and maintain a city-wide tree inventory and to educate citizens and developers on the benefits and value of trees. 2. The applicant shall pay the fees established by City Council and published in the Development Review Fee Schedule in the Application Criteria Manual. The fee shall be based on the fair market value of materials and labor at the time of planting and the the reasonable estimated cost for maintenance and irrigation for a period of three (3) years. 3. Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and Grading Permit on all Commercial, industrial, or Multi-Family Residential buildings, prior to final approval of a Gas Well Development Plat and prior to filing a Final Plat application for all Residential and Non-Residential Subdivisions as may be applicable. 4. Voluntary contributions for tree preservation shall be placed in the Tree Fund. F. Tree Banks 1. Areas of a minimum of one acre that have the characteristics of Cross Timber Forests are eligible to be classified as a Tree Bank. 2. Designation of a Tree Bank and transfer of tree credits shall be approved by the DRC Chairman. 3. Tree Banks shall be preserved with a permanent easement that shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) and shall run with the land and be binding upon all successors and assigns of the current owner. Methods for the long-term conservation of said DRAFT TREE PRESERVATION ORDINANCE Page 6 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE trees may include permanent conservation easements, restrictive covenants, or other such legal mechanisms. 4. Only portions of a Tree Bank not designated towards tree credit may be used for mitigation as identified in this Subsection. 5. Trees that are required to be preserved in compliance with other development regulations shall not be credited towards the Tree Bank. G. Areas that are un-developable, including but not limited to floodplain, wetlands and riparian areas, shall not be designated as Tree Banks. Preservation Incentives A. Tree Credits 1. All Quality Trees and Quality Tree Stands that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements as identified in Table 3. 2. All Quality Tree Stands with existing understory that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements at a ratio of 1:2. 3. Unless trees preserved are an integral part of the parking lot design, they will not be credited towards parking lot canopy requirements. 4. Unless trees preserved are an integral part of a required buffer design, they will not be credited towards buffer requirements Table 3 Credit Received towards landscape canopy requirements for Preservation Beyond Minimum Requirements Identified in Table 1 Tree Classification Credit Ratio Quality Tree 1:1.3 Quality Tree - Oak Species 1:1.5 Quality Tree Stands without understory 1:1.55 Quality Tree Stands consisting of a minimum 90% Oak Species 1:1.75 Quality Tree Stands with understory 1:1.8 Quality Tree Stands consisting of a minimum 90% Oak Species 1:2 with understory B. Parking Spaces For every twelve (12) dbh of Quality Tree(s) that have been protected on site, beyond the minimum requirements identified in Table 1, one (1) parking space may be added to or subtracted from the required number of parking spaces up to a fifteen (15) DRAFT TREE PRESERVATION ORDINANCE Page 7 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE percent increase or decrease. Upon the approval of the Director of Planning and Development, a waiver of up to thirty (30) percent may be granted. C. Parking Lot Design The Director of Planning and Development may allow parking lot design and parking lot landscaping requirements to vary from adopted standards to preserve existing trees. D. Subdivision Design The following incentives may be approved by the DRC Chairman and must be commensurate with the quality and character of the trees to be preserved: 1. Block Length may be increased up to twenty five (25) percent. 2. Cul De Sac Length may be increased up to twenty five (25) percent. 3. Alternative sidewalk locations. 4. Offset street location within a right-of-way. Other Incentives The employment of the following incentives must be approved by City Council and must be commensurate with the quality and character of the Trees to be placed within a conservation easement or otherwise conserved and the extent to which the preserved land contributes to the preservation of the remnants of the Cross Incentives may include but are not limited to: Timber Forest. 1. Fee waivers or credits, 2. Reduced open space/park land dedication requirements, 3. Reduction of monetary assessments relative to agricultural rollback taxes, 4. Tax abatements, 5. Tax Increment Financing, 6. Chapter 380 grant of money, 7. Transfer of Development Rights, and/or 8. Purchase of Development Rights - purchase by Government or Trust. Enforcement The City Arborist, Building Official or an authorized representative of the City shall have the authority to place a Stop Work Order on any activity involving the removal of Protected Tree(s), Historic Tree(s) Quality Tree(s) or Quality Tree Stand(s) or that may otherwise endanger trees contrary to the provisions of this Subsection and applicable Criteria Manuals. The Building Official may deny all Permits and Certificates of Occupancy for any site which is not in compliance with this Subsection and applicable Criteria Manuals. DRAFT TREE PRESERVATION ORDINANCE Page 8 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE B. Each tree removed in violation of this Subsection shall constitute a distinct and separate offense. C. Each tree preserved or planted under this Subsection that is removed, destroyed or dies within three (3) years of approval shall constitute a distinct and separate offense. D. It shall be a defense that trees are injured or destroyed by natural causes, natural disasters, including but not limited to tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent unauthorized actions of third parties. E. The enforcement and penalty provisions of Subsection 35.1.10.4 shall apply to this Subsection. Plan Submissions (To be located in the Application Criteria Manual) A. Tree Inventory Plan. A tree inventory plan shall delineate site boundaries and site trees by type, size (dbh) and/or canopy and species. An inventory map shall be prepared by a registered landscape architect, urban forester, botanist, arborist or other qualified professional and be submitted with a preliminary plat and/or building permit application. B. Tree Preservation/Replacement Plan. A tree preservation plan shall be submitted before the approval of a final plat and/or building permit and shall contain sufficient detail to show the following: 1. The location of existing and proposed improvements; 2. The limits of clearing and grading; 3. The location, size and health of all existing trees to remain, including tree credit calculations (canopy coverage) and methods proposed to comply with tree protection requirements during construction; 4. The location of any and all permanent conservation easements, restrictive covenants, or other such legal mechanism to allow for the long-term conservation of any and all trees required to be preserved. 5. The location, size and health of all existing trees proposed to be removed, including calculations (total dbh removed in excess of minimum requirements) to determine the replacement requirements; 6. Identification of all trees eligible for preservation; 7. The location and dimensions of boundary lines. 8. If Tree Stand credits are proposed, the type and species of existing understory plants (if any). C. Simplified Survey. 1. An aerial photo of the property showing the tree coverage may be used to identify groups of trees that will be preserved if mitigation is not proposed. 2. Large tree stands (greater than 1,000 square feet), which will be mitigated, may be inventoried by performing a detailed study within a specified 100 foot by 100 foot DRAFT TREE PRESERVATION ORDINANCE Page 9 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE area. The study area shall be a representative sample of the entire tree stand and must be approved by the City prior to performing the survey. The survey shall include the size, species and health of all existing trees within the area. The results of the survey will be applied to the total area of the tree stand to determine the total dbh within the tree stand. 3. If no Protected Trees, Historic Trees, Quality Trees or Quality Tree Stands exist on the property, a letter stating what does exist on the property may be submitted in lieu of a survey. D. The Tree Inventory Plan and the Tree Preservation Plan may be combined on one document. Tree Protection (To be included in the Site Criteria Manual) Construction Plans shall include necessary notes and details to ensure the viability of Protected Tress, Historic Trees, Quality Trees and/or Quality Tree Stands (Trees) including their roots, during construction. A. All trees identified on the tree preservation plan required to be preserved shall be protected during construction. All tree protection measures shall be in place and approved prior to the commencement of any on-site construction. Protection measures such as fencing shall be maintained at all times during construction. B. The developer shall not establish and maintain a construction entrance that is within the critical root zone of any Tree unless the root zone is adequately protected. C. Material intended for the use in construction or waste materials accumulated due to excavations or demolition shall not be placed within the limits of the critical root zone. D. Equipment shall not be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. E. Signs, wires or other objects, other than those of a protective nature shall not be attached to any Tree. However, lighting of a decorative nature may be attached to a Tree. The lighting shall be attached in a manner as not to damage the protected tree. F. Vehicular and or construction traffic or parking shall not take place within the limits of the critical root zone of any Tree other than on an existing paved surface. This restriction does not apply to access within the critical root zone for the purpose of clearing underbrush, which shall only be done by hand methods, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility services or routine mowing operations. G. Grade changes shall be allowed within the limits of the critical root zone of any Tree only upon approval by the city. If approved, major grade changes (i.e. four inches [4"] or greater) within the critical root zone of a Tree will require additional measures to maintain proper oxygen and water exchange with the roots. Root pruning will be required when disturbance will result in root exposure. Root pruning shall be DRAFT TREE PRESERVATION ORDINANCE Page 10 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE completed a minimum of two (2) weeks prior to any construction activity within the critical root zone of the protected tree. H. No paving with asphalt, concrete or other impervious materials shall occur within the critical root zone of a Tree. I. In those areas where a Tree is within 50 feet of a construction area, a protective fence, minimum of four feet (4') in height, shall be erected and maintained outside the critical root zone of each Tree. The protective fencing shall only be required on the subject site, if the critical root zone extends onto an adjacent property. J. Boring of utilities under Trees shall be required in those circumstances where it is not possible to trench around the critical root zone of a Tree. When required, the length of the bore shall be the width of the critical root zone plus two feet (2') on either side of the critical root zone and shall be at a minimum depth of 48 inches. K. Any physical damage to a Tree preserved for credit that is considered to place the survival of the Tree in doubt shall be eliminated as a credited tree and will require additional trees to be planted in its place at the required ratio. L. Where Tree removal is allowed through an exemption or by a tree removal permit and the root system is intertwined with the protected trees that are intended to be saved, the tree shall be removed by flush cutting with the natural level of the surrounding ground. Where stump removal is also desired, the stump grinding shall be allowed, or upon approval of the City, a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining stump without the destruction of the root system of the saved tree. Tree Planting Restrictions A. Bo Co (To be included in the Site Criteria Manual) Overhead Lines: Any required replacement tree(s) shall not be planted within an area (both vertically and horizontally) such that the mature canopy will be within ten feet (10') of any overhead utility lines. Underground Utilities: Any required replacement trees or street trees shall not be planted within 5' of underground public utility lines, including water lines, sewer lines, transmission lines, or other utilities. No trees may be planted within 10' of a fire hydrant. Street Comers: No tree shall be planted in the visibility triangle area, as defined in the Transportation Criteria Manual. The Tree Mitigation Replacement Table will be incorporated into the Site Criteria Manual Tree Mitigation Replacement Table Common Name Botanical Name Large Trees Pecan Carya illinoinensis DRAFT TREE PRESERVATION ORDINANCE Page 11 of' 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE Hickory Carya sp. Ash Fraxinus sp. Walnut duglans sp. Sweet Gum Liquidamber styraciflua Chinese Pistachio Pistacia chinensis Oak Quercus sp. Bald Cypress Taxodium distichum Elm Ulmus sp. Medium Trees Pine Pinus sp. Small Trees Redbud Cercis canadensis varieties Texas Persimmon Diospyrus texana Definitions (To be included in Subchapter 23 of the Code) Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area. Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one inch dbh. dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and one-half (4 1/2) feet above existing ground level. For single-trunk trees, the width shall be measured at four and one-half feet (4 1/2 ') above ground level. For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at four and one-half feet (4 1/2 ') above ground level. Drip Line: A vertical line run through the outermost portion of the canopy of a tree and extended to the ground. Healthy Tree: A healthy tree is a tree that is vigorously growing and is free of structural problems such as hollows or voids, free of disease, or insect problems and has a root system that is large enough to support its above ground mass. Limits of Construction: Delineation on a graphic exhibit, which shows the boundary of the area within which all construction activity will occur. Public Utilities: For the purposes of tree preservation provisions of the Denton Development Code, the term, Public Utilities includes public sanitary sewers, public water mains, public streets, public storm sewers, public detention ponds municipally- DRAFT TREE PRESERVATION ORDINANCE Page 12 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE owned electric utilities, electric cooperatives, investor- owned electric utilities, telephone companies, cable television companies, and other utilities defined under Texas law as "public utilities," as well as any contractor hired by these utilities. Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction fence, snow fencing or other similar fencing with a minimum four-foot (4') height. Qualified Professional: A qualified professional is a person with a minimum of a Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture, Botany and/or Plant / Soil Science or, an Arborist that has been certified by the Imemational Society for Arboriculture, a Texas Certified Nursery Professional, a Texas Master Certified Nursery Professional certified by the Texas Nursery and Landscape Association or a Licensed Landscape Architect. Removal: Removal means an act that causes or may be reasonably expected to cause a tree to die including uprooting, severing the main trunk, damaging the root system and excessive pruning. Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning shall be in accordance with approved methods set forth in the National Arborist Association Standards. Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or tree permit that describes prohibited conduct detrimental to trees. Understory: A grouping of native, noninvasive low-level woody, herbaceous, or ground covers species with stems less than 1 inch dbh. 35.3.11 Tree Preservation Relief Provisions (This section will be added to Subchapter 3 (Procedures) of the Development Code. mo The purpose of this provision allows a determination of whether the application of the Demon Developmem Code as applied to a Tree Removal Application and related developmem applications, would if not modified or other relief grained, may unreasonably burden the developmem of the property. Bo A property owner or his authorized agem may file an application for relief under this Subsection following a final decision to deny or conditionally gram an application for a Tree Removal Permit. Co The Director has the authority to establish requiremems for Applications for Tree Preservation Relief in the Application Criteria Manual. No application shall be accepted for filing umil it is complete and the fee established by the City Council has been paid. Do Upon approval of an application for relief in whole or in part by the City Council, the Director shall process the Tree Removal Permit and related development applications pursuam to the relief grained on the application for relief approved by the City Council. DRAFT TREE PRESERVATION ORDINANCE Page 13 of 14 April 11, 2004 DRAFT TREE PRESERVATION ORDINANCE mo A denial of an application for relief by the City Council is a final determination. Criteria for Approval. In deciding whether to gram relief to the applicam, the City Council shall consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the provisions of the Denton Development Code that apply to tree preservation may deprive the applicant of all economically viable use of the property, based on the following factors: 1. Whether there is a unique physical circumstance on the property. 2. Whether the proposed design has minimized the loss of trees to the extent possible. 3. Whether preservation and/or mitigation unduly burdens the development of the property. (This will be added to Subsection 35.3.5) An Alternative Tree Preservation Plan may be approved by the Planning and Zoning Commission, which proposes an alternative to strict compliance with the provisions of this Subsection if the Planning and Zoning Commission finds that such plan adequately achieves, or is an improvement on, the intent of the requirements of this Subsection. DRAFT TREE PRESERVATION ORDINANCE Page 14 of 14 April 11, 2004 Attachment 2 DRAFT TREE PRESERVATION ORDINANCE Purpose and Intent The Denton Plan identifies the importance of environmental management. The purpose of these regulations is to promote the preservation of trees, tree stands, including but not limited to remnants of the Cross Timbers Forest and existing tree canopy, to protect trees during construction, to facilitate site design and construction that contribute to the long term viability of existing trees which improves environmental conditions, specifically to comply with air and water quality regulations, to increases property values and to develop a process to control the removal of trees when necessaD,. It is the further purpose of this ordinance to achieve the following broader objectives: A. Prevent untimely and indiscriminate removal or destruction of treesP~bi-t-the-etear- B. Maintain and enhance a positive image of the City. C. Protect quat4t~trees and promote the ecological, environmental and aesthetic values of the City. D. Preserve historic trees. ~E. Provide for a permitting and enforcement procedure. Applicability A. Unless exempt under Subsection C, :[:this s_Subchapter shall apply to: 1. Undeveloped land. 2. All property to be redeveloped including additions or alterations, but not including interior alterations or exterior alterations that do not change the footprint of the hl,ildlnc~ 3. Gas Wells Development including but not limited to gas well transmission lines. &Right of way, streets, parks, and other public property under the jurisdiction of the City of Denton ~* B. To the extent there is a conflict be~een this Subsection and any other Subsection including but not limited to *h~ .~ ...... .~s~.~..~.~o: ..... *~ of Subsection 35.17.9 (Upland Habitat Development Standards) and Subsection 35.22.5.A.8.c (Gas Well Drilling and Production)~ the more stringent requirement shall apply. C ..... v ...... ExempB.9.~.~.~ 1. Al! dDevelopments that have a completed application on filefi!ed an app!icaticn for a prelimina~ plat or a building p it, app!i~Ol~, ~ p( th~ DRAFT TREE PRESERVATION ORDINANCE Page 1 of 1919113 March 19, 2004 DRAFT TREE PRESERVATION ORDINANCE effective date of this ~,r~;,,~,,~,~ _~,~u ;, ...... · c,~ ,~, ......; .....,~ Ac ,~,;~ 2. Existing agricultural uses greater than two (2) acres. 2¥3.Platted .¢prope~y on which a construction of single-hmily or two-hmily residential dwelling un s exists.and a ~Trees located in the visibility triangle area, as defined in the Transpogation Criteria Manual. Public utility projects associated with a master plan, conducted by a public utility 5. Public Utilities have the right to trim, cut, and/or remove any and all trees that: a. Interfere with or encroach upon the operations of the utilities; or b. Create a safety issue for utility crews; or c. Create a safe~ issue fore the public. 6. City Landfill and Ai~og. 7. Nurse~ trees that are planted and growing on the premises of a Wholesale Nurse~ that are intended for sale in the ordina~ course of business.. 8. Any tree dete~ined to be diseased, dying or dead, by a qualified professional or creating a public nuisance or damaging a foundation. 9.~m'~n~,~-~ ~-~':¢°c~"~ --~s~-~:~ ......... ~,~,o,~.~ ....... Any tree determined to be causing a danger or be in hazardous condition as a result of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welhre or safety and requires i~ediate removal. 10. ~learing of understo~ necessa~ to perfo~ soil boring~.,..._bounda~ su~eying of real prope~y or to conduct tree su~eys or inventories As long as the clearing for su~eying shall not exceed a width of two (2) feet for general su~ey (i.e. of easement bounda~, etc.) and eight (8) feet for su~ey of propegy bounda~ lines and any tree having a ten (10) inch dbh or greater shall not be removed under this exemptionin any manner during such bounda~ or general su~eying. 11. CapiBol Improvement PrQects awarded prior to the effective date of this ........... Subsection. DRAFT TREE PRESERVATION ORDINANCE Page 2 of 19191913 March 19, ~nna,,~ ..... ,.~. ~ ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE Permit required Nib ~,~-~ ~ ~A. No person, directly, or indirectly, shall cut down, destroy, remove or move, or intentionall~ destro~ or damag~ ~ny Quality Tree~ Protected Tree~ or Historic Tree without 5rst obtaining a tree removal permit and com~ with the requirements this Subsection. B. No grading shall take place on any undeveloped propeay that contains trees subject to this ~hapter Subsection without obtaining a tree removal permit. C. No hea~~ment shall be moved onto a site prior to all ~licable permits being issued. ~D. Ail t~rees greater than 3 "dbh and not listed identiSed as a p~rotected ;~ree, or Historic Tree -within this e~dinanee Subsection may be removed with a pe~it. E. Trees less than 3" dbh and not identiSed as a Historic Tree may be removed without a permit. Permit Review and Approval Process .t-:A. The Director may-shall adopt rules establishing the requirements for the permitting and approval process in the Application Criteria Manual. The rules shall include information required by the Director to determine if the application is complete. 2,B. A request for tree removal permit shall be submitted and approved prior to the removal of any r.v.,~,~.,~,~ ..,~,~ in the City. ~.C. A complete application shall be submitted along with the application fee,_ if required. The fees shall be established by City Council and published in the Application Criteria manual. 4.D. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, ifrequired~ must be submitted with the tree removal permit application. ~.E. Permits for tree removal issued in connection with a building permit or clearing and grading permit shall be valid for the same period of time. Tree removal permits issued not in connection with a building permit or clearing and grading permit are valid for 180 days. 6;.F. After the tree removal permit is issued, the permit holder shall post a tree protection sign, supplied by the City, at each entrance to the property and at any other location designated by the City. ~.G. Upon the request of the applicant, ~_the Gi~Planning Director shall be authorized to work with the owners, developers, and builders to make non-substantive changes, DRAFT TREE PRESERVATION ORDINANCE Page 3 of 19191913 March 19, -~nnzl~,~ ..... DRAFT TREE PRESERVATION ORDINANCE within the scope of the ordinance, to plans, permits, and other requirements throughout the development and construction processes that will provide the greatest reasonable tree survival. The decision of the Planning Director may be appealed by the applicant to the Planning and Zoning Commission under Subsection 35.3.5. The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11. Tree Designations A. Protected Trees kgy_h93J!hx tree with an eighteen (18). . ,,.,..,:,.T ~..v.~r'm~ inch or greater dbh and not in a }uality Tree Stand. ' ..... ~nmm~ ~Iama ~anlaal ~ama ~H Texa~ Ash ~ Bilk Wa[aut ~~ ~ ~staeia--e-hinensis 20" A ~ D ...... ;~ ~1~,~.,1~ 20" -Sa~h-O& n ............ ,;~ 90" La~yO-ak ~ ......... z ..... ~ ~-~ 20" RI~U; ~=~ ~ D ........... ;1..~;.. 20" 8huma~d O& ~ ~z D~f ~ob ~ ......... ~.11~ 20" 20~-~ T ;~ ~ob ~ ........... ;,.~;,~; .... 20" DRAFT TREE PRESERVATION ORDINANCE Page 4 of 19191913 March 19, 9nnzix~ ..... ~.~ ~ ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE B. Historic Trees 1. A Historic Tree is a healthy tree that stands at a place where an event of historic significance occurred that had local, regional, or national importance; or at the home of a citizen who is famous on a local, regional, or national basis. 2. A tree may also be considered historic if it has taken on a legendary stature to the community; mentioned in literature or documents of historic value; or considered unusual due to size, age or has landmark status. 3. The Historic Landmark Commission will make recommendations for Historic Tree designations to the Planning and Zoning Commission (which will conduct a public hearing and include property owner notification) for ultimate approval by the City Council. Upon designation, each tree shall be added to a Historic Tree Registry map to be maintained by the Planning and Development Department. A C. Quality Trees All healthy trees ^ r~..~n,T T.~ ; ..... ~.~I,~..T · .... C ..... ;~ ;a~.,;c.~a ~. ;. ,~.~ hat havehas a dbh that is greater than six (6)tv¢o-(2) inches, but is less than eighteen ;~a~' ..... ,~ mm inches and not within a Quality Tree Stan DRAFT TREE PRESERVATION ORDINANCE Page 5 of 19191913 March 19, 9nnaxt ..... t,~ ~-~ -mn~ DRAFT TREE PRESERVATION ORDINANCE e D. Quality Tree Stand Three or more contiguous Quality tTrees whose canopies are generally clustered Preservation Preservation shall be the first, best and standard approach. The following shall apply unless an application for relief is filed and approved under Subsection 35.3.11. A. Any tree designated as a _ Historic Tree shall be preserved, unless B. Any tree designated as a Protected Tree shall be preserved unless mitigated under the requirements of this Subsection 7. B~.C. Table ! establishes t~he minimum percentages of all dbh or percentage tree canopy of Quality Trees and and/or Quality Tree Stands that must be preserved or mitigated are shown on Table 1. Table 1 Single-family & Multi-family and Mitigation Duplex Dwellings Non-Residential Uses 20% within the Up to 50% of the percentage Quality Trees and entire 25% within the required to be preserved may Quality Tree Stands developmentsubdRT entire be mitigated under the ision, developmentsite, requirements of this Subsection. ! 00% v,4a.hJn the ~asi-~-A~ea IT~ ~ ~0~ ~C~ IT~ ~ ~0~ DRAFT TREE PRESERVATION ORDINANCE Page 6 of 19191913 March 19, ,~nnaxt ..... ,.~ ~ o onn2 DRAFT TREE PRESERVATION ORDINANCE 5 C~.D. All percentages relating to preservation stated within this section shall be based on the initial tree inventory~lan~. Any subsequent redevelopment of property must minimally preserve the applicable percentage of the total dbh of quality trees as indicated by the initial tree survey. E. A notation shall be placed on the Site Plans and/or Final Plats- ~note theidenti~ eachthe Quality Tree, Quality Tree Stand, Protected Tree and/or Historic Treetrees required to be prese~ed under this ....... v,~Subsectmn. The notation shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) ~rese~ed or protected and shall mn with the land and be binding upon all successors and assigns of the current owner. Methods Mitigation D ....... ,;~ ol~M1 ;.~ ~1~ f';,.of ;.~o~ ~A of~A~.A ....... 1~ If' preservation cannot be reasonablX achieved, then the following mitigation standards shall apply~ A:.E. Protected Trees may be removed if mitigated at a ratio of 1:2 (~e~ 1" removed requires 2" towards mitigation required under this Subsection). B:.F. Quality Trees may be removed in excess of the minimum preservation 1 .......... 6 provided the excess removal is requirement contained in sTable "~'~*;~- mitigated as identified in Table 2. Table 2, Mitigation (^) (B) (c) Method Description Restrictions DRAFT TREE PRESERVATION ORDINANCE Page 7 of 19191913 March 19, -~nnzl~,T ..... r,~ ~ ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE 1 Establishment and The cumulative total of all ^ ,rid ....... Ac ...... maintenance of new trees Quality Trees gTo-ate-~ ~.~.. 1 ...... f f ..... boll on site at the required ratio removed in excess -~v in ColumnB. ~" ~;~ c~ of the minimum ~c ..... ;~ ;a~,~;~a G~-B prese~ation requirement contained in subsection Table. Trees that are 6Table 1 shall be required to be planted in mitigated at a ratio of compliance with other 1:1.5 (eve~ 1" removed deve!~pment regulations requires 1.5" towards (parking lot canopy, mitigation), buffers, street trees) shall not be counted for the pu~ose of satisfying mitigation requirements. Only trees species identified on the Tree Mitigation Replacement Table, located in the Site ~es~ga Criteria Manual, shall be planted for miti oses. If more than ten trees will be ¢lanted for miti~ a minimum of four ~p~%, frpm ;h~ Mitigation Replacement Table shall be planted. In such case ~no one specie may total more than of the total number of trees planted. 2. Prese~ation of existing See Subsection 7.F. See Subsection 7.F. trees off-site within a Tree Ba~. See Subsection 7.F. ~3. Plant new trees on The cumulative total of all Off-site Public Prop6gy at the Quality Trees ? dbh er plantingsa!tematives shall required ratio identified in ~removed in excess also include maintenance Colu~ B~ of the minimum and i~igation for a period ~v~,:. See Subsection prese~ation requirement of not less than three ~ 9~ contained in subsec6en years. Security for the 6Table 1 shall be cost of maintenance shall mitigated at a ratio of be in the form of a cash 1:1.5 (eve~ 1" removed bond, surety bond, or requires 1.5" towards letter of credit. See itig ti ) ~'~*;~" 9 DRAFT TREE PRESERVATION ORDINANCE Page 8 of 19191913 March 19, -~nnzl~,~ ..... DRAFT TREE PRESERVATION ORDINANCE 43. Payment to the tree mitigation fund. See Subsection 10. 5_4. Any combination of Method 1, 2~ and 34.~ See subsection 10 of this Section. See subsection 10 of this Section. C. Each replacement tree shall be a minimum of 2" caliper measured 6" above grade and at least 5' in height when planted. D. Upon completion of the three-year landscape establishment period, for replacement trees, the City shall inspect the trees and determine whether ninety percent (90%) of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the currency, bond or letter of credit. In the absence of such a finding, the Applicant shall be notified to replace an,/unhealthy or dead trees. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment on the cash bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this subchapter in addition to making demand on the security provided herein. E. Tree Fund 1. The City shall administer the ;Tree ~und. Treee funds shall be used to purchase, plant and maintain trees on ~prese~e wooded ~ that remains in a naturalistic state in pe~etuity, to perfo~ and maintain a city- wide tree invento~ and to educate citizens and developers on the benefits and value of trees. w-~";~n ~c .h,~,_.~ ~.<~ra~ ...... :~,.o. The applicant shall pay the fees established by City Council and published in the Development Review Fee Schedule in the Application Criteria Manual. The fee shall be based on the hir market value of materials and labor at the time of planting and the the reasonable estimated cost for maintenance and irrigation for a period of three (3) years. T~, ....... ~Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and Grading Permit on all Commercial, Industrial, or Multi-Family Residential buildings, prior to final approval of a Gas Well Development Plat and DRAFT TREE PRESERVATION ORDINANCE Page 9 of 19191913 March 19, 9nnAx~ ..... ,.~ ~ ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE prior to filing a Final Plat application for all Residential and Non-Residential Subdivisions as ma besch%gpplicable. 4. Voluntary contributions for tree preservation shall be placed in the Tree Fund. Tree Banks 1. Areas of a minimum of one acre that have the characteristics of Cross Timber Forests are eligible to be classified as a Tree Bank. ' ' 2. tDesignation of a Tree Bank and transfer of tree credits shall be approved by the DRC Chairman. 3. Tree Banks shall be preserved with a permanent easement that shall limit any future land disturbing activi[y or construction that would impact and/or damage the tree(s) and shall run with the land and be binding upon all successors and assigns of the current owner. Methods for the long-term conservation of said trees ma~ include permanent conservation easements,, restrictive covenants, or other such legal mechanisms. 4. Only portions of a Tree Bank not designated towards tree credit ....... v ....................... may be used for mitigation as identified in this Subsection. 5. Trees that are required to be preserved in compliance with other development regulations shall not be credited towards the Tree Bank. 6. Areas that are un-develo_ able includin_ but not limited to flood_ lain wetlands and riparian areas, shall not be designated as Tree Banks. .... (~.~!.~g...?.~placed with 35.3.11) 98. Preservation Incentives A. Tree Credits DRAFT TREE PRESERVATION ORDINANCE Page 10 of 19191913 March 19, 9nnAxT ..... ,.~ ~ ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE 1 All ;_=A;_~;A,~ol (~,ml;txz Trees and ~ Tree Stands '>~ r~,,o~a,T,<,,,..,/ T.-~.,,,, ~,,,~,.o~f°"'~° that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements at a ratio of !: !.5as identified in Table 3. ~2.All Quality Tree Stands with existing understory that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements at a ratio of 1 &.3.Unless trees preserved are an integral part of the parking lot design, they will not be credited towards parking lot canopy requirements. 4. Unless trees preserved are an integral part of a required buffer design, they will not be credited towards buffer requirements Table 3 Credit Received towards landscape canopy requirements for Preservation Beyond Minimum Requirements Identified in Table 1 Tree Classification Credit Ratio Quality Tree 1:1.3 Q~lity Tree - Oak Species 1:1.5 Q_u_a_l_i_ty Tree Stands without understory 1:1.55 Quality Tree Stands consisting of a minimum 90% Oak Species 1:1.75 Quality Tree Stands with/understory 1:1.8 0 Qualitg Tree ~mnd5 ~onsisting of' a minimum ~0 ~ Oak ~pe~es 1:2 with/understor~ B. Parking Spaces For every twelve (12) dbh of Quality Tree(s) that have been protected on site, beyond the minimum requirements identified in Table 1, one (1) parking space may be added to or subtracted from the required number of parking spaces up to a fifteen (15) percent increase or decrease. Upon the approval of the Director of Planning and Development, a waiver of up to thirty (30) percent may be granted. C. Parking Lot Design The Director of Planning and Development may allow parking lot design and parking lot landscaping requirements to vary from adopted standards to preserve existing trees. D. Subdivision Desig[~ DRAFT TREE PRESERVATION ORDINANCE Page 11 of 19191913 March 19, 9nnax~ ..... DRAFT TREE PRESERVATION ORDINANCE The following incentives mastmay be approved by the DRC Chairman and must be commensurate with the quality and character of the :t:trees ~u,~e ^~.~ ~ to be preserved:: 1. Block Lengt_~__~_y be increased up toby_~_e~_t~_(25)_percent. 2. Cul De Sac Length may be increased up toby_ twenty five (25) percent. 3. T~e DRC C~Arman may approve aAlternative sidewalk locations.: ....... v ~-6 .......... v -vv .... oOffset street location within a Right-Oof- vcWay. AddiOomat Other Incentives The employment of the following incentives must be approved by City Council and must be commensurate with the quality and character of the Trees r ........ * .... ~ -~-,*o,~"~° ~,.~xe ^~.~ ,~,~,~ be placed within a conservation easement or otherwise conserved and the extent to which the preserved land contributes to the preservation of the remnants of the Cross Timber Forest. Incentives may include but are not limited to: 1. Fee waivers or credits, 2. Reduced open space/park land dedication requirements, 3. Reduction of monetary assessments relative to agricultural rollback taxer 4. Tax abatementt 5. Tax Increment Financing, 6. Ch ant ofmone~ 7. Transfer of Development Rights, and/or 8. Purchase of Development Rights - purchase by Government or Trust. DRAFT TREE PRESERVATION ORDINANCE Page 12 of 19191913 March 19, 9nnAx~ ..... ~.~. ~ ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE 11 Trna ~..a ~nw~a to 7_1 ~09. Enforcement The City_Ar_b_9_ri_s_t__, Building Official or an authorized r_e_presentative of the have the authority to place a Stop Work Order on any activity involving the removal of, which is removing.Quality Trees, Historic Tree(s) Quality Tree~ Tree Stand s(5) or that may otherwise endanger trees is removing= trees contrary_ to the provisions of this Subsection and applicable Criteria Manuals. DRAFT TREE PRESERVATION ORDINANCE Page 13 of 19191913 March 19, 9nnAxT ..... DRAFT TREE PRESERVATION ORDINANCE The Building Official may dgny all Permits and Certificates of Occupancy for any sitex which is not in compliance with this Subsection and applicable Criteria Manuals. Each tree removed in violation of this Subsection shall constitute a distinct and ~__e_parate o nse. ,.. ....................... ~, C. Each tree prese~ed or _ lanted under this Subsection that is removed destro_ ed or dies within three (3) years of approval shall constitute a distinct and separate offense. D. It shall be a defense that trees are injured or destroyed by natural causes, natural disasters~ includin but not limited to tornadoes strai bt-line winds ice sto~s fire floods, hail, or lightning strkes, or through the independent unauthorized actions of third paaies. E. The enforcement and penalty provisions of Subsection 35.1.10.4 shall apply to this Subsection. ~Plan Submissions ....(To be located in the Ap....plication Criteria Manual). A. Tree Inventory Plan. A tree inventory plan shall delineate site boundaries and site trees by type, size (dbh) and/or canopy and species. An inventory map shall be prepared by a registered landscape architect, urban forester, botanist, arborist or other qualified professional and be submitted with a preliminary plat and/or building permit application. B. Tree Preservation/Replacement Plan. A tree preservation plan shall be submitted before the approval of a final plat and/or building permit and shall contain sufficient detail to show the following: 1. The location of existing and proposed improvements; 2. The limits of clearing and grading; 3. The location, size; spe=eie~and health of all existing trees to remain, including tree credit calculations (canopy coverage) and methods proposed to comply with tree protection requirements during construction; 4. The location of any and all permanent conservation easements, restrictive covenants, or other such legal mechanism to allow for the long-term conservation of any and all trees required to be preserved. 5. The location, size, species and health of all existing trees proposed to be removed, including calculations (total dbh removed in excess of minimum requirements) to determine the replacement requirements; 6. Identification of all trees eligible for preservation; 7. The location and dimensions of boundary lines. 8. If Tree Stand credits are proposed, the type and species of existing understo~_ plants (if any). C. Simplified Survey. 1. An aerial photo of the property showing the tree coverage may be used to identify groups of trees that will be preserved if mitigation is not proposed. DRAFT TREE PRESERVATION ORDINANCE Page 14 of 19191913 March 19, 9nna~,~ ..... DRAFT TREE PRESERVATION ORDINANCE 2. Large tree stands (greater than 1,000 square feet), which will be mitigated, may be inventoried by performing a detailed study within a specified 100 foot by 100 foot area. The study area shall be a representative sample of the entire tree stand and must be approved by the City prior to performing the survey. The survey shall include the size, species and health of all existing trees within the area. The results of the survey will be applied to the total area of the tree stand to determine the total dbh within the tree stand., 3. If no Protected Trees, Historic Trees, Quality Trees or Quality Tree Stands .... ~;c,~,~ ~,,.,,c~oo;,,,,~ stating what does exist on the property, a letter from a ~t ........ v ............ exist on the property may be submitted in lieu of a survey. D. The Tree Inventory Plan and the Tree Preservation Plan may be combined on one document. 13. Tree Protection (To be included in the Site Criteria Manual) Construction Plans shall include necessary notes and details to ensure the viability of Protected Tress, Historic Trees, Quality Trees and/or Quality Tree Stands (Trees) including their roots, during construction. A. All trees identified on the tree preservation plan re~_uired to be preserved shall be protected during construction. All tree protection measures shall be in place and approved prior to the commencement of any on-site construction. Protection measures such as fencing shall be maintained at all times during construction. B. he developer shall not establish and maintain a construction entrance that is net within the critical root zone of any v ............ Tree unless the root zone is adequately protected. C. Material intended for the use in construction or waste materials accumulated due to excavations or demolition shall not be placed within the limits of the critical root zone. D. Equipment shall not be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. E. Signs, wires or other objects, other than those of a protective nature shall not be attached to any~.,,[w,~vwu~'v"faPfaA tTree. However, lighting of a decorative nature may be ~-~,~,~,~ ,T,-~ The lighting shall be attached in a manner as not to attached to a ~, ......... _~ .... damage the protected tree. F. Vehicular and or construction traffic or parking shall not take place within the limits of the critical root zone of any protected-t_Tree other than on an existing paved surface. This restriction does not apply to access within the critical root zone for the purpose of clearing underbrush, which shall only be done by hand methods, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility services or routine mowing operations. G. Grade changes shall be allowed within the limits of the critical root zone of any v ........ tTree only upon approval by the city. If approved, major grade changes DRAFT TREE PRESERVATION ORDINANCE Page 15 of 19191913 March 19, -~nnzl~,~ ..... DRAFT TREE PRESERVATION ORDINANCE 14. ~,,~-~a ~Troo will (i.e. four inches [4"] or greater) within the critical root zone of a require additional measures to maintain proper oxygen and water exchange with the roots. Root pruning will be required when disturbance will result in root exposure. Root pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the critical root zone of the protected tree. H. No paving with asphalt, concrete or other impervious materials shall occur within the critical root zone of a ~, ........ t_Tree. · '-~-~ tTree is within 50 feet of a construction area, a I. In those areas where a v ........ _ protective fence, minimum of four feet (4') in height, shall be erected and maintained outside the critical root zone of each ~=Tree ~. The protective fencing shall only be required on the subject site, if the critical root zone extends onto an adjacent prope~y. J. Boring of utilities under~,~,~~-~ tTrees_, shall be required in those circumstances where it is not possible to trench around the critical root zone of a ~ ........ ~ .... When required, the length of the bore shall be the width of the critical root zone plus two feet (2') on either side of the critical root zone and shall be at a minimum depth of 48 inches. K. Any physical damage to a ;~ree prese~ed for credit that is considered to place the su~ival of the t~ree in doubt shall be eliminated as a credited tree and will require additional trees to be planted in its place at the required ratio. L. Where pro~cted t~ree removal is allowed through an exemption or by a tree removal permit and the root system is integwined with the protected trees that are intended to be saved, the tree shall be removed by flush cuaing with the natural level of the surrounding ground. Where stump removal is also desired, the stump grinding shall be allowed, or upon approval of the City, a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining stump without the destruction of the root system of the saved tree. Tree Planting Restrictions (To be included in the Site Criteria Manual) 1. Overhead Lines: Any required replacement tree(s) shall not be planted within an area (both vertically and horizontally) such that the mature canopy will be within ten feet (10') of any overhead utility lines. 2. Underground Utilities: Any required replacement trees or street trees shall not be planted within 5' of underground public utility lines, including water lines, sewer lines, transmission lines, or other utilities. No trees may be planted within 10' of a fire hydrant. 3. Street Comers: No tree shall be planted in the visibility triangle area, as defined in the Transportation Criteria Manual. The Tree Mitillation Replacement Table will be incorporated into the Site Criteria Manual DRAFT TREE PRESERVATION ORDINANCE Page 16 of 19191913 March 19, -~nnzl~,~ ..... DRAFT TREE PRESERVATION ORDINANCE T[~=~igation Replacement Table Common Name Botanical Name Large Trees Pecan Carya illinoinensis HickQ~ Carya sp. Ash Fraxinus Walnut Juglans sp. Sweet Gum ~uidamber s~raciflua Chinese Pistachio Pistacia chinensis Oak Quercus Bald Cypress Taxodium distichum Elm Ulmus Medium Trees Pine Pinus Small Trees Redbud Cercis canadensis varieties Texas Persimmon Diospyrus texana 15. Definitions (To be included in Subchapter 23 of the Code) Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area. Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one inch dbh. dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and one-half (4 ½) feet above existing ground level. For single-trunk trees, the width shall be measured at four and one-half feet (4 ½ ') above ground level. For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at four and one-half feet (4 ½ ') above ground level. Drip Line: A vertical line run through the outermost portion of the canopy of a tree and extended to the ground. Healthy Tree: A healthy tree is a tree that is vigorously growing and is free of structural problems such as hollows or voids, free of disease, or insect problems and has a root system that is large enough to support its above ground mass. DRAFT TREE PRESERVATION ORDINANCE Page 17 of 19191913 March 19, -)nnz~x~ .....~,~, ~ ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE Limits of Construction: Delineation on a graphic exhibit, which shows the boundary of the area within which all construction activity will occur. Public Utilities: For the purposes of tree preservation provisions of the Denton Development Code, the term, Public Utilities includes public sanitary sewers, public water mains, public streets, public storm sewers, public detention ponds municipally- owned electric utilities, electric cooperatives, investor- owned electric utilities, telephone companies, cable television companies, and other utilities defined under Texas law as "public utilities," as well as any contractor hired by these utilities. Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction fence, snow fencing or other similar fencing with a minimum four-foot (4') height. Qualified Professional: A qualified professional is a person with a minimum of a Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture, Botany and/or Plant / Soil Science or, an Arborist that has been certified by the International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas Master Certified Nursery Professional certified by the Texas Nursery and Landscape Association or a Licensed Landscape Architect. Removal: Removal means an act that causes or may be reasonably expected to cause a tree to die including uprooting, severing the main trunk, damaging the root system and excessive pruning. Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning shall be in accordance with approved methods set forth in the National Arborist Association Standards. Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or tree permit that describes prohibited conduct detrimental to trees. Understory: A grouping of native, noninvasivenatural low-level woody, herbaceous, or ground covers species with stems less than 1 inch dbh.= 35.3.11 Tree Preservation Relief Provisions (This section will be added to SubchqpUr ~ (Procedures.) of the Development Code. The purpose of this provision allows a determination of whether the application of the Denton Development Code as applied to a Tree Removal Application and related development applications, would if not modified or other relief unreasonably burden the development of the property. DRAFT TREE PRESERVATION ORDINANCE Page 18 of 19191913 March 19, 9nna~,~ ..... ,,~, ~ ~nn~ DRAFT TREE PRESERVATION ORDINANCE A property owner or his authorized agent may file an application for relief under this Subsection following a final decision to deny or conditionally grant an application for a Tree Removal Permit. The Director has the authority to establish requirements for Applications for Tree Preservation Relief in the Application Criteria Manual. No application shall be accepted for filing umil it is complete and the fee established .!~.y....~h~....~.~ Council has been paid. Upon approval of an application for relief in whole or in part by the City Council, the Director shall process the Tree Removal Permit and related development applications pursuam to the relief grained on the a~lication for relief a~roved ~ the City Council. E. A denial of an avplication for relief b~ Council is a final determination. Criteria for Approval. In deciding whether to gram relief to the applicant, the City Council shall consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the provisions of the Denton Development Code that apply to tree preservation may deprive the applicant of all economically viable use of the ~ based on the following factors: 1. Whether there is a uniq~ physical circumstance on the prope~y_. 2. Whether the proposed design has minimized the loss of trees to the extent possible. 3. Whether preservation and/or mitigation unduly burdens the development of the pro~y, (This will be added to Subsection 35.3.5) An Alternative Tree Preservation Plan may be ~roved ~ the Planning and Zonin oses an alternative to strict compliance with the provisions of this Subsection if the Planning and Zoning Commission finds that such plan adequately achieves, or is an improvemem on, the intern of the requirements of this Subsection. DRAFT TREE PRESERVATION ORDINANCE Page 19 of 19191913 March 19, -~nnzl~,~ ..... Attachment 3 AD HOC DENTON CITY COUNCIL TREE CONSERVATION COMMITTEE Discussion Point: Small Lot Infill Exclusions 1. If infill equal to or less than one (1) acre is being platted, that property is exempt from this ordinance except for provisions related to "historic trees" preservation. A tree inventory is only required to identify historic trees. 2. If equal to or less than one (1) acre is being platted, that property is exempt from this ordinance except for provisions related to "historic trees" preservation and a requirement for mitigation of "protected tree" removal (e.g. on a 1:1 basis?). A tree inventory is only required to identify protected and historic trees. 3. If infill greater than one (1) acre and/or less than or equal to five (5) acres is being platted, that property is exempt from this ordinance except for provisions related to "historic trees" preservation and a requirement for mitigation of "protected tree" removal. A tree inventory is only required to identify protected and historic trees or protected tree groves (e.g. on a 1.5:1 basis?). Reducing the ratio to 1.25 or 1:1 was discussed but not resolved. 4. If greater than one (1) acre and/or less than or equal to five (5) acres is being platted, that property is exempt from this ordinance except for provisions related to "historic trees" preservation and a requirement for mitigation of "protected tree" removal (e.g. on a 2:1 basis?). Reducing the ratio to 1.75 or less was discussed but not resolved. For discussion purposes, staff grouped the 725 lots, identified within the limits of the "infill boundary" (as presemed in the Infill White Paper) imo the following categories: Lot Size Number Percentage Cumulative of Lots Percentage 0 - 2,500 sq. ft. 19 2.6% 2.6% 2,500 sq. ft. - 5,000 sq. ft. 70 9.7% 12.3% 5,000 sq. ft. - 7,500 sq. ft. 164 22.6% 34.9% 7,500 sq. ft. - 10, 890 sq. ft. (1/4 acre) 148 20.4% 55.3% 1/4 ac - 1/2 acre 113 15.6% 70.9% 1/2 acre - 1 acre 71 9.8% 80.7% 1 acre- 2.5 acres 77 ~0.6% 9~.3% 2.5 acres - 5 acres 28 3.9% 95.2% 5 acres - 7.7 acres 13 ~ .8% 97.0% 7.5 acres - 10 acres 8 ~.1% 98.~% > 10 acres 14 ~.9% ~00.0% The majority (55.3%) are less than 10,890 sq. ft. and over 70% are less than 1/2 acre in size. Staff also categorized some recent commercial developments by size to show the range of lot sizes associated with each development. Recent Commercial Location Lot Size Developments Colorado Medical Office 3200 Colorado Blvd. 0.9 acres Texas St. Apts. (34 units) 600 Texas Street 1.0 acres Blue Water Car Wash 1704 Teasley 1.0 acres Car Wash 1-35 & State School Road 1.0 acres Johnny Carinos Restaurant N 1-35 & Center Place 1.1 acres CVS Pharmacy Teasley & Teasley 1.5 acres Farmers & Merchants Bank N 1-35 & Center Place 1.6 acres Chuck E Cheese N 1-35 north of Cemer Place 1.8 acres Texas Road House N I35 & Mayhill 2.1 acres 1st State Bank Carroll & West oak 2.2 acres Loop 288 Mini-Storage Loop 288, N of Lowe's 3.7 acres Rudy's Barbeque & Gas Station S 1-35 north of Teasley 2.4 acres Russell Newman Warehouse Loop 288 & Cypress 6.3 acres Sally Beauty Colorado & Mayhill 23.7 acres DeNon Bible University & Nottingham 32 acres DeNon Crossing Loop 288 & Spencer 54.1 acres Attachment 4 Summary of Recent Tree Inventories % of trees equal to or less than size Size Quantity % of total indicated 2 3 0.09% 0.09% 3 249 7.55% 7.64% 4 312 9.46% 17.11% 5 95 2.88% 19.99% 6 467 14.16% 34.15% 7 109 3.31% 37.46% 8 425 12.89% 50.35% 9 66 2.00% 52.35% 10 272 8.25% 60.60% 11 39 1.18% 61.78% Note: Survey represents 20 tree inventories 12 297 9.01% 70.79% totaling approximately 850 acres. 13 34 1.03% 71.82% 14 101 3.06% 74.89% 15 128 3.88% 78.77% 16 86 2.61% 81.38% 17 5 0.15% 81.53% 18 209 6.34% 87.87% 19 20 0.61% 88.47% 20 71 2.15% 90.63% 21 5 0.15% 90.78% 22 30 0.91% 91.69% 23 6 0.18% 91.87% 24 83 2.52% 94.39% 25 11 0.33% 94.72% 26 20 0.61% 95.33% 27 4 0.12% 95.45% 28 23 0.70% 96.15% 29 13 0.39% 96.54% 30 22 0.91% 97.45% 31 14 0.42% 97.88% 32 12 0.36% 98.24% 33 5 0.15% 98.39% 34 2 0.06% 98.45% 35 2 0.06% 98.51% 36 13 0.39% 98.91% 37 3 0.09% 99.00% 38 4 0.12% 99.12% 39 1 0.03% 99.15% 40 1 0.03% 99.18% 41 3 0.09% 99.27% 42 6 0.18% 99.45% 43 3 0.09% 99.55% 44 5 0.15% 99.70% 46 3 0.09% 99.79% 48 5 0.15% 99.94% 49 3 0.09% 100.03% Note: Sum greater than 100% due to rounding error 52 3 0.09% 100.12% 58 1 0.03% 100.15% 61 1 0.03% 100.18% 65 1 0.03% 100.21% 75 1 0.03% 100.24% Total 3297 CITY OF DENTON CITY COUNCIL MINUTES April 20, 2004 After determining that a quorum was presem, the City Council convened in a Special Called Meeting on Tuesday, April 20, 2004 at 11:00 a.m. in the City Council Chambers of City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, and Thomson. ABSENT: Council Members Momgomery and Redmon 1. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of DeNon Utility System Revenue Refunding Bonds, Series 2004, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest Company, stated that it was their recommendation not to refund the bonds at this time. The market was not good and he suggested watching to see what might happen during the next several months. Council discussed whether or not the process was too cumbersome to take advantage of a quickly moving market. With no further business, the special called meeting was adjourned at 11:10 a.m. After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, April 20, 2004 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Redmon and Thomson. ABSENT: Council Member Montgomery 1. The Council received funding recommendation reports from the Community Developmem Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). The Council held a discussion regarding the proposed 2004 Action Plan for Housing and Community Development and gave staff direction. Ed Touraine, Chair-Community Developmem Advisory Committee, stated that the funding recommendations were listed in the agenda back-up materials and he was available for questions. James McDade, Chair-Human Services Advisory Committee, stated that the needs for funding had grown tremendously. The Committee did not review any applications received after the deadline and was recommending funding for 25 community programs. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of April 20, 2004. Following the completion of the Work Session, the Council convened imo Close Sesison. City of DeNon City Council Minutes April 20, 2004 Page 2 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney- Under TEXAS GOVERNMENT CODE Section 551.071 Received legal advice from the City Attorney regarding the award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-2003-01327 pending in the Probate Court of Denton County, Texas. Regular Meeting of the City of DeNon City Council on Tuesday, April 20, 2004 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 presemed proclamations for: Days of Remembrance Imernational Children's Day Demon Cinco de Mayo Day B. April Yard-of-the-Momh Awards Mayor Brock presented Yard of the Month Awards to: David and Pam Arthur Larry and Pam Speed Delbert and Doris Gray Billy and Robin Railsback The Covemry Apartmems C. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to the Council. D. Briefing by a member/represemative of the Demon County Commissioners Court regarding the proposed County bond program that will affect Demon. City of DeNon City Council Minutes April 20, 2004 Page 3 Judge Mary Horn presemed proposed projects for the County bond election that would be held on May 15, 2004. She presemed a resolution of support for the upcoming bond program for the Council to consider at a future agenda. 3. CITIZENS REPORTS The Council received citizen reports from the following: 1. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth presemed information regarding minority hiring in the City's Fire Departmem. He felt that the City was not doing enough to achieve minority hiring in the Department. He suggested reducing his taxes equal to the amount to manage the Department as there was no minority representation in the department. Peternia Washington regarding responsible and responsive governmem part 5. Ms. Washington was not present at the meeting. 3. John McLeod regarding utility billing. Mr. McLeod was not present at the meeting. 4. Dessie Goodson regarding responsibility. Ms. Goodson stated there were two ordinances passed at a prior meeting that she had not seen in the legal notice section of the newspaper. She felt there was a need for an explanation for those ordinances. The council had a responsibility to all citizens of the City of DeNon. 4. CONSENT AGENDA Mayor Brock stated that a Request to Speak Card had been received on one of the Consent Agenda Items. Mike Cochran spoke in opposition to item 4F. Council Member Thomson requested that Items 4F and 4G be removed for separate consideration. Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of items 4F and 4G. On roll vote, Burroughs"ayd', Kamp "ayd', McNeill "ayd~ Redmon "ayd', Thomson "ayd' and Mayor Brock "ayd'. Motion carried unanimously. Items 4F and 4G were considered. Council discussed adding performance criteria for the organization performing the collection of delinquent taxes for future contracts. City of DeNon City Council Minutes April 20, 2004 Page 4 Burroughs motioned, Kamp seconded to approve Item 4F. On roll vote, Burroughs"ayd', Kamp 'hyd', McNeill"ayd', Redmon"ayd', Thomson"ayd'and Mayor Brock"ayd'. Motion carried unanimously. Thomson motioned, Burroughs seconded to approve Item 4G with the amended ordinance as presemed. On roll vote, Burroughs'hyd', Kamp"ayd', McNeill'hyd', Redmon"ayd', Thomson"ayd' and Mayor Brock"ayd'. Motion carried unanimously. mo 2004-114 - An ordinance of the City of Demon, Texas authorizing paymem of the award of Special Commissioners into the registry of the court in condemnation proceedings styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-2003-01327 pending in the probate court of DeNon County, Texas; and declaring an effective date. Bo 2004-115 - An ordinance awarding a contract for the purchase of materials, supplies, or services necessary for the purchase and maimenance of Oracle Database Enterprise Edition software as approved by the State of Texas General Services Commission Departmem of information Resources (DiR); providing for the expenditure of funds therefor; and providing an effective date (File 3161- Purchase of Oracle Software awarded to Mythics, inc. in the amoum of $149,057.50). Co 2004-116 - An ordinance authorizing the financing for six refuse trucks and an eighteen foot Windrow composting machine with Bank One through a lease/purchase financing agreemem; providing for the expenditure of funds therefor; and providing an effective date (File 3155-Lease Purchase of Refuse Trucks and Composting Machine, approximate finance charges $65,079.60). Do 2004-117 - An ordinance accepting competitive bids and awarding a comract for the purchase of an annual mowing contract for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3139-Annual Mowing Comract awarded to the lowest responsible bidder in the amount of $110,000). mo 2004-118 - An ordinance accepting competitive bids and awarding a comract for the purchase of temporary employment services for the Residential Solid Waste Division of the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3151- Temporary Employment services for Residential Solid Waste awarded to Labor Ready in the amoum of $11.25/hr). Fo 2004-119 - An ordinance amending Chapter 10, Section 10-2(d) of the Code of Ordinances of the City of DeNon, Texas to provide for the increase in the penalty for delinquent taxes still due as of July 1, of the tax year, from 15 percent to 20 percem; providing for a severability clause; providing for a savings clause; and providing for an effective date. Go 2004-120 - An ordinance of the City of DeNon, Texas authorizing the City Manager to execute an amendment to professional services agreement with Linebarger, Goggan, Blair, Pena & Sampson, LLP and Gregory & Conner P.C. to City of Demon City Council Minutes April 20, 2004 Page 5 increase compensation for delinquem taxes on behalf of the City of Demon; and providing for an effective date. Ho R2004-017 - A resolution adopting new program guidelines to increase the amoum for a single family equivalem impact fee under incemive grams to pay water and wastewater impact fees for single family affordable housing residemial units; and providing an effective date. R2004-018 - A resolution allowing Metzle~'s Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1, 2004, upon certain conditions; authorizing the City Manager or his designee to execute an agreemem in conformity with this resolution; and providing for an effective date. Jo Approved a tax refund for the following property tax: Tax Name Reason Year Amount I ~ i~ S~Pi~nt~i c~ang~ Ko 2004-121 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and JVC Real Estate LLC, and providing an effective date. Lo R2004-019 - A resolution of the City Council of the City of Demon, Texas supporting transfer of Federal Transit Administration Designated Recipient status from the City of Denton to the Denton County Transportation Authority; and providing an effective date. Mo 2004-122 - An ordinance abandoning and vacating a Sanitary Sewer easemem from Wheeler Ranch, Ltd. to City of Demon recorded in Volume 5105, Page 3845 of the Real Property Records of Denton County, Texas, in the B. Merchant Survey, Abstract No. 800; and declaring an effective date. No 2004-123 - An ordinance amending and updating a mutual aid agreemem (86- 188) between the City of Demon and Demon State School for mutual assistance during times of catastrophic events, emergencies or disasters; and providing for an effective date. Oo R2004-020 - A resolution establishing a standing committee of the City Council of the City of Demon for Council Appoimee Performance Reviews; appoiming the initial members of the committee; and providing an effective date. City of DeNon City Council Minutes April 20, 2004 Page 6 5. PUBLIC HEARINGS Item 5D was considered. D. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property was in a Neighborhood Residemial Mixed Use (NRMU) zoning district and was generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommended denial (5-1). Supermajority vote required for approval. (Z04- 0007, Dry Clean Super Center) The Mayor opened public hearing. No one spoke during the public hearing. Burroughs motioned, McNeill seconded to postpone the public hearing umil May 4, 2004. On roll vote, Burroughs "ayd', Kamp "ayd', McNeill "aydj Redmon"ayd', Thomson"ayd' and Mayor Brock 'hyd'. Motion carried unanimously. The Council returned to the regular agenda order. A. The Council held a public hearing inviting citizens to commem on the City of DeMon's 2004 Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, stated that there was a 30-day commem period regarding the 2004 Action Plan. The public hearing was to receive commems on the action plan based on recommendations of the two committees. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Carol Puckett, 925 Manhattan, DeNon, 76209-in favor of funding for Adult Day Care Andre Villarreal, 147 FM 407W, Argyle, 76226-in favor of funding for Adult Day Care A Commem Card was received from Dan Leal, 604 Chateau Court, DeNon, 76209, in favor of the funding recommendations. Carolyn Phillips expressed concerns regarding some of the funding recommendations such as housing programs in southeast Denton, loans to the elderly for housing rehabilitation. Darrell Ramsey, 514 Mack Drive, Owsley Community School-asked that if one late application was considered then all should be considered. The Mayor closed the public hearing. No action was needed on this item. City of DeNon City Council Minutes April 20, 2004 Page 7 B. The Council held a public hearing and considered adoption of an ordinance for Comprehensive Plan Amendment from 'Employment Centers' and ~Neighborhood Centers' to 'Neighborhood Centers' and 'Employment Centers' respectively. The area for amendment encompassed approximately 2.09 acres, which was generally located between Fort Worth Drive and Country Club Road, and north of the BeN Creek Estates subdivision. The property was largely undeveloped and single-family resideNial uses were proposed. The Planning & Zoning Commission recommended approval, 5-1. (CA04-O001, Central Village Estates) Kelly CarpeNer, Director of Planning and DevelopmeN, stated that the amendmeN would take one portion of the property out of the employmeN ceNer and put it in NR2 and take one portion out of NR2 and put it in an employmeN center. This would straighten out the boundaries of the two districts. The Mayor opened the public hearing. The following individual spoke during the public hearing: Vicki Oppenheim, represeNing the petitioner - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-124 AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 2.09 ACRES AND IS GENERALLY LOCATED BETWEEN FORT WORTH DRIVE AND COUNTRY CLUB ROAD, NORTH OF BENT CREEK ESTATES SUBDIVISION; PROVIDING A SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04-0001) Burroughs motioned, McNeil seconded to adopt the ordinance. On roll vote, Burroughs "ayd', Kamp "ayd', McNeill "ayd; Redmon "ayd', Thomson "ayd' and Mayor Brock "ayd'. Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to development standards associated with electric transmission lines and non-transmission voltage lines. The Planning and Zoning Commission recommended approval (6-0). (SI04-0004, DME Code Amendments) Sharon Mays, Director of Electric Utilities, stated that the ordinance would adopt the National Electric Safety Code. The Mayor opened the public hearing. City of Demon City Council Minutes April 20, 2004 Page 8 No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT OF THE CITY OF DENTON, TEXAS, CODE OF ORDINANCES, CHAPTER 28, ARTICLE III ELECTRICAL CODE, DIVISION 3 AND PROVIDING FOR THE ADDITION OF SECTION 35, SUBCHAPTER 24- ELECTRIC STANDARDS, RESPECTING THE ADOPTION OF THE NATIONAL ELECTRICAL SAFETY CODE, 2002 EDITION, VERSION C-2 2002; PROVIDING FOR AMENDMENTS TO THE NATIONAL ELECTRICAL SAFETY CODE, AS STATED IN SECTION 3 OF THIS ORDINANCE RESPECTING THE CITY OF DENTON, TEXAS; THE ESTABLISHMENT OF ELECTRIC TRANSMISSION LINE MINIMUM CLEARANCE REQUIREMENTS RESPECTING THE MATTER OF ELECTRIC SUPPLY LINES RESPECTING CONSTRUCTION AND THE LOCATION OF IMPROVEMENTS ON REAL PROPERTY; PROVIDING FOR AN OPEN MEETINGS CLAUSE; PROVIDING FOR A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 PER VIOLATION, PER DAY FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp "ayd', McNeill "aydj Redmon "ayd', Thomson "ayd' and Mayor Brock "ayd'. Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance concerning the creation of a Special Sign District for the Unicorn Lake Development. The proposed 133.5 acres site was located south of Interstate 35 East along both sides of Wind River Lane. The purpose of the Special Sign District was to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code. The Planning and Zoning Commission recommended approval (6-0). (SD04-O001, Unicorn Lake DevelopmenO Kelly Carpenter, Director of Planning and Development, stated that the proposal had been approved by the Planning and Zoning Commission with five conditions. The Mayor opened the public hearing. The following individual spoke during the public hearing: Brad Shelton, developer-favor The Mayor closed the public hearing. City of DeNon City Council Minutes April 20, 2004 Page 9 Council discussion of the proposal included: Whether the developer agreed with the Planning and Zoning Commission's conditions Would there be lighted signs in the neighborhood Pylor signs not in development-only on I35 The following ordinance was considered: NO. 2004-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT ON AN APPROXIMATE 133.5 ACRES OF LAND LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF INTERSTATE 35 EAST FRONTAGE ROAD AND WIND RIVER LANE LEGALLY DESCRIBED AS TRACT 15 OF THE M.E.P.&P.R.R. SURVEY ABSTRACT NUMBER 950 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. (SD04-0001) Burroughs motioned, Kamp seconded to adopt the ordinance with the Planning and Zoning Commission recommendations. On roll vote, Burroughs"ayd', Kamp "ayd', McNeill"ayd; Redmon 'hyd', Thomson"ayd'axtd Mayor Brock"ayd'. Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution by the City Council of the City of Denton, Texas, supporting the submission of an affordable housing tax credit application by the City of DeNon Housing Authority to the Texas Departmem of Housing and Community Affairs for the redevelopment of the Phoenix Apartments site located at 308 S. Ruddell Street; authorizing the Mayor to write a letter of support for the development and allocation of tax credits; and providing for an effective date. Barbara Ross, Community Developmem Administrator, stated that the DeNon Housing Authority would be redeveloping the Phoenix Apartmem site. The Authority needed approval by the governing body to apply for tax credits as the city already had twice the state average of units per capita supported by housing tax credits or private activity bonds. The following resolution was considered: NO. R2004-021 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE SUBMISSION OF AN AFFORDABLE HOUSING TAX CREDIT APPLICATION BY THE CITY OF DENTON HOUSING AUTHORITY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE REDEVELOPMENT OF THE PHOENIX APARTMENTS SITE LOCATED AT 308 S. RUDDELL STREET; AUTHORIZING THE MAYOR TO WRITE A LETTER OF City of DeNon City Council Minutes April 20, 2004 Page 10 SUPPORT FOR THE DEVELOPMENT AND ALLOCATION OF TAX CREDITS; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp 'hyd', McNeill"ayd', Redmon"ayd', Thomson"ayd'and Mayor Brock"ayd'. Motion carried unanimously. B. The Council considered adoption of an ordinance amending the DeNon City Code by adding article VII, entitled "storm water and detention facility improvements"; regulating the construction of storm water drain lines, channels and detention facilities; providing for pro rata and oversizing charges; providing a method of reimbursemeN to the developer by pro rata and oversizing payments; providing a method of enforcing payment of pro rata and oversizing charges; renumbering article VII to article VIII uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric service in the city; repealing all ordinances or parts of ordinances inconsisteN or in conflict herewith; providing a severability clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing an effective date. Dave Salmon, Assistant Director of Engineering, presented the details of the proposal. Current regulations required a developer to provide drainage structures large enough to account for future upstream developmeN. There was no mechanism to reimburse a developer of additional costs associated with either upsizing drainage structures to provide for future upstream development or downstream drainage improvemeNs across an adjaceN property. In addition, the Texas Water Code required a developer to pick up existing drainage runoff from upstream properties and carry it through the development site. The drainage must be discharged in such a manner that would not damage the downstream property owner. The proposed ordinance would cover two specific development situations and provide a mechanism for a developer to recover the costs associated with drainage improvemeNs that exceeded what was needed for his specific development in most instances. One other situation would be that the city would install the drainage improvements prior to development of properties. Pro rata fees would then be collected from developers when they developed their property and increased drainage runoff. Council discussion included: Ways to monitor the agreemeNs due to a possible lengthy time frame for developmeN Whether other cities had these types of agreements/procedures CommeN cards were received from: Misty Ventura, Hughes and Luce - table the ordinance to clean it up before passage Council Member Kamp requested the Council go iNo Closed Session to coNinue discussion on the proposed ordinance. The Council wen iNo Closed Session at 8:50 p.m. The Council returned from Closed Session at 9:10 p.m. City of Demon City Council Minutes April 20, 2004 Page 11 Burroughs motioned, Thomson seconded to postpone Items 6B and 6C umil the May 18, 2004 meeting. On roll vote, Burroughs "ayd', Kamp "ayd', McNeill'hyd', Redmon"ayd', Thomson"ayd' and Mayor Brock"ayd'. Motion carried unanimously. C. The Council considered an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071-acre parcel was located on the north side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie theatre was proposed. The Planning & Zoning Commission recommended denial (4-2). (V04- 0001 Cinemark Addition Drainage Variance) This item was postponed until the May 18, 2004 meeting as noted in Item 6B. D. The Council considered adoption of an ordinance approving an Imerlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority relating to an Enhanced Local Assistance Program; and providing an effective date. Mark Nelson, Director of Transportation Services, stated that the ordinance would transfer funds from the Denton County Transportation Authority to the City of Denton through the Enhanced Local Assistance Program. The following ordinance was considered: NO. 2004-127 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY RELATING TO AN ENHANCED LOCAL ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp 'hyd', McNeill"ayd', Redmon"ayd', Thomson"ayd'and Mayor Brock"ayd'. Motion carried unanimously. E. New Business The following items of New Business were suggested by Council for future agendas: Mayor Pro Tem Burroughs requested a resolution of support for the County bond package. Council McNeill requested a work session on zero based budgeting before the budget process started this year. 3. Council Member Redmon requested that the Agenda Committee place boards/commissions nominations on the next agenda. F. Items from the City Manager City of Demon City Council Minutes April 20, 2004 Page 12 Notification of upcoming meetings and/or conferences Clarification of items on the agenda City Manager Conduff did not have any items for Council. G. There was no further continuation of Closed Meeting under Sections 551.071- 551.086 of the Texas Open Meetings Act. H. 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 JENNIFER WALTERS CITY SECRETARY CITY OF DENTON CITY OF DENTON CITY COUNCIL MINUTES April 27, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 27, 2004 at 11:00 a.m. in the North Branch Meeting Room at the North Branch Library. PRESENT: Mayor Brock, Council Members Kamp, McNeill, and Thomson. ABSENT: Mayor Pro Tem Burroughs, Council Members Montgomery and Redmon. 1. The Council received a report, held a discussion, and gave staff direction regarding the results of the Citizen Attitude Survey and related information. City Manager Mike Conduff introduced Ray Turco with Raymond Turco & Associates, whose firm conducted a survey of citizen attitudes and evaluated public opinion regarding city issues. Turco stated that 402 households with telephone numbers were randomly selected for the survey and 9,480 telephone contacts were made. The study area was divided into the four council districts. He stated that the questions mirrored the 2001 Citizen Survey. The survey took place October 1 through October 18, 2003. Respondent profiles included: 25% ages 18-35, 27% over age 65, 22% residents for 3 years or less, 56% residents for 10 years or more, 82% Caucasian and 18% non-Caucasian. Turco stated that nearly 9 of 10 residents were satisfied (57%) or very satisfied (29%) with the quality of life in the city, which is 8% lower than in 2001. Fifty percent rated the community as having improved, 25% said it stayed the same, and 23% rated it worse. The most important issues facing Denton today were traffic congestion (29%), street maintenance (15%), growth overdevelopment (15%), and transportation (7%). The top issues in the last survey were growth (32%), street conditions (17%), economic development (11%), and traffic (8%). More than 69% in this year's survey acknowledged having access to a computer, while 31% said no. Access was higher in District 1 than anywhere else. The fire department, libraries, and emergency medical service were the services rated most positive by residents this year. Items of concern appeared to focus on the issues of traffic, speeding in their neighborhood, condition of major streets leading into their neighborhood and condition of streets. Forty-three percent of residents rated the taxes paid to the City either about right or low. Street maintenance, police, emergency medical service, and fire department were the services most frequently targeted to receive additional funding if available. Maintaining quality of life, working among themselves to promote the community, encouraging economic growth, and overall performance were the activity statements about the Denton City Council that drew the highest degree of satisfaction from city residents. Council agreed to use the survey's results to form their goals and objectives for future city actions. City of Demon City Council Minutes April 27, 2004 Page 2 With no further business, the meeting was adjourned at 1:15 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: May 18, 2004 DEPARTMENT: ACM: Fiscal Operations Kathy DuBose SUBJECT Consider approval of a resolution approving the issuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society; and providing an effective date. BACKGROUND The Colorado Health Facilities Authority Act (the "Authority"), created July 1, 1977, is an independem public body politic constituting a political subdivision of the State of Colorado. The Authority is not an agency of the State of Colorado government and is not subject to administrative direction by any department, commission, board or agency of the State of Colorado. The Authority was created by the Colorado Health Facilities Authority Act, Article 25 of Title 25 of the Colorado Revised Statutes, as amended (the "Act"), and its purpose is to provide financing for health facilities and to provide alternative methods by which health institutions in the State or their affiliates may finance health facilities located in the State and other states. The Act provides that the governing body of the Authority will be a Board of Directors consisting of seven members appointed for staggered, four-year terms by the Governor of the State with the consent of the State Senate. The Colorado Health Facilities Authority wishes to refund (refinance) the remaining bonds issued in 1993 and 1994 on behalf of the Evangelical Lutheran Good Samaritan Society (the "Society") by the DeNon Health Facilities Developmem Corporation (financial conduit). The Society is tax-exempt from federal income taxes under Section 501c(3) of the Imernal Revenue Code. The Society owns and operates two, long-term healthcare facilities, including related senior housing facilities, within the city. Specifically, they are located at 2500 Hinkle Drive and 3901 Montecito Drive. In order for this financial transaction to occur, it must first be approved by the City of Denton's City Council. This requiremem is established under Section 147(f) of the Imernal Revenue Code of 1986. Specifically, "A bond shall satisfy the requiremems if such bond has been approved by a govemmemal unit having jurisdiction over the area in which any facility is located." The City Council has previously taken similar actions for the Society. No liability will attach to the City in connection with this action. Agenda Information Sheet May 18, 2004 Page 2 The original bond proceeds funded certain capital expenditures at the Lake Forest Good Samaritan Village and the Demon Good Samaritan Village facilities in the city. The refunding structure is economically efficient and will produce a cost savings for the corporation and directly impacts the Society who owns and operates the long-term healthcare facilities. Therefore, residents of the Denton facilities may benefit from the resulting cost savings as it reduces the possibility of a future increase in charges. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A Public Hearing was held within the City at 215 E. McKinney St., at 9:00 a.m., on May 17, 2004, after publication of a Notice of Public Hearing (attached) in the Demon Record-Chronicle. The minutes of the Public Hearing are attached. FISCAL INFORMATION The bonds will be payable solely from the refinancing loan agreement, and the City will have no obligation whatsoever for paymem of the bonds nor shall any of its assets be pledged for payment of the bonds. EXHIBITS Notice of Public Hearing Minutes of Public Hearing Exhibit A Exhibit B Resolution Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations NOTICE OF PUBLIC HEARING CONCERNING BONDS TO FINANCE A PROJECT FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY Notice is hereby given that the City of DeNon, Texas (the "City") will conduct a public hearing concerning the approval of the issuance of the Colorado Health Facilities Authority's Health Facilities Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project), Series 2004, in a principal amoum of approximately $6,950,000 (the "Bonds"), to refund the presently outstanding Denton Health Facilities Development Corporation's Health Facilities Refunding Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project) Series 1993 and Series 1994, which reflected a series of refundings of the original debt, which was used to finance the acquisition, construction, improvement and equipping of 188 retirement apartmems and a 60 bed long term care facility at the Lake Forest Good Samaritan Village, located at 3901 Montecito Dr., Denton, Texas 76210 and 77 retirement apartments and a 92 bed long term care facility, at the Denton Good Samaritan Village, located at 2500 Hinkle Dr., DeNon, Texas 76210 (collectively the "Project"), all owned and operated by The Evangelical Lutheran Good Samaritan Society (the "Society"). The Bonds, when issued, will be limited obligations of the Colorado Health Facilities Authority and will not constitute a general obligation or indebtedness of the State of Texas or any political subdivision thereof, including the City, nor will they be payable in any amoum by taxation, but the Bonds will be payable solely and only from amoums received from the Society under a Loan Agreement, which amounts will be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when they shall become due. All imerested parties are invited to present comments at a public hearing regarding the issuance of the Bonds and the Project being financed thereby. The public hearing will be held May 17, 2004, at 9:00 a.m. at the Finance Department Conference Room, Denton City Hall, 215 East McKinney Street, Denton, Texas. Written comments to be presented at the public hearing may be mailed to the City c/o Ms. Diana Ortiz, Hearing Officer for the City of Demon, 215 East McKinney Street, Denton, Texas 76201. MINUTES OF PUBLIC HEARING City of Demon, Texas Re~ Colorado Health Facilities Authority's Health Facilities Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project) Series 2004 I, Diana Ortiz, acting as a Hearing Officer for the City of Demon, Texas (the "City"), the City in which the projects to be financed with proceeds of the above referenced Bonds (the "Bonds") are located, called the Public Hearing of the City on May 17, 2004, to order. I declared that a Public Hearing, required under Section 147(f) of the Imemal Revenue Code of 1986, was open for purposes of discussing the Bonds and the project to be financed, refinanced or constructed with the proceeds of the Bonds (the "Project") by Evangelical Lutheran Good Samaritan Society. I declared that the required notice of the Public Hearing for the Project was published in The Denton Record-Chronicle, being a newspaper of general circulation in Denton, Texas, as evidenced by an Affidavit of Publication attached hereto as Exhibit A. I proceeded to hold the Public Hearing. Comments and discussions with respect to the Bonds and the Project are summarized in Exhibit B, attached hereto. After sufficient time was given for all present to make their comments with respect to the Bonds and the Project, I declared the Public Hearing closed. Dated: May 17, 2004. Diana G. Ortiz Hearing Officer EXHIBIT A IN THE MATTER OF McCall1, Park~urst & Horton L.L.P. THE STATE OF TEXAS Bill Patterson The County of l)enton The County of Tarrant × being duly sworn says (s)he is the Publisher/authorized designee of the: Denton Record-Chronicle in City of Denton/surrounding areas in Denton Co.; Denton County Morning News in Lewisville/Flower Mound/South Denton Co.; Grapevine Sun in City of Grapevine/Southlake/Colleyville of Tarrant Co.; Newspaper(s) of general circulation which has been continuously and regularly published for a period of not less than one year preceding the date of the attached notice, and that the said notice was published in said paper(s) on the following dates: Notice of Public Hearing - Bonds for Evangelical Lutheran Good Samaritan Society Denton REcord Chronicle ~r - ......~.! ~ .,;.~. ? ~;:.~, SUSAN ~Y WEST ~ ~' {'~'::' ~ Not,~ Public, State of Tex~ ~ Subscribed and sworn to before me this 4/30/04 92 lines $55.45 Witness my hand and official seal April day of ,20 04 Notary Public, Denton, County, Texas NOTICE ~-- '.PUBLIC HEARING CONCERNING BONDS TO FINANCE A PROJECT FOR THE EVANGELICAL LUTHERAN GOOD SA)aARITAN SOCIETY Notice is heronry given that the City of Dentrol, Texas public ~arlng ~rnlng ~ i~ M ~ ~ce M ~ ~ FKIIF 1~1~ ~ B~ (The Evan~ll~l L~n G~ Samaritan ~lety Series ~, In a' prl~cJ~l amount of approximately ~,9~,~ (the "Bo~s"), fo r~u~ ?he pre~nfly ~t- ~ng ~nf~ Health ~1~ Rev~ ~ (~ Even~lical Lut~ran ~ ~m~rltan ~lety ~rl~ ~ and Series ~1~ wis ~ ~ fl~ ~ovem~t and ~ul~ing 188 ~tlrement and a ~ ~ I~g term ~re faclli~ at the Lake Fore~ ~ Samaritan VillaS, cat~ at ~l ~ontKlffi Dr., ~nt~, Texas 7~210 and r~lrem~ a~m~ ~ ~ ~ I~ tn ~m f~li- marltan Villas, I~t~ ~ Hlnkle Dr., ~, T~- as 7~210 (coll~flvely ~at~ ~y T~e Evan~ll~l Lutheran G~ Samaritan ~ (~ "~1~"). ~ llmlt~ o~ligafi~ ~ Celoraee Healt~ FeclIItI~ Te~ ~ ~ ~1 In aey am~nt ~y ~ f~ ~ ~1~ un- ~ a L~n Agr~m~, am~nts wild ~ ~lci~t aha r~m~l~ premium, If any, on t~e Bones al ~ f~y ~all ~me ~.. All inf~ ~1~ am ln- vlt~ fo ~ ~mm~ at a ~llc ~earleg r~erelng ~ I~ance ~ ~ ~ f~e Prolect ~elng flnanc~ t~emey. The ~u~llc will ~ ~el~ ~ay 17, ~, ~ment Conference R~m, ~ten City Hall, 215 East ~cKInney Str~, Texlt. Wrlff~ ~mm~ fo ~rl~ may m matl~ CI~ c/o ~5. Diana O~lz, H~rlng Officer for t~ City ~ ~nton, 215 East ~cKIn- ney St~f, Denton, 7~t. DRC 4/30/0~ EXHIBIT B No member of the public attended the Public Hearing, and thus no comments were made or discussion had about the Project or the Bonds. RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, APPROVING THE ISSUANCE OF BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas (the "City") is a duly organized and validly existing municipal corporation under the laws and Constitution of the State of Texas; and WHEREAS, The Evangelical Lutheran Good Samaritan Society (the "Society"), a North Dakota nonprofit corporation, owns and operates two long-term healthcare facilities, including related senior housing facilities, within the boundaries of the City; and WHEREAS, the Society wishes to refund the remaining maturity of bonds issued on its behalf in 1993 and 1994 by the Denton Health Facilities Development Corporation, the original proceeds of which funded certain capital expenditures at the Lake Forest Good Samaritan Village and the Denton Good Samaritan Village facilities in the City, from the issuance of new Bonds (collectively the "Project"); and WHEREAS, the Society has proposed that the moneys to fund the Project come from the proceeds of Bonds to be issued by the Colorado Health Facilities Authority (the "Bonds") in a multi-state offering authorized by Colorado state law; and WHEREAS, such multi-state offering is economically efficient and cost-saving for the Society, thereby reducing operating costs for the Society and therefore tending to reduce the necessity for increases of charges at its Denton facilities, thereby benefiting the residents of the City; and WHEREAS, the Bonds will be payable solely from revenues of the Society, and the City will have no obligation whatsoever for payment of the Bonds; and WHEREAS, as a prerequisite for the issuance of the Bonds by the Colorado Health Facilities Authority, a public hearing was held within the City at the Denton City Hall on May 17, 2004 after publication in the Denton Record-Chronicle of a Notice of Public Hearing, and a report on the hearing has been presented to the City Council, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City of Demon hereby approves the issuance of the aforesaid Bonds by the Colorado Health Facilities Authority in the maximum aggregate principal amount of $6,950,000 for The Evangelical Lutheran Good Samaritan Society, and further approves the Project as described in the Notice relating to the public hearing for the Bonds, and such approval shall be solely for the purposes of Section 147(f) of the Internal Revenue Code of 1986 and the City shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to payment of the Bonds. SECTION 3. Further, it is recognized by the City that the instruments which authorize the issuance of bonds, notes or obligations by the Colorado Health Facilities Authority will specifically state that the City is not obligated to pay the principal of or interest on the bonds, notes or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City that it will pay or provide for the payment of any obligations of the said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a City may incur no indebtedness without having made provisions for its payment, and the City Council of the City hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 4. This Resolution shall become effective immediately, upon its passage. PASSED AND APPROVED this the day of ., 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EUL1NE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 18, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Jim Coulter 349-7194 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Reinforced Concrete Pipe, Concrete Box Culverts and Corrugated Metal Pipe; providing for the expenditure of funds therefore; and providing an effective date (Bid 3149 - Annual Contract for Reinforced Concrete Pipe, Concrete Box Culverts, and Corrugated Metal Pipe awarded to the Hanson Pipe and Products, inc. in the estimated amount of $350,000). BID INFORMATION This bid is for items that are stocked in the Warehouse for ease of accessibility and will be used by the Street Department and Water and Sewer Departments for their daily operations in repair and maintenance of their systems. RECOMMENDATION We recommend that this bid be awarded to the lowest responsible bidder, Hanson Pipe and Products, inc. in the estimated amount of $350,000. No bids were received for items 67-74 of Bid 3149. These items will be rebid at a later date. PRINCIPAL PLACE OF BUSINESS Hanson Pipe and Products, Inc. Grand Prairie, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract, which will begin upon approval and run through May 18, 2005 with the option to renew for an additional year, contingent upon pricing 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. Agenda Information Sheet May 18, 2004 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3149 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 Date 4/15/04 BID ¢/: 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS, & CORRUGATED METAL PIPE Rinker Materials Hanson Pipe & Prod., Inc. PrinciPle Place of Business: Roanoke, TX Grand Prairie, TX I. REINFORCED CONCRETE PIPE iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiii ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A. Class 2 RCP 1 15" RCP 1-500 LF No Bid $13.05 2 18" RCP 1-500 LF No Bid $14.63 3 21" RCP 1-500 LF No Bid $18.23 4 24" RCP 1-500 LF No Bid $21.83 5 30" RCP 1-500 LF No Bid $30.83 6 36" RCP 1-500 LF $46.75 $42.08 7 42" RCP 1-500 LF $66.00 $59.40 8 48" RCP 1-500 LF $81.25 $73.13 9 54" RCP 1-500 LF $108.25 $97.43 10 60" RCP 1-500 LF $128.50 $115.65 B. Class 3 RCP 11 15" RCP 1-500 LF $14.50 $13.05 12 18" RCP 1-500 LF $16.25 $14.63 13 21" RCP 1-500 LF $20.25 $18.23 14 24" RCP 1-500 LF $24.25 $21.83 15 30" RCP 1-500 LF $34.25 $30.83 16 36" RCP 1-500 LF $49.00 $44.10 17 42" RCP 1-500 LF $69.75 $62.78 18 48" RCP 1-500 LF $85.00 $76.50 19 54" RCP 1-500 LF $113.75 $102.38 20 60" RCP 1-500 LF $134.75 $121.28 PAGE 1 OF 4 Attachment 1 Date 4/15/04 BID # 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS, & CORRUGATED METAL PIPE C. Class 4 RCP 21 15" RCP 1-500 LF $15.25 $11.48 22 18" RCP 1-500 LF $18.00 $16.20 23 21" RCP 1-500 LF $23.50 $21.15 24 24" RCP 1-500 LF $30.25 $27.23 25 30" RCP 1-500 LF $41.25 $37.13 26 36" RCP 1-500 LF $57.75 $51.98 27 42" RCP 1-500 LF $83.50 $75.15 28 48" RCP 1-500 LF $123.25 $110.93 29 54" RCP 1-500 LF $170.00 $153.00 30 60" RCP 1-500 LF $194.25 $174.83 II. PRECAST REINFORCED CONCRETE BOX CULVERTS A. Box Culverts with 2' Cover or More: 31 5' X 4' BOX CULVERT 1-500 LF $133.00 $119.70 32 5'X 6' BOX CULVERT 1-500 LF $187.25 $168.53 33 5'X 8' BOX CULVERT 1-500 LF $245.75 $221.18 34 6'X 4' BOX CULVERT 1-500 LF $173.00 $155.70 35 6'X 6' BOX CULVERT 1-500 LF $202.25 $182.03 36 6'X 8' BOX CULVERT 1-500 LF $269.00 $242.10 37 7'X 3' BOX CULVERT 1-500 LF $194.75 $175.28 38 7'X 5' BOX CULVERT 1-500 LF $227.75 $204.98 39 7'X 7' BOX CULVERT 1-500 LF $260.00 $234.00 40 8'X 4' BOX CULVERT 1-500 LF $232.50 $209.25 41 8'X 6' BOX CULVERT 1-500 LF $269.00 $242.10 PAGE 2 OF 4 Attachment 1 Date 4/15/04 BID ¢/: 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS, & CORRUGATED METAL PIPE 42 8'X 8' BOX CULVERT 1-500 LF $292.75 $263.48 43 9'X 5' BOX CULVERT 1-500 LF $297.75 $267.98 44 9'X 7' BOX CULVERT 1-500 LF $334.25 $301.28 45 9'X 9' BOX CULVERT 1-500 LF $370.75 $333.68 46 10'X 4' BOX CULVERT 1-500 LF No Bid $295.88 47 10' X 5' BOX CULVERT 1-500 LF $356.25 $320.63 48 10'X 7' BOX CULVERT 1-500 LF $396.75 $357.08 B. Box Culverts w/Direct Traffic Design: 49 5'X 4' BOX CULVERT 1-500 LF $133.00 $119.70 50 5'X 6' BOX CULVERT 1-500 LF $187.25 $168.53 51 5' X 8' BOX CULVERT 1-500 LF $245.75 $221.18 52 6'X 4' BOX CULVERT 1-500 LF $173.00 $155.70 53 6'X 6' BOX CULVERT 1-500 LF $202.25 $182.03 54 6'X 8' BOX CULVERT 1-500 LF $269.00 $242.10 55 7'X 3' BOX CULVERT 1-500 LF $194.75 $175.28 56 7'X 5' BOX CULVERT 1-500 LF $227.75 $204.98 57 7'X 7' BOX CULVERT 1-500 LF $260.00 $234.00 58 8'X 4' BOX CULVERT 1-500 LF $232.50 $209.25 59 8'X 6' BOX CULVERT 1-500 LF $269.00 $242.10 60 8'X 8' BOX CULVERT 1-500 LF $292.75 $263.48 61 9'X 5' BOX CULVERT 1-500 LF $297.75 $267.98 62 9'X 7' BOX CULVERT 1-500 LF $334.25 $301.28 63 9'X 9' BOX CULVERT 1-500 LF $370.75 $333.68 64 10'X 4' BOX CULVERT 1-500 LF No Bid $295.88 65 10'X 5' BOX CULVERT 1-500 LF $356.25 $320.63 PAGE 3 OF 4 Attachment 1 Date 4/15/04 BID ¢/: 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS, & CORRUGATED METAL PIPE 66 10'X 7' BOX CULVERT 1-500 LF $396.75 $357.08 IlL CLASSIFICATION TYPE IR ALUMINIZED TYPE 2 STEEL CORREGATED METAL PIPE 67 15" CMP 1-1000 LF No Bid No Bid 68 18" CMP 1-1000 LF No Bid No Bid 69 21" CMP 1-1000 LF No Bid No Bid 70 24" CMP 1-1000 LF No Bid No Bid 71 30" CMP 1-1000 LF No Bid No Bid 72 36" CMP 1-1000 LF No Bid No Bid 73 42" CMP 1-1000 LF No Bid No Bid 74 48" CMP 1-1000 LF No Bid No Bid SHIPMENT PAGE 4 OF 4 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF REINFORCED CONCRETE PIPE, CONCRETE BOX CULVERTS AND CORRUGATED METAL PIPE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS, AND CORRUGATED METAL PIPE AWARDED TO THE HANSON PIPE AND PRODUCTS, INC. IN THE ESTIMATED AMOUNT OF $350,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, 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, equipmem, 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, equipmem, 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, equipmem, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agem, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3149 1-66 Hanson Pipe and Products, Inc. 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, quamities and for the specified sums comained 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 represemative is hereby authorized to execute the written contract and to extend the contract as determined to be advamageous to the City of DeNon which shall be on file in the office of the Purchasing Agem; 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3149 Exhibit A Date 4/15/04 BID Cf 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS & CORRUGATED METAL PIPE Hanson Pipe & Prod., Inc. pri.Ciple place of Business: Grand Prairie, TX I. REINFORCED CONCRETE PIPE A. Class 2 RCP 1 15" RCP 1-500 LF $13.05 2 18" RCP 1-500 LF $14.63 3 21" RCP 1-500 LF $18.23 4 24" RCP 1-500 LF $21.83 5 30" RCP 1-500 LF $30.83 6 36" RCP 1-500 LF $42.08 7 42" RCP 1-500 LF $59.40 8 48" RCP 1-500 LF $73.13 9 54" RCP 1-500 LF $97.43 10 60" RCP 1-500 LF $115.65 B. Class 3 RCP 11 15" RCP 1-500 LF $13.05 12 18" RCP 1-500 LF $14.63 13 21" RCP 1-500 LF $18.23 14 24" RCP 1-500 LF $21.83 15 30" RCP 1-500 LF $30.83 16 36" RCP 1-500 LF $44.10 17 42" RCP 1-500 LF $62.78 18 48" RCP 1-500 LF $76.50 19 54" RCP 1-500 LF $102.38 20 60" RCP 1-500 LF $121.28 PAGE 1 OF 4 Exhibit A Date 4/15/04 BID ¢/: 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS & CORRUGATED METAL PIPE iiiiiiiiiiiiiiiii iiiiiiiiiiiiiii :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: C. Class 4 RCP 21 15" RCP 1-500 LF $11.48 22 18" RCP 1-500 LF $16.20 23 21" RCP 1-500 LF $21.15 24 24" RCP 1-500 LF $27.23 25 30" RCP 1-500 LF $37.13 26 36" RCP 1-500 LF $51.98 27 42" RCP 1-500 LF $75.15 28 48" RCP 1-500 LF $110.93 29 54" RCP 1-500 LF $153.00 30 60" RCP 1-500 LF $174.83 II. PRECAST REINFORCED CONCRETE BOX CULVERTS A. Box Culverts with 2' Cover or More: 31 5' X 4' BOX CULVERT 1-500 LF $119.70 32 5'X 6' BOX CULVERT 1-500 LF $168.53 33 5'X 8' BOX CULVERT 1-500 LF $221.18 34 6'X 4' BOX CULVERT 1-500 LF $155.70 35 6'X 6' BOX CULVERT 1-500 LF $182.03 36 6'X 8' BOX CULVERT 1-500 LF $242.10 37 7'X 3' BOX CULVERT 1-500 LF $175.28 38 7'X 5' BOX CULVERT 1-500 LF $204.98 39 7'X 7' BOX CULVERT 1-500 LF $234.00 40 8'X 4' BOX CULVERT 1-500 LF $209.25 41 8'X 6' BOX CULVERT 1-500 LF $242.10 PAGE 2 OF 4 Exhibit A Date 4/15/04 BID ¢/: 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS & CORRUGATED METAL PIPE 42 8'X 8' BOX CULVERT 1-500 LF $263.48 43 9'X 5' BOX CULVERT 1-500 LF $267.98 44 9'X 7' BOX CULVERT 1-500 LF $301.28 45 9'X 9' BOX CULVERT 1-500 LF $333.68 46 10'X 4' BOX CULVERT 1-500 LF $295.88 47 10' X 5' BOX CULVERT 1-500 LF $320.63 48 10'X 7' BOX CULVERT 1-500 LF $357.08 B. Box Culverts w/Direct Traffic Design: 49 5' X 4' BOX CULVERT 1-500 LF $119.70 50 5'X 6' BOX CULVERT 1-500 LF $168.53 51 5'X 8' BOX CULVERT 1-500 LF $221.18 52 6'X 4' BOX CULVERT 1-500 LF $155.70 53 6'X 6' BOX CULVERT 1-500 LF $182.03 54 6'X 8' BOX CULVERT 1-500 LF $242.10 55 7'X 3' BOX CULVERT 1-500 LF $175.28 56 7'X 5' BOX CULVERT 1-500 LF $204.98 57 7'X 7' BOX CULVERT 1-500 LF $234.00 58 8'X 4' BOX CULVERT 1-500 LF $209.25 59 8'X 6' BOX CULVERT 1-500 LF $242.10 60 8'X 8' BOX CULVERT 1-500 LF $263.48 61 9'X 5' BOX CULVERT 1-500 LF $267.98 62 9'X 7' BOX CULVERT 1-500 LF $301.28 63 9'X 9' BOX CULVERT 1-500 LF $333.68 64 10'X 4' BOX CULVERT 1-500 LF $295.88 65 10'X 5' BOX CULVERT 1-500 LF $320.63 PAGE 3 OF 4 Exhibit A Date 4/15/04 BID ¢/: 3149 - ANNUAL CONTRACT FOR RCP PIPE, CONCRETE BOX CULVERTS & CORRUGATED METAL PIPE 66 10'X 7' BOX CULVERT 1-500 LF $357.08 SHIPMENT PAGE 4 OF 4 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 18, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT Consider adoption of an Ordinance authorizing the City Manager to accept an Imerlocal Agreemem with the City of Hickory Creek, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefore; and declaring an effective date (File 3169 - Imerlocal Agreemem with the City of Hickory Creek, Texas). INTERLOCALAGREEMENT INFORMATION The Interlocal Cooperative Act, V.T.C.A. Government Code Chapter 791, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of DeNon and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through amicipated savings. The attached agreemem is an authorization of the City of Hickory Creek to participate in contracts awarded by the City of Denton and will remain in effect until terminated by either party. This Interlocal Agreement will allow the City of Hickory Creek to utilize contracts for supplies and services competitively bid by the City of DeNon, Texas. ESTIMATED SCHEDULE OF PROJECT This agreement is effective upon approval by the City of Denton, Texas and will remain in effect umil terminated by either party. RECOMMENDATION We recommend this Imerlocal Agreemem be approved. FISCAL INFORMATION Each acquisition, based on this agreemem, will be funded by the City of Hickory Creek and will have no impact on the City of DeNon. Agenda Information Sheet May 18, 2004 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment - Interlocal Agreement 1 -AlS-File 3169 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH THE CITY OF HICKORY CREEK, TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE (FILE 3169- INTERLOCAL AGREEMENT WITH THE CITY OF HICKORY CREEK, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute the attached Interlocal Agreement, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2-ORD-Interlocal Agreement With City of Hickory Creek INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF HICKORY CREEK AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the day of ,2004, between the City of Hickory Creek, Texas and City of Denton, Texas; each referred to herein as participating governments. WHEREAS, the respective participating governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental fimctions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purpose of the Interlocal Cooperation Act; WHEREAS, the participating governments cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: Purpose The purpose of this Agreement is to authorize participation of the City of Hickory Creek, Texas in various City of Denton, Texas contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the City of Hickory Creek through anticipated savings to be realized. ii. Duration of Agreement This Agreement shall be in effect fi:om the date of execution until terminated by either party to the agreement. III. Relationship of Parties It is agreed that the City of Hickory Creek, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the City of Hickory Creek, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of the City of Denton and shall not be entitled to participate in any pension plans or other benefits that the City of Denton provides its employees. City of Denton shall notify ail participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses. City of Denton shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. Jeffrey McSpedden, Public Works Director, is hereby designated as the official representative to act for the City of Hickory Creek in all matters relating to this agreement. IV. Purchase of Goods and Services All products and services shall be procured by City of Denton in accordance with procedures governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by City of Denton where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments. The participating governments hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each participating government directly, or as deemed advantageous to both participating govermments. INTEI~OCAL COOPERATIVE PURCHASING AGREEMENT Purchase of Goods and Services (Continued) The participating $overo~ents a~ree to pay successful bidders directly for all products or services received from current revenues available for such purchase. Each participating government shall be liable to fiae successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. C/fy Of Denton ~ Texas does not warrant and is not responsible for thc quality or delivery o£ products or services from successful bidder. Thc participating govemmvnt shall receive all warran~es provided by successful bidder for the products or services purchased. In the event that any. dispute arises between individual participating government and a successful bidder, the same shall be handled by and between the participating government body and the bidder. IN WI'I2qEss WHEREOF, the parties hereto have caused this agree~ne~t to be executed by their authorized officers thereon the day and the year first above written. CITY OF HIgZORY cP~m~ , TEXAS CITY OF By. Michaol D. Conduff City Manager AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 18, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Janet Simpson 349-8274 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the purchase of a Four-Cubic-Yard Top Dresser Material Handler for the City of DeNon Parks departmem; providing for the expenditure of funds therefore; and providing an effective date (Bid 3160-Four-Cubic-Yard Top Dresser Material Handler awarded to Austin Turf and Tractor in the amoum of $31,010.86). BID INFORMATION This bid is for a Four-Cubic-Yard Top Dresser Material Handler to be used by the Parks Department in the maintenance of the City's athletic fields and parks. The Parks Department will buy compost from the City's landfill and spread the compost to fertilize the turf. This is a less expensive and more environmentally friendly alternative to using fertilizer since the compost is organic. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder, Austin Turf and Tractor, in the amoum of $31,010.86. The lower priced bid submitted by Professional Turf Products, LP did not meet bid specifications for the box scraper, front loader, tractor mounted controls, and hopper vibrator. PRINCIPAL PLACE OF BUSINESS Austin Turf and Tractor Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the Top Dresser can be 45-60 days after receipt of the order. FISCAL INFORMATION This project will be funded from accoum number 402130.8535. Agenda Information Sheet May 18, 2004 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 3160 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Bid # 3160 Attachment 1 Date: 4/13/04 4 Cubic Yard Top Dresser IVlaterial Handler Products, LP Austin Turf & Tractor Alt. 1 Principle Place of Business: DFW Airport, TX Dallas, TX Dallas, TX Ma ke Tycrop Dakota Dakota Delivery after receipt of 3-5 Days 45-60 Days 45-60 Days order days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A FOUR-CUBIC-YARD TOP DRESSER MATERIAL HANDLER FOR THE CITY OF DENTON PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3160-FOUR-CUBiC- YARD TOP DRESSER MATERIAL HANDLER AWARDED TO AUSTIN TURF AND TRACTOR 1N THE AMOUNT OF $31,010.86). 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 3160 Austin Turf and Tractor $31,010.86 The bid submitted by Professional Turf Products, LP is hereby rejected because it does not meet specifications. 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 on file in the office of the Purchasing Agent; 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: May 18, 2004 DEPARTMENT: ACM: Police Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Corimh for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreemem; and providing for an effective date. BACKGROUND: The City has maimained an agreemem with Corimh for the housing and disposal of dogs and cats for approximately ten years. The animals delivered by Corimh have not resulted in overcrowding at the Animal Comrol facility. The agreement states that the City of Denton will provide the following services to Corimh for the impoundmem and disposition of animals delivered to the City of DeNon from Corimh: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quaramine for ten (10) days. (3) The City of DeNon will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health. For the services, Corinth agrees to pay fees set forth in the agreement as follows: (1) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held for reclamation by the owner. (2) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held in quarantine as a rabies suspect. (3) Thirty dollars ($30.00) for each animal euthanized. (4) Seventy ($70.00) for each decapitation and head shipment. After consultation with City legal staff, the traditional agreement has been modified. The agreement period for this and all other interlocal agreements for housing and disposal of dogs and cats shall now coincide with the calendar year with an effective date of January 1st and shall self-renew each year until one or both parties choose to terminate the agreement. Termination of the agreement requires ninety days notice. We believe that adjusting the agreement period and providing for the automatic renewal of the agreement provides a much more efficient process than requiring staff to prepare the same agreement and the governing bodies to approve the same agreement every year when there are rarely changes to the agreement. Should either party determine a need to alter the terms of the agreement, through modification of the services provided or the fees charged for those services, those revisions could be easily accomplished through the current process. OPTIONS 1. The City can choose not to renew the interlocal agreement with Corinth. 2. The City can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approval of the ordinance and renewal of the interlocal agreement with Corinth. 1. The interlocal agreement provides a valuable service to the citizens of Corinth. 2. The housing and disposal of dogs and cats has not, and is not projected, to create a hardship Animal Control operation. 3. The interlocal agreement is a source of revenue for the City. PRIOR ACTION/REVIEW: The attached interlocal agreement and ordinance has been reviewed for legal form and content by the City of Denton Legal Department. The agreement was approved by the Corinth City Council on April 14, 2004. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. Based on prior years, it is estimated that this agreement will generate approximately $1,500 in revenue. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau Page 3 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT WHEREAS, the City of Denton, Texas ("DENTON-") and the City of Corinth, Tex~s ("CORINWI't") are both tee'al governmemts with. the authority and power to contract; and WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of DENTON; and WHEREAS, DENTON is the owner of certain facilities and equipment designed for the holding and disposition o£ dogs and cat~ and has in its employ lrained personnel whose duties are related to the use of such facilities m~d equipmenl; and WHEREAS, CORINTH de, ires to obtain impoundment and disposition services for dogs and eats rendered by DENTON, as more fully hereafter described, for the benefit of the citizens of CORINTH; and wI.rR. REAS, CORINTH and DENTON mutually desire to be subject to the provisions of T~as Govem_ment Code, Chapter 791, the Interiocal Cooperation Act and contract pursuant thereto; and WttER_EAS, both DENTON and CORINTH have the authority to perform the servioe~ s~t forth in this Agreement individually in accordance with Texas Government Code §791.0I. 1(¢); and WHEREAS, CORL-NTI¢ will make all payments for services out of available current revenues and DENTON agrees that ti~ payments made by COPdNTH hereunder wiI1 fairly compensate it for the services provided; NOW, THEREFORE, CORIlqTH and DENTON, for the mutual consideration hereinafter stated, agree as follows: A. COVENANTS OF THE CITY OF DENTON Holdin~ of Dogs..anc!___C.'at_s. DENTON agrce~ to aeccpl and hold dogs and cats lawfully impounded by authorized representatives of CORINTH under the following terms and conditionu: Holding Period for Dog! and Cats. DENTON agrees to hold such dogs and ca'ca tbr a period oC ninety-six (96) hours dom ~he lime they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount at'time to reclaim the impounded animal. If the animal is not ..~lqlMAL CONTROL J01T.EII. LOCAL re¢laim¢~ within the ninety-six (96) hour period, the ownership of thc animal shall r~vert to the Animal Control Center. Animals wilt be humanely destroyed or placed for adoption at the discretion of thc Animal Control sta~ Holdin~ Fees £or hxt~ounded Do~ and Cats. For the purpose of this Agreement, DENTON will charge Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.(~0) for each subsequent day holding fee that an anknal is hel~. at the Animal Control Center. In determining the meaning of the term "animal" ~ uso herein, it is agreed that a pregnant an/mai which has its litler while being held, or an an]mM which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for m this Agreement. This fee will be assessed aga/nst the owner of the animal at the time the animal is reclaimed. No animal will be released until ail applicable fees are paid in full. Holding of Quarantine Animals. DENTON agrees to accept and hold rabid suspects in quarantine for CORINTH when conditions permit, and such action is authorized by a representative of CORINTH. Holdin~ Fe~s for Ouaranfined Animals. The holcking fee for quarantined animals shall be Fifteen Dollars ($15.00) for the tirst day or part cfa day and Five Dollars ($5.00) for each subsequent day that the animal is held. Head Shipments and Rabies Testing. Upon request of CORINTH, DENTON will provide for the removal and shipment of heads of rabid suspects for ehnical rabie~ testing at thc Texas Department of Health. The fee for this service shal! be Sevsnty Dollam (S70.00) for each head shipped. B. COVENANTS OF THE CITY OF CORINTH Financial Responsibilities. tn order to reimburse DENTON for its costs incurred under this Agreement, CORINTH agrees to pay for the tmld/.ng fees and euthanasia fees on dogs and eats received from CORINTH or its authorized agent if the animal(s) is not re, claimed by the owner. Ihese fees will be assessed on the following basts: Euthaa/zed Animal: Fifteen Doltars ($15.00) £or thc first day or part c~fa day and Five Dollars ($5.00) for each subsequent day holding tee for each animal as determined here[n, plus Thirty Dollars (S30.00) euthanasia fee. Adopted Animal: Fifteen Dollars ($t5.00) for the f~rst day or part of a day and Five Dollars ($5.00) for each subsequent day hold/nd fee for each animal as determined herein, c, Head Shipments: Seventy Dollars ($70.00) shipping fee. .~n~t~L C~nOL ~EP. LOCAL O00PE~stTlO/q ~MJ~m~qt - cn~a,-r~ d. Carcass disposal: Five dollars ($5.00). 2. DENTON wilt collect impound fees duly authorized by CORINTH and as specified in ti-tis paragraph from the owners of dog5 and cats received from CORINTH. Impound fee monies will bc applied to fees {>wed DENTON by CORINTIq for animals not reclaimed By lhe owner: LMPOUND FEE Impoundment - $20.00 Impoundment - $30.00 Impoundment- $45.00 Impoundment - $70.00 3. CORINTH agrees payment shall he made with/n forty-~lve (45) days of receipt of invoice by CORIlX,~TH. DENTON agrees to and accepts fail responsibility for the ams, negligence, ancl/or omissions of ail DENTON's employees and agents, DENTON's subcontra¢tors und/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement with CORINTH. CORINTH agrees to and accepts full responsibility £or the acts, negligence, and/or omissions of all CORiNTH's employeen and agents, CORINTH's subcontraetom and/or contract laborers doing work under a contract or agreement with CORINTH in perfoimance of thSs Agreement with DENTON. It is further agreed that if claim or liabiI/ty shall arise from tho joint or concurring negligence of both paztie~ hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed a~ a waiver by eith~ pafly of any defenses available to it under the laws of the State of Text. It is under~tood that it is not the intention of the parties hereto to ere, ate 1/ability for the benefit of ~hird parties, but thai this Agreement shall be for thc benefit et'the parties hereto. The fact that CORINTH and DENTON accept certain responsibilities relazing to the collection and impounding of dogs and eats under this Agreement as part of their responsibility for providing protection for the public healtl~ and welfare and, therefore, makes it imperative that tko p~rformance of these vital services be recognized as a geverrtmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither DENTON nor CORINTH w~ives or shall be deemed hereby to waive any immunity or delouse that would otherwise be available to ~t against the claims ar}sing from the exercise of governmental functions. The t~t~q of ~his Agreement shall be in one-year increme~nt$, beginning on January 1, 2004 ~md continuing to December 31 of the £ollowing year and thereafter from year ~o year until terminated in ac~or&nce w~th this agreementL Either party may terminate this Agree, mcat at any time without cause by giving 90 days advance notice in writing to the other, specifying the date ofterminalion. If either party breaches a provision of this Agreement, the other party shall g/ye the default~g party written notice of~e default. Should the defaulting party fail to correct the default within thirty days of the date not£ee of default is swnt, the other par~y may declare the Agreement terminated. This Agreement represents the entire and integrated agreement bem, een DENTON and CORINTH and .qupe~sedes alt prior negotiations, representations, ~Lad/or agreements, either written or oral, Th~s Agreement may be amended only by written instrument signed by both DENTON and CORINTH. This Agreement and any of/ts terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Toxa~. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties bm'eta that the remaining portions shall remain valid and in full force and effect to the extent possibl~. The undersigned officer anc~or agents eft he parties hereto are the properly authorized officiala and have the necessary authohty to execute this Agreement on behalf of the parties hereto, and each party hereby eot'titles to the other that any necessary reselutions extending said authority have been du]ypassed and are now in fall force and efl~et. AlqlMAL CONTIi~L IN~'£RLOCAL COOPERATION AG-~E '~4:ENT -- 20~. EXECUTED A'I-TEST: JENN1FER WAI.TERS, CITY SECRETARY BY: EUL1NE BROCK, MAYOR BY: APPROVED AS TO LEGAL. FORM: HERBERT L. PROLITY, CITY ATTORNEY ATTEST: CITY SECRETARY APPI'tOVED A~-T.~ LEGAL FORM: CITY ATTORNEY CITY OF CORINTH, TEXAS BY: AN IMAL CONTROL lb: r AGENDA INFORMATION SHEET AGENDA DATE: May 18, 2004 DEPARTMENT: ACM: Police Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Roanoke for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreemem; and providing for an effective date. BACKGROUND: The City has maimained an agreemem with Roanoke for the housing and disposal of dogs and cats for approximately twelve years. The animals delivered by Roanoke have not resulted in overcrowding at the Animal Comrol facility. The agreement states that the City of Denton will provide the following services to Roanoke for the impoundmem and disposition of animals delivered to the City of DeNon from Roanoke: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quaramine for ten (10) days. (3) The City of DeNon will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health. For the services, Roanoke agrees to pay fees set forth in the agreement as follows: (1) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held for reclamation by the owner. (2) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held in quarantine as a rabies suspect. (3) Thirty dollars ($30.00) for each animal euthanized. (4) Seventy ($70.00) for each decapitation and head shipment. After consultation with City legal staff, the traditional agreement has been modified. The agreement period for this and all other interlocal agreements for housing and disposal of dogs and cats shall now coincide with the calendar year with an effective date of January 1st and shall self-renew each year until one or both parties choose to terminate the agreement. Termination of the agreement requires ninety days notice. We believe that adjusting the agreement period and providing for the automatic renewal of the agreement provides a much more efficient process than requiring staff to prepare the same agreement and the governing bodies to approve the same agreement every year when there are rarely changes to the agreement. Should either party determine a need to alter the terms of the agreement, through modification of the services provided or the fees charged for those services, those revisions could be easily accomplished through the current process. OPTIONS 1. The City can choose not to renew the interlocal agreement with Roanoke. 2. The City can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approval of the ordinance and renewal of the interlocal agreement with Roanoke. 1. The interlocal agreement provides a valuable service to the citizens of Roanoke 2. The housing and disposal of dogs and cats has not, and is not projected, to create a hardship Animal Control operation. 3. The interlocal agreement is a source of revenue for the City. PRIOR ACTION/REVIEW: The attached interlocal agreement and ordinance has been reviewed for legal form and content by the City of Denton Legal Department. The agreement has been approved by the Roanoke City Council. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. Based on prior years, it is estimated that this agreement will generate approximately $2,000 in revenue. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau Page 3 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor ProTem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and City of Roanoke for the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is attached hereto and incorporated by reference herein. SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE O~' TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT WHEREAS, the City cf Denton, Texas ("DENTON") and the City of Roanoke, Texas ("ROANOKE") are both local governments with the authority and power to contract; and WHEREAS, DENTON is engaged in the -~ervices of' holding and disposing of dogs and eats for the Benefit of the ckizens of DENTON; and WHEREAS, DENTON is the owner of certain facilifes and equipment designed for the holding and disposition of dogs mad cats and has in ils employ trained personnel whose duties are related to the uae of such facilities and equipment; and WHEREAS, ROANOKE desires to obtain impoundment and disposition ,etwiee~ for dogs and cats rendered by DENTON, as more fully herealfer deaeribed, for the benefit of the citizens of ROA~NOKE~ and Vv~t~3~AS, ROANOKE and DENTON mutually desire to be subject to the provisions of Texas Goverm-nent Code, Ct~apter 791, the Inteflocal Cooperation Act and contract pursuant thereto; and WHEREAS, both DENTON and ROANOKE have the authority to perform the services set forth in this Agreement ind~¼dually in aceorclance with Texas Government Code §791.0t1(e): and WHEREAS, ROANOKE will make all payments for services out of available cun'ent revenues and DENTON agrees that the payments made by ROANOKE hereunder will fairly eompensa'ce it for the services provided; NOW, THEREFORE, ROANOKE and DENTON, for the mutual consideration hereinafter stated, agree as follow~; A, COVENANTS OF THE CITY OF DENTON Holding of Dog~s and Cat& DENTON agrees to acc~pl and hold dogs and cat~ lawfully impounded by author/zed representatives o£ ROANOKE under the following terms and conditions: Holdin~ Period for Doqs and Catg~ DENTON agrees to hold such dogs and cats for a per/od of ninety-six (96) hours from the time they axe accepted by the Ardmal Control Center in order to allow the owners of the impotmded animal a reasonable amount o/'time to reclaim the impounded animal, lfthe animal is not ,~q]/vlAL CO, NTRQ'L DTT'~RI,':~L-'AL CO01~Ii~_*.T[/'~ A/311r E~Eh'T- reclaimed within the ninely-six (96) hour period, the ownership of the animal shall revert to the An;mai Control Center. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff. Holding Fees for Impounded Dogs and Cats. For the purpose of this Agreement, DENTON will charge Fi~veen Dollars ($15.00) for the first day or part of a day and Five Dollars {$5.00) for each subsequent day holding fee that an animal is held at the Animal Control Center. In determining the meaning of the term "animal" as used herein, it is agreed that a pregnant animal wi,Ach has its htter while being held, or an animal which is naming its litter and is being kept in ~cl~e same cage, will be con,idered one animal for the assessment of eh~ges prodded for in this Agreement. This fee wilt be a~sessed agaLnst the owner of the animal at the time the animal is reclaimed. No animal will be released until ali applicabte fees are paid i_n fall. Holding of Quarantine Animals. DENTON agrees to accept and hold rabid suspects kn quarantine for ROANOKE when conditions perm/t, and such action is authorized by a representative of ROAlqOI~E. Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Fifteen Dollars ($[5.00) for the first day or part ora day and Five Dollars ($5.00) for each subsequent day that the animal is held. Head Shipments and Rabies Testing~ Upon request of ROANOKE, DENTON will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at thc Texas Department of Health. Thc fee for this service shall be Seventy Dollars ($70.00) for each head shipped. COVENANTS OF THE CITY OF ROANOKE Financial Responsibilities~ In order to reimburse D~qq-ON for its costs incurred under this Agreemenl, ROANOKE agrees to pay for the holding fees e.nd euthanasia fees on dogs and cat, received from ROANOKE or its authorized agent if the anim~(s) is not rc~ldmed by tho owner. These fees will be assessed on thc following basis: Euthanized Anita,: FLfteen Dollars ($15.00) for thc first day or part ora day and Five Dollars ($5.00) for each subscquem day holding fee for each animal as determined herein, plus Thirty Dollars ($30.00) euthanasia fee. Adopted A~imal: Fifteen Dollars ($15.00) for the first day ar part of a day and. Five Dollars ($5.00) for each subsequent day holding fee for each animal as determined herein. e. Head Shipments: Seventy Dollars ($70.00) shipping fee. ANIMAL'DI~--",CFROL lh"r~gr~CAr. ~PEJ~ATC~IN A~I~E~_~L~'I.i'T -- R~IA]qOKE d. Carcass Disposal: Five Dollars ($5.00). 2. DENTON will cc~tleot impound foes duly authorized by KOANOKE and as specified in this paragraph from the owner~ of dogs and cars received from ROANOKE. Impound fee monies will be apphed to fees owed DENTON by ROANOKE for animals riel xeclaimod by thc owner: I/v~OUND FEE Impoundment- $20.00 Lmpeundment - $30.00 Impoundment- $45.0G Impoundment - $70.00 ROANOKE agrees payment shall be made within forty-£~.v~ (45) days of receipt of invoice by ROANOI<.E. DENTON agrees to and accepts full responsibility for thc acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON'$ subcontractors and/or contract laborers doing work under a contract or agreement with DElqTON in performance of this Agreement wi~ ROANOKE. ROANOKE agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all ROANOKE's employees and agents, ROANOKE's subcontractors anddor contract laborers doing work under a c<mtram or agreement with ROANOKE in performance of this Agreement with DENTON. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both pa~ties hereto, it shall bo borne by them comparatively in accordance w~th the laws of the State o£ Texas. This paragraph shall not be construed as a waiver by either party of any defenses avai]sble to it under the laws of the State of Texas. It is understood that it is not the imention of the parties hereto to create 1/ability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. The fact that ROANOKE and DENTON accept certain responsibilities relating to the collection and impounding of do~s and cats under this Agreement as part of their responsibility for providing protection far the public health ar~ct welfare and, therefore, makes it irrrperative that the perf'ormance of these vital sertices be recognized as a governmental immunity shall bo, and is hereby invoked to the full extent possible under th~ law. Neither DENTON nor ROANOKE waives or ~hall b~ d~emed hereby to waive any Lmmuniry or defense that would otherwise be available to it against the cia/ma arising from the exercise of governmental functio~. The term of this Agreement shall be in one-year increments, beg/nning on January 1, 2004 and continuing to December 31 of the following year and thereafter fi-om year to year until terminated in accordance witk this agreement. Either party may terminam this Agreement at any time without cause by giving 90 day~ advance notice in whting to the other, Sl:>eei£y~ng thc date of termination, if either party breaches a provision o f th.is Agreement, the other party sh all give the defaulting p arty written notice of the defaultL Should the defaulting party fail to correct the default within thirty days of thc date notice of de£ault is sent, th: other party may declare the Agreement terminated. This Agreement represents the entire and integrated agreement betweea~ DENTON and ROANOKE and supersedes all prior negotiations, representations, and/or agreements, e4ther written or oral. This Agreement may be amended only by written instrument signed by both DENTON and ROANOKE. This Agreement and any of its terms or provisions, as well ~s the right~ a~d duties of the parties hereto, shall 'oe governed by the laws of the State of Texas. In the evmat that any portion of this Agreement shall be found, ttJ be contrary to law, it is the intent o1' the parties hereto that the remain/.ng portions shall remain valid and in full rome and effect to the extent possible. The undersigned officer and/or agents of the parties hereto are thc properly authorized officials and have the ~mcessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the o~er that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. A~xI[MALCO~qlROL [lqTEIkLOCAL ~C~?EIL~IIOIq AGRfi.EME~qT- 200__. EXECUTED in duplicate originals this thc day of CITY OF DENTON, TEXAS ATTEST: JEN2N[FER WALTERS, CITY SECRETARY BY: EULINE BROCK, MAYOR BY: APPROVED AS rO LEGAL FORM: HER BERT L. PROUTY, CITY ATTORNEY CITY OF ROANOKE, TEXAS P..M..;Id 5 0.* 5 AGENDA INFORMATION SHEET AGENDA DATE: May 18, 2004 DEPARTMENT: ACM: Police Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Ponder for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreemem; and providing for an effective date. BACKGROUND: The City has maimained an agreemem with Ponder for the housing and disposal of dogs and cats for approximately four years. The animals delivered by Ponder have not resulted in overcrowding at the Animal Comrol facility. The agreement states that the City of Denton will provide the following services to Ponder for the impoundmem and disposition of animals delivered to the City of DeNon from Ponder: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quaramine for ten (10) days. (3) The City of DeNon will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health. For the services, Ponder agrees to pay fees set forth in the agreement as follows: (1) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held for reclamation by the owner. (2) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held in quarantine as a rabies suspect. (3) Thirty dollars ($30.00) for each animal euthanized. (4) Seventy ($70.00) for each decapitation and head shipment. After consultation with City legal staff, the traditional agreement has been modified. The agreement period for this and all other interlocal agreements for housing and disposal of dogs and cats shall now coincide with the calendar year with an effective date of January 1st and shall self-renew each year until one or both parties choose to terminate the agreement. Termination of the agreement requires ninety days notice. We believe that adjusting the agreement period and providing for the automatic renewal of the agreement provides a much more efficient process than requiring staff to prepare the same agreement and the governing bodies to approve the same agreement every year when there are rarely changes to the agreement. Should either party determine a need to alter the terms of the agreement, through modification of the services provided or the fees charged for those services, those revisions could be easily accomplished through the current process. OPTIONS 1. The City can choose not to renew the interlocal agreement with Ponder. 2. The City can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approval of the ordinance and renewal of the interlocal agreement with Ponder. 1. The interlocal agreement provides a valuable service to the citizens of Ponder. 2. The housing and disposal of dogs and cats has not, and is not projected, to create a hardship Animal Control operation. 3. The interlocal agreement is a source of revenue for the City. PRIOR ACTION/REVIEW: The attached interlocal agreement and ordinance has been reviewed for legal form and content by the City of Denton Legal Department. The agreement has been approved by the Ponder City Council on April 12, 2004. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. Based on prior years, it is estimated that this agreement will generate approximately $500 in revenue. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau Page 3 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor ProTem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and City of Ponder for the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is attached hereto and incorporated by reference herein. SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGI~EMENI' WHEREAS, the City of Denton, Texas ("DENTON') and the City of Ponder, Texas {"PONDER") are both local governments with the authority and power to contract; and W-HEREAS, DENTON is engaged in the services of holding and disposing of dogs and eats for the benefit of the citizens of DENTON; and WHEiT~EAS, DENTON is the owner of certain facilities and equipment designer[ for the holding and disposition of dogs and cats and has in its employ trained personnel who~e duties are related to the u~o of ouch facilities and equipment; and WHEREAS, PONDER desires to obtain impoundment and disposition ~erviees for dogs and cats rendered by DENTON, as more ~ully hereafter described, for the benefit of the citizens of PONDER; and WHEREAS, PONDER and DENTON mutually desire to be subject to the provisions of Texaz Government Code, Chapter 791, the Interlocal Cooperation Act and contract pumuant WHEREAS, both DENTON and PONDER have the authority to perform the servi~s set forth in this Agreement individually in accordance with Texas Government Code §791.0l t(c); and WHEREAS, PONDER will make all payments for service~ out of available current revcnces and DENTON agrees that the payments made by PONDER hereunder will fa/fly compensate it for the services ~o¥ided; NOW, THEREFORE, PONDER and DENTON, fi~r the mutual consideration hereinafter stated, agree as follows: A. COVENANTS OF THE CiTY OF DENTON Holding of Dogs and Cats. DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representative~ of PONDER under the following terms and conditions: Holding Period for Do_~ and Cats. DENTON agrees to hold ~uch dogs and cats for a period of ninety-six (96) hours from thc time they are accepted by the Animal Control Center in order to allow the owners of the impounded mimal a reasonable mount of time to reclaim the impounded anknal. If the animal is not reclaimed within the ninoty-six (96) hour period, the ownership o£ the animaI shall revert to the Animal Control Center. Animals will be humma¢ly destroye~ or pla¢~ for 'adoption at the discretion o~the Animal Control staff. Holding Fees for Impounded Dogs. and Cats. For ~he purpose of t~is AgmemenL DENTON will eha~ge FiReen Dollars ($15.00) for the first day or part cfa day and Five Dollars ($5.00) for each suT~sequomt day ko]ding fee thru an animal is held at the Animal Control Center. In determkfing the meaning of tho term "animal" ~ used heroin, it ia agreed that a pregnant animal which has its litter while being held, or an animal which is nurefing its litte~ and is beLng kopt in ~e S~Lrne cage, w~lt be considered one animal for the assessment of charges provided for in this Agreement. This fee will be ~sossed against the owner of the animal at the time the ammai ~s reclaimed. No mfimal will be released cmt~2 all ~pplieeble fees are paid in full. Holding of Ou~r~mtine Animals. DENTON agrees to accept and hold rabid suspects in quarantine for PONDER when eonditmns permit, and such a¢ffon is authorized by a repmsontative of PONDER. d4 Holding Fees for Onaranfiaed Animals, The koldmg fee for quarantined animals shall be Fifteen Detlars ($15.00) for the tirst day or part ora day and Five Dollars ($5 ~00) for each subsequent day that the animal is held. Head Shipments and Rabies Testing. Upon request of PONDER, DENTON will provide for the removal and shipment of heads of m~id suspects for elihieal rallies testhqg at the Texa~ De. partment of Health. The fee for this service shall be Seventy Dollars ($70.00) for each head fl~ilYPed, COVENANTS OF THE CITY OF PONDER Finanoial Responsibi//ties. In order to reimburse DENTON for its costs incurred under this Agreement, PONDER agrees to pay for the holding fees and euthanasia fe~s on dogs and cats receiwd from PONDER or its authorized agent ffthe animal(s) is not reclaimed by the owner. These fee~ will be assessed on the following I~asis: Euthaniged Anim'A: Fifteen Dollars ($15.130) for the first day or part cfa day and Five Dollars ($5.00) for each subseqa~nt day kolding fee for each animal as determined herein, plus Thirty Dollars (~30.00) euthanasia fee. Adopted Animal: Fifteen Dollars ($15.00) for the first day or part of a day and F~ve Dollars ($5.00) for each subsequent day holding fee fer each animal as determined herein. Head Shipments: Seventy Dollar~ ($71).00) ~hipping fee. d. Carcass disposal: Five dollars ($5.00). 2. DENTON will collect impound fees duly authorized by PONDER and as specified in this paragraph from the owners of dogs and eats received from PONDER. Impound fee monies will be applied to fees owed DENTON by PONDER for aa/mals not reclaimed by thc owner: Impoundment - $20,00 "~ Impoundment - $30.00 Impoundment - $45.00 Impov. ndment - $70.00 3. PONDER agrees payment shall be made within forty-five (45) days of receipt of invoice by PONDER. DENTON agrees to and accepts full responsibil/ty for the acts, negligence, and/or omissions of all DENTON's crnployee~ mad agents, DENTON's sul~contractors artd/or contract laborers doing work under a contzaet or agreement with DENTON in performance of tlxis Agreement with PONDER. PONDER agrees to and accepts full re~onsibility for ~e acts, negligence, and/or omissions of all PONDER's employees and agents, PONDER's subcontractors and/or contract laborers doing work under a conlxact or agreement with PONDER in performance of this Agreement with DENTON. ~t is further agreed that if claim or habihty shah arise from the joint or concurring negligence of both parties hereto, it shall be berne by them comparatively in accordance with the laws of the State of Texas. Tb2s paragraph sl~all not be construed as a waiver by either party of ~y defenses available to it under the laws of the State of Texas, It is understood that [t is not the intention of the parties hereto to crea'm liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parlies hereto. The fact that PONDER and DENTON accept certa/.n responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of their r~ponsibility for providing protection for the public health ~md welfaxe and, therefore, makes it imperative that the performance o£ these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Nekher DENTON nor PONDER waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available te it against the cla/ms arming from the enercise of governmental functions. ,~IM~LL O3NI'J;LO[. [NTE.RJ. O42AL C12N3 F'E..~ATJON AGREEMENT - mF PA~-F.. 3 OF 5 Thc tcrrn of this Agreement shakl be in one-year increments, beginning on January 1, 2004 and con~iauiag to Deee~mber 31 of the following year and th~cafter from year to year until terminated in accordance with this agreement, Either party may terminate this Agreement at any time without cause by giving 90 days advance notice m writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct tho default witkin thirty days of the date notice of default is sent, the ether party may dcctar¢ the Agreement terminated. This Agreement represents ;he eratire and integrated agreement between DENTON and PONDER and supersedes all prior negotiatiens, representations, and/or agreements, either written or emi. This Agreement may be amended only by written instrument signed by both DENTON and PONDER~ This Agreement and any of its terms or provisions, as well as tho righls and, duties of the parties hereto, sha]t be governed by the laws of the State of Texas. 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 thc remaining portions shall remain va]id and in full force and effect to the extent possible. The undersigned officer and/er agents o£ the parties hereto arc the properly authorized officials and have the necessary authority to execute this Agreement on behalf cf the parties hereto, and each party hereby certifies tc the other that any necessary resolutions extending smd authority have been duly passed and. are now in full force and effect. &.UlMA[~ COD'TKOL ~TEP-&~^L COOPfig~,T1OI~' ~,G~t~.,~M~rN'T-- P^G~ 4 o~ $ 2O EXECUTED {n duplicate originals this the da}' of CiTY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, cIrI-y SECRETARY BY: E.U LINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L PROUTY, CITY ATTORNEY CITY OF PONDER, TEXAS MAYOR ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATT OPdN EY BY: ANIMAL. OON'.I'I~.OL I,'~TBR. LOCAL COOPER 47 ION- ..~,GREEMI?dT - ~::~:a AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 18, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.759 acre sanitary sewer and reuse water easement and an approximate 0.926 acre temporary construction easement both of which are out of a parcel or tract of land described in that certain deed to Robert W. Callahan as recorded in Volume 4656, Page 164 of the Real Property Records of DeNon County, being located in the Gideon Walker Survey, Abstract No. 1330 and the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas and being part of a tract or parcel of land owned by Robert W. Callahan, authorizing the City Manager or his designee to make an offer to purchase the easemeNs for their just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property; and declaring an effective date. BACKGROUND The project at hand is captioned as the "Lakeview Ranch INerceptor" which involves upsizing the existing sanitary sewer capacity to serve the Lakeview Ranch development and the surrounding region. The existing sanitary sewer lines serving a portion of the region are not adequate and require ever increasing maiNenance because of age. Engineering staff has been iNeracting with Mr. Callahan over the course of the last few moNhs regarding topographic field surveying and appraiser inspection of his affected property, on the south side of East McKinney Street, several hundred feet east of the McDonnell Highlands subdivision. The City has an existing t0" sanitary sewer line traversing Mr. Callahan's property that was constructed in 1974. The alignment of that t0" sanitary sewer line was designed to fit a future subdivision layout that did not come to pass. It is the intent of the current design to install a 27" sanitary sewer line within a stream-lined easement and then to ultimately abandon the old facilities and the existing sanitary sewer easement once the new facilities are brought on-line. We have commissioned an independeN appraisal of the easemeN rights to be acquired and have presented that information to Mr. Callahan in the form of an offer. We are in dialogue with Mr. Callahan, but early indications are that we might not be able to reach equitable terms within the time constrains of the project schedule. Mr. Callahan has a wide variety of issues involving the City that we probably won't be able to eclipse through this interaction. We will continue to pursue settlement terms with Mr. Callahan, but find it necessary to request condemnation authorization, should our negotiations reach an impasse. OPTIONS t. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance and acquisitions. ESTIMATED PROJECT SCHEDULE Project start date in Summer 2004 PRIOR ACTION/REVIEW None. FISCAL INFORMATION Just compensation offer of $24,400, plus administrative fees to process the eminent domain action. ATTACHMENTS Location map Site map Draft ordinance Prepared by: Paul Williamson Real Estate & Capital Support Manager Respectfully submitted: Charles Fiedler, Director Engineering Department FEMA DRAUGHT HORSE ST. MILLS MILLS ~ CLATTOH ESTATES DUCHES MORSE OAELI z ROYAL OAKS WHEEL ESTATES M.H.P. TREATMENT PLANT RD SPENCER ROAI FOSTER PECAN CREEK WATER WATER TREATMENT o oh on Eosement cquisition Locotion CITY OF DENTON LANDFILL P ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.759 ACRE SANITARY SEWER AND REUSE WATER EASEMENT AND AN APPROXIMATE 0.926 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH OF WHICH ARE OUT OF A TRACT OR PARCEL OF LAND DESCRIBED IN THAT CERTAIN DEED TO ROBERT W. CALLAHAN AS RECORDED IN VOLUME 4656, PAGE 164 OF THE REAL PROPERTY RECORDS OF DENTON coUNTy, BEING LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 AND THE MOP_EAU FORR_EST SURVEY, ABSTRACT NO. 417, IN DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS FOR THEIR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the real property interests as hereinafter described; and WHEREAS, the hereinafter described property is believed to be owned by Robert W. Callahan (the "Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of the following: a sanitary sewer and reuse water easement in the name of the City of Denton, Texas for the construction, reconstruction, installation and maintenance of sanitary sewer and reuse water utilities, in, on, across, and under that certain tract or parcel of land containing approximately 0.759 acre as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Sanitary Sewer and Reuse Water Easement") and as depicted on Exhibit "C", attached hereto and made a part hereof by reference; a temporary construction easement in the name of the City of Denton, Texas on and across that certain tract or parcel of land containing approximately 0.926 acre as more particularly described in Exhibit "B" attached hereto and made a part hereof by reference (the "Temporary Construction Easement") and as depicted on Exhibit "C", to use for access, staging, and placement of materials, equipment and supplies in conjunction with construction activities for the construction and installation of sanitary sewer utilities provided for by the Sanitary Sewer and Reuse Water Easement (the "Construction Activities"), with said Temporary Construction Easement expiring upon the completion of the Construction Activities or one (1) year from the date the City of Denton takes possession of the Temporary Construction Easement property, which ever occurs first. The Sanitary Sewer and Reuse Water Easement and Temporary Construction Easement are hereinafter collectively called the "Easements". SECTION 2. The City Council finds that there is a public necessity and public need to acquire the Sanitary Sewer and Reuse Easement and the Temporary Construction Easement in the size, scope, width, and dimensions of the Easements and for the for the purposes stated in this ordinance. SECTION 3. The City Council finds that $24,400 (the "Compensation") is just compensation for the Easements including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Easements to the owner of the property containing the Easements (the "Property") in the amount of the Compensation. SECTION 4. In the event the offer as described in Section 3 is refused or not accepted by the Owner, the City Attorney or his designee is hereby authorized and d/rected to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire the Easements in the name of the City of Denton, Texas, as provided in Section 1 above. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. BY: Page 2 EXHIBIT "A" Page I of 3 25' UTILITY EASEMENT G/DEON WALKER SURVEY, ABSTRACT NO. 1330 MOREAU FOREST SURVEy, ABSTRACT NO. 417 CITY OF DENTON DENTON COUNTY, TEXAS BE/NG a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, and the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being a part of a tract of land described by deed to Robert W. CaIlahan as recorded in Volume 4656, Page 1648 of the Real Property Records of Denton County, Texas; and being more particularly described as follows: BEGINNING at a I/2 inch iron rod set in a northeast line of said Callahan tract and in the southwest occupied line ofF. M. Road No. 426, also known as East McKinney Street, same being South 55 degrees 12 minutes 51 seconds East, a distance of 288.51 feet fi.om a wooden right-of-way post found; THENCE South 55 degrees 12 minutes 51 seconds East, with the south occupied tine of said F. M. Road No. 426, a distance of 25.00 feet to a 1/2 inch iron rod s~ from which a 1/2 inch iron rod found at a northeasterly corner of said CalIahan tract bears, South 54 degrees 38 minutes 39 seconds East, a distance of 310.55 feet; THENCE South 35 degrees '09 minutes 12 seconds West, over and across said Callahan tract, a distance of 607.87 feet to a 1/2 inch iron rod set for corner; THENCE South 47 degrees 49 minutes 57 seconds West, continuing over and across said Callahan tract, a distance of 705.88 feet to a 1/2 inch iron rod set in a south line of said Callahan tract and in the north line ora tract of land described by deed to the City of Denton as recorded under County Clerk's File No. 97-R0019639 of the Real Property Records of Denton County, Texas, THENCE North 86 degrees 59 rainutes 04 seconds West, with the north line of said City of Denton tract, a distance of 35124 feet to a I/2 inch iron rod set for corner, said point being South 86 degrees 59 minutes 04 seconds East, a distance of 65.41 feet fi.om a 1/2 inch iron rod found in the east line of an old gravel road; ' THENCE North 47 degrees 49 minutes 57 seconds East, over and across said Callahan tract, a distance of 727.94 feet to a 1/2 inch iron rod set for corner; THENCE North 35 degrees 09 minutes 12 seconds East, continuing over and across said Callahan tract, a distance of 604.93 feet to the PO/NT OF BEGINNING and containing 0.759 of an acre of land 'more or tess. EXHIBIT "B" Page 2 of 3 30' TEMPORARY CONSTRUCTION EASEMENT GIDEON WALKER SURVEY, ABSTRACT NO. 1330 MOREAU FOREST SURVEY, ABSTRACT NO. 417 CITY OF DENTON DENTON COUNTY, TEXAS BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330 and the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being a part ora ' tract of land described by deed to Robert W. Callahan as recorded in Volume 4656, Page 1648 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in a northeast line of said Callahan tract and in the southwest occupied line ofF. M, Road No. 426, also known as East McKinney Street, same being South 55 degrees 12 minutes 51 seconds East, a distance of 288.51 feet from a wooden fight-of-way post found; THENCE South 35 degrees 09 minutes 12 seconds West, over and across said Catlahan tract, a distance of 604.93 feet to a 1/2 inch iron rod set for comer; THENCE South 47 degrees 49 minutes 57 seconds West, continuing over and across said Callahan tract, a distance of 727.94 feet to a 1/2 inch iron rod set in a south line of said Callahan tract and in the north line of a tract of land described by deed to the City of Denton as recorded under County Clerk's File No. 97-R0019639 of the Real Property Records of Denton County, Texas; THENCE'North 86 degrees 59 minutes 04 seconds West, with the north line of said City of Denton tract, a distance of 42.49 feet to a point for comer, said point being South 86 degrees 59 minutes 04 seconds East, a distance of 23.12 feet from a 1/2 inch iron rod found in the east line of an old gravel road; THENCE North 47 degrees 49 minutes 57 seconds East, over and across said Callahan tract, a distance of 754.42 feet to a point for comer; THENCE North 35 degrees 09 minutes 12 seconds East, continuing over and across said Callahan tract, a distance of 601.41 to a point in the southwest occupied.tine of said F. M. Road No. 426;. THENCE South 55 degrees 12 minutes 51 seconds East, with the south occupied line of said F. M. Road No. 426, a distance of 30.00 feet tothe POINT OF BEGINNING and containing 0.926 of an acre of land more or less, and being subject to any and all easements that may affect. EXHIBIT "C' x,~ MOREAU FOREST sURVEy, ABSTRACT NO. 417 GIDEON WALKER SURVEY, ABSTRACT NO. 1330 / / / / ! / i Page $ o£ ~ 25' Utility Easement. 30.' Construction £osement $5572'5~"E ,25. 0o' (cu.) / Cle~' City of D~t~ File No. 97-~196~9 2R97' N86'59'O4 "W IRON ROD S~T ~IH YE'~.LOW CAP Sewer Eesement VoL 695, Pg. 550 · 25' Utility Easement O. 759 Acre -- JO' Temporary Construction Easement O. 926 Acre EXHIBIT 25' UTII',[TY EASEMENT and 30' Temporary Construction Easement GIDEON ~rM, KER SURVEY, ABSTRACT NO. 1330 and MOREAU FOREST SURVEY, ABSTRACT NO. 417 CITY OF DENTON STAMPED ARTHUR SURVEYIN~ = CON~RO~L/NG DATE: 2/17/2004 SCALE: 1'= 200' CALC, BY: M.B.A. DRAWN BY; M.B.A. JDE NO.: 640010541 JOB NO,: 2,3.12101 CALLAHAN- EASEMENT. OWG DENTON CO UNT~ TEXAS AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 18, 2004 Utility Administration Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of DeNon approving a sanitary sewer facilities agreement between the City of Denton, Texas and Canyon Energy Partners, LTD. to provide for the construction of sanitary sewer facilities to serve the Enclave at Lakeview Ranch. A residemial developmem in the City of DeNon, and to serve the needs of the City of DeNon; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Canyon Energy Partners, Ltd. is the owner and has proposed development of 437 acres of land consisting of multiple tracts, spanning from US 380 to south of McKinney Street (see Map-Exhibit I). The proposed developmem named Enclave at Lakeview Ranch (Enclave) encompasses 5 Sections, A thru E, and 1325 single family homes are proposed to be constructed at project build out. The proposed development surrounds the existing platted Lakeview Ranch sub-division. In developing the wastewater system to serve the proposed sub-division, the developer and their engineer approached the staff and have worked cooperatively in idemifying the needed wastewater infrastructure. The Enclave property lies within a much larger sewer basin (see Exhibit-X). The existing wastewater facilities in this basin consist of the following: · Lakeview Ranch Lift Station and 6-inch force main to serve the Lakeview Ranch sub-divison. · 8-inch gravity line on Trinity Road downstream of Lakeview Ranch Lift Station · Grissom and Vacation Village Lift Stations. · 10-inch and then 12-inch sewer line to the wastewater plant, downstream of the discharge poim of Grissom and Vacation Village Lift Stations. The above facilities are inadequate to serve the proposed Enclave sub-division and the future off-site development. The developer's engineer working with the staff has idemified the projected wastewater service needs of the emire sewer basin encompassing the Enclave sub-division along with the projected sewer flows from the Enclave. A master plan to serve the entire sewer basin has been prepared by the developer's engineer and reviewed by staff. The major componems of the proposed master plan infrastructure are as follows: · Lift Station "A" and force main to serve the Section "A" of Enclave. This lift station and force main will be oversized to serve off-site areas. · Demolition of the Lakeview Ranch Lift Station · Gravity sewer line to bypass the Lakeview Ranch lift Station. This sewer line will be oversized. · Lift Station "C" and force main to serve the Enclave. This lift station and force main will be oversized. This lift station will serve as a regional pump station like the existing Hickory Creek and Cooper Creek Lift Stations. This project is included in the impact fees as a new Grissom Road Lift Station and force main, however, city will participate in the oversize only. · Lift Station "E" to serve the Section "E". No oversize needed. · Abandon 10-inch and 12-inch sewer line to the plant and construct 27-inch sewer line. This sewer line to be designed and constructed at City of DeNon expense as a capital project included in the impact fees study. To encourage the City of Denton to move forward and construct the two projects included in the impact fee study, the developer is proposing to enter into a contractual agreemem termed "Agreemem for the Provision of Sanitary Sewer Facilities" (see Exhibit II). This agreemem provides the framework and a mechanism to bind the city and the developer into performing the tasks necessary to complete the project to provide sewer service to Enclave. The highlights of this agreemem are listed as below: · The developer's project is defined as the design and construction of the Lift Station 'A" and force main and oversize, the gravity sewer line to bypass the Lakeview Ranch Lift station and oversize the sewer line, the Lift Station "C" and force main and oversize (oversize for all facilities to be funded by the City). · The City's project is defined as the design and construction of the gravity sewer line from McKinney Street to the plant, demolition of the Lakeview Ranch and Grissom Lift Station, and design and construction of the bypass sewer line from Grissom Lift Station to the Lift Station "C". · To guarantee that the developer will perform the tasks necessary to provide wastewater service to the Enclave, the developer agrees to put monies in escrow to construct the developer's project as listed above. Monies from escrow account will be used to make progress paymems for the developer's construction project. · City guaramees that the funds necessary to construct the City's project and oversize are available. · A Restrictive Covenant is included in the sewer agreement. This covenant allows occupancy of no more than 125 single-family homes that can be connected to the existing sewer system. Occupancy of any homes beyond the 125 count is contingent on the Developer completing the construction of the Developer's Project. The city staff has worked with the developer, their engineer and attorney to provide a framework for a project that meets the needs of the Enclave and provides for future growth in the sewer basin by having adequate wastewater facilities. Staff recommends approval of the agreement to provide wastewater service. OPTIONS 1. Approve the Agreement For The Provision Of Sanitary Sewer Facilities. 2. Reject the agreement. RECOMMENDATIONS Staff recommends approval of the Agreement "For The Provision Of Sanitary Sewer Facilities". ESTIMATED SCHEDULE OF PROJECT The developer is required to complete the Lakeview Ranch Lift Station bypass gravity sewer line and the Section C Lift Station to provide service to the Enclave. City's obligation is to complete the gravity sewer line from the discharge point of Lift Station C to the treatment plant. The estimated project schedule is from June 2004 to June 2005. PRIOR ACTION/REVIEW (COUNCIL, BARDS, COMM.) This item was presented to the Public Utilities Board at their May 10th, 2004 regular meeting. The item was approved by a vote of __ to __ FISCAL INFORMATION The City's project and the oversizing of the developer's project will be funded from existing bond funds. $3,396,000 is included in the FY 2004 and 2005 for the design and construction of the project (see Exhibit III). The breakdown of the planning level estimated costs of the facilities is as follows: · Section A Lift Station developer cost: $206,000 oversize cost : $486,000, Oversize cost dill: $280,000 · Gravity sewer to bypass Lakeview Ranch Lift Station developer cost: $225,000 Oversize cost : $295,000, Oversize cost dill: $70,000 · Section C Lift Station Total Cost : $700,000 City Oversize cost at 30% : $210,000 · 27-inch sewer line to treatment plant City cost: $600,000 · 8-inch sewer line to bypass Grissom Lift Station City cost: $167,000 Total estimated planning level Oversize and City Projects cost: $1,327,000 EXHIBITS 1. Map 2. Agreement For The Provision Of Sanitary Sewer Facilities. 3. CIP Detail Sheet Prepared by: P.S. Arora, P.E Assistant Director of Wastewater Utilities Respectfully submitted: Jim Coulter Director of Water Utilities Enclave at Lakeview Ranch SEWER BASIN PROPERTY PROPOSED LIFT STATION "A" (O~d~RSIZE) PROPOSED 8" FORCE MAIN (O~d~RSIZE) EXISTING LRK E'L.q EVV RA NC H LIFT STATION ro BE DEMOLISHED) EXISTING 8" GRAMTY MAIN EXISTING GRISSOM LIFT STATION ro BE DEMOLISHED EXISTING 8" FORCE MAIN FO BE ABANDONED) PROPOSED 27" GRAMTY MAIN PROPOSED 8" GRA~TY MAIN PROPOSED 12" G RA~I TY MAIN (O'UERSIZED) PROPOSED LIFT STATION "C" (O~d~RSIZE) FORCE MAIN (O~d~RSI ZE) PECAN CREEK ".q~TE R RECLAMATION PLANT PROPOSED LIFT STATION "E" [~1 I 0 0.25 0.5 I Miles 1 EXHIBIT I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A SANITARY SEWER FACILITIES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CANYON ENERGY PARTNERS, LTD. TO PROVIDE FOR THE CONSTRUCTION OF SANITARY SEWER FACILITIES TO SERVE THE ENCLAVE AT LAKEVIEW RANCH, A RESIDENTIAL DEVELOPMENT IN THE CITY OF DENTON, AND TO SERVE THE NEEDS OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Canyon Energy Partners, Ltd. is the owner and developer of the Enclave at Lakeview Ranch, a development located in the City of Denton, Texas containing approximately 437 acres of land (the "Development") as more particularly described in the agreement (the "Agreement") attached hereto and made a part hereof by reference as Exhibit "A"; and WHEREAS, there is insufficient capacity in the City's sanitary sewer system to serve the needs created by the Development; and WHEREAS, certain sanitary facilities need to be constructed or expanded in order to meet the demands created by the Development; and WHEREAS, in addition, the City desires to provide for the oversizing of some of the sanitary sewer facilities and to participate in the construction of sanitary sewer facilities to meet the needs of the City which are above and beyond the needs created by the Development; and WHEREAS, the City and the Developer desire to enter into this Agreement to set forth the terms and conditions under which the proposed sanitary facilities will be constructed and paid for; and WHEREAS, the City Council of the City of Denton hereby f'mds that the Agreement serves a municipal and public purpose and 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 into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or Iris designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of fimds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EXHIBIT 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS.,.T~EOAL FO/~: HERB~~~*¥~TTL~Y BY. c----~t_~~ ~ EULINEBROCK, MAYOR Page 2 AGREEMENT FOR THE PROVISION OF SANITARY SEWER FACILITIES THIS AGREEMENT (the "Agreement") is made by and between CANYON ENERGY PARTNERS, LTD., a Texas limited partnership (the "Develops") and the CITY OF DENTON, TEXAS, a home role municipality, located in the Denton County, Texas (the "City"), as of the Effective Date provided below, upon the terms and conditions set forth herein. WHEREAS, the Developer is the owner and developer of the Enclave at Lakeview Ranch, a development located in the City of Denton, Texas containing approximately 437 acres of land and consisting of Sections A (called "Section A"), B (called ".Section B"), B2 (called "Section B2"), C (called "Section C"), D (called "Section D"), and E (called "Section E'), as more particularly described and depicted on Exhibit "A" attached hereto and made a part hereof by reference (the "Development"); and WHEREAS, the Developer intends to develop Section A and Section B of the Development first ("Phase One"), Section A being more particularly described in the metes and bounds description attached hereto as Exhibit "B" which is made a part hereof by reference and Section B being more particularly described in the metes and bounds description attached hereto as Exhibit "C" which is made a part hereof by reference (the "Phase One Pro,ertl"); and WHEREAS, there is insufficient capacity in the City*s sanitary sewer system to serve the needs created by the Development including all of Phase One; and WItEREAS, certain sanitary facilities need to be constructed or expanded in order to meet the demands created by Phase One and the Development; and WHEREAS, in addition, the City desires to provide for the oversizing of some of the sanitary sewer facilities and to participate in the construction of sanitary sewer facilities to meet the needs of the City which are above and beyond the needs created by the Development; and WHEREAS, the construction or expansion of such sewer facilities and the oversizing of some of such facilities are described in that certain approved Wastewater System Analysis for Enclave at Lakeview Ranch (the "Wastewater Study"), dated January 14, 2004, prepared by Goodwin & Marshall (the '~Project Engineer"), a tree and correct copy of which is attached hereto as Exhibit "D" and incorporated herein by reference, and the Developer and the City have agreed to construct, expand and oversize such facilities in accordance with the requirements set forth in the Wastewater Study, subject to the terms and conditions of this Agreement, and WHEREAS, the City and the Developer have entered into this Agreement to set forth the terms and conditions under which the proposed sanitary facilities will be constructed and paid for; and Agreement - Page 1 2576 EXHIBIT 3 NOW THEREFORE, in consideration of the mutual covenants contained herein, sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Description of Sewer Facilities. The sanitary sewer facilities provided for in this Agreement (the "Sewer Facilities") are described as follows: Proposed lift station A to be located as shown in the Wastewater Study ("Lift Station A"), unless the City notifies Developer (the "Relocation Notice") in writing on or before fourteen (14) days following the Effective Date of this Agreement (the "Relocation Deadline") that the City has elected m move the Iocation of Lift Station A to approximately 700 to 1000 feet to the south of where it is shown in the Wastewater Study (the "New Location"). The City is responsible for the acquisition of all easements necessary to locate Lift Station A to the New Location; provided, however, the Developer shall pay up to $7,000 to the City in reimbursement of the costs paid by the City to the appropriate landowner for such easement. Such reimbursement shall be paid by the Developer to the City within thirty (30) days following the date on which the City has obtained such easement and provided reasonable evidence to the Developer of the cost paid to the landowner for such easement. If on or before the Relocation Deadline Developer does not receive the Relocation Notice or the City does not obtain the necessary easements for the relocation of Lift Station A, then Lift Station A shall remain at the existing location shown in the Wastewater Study but it will be built at sufficient depth to serve the contributing sewer basin. In such case the City will be responsible for all extra costs associated with constructing Lift Station A to the extra depth needed to serve the contributing sewer basin. Proposed 8" force main extending from Lift Station A to existing sanitary sewer line as shown in the Wastewater Study ("Lift Station A Force Main"). Proposed lift station C to be located as shown in the Wastewater Study (''Lift Station C"). Existing Lakeview Ranch lift station located as shown in the Wastewater Study ("Lakeview Ranch Lift Station"). Proposed 12" gravity line extending from existing sanitary line at the Lakeview Ranch Lift Station to Lift Station C as shown in the Wastewater Study ("Lakeview Ranch Gravity Line"). Existing G-rissom lift station located as shown in the Wastewater Study ("G-rissom Lift Station"). Proposed 8" gravity line extending from the Grissom Lift Station to Lift Station C as shown in the Wastewater Study (the "Grissom Gravity Line"). Agreement- Page 2 2576.3 Proposed 12" force main extending from Lift Station C to a point on an existing sanitary sewer line located near East McKinney near the southwest comer of Royal Oaks Mobile Home Park as shown in the Wastewater Study (the "Lift Station C Force Main"). Existing City of Denton wastewater treatment plant as shown in the Wastewater Study (the '~l'reatment Plant"). Proposed gravity line extending from a point where the Lift Station C Force Main ends near East McKinney to the Treatment Plant as shown in the Wastewater Study (the "Treatment Plant Gravity Line"). 2. Developer's Construction Proiect; Computation of City's Share. The Developer is responsible for the design, construction, and easements (on land owned by Developer), if necessary, for Lift Station A, the Lift Station A Force Main, Lift Station C, the Lakeview Ranch Gravity Line, and the Lift Station C Force Main (the "Developer's Construction Proiecf').. On or before fourteen (14) days following the Effective Date of this Agreement, the City may, by giving written notice to the Developer, require the oversizing of Lift Station A and the Lift Station A Force Main, the Lakeview Ranch Gravity Line, Lift Station C and the Lift Station Force Main (the "Oversize"), which Oversize notice shall also identify the City's specific requirements for the oversize of each of the Sewer Facilities specified herein. If the City makes such Oversize election it will pay for the Oversize costs ("City's Share"). The City's Share for Lift Station A, Lift Station A Force Main, and the Lakeview Ranch Gravity Line will be computed by first determining the size of the facilities required to serve the Development's needs. The City's Share will be the cost of increasing the size of facilities beyond what is required to serve the needs of the Development. The City's Share will be determined prior to the award of a construction contract for the Developer's Construction Project. For example, it is currently estimated that the Lakeview Ranch Gravity Line is required to be 12 inches in diameter to meet the needs of the Development. If the final field tests and grades confirm that 12 inches is what is needed to meet the needs of the Development the City for example may elect to have the size increased to 18 inches in diameter. When bidding the construction contract the Developer will receive bids for a 12 inch and an 18 inch line. The City's Share for that line will be the difference in cost between the two bids. However, this is subject to the City's audit of the bids to make sure that the bidding is not unbalanced. For Lift Station C and Lift Station C Force Main, City will share 30% of the entire cost of such facilities in order to deliver the pumping capacity up to 1280 gallons per minute (GPM), including, without limitation, 30 % of the cost of the SCADA system and 30% of the cost of all roadway access to such facilities. If the City elects to oversize any components of the Lift Station C beyond the 1280 GPM capacity, City will pay all costs for this oversize. The City's Share shall be paid to the Developer's contractor in progress payments within thirty (30) days of the City's receipt of an invoice for same as portions of the Developer's Construction Project are completed, minus 5% retainage, with the retainage and the balance being paid upon final completion and acceptance by the City of the Developer's Construction Project ("Final Acceptance"), which payment schedule shall be provided in the Three-Way Agreement hereinafter described. Such invoices shall also describe portions 'of the work that have been performed by the contractor on the Developer's Construction Project through the date of such invoice and shall be reviewed by the City within five (5) business days Agreement- Page 3 2576.3 following receipt thereof. If the representatives of the City have any objections to the progress payment being requested in such invoice on the Developer's Construction Project, they shall communicate such objections, in writing, to the Developer within such five (5) business day period, and the parties shall seek to resolve any questions or issues relative to such invoice promptly. As to any invoice submitted by the Developer (or its contractor) and for which no comment has been received from the City within five (5) business days following submission thereof, such invoice shall be deemed to be approved by the City in all respects. If feasible and if requested by Developer, items in any invoice to which questions have been raised by the City shall be segregated from all remaining items in such invoice, and the approved items shall be submitted for payment out of the escrow hereinafter described. All approved invoices shall be delivered by a representative of the City to the Project Engineer, who is hereby authorized to submit such approved invoices for payment in accordance with the Escrow Agreement (hereinafter defined). The City's Share shall bear no interest unless the City has not paid City's Share when due, in which case it shall bear interest from that date until paid at the rate of 6% per annum. The City has available budgeted funds sufficient to pay all of the City's Share. 3. City's Construction Project. The City is responsible for the design, construction, and easements, if necessary, for the Grissom Gravity Line, Treatment Plant Gravity Line, and for the elimination and demolition of the Lakeview Lift Station and the Grissom Lift Station (the "City's Construction Proiect"). Easements for the Grissom Gravity Line shall have sufficient width to include the Lift Station C Force Main. The demolition of the Grissom Lift Station and the construction of the Grissom Gravity Line do not impact the Developer's Construction Project or conveyance of wastewater from the Development. Therefore, the City will determine the timing of construction of these two facilities. However, the City shall obtain the necessary easements for the Grissom Gravity Line within one hundred twenty (120) days following the Effective Date, regardless of the timing of the construction of such facilities. The City has available budgeted funds sufficient to pay for all of the City's Construction Project. 4. Design of Public Improvements; Approval of Plans and Specifications. All public improvements associated with the Developer's Construction Project and the City's Construction Project (the "Public Improvements") shall be designed and constructed in accordance with the City's standard specifications for public works construction, which are incorporated herein by reference. The City acknowledges that the Developer cannot request the Project Engineer to complete the design of such facilities until such time as the City has provided final specific approvals for all such facilities that are subject to any City oversizing or other specific City input or requirements. Prior to awarding the construction contract for the Developer's Construction Project the Developer shall submit to the City a complete set of construction plans and specifications for the Developer's Construction Project for review and approval by the City. The construction contract will not be awarded until the City has given its written approval. The City will not unreasonably withhold or delay its consent or approvals to the plans and specifications or thc construction contract. Construction for the Developer's Construction Project shall not commence until the Developer and its contractor enter into the City's standard three-way public works contract between the City and the Developer, and its contractor (the "Three-Way Agreemenf') and a performance bond, payment bond and required insurance certificates are delivered to the City in the substance and form required by the City. Agreement- Page 4 2576.3 5. Escrow Agreement. To ensure completion of the Developer's Construction Project, prior to commencing construction, the Developer shall deposit the full amount of the construction contract (other than the Cit3gs Share) in escrow with Commonwealth Land Title Company, 5949 Sherry Lane, Suite 111, Dallas, Texas 75225, Attention: Mr. Jim Lazar (the "Escrow Agenf'), which escrow shall thereafter be disbursed in accordance with an agreement (the "Escrow Agreement"), which shall be in a form approved by the City Attorney, or his designee. The Escrow Agreement shall include the following provisions: (i) A schedule for the construction of Developer's Construction Project, which shall be in substantial accordance with the schedule provided on Exhibit "E" attached hereto. (ii) If Developer breaches the Escrow Agreement and fails to cure the breach within fifteen (t5) days after written notice of such breach, then the City shall have the right to use the remaining funds in escrow to complete construction of Developer's Construction Project. (iii) The Project Engineer shall provide invoices to the Escrow Agent which have been approved (or deemed approved) by the City relative to the portions of the Developer's Conslxuction Project which have been completed, and the Escrow Agent shall be authorized to pay each such invoice immediately out of the funds on deposit in such escrow. (iv) Developer shall pay all costs for the Developer's Construction Project specified herein notwithstanding that the escrow may be depleted prior to the completion of such project, Additionally, if the City cures a breach of the Escrow Agreement and if there are not sufficient funds in escrow to complete the construction of Developer's Construction Project, then Developer shall pay to the City, within ten (10) days after receipt of demand for payment, the difference between the cost to complete construction of Developer's Construction Project and the remaining funds in escrow. (v) When the Developer's Construction Project is completed and Final Acceptance has been issued by the City, if there are still funds in such escrow, the Escrow Agreement shall provide that all such funds shall be immediately released to the Developer and the Escrow Agreement shall terminate. 6. Diligent Pursuit of Construction of Sewer Facilities. Subject in all events to the timely performance by the City in obtaining necessary easements and providing required input for oversizing requirements, the Developer will diligently pursue the design and construction of the Developer's Construction Project and the City will diligently pursue the design and construction of the City's Construction Project. However, the City is under no obligation to commence construction of the City's Construction Project until Developer commences construction of the Developer's Construction Project. If the City's Construction Project is not complete on or before the later to occur of: (a) May 1, 2005, or (b) the date on which Final Acceptance of the Developer's Construction Project has been issued by the City (with the later of such dates being referred to as the "City Deadline"), then the City will be responsible for providing to Phase One, at City's cost, from and after the City Deadline until the City's Construction Project has been completed, a temporary alternative to the disposal of the wastewater generated by Phase One sufficient to remove the 125 home restriction contained in Section 7 of this Agreement. Such Agreement - Page 5 2576.3 altcmafve may include the hauling of wastewater from Phase One by the City. In such case, the City shall not withhold any permits or approvals related to the development of Phase One or the construction of homes thereon, including, without limitation, the processing of final plats, building permits and final inspection approvals, based on the insufficient sewer facilities, improvements or capacity. 7. Restrictive Covenants. It has been determined that the City's existing sanitary sewer system has insufficient capacity to serve all of the needs for the development of the Phase One Property. It is agreed that not more than 125 single family residences ("Maximum Residences") shall receive final inspection approval from the City Building Official allowing occupancy of the residences for the Phase One Property unless and until the Developer's Construction Project has been completed and finally accepted by the City (the "_Cpmpletion of Developer's Improvements"). Such final inspection approval will be made on a first come first serve basis. Except as provided in Section 6 above, the City shall have the right to withhold final inspection approval for residences above the Maximum Residences until the Completion of Developer's Improvements. The Developer, as the sole owner of the Phase One Property, hereby' declares that all of the Phase One Property shall be held, sold and conveyed subject to the covenants contained in this Section 7 (no other terms in this Agreement shall be binding upon a subsequent owner) which are covenants touching and running with the Phase One Property and shall be binding on all parties having any right, title or interest in the Phase One Property or any part thereof, either now or in the future, and their successors, heirs and assigns, and shall inure to the benefit of the Developer, the City and their successors and assigns. The City and Developer have simultaneously entered into a Memorandum of Agreement and Restrictive Covenants (the "Restrictive Covenants") in substantially the same form as the Restrictive Covenants attached hereto and made a part hereof by reference as Exhibit "F'. The Restrictive Covenants shall be recorded in the Real Property Records of Denton County, Texas. Upon completion and acceptance of the Developer's Construction Project the City shall file in the Real Property Records of Denton County a release releasing the Restrictive Covenants, and it shall not be necessary that the Developer, or its successors or assigns, join in any such release for same to release the Restrictive Covenants. NOTWITHSTANDING ANY PROVISION HEREIN, THE FIRST I25 SINGLE FAMILY RESIDENCES IN THE PHASE ONE PROPERTY WHICH RECEIVE FINAL INSPECTION APPROVALS FROM THE CITY ARE NOT SUBJECT TO THE FOREGOING RESTRICTIVE COVENANTS. 8. Potential Competitive Bidding ,.Re.,q,uirement. It is understood and agreed that notwithstanding anything contained herein to the contrary the City's Share of the Developer's Construction Project shall not exceed 30% &the total cost to construct the Public Improvements. In the event this should not occur, then a sufficient portion of the construction of the Public Improvements wilt be competitively bid in order to bring the City's Share within this 30% requirement. 9. Notices. Any notice, demand or other communication required or permitted to be delivered hereunder (other than invoices to be delivered as hereinafter described) shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt Agreement- Page 6 2576.3 requested, addressed to each respective party, or sent via facsimile to the fax number set forth for each party, as follows: If to the City: With a coov to: The City of Denton, Texas 215 E. McKinney Denton, Texas 76201 Attention: Mr. Howard Martin, Assistant City Manager Fax No.: (940) 349-8596 Edwin Snyder, Esq. Assistant City Attorney City of Denton, Texas 215 E. McKinney Denton, Texas 76201 Fax No.: (940) 382-7923 If to the Developer: With c_.9.pies to: Canyon Energy Partners, Ltd. c/o Wagner & Brown, Ltd. 300 North Marienfeld, Suite 1100 Midland, Texas 79701 Attention: Gary D. Douglas, Esq. Fax No.: (432) 686-6469 Robert M. Allen, Esq. Clements, Allen, Woods & Margolis, P.C. 15303 Dallas Parkway, Suite 1050 Addison, Texas 75001 Fax No.: (972) 991-2601 Robert P. Wright, Esq. Baker Botts, LLP 910 Louisiana Street Houston, Texas 77002 Fax No.: (713) 229-7737 Mr. Jim Tchoukaleff Arcadia Realty Corp. 5440 Harvest Hill, Suite 206 Dallas, Texas 75230 Fax No.: (972) 774-9111 Mr. Ted H. Jones WB Realty Partners, Inc. 300 North Marienfeld, Suite 150 Midland, Texas 79701 Fax No.: (432) 686-1501 All invoices or notices or other communications applicable to the invoices specified in Section 2 hereof shall be delivered to the City and the Developer at the address set forth for each party as follows: if to the City: Mr. Greg Blackstone Agreement- Page 7 2576.3 City of Denton Inspection Group 601 E. Hickory Street, Suite B Denton, Texas 76205 Fax No.: (940) 249-8910 If to the Developer: With copies to: (Prior to May 15, 2004) Mr. Matt Goodwin Goodwin & Marshall 6001 Bridge Street, Suite 100 Fort Worth, Texas 76112 Fax No.: (817) 446-3116 Mr. Jim Tchoukaleff Arcadia Realty Corp. 5440 Harvest Hill, Suite 206 Dallas, Texas 75230 Fax No.: (972) 774-9111 (After May 15, 2004) Mr. Matt Goodwin Goodwin & Marshall 2405 Mustang Drive Grapevine, Texas 76051 Fax No.: (817) 329-4453 Mr. Ted H. Jones WB Realty Partners, Inc. 300 North Marienfeld, Suite 150 Midland, Texas 79701 Fax No.: (432) 686-1501 Any of the parties hereto may change their respective notice addresses for all communications and invoices by a notice delivered in accordance with the terms and conditions of this Section 9. 10. Applicable Law; Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are fully performable in Denton County, Texas. ExclusiYe venue for any lawsuit enforcing or interpreting any of the rights and obligations under this agreement shall be a court of competent jurisdiction in Denton County, Texas. 11. Binding Effect. 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. 12. Force Maieure. Neither party shall be in default or otherwise liable for any delay in or failure of performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transpomtion or communications, or any act or failure to act by another party or such other party's employees, or agents. However, lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement. Agreement- Page 8 2576.3 13. Rule of 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 un~nforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 14. 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. 15. Time of the Essence. Time is of the essence in this Agreement. 16. Number and 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. 17. Incorporation of Recitals. The recitals in the preamble of this Agreement are substantive and are incorporated into the body of this Agreement by reference. EFFECTIVE as of the __ day of__ ., 2004 (the "Effective Date"). THE CITY OF DENTON, TEXAS By:. ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff, City Manager 215 E. McKinney Denton, Texas 76201 Fax No. (940) 349-8596 By:. APPROVED AS TO LEGAL FOR~4: HERBE~~c~UTY~ Agreement- Page 9 2576.3 ~i~;~s~ary D'3D~NglaS~a~.iCene Presidentfeld, Suite ~ Midland, Texas 79701 Fax No. (432) 686-6469 AKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of ., 2004, by Michael A. Conduff, City Manager of the City of Denton, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for State of Texas STATE OF TEXAS § COUNTY OF MIDLAND § Th~s instrument was acknowledged before me on this ~2~)44a day of ~| [ , 2004 by Gary D. Douglas, the Vice President o]? Canyon Energy Partners, Ltd, a Texas Limited Partnership, on behalf of said limited partnership. Notary Public in and for State of Texas Agreement - Page 10 2576.3 EXHIBIT B Tract A 81.830 Acres BEING all that certain lot, tract or parcel of land situated in the Moreau Forrest Survey Abstract Number 417 in the City of Denton, Denton County, Texas, being a part of that certain "Tract VII" of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer in the south line of that certain tract of land conveyed by deed from First Madison Bank, FSB to Ralph Bullard recorded under Clerk's File Number 93-R0020394, Real Property Records, Denton County, Texas, said point being the northeast comer of Lot 1, Block 13 of Lakeview Ranch, Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet P, Page 363, Plat Records, Denton County, Texas; THENCE S 87° 39' 53" E, 374.24 feet with said south line of said Bullard tract to an iron rod set for comer; THENCE S 87° 52' 35" E, 1388.89 feet with said south line of said Bullard tract to an iron rod set for comer in Trinity Road, a public roadway; THENCE S 02° 43' 11" W, 2322.47 feet with said Trinity Road to an iron rod set for comer, said point being the northeast comer of that certain tract of land conveyed by deed from Shady Shores Limited Partnership to Irene McNett recorded in Volume 2936, Page 296, Real Property Records, Denton County, Texas; THENCE N 86° 53' 4t" W, 1394.52 feet with the north line of said McNett tract to an iron rod found for comer, said point being the northwest comer of said McNett tract; THENCE N 53° 42' 47" W, 134.40 feet to an iron rod set for comer in the southeast line of Lot 6 in said Block 9 of said Lakeview Ranch; THENCE N 40° 29' 30" E, 222.22 feet with said southeast line of said Lot 6 to an iron rod set for comer, said point being the southeast comer of Lot 5 in Block 9; THENCE N 25° 51' 36" W, 164.43 feet with the east line of said Lot 5 to an iron rod set . for comer; THENCE N 59° 01' 33" W, 40.87 feet with the east line of said Lot 5 to an iron rod set for comer; THENCE N 11° 41' 14" E, 13.74 feet with the east line of said Lot 5 to an iron rod set for comer; THENCE N 70° 06' 22" E, 54.81 feet with the east line of said Lot 5 to an iron rod set for comer; THENCE N 57° 31' 14" E, 88.39 feet with the east line of said Lot 5 and Lot 4 in said Block 9 to an iron rod set for comer; THENCE N 02° 08' 18" W, 88.68 feet with the east l/ne of said Lot 4 to an iron rod set for comer; THENCE N 34° 46' 25" W, 133.12 feet with the east line of said Lot 4 to an iron rod set for comer, said point being the southeast comer of Lot 3 in said Block 9; THENCE N 09° 48' 53" E, 213.32 feet with the east line of said Lot 3 to an iron rod set for comer; THENCE N 03° 07' 11" E, 349.74 feet with the east line of said Lot 3 and Lot 2 in said Block 9 to an iron rod set for comer; THENCE N 20° 19' 09" E, 116.20 feet with the east line of said Lot 2 to an iron rod set for comer, said point being the northeast comer of said Lot 2; THENCE N 89° 35' 31" W, 280.68 feet with the north line of said LOt 2 to an iron md found for comer, said point being the southeast comer of Lot 1 in said Block 9; THENCE N 00° 24' 46" E, 304.54 feet with the east line of said Lot 1 to an iron rod set for comer in the south line of Appaloosa Drive, a public roadway having a fight-of-way of 60.0 feet; THENCE N 05° 05' 40" W, 60.00 feet to an iron rod set for comer in the north line of said Appaloosa Drive; THENCE along the arc of a curve to the left having a central angle of 04° 58' 58", a radius of 630.00 feet, an arc length of 54.79 feet, whose chord bears S 82° 24' 51" W, 54.77 feet with said north line of said Appaloosa Drive to an iron rod set for comer, said point being the southeast comer of Lot 2 in said Block 13 of said Lakeview Ranch; THENCE N 00° 25' 08" E, 588.52 feet with the east line of said Lot 2 and Lot 1, Block 13 to the PLACE OF BEGINNING and containing 81.830 acres of land. EXHIBIT C Tract B 84.475 Acres BEING all that certain lot, tract or parcel of land situated in the Moreau Forrest Survey Abstract Number 417 in the City of Denton, Denton County, Texas being a part of certain "Tract r' and "Tract VIII" of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and being more particularly described as followed; BEGINNING at an iron rod found for comer in the south line of Blagg road, a public roadway having a fight-of-way of 60.0 feet, said point being the northeast comer of that certain tract of land conveyed by deed from Richard Stanley Musgrave and Michael Keith Musgrave, Trustees, to Brian Page recorded in Volume 4636, Page 1461, Real Property Records, Denton County, Texas; THENCE S 87° 22' 05" E, 523.24 feet with said south line of said Blagg Road to an iron rod found for comer, said point being the. southwest comer of Lot 9, Block 12 of Lakeview Ranch, Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet P, Page 363, Plat Records, Denton county, Texas; THENCE S 87° 11' 57" E, 166.79 feet with said south line of said Blagg Road to an iron md found for comer, said point being the northwest comer of Lot 1, Block 11 of Lakeview Ranch; THENCE S 02° 14' 33" W, 880.31 feet with the west line of said Block 11 to an iron rod found for comer, said point of being the southwest comer of Lot 4 in said Block 11; THENCE S 87° 46' 36" E, 39.95 feet with the south line of said Lot 4 to an iron rod found for comer, said point being the northwest comer of Lot 5 in said Block 11; THENCE S 02° 15' 06" W, 1913.16 feet with the west tine of said Block 11 to an iron rod found for comer in the south line of Draught Home Drive a public roadway having a right-of-way of 60.0 feet; THENCE S 88° 07' 12" E, 40.18 feet with said south line of said Draught Home Drive to an iron rod found for comer, said point being the northwest comer of Lot 19, in said Block 11 of said Lakeview Ranch; THENCE S 02° 11' 09" W, 842.80 feet with the west line of said Block 11 to an iron rod set for comer, said point being the southwest comer of Lot 21 in said Block 11; THENCE S 87° 18' 48" E, 287.02 feet with the south line of said Lot 21 to an iron rod set for comer; THENCE S 20° 21' 10" W, 52.88 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 12" 44' 38" E, 194.93 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 15° 05' 29" W, 82.58 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 32° 19' 00" E, 68.94 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 77° 34' 46" E, 191.50 feet with the south line of said Block 11 to an iron rod set for comer; THENCE N 54° 39' 49" E, 497.70 feet with the south line of said Block 11 to an iron rod set for comer in the west line of Lakeview Boulevard, a public roadway having a right-of-way of 80.0 feet; THENCE N 82° 35' 45" E, 80.00 feet to an iron rod set for comer in the east line of said Lakeview Boulevard; THENCE along the arc of a curve to the fight having a central angle of 05° I3' 36", a radius of 540.00 feet, an arc length of 49.26 feet, whose chord bears S 04° 55' 11" E, 49.24 feet with said east line of said Lakeview Boulevard to an iron rod set for comer in the west line of that certain tract of land conveyed by deed from Kevin P. Shuma to Darrell D. Haskins and Deborah L. Haskins recorded under Clerk's File Number 97-R0001578, Real Property Records, Denton County, Texas; THENCE S 00° 09' 06" E, 124.09 feet with said west line of said Haskins tract to an iron rod found for comer, said point being the northwest comer of that certain tract of land conveyed by deed from Mary Elizabeth Mitrikov to C. Wayne Jetton and wife, Lois L. Jet-ton recorded under Clerk's file Number 95-R0042324, Real Property Records, Denton County, Texas; THENCE S 02° 19' 43" W, 128.30 feet with the west line of said Jetton tract to an iron rod found for comer, said point being the northwest comer of that certain tract of land conveyed by deed from Mary Louise Bird et al to Leon Kimes recorded in Volume 1347, Page 392, Real Property Records, Denton County, Texas; THENCE S 02° 19' 43" W, 280.16 feet with the west line of said Kimes tract to an iron rod set for comer in the north line of Lot 67, Block 9 of said Lakeview Ranch; THENCE S 87° 09' 05" W, 76.44 feet to an iron rod set for comer in the proposed west line of said Lakeview Boulevard; THENCE S 29° 57' 13" W, 333.44 feet with said west line of said Lakeview Boulevard to an iron rod set for comer; THENCE along the arc of a curve to the tet~ having a central angle of 24° 48' 06", a radius of 480.00 feet, an arc length of 207.78 feet, whose chord bears S 17° 33' 09" W, 206.16 feet with said west tine of said Lakeview Boulevard to an iron rod set for comer in Mills Road, a public roadway; THENCE N 87° 26' 15" W, 816.75 feet with said Mills Road to an iron rod found for comer, said point.being the southeast comer of that certain tract of land conveyed by deed from B. B. Mills and Ruth P. Mills to Patricia Mills Chandler et al recorded in Volume 1743, Page 552, Real Property Records, Denton County, Texas: THENCE N 01° 26' 22" E, 1162.19 feet with the east line of said Chandler tract and with the east line of that certain "Tract IT' conveyed by deed from Bobby E. Mullins to Brad Archer recorded in Volume 4013, Page 1339, Real property Records, Denton County, Texas to an iron rod found for comer, said point being the northeast comer of said Archer "Tract II"; THENCE N 87° 19' 25" W, 681.62 feet with the north line of said Archer "Tract II" to an iron rod set for comer in the east line of that certain tract of land conveyed by deed from Bobby E. Mullins and wife, Minnie L. Mullins to The Bobby E. Mullins and Minnie L. Mullins Revocable Living Trust recorded in Volume 4732, Page 1974, Real Property Records, Denton County, Texas; THENCE N 02° 29' 20" E, 3638.93 feet with the east line of said Mullins Revocable Trust tract and with the east line of that certain tract of land conveyed by deed from Bobby E. Mullins to Brad Archer recorded under Clerk's File Number 96-R0015562 Real Property Records, Denton County, Texas and with the east line of that certain tract of land conveyed by deed from H.D. Prewitt and wife, Lavonia Jo Prewitt to Doug Prewitt and wife, Anna Kay Prewitt recorded in Volume 1965, Page 834, Real Property Records, Denton County, Texas and with the east line of said Page tract to the PLACE OF BEGINNING and containing 84.475 acres of land. EXHIBIT D WASTEWATER SYSTEM ANALYSIS for ENCLAVE at LAKEVIEW RANCH located in CITY OF DENTON, DENTON COUNTY (1/14/04) I. Introduction The Enclave at Lakeview Ranch is a residential community located within the City of Denton, approximately 4 ¼ miles east of Denton's downtown district. -The multi-tract property stretches from East University Drive (US 380/US 377) south to East McFdnney Street (FM 426) and is comprised of approximately 437 acres.. There are currently four zoning categories, NR-4, NR-6, N-RMU-12 and NRM-LI, which.impact the property. The proposed development of the Enclave at Lakeview Ranch encompasses five Sections, A through E. A projected 1,325 single-family homes will be constructed at project build- out. In the midst of three of the tracts that constitute the Enclave, there is a platted 155 single-family residential subdivision called Lakeview Ranch, Phase 1. -Within this community, there is an existing lift station, Lakeview Ranch Lift Station (LRLS),.and two gravity trunk lines, Existing $.$. Line 1 and Existing S.$. Line 2, that will be utilized by the proposed project. An analysis has been performed on the aforementioned lin station and sewer lines, as well as another existing lift station, Grissom Lift Station (GLS) to determine whether these facilities will require upsizing to accommodate the proposed. development. In addition, an analysis of two possible solutions to alleviate and expand the current wastewater collection system to serve the proposed Enclave at Lakeview Ranch has been completed. An engineer's opinion of probable cost will accompany each possible solution. A preliminary analysis of the entire basin, based on current zoning of the property, has also been completed in order to evaluate and resize the existing 10" and 12" gravity track line nmning southwest from the intersection of East McKirmey Road Wastewater Analysis for Enclave at Lakeview Ranch Page 1 of 10 and Grissom Road to a City of Denton treatment plant. The sizing of a larger lift station and force main(s) required to transport the wastewater for the entire basin also incorporates the zoning based analysis. The purpose for mentioning and sizing the overall lift station and subsequent force main(s) in this study is due to the location of the basin's low point within the proposed Enclave at Lakeview Ranch. There will be two possible solutions for the lift .station presented, each .accompanied by an engineer's opinion of probable cost, to accommodate the overall basin's projected wastewater flows. II. Wastewater Generation Projections The design criteria used to project the wastewater flows has been taken from the City of Denton's Water and.Wastewater Criteria Manual. An average of 3.2 persons per single- family dwelling and a wastewater flow of 100 gallons/person/day have been'used'to sum the average flow generated by the proposed development. An average of 3.0 persons per mobile home dwelling and a wastewater flow of 75 gallons/person/day have been used to sum the average flows currently being generated by both Vacation Village and Royal Oaks Mobile Home Park. Additional design methods, previously approved by City staff, have also been incorporated. One such method is the use of Harmon's peaking factor formula ( PF = 1 + [14/(4+¢P)], P = population in thousands). Harmon's formula has been applied to calculate the projected peak flow in cases where the cumulative population is greater than 1,000. Otherwise, a peaking factor of 4.0 has been applied, as directed by City of Denton staff. Inflow and infiltration, at a rate of 100 gallons/inch diameter of pipe/mile of pipe/day, has also been included in the wastewater projections. The capacities of all proposed gravity lines have been computed using the minimum allowable slope, per the City of Denton Criteria Manual, for its respective diameter. These capacities, as well as the capacities of other referenced slopes, are listed in Table I. IH. Existing Wastewater Collection System Wastewater Analysis for Enclave at Lakeview Ranch Page 2 of 10 The existing wastewater collection system, as found displayed on Exhibit 1 and Exhibit 2, consists of the following major components: a. LRLS - The LRLS currently has a capacity of 340 gpm *. b. GLS - The GLS currently has a capacity of 200 gpm * c. Existing S.S. Line 1 - This existing line is an 8" gravity line that up-sizes to a 10" gravity line in route to the LRLS. ' d. Existing S.S. Line 2- This existing line is an 8" gravity line. e. Existing S.S. Line 3 - This existing line is a 10" gravity line that up-sizes to a 12" gravity line in route to the treatment plant. -. · As provided by City Staff. The full flow capacities of the gravity lines are listed in Table I. The capacities are dictated by the slope of the respective lines.and calculated by using Manning's Equation, as stated in Section 4.4 of the Criteria Manual. IV. Existing Wastewater Collection System Analysis Lakeview Ranch Lift Station: The current configuration of the LRLS allows for a maximum pumping capacity of 340 gpm. After build-out of the previously platted Lakeview Ranch, Phase 1, the remaining pumping capacity in the LRLS will be approximately. 220 gpm. This is based upon 135 single-family residential lots contributing to both Existing S.S. Line 1 and Existing S.S. Line 2 at the specified flow rate of 100 gal/person/day and a peaking factor of 4. The reason for not including all 155 platted lots in the flow calculations is due to the lack of a sewer l/ne servicing Lots 1-9, Block 12, Lots 1-6, Block 9, Lots 1-3, Block I0 and Lots 1 & 2, Block 13, as shown on the "as-built" construction plans for Lakeview Ranch, Phase 1. The remaining pumping capacity of the LRLS would allow for an additional 247 single-family residential lots to be developed. This allows for approximately 78% of Section A to be constructed. In turn, with a projected peak flow of 265 gpm from Section B (297 single-family residential lots) and the remaining 49 gpm from Section A (70 }Vastewater Analysis for Enclave at Lakeview Ranch. Page 3 of 10 single-family residential lots) also flow to the LRLS, the lift station will require adequate. upgrade modifications to increase its pumping capacity. Existing Grissom Lift Station: According to the information provided by City staff, the GLS is currently running at capacity. Since the current configuration of the wastewater collection system has the force main from the LRLS discharging into a gravity line that flows into the GLS, along with the flow from the Royal Oaks Mobile Home Park, any additional flow into the LRLS would exceed the pumping capacity of the GLS. However, per correspondence and direction by City staff, modifications have been made to the GLS to allow for an additional 125 single-family residential lots to be built. After which, additional upgrade modifications will be required to increase the pumping capacity. At this time, the GLS is the limiting factor within the existing wastewater collection system. Existing S.S. Line 1: .- , Sections A and B are located to the north of the existing LRLS and will utilize Existing $.S. Lines 1 and 2, respectively. As shown in Table II, Section A has 317 single-family residential lots yielding a peak flow of 269 gpm. That flow will then be pumped via a small lit~ station to Existing $.$. Line 1. At~er adding the applicable 107 lots from Lakeview Ranch, Phase 1, a total peak flow of 352 gpm is introduced into the line. With a minimum slope of 0.30% along its 10" diameter portion, Existing S.$. Line 1 attains approximately 65% capacity. Refer to Table 1I for additional calculations. Existing S.S. Line 2: With the 297 projected single-family lots in Section B and the applicable 28 lots from Lakeview Ranch, Phase 1, a peak flow of 275 gpm is introduced to Existing S.$. Line 2. This leaves approximately 20% of full capacity available. Refer to Table ll for additional calculations. Existing S.S. Line 3: Wastewater Analysis for Enclave at Lakeview Ranch Page 4 of l O Currently, Vacation Village, 593 mobile home lots, Royal Oaks Mobile Home Park, 150 mobile home lots, and Lakeview Ranch, Phase 1 (approximately 85 developed lots) produce a total peak flow of approximately 474 gpm. With the inclusion of the additional 125 single-family residential lots that the Grissom Lif~ Station can currently accept, Existing S.S. Line 3 will experience a peak flow of approximately 562 gpm. Due to the current minimum slope of 0.46% along the 10" portion of the line, Existing S.S. Line 3 can handle a maximum of 665 gpm, yielding 85% capacity. V. Proposed Wastewater Collection System for the Enclave at Lakeview Ranch As previously mentioned, an analysis of two possible solutions to alleviate and expand the current wastewater collection system to serve the proposed Enclave at Lakeview Ranch has been performed. However, the scope of the following options incorporates only the existing wastewater flows and the projected flows created by the Enclave at Lakeview Ranch. An additional evaluation of the entire basin will be required .to adequately size the entire collection system if further development is to occur. Although the following two options differ, there are also similarities. These similarities include the construction of Proposed Lift Station "A" and its subsequent force main, the abandonment of the Grissom Lift station and corresponding force main, and the construction of a gravity tine, the Grissom Gravity Line, to Proposed Lift Station "C" to serve the Royal Oaks Mobile Home Park. Furthermore, the upsizing of Existing $.$. Line $ is required to completely serve Enclave at Lakeview Ranch, regardless of the configuration of the upstream collection system. Please refer to pages 1, 2a and 2b of the Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. Option 1: Option 1 incorporates Proposed Lift Station "C" being sized to accommodate Sections C, D and E from the proposed development, as well as the flow from the to-be-abandoned tVastewater Analysis for Enclave at Lakeview Ranch Page 5 of 10 Grissom Lift Station. This proposed lift station would be sized for a projected flow of approximately 654 gpm, 30% of which is from the GLS. The force main to accompany Proposed Lift Station "C" is required to be 300 linear feet. It would then discharge into a 12" diameter gravity line at an elevation of approximately 542.00 feet. In turn, this allows the wastewater to flow fi:om Proposed Lift Station "C" to the existing Lakeview Ranch Lift Station, which has an existing influent flow line at 520.90, according to the Lakeview Ranch Lift Station "as-built" construction plans dated 7/28/99. Since the wastewater fi:om proposed Sections A and B and Lakeview Ranch, Phase 1 also flow to the LRLS, upsizing modifications would be required to increase its pumping capacity to. 1280 gpm. A 12" diameter force main will cover a length of approximately 6,580 linear feet between the LRLS and its termination point at the be~nning of Existing $. $. Line 3 and its proposed updated gravity line, to be discussed in further detail in the subsequent sections. In turn, the existing 6" diameter force main from the LRLS and the 8" diameter gravity line leading the GIB would be abandoned. The configuration for this option is depicted in Sanitary Sewer Study Exhibit 1. Please refer to pages 3a and 3b of the Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. .Option 2: Option 2 also incorporates the construction of Proposed Lift Station "C", but it would be sized to accommodate all of the proposed Sections A through E, and all of the existing flow from Lakeview Ranch, Phase 1 and Royal Oaks Mobile Home Park, for a total of 1280 gpm. In turn, the existing LRLS, the corresponding 8" diameter force main and 8" diameter gravity line would be abandoned, as well as the GLS. A proposed 12" diameter gravity line would connect to the existing manhole adjacent to the LRLS at an elevation of 521.17, as stated in the Lakeview Ranch Lift Station "as-built" construction plans dated 7/28/99. This line will terminate at the Proposed Lift Station "C" with a flow line elevation of 511.00 feet. The wastewater would then be lifted and forced to the beginning of Existing $. $. Line 3 and its proposed updated gravity line, to be discussed Wastewater Analysis for Enclave at Lakeview Ranch Page 6 of 10 in further detail in the subsequent sections, via a 5,740 ~linear foot 12" diameter force main.' The configuration for this option is depicted in Sanitary Sewer Study Exhibit 2. Please refer to pages 4a and 4b of the Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. VI. Preliminary Analysis for the Entire Wastewater Basin Existing, S.S. Line 3: Despite the scope of the proposed-options for the wastewater collection system for the Enclave at Lakeview Ranch, the proposed pipe diameters and slopes for the replacement of Existing S.$. Line 3 have been determined by utilizing a preliminary evaluation of the entire basin. The evaluation has been based upon the current zoning of the land, the acreage of each zoning category and the City's description, requirements and restrictions of each category. The acreages of applicable Environmentally Sensitive Areas 0ESA), including, but not limited to, floodplain, riparian buffers and upland habitat, as delineated by the City of Denton, have been removed fi:om their respective zoning category. These figures have been outlined in Table IH. The results of the preYuninary basin evaluation yield a projected peak flow of approximately 5,490 gpm. Using the current horizontal alignment and a slightly modified vertical alignment of Existing S.S. Line 3, it has been determined that the necessary pipe sizes to adequately convey the projected flow are a 24" diameter with a minimum slope of 0.50% and a 27" diameter with a minimum slope of 0.30%. Lift Station for Entire Basin: Regardless of which proposed Option is chosen, a lift station capable of pumping the projected peak flow of 5,490 gpm will be required in the future to allow for any regional development. As previously stated, the proposed Enclave at Lakeview Ranch, will produce approximately 17.7% of the overall flow, therefore, a multi-chambered wet well with multiple force mains would sufficiently accommodate the projected wastewater flows. Adding the existing flows fi:om the mobile home parks and Lakeview Ranch, Wastewater Analysis for Enclave at Lakeview Ranch Page 7 of I 0 Phase 1, the demand will rise to 1280 gpm, or approximately 23.3% of the overall flow. The purpose for multiple chambers and force mains lies in the design of such. If a single force main designed for the ultimate flow is used, the velocity within the force main during initial "low-flow" conditions would not meet the City of Denton's minimum requirements. Lengthy storage times of the effluent within the force main would also be a consideration if a single force main were to be used. The multiple chambers within the wet well will allow for phasing of the lift station as development occurs and the wastewater flows gradually increase. The first phase chamber and force main will be designed for the existing flows from Lakeview Ranch, Phase I and Royal Oaks Mobile Home Park and the projected flows from the Enclave at Lakeview Ranch Sections A through E, along with the remaining lots to be developed in Lakeview Ranch, Phase t. Subsequent phases will incorporate aa additional chamber(s) and force main(s) to accommodate projected flows from the remainder of the basin. As mentioned in the analysis for the proposed wastewater collection system, a flow of 1,280 gpm will require a 12" diameter force main. The remaining 4,210 gpm can either be incorporated into one additional wet well chamber with a single 20" diameter force main, Option A, or one additional wet well chamber with two 12" diameter force mains, Option B. The possible solutions are further classified by combining the previously described lift station location options, Option 1 and Option 2, with the aforementioned Option A and Option B. This combines the location of the overall basin's lift station with the manner in which the lift station is configured. The results of the Option conSolidation are as follows: a. Option L,I: This options locates the proposed large lift station in the same position as the existing Lakeview Ranch Lift Station. This lift station will incorporate a two chamber wet well with two parallel force mains, one 12" diameter and one 20" diameter, terminating at a common point. b. Option lB: This option locates the proposed large lift station in the same position as the existing Lakeview Ranch Lift Station. This lift station will incorporate a two chamber wet well with three parallel 12" diameter force mains terminating at a common point. Wastewater ~4nalysis for Enclave at Lakeview Ranch Page 8 of 10 c. Option 2.4: This option locates the large lift station in the approximate position ~' of the Proposed Lift Station "C". This lift station will incorporate a two chamber' wet well with two parallel force mains, one 12" diameter and one 20" diameter, terminating at a common point. d. Option 2B: This option locates the large lift station in the approximate position of the Proposed Lift Station "C". This lift station will incorporate a two chamber wet well with three parallel 12" diameter force mains terminating at a common point. Please refer the Wastewater Study Exhibits 1 and 2 for the configuration of each of the above Options. Also, please refer to pages Sa, 5b, 6a, 6b, 7a, 7b, 8a and 8b of the En~neer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. VI. Conclusion In summary, it has been determined that despite which Option is constructed, three items remain constant. The first being the abandonment of the existing Grissom Lift Station and the corresponding force main. In turn, an 8" diameter gravity line will be constructed fi:om the current location of the GLS to the Proposed Lift Station "C". This leads directly to the second common factor. Proposed Lift Station "C" is required to be built in the location shown in Exhibits I and 2. However, the size of Proposed Lift Station "C" is not a common factor. The third constant is the upsizing of Existing S.S. Line 3. With the current flows from the mobile home parks and Lakeview Ranch, Phase 1, and the additional 125 single-family residential lots fi:om Section A, this line is currently at 85% capacity. The remaining portion of the conveyance capacity will allow approximately 125 single-family residential lots to be developed and connected upstream prior to this line requiring upsizing. Further upstream development will necessitate the construction of a larger line. The sizing of this line has been based on the current zoning of the tracts within the entire wastewater basin, as delineated on the Zoning Exhibit. gr'astewater.4nalysis for Enclave at Lakeview Ranch Page 9 of ! 0 The Options presented in the previous sections suggest possible solutions to alleviate and expand the current wastewater collection system. Option 1 and Option 2 offer local solutions for the development of Sections A through E of the Enclave at Lakeview Ranch. It appears as though Option 1 is the best short-term solution based on the probable costs accompanying this report. It utilizes the existing Lakeview Ranch List Station, with some upsizing modifications, and Proposed Lift Station "C" is required only to have a capacity large enough to accommodate Sections C, D and E and the existing flows from the Grissom Lift Station. After incorporating the projected wastewater flows from the entire basin and upon further analysis, Option 2 is the more economical solution, regardless of which force main configuration is selected. This is due in part to the length of force main required form the location of the existing LRLS to the to its termination point at the beginning of the gravity line to the treatment plant. Another contributor to the increased cost of Option lA and Option lB is the requirement to constructed an additional lift station. The two lifl station Options would also yield high operational and maintenance costs over time. In conclusion, although Option 1 is the optimum short-term solution to serve the proposed Enclave at Lakeview Ranch development, Option 2,4 is the most economical, both in construction costs and long term operational costs, for the entire basin. }Vastewater Analysis for Enclave at Lakeview Ranch Page 10 of l O APPENDIX A ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVI~W RANCH Job No: 10091 H'EM No. DESCRIPTION Location: City of Denton, Denton County UNIT QUANTITY UNIT PRICE Sanitary Sewer Facilities - Grissom Gravity Line 2. 3. 4. 5. 6. 8" SDR-35 P.V.C. L.F. 4' Dim Std. S.S. Manhole Ea. Extra Depth for 4' Dia. SSMH V.F. Trench Safety Ea. System Testing & TV Ea. Abandon & Dispose of L.S. Gissom Lif~ Station & Force Main 3,300 $16.00 6 $2,200.00 15 $110.00 3,300 $1.00 3,300 $2.00 1 $35,000.00 Client: Arcadia Realty Co. Page: 1 of 8 TOTAL COST $52,800.OO $13,200.00 $1,650.00 $3,300.00 $6,600.00 $35,000.00 Grissom Gravity Line Subtotal 10% Contingency Engineering & Surveying EaSement Acquisition Grissom Gravity Line Total $112,550.00 $11,255.00 $22,510.00 $20,000.00 $166~315.00 NOTE: ALL OF THE ABOVE SHALL BE PAID FOR WITH FUNDS PROVIDED BY THE CITY OF DENTON'S "CIP" PROGRAM. This Enginccr's opinion of probable construction cost is made on thc basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIF. W RANCH Job No: 10091 Ir! No. DESCRIPTION Location: City of Denton, Denton County Client: Arcadia Realty Co. Page: 2a of 8 UNIT TOTAL UNIT QUANTITY PRICE COST III i ill Ill iI Sanitary Sewer Facilities - Gravity Line to Wastewater Treatment Plant 1. 24" SDR-35 P.V.C. L.F. 3,331 $46.50 $154,891.50 2. 27" SDR-35 P.V.C. L.F. 1,545 $54.50 $84,202.50 3. 5' Dia. Std. S.S. Manhole Ea. 11 $3,500.00 $38,500.00 4. Extra Depth for 5' Dia. SSMH V.F. 50 $125.00 $6,250.00 5. Tie-In to Treatment Plant L.S. 1 $5,000.00 $5,000.00 6. Aerial Crossing w/Piers L.S. I $23,000.00 $23,000.00 7. Trench Safety L.F. 4,876 $5.00 $24,380.00 8. System Testing & TV L.F. 4,876 $2.00 $9,752.00 9. Bore 24" SS Under McKinney L.F. 175 $330.00 $57,750.00 Gravity Line to Treatment Plant Subtotal $403,726.00 10% Contingency $40,372.60 Engineering & Surveying $80,745.20 Gravity Line to Treatment Plant Total $524,843.80 NOTE: ALL OF THE ABOVE SHALL BE PAID FOR WITH FUNDS PROVIDED BY THE CITY OF DENTON'S "CIP" PROGRAM. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 Location: City of Denton, Denton County ITEM UNIT CITY No. DESCRIPTION ....... UNIT QUANT. PRICE.. COSTS Client: Arcadia Realty Co. Page: 2b of 8 DEVELOPER COST Sanitary Sewer Facilities - Gravity Line to Wastewater Treatment Plant (City Participation) 1. 24" SDR-35 P.V.C. L.F. 3,331 $46.50 $127,475.70 $27,415.80 2. 27" SDR-35 P.V.C. L.F. 1,545 $54.50 $69,298.66 $14,903.84 3. 5' Dia. Std. S.S. Manhole Ea. 11 $3,500.00 $31,685.50 $6,814.50 4. Extra Depth for 5' Dia. SSMH V.F. 50 $125.00 $5,143.75 $1,106.25 5. Tie-In to Treatment Plant L.S. 1 $5,000.00 $4,115.00 $885.00 6. Aerial Crossing w/Piers L.S. 1 $23,000.00 $18,929.00 $4,071.00 7. Trench Safety L.F. 4,876 $5.00 $20,064.74 $4,315.26 8. System Testing & TV L.F. 4,876 $2.00 $ 8,025.90 $1,726.10 9. Bore 24" SS Under McKinney L.F. 175 $330.00 $47,528.25 $10,221.75 Gravity Line to Treatment Plant Subtotal $332,266.50 $71,459.50 10% Contingency $33,226.65 $7,145.95 Engineering & Surveying $66,453.30 $14,291.90 Gravity Line to Treatment Plant Total $431,946.45 $92,897.35 NOTE: ENCLAVE at LAKEVIEW RANCH CONTRIBUTES 17.7% OF OVERALL FLOWS, THEREFORE, THE CITY COSTS REFLECT REMAINING 823% OF OVERALL COSTS. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091" Location: City of Dent0n, Denton County ITEM UNIT No. DESCRIPTION UNIT QUANTITY PRICE Client: Arcadia Realty Co. Page: 3a of 8 TO~AL ' COST Sanitary Sewer Facilities - Option 1 1. Lift Station for 654 gpm L.S. 1 $215,000.00 $215,000.00 2. 12" SDR-35 PVC L.F. 4,062 $29.50 $119,829.00 3. 6" C-900 DR-18 PVC Flvl L.F. 300 $15.50 $4,650.00 4. 12" C-900 DR-18 PVC FM L.F. 6,580 $25.00 $164,500.00 5. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $28,000.00 6. Extra Depth for 5' Dia. SSMI-I V.F. 32 $125.00 $4,000.00 7. Trench Safety L.F. 10,942 $1.00 $10,942.00 8. System Testing & TV L.F. 10,942 $2.00 $21,884.00 9. Upsize Existing Lakeview Ranch L.S. 1 $160,000.00 $160,000.00 Lift Station for 1280 gpm Sanitary Sewer Option 1 Subtotal $728,805.00 10% Contingency $72,880.50 Engineering & Surveying $145,761.00 Sanitary Sewer Option 1 Total $947,446.50 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor matexial or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER*S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 1TgM No. DESCRIPTION Location: City of Denton, Denton County UNIT QUANT. PRICE crfv COSTS Sanitary Sewer Facilities - Option I (City Participation) 2. 3. 4. 5. 6. 7. 8. 9. Lift Station for 654 gpm L.S. 1 12" SDR-35 PVC L.F. 4,062 6" C-900 DR-18 PVC FM L.F. 300 12" C-900 DR-18 PVC FM L.F. 6,580 5' Std. S.S. Manhole Ea. 8 Extra Depth for 5' Dia. SSMH V.F. 32 Trench Safety L.F. 10,942 System Testing & TV L.F. 10,942 Upsize Existing Lakeview Ranch L.S. 1 Lif~ Station for 1280 gpm Client: Arcadia Realty Co. Page: 3b of 8 Sanitary Sewer Option 1 Subtotal DEVELOPER COST 10% Contingency Engineering & Surveying Sanitary Sewer Option 1 Total $215,000.00 $32,250.00 $182,750.00 $29.50 $17,974.35 $101,854.65 $15.50 $697.50 $3,952.50 $25.00 $39,480.00 $t25,020.00 $3,500.00 $4,200.00 $23,800.00 $125.00 $600.00 $3,400.00 $1.00 $2,188.40 $8,753.60 $2.00 $4,376.80 $17,507.20 $160,000.00 $38,400.00 $121,600.00 $140,167.05 $14,016.71 $28,033.41 $182,217.17 $588,637.95 $58,863.80 $I 17,727.59 $765,229.34 NOTES: 1. Enclave at Lakeview Ranch contributes approximately 85% of the overall flow to the Proposed Lift Station "C", therefore, items 1, 2, 3, 5 and 6 have been reduced by 15% reflecting existing flows fi.om the Grissom Lift Station. 2. Enclave at Lakeview Ranch contributes approximately 76% of the overall flow to the existing Lakeview Ranch Lift Station, therefore, items 4 and 9 have been reduced by 24% reflecting existing flows fi.om the Grissom Lift Station and l_atkeview Ranch, Phase 1. 3. Items 7 and 8 have been reduced by 20%. This reflects the weighted average of Notes I & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary fxom the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 ' No. DESCRIPTION Location: City of Denton, Denton County PRICE Client: Arcadia Realty Co. Page: 4a of 8 TOTAL COST Sanitary Sewer Facilities - Option 2 2. 3. 4. 5. 6. 7. 8. Lift Station for 1280 gpm 12" SDR-35 PVC 12" C-900 DR-18 PVC FM 5' Std. S.S. Manhole Extra Depth for 5' Dia. SSMH Trench Safety System Testing & TV Abandon & Dispose of Existing Lakeview Ranch Lift Station & Force Main L.S. 1 L.F. 4,480 L.F. 5,741 Ea. 9 V.F. 36 L.F. 10,221 L.F. 10,221 L.S. 1 $385,000.00 $29.50 $25.00 $3,500.00 $125.00 $1.00 $2.00 $60,000.00 $385,000.00 $132,160.00 $143,525.00 $31,500.00 $4,5O0.O0 $10,221.00 $20,442.O0 $60,000.00 Sanitary Sewer Option 2 Subtotal 10% Contingency Engineering & Surveying Sanitary Sewer Option 2 Total $78%348.00 $78,734.80 $15%469.60 $1,023,552.40 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 No. DESCRIPTION Location: City of Denton, Denton County IIllllll I !Il I~ Ill UNIT .,.QUANT. PRICE CITY COSTS Sanitary Sewer Facilities - Option 2 (City Participation) Client: Arcadia Realty Co. Page: 4bof8 DEVELOPER COST 1. Lift Station for 1280 gpm L.S. 1 $385,000.00 $92,400.00 $292,600.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $25,110.40 $107,049.60 3. 12" C-900 DR48 PVC FM L.F. 5,741 $25.00 $34,446.00 $109,079.00 4. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $5,985.00 $25,515.00 5. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $855.00 $3,645.00 6. Trench Safety L.F. 10,221 $1.00 $2,350.83 $7,870.17 7. System Testing & TV L.F. 10,221 $2.00 $4,701.66 $15,740.34 8. Abandon & Dispose of Existing L.S. 1 $60,000.00 $60,000.00 $0.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2 Subtotal 10% Contingency $225,848.89 $22,584.89 $561,499.11 $56,149.91 Engineering & Surveying Sanitary Sewer Option 2 Total $45,169.78 $293,603.56 $112,299.82 $729,948.84 NOTES: 1. Enclave at Lakeview Ranch contributes approximately 76% oft. he overall flow to the Proposed Lift Station "C", therefore, items 1 and 3 have been reduced by 24% reflecting existing flows from the Grissom Lift Station and Lakeview Ranch, Phase I. 2. Enclave at Lakeview Ranch contributes approximately 81% of the overall flow in the proposed 12" gravity line flowing to thc Proposed Lift Station "C", therefore, items 2, 4 and 5 have been reduced by 19% reflecting existing flows from Lakeview Ranch, Phase 1. 3. Items 6 and 7 have been reduced by 23%. This reflects the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary fxom the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 ':' ITEM No. DESCRIPTION Location: City of Denton, Denton County UN1T QUANTITY PRICE Sanitary Sewer Facilities - Overall Basin Lift Station - Option lA Client: Arcadia Realty Co. Page: 5a of 8 TOTAL COST 10. 17,522 $1.00 $17,522.00 11. 17,522 $2.00 $35,044.00 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $895,000.00 2. Lift Station for 654 gpm L.S. 1 $215,000.00 $215,000.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $4,650.00 4. 12" C-900 DR-18 PVC FM L.F. 6,580 ~ $25.00 $164,500.00 5. 20" C-151 Class 51 D.I. FM L.F. 6,580 $42.00 $276,360.00 6. 12" SDR-35 PVC L.F. 4,062 $29.50 $119,829.00 7. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $28,000.00 8. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $4,000.00 9. FM Fittings, Air Release Valves, L.S. 1 $50,000.00 $50,000.00 Vacuum Breaker Valves Trench Safety L.F. System Testing & TV L.F. Sanitary Sewer Option lA Subtotal 10% Contingency Engineering & Surveying Sanitary Sewer Option lA Total $1,809,905.00 $180,990.50 $361,981.00 $2,352,876.50 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of/ts actual detailed design. In addition the engineer has no control over the cost of labor material or serv/ces to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER*S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 Location: City of Denton, Denton County ITEM ...... UNiT CITY No, DESCRIPTION UNIT QUANT. PRICE COSTS Client: Arcadia Realty Co. Page: 5b ot'8 DEVELOPER COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option lA (City Participation) 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $736,585.00 $158,415.00 2. Lift Station for 654 gpm L.S. 1 $215,000.00 $64,500.00 $150,500.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $1,395.00 $3,255.00 4. 12" C-900 DR-18 PVC FM L.F. 6,580 $25.00 $135,383.50 $29,116.50 5. 20" C-151 Class 51 D.I. FM L.F. 6,580 $42.00 $227,444.28 $48,915.72 6. 12" SDR-35 PVC L.F. 4,062 $29.50 $35,948.70 $83,880.30 7. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $8,400.00 $19,600.00 8. Extra Depth for 5' Dia. SSMIt V.F. 32 $125.00 $1,200.00 $2,800.00 9. FM Fittings, Air Release L.S. 1 $50,000.00 $41,150.00 $8,850.00 Valves, Vacuum Breaker Valves 10. Trench Safety L.F. 17,522 $1.00 $12,090.18 $5,431.82 11. System Testing & TV L.F. 17,522 $2.00 $24,180.36 $10,863.64 Sanitary Sewer Option lA Subtotal $1,288,277.02 $521,627.98 10% Contingency $128,827.70 $52,162.80 Engineering & Surveying $257,655.40 $104~325.60 Sanitary Sewer Option lA Total $1,674,760.13 $678,116.37 NOTES: 1. Enclave at Lakeview Ranch contributes 17.7% of the ovomlt flow, therefore, items 1, 4, 5 and 9 have been reduced by 82.3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 70% of the overall flow to the Proposed Lift Station "C", therefore, items 2, 3, 6, 7 and 8 have been reduced by 30% reflecting existing flows from the Grissom Lift Station. 3. Items 10 and 11 have been reduced by 69% to reflect the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin 8; Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 'ITEM ' ' No. DESCRIPTION Location: City of Denton, Denton County UNIT QUANTITY PRICE Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2A 2. 3. 4. 5. 6. 7. 9. 10. Lift Station for 5,490 gpm L.S. 12" SDR-35 PVC L.F. 12" C-900 DR-18 PVC FM L.F. 20" C-151 Class 51 D.I. FM L.F. 5' Std. S.S. Manhole Ea. Extra Depth for 5' Dia. SSMH V.F. FM Fittings, Air Release Valves, L.S. Vacuum Breaker Valves Trench Safety L.F. System Testing & TV L.F. Abandon & Dispose of Existing L.S. Lakeview Ranch Lift Station & Force Main Client: Arcadia Realty Co. Page: 6a of 8 TOTAL COST 1 $895,000.00 $895,000.00 4,480 $29.50 $I32, t60.00 5,741 $25.00 $143,525.00 5,741 $42.00 $241,122.00 9 $3,500.00 $3 t ,500.00 36 $125.00 $4,500.00 1 $50,000.00 $50,000.00 15,962 $1.00 15,962 $2.00 1 $60,000.00 $15,962.00 $31,924.00 $60,000.00 Sanitary Sewer Option 2A Subtotal 10% Contingency Engineering & Surveying Sanitary Sewer Option 2A Total $1,605,693.00 $160,569.30 $321,138.60 $2,087,400.90 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative/n nature until completion of its actual detailed design. In addition the eng/neer has no control over the cost of labor mater/al or services to be furnished by others or over market conditions. Accordingly Ooodwin & Marshall, Inc. can not guarantee that actual costs w/Il not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia .. Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 6b of 8 ITEM UNIT CITY i~EVELOPER No. DESCRIPTION UNIT QUANT. PRICE COSTS COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2A (City Participation) 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $736,585.00 $158,415.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $25,1 t0.40 $107,049.60 3. 12" C-900 DR-18 PVC FM L.F. 5,741 $25.00 $118,121.08 $25,403.93 4. 20" C-151 Class 51 D.I. FM L.F. 5,741 $42.00 $198,443.41 $42,678.59 5. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $5,985.00 $25,515.00 6. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $855.00 $3,645.00 7. FM Fittings, Air Release L.S. 1 $50,000.00 $41,150.00 $8,850.00 Valves, Vacuum Breaker Valves 8. Trench Safety L.F. 15,962 $1.00 $10,375.30 $5,586.70 9. System Testing & TV L.F. 15,962 $2.00 $20,750.60 $11,173.40 10. Abandon & Dispose ofExistin~ L.S. 1 $60,000.00 $0.00 $60,000.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2A Subtotal $1,157,375.78 $448,317.22 10% Contingency $115,737.58 $44,831.72 Engineering & Surveying $231,475.16 $89,663.44 Sanitary Sewer Option 2A Total $1,504,588.52 $582,812.38 NOTES: 1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 3, 4 and 7 have been reduced by 82.3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 81% of the overall flow in the proposed 12" gravity line flowing to the Proposed Lift Station "C", therefore, items 2, 5 and 6 have been reduced by 19% reflecting existing flows from Lakeview Ranch, Phase 1. 3. Items 8 and 9 have been reduced by 65% to reflect the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 ITEM No. DESCRIPTION Location: City of Denton, Denton County UNIT QUANTITY PRICE Sanitary Sewer Facilities - Overall Basin Lift Station - Option lB Client: Arcadia Realty Co. Page: 7a of 8 TOT~, ' COST 1. LiR Station for 5,490 gpm L.S. 1 $895,000.00 $895,000.00 2. Lift Station for 654 gpm L.S. 1 $215,000.00 $215,000.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $4,650.00 4. 12" C-900 DR-18 PVC FM L.F. 19,740 $25.00 $493,500.00 5. 12" SDR-35 PVC L.F. 4,062 $29.50 $119,829.00 6. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $28,000.00 7. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $4,000.00 8. FM Fittings, Air Release Valves, L.S. 1 $50,000.00 $50,000.00 Vacuum Breaker Valves 9. Trench Safety L.F. 24, t 02 $1.00 $24,102.00 10. System Testing & TV L.F. 24,102 $2.00 $48,204.00 Sanitary Sewer Option IB Subtotal 10% Contingency Engineering & Surveying Sanitary Sewer Option lB Total $1,882,285.00 $188,228.50 $376,457.00 $2,446,970.50 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 Location: City of Denton, Denton County n' M ....... UNIT No. DESCRIPTION LDilT LIANTITY PRiCE Client: Arcadia Realty Co. Page: 7b of 8 CITY DEVELOPER COSTS COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option lB (City Participation) 1. Lit~ Station for 5,490 gpm L.S. 1 $895,000.00 $736,585.00 $158,415.00 2. Lift Station for 654 gpm L.S. 1 $215,000.00 $64,500.00 $150,500.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $1,395.00 $3,255.00 4. I2" C-900 DR-18 PVC FM L.F. 19,740 $25.00 $406,150.50 $87,349.50 5. 12" SDR-35 PVC L.F. 4,062 $29.50 $35,948.70 $83,880.30 6. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $8,400.00 $19,600.00 7. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $1,200.00 $2,800.00 8. FM Fittings, Air Release L.S. 1 $50,000.00 $41,150.00 $8,850.00 Valves, Vacuum Breaker Valves 9. Trench Safety L.F. 24,102 $1.00 $16,630.38 $7,471.62 10. System Testing & TV L.F. 24,102 $2.00 $33,260.76 $14,943.24 Sanitary Sewer Option lB Subtotal $1945,220.34 $537,064.66 10% Contingency $134,522.03 $53,706.47 Engineering & Surveying $269,044.07 $107,412.93 Sanitary Sewer Option lB Total $1,748,786.44 $698,184.06 NOTES: 1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 4 and 8 have been reduced by 82.3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 70% of the overall flow to the Proposed Lift Station "C", therefore, items 2, 3, 5, 6 and 7 have been reduced by 30% reflecting existing flows fi.om the Grissom Lift Station. 3. Items 9 and 10 have been reduced by 69% to reflect the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over thc cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Job No: 10091 ITEIV/' ~' No. DESCRIPTION Location: City of Denton, Denton County UNIT UNIT QUANTITY PRICE Client: Arcadia Realty Co. Page: 8aof8 TOTAL COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2B 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $895,000.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $132,160.00 3. 12" C-900 DR-18 PVC FM L.F. 17,223 $25.00 $430,575.00 4. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $31,500.00 5. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $4,500.00 6. FM Fittings, Air Release Valves, L.S. 1 $50,000.00 $50,000:00 Vacuum Breaker Valves 7. Trench Safety L.F. 21,703 $1.00 $21,703.00 8. System Testing & TV L.F. 21,703 $2.00 $43,406.00 9. Abandon & Dispose of Existing L.S. 1 $60,000.00 $60,000.00 Lakev/ew Ranch Lift Station & Force Main Sanitary Sewer Option 2B Subtotal $1,668,844.00 10% Contingency $166,884.40 Engineering & Surveying $333,768.80 Sanitary Sewer Option 2B Total $2,169,497.20 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Job No: 10091 Project: ENCLAVE at LAKEVIEW RANCH Location: City of Denton, Denton County ITEM UNIT" CITY No. DESCRIPTION UNIT 21ANTITY PRICE COSTS II 15 I ~l II iiI llll Client: Arcadia Realty Co. Page: 8b of 8 DEVELOPER COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2B (City Participation) 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $736,585.00 $158,415.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $25,110.40 $107,049.60 3. 12" C-900 DR-18 PVC FM L.F. 17,223 $25.00 $354,363.23 $76,211.78 4. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $5,985.00 $25,515.00 5. Extra Depth for 5' Dia. SSlVlH V.F. 36 $125.00 $855.00 $3,645.00 6. FM Fittings, Air Release L.S. 1 $50,000.00 $4t,150.00 $8,850.00 Valves, Vacuum Breaker Valves 7. Trench Safety L.F. 21,703 $1.00 $14,106.95 $7,596.05 8. System Testing & TV L.F. 21,703 $2.00 $28,213.90 $15,192.10 9. Abandon & Dispose ofExistin~ L.S. 1 $60,000.00 $0.00 $60,000.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2B Subtotal 10% Contingency Engineering & Surveying Sanitary Sewer Option 2B Total $1,206,369.48 $120,636.95 $241,273.90 $1,568,280.32 $462,474.53 $46,247.45 $92,494.91 $601,216.88 NOTES: 1. Enclave at Lakev~ew Ranch contributes 17.7% of the overall flow, therefore, items 1, 3 and 6 have been reduced by 82,3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 81% of the overall flow in the proposed 12" gravity line flowing to the Proposed Lift Station "C", therefore, items 2, 4 and 5 have been reduced by 19% reflecting existing flows from Lakeview Ranch, Phase 1. 3. Items 7 and 8 have been reduced by 65% to reflect the weighted average of Notes 1 & 2. This Enginccr's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must bo recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual derailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Ooodw~in & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. APPENDIX B TABLE 1 Diameter of Pipe (inches) Slope Capacity (MGD) Capacity (gpm) 8 0.36% 0.46 326 8 b.40% 0.50 '" 344 8 0.41% 0.53 348 8 0.45% 0.50 364 8 1.87% 1.07 744 8 1.91 % 1.08 752 8 2'i~8% 1.26 '" 874 8 3.16% 1.40 967 10 0.25% 0.46 490 10 0.26% 0.50 500 10 0.30% 0.53 537 ':lo 0.46% 0.96 665 10 0.48% 0.98 '" 679 10 0.80% 1.26 876 10 1.40% ...... 1".67 1159 10 2.86% 2.39 1657 12 0.20% 1.03 716 12 0.30% 1.26 877 24 0.50% 10.34 7179 24 0.74% 12.58 8734 24 0.75% 12.66 8793 2',~ 1.14% 15.61 10841 24 1.80% 19.62 ....... 13622 27 0.3~% 10.96 ..... 7610 PROPOSED LIFT 81'A11ON 'A° PROPOSED FORCE MAiN | E~I~TING 8" FORCE MAJN GRAVITY MAIN E]QSTING 8" EX]STING GRISSOM LIFT STATION PROPOSED 8' GRAVITY MAIN GRAVITY MAIN (OVERSI2SD) (OVENS]ZE} FORCE MAIN (OVERSQF.) PECAN CREEK WATER RECLAMATI'ON PLANT PROPO.SED LFT STA'IION "E" ~ Miles 0 0.25 0.5 1 EXHIBIT E LAKEVIEW RANCH SANITARY SEWER FACILITIES SCIIEDULF. 6/14/04 9/2/04 11/15/04 12/1/04 7/1/05 Initiate Construction Plans for Lift Station C, Force Main & Lakeview Ranch Gravity Line Submit Construction Plans for Lift Station C, Force Main & Lakeview Ranch Gravity Line Approval of Construction Plans Initiate Construction of Lift Station C, Force Main & Lakeview Ranch Gravity Line Complete Construction of Lift Station C, Force Main & Lakeview Ranch Gravity Line EXHIBIT "F" MEMORANDUM OF AGREEMENT RESTRICTIVE COVENANTS STATE OF TEXAS COUNTY OF DENTON KNOW ALL PERSONS BY THESE PRESENTS THIS Memorandum of Agreement and Restrictive Covenants ("Restrictive Covenants") are made and entered into as of the day of ,2004, by and between the City of Denton, Texas (the "City") and Canyon Energy Partners, Ltd., a Texas Iimited partnership (the "Property Owner"). WHEREAS, the Property Owner is the developer of a residential subdivision project located in the City of Denton, County of Denton, Texas as more particularly described in Exhibit "A" (the "Phase One Property") as well as other real property commonly known as the Enclave at Lakeview Ranch (the "Development"); and WHEREAS, there is insufficient capacity in the City's sanitary system to serve the demands and needs created by the development of the Phase One Property; and WHEREAS, On February __., 2004 the City and Property Owner entered into that certain Agreement for the Provision of Sanitary Sewer Facil/ties providing for the design and construction of sanitary sewer facilities to meet the needs of the Phase One Property, the Development and the City as a whole (the "Agreement"); and WHEREAS, a true and correct original of the Agreement is on file in the Office of the City Secretary, Denton City Hall, 215 E. McKinney, Denton, . Texas 76201, which Agreement is incorporated herein by reference; and WHEREAS, the City and Property Owner have entered into the Restrictive Covenants to put all third.parties and subsequent owners of the Phase One Property on notice of the restrictive covenants contained in the Agreement which are binding on the Phase' One Property and all owners thereof. NOW THEREFORE, in consideration of the covenants contained in the Agreement, the City and Property Owner agree as follows: 1. Section 7 of the Agreement contains covenants running with the Phase On.e Property, which reads as follows: 7. It has been determined that the City's existing sanitary sewer' system has insufficient capacity to serve all of the needs for the development of the Phase One Property. It is agreed that not more than 125 single family residences ("Maximum Residences") shall Agreement - Page. 16 2576.3 receive final inspection approval from the City Building Official allowing occupancy of the residences for the Phase One Property unless and until the Developer's Construction Project has been completed and finally accepted by the City (the "Completion of Developer's Improvements"). Such final inspection .approval will be made on a first come first serve basis. Except as provided in Section 6 above, the City shall have the right to withhold final inspection approval for residences above the Maximum Residences until the Completion of Developer's Improvements. The Developer, as the sole owner of the Phase One Property, hereby declares that all of the Phase One Property shall be held, sold and conveyed subject to the covenants contained in this Section 7 (no other terms in this Agreement shall be binding upon a subsequent owner) which are covenants touching and running with the Phase One Property and shall be binding on all parties having any right, title or interest in the Phase One Property or any part thereof, either now or in the future, and their successors, heirs and assigns, and shall inure to the benefit of the Developer, the City and their successors and assigns. The City and Developer have simultaneously entered into a Memorandum of Agreement and Restrictive Covenants (the "Restrictive Covenants") in substantially the same form as the Restrictive Covenants attached hereto and made a part hereof by reference as Exhibit "F". The Restrictive Covenants shall be recorded in the Real Property Records of Denton County, Texas. Upon completion and acceptance of the Developer's Construction Project the City shall file in the Real Property Records of Denton County a release releasing the Restrictive Covenants, and it shall not be necessary that the Developer, or its successors or assigns, join in any such release for same to release the Restrictive Covenants. NOTWITHSTANDING ANY PROVISION HEREIN, THE FIRST 125 SINGLE FAMILY RESIDENCES IN THE PHASE ONE PROPERTY WHICH RECEIVE FINAL INSPECTION APPROVALS FROM THE CITY ARE NOT SUBJECT TO THE FOREGOING RESTRICTIVE COVENANTS. 2. Any person who sells or conveys any portion of the Phase One Property shall prior to such sale or conveyance give separate written notice of the Agreement and these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to.the City including a copy.of such written notice. Notice to the City shatl be addressed as follows: City Manager City Hall City o f Denton 215 E. McKinney Denton, Texas 76201 3. These Restrictive Covenants are to run with the land described herein as the Phase One Property and shall be binding on all parties and all persons claiming under them, and any future owners of the Phase One Property for a period of twenty-five years from the date hereof or until released by the City. 4 These Restrictive Covenants and the Agreement may be enforced by the Property Owner and the City, and their successors, heirs or assigns by any proceeding at law or in equity. Failure by the Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the fight to do so thereafter. Agreement - Page 17 2576.3 5. Invalidation of any of the covenants or provisions contained in this instrument or the Agreement by judgment or court order' shall not in any manner affect any of. the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect. 6 No subsequent change in the law shall in anyway affect the validity or enforceability of these Restrictive Covenants and the Agreement. 7. If there are any existing liens against the Phase One Property, the Property Owner shall obtain from such lien holders written subordination agreements subordinating such liens to these Restrictive Covenants and the Agreement and the rights of the City hereunder. Such subordination agreements shall be in recordable form and shall be submitted to the City within 30 days of the Effective Date of the Agreement. The parties hereto have executed these Restrictive Covenants to be effective as of the date first above written (the "Effective Date"). THE CITY OF DENTON, TEXAS By: ATTEST: jENNIFER WALTERS, CITY SECRETARY Michael A. Conduff, City Manager 215 E. McKinney Denton, Texas 76201 Fax No. (940) 349-8596 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY' BY: CANYON ENERGY PARTNERS, LTD. BY: Gary D. Douglas, ViCe President Address: 300 N. Marienfeld, Suite 1100 Midland, Texas 79701 Fax No.(432) 686-6469 Agreement- Page 18 2576.3 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of ,2004 by Michael A. Conduff, City Manager of the City of Denton, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for State of Texas STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this day of ___, 2004 by Gary D. Douglas, the Vice President of Canyon Energy Partners Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public in and for State of Texas Agreement - page 19 2576.3 City 2 004-2 008 Capital D~-tproveme~t3~ .Pr~/ect ]~r~ject 7~' tle: Grissom Lift 8tatior~ Re,novation of the Lift Station serving the Pecan Creek wastewater basin Bt,~.~e,s'x [3fft: 640200 Wastewater- Cd!ection ~Proj~ct ~7~et Growth Pr~5~x'~ct S'cope; MultkYear Project Cc~tegory Cod~u 022 L!F~STATION IMPROVEMENTS ..... Project TO~/; Sl 633. 000.00 Purpose: To increase pumping capacity an, d prevent potential wastewa(er backup and overflew as a result of grewfh and development in (he Lakeview Ranch subdi'vsfon. The existing lift station is current:!y at the existing design capacity. EXHIBIT 4 ~d~e.~'cl~ Se?~ember 24, 2~201~ 68 Page CiOJ' of Denton 2 004-2008 CaPital ]~nprovements Prr~[ect Project D~scriptio~-~: Grissom Wastewater ];~'terceptor Ex~e~,sd a [oral of 6~800 ft of 18", 15" and 12" wastewater Ii,se along Trinity ~%ad south of Mills ?~z~;~hzea-,~, U~d~: 640200 Wastewater.~. Ooileotion Project ~v~.~e: Growth ~rc4/ect .S~:ope: MuIti-Year Pro~ect Categ¢~, Codex 005 COLLECTION SYSTEM UPGRADE Bonds 2004 2004 i $'i~I0'0C'0'00 i 840 000 00 2004 I 30100 1385 i ............... ' ' -. r ~ ........ 4 h ; , / 8150 000,00 i Purpose: To reduce potential system ove~lows and provide cap~c~y for the grow[h in eastern Pecan Bas[ns - Lakeview Raach by co;~astructin9 a para e sterceptor !~ne. · ,39 ~'age ]] CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES May 10, 2004 Draft 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, May 10, 2004, at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bill Cheek, George Hopkins, Charldean Newell, and Don White EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: Yolanda Guzman Dick Smith ITEMS FOR INDIVIDUAL CONSIDERATION: 4) Receive a report on the wastewater master plan for the Enclave at Lakeview Ranch, and consider approval of the Agreemem for the Provision of Sanitary Sewer Facilities for the proposed subdivision with Canyon Energy Partners, Ltd. P.S. Arora, Assistam Director of Wastewater Utilities, presented this item. Canyon Energy Partners, Ltd. has proposed developing 437 acres of land spanning from US 380 to South of McKinney Street. The proposed development named Enclave at Lakeview Ranch will include 1,325 single family homes at project build-out. The Enclave property lies within a much larger sewer basin. The existing wastewater facilities in this basin are inadequate to serve the proposed sub-division and future off-site development. The developer's engineer working with staff has idemified the projected wastewater service needs of the emire sewer basin including the Enclave sub-division along with projected sewer flows from the Enclave. A master plan to serve the entire sewer basin has been prepared by the developer's engineer and reviewed by staff. The developer is proposing an "Agreemem for the Provision of Sanitary Sewer Facilities", which provides the framework to bind the City and the developer imo performing the tasks necessary to complete the project to provide sewer service to Enclave. Board Member Bill Cheek moved to approve the agreement, with a second from Board Member George Hopkins. The motion passed by a vote of 5-0. Page 1 of 1 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 18, 2004 Parks and Recreation Department Howard Martin, 349-8232 ~ SUBJECT Hold a public hearing and consider adoption of an ordinance graining approval of a surface use of a portion of Briercliff Park for the purpose of a public street easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code. BACKGROUND The City of DeNon Engineering Departmem has requested the use of 0.546 acres of Briercliff Park for the purpose of a new street right of way in order to construct a new roadway known as Unicom Boulevard. The alignmem is requested to avoid a floodway and not impact the waters of the United States. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." Parks and Recreation Departmem and the City of Demon Engineering staff have reviewed all possible alternatives. These alternatives included: Terminate Unicorn Lake Boulevard at the south Unicom Lake Developmem property line. This option is not feasible due to the existing commerce investmems along existing roadways Select another route through the city that would not cross Briercliff Park at this location. Consider re-routing using Wind River Boulevard and 1-35E service roads. Due to the volume of traffic anticipated and the one-way 1-35E service roads, this is infeasible with the surrounding streets unsuitable to handle the traffic. o Construct the proposed Unicorn Lake Boulevard in the existing right of way established. This option may not be prudent as it will produce significant time delays of revising FEMA flood maps and additional roadway design expenses are needed. Allow the construction of the new proposed Unicorn Lake Boulevard onto a 0.546- acre strip of park property. This will provide for a safe route out of the floodway creating little impact to the Park. Pedestrian Trails will be constructed along with the street to provide connectivity to the proposed future Park and Recreational lands at the Unicorn Lake Development. OPTIONS City Council may approve or deny the recommendation to a allow the construction of the new proposed Unicom Lake Boulevard onto a 0.546-acre strip of Briercliff Park, select any one of the other three options outlined above, or request staff to submit an alternative not listed. RECOMMENDATION After reviewing all alternatives, staff recommends approval of Option 4 to construct a new roadway known as Unicom Lake Boulevard using a 0.546-acre portion of Briercliff Park. There will be no major impact on current or future park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in June 2004. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board considered this item on May 3, 2004 and unanimously approved Option 4, to allow the construction of the proposed Unicorn Lake Boulevard on a 0.546 acre strip of Briercliff Park. FISCAL INFORMATION Compensation related to this use is still under discussion with the Unicorn Lake developer. It is reasonable to expect that improvements directly related to programs and/or facilities on the Briercliff Park will be provided if approved. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Exhibit B: Map 3. Park Board Minutes of May 3, 2004. Respectfully Submitted: Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Janet Simpson, Director Parks and Recreation Department H:\Railtrail crossings and Chapter 26 reviews\City Council Loop 288 Trail by-pass MP724.doc $:~u~ Doeam~a~is~Ordimm~ g04~Bri~.liff paz~. C~ap. 26.DOC ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE BRIERCLIFF PARK FOR TIlE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A STREET DEDICATION EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to improve public transportation to the City of Denton by constructing a roadway 100 hnear feet across the Briercliff Park for a public street; and WHEREAS, the City of Denton desires to construct the public street across the Briercliff Park since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on April 26, May 3, and May 10, 2004 ora Public Hearing to be held on May 18, 2004 in the Council Chambers to consider the altematives to the use of City Park for the subject street project; and WHEREAS, the City Council on May 18, 2004, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Briercliff Park resulting from the public street; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council fmds that there is no feasible and prudent alternative to the use of the park land and that the subject public street project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public street for Unicom Lake Boulevard proposed by the City of Denton (the "Project") shall be constructed and maintained above the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the public street be constructed in a manner so that the park land may still be used by its patrons after completion of the Project in the same manner it was used prior to the Project. EXHIBIT 1 ~t:'O ur Dmat~l~O rdim~c~riricrcliff ? ar t' (lntx ~]I)C SECTION 2. A public street dedication easement shall be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT ~J~b'ff~Y, ~¥ ATTORNEY By: "'~~ Page 2 of 2 EXHIBIT "A" 0.546 ACRES RIGHT-OF-WAY DEDICATION BEING A 0.546 ACRE TRACT OF LAND SITUATED iN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBED AS TRACT 1 IN DEED TO CITY OF DENTON, RECORDED 'iN VOLUME . PAGE _____, REAL PROPERTY RECORDS, DENTON COLrNTY, TEXAS. SAID 0.546 ACRE TRACT WITH REFERENCE BEARING BEING THE SOUTH LINE OF SECTION ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6, PAGE 45, PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MOPE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A WOOD POST FOUND FOR THE NORTHWEST CORNER OF SAID TRACT 1 AND THE SOUTHWEST CORNER OF SAID SECTION ONE, BRIER CLIFF ESTATES ADDITION; THENCE, SOUTH 02 DEGREES 42 MINUTES 12 SECONDS WEST, ALONG THE WEST LINE OF SAID TRACT 1, A DISTANCE OF 19.60 FEET TO THE POINT OF BEGINNING AND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16 DEGREES 10 MINUTES 07 SECONDS, A RADIUS OF 376.50 FEET AND A LONG CHORD THAT BEARS SOUTH 54 DEGREES 35 MINUTES 15 SECONDS EAST A DISTANCE OF 105.89 FEET; THENCE, OVER AND ACROSS SAID TRACT 1, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 106.25 FEET TO A POINT FOR CORNER; SOUTH 62 DEGREES 40 MINUTES 18 SECONDS BAST, A DISTANCE OF 376.77 FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF I 1 DEGREES 13 MINUTES 15 SECONDS, A RADIUS OF 776.50 FEET AND A LONG CHORD THAT BEARS SOUTH 68 DEGREES 16 MINUTES 56 SECONDS EAST A DISTANCE OF 151.83 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 152.07 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF AFORESAID TRACT 1 AND THE COMMON NORTH LINE OF A TRACT OF LAND DESCRIBED AS TRACT 2 IN DEED TO CITY OF DENTON, RECORDED iN VOLUME PAGE ., REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; I:XSLD\UNICORN~2198501~sdata\1985 EX05.doc 413072004 Page 1 of 3 THENCE, ALONG SAID COMMON LINE, THE FOLLOWING coURSES AND DISTANCES: NORTH 73 DEGREES 53 Ml2ql_rrEs 33 SECONDS WEST, A DISTANCE OF 358.08 FEET TO A 5/8 "IRON ROD FOUND FOR CORNER AND BEING THE BEGINNING OF A TANGENT CURVE TO TI--[E RIGHT HAVING A CENTRAL ANGLE OF 27 DEGREES 41 MINUTES 53 SECONDS, A RADIUS OF 532.96 FEET AND A LONG CHORD THAT BEARS NORTH 60 DEGREES 02 MINUTES 36 SECONDS WEST A DISTANCE OF 255.14 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 257.65 FEET TO A 5/8 "IRON ROD FOUND FOR THE SOUTHWEST CORNER OF AFORESAID TRACT 1 AND THE NORTHWEST CORNER OF AFORESAID TRACT 2; THENCE, NORTH 02 DEGREES 42 MINUTES 12 SECONDS EAST, ALONG THE WEST LINE OF SAID TRACT 1, A DISTANCE OF 63.83 FEET TO THE POINT OF BEGINNING AND CONTA/NING 0.546 ACRES OF LAND, MORE OR LESS. I:\$ DD\LrN ICORNk02191150 [ ~data'd 985EX05.dac 4/30/2004 Page 2 of 3 LOT t,7 LOT 1,5 ' LOT 1/l ~! LOT 20 ~~ ~,~ S£CTION ONE, BRIER CLIFF ESTATES ADDITION (~' ~.o.w.) VOLUME 6, PAGE 45 - SCALE: i' = 100' BLOCK 4  LOT 14 LOT 13 LOT 12 LOT 11 LOT lO LOT 9 LOT 8 LOT 7 LOT 6 C.M. ~FND. WOOD POST CA=I6'IO'OX~ ..~ .... ~ R=376.50' ........  ~ CB=S 54~'15' E ~~ CL= 105. 89 ~ ~ ~ ' ~ 0.546 ACRES ~&_ R=776.50' ~ ~ ~ R=532.96 . . , DEDICATION C~.T~. · D~ ~: M. ~CH~CHI OUT OF ~E ~ TM 7~47~61 OF ~ UEP~PRR CO~P~ SUE~ ~ST~ NO, CHECK[9 ~: ~. ~ ~ ~E C~ OF DE~ON. DENTON COUP, I:X, SLD~UNiCORN~02189501 \GRA~1985EXO5.DWG map DeMon EXHIBIT 2 Parks, Recreation and Beautification Board Minutes American Legion Hall May 3, 2004 Members presem: Geri Aschenbrenner, Teresa Andress, Dale Yeatts, Jo Kuhn, and Chuck Smith. Members absent: Ross Richardson and Reggie Heard. Staff present: Janet Simpson, Bob Tickner, Janie McLeod, Emerson Vorel, and Ken Washington. Others present: Jane Malone, Anna Broderick, Hal Evans, and Jim Avera. Chairman Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognition - The Park Operations staff was congratulated for their work on making the Denton Arts Festival and Cinco de Mayo successful events in spite of the poor weather conditions. Approval of Minutes - The minutes stood as distributed. ACTION ITEMS Consider a Recommendation to Endorse the Denton Open Space Master Plan. Janet reminded the Board that the Open Space Plan had been brought before them at the March meeting and they directed staff to bring the Plan as an action item before the Plan goes before Planning and Zoning and finally to City Council. Jo Kuhn made a motion to recommend the Demon Open Space Master Plan to the Planning and Zoning Commission. Dale Yeatts seconded the motion and it passed unanimously. Consider a Recommendation to Approve the Lake Forest Conceptual Master Plan. The Board requested this item be brought back as an Action Item at the June meeting. Consider a Recommendation for a Chapter 26 Use of Park land at the New Briercliff Park for Purposes of a Public Street. Bob reviewed the plans and maps for the developmem of the Briercliff Park. He said that the City Engineering Department has requested the use of 0.546 acres of park land for a new street right-of-way in order to construct a new roadway to avoid a floodway. After the land was purchased for the street, detailed engineering determined the right of way needed to shift to the North to avoid major modifications to a small pond and the stream channel. Geri Aschenbrenner made a motion to allow the construction of the new proposed Unicom Lake Boulevard omo a 0.546 acre strip of Briercliff Park. Dale Yeatts seconded the motion and it was unanimously approved DISCUSSION ITEMS Receive a Report and Discuss the 2005 Capital Improvement Program. Janet reviewed the process that the Parks and Recreation Department staff used to develop a preliminary list of park and facilities needs, including the 2000 Demon Parks and Recreation Master Plan, individual park EXHIBIT 3 master plans, service and program demand and citizen input. Janet stated that as the process cominues the board would have an opportunity to commem and offer suggestions for the future bond program. DIRECTOR'S REPORT Staff' Report on the Denton Youth Sports Association. Representatives from various sports organizations gave reports on league participation and anticipated growth in their programs. Jane Malone with the Demon Soccer Association reported a total of 1,545 participants with 147 teams. Jane added that the number of participants could double in the nextl0 years. She discussed the need for an indoor soccer facility and that more outdoor practice fields are needed. Anna Broderick with DeNon Girls Softball Association reported 268 players with 65 select players making a total of 23 teams and six select teams. Anna said within the next five years there could be 40 or more teams. Hal Evans and Jim Avera with Demon Boys Baseball, Inc. said that they had 960 players with 83 teams and that they play games every day of the week except for Wednesdays and Sundays. They expected their numbers to double within the next 10 years. They stated that more practice fields are needed. Ken Washington, Athletic Coordinator gave a presemation of the responsibilities and duties of the athletic manager position. Customer Requests Bring Changes at Water Works Park for 2004 Season. Janet reviewed the distributed press release regarding the new prices for Water Works Park. CCA Update. Janet provided an update on the annual testing for arsenic levels in the wood at Eureka playground. In addition to testing, staff has placed precautionary and informational signs at the playground and on the department's website. Project Status Report. Janet commemed that the contract for the renovation construction for the Civic Cemer would be on the May 5~h Council agenda. Keep Denton Beautiful Report. There were no questions. Items for Next Meeting. Lake Forest Conceptual Master Plan and the 2004-05 Budget. There being no further discussion, the Vice Chair adjourned the meeting 7:16 p.m. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 18, 2004 Planning and Development Department Jon Fortune, Assistant City Manger SUBJECT A04-0001 (Longhorn Development) Hold the second of two public hearings to consider the volumary annexation and service plan for approximately 63.32 acres of land generally located west of Swisher Road, north of Edwards Road in the east section of the City of DeNon extraterritorial jurisdiction (ET J). (Longhorn Developmem Annexation, A04-0001) BACKGROUND Applicam: One Longhorn Land, LP Dallas, TX A volumary annexation proceeding is being considered by the City of DeNon for the Longhorn Developmem annexation. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis" the annexation of areas in the ETJ when significam developmems are proposed. The subject property to be annexed is a portion of a larger tract which exists both within and outside of the city limits. On January 13, 2004, Rex Glendenning of One Longhorn Land LP, on behalf of property owner, Bonnie E. Coonrod, submitted a petition for voluntary annexation. The majority of the subject property is located in the extra territorial jurisdiction and is not zoned and is undeveloped at this time. The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers" land use designation. The applicam is proposing multi-family residemial developmem and a golf course. Thirteen property owners were notified of the voluntary annexation request. No responses have been received to date. OPTIONS 1. Maintain land area. 2. Delete land area. 3. Amend Service Plan. 4. Deny. RECOMMENDATION Staff recommends that the second public hearing for A04-0001 is held as scheduled, and pending comments received; determine if additional information is needed. Staff recommends that the public hearings proceed as scheduled, finding that: 1. The need to manage and coordinate developmem in an orderly manner is a significam city objective that the City of DeNon will pursue. 2. The annexation tract also contains acreage designated as Environmentally Sensitive Area, which has very important water quality, flood control and natural habitat characteristics. The City of Denton Development Code sets forth standards for the preservation of these areas that act as a natural habitat. ESTIMATED ANNEXATION SCHEDULE The annexation process will be completed by July 20, 2004 (see Attachmem 4). PRIOR ACTION/REVIEW Application Date January 13, 2003 1 st CC Public Hearing May 4, 2004 2nd CC Public Hearing May 18, 2004 FISCAL INFORMATION Annexation and developmem of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvemems that are the responsibility of the city. ATTACHMENTS 1. Service Analysis 2. Location Map 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Annexation Schedule 5. Draft Annexation Service Plan Prepared by: Stephen A. Cook, AICP Planning Policy Coordinator Planning and Development Respectfully submitted: Kelly Carpemer, AICP Director, Planning and Developmem Police ATTACHMENT 1 SERVICE ANALYSIS A04-0001 (Longhorn Development) Estimated average response time for this area based on current department conditions: Priority 7 minutes Non-priority 10 minutes Average 9 minutes Appropriate average response time in the city based on current department conditions: Priority 5.3 minutes Non-priority 8.2 minutes Average 7.2 minutes If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No Will additional equipment and funding be needed to serve this area? No Will a police substation or other facility be needed to serve this area as a result of annexation and development? No 6. Please comment on the cumulative impact of annexation and development. There will be a negligible impact to general police services due to this annexation. At what population level would another police facility be required? We will not be able to support any further population adequately in our current facility. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? There is no accepted facility or equipment ratio in use. Is there an accepted officer to population ratio that can be used for planning purposes? Approx 1.4 officers per 1000 in population Additional Comments: The City of Denton should be able to provide service immediately upon annexation. However depending on the cumulative effect of growth of other annexations, the city may require additional equipment and personnel in the future. En.qineerinq and Transportation What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Swisher Road* Lakeview Blvd* Type of Improvement Possible widening, depending on Lakeview alignment Installation Approximate Cost Developer's Cost Developer's Cost Are any of these improvements presently scheduled to be done at state or federal expense? No. If yes, please identify facility and anticipated date improvements will begin. Will additional equipment and facilities be needed as a specific result of this annexation and development? No If yes, what type of equipment or facility? 4. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No. Additional Comments: Final alignment of Lakeview Blvd has not been finalized. * Perimeter paving required by developer. Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 3&6, located at McCormick and Teasley. Estimated response time. 12 minutes Appropriate response time in the City. 5 minutes Is a new fire station approved in the ClP that could serve this area? Yes If yes, what is the ClP program year? 2005~2006 Will a new fire station be requested in upcoming ClP proposals to serve this area? _ No. If yes, when should this station be operational? Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. 3.3 million for the structure and equipment and 1.5 million for annual operating budget per station Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? No Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1.5 firefighters per 1000 population Parks and Recreation What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are Briercliff Park, 1.85 miles, Denton Branch Rail Trail,l.5 miles, and Pecan Creek Preserve Open Space Park, l.3 miles and South Lakes Park, 3.5 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan indicates a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) Community Parks: 3.0 acres per 1,000 population 30 acres minimum How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? $172,700.00 Service Standard: Based on $3,454 (developed) cost per acre. How many additional personnel would be needed to properly serve this area if annexed and developed? Two Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Denton Parks and Recreation Department will coordinate placement of any park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development. Library Estimated additional funding needed strictly based on proposed annexation and development. None. Please comment on the cumulative impact of annexation and development. There will be no immediate impact on library services with this proposed annexation and development. 3. At what population level would another library facility be required? 95,000 Is there an accepted circulation to population ratio that can be used for planning purposes? Accepted average is 6.34 items circulated per capita. Is there an accepted employee to population ratio that can be used for planning purposes? MLS Professional Librarian per 1,000 of population or .11 and Full-Time Equivalent Staff per 1,000 of population or .46:2 If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes, anticipated service demands can be met. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Solid Waste Is residential solid waste service available to the proposed area for annexation? The proposed development would not require residential solid waste service if developed as multi-family. Is commercial solid waste service available to the proposed area for annexation? Yes. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance: Personnel: Dependent on service level required Dependent on service level required What is the typical revenue collected per: Household: Not Applicable Commercial Business: Dependent on size and service frequency of the container requested. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment: No Cost of Equipment: Not Applicable Will additional employees be needed to serve this area if annexed or developed? Type of Employees: No Number of Employees: Not Applicable Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Not Applicable. Is there an accepted equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No. Water/Wastewater What is the nearest City of Denton water line? Size of water line. 12" Water line under construction Location of water line. approx. 2000 feet south of the south Distance from proposed annexation, property line on Swisher Road What is the nearest City of Denton sewer line? Size of sewer line. Parallel 21" and 24" sewer mains approx. Location of sewer line. 260'-360' northwest/north of the Distance from proposed annexation, northwest property corner According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines None Proposed Sewer lines None Proposed Are there any City of Denton lines included in the proposed annexation? No water or sewer mains are in the annexation area 6. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 18,750 Is there an accepted equipment to population ratio that can be used for planning purposes? One crew per 18,750 population Is there an accepted employee to population ratio that can be used for planning purposes? One employee per 5770 population Additional Comments: Drainaqe Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). Annexation will not require any publicly funded drainage improvements. There is a hill near the center of the tract and the site runoff originating on the site will flow in all directions. The predominate drainage feature on this site is an existing swale that drains northward onto the adjacent property and into PEC-1, a major tributary of Pecan Creek. The entire site is within the Pecan Creek watershed. 2. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. If yes, what type of equipment or facility? 3. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A ]0 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? 4,200' to intersection of Pockrus Page Road & Swisher Road, overhead on the south side of Pockrus Page Road, 795 aluminum overhead (main line) 2,700' to Timber Apartments on Edwards Road, underground on the north side of Edwards Road, 500 MCM copper underground (main line) 2. What type of lines and facilities would be required to serve this area? Main line from Pockrus Page Road in future Lakeview Boulevard rights-of-way. 3. Are any new lines or facilities proposed for construction to serve this area? Main electric line along future Lakeview Boulevard rights-of-way or adjacent easements. 4. Are there any potential responsibilities if this area is annexed? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A Additional Comments: DME will build facilities as required to provide electric service to this development once rights-of-way and easements have been dedicated. Electric service will be per Denton Municipal Electric commercial requirements. Denton Independent School District School services are currently provided by: Denton I.S.D. - Schools serving area: · Pecan Creek Elementary · Crownover Middle School · Ryan High School If annexed, can anticipated service demands be met using existing materials, facilities and personnel? The NRMU-12 zoning will yield 660 multi-family units. The projected student population is estimated to be 275 - 330 students (165-190 elementary, 50-90 middle school, 30-50 high school). Building type, rent/lease rates, income level and population (family/retired) will impact student yield. Projected growth in the southeastern portion of DISD may require an elementary school by 2008-09. Elementary - Middle - Hi.qh - DISD is currently in pursuit of a future elementary school site in the southeastern portion of the district to accommodate student growth. Students may be served with existing facilities and personnel. Students may be served with existing facilities and personnel. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Elementary School Staffinq: 75 Facilities & Materials: · Proposed Property Purchase Price $ 600,000 · School Construction Cost $17,980,000 4. Estimated additional funding needed strictly based on proposed annexation and development. School bond initiatives will be required to finance the construction of future school facilities. Will projected school taxes from this development provide that additional funding? Commercial Development west of proposed school site would provide additional tax revenues. Amount will be based on type and scope of commercial development. Please comment on the cumulative impact of annexation and development. This proposed annexation and development is located in the southeast portion of Denton I.S.D. DISD is one of the top three fastest growing school districts in North Texas. The district has a current enrollment of 15,950 and will increase to 31,000+ by 2013. At what population level would school facilities be required for the City of Denton? New facilities are designed to accommodate the following: Elementary- 650 Student Functional Capacity Middle- 1,000 Student Functional Capacity High - 2,000 Student Functional Capacity ]2 Is there an acceptable employee to population ratio that can be used for planning purposes? Elementary- 22 Students per Teacher Middle - 28 Students per Teacher High - :28 Students per Teacher ATTACHMENT 2 Location Map A04-0001 (Longhorn Development) NORTH SITE City of Denton City of Denton LOCATION MAP ATTACHMENT 3 Public Notification NORTH Notification Map 500 City o'~ Benton City of Denton Public Notification Date: April 23, 2004 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 2 11 Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 14 Property Owner Responses Property Owner Name In favor and Address /Opposed* Comments *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 ANNEXATION SCHEDULE A04-0001 Longhorn Development Tuesday, 05~04~2004 Tuesday, 05/18~2004 Wednesday, 05~26~2004 Tuesday, 06~08~2004 Tuesday, 07/20/2004 City Council conducts first public hearinq. · Public notice must be no less than 10 days and no more than 20 days before public hearing. [] Annexation Study prepared and available for public review. [] Service Plan prepared and available for public review. City Council conducts second public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zonin,q. City Council by a four-fifths vote institutes annexation proceedings. First readinq of annexation ordinance. · Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. City Council by a four-fifths vote takes final action. Second readinq and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). 16 ATTACHMENT 5 CITY OF DENTON DRAFT SERVICE PLAN FOR A04-0001 (Longhorn Development) i. AREA ANNEXED The annexation area is located in the northern portion of DeMon's Extraterritorial Jurisdiction and comains approximately 63.32 acres generally located west of Swisher Road and north of Edwards Road. ii. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Governmem Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maimenance available in other parts of the city with similar topography, land use, and population density. iii. AD VALOREM (PROPERTY OWNER) TAX SERVICES Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipmem. If annexed and developed as proposed, additional personnel and equipmem will not needed. Code enforcemem and animal comrol services will also be provided to the property upon the effective date of the annexation. Fire Protection Fire protection (within the limits of existing hydrams) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 12 minutes, which is similar to responses for surrounding properties within the city limits. The City of Demon will provide emergency medical services ("EMS"). Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices 17 will be maimained by the City of DeNon on the effective date of the annexation. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. DeNon neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residems of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maimained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maimained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and developmem services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Denton Developmem Code, Chapter 35 of the Code of Ordinances, concerning subdivision and land developmem regulations. City Council adopted The DeNon Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ET J, and the subject tracts comain Neighborhood Cemers and 100 year Floodplain/ Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quamity of growth by organizing the land use patterns, by matching land use imensity with available infrastructure, and by preserving floodplains as environmemal and open space corridors. The DeNon Plan will be used as a basis for final zoning classifications after the properties are annexed. 18 IV. UTILITY (RATEPAYER) SERVICES Solid Waste Collection The City of Demon is the exclusive residemial and commercial Solid Waste service provider within Demon's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Demon Solid Waste Departmem is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940-349-8787. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to being provided services. Commercial Services Multi-family living units and the golf course facilities are provided solid waste collection services using commercial containers. Containers are available in a variety of sizes utilizing both from load and roll off service. Collection frequencies will be established based on the comainer size selected and the waste volume generated. The most economical service is obtained by requesting the largest container available for the area, with the least amoum of collection services possible. All refuse placed in the comainer for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the comainer is subject to code enforcement regulations, including potential fines. Commercial recycling services may be available for specific volumes and types of materials. Please contact the Solid Waste Recycling Division at 940-349-8054 to discuss the potemial for the City to provide commercial recycling services and to obtain recycling rate information. The construction and service requirements provided in the Denton Developmem Plan apply for all new developmem. For specific solid waste questions concerning commercial services or construction issues, please contact the Solid Waste Department at 940-349-8069. 19 Landfill Service The City of DeNon Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For disposal information and rates, please contact the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities The area lies within the City of DeMon's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an 12" waterline under construction approximately 2000 feet south of the southern property line of the proposed annexation. Parallel 21" and 24" sewer mains are approximately 260' - 360' northwest/north of the northwest property corner. Computer modeling of the wastewater system will provide the means necessary to accommodate all of the wastewater flows in the existing sewer system downstream of the development. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipmem. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. C. Drainage Services Drainage maimenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same 20 VI. VI. VII. level as similar facilities are maimained throughout the city. DeNon Municipal Electric is the current electric service provider for this site. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably comemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CiP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 1/2) years after the effective date of the annexation. The City shall consider construction of other public improvemems as the needs dictate on the same basis as such public improvemems are considered throughout the City for areas having similar characteristics of topography, land use, and population density. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if differem characteristics of topography, land use, and population density are considered a sufficiem basis for providing differem levels of service. TERM This service plan shall be valid for a term of ten (10) years. service plan shall be at the discretion of City Council. Renewal of the Viii. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Govemmem Code, Section 43.056 (Vernon Supp. 2000). 21 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 18, 2004 Parks and Recreation Department Howard Martin, 349-8232 ~ SUBJECT Consider adoption of an ordinance approving a notice of restriction for a stream and stream buffer area preserve associated with the construction and management of Lake Forest Park, which preserve area is a 5.6 acre tract of land being a portion of T. LABOR SURVEY A-779 and the N. Britton Survey A-51, an addition to the City of Denton, Texas; and providing an effective date. BACKGROUND In December 2002, Advanced Ecology, Inc. approached the City with an offer to assist in the development of Lake Forest Park. At the time, AEI was representing a client in DeNon who had been required by the U. S. Army Corps of Engineers (USACE) to mitigate the loss of wetlands on the cliem's project site. After discussions with the City, AEI granted the approval of the USACE to meeting their client's requirements by assisting in the developmem of 5.6 acres of land at the recemly purchased Lake Forest Park. AEI has issued a check in the amoum of $50,000 in fulfillmem of the USACE's requirements. As a condition of the USACE's approval of this mitigation plan, the City of Denton must agree to restrict the 5.6 acre area to its use as a nature preserve. This restriction will prohibit any construction of buildings, athletic fields, and activity facilities that will adversely affect the intended extent, condition and function of the mitigation area. The proposed area is a strip of land in and along the eastern bank of the lake at Lake Forest Park next to the Lake Forest Retirement Community on Ryan Road. OPTIONS · Adopt the proposed ordinance approving this Notice of Restriction for the 5.6 acre mitigation area as a requirement of the United States Army Corp of Engineers. This is Staff' s recommendation. · Direct staff to consider additional details, modify the documem and resubmit to the Army Corp of Engineers. · Reject the plan for wetland mitigation to deed restrict a portion of Lake Forest Park for a natural preserve and return the funds to the Developer. RECOMMENDATION Staff recommends the adoption of the proposed ordinance. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in August 2004. PRIOR ACTION/REVIEW No prior action has been taken on this item. FISCAL INFORMATION No expenditure of funds is required by this ordinance. BID INFORMATION Not applicable EXHIBITS 1. Ordinance 2. Exhibit B map 3. Notice of Restriction and exhibits Respectfully Submitted: Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Janet Simpson, Director Parks and Recreation Department L:\Word Docs\Wetland and Upland Mitagation files\City Council agenda info Lake Forest Park Deed Restriction, 5-18-04.doc ORDINANCE NO. AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE CONSTRUCTION AND MANAGEMENT OF LAKE FOREST PARK, WHICH pREsERVE AREA IS A 5.6 ACRE TRACT OF LAND BEING IN THE T. LABOR SURVEY A-779 AND THE N. BRITTON SURVEY A-51, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Notice of Restriction for a stream and stream buffer preserve associated with the construction and management of Lake Forest Park, in substantially the form of the Notice of Restriction which is attached to and made a part of this ordinance for all purposes. SECTION 2. The City Manager, or his designee, is authorized to record the Notice of Restriction in the Land Records of Denton County, Texas. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L PROJ:~y, CiTY ATT_,J3RNEY BY: '~~~ EXHIBIT 1 Exhibit B Fo rest Pa rk NOTICE OF RESTRICTION The City of Denton, Texas is the owner of that real property more particularly described in Exhibit "A" (hereinafter the "Property") and shown on the map in Exhibit B, both attached hereto and made a part hereof. The Property is subject to special conditions of U. S. Army Corps of Engineers (USACE) Section 404 Permit Number 200200014, dated November 4, 2002, which places restrictions against the Property for the purpose of providing compensation for adverse impacts to waters of the Umted States. Therefore, any purchaser of all or any part of the Property or any person having an interest in or proposing to acquire an interest in all of part of the property, or any person proposing to develop or improve all or any part of the Property, is hereby notified that development restrictions affecting the Property are as follows: l) The Property, or a portion of the Property, is hereby dedicated in perpetuity as a stream and stream buffer area preserve associated with the construction.of Lake Forest Park. The Property shall be managed consistent with the mitigation plan which is on file in the City Secretary's office, 215 E. McKinney, Denton, Texas 76201 and incorporated hereto by reference and shall not be disturbed except by those USACE-approved activities that would not adversely affect the intended extent, condition, and function of the mitigation area. Any other change, modification, or disturbance of the dedicated property shall require prior written approval by the District Engineer, USACE, Fort Worth District, or his/her duly authorized representative. 2) This restriction shall not be removed or revised without obtaining a modification of the aforementioned USACE authorization and/or prior written approval of the USACE. Permit modifications may be granted only by the USACE. This notice of restriction does not grant any property rights or exclusive privileges. EXECUTED THIS day of .. ,2004 CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Michael A. Conduff City Manager BY: APPROVED AS TO FORM: HERBERT L P , C ATTORNEY BY: Page 1 EXHIBIT 3 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the __ day of ConduiT, City Manager of the City of Demon, Texas on behalf of said city. ,2004 by Michael A. Notary Public in and for the State of Texas Name: Commission expires Page 2 21~73959~1 WETLANDS MITIGATION AREA EXHIBIT 5.6000 ACRE TRACT DESCR I PT I ON BEING oil ~hat certain lot, tract or parcel of land situated in the N. Dr~tton Survey, Abstract No. 51, ;n the City of Denton, Oenton County, Texas, end being a portion of that certoin froot of land conveyed to the City of Denton, Texos according to the Warranty Deed recorded in Volume 5224, Poge 2912 of th= Real Property Records. of Denton County, Texas, said tract being o port[on of Lot I, Brock A of' Lake Forest Good Samaritan Village, on o~drtlo~ to the City of Denton, Texas, according to the plat thereof recorded in Cabinet "F", Page 36 of the Plot Records of Denton County, Texas, and being more particularly described by metes end bounds os follows: BEGINNING at point in the westerly line of the aforementioned City of Denton, Texas tract, from whence the most northerly northwest corner of said City of Denton, Texas tract bears N 00'15'54" E ~ 748.52 feet; THENCE, deporting the westerly Texas tract, the following: N 64'55'11" E, 59.31 feet; N 78'09't5" E, 148.19 feet; S 00'11'19" W, t10.00 feet; S 78'09'15" W, 145.91 feet; S 64'33'11" W, 31.84 feet: $ 85'20'54' W, 119.7I feet; $ 05'3g'32' W, 148.99 feet: S 20'19'30' W, 121.45 feet; S 27'36'53" W. 58.82 feet; s 19'04'25" w, 48.03 feet; S 07'53'44" W, 47,75 feet; $ 02'56'I6' W, 61.62 feet; $ 04'38'06" W, 60.49 feet; $ 23'34'51" £, 53.~8 feet; $ 27'37'05" E, 74.26 feet; $ I7'55'51' W, 89.66 feet; S 62'53'45' W, 75.57 feet; N 43'4g'09' W, 5D.11 feet; line of said City of Denton, 87.'51'14" E. 68.45 feet; S 89'47'~6" E, 144.74 feet; N 89'47'46" W, 135.~6 feet; S 87'61'14" W, 55.I0 feet: 79'39'16" W, 91.60 feet: S 27'25'51' W, 84.60 feet; $ 47'5t'47" W, 70.1~ feet; S 30'58*56" W, 72,94 feet; 22'47'24" W, 85.54 feet; 19'04'50' W, 57.10 feet; 2~'22'34' E, 84,17 feet; 10'59'$2~ W, t65.44 feet; 04'00'44" E, 57,90 fee[; 29'37'58" £, 66.91 feet; 15'19'01" E, 82.04 feet; 36'29*22' W, 56.00 feet; 50'26'29" W, ~58.11 fret; 73'45'02" W, 24.03 feet; p.2 PACE I OF J NATHAN D. MAIER CONSULTING ENGINEERS, INC. Two Northpark / 8080 Pork Lane / Suite 600 Deltas, Taxes 7525~ / Ph. (214) 7~9-~-74~ dOB N~ 04-04-042 J 4.042EXOI. dwg Ma~ OS 04 12:22p ~ath~n D Maier C.E. 21473859G1 p.3 WETLANDS MI TIGA TtON AREA EXHIBIT 5.6000 ACRE TRACT DESCRIPTION (cant N 43'49'09" W, ,55.11 feet; N 73'45'02" W, 24.03 feet; N 85'55'46" W, 61.42 feet; S 59'20'28" W, t9.55 feet; S 41'12'24' W, 68.42 feet; S 62'55'17" W. 45.64 feet; S 71'21'I5" W, 41.02 feet; S 40'55'55" W, 68.46 feet; $ 70'57'19" W, 56.56 feet; S a5'32'13" W, 71.74 feet; N 75'48'41' W, 85.14 feet; S 71'59'56" W, 71,15 feet; THENCE $ 59'29'55" W, 203.09 feet to o point in the southerly line of the c~foremen[loned City of Den[on. Ts×es tract; THENCE N 8g'33'03~ W, with the southerly line of said City ef Denton, Texas trclct, ,52.25 feet; THENCE N 89'54'30' W, contlnuincj with the southerly line of said City of Denton, Texo. s tract, 1.54.10 feet to a po[mt from whence the southwest corner of said City of Denton, Texas tract beers N 89'54'50" W ~ 100.00 feet; THENCE, depert~ng the southerly llne of sm;d City of Denton tract, the fei N 00'29'54' W, 27.12'; N 59'29'35" E, 468.45 feet; S ~0'58'D2' E, 80.62 feet; N 6,3'46'19" E, 50.00 feet; S 26'13'41" E, 45..53 feet.; S 76'32'24" E, 56.24 feet; N 85'26'28" E, 54.65 feet; N 70'57'19' E, 36.59 feet; N 40'53'55' E, 68.65 fee[; N 71'21'16" E, 51.10 feet; N §2'55'~7' E, 50.37 feet; N 41'45'39" E, §5.92 feet; N 58'11'04' E, ~5,79 feet; $ 85'55'46' E. 82.42 feet; S 72'34'46' E, 44.11 feet; S 43'49'09" E, 6t.81 feet; S 50'46'05" E, 122.64 feet; N 62'55'45" E, 28.20 feet; N 35'54'27' £, ;37.05 feet; N 17'35'31' E, 65.41 feet; N 15'19'01" W, 61.~9 feet: N 27'37'05' iN, 67.99 feet; N 29'37'58~ W, 68.67 feet; N 23'34'51" W, 64.44 feet; N 04'00'44" W, 50.5'~ feet; N 0~'38'06' E, 66.90 feet; N ~0',~9'52" E, t39.15 feet; N 05'41'25" E, 68.96 fee{; o5/o5/o~ Two Northpark /'8080 P~rk Lane / Suite 600 dO~ NO. 04-04-042 Doltc~s, Texas 7523~ / Ph. (2t~) 7,59-4741 404.2EXO~.dwcy Nathan D Maier C.E. 214739S9G1 WETLANDS MITIGATION AREA EXHIBIT "A " 5.6000 ACRE TRACT p.4 PAGE J OF J DESCRIPTION (cant inued) N 23'22'34" W, 87,62 feet; N Ig'04'50' E, 61.99 feet; N 22'47'24" E, 89.27 feet; N 3D'58'56" E. 69.74 feet; N 47'51'47" E. 62,82 feet; N 07'53'44" E, 66.64 feet: N 19'04'25" E, 49.65 feet; N 27'36'53" E, 62.40 feet; N 20'19'$0" E, 129.02 feet; N 05'44'35" E, t29.g8 feet; THENCE N B&'3G'3O" W, &4.82 feet to ~ poln[ in the westerly line of the aforementioned City of Denton, Texas tract; THENCE N 24'55'01" E, with the westerly line said crty of Denton, Texas tract 159.30 feet; THENCE S 8~'55'53" E, continuing with the westerly tlne said City of Denton, Texas tract 248,41 feet; THENCE N 00'I5'54" E, continuing w~th the westerly line said City of Denton, Ts×os tract ¢2.29 feet to the POINT OF BEGINNING end cont0ining 3.6000 acres or 243,937 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings for the herein described tract Ys the most northerly west line (called N 00'15'54" E) of the City of Denton, Texas tract os described in the Warranty Deed recorded in Volume 522~, Page 2912 of the Re~i Property Records of De~ton County, Texas IN.DM NATHAN D. MAIER CONSULTIN¢ ENgiNEERS, INC. Two Northpork / 8080 Pork Lane / Suite 600 Dell<~s, Texas 75231 / Ph. (21~) 739-4741 05/o5/04 JOB NO. 04-04-042 4042EXOl,dwg Ma~ OS 04 12:23p Mathan D Maiep C.Eo 2147395961 p.5 EXHIBIT "B" __ 5.6000 ACRE TRACT Rr,,w ,~'o,~o - .': .... LJN£ ~'A~LE ,Ak ........ ~KE ~ST ~ Z~.~.O,C ~ 05/05/04 Two Nodhpo~ / 8080 Po~ [one / Suite ~ ~ NO. 04-04-042 DOlloe, Tex~s 75231 / Ph, (214) 739-4741 404~XOl. dwg UNE ~'ABLE '~ s ~'~'~5" w ~' Do ~ 73' ~" ~,, ~4.~- LiS S 7~ '~8" F 4L02' ~ , ~ ~' ~"~* E ~eE~ ~ N ~'~'2~' ~ 3Z~~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 18, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the Mayor, or her designee, to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County to provide for Loop 288 engineering services; authorizing the expenditure of funds; and providing an effective date. BACKGROUND The attached ordinance and imerlocal agreemem have been drafted to describe the funding relationship between the City of Denton and Denton County regarding Loop 288 East from IH-35E to US 380. The agreement stipulates that Denton County will expend $719,225 toward the project, and the City of DeNon will expend $890,775 toward the project. This project is underway with the county emering into contract with Teague, Nall and Perkins to initiate the development of the schematic plans and undertaking the developmem of plans, specifications, and estimates (PS&E's) for this section of the Loop. This agreement will provide funding to complete the PS&E's. Improvements to Loop 288 are anticipated to expand the current 2-lane road to a 6-lane urban arterial. Once the engineering work is competed, TXDOT will undertake the construction of the project with State funds. Upon City Council adoption, the County Commissioners must adopt the draft agreemem before it will be considered fully executed. The Loop 288 project is another example of a city-county transportation partnership that is working to aggressively address local needs and has competed successfully for the limited state and federal funds that are available. OPTIONS 1. Adopt the ordinance as drafted. 2. Make revisions to the agreement. 3. Postpone action for further deliberations. RECOMMENDATION Staff recommends adoption of the ordinance as drafted. ESTIMATED PROJECT SCHEDULE The engineering work is amicipated to be completed by the end of 2005. been tentatively set for the start of construction of the 6-lane expansion. A target goal of 2006 has PRIOR ACTION/REVIEW The City Council previously approved the initial Imerlocal agreemem on May 13, 2003 for the removal of the Loop 288 bridge amoum of $200,000. The need for expanded traffic capacity on Loop 288 is well-documemed and is considered a high priority to meet travel demand in southwest DeNon. FISCAL INFORMATION The county's $719,225 project funding was allocated as part of the Better, Safer Roads Bond Program. The city's participation of $890,775 was allocated from existing bond funds from the 1999-2004 Capital Improvements Program. This funding is currently available under the Project Numbers 350070440, 350046439, and 350020433. ATTACHMENTS Draft Ordinance and Agreement Respectfully submitted: Charles W. Fiedler, P.E. Director of Engineering ORDINANCE NO. AN ORDINANCE AUTHORIZING TIlE MAYOR, OR HER DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY TO PROVIDE FOR LOOP 288 ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and Denton County desire to enter into an lnterloeal Cooperation Agreement to provide for Loop 288 engineering services in substantially the same form as the Interlocal Cooperation Agreement attached hereto and made a Part hereof by reference (the "Interlocal Agreement"); and WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest; NOW, THEREFOR; THE COUNCIL OF THE C1TY 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 Mayor, or her designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City. The City Manager or his designee, is hereby authorized to carry out the fights and duties of the City under the Interlocal Agreement including the expenditure of funds provided for therein. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS T~EJ~ALf~CM: BY: - INTERLOCAL COOPERATION AGREEMENT LOOP 288 EAST ENGINEERING SERVICES THIS AGREEMENT is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Denton, Texas, a corporate and political body organized and existing under the laws of the State of Texas, hereinafter referred to as "City". WHEREAS, the County and the City propose to widen Loop 288 East from IH 35E to US 380 to a six-lane divided urban roadway within the city limits of the City of Denton, hereinafter referred to as the "Project", and WHEREAS, the County is a duly organized and political subdivision of the State of Texas engaged in the administration of County government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the City is a duly organized murdcipality in Denton County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the City; and WHEREAS, the County and the City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the InterlocaI Cooperation Act, which provides authorization for any local government to contract with one or more locaI governments to perform governmental functions and services under the terms of the Act; and Loop 288 East Engineering-City of Denton ICA 1 WHEREAS, the City and the County value the early completion of the "Project" so that Loop 288 East may be improved to. a six-lane, divided, urban roadway with ramping improvements along III 35E; and WHEREAS, any compensation made in cormection with governmental functions provided for in this Agreement shall be made from current revenues available to the paying party and such compensation fairly compensates the performing party for the services or functions performed; NOW, THEREFORE, the County and the City, for mutual consideration hereinafter stated, agree and understand as follows: This Agreement becomes effective when signed by the last party whose signing makes the respective agreements fully executed. This Agreement may be terminated at any time by either party giving thirty (30) days advance notice in writing to the other party. II. The City and the County hereby agree that the scope of the Project addressed in this Agreement is the completion of Plans, Specifications, and Estimates (PS&E) for Loop 288 East from IH 35E to US 380, Brinker Road Ramp Reversals and design of the bypass around the DART/City of Demon Rails to Trails (the "Project"). III. The County agrees to contribute, from Better, Safer, Roads Program (BSRP) funds for the Project, an amount not to exceed SEVEN HUNDRED AND Loop 288 East Engineering-City of Denton ICA 2 NINETEEN THOUSAND TWO HUNDRED TWENTY FIVE DOLLARS AND 00/100 ($719,225.00) which is for a required portion of the PS&E engineering services on the Project. IV. The City agrees to contribute from current funds for the Project an amount not to exceed EIGHT HUNDRED NINETY THOUSAND SEVEN HUNDRED AND SEVENTY FIVE AND 00/100 DOLLARS ($890,775.00) towards the completion of the engineering services required for the Project. The City will remit this sum to the County Treasurer within thirty (30) business days of the execution of this Agreement. The County will retain and oversee the engineering services required, and obtain all necessary permits or clearances for the Project. The County shall employ any and ail needed professionaIs to fulfill its obligations under this agreement. VI, The City understands and agrees that the City, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agent and/or representatives of the County. VII. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agent and/or representatives of the City. Loop 288 East Engineering-City of Denton ICA 3 VIII. The County agrees to and accepts fuli responsibility for the acts, negligence, and/or omissions of ail County employees and agents, subcontractors, and/or contract laborers, and for those of ail other persons doing work under a contract or agreement with the County. IX. The City agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all City employees and agents, subcontractors, and/or contract laborers, and for those of ali other persons doing work under a contract or agreement with the City. This Agreement is not beyond that provided by law. intended to extend the liability of the parties Neither the County not the City waives, nor shalI be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made by third parties. XI. This Agreement represents the entire agreement between the County and the City and supercedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only. by written instrument signed by the governing bodies of both the County and the City or those authorized to sign on behalf of those governing bodies. XII. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws Loop 288 East Engineering-City of Denton ICA 4 of the State of Texas. County, Texas.. Further, this agreement shall be performable in Denton XIII. 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. XIV. 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 of the parties hereto, and each party hereby certifies to the other that any and ail necessary resolutions extending said authority have been duly passed and are now in full force and effect. XV. Pursuant to V.T.C.A., Government Code §791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets, roads and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. XVI. 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 of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. Loop 288 East Engineering-City of Denton ICA 5 Signed to be effective the __ day of ,2004 COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 CITY The City of DENTON, Texas 215 E. McKinney Street Denton, Texas 76201 By: Hon. Mary Horn Denton County Judge Acting on behalf of and by authority of the Commissioners Court of Denton County, Texas Date: By:. Hon. Euline Brock The Mayor for the City of Denton Acting on behalf of and by authority of the City Council of Denton, Texas Date: Attest: Attest: By: Cynthia Mitchell, County Clerk Approved as to form: Assistant District Attorney By:, City Secretary Approved as to form: By: ~ e oqy / C~ty Attorney Loop 288 East Engineering-City of Denton ICA 6 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET May 18, 2004 Legal Department Herb Prouty, City Attorney SUBJECT: Consider adoption of an Ordinance amending Section 2-27 "Administrative Departments" of the City Code to bring the City departments and the department head titles current; providing a savings clause; and providing an effective date. BACKGROUND: Subsection (a) of Section 2-27 of the City Code "Administrative Departments" lists the administrative departments of the City and the department heads. This Section of the Code has not been amended since it was originally enacted in 1966. As a part of our Code Review Project, we recommended to the City Manager that this Section be updated to reflect the current departments of the City and the correct titles of the department heads. The City Manager agrees that this Section needs to be updated to reflect the current organization of the City. Under Section 5.05 of the City Charter, the City Manager has the authority to organize the employees of the City into various departments and divisions with your concurrence. Accordingly, it is necessary for you to pass this Ordinance in order to make the Code Section reflect the current departmental organization. OPTIONS: The City Council can adopt the Ordinance which will reflect the current departmental organization of the City. The City Council can chose not to enact the Ordinance. RECOMMENDATION: We recommend that you enact the Ordinance to amend this Section of the City Code so that the current organization, the administrative departments of the City and the department heads are accurately reflected in the Code. The amendment reflects the current administrative departments as organized by the City Manager. FISCAL IMPACT: There is no fiscal impact as a result of this Ordinance. Respectfully submitted, Herb Prouty, City Attorney ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2-27 "ADMINISTRATIVE DEPARTMENTS" OF THE CITY CODE TO BRING THE CITY DEPARTMENTS AND THE DEPARTMENT HEAD TITLES CURRENT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Subsection (a) of Section 2-27 "Administrative Departments" establishes the administrative departments of the City and lists the department heads; and WHEREAS, this Subsection of the City Code has not been amended since it was enacted in 1966 and there have been a number of changes in the departments and the titles of the department heads since this Subsection was enacted; and WHEREAS, under Section 5.05 of the City Charter, the City Manager is authorized to organize the employees of the City into various departments and divisions with the concurrence of the City Council and the City Manager hereby recommends that Section 2-27 of the Administrative Code be amended to show the current departmental organization of the City; and WHEREAS, the City Council deems it in the public interest to amend Subsection (a) of Section 2-27 of the City Code; 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 into the body of this Ordinance as if fully set forth herein. SECTION 2. That Subsection (a) of Section 2-27 "Administrative Departments" of the Code of Ordinances of the City of Denton is hereby amended to read as follows: 2-27. Administrative Departments (a) The administrative offices of the City are hereby created and shall be divided into the following departments and heads thereof: Departments Head of Department Airport and Transportation Economic Development Electric Engineering Facilities Management Fire Director of Airport and Transportation Ops. Director of Economic Development Director of Electric Utilities Director of Engineering Director of Facilities Management Fire Chief Departments' (cont.) Head of Department (cont.) Fiscal Operations Human Resources Library Services Management and Budget Management and Public Information Parks and Recreation Planning and Development Police Technology Services Solid Waste Water/Wastewater Director of Fiscal Operations Director of Human Resources Director of Libraries Director of Management and Budget Director of Management and Public Information Director of Parks and Recreation Director of Planning and Development Police Chief Director of Technology Services Director of Solid Waste Director of Water/Wastewater SECTION 3. That save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of Section 2-27 of the Code of Ordinances shall remain in full force and effect. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 S:Our Doculnmlts FORMS AGENDA INFORMATION SHEET Ethics Policy for Elected mid Appointed Officials doc AGENDA INFORMATION SHEET AGENDA DATE: May 18, 2004 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider approval of a resolution adopting an Ethics Policy for Elected and Appointed Officials of the City of Denton, Texas; and providing an effective date. BACKGROUND: The City Council of the City of Denton appointed a Council Ethics Sub- committee who held public meetings and received input on an Ethics Policy for the elected and appointed officials for the City of Denton. These findings and the Sub-committee's recommendations were discussed in the City Council Work Session on April 6, 2004. The attached resolution contains the Ethics Policy as presented in work session. You have been given further information in the City Attorney's status report of May 14, 2004. During the work session, the City Council discussed many cries that were adopting ethic policies. City Council conduct is and has been constrained by federal, state and local law. This Ethics Policy incorporates all of these laws in one document. OPTIONS 1. The City Council may adopt the resolution or suggest amendments; or 2. The City Council may decline to adopt the resolution. FISCAL IMPACT There will be no financial impact as a result of this resolution. Respectfully submitted: Herbert L. Prouty CRy Attorney S:Our Documelt s Resolutions 04mthics Policy DOC RESOLUTION NO. A RESOLUTION ADOPTING AN ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public trust that requires them to faithfully and diligently fulfill their public responsibilities; and WHEREAS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher ethical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision makers; and WHEREAS, the City Council of the City of Denton has appointed a Council Ethics Sub- committee who have held public meetings and received input on an Ethics Policy for the elected and appointed officials for the City of Denton; WHEREAS, the City Council for the City of Demon upon consideration of recommendations made by the Council Ethics Sub-committee finds and determines that an Ethics Policy for elected and appointed officials for the City of Denton should be established to govern the conduct of elected and appointed officers for the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas, which shall apply to all elected and appointed officials of the City, is hereby adopted and shall read as follows: ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas. This Ethics Policy has been adopted to encourage and ensure the highest standards of personal and public conduct during tenure in office. Adherence to this Policy will maintain the confidence and trust in the decision-makers and representatives of the City who must remain independent, impartial, and accountable to the people they serve. In addition, elected and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing their conduct. These are listed at the end of this Policy. Thus, elected City Council Members as well as appointed members of the City's Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and Commissions, and this Ethics Policy. S:Our Documelt s Resolutions 04mthics Policy DOC 1. As a representative of the City of Denton, I will be ethical. I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city. I will respect confidences and information designated "confidential" to the extent permitted by law. I will use my title and city logo or letterhead only when conducting official City business and will not exceed my authority. 2. As a representative of the City of Denton, I will be service-oriented. I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton, I will be fiscally responsible. I will make prudent decisions, taking into account the long-term financial needs of the City and its financial stability. I will make decisions that seek to preserve programs and services for City residents. 4. As a representative of the City of Denton, I will be communicative. I will communicate that I am approachable, open-minded and willing to enter into dialog. I will listen carefully and my response will add value to the conversation. 5. As a representative of the City of Denton, I will be cooperative. I will work toward consensus building and gain value from diverse opinions. I will approach my position and relationships with a positive attitude. I will consider the broader regional and statewide implications of decisions. I will work with the Universities, DISD, the Chambers of Commerce, other governmental entities, and local nonprofit agencies on common issues. 6. As a representative of the City of Denton, I will be progressive and receptive to new ideas. I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the need for compromise, to think outside the box, and improve existing models when necessary. I will keep my knowledge of local government current and growing. Elected officials and appointed officials, boards and commissions must adhere to the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551) Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552) Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212) Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a) Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252) Page 2 of 3 S:Our Documelt s Resolutions 04mthics Policy DOC State Penal Laws Bribery (Tex. Penal Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03) Improper Influence (Tex. Penal Code § 36.04) Tampering with a Witness (Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials (Tex. Penal Code § 36.08) Offering Gift to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39.03) City Documents In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and Code of Election Ethics are applicable. The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and board members as they represent the citizens of Denton. I will voluntarily accept reprimand from my colleagues if I should act contrary to this policy. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of May, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: May 18, 2004 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider approval of a resolution amending the Code of Election Ethics for the City of Denton by adding a provision for a prohibition on the use of the City of Denton Logo during a Campaign; and providing an effective date. BACKGROUND: The City Council adopted a Code of Election Ethics for the City of Denton for City of Denton Elections. Ordinance No. 99-425 prohibits the use of the Official Logo of the City of Denton by any person, firm, corporation or organization without written approval of the City of Denton. The Council Ethics Sub-committee has recommended that a prohibition of the use of the Official Logo of the City of Denton be added to the Code of Election Ethics. The City Council for the City of Denton previously discussed in Work Session to amend the Code of Election Ethics by adding a provision for a prohibition on the use of the City Logo During a Campaign. This resolution amends the Code of Election Ethics by prohibiting the use of the City of Denton Logo during a Campaign. You have been given further information in the City Attorney's status report of May 14, 2004. The form of the Code of Election Ethics was previously adopted by motion on September 18, 2001. We have put the Code of Election Ethics and amendment in resolution form and made it consistent with the Ethics Policy. OPTIONS 1. The City Council may adopt the resolution or suggest amendments; or 2. The City Council may decline to adopt the resolution. FISCAL IMPACT There will be no financial impact as a result of this resolution. Respectfully submitted: Herbert L. Prouty City Attorney S:\Our Documents\Resolutions\04\Election Ethics.doc RESOLUTION NO. A RESOLUTION AMENDING THE CODE OF ELECTION ETHICS FOR THE CITY OF DENTON BY ADDING A PROVISION FOR A PROHIBITION ON THE USE OF THE CITY LOGO DURING A CAMPAIGN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council for the City of Demon directed staff to provide candidates with a Code of Election Ethics for the City of Denton on September 18, 2001. WHEREAS, the City Council for the City of Demon desires to amend the Code of Election Ethics by adding a provision for a prohibition on the use of the City Logo during a campaign; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Code of Election Ethics for the City of Denton for City of Demon Elections is hereby amended by adding a provision for a prohibition on the use of the City Logo during a campaign that shall read as follows: CODE OF ELECTION ETHICS FOR THE CITY OF DENTON PURPOSE The citizens of Demon deserve truthful, fair and open campaigns for public office. Such campaigns encourage, rather than discourage participation in the political process. They further discourage the cynicism, voter alienation and apathy seen too often in the election of those who hold the public trust. ASSUMPTIONS The goal of free, open, sincere and honest debate on the issues. Campaigns for public office are subject to unacceptable levels of negativism, attack advertising, unfair election activities and other practices, which discourage participation in the elective process. Candidates are ultimately responsible for fair and ethical campaign practices. FUNDAMENTAL CAMPAIGN PRACTICES My campaign shall be committed to the principles of honesty, fairness, and respect for my opponents and responsibility for my campaign activities. S:\Our Documents\Resolutions\04\Election Ethics.doc My campaign shall emphasize my views, beliefs and experiences. Essential to such a campaign is an open and public discussion of issues and presentation of my record and positions in a truthful, frank and sincere manner. My campaign shall not use or allow outside parties to use deceptions, half-truths, or innuendo in my campaign. Claims made by my campaign, about myself or about my opponent(s), will be supported by publicly available, factual documents or evidence. I shall disclose all contributions made to my campaign and shall supply campaign finance reports as required by law. My campaign will not use the City Logo or letterhead. OPPONENT RESPECT My campaign shall avoid references to my opponent, which are untrue. My campaign shall not use personal attacks, which have no relevance to the issues before the public. My campaign shall encourage debates in public forums. My campaign shall present my record and that of my opponent(s) accurately in a manner focusing on the issues relating to the office sought. My campaign shall ensure that my campaign staff and campaign supporters will observe these principles of campaign practices. As a candidate, I shall take full responsibility for all advertising or other statements created or used on my behalf by both campaign staff and supporters. My campaign shall be conducted openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and yet free to present the record and policies of my opponents. My campaign shall not condone or allow advertising, which does not meet these principles stated, and should such occur, my campaign shall correct such advertising in an appropriate manner. SECTION 2. This resolution shall become effective immediately upon its passage and approval. S:\Our Documents\Resolutions\04\Election Ethics.doc PASSED AND APPROVED this the __day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET May 18, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND Council Member Redmon has a nomination to the Historic Landmark Commission due to the death of Mildred Hawk. Mayor Brock has an appointment to the Denton Housing Authority. Council may wish to suspend the rules and vote on any nominations made at this meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary