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June 1, 2004 Agenda
AGENDA CITY OF DENTON CITY COUNCIL June 1, 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, June 1, 2004 at 5:00 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 a Drainage Pro Rata ordinance. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of June 1, 2004. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Governmem Code, as amended, as set forth below. 1. Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. mo Deliberate the purchase and value of real property imerests for DeNon Municipal Landfill expansion purposes in the Gideon Walker Survey, Abstract Number 1330, and being an approximate 3.6469 acre tract located at 1481 South Mayhill Road, Denton, Texas; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property imerests. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING iN ACCORDANCE WiTH THE PROViSiONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CiTY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, iNCLUDiNG, WITHOUT LiMiTATiON §§551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of DeNon City Council Agenda June 1, 2004 Page 2 Regular Meeting of the City of Demon City Council on Tuesday, June 1, 2004 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, DeNon, 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 Bo Resolutions of Appreciation 1. Consider approval of a Resolution of Appreciation for Jeanette Scott. C. Recognition of staff accomplishments 3. CITIZENS REPORTS mo Receive citizen reports from the following: 2. 3. 4. 5. 6. Aron Frydberg regarding the sign ordinance. A represemative of the "Neighbors of TWU" regarding TWU. Dessie Goodson regarding responsibility. Chris Williams regarding the ethics policy and the delinquem tax fee. Willie Hudspeth regarding minority hiring and the tree ordinance. Peternia Washington regarding life, liberty, and the pursuit of happiness. 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-F). 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-F below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. mo Consider adoption of an ordinance accepting competitive bids and awarding an annual comract for the purchase of Traffic Signals for the City of DeNon Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3162 - Annual Comract for Traffic Signals awarded to the lowest responsible bidder for each item in the estimated amoum of $175,000). City of Denton City Council Agenda June 1, 2004 Page 3 Bo Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system at Fred Moore Park during the Juneteenth Celebration on June 18, 2004, from 6:00 p.m. until 11:00 p.m. and on Saturday from 11:00 a.m. until 12:00 p.m. The request is for an exception to the hours of operation. Co Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 2. ABN AMRO Mortgage/Mayes, James Duplicate Payment 2003 722.08 & Kerri 3 C, d~,l~gag ~ab~S~enR ~®liate ~0~ ~8 4. Chase/Caswell, David & Alberta Duplicate Payment 2003 942.61 ~ Ch~ 1~ Jean rvl ~g~Hat P~ ~0~ 6. Chase/Houser, Grace & Claudia Duplicate Payment 2003 579.51 Coleman h ~e/ an~ gh ~upHc~ P~nt ~0~ 8: Citim0ngage~oight, Robe~ K. Duplicate Payment 2003 548.72 ~ C it i~g~g~ C~ mb~l~ D~H~at P~ g003 52582 10. Count~ide/Cox, Randall J Duplicate Payment 2003 3286.87 !Z Count~ide[Fu!!er, Daniel W, Duplicate Payment 2003 !77656 lgc,~ ~mily ~ ~up~at~e g0~ ~ 14. Count~wide~cCo~ack, Kelly C & Duplicate Payment 2003 1386.54 Cecelia !6, C0unt~ide[Sanchez, G0de!eya Duplicate Payment 2003 !29!,36 18. Count~wide~ogany, Michael J & Sally Duplicate Payment 2003 1290.12 B 20. Count~ide~ing, Jeffrey P Duplicate Payment 2003 1216.31 22. Countrywide/Smith, Billy E Jr Duplicate Payment 2003 1148.43 24. Countrywide/Engler, Dennis D & Molly Duplicate Payment 2003 1112.37 s~ 26. Count~ide~rooks, Jason C Duplicate Payment 2003 1083.35 ~anc~ 28. Count~ide~iefinger, Katherine Duplicate Payment 2003 1050.41 30~ Count~ide~i!!iams, John L Duplicate Payment 2003 !028A6 ~ c,~ a~ ~ ~f~ up~ at ~ g0~ ~0~0 !3 32. Countwwide~fice, Carol A Duplicate Payment 2003 1007.38 City of Denton City Council Agenda June 1, 2004 Page 4 Tax Name Reason Amount Year 34. Countrywide/Meyer, La~ T & Phyllis Duplicate Payment 2003 986.37 3S C~nt ~d~B~er C iiffo~ D~ii~at P~ 9 36. Countrywide/Durodoye, Beth A Duplicate Payment 2003 965.17 Ev~ h~ M~g~g~ G~dwi~ ~g ~i~at P g g003 62 38, Eyerhome Uongage[Godwin, Charles N Duplicate Payment 2002 60Z95 40. Ohio Savings Bank/Hollar, Randy & Duplicate Payment 2003 1270.37 Cynthia L~c,~ 42. Principal Residential&e~a, Andrea & Duplicate Payment 2003 516.75 Juan 44. Wynne Jackson Lakes De7 LP Duplicate Payment 2003 !094~87 Do Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. mo Consider adoption of an ordinance approving a Real Estate Contract between the City of DeNon, Texas and Ronald Brown, Terry L. Brown, Wanda Nell Harris AKA Wanda N. Donato, Kenneth Hues Howell, Katrina Kay Howell Rich, Kendra Gail Howell Harper, and Robert Keith Good, and an Amendment to extend the closing date, for the purchase of approximately 3.6469 acres of land for the expansion of DeNon Municipal Landfill facilities; said real property being adjacem to the City's existing Landfill and situated in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Fo Consider approval of a resolution authorizing the City Manager or his designee to execute a Quit Claim Deed, and any other documems necessary to convey approximately 0.573 acres to Hickory Creek (DeNon) Homeowners' Association, Inc., said 0.573 acres being a tract of land situated in the S. A. Venters Survey, Abstract No. 1315, in the City of Denton, Denton County, Texas, and being a part of Block A, Lot 4, of Hickory Creek Ranch, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page 241 of the Plat Records of Denton County, Texas, and providing an effective date. 5. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance rezoning approximately 1.8 acres from Employmem Cemer Industrial (EC-I) zoning district to Employmem Cemer Commercial Dowmown (EC-C) zoning district. The property is located on the southeast corner of Mayhill Road and University Drive. The Planning and Zoning Commission recommends approval (7-0). (Z04- 0015, Racetrac). City of DeNon City Council Agenda June 1, 2004 Page 5 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance of the City of Council of the City of DeNon approving a license agreemem between the City of DeNon, Texas and the Girl Scouts Cross Timbers Council pertaining to the cominued use of a building located within Civic Center Park; and providing an effective date. Bo Consider approval of a resolution of the City Council of the City of DeNon, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas Council of Govemmems (NCTCOG) for a regional solid waste program local project; authorizing the City Manager, or his designee, to act on behalf of the City of Denton in all matters related to the application; and pledging that if a project is received, the City of Denton will comply with the project requirements of the NCTCOG, the Texas Commission on Environmemal Quality and the State of Texas; and providing an effective date. Co Consider approval of a resolution supporting the contract between the Denton Chamber of Commerce and Applied Behavioral Science and indicating its imemion to approve the applicable funding to perform an image and branding survey as recommended by the Economic Developmem Partnership Board and Image and Marketing Task Force; and declaring an effective date. Do Consider adoption of an ordinance of the City of DeNon, Texas, authorizing the City Manager to pay to Krum, Texas the sum of $155,244 for DeMon's obligation respecting the oversizing of sewer lines, as provided for in that certain "Interlocal Cooperation Agreemem by and between the City of DeNon, Texas and the City of Krum, Texas pertaining to the design and construction by Krum and oversize cost participation by Denton for the Krum gravity flow wastewater main"; authorizing the expenditure of funds therefor; and providing an effective date. mo Consider approval of a resolution authorizing the City Manager or his designee to approve a Right of Way Use Agreement, to allow public art and other improvements to be located in the City right of way at the northeast corner of Carroll Boulevard and Oak Street as part of the Carroll Addition, Lots 1 and 2, Block A, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Page 106 of the Plat Records of Denton County, Texas, and providing an effective date. Fo New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Go Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City of Demon City Council Agenda June 1, 2004 Page 6 Ho 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. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,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 DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 1, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding a Drainage Pro-Rata Ordinance. BACKGROUND During processing of the plats for the proposed Cinemark development at Unicorn Lake, Hughes & Luce, LLP (representing Mr. Bob Shelton) raised a concern about the City's requirement to provide drainage structures large enough to account for future upstream development. The Development Code requires construction of drainage improvements through the subject property large enough to carry a 100-year storm based on developed upstream conditions. The City currently has no mechanism to reimburse a developer for the oversize required for the additional costs associated with either upsizing drainage structures to provide for future upstream development or downstream drainage improvements across an adjacent property. The Texas Water Code requires a developer to pick up existing drainage runoff from upstream properties and carry it through the development site. In addition, the drainage must be discharged in such a manner that will not damage the downstream property owner. Occasionally, a situation similar to that of Cinemark will occur with other developments. As stated above, there is no ordinance that allows staff to adequately address this situation. As a result, staff initiated some research to determine how other cities handle similar circumstances. Additionally, we had preliminary conversations with a consultant who specializes in drainage matters. Our research indicated that cities handle this situation in a number of ways and determined that a mechanism using pro-rata agreements, similar to the agreements currently used for water and sewer line extensions, could be created to address the over sizing of drainage improvements. The attached ordinance was drafted on the pro-rata principle and as a result of staff research. The proposed ordinance addresses upstream development situations and provides a mechanism for a developer to recover the costs associated with oversized drainage improvements that exceed what is needed for their specific development. The ordinance provides a developer the opportunity to enter into a drainage pro-rata agreement that includes a fee to be applied to future upstream development based on impermeable cover of the plat for the future development. This approach will result in a cost per square foot of impermeable surface on each tract being platted. The City will collect the drainage pro-rata fees at the time the upstream development is platted, and reimburse the original downstream developer for the additional capacity they built in their drainage system. The ordinance also allows the City to recover the cost of drainage facilities installed by the City that will serve undeveloped property by collecting drainage pro-rata fees from developers at the time of platting when their project will increase drainage runoff in the basin. The administration of drainage pro-rata agreements will require some initial setup as well as sufficient staff time to manage the agreements. The agreements will be recorded in the City's GIS system to allow the Planning and Engineering staff to monitor future platting efforts and identify property impacted by a pro-rata agreement. To recover the administration cost of the agreements, the proposed ordinance includes a fee of $2,500 or one percent of the over sizing costs, which ever is greater. Page 1 PRIOR ACTION/REVIEW Original discussion of this topic was held on April 20~h 2004 when the action was tabled for additional review. There was additional discussion concerning such an ordinance at the March 24th P&Z meeting in conjunction with the Cinemark drainage variance, which is scheduled for consideration at the June 15 City Council meeting. FISCAL INFORMATION The proposed ordinance allows the City to collect pro-rata fees from developers to help offset the additional cost of drainage facilities installed by a previous developer. The fees can then be reimbursed to the original developer provided that they have a pro-rata agreement and their drainage facilities were constructed to accommodate the upstream off site development that was charged the fee. The ordinance will also allow the City to at least partially recover the costs of drainage facilities it installs by charging a pro-rata or over sizing fee to a developer when properties within that drainage basin are developed generating more drainage runoff. Properties within the basin that are already developed would be exempt. Due to the many variables involved, drainage pro rata and oversizing fees will need to be individually calculated for each affected property based on the increased runoff generated and comparing it to the original cost of extending and/or oversizing the subject drainage facility. In addition, the required fees will be based on costs of the minimum City required drainage systems as defined in the drainage criteria manual so that if a developer decides to provide a system that exceeds minimum requirements for personal purposes, the offsite owners are not obligated to pay for more than the development code requires without due process. There may be times when because of site specific topography, site development conditions and/or minimum material and maintenance related standards that there will be no difference in the cost of providing for undeveloped versus developed drainage in which case oversizing fees would not be applicable. The ordinance allows the City to charge a fee of $2,500 or one percent of over sizing costs, which ever is greater. It is unknown at this time how much money this will generate. The proposed ordinance will be administered by existing Engineering Department personnel. ATTACHMENTS 1. Ordinance 2. Pro Rata Formula 3. Pro Rata Computations Worksheet 4. Pro Rata Reimbursement Agreement Prepared By: Charles Fiedler Director, Engineering Page 2 ORDINANCE NO. AN ORDINANCE AMENDING THE DENTON 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 CHARGES; PROVIDING A METHOD OF REIMBURSEMENT TO THE DEVELOPER OR TO THE CITY BY PRO RATA PAYMENTS; ESTABLISHING ADMINISTRATIVE FEES; PROVIDING A METHOD OF ENFORCING PAYMENT OF PRO RATA 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 INCONSISTENT 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. WHEREAS, under the laws of the State of Texas, every owner of any tract, lot, or plot of land situated within the corporate limits of the City of Demon, Texas (the "City"), or within its jurisdiction, may request the construction of storm water drain lines, channels, and detention facilities; and WHEREAS, when storm water drain lines, channels, and detemion facilities are constructed, the developer, consumer, and property owner shall be required to pay pro rata charges for, or participate in, the costs of such improvements; and WHEREAS, the Texas Legislature has specifically exempted drainage pro rata charges from the definition of "impact fee," as referenced in Section 395.001 (4) of the Texas Local Governmem Code, as amended; and WHEREAS, the City Council of the City of Demon, therefore, is empowered by law to promulgate and establish pro rata charges and participation policies within the City or within its jurisdiction; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and recitations contained in the preamble of this Ordinance are hereby found to be true and correct. SECTION 2. The Demon City Code is hereby amended by adding thereto a new Article VII, which shall read as follows: C:51aholley~Backup 20045CC June lst~WS - Pro Rata Fee~Pro Rata Ord-5-20-04(2).DOC Article Vii. STORM WATER AND DETENTION FACILITY IMPROVEMENTS Sec. 26-235. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise: Capacity shall mean the quantity of storm water that can be distributed, or conveyed, through storm water drain lines, channels or detention facilities. City shall mean the City of Denton, Texas. Cost shall mean the actual costs to design and construct Improvements, including Oversized Improvements, which costs shall include but not be limited to engineering costs and costs for land, labor, and materials. Developer shall mean the party responsible for constructing Oversized Improvements. The term Developer includes the City should the City construct at its expense or pay for the Oversized Improvements. Impervious Surface shall mean any surface through which water cannot pass, or through which water passes with great difficulty. Improvements shall mean drainage improvements, including, but not limited to storm water drain lines, channels and/or detention facilities, whether on-site or off-site. Oversized shall mean the design and construction of an improvement larger than necessary to support the development and existing up stream run-off, whether on-site or off-site. Pro Rata Charge shall mean a monetary fee charged to a Property Owner to reimburse a Developer for the installation, extension, or any related construction cost of Oversized Improvements provided by a Developer to accommodate the drainage needs of the Property Owner's development. Pro Rata Agreement shall mean an agreement between the City and a Developer, or between the City and a Property Owner, approved by the City Council, establishing reimbursement procedures for the cost of Oversized Improvements constructed by a Developer. C:51aholley~Backup 20045CC June lst~WS - Pro Rata Fee~Pro Rata Ord-5-20-04(2).DOC 2 012295.00010:83 8519.04 Property Owners shall mean the record owners of real property from which surface water run-off from such real property flows imo the Oversized Improvements. Sec. 26-236. Pro Rata Agreement.. (a) On and after the passage of this article, the City may emer imo Pro Rata Agreements with Developers to impose a Pro Rata Charge due from Property Owners. The Pro Rata Charge shall represem the Property Owner's pro rata share of the calculated Cost of constucting the Oversized Improvements in accordance with the following formula (the "Formula"): The Pro Rata Charge shall be computed based on the additional impervious surface area being generated by the upstream development that contributes surface runoff to the downstream drainage structure. The following method shall be used to determine the Pro-Rata Charge Calculation: Step 1: Determine impervious cover areas and costs for drainage infrastructure. Drainage improvemems shall be sized using the following method: Compute the total impervious surface area within the contributing watershed using existing development conditions with the proposed developmem added. This impervious area is idemified as IMPERVIOUS AREA (IA). Next, determine the peak runoff rate for the new drainage improvements following the procedures described in the Drainage Criteria Manual Section 4. Compute the runoff rate using the existing development conditions upstream watershed with the proposed development added. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the required drainage improvemems, idemified as DRAINAGE COST ($DC). Next, compute the total impervious surface area within the contributing watershed for a future fully developed condition with the proposed developmem added. Compute estimates of impervious surface areas for undeveloped sub-areas using the Zoning Classification or Future Land Use idemified on the current City of DeNon Land Use Plan, and as described in the Drainage Criteria Manual Section 4. Include Planned Unit Developmems and Preliminary Plats idemified by the City for the impervious surface area computation. This impervious area is identified as FUTURE IMPERVIOUS AREA (FIA). C:51aholleykBackup 20045CC June lst~WS - Pro Rata FeekPro Rata Ord-5-20-04(2).DOC 3 012295.00010:83 8519.04 Compute the peak runoff rate using the future fully developed conditions upstream watershed with the proposed development added, following the procedures described in the Drainage Criteria Manual Section 4. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the required drainage improvements, identified as FUTURE DRAINAGE COST ($FDC). Step 2: Compute the Pro-Rata Formula The Pro-Rata Formula in dollars per square foot of impervious surface shall be calculated as follows: SFDC - SDC FIA- lA The Oversized Improvements' Costs shall be calculated in accordance with the criteria in the Drainage Design Criteria Manual. No Pro Rata Charge is or shall be deemed an impact fee, as defined in Chapter 395 of the Texas Local Government Code, as amended. (b) Upon approval of a Pro Rata Agreement by the City Council, a Pro Rata Charge shall be assessed against all Property Owners and their real property in order to reimburse the Developer for the cost of constructing such Oversized Improvements. All Pro Rata Agreements shall include exhibits listing the affected properties, listing the estimated amounts of the Pro Rata Charges that will be due from each Property Owner, and showing a location map of the Oversized Improvements. The actual amount of the Pro Rata Charges will be determined in accordance with the Formula at the time the Pro Rata Charges are collected. The Pro Rata Agreements shall contain an indemnity clause whereby the Developer shall defend, indemnify and hold the City harmless from all damages, claims, actions and causes of action, including attorney fees, in the event a Property Owner challenges the legality or enforceability of a Pro Rata Charge. Prior to approving a Pro Rata Agreement the Developer shall submit to the City a watershed map clearly identifying the perimeters of the watershed basin that will be the subject of the Pro Rata Agreement. (c) In addition to Pro Rata Charges for any Oversized Improvements, Property Owners shall pay all other charges related to the use of the Oversized Improvements, including but not limited to, impact and permit fees, if any, as established by the City. C:51aholleykBackup 20045CC June lst~WS - Pro Rata Fe&Pro Rata Ord-5-20-04(2).DOC 4 012295.00010:83 8519.04 (d) Pro Rata Charges will be determined based on the actual amoum of calculated surface water runoff determined at the time of final plat application of the affected upstream properties within the same watershed basin, or at the time of building permit application if a final plat is not required, in accordance with the formula set forth in Section 26-236(a) above. Oversized Improvemems shall be designed and constructed in accordance with the standards of Subchapter 19 of the Denton Development Code and the Drainage Design Criteria Manual. In the event the Developer wishes to construct Oversized Improvements that exceed the design standards specified in Subchapter 19 of the DeNon Developmem Code and the Drainage Design Criteria Manual, the Costs associated with exceeding such design standards shall not be reimbursable through a Pro Rata Agreement. Because the Pro Rate Charges are based upon the actual development within the watershed basin and the Oversized Improvemems are based on the estimated full development of the watershed basin, there is no guarantee that the Pro Rata Charges will completely cover the Cost of the Oversized Improvements. The Pro Rata Charges shall not bear imerest and shall not be adjusted for inflation. (e) The Public Improvemem Three-Way Agreemem between the Developer, the Developer's comractor and the City (the "Three-Way Agreemem") shall provide for the construction of the Oversized Improvements at the cost of the Developer. The Three-Way Agreement shall be executed and the Developer shall pay all permit fees, including but not limited to impact, review and inspection fees, if applicable, prior to the release of a construction permit by the City for the Improvemems. The Developer will look solely to the Property Owners within the same drainage basin for reimbursemem of the Oversized Costs through the Pro Rata Charges provided for in this ordinance and in the applicable Pro Rata Agreement. (f) Pro Rata Agreemems and Pro Rata Charges are subject to the following requiremems: 1. Prior to commencing construction of the Improvements, the Developer may submit to the City a written request for the establishment of Pro Rata Charges for the Improvements under this ordinance. The request shall comply with all requiremems of this ordinance and shall include documentation of the Costs associated with the construction of the Oversized Improvements, including a copy of the actual construction contract with unit prices as well as an engineer's cost estimate for a system sized for only the Developer's Property and existing off-site conditions with a cost estimate for the Costs of the Oversized Improvements. The Costs of the Oversized Improvements shall be calculated on the basis of the fully developed or redeveloped surface water run-off within the same watershed basin and based upon the zoning at the time of the calculation of the Oversized Improvements as measured by the criteria in the Drainage Design Criteria Manual. C:51aholley~Backup 20045CC June lst~WS - Pro Rata Fee~Pro Rata Ord-5-20-04(2).DOC 5 012295.00010:83 8519.04 2. The City Engineer, or his designated representative, shall verify the Developer's Cost calculations for reimbursement based on the criteria in the Drainage Design Criteria Manual. In the event of a discrepancy, the City Engineer, or his designated representative, shall establish the calculated Cost for the pro rata charge. The City's Cost calculations may be appealed to the Planning and Zoning Commission. 3. The Pro Rata Charge shall be paid by a Property Owner prior to final plat approval of the Property Owner's property. Should final plat approval not be required the Pro Rata Charge shall be paid prior to the issuance of a building permit. 4. The City hereby establishes reasonable administrative fees to recover its costs in administering the Pro Rata Agreement. An administrative fee is hereby established in the amount of 1% of the Cost of the Oversized improvements or $2500.00 which ever is greater. The administrative fee shall be paid by the Developer prior to the approval of the Pro Rata Agreement. An additional transaction fee is hereby established in the amount of 1% of the a Pro Rata Charge or $2500.00 whichever is greater. The transaction fee will be deducted from the Pro Rata Charge at the time of collection before payment to the Developer. 5. The City may not collect Pro Rata Charges from a Property Owner if more than 20 years have passed since the completion of the Oversized improvements for which reimbursement is sought. Sec. 26-237. Extension of storm water drain lines to developments and within developments. (a) Extension of Improvements to developments. Where extensions of certain improvements are required to serve property which will be subdivided or platted for development and resale, the Costs of approach mains or channels fronting on or extending through property not owned by the Developer but required and necessary to connect the Developer's property shall be borne solely by the Developer, unless the City authorizes reimbursement of such Costs related to Oversizing through a Pro Rata Agreement according to the provisions of Sec. 26-236. (b) Oversized Improvements within or downstream of residential or commercial developments. Developers shall bear the entire costs of Improvements required within or downstream of their developments as required by Subchapter 19 of the Development Code, except that the City may elect to participate in the cost of constructing any Oversized Improvements. The City shall only reimburse the Developer for Oversized improvements by exacting Pro Rata Charges from a Property Owner at such time as such Property Owner C:51aholley~Backup 20045CC June lst~WS - Pro Rata Fee~Pro Rata Ord-5-20-04(2).DOC 6 012295.00010:83 8519.04 develops or redevelops property within the same drainage basin and increases drainage run-off. (c) Detention facilities within residential developments. In the even a deteNion facility with capacity that exceeds the area necessary to serve a specific development is required, the Developer of that specific development may submit a written request for the establishment of a Pro Rata Charge to reimburse the Developer for the Oversizing Costs associated with the detention facility. The Pro Rata Charge for detention facilities shall be calculated on a cost-per-acre, per tract basis for properties within the approved service area. Sec. 26-238. Payment of Pro Rata Charge. (a) The Property Owner shall pay the applicable Pro Rata Charge prior to final plat approval and if a final plat is not required, prior to the issuance of a building permit. (b) The Developer will look solely to the Pro Rata Charges provided for in this ordinance and the applicable Pro Rata AgreemeN for reimbursemeN for the Oversized Costs. The City has no obligation to pay for the Oversized Costs from its general revenues, bond funds or any other revenues it may receive. Should any court of competeN jurisdiction determine that all or part of this ordinance is unlawful or invalid, the City may cease to charge or collect the Pro Rata Charges, and will have no further obligations hereunder or under the applicable Pro Rata AgreemeN. Should any court of competent jurisdiction determine that a Pro Rata Charge as applied to a particular Property Owner is unlawful, the City will have no further obligation to collect such Pro Rata Charge. By electing to enter into a Pro Rata Agreement the Developer will waive any other claims or causes of action it may have against the City for the Costs to construct the Oversized Improvements other than any claims or causes of action it may have to collect the Pro Rata Charges collected by the City under the Pro Rata Agreement. Sec. 26-239. Enforcement of Pro Rata Agreements and Oversizing Costs. Nothing herein shall be deemed in any way to be an exclusive method of enforcing the payment of Pro Rata Agreements and Oversizing Costs against Property Owners, and this procedure shall not be deemed in any manner to be a waiver of the City's right to validly assess affected persons for the cost of the construction of ImprovemeNs and to fix and enforce liens against said property, in the manner prescribed by law. SECTION 3. The DeNon City Code is hereby amended by 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. C:51aholley~Backup 20045CC June lst~WS - Pro Rata Fee~Pro Rata Ord-5-20-04(2).DOC 7 012295.00010:83 8519.04 SECTION 4. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. SECTION 5. All ordinances or parts or ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. SECTION 6. in the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competem jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Demon, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. SECTION 7. This Ordinance shall take effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Demon Record Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __day of June, 2004. EULiNE BROCK, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: C:51aholleykBackup 20045CC Jtme lst~WS - Pro Rata FeekPro Rata Ord-5-20-04(2).DOC 8 012295.00010:838519.04 ATTACHMENT "A" PRO-RATA FORMULA The Pro Rata charge paid to the downstream property owner shall be computed based on the additional impervious surface area being generated by the upstream development that contributes surface runoff to the downstream drainage structure. The following method shall be used to determine the Pro-Rata Calculation: Step 1: Determine impervious cover areas and costs for drainage infrastructure. Drainage improvements shall be sized using the following method: Compute the total impervious surface area within the contributing watershed using existing development conditions with the proposed developmem added. This impervious area is idemified as IMPERVIOUS AREA (IA). Next, determine the peak runoff rate for the new drainage improvements following the procedures described in the Drainage Criteria Manual Section 4. Compute the runoff rate using the existing development conditions upstream watershed with the proposed development added. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the required drainage improvements, identified as DRAINAGE COST ($DC). Next, compute the total impervious surface area within the contributing watershed for a future fully developed condition with the proposed developmem added. Compute estimates of impervious surface areas for undeveloped sub-areas using the Zoning Classification or Future Land Use idemified on the currem City of DeNon Land Use Plan, and as described in the Drainage Criteria Manual Section 4. Include Planned Unit Developments and Preliminary Plats idemified by the City for the impervious surface area computation. This impervious area is idemified as FUTURE IMPERVIOUS AREA (FIA). Compute the peak runoff rate using the future fully developed conditions upstream watershed with the proposed developmem added, following the procedures described in the Drainage Criteria Manual Section 4. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the required drainage improvements, idemified as FUTURE DRAINAGE COST ($FDC). C:\laholley\Backup 2004\CC June 1 st\WS - Pro Rata Fee\Pro Rata Formula. DOC Page 1 of 2 5/20/2004 Step 2: Compute the Pro-Rata Formula The Pro-Rata Formula in dollars per square foot of impervious surface shall be calculated as follows: SFDC - SDC FIA- IA C:\laholley\Backup 2004\CC June 1 st\WS - Pro Rata Fee\Pro Rata Formula. DOC Page 2 of 2 5/20/2004 0 0 LO 0 '~' '~- LO ~E F, i i i ~ ,-,-,- ~o=O I I ~-, ~:)-- 0 CO eOneO 0 0 = 0 CO ,~- '~-0 O~C~io ,,:~ o~ ~o o o,- ~ ~ X '- ~ ~o I I ---- 00 Eo o I I o,1 o3 oo ~ c~ co co ~d x c- I I III 0 c) ~- E --- E -ED E ~ ~- ~ ~ = ~-' '- o o o o o =~ =~'~- PRO RATA REIMBURSEMENT AGREEMENT FOR DRAINAGE IMPROVEMENTS WHEREAS, ("Developer"), whose business address is , is the developer of that certain real property located in the City of DeNon, Texas as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the City of Demon Developmem Code requires that the Developer construct certain drainage facilities which are capable of adequately handling surface water runoff from and through the Property based upon the fully developed watershed basin in which the Property is located; and WHEREAS, Article VII of Chapter 26 of the Code of Ordinances of the City of DeNon (the "Drainage Pro Rata Ordinance") allows the Developer to emer imo an agreement with the City authorizing the City to collect a Pro Rata Charge at the time of final plat or building permit, from upstream Property Owners, based upon a formula that calculates surface water run-off usage of such drainage facilities resulting from the actual developmem of such properties, as provided for in the Drainage Pro Rata Ordinance; and WHEREAS, the City of DeNon, Texas, a home rule municipal corporation (the "City") and the Developer have emered into this Agreemem to provide for the collection of Pro Rata Charges as provided for in the Drainage Pro Rata Ordinance; NOW, THEREFORE, in consideration of their mutual promises, Developer and City agree as follows: Developer has designed those certain public drainage facilities as more particularly described in Exhibit "B" attached hereto and made a part hereof by reference (the "Drainage Facilities"). The Drainage Facilities have been sized to handle surface water runoff that is larger than necessary to support the developmem of the Property and existing up stream runoff, whether on site or off- site and will handle the fully developed watershed basin in which the Property is located (the "Oversized Improvemems"). Developer has submitted to the City actual bids showing the difference in cost to construct the Drainage Facilities with the Oversized Improvements versus the Drainage Facilities without the Oversized Improvements. Based on those bids the City and Developer agree that the estimated cost to construct the Oversized Improvements is $ (the "Estimated Oversized Costs"). A detailed breakdown of the estimated cost to construct the Drainage Facilities and the Estimated Oversized Costs is attached hereto and made a part hereof as Exhibit Prior to beginning construction of the Drainage Facilities, Developer shall obtain at Developer's sole cost and expense, all necessary permits, licenses, and easements. Prior to the Effective Date of this Agreement the Developer shall pay to the City the applicable administrative fee provided for in the Drainage Pro Rata Ordinance. The Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. Prior to construction Developer shall also enter into the City's standard three-way construction agreement between the Developer, City and the Developer's construction contractor for the construction of the Drainage Facilities and shall provide the City with the standard performance and payment bonds and insurance certificates. o Within 30 days after the acceptance of the Drainage Facilities by the City, Developer shall submit to the City the actual cost of the Drainage Facilities and the actual cost of the Oversized Improvements (the "Oversized Costs"). To determine the actual cost of the Drainage Facilities and the Oversized Cost, the City shall have the right to inspect any and all records of Developer, its agents, employees, contractors, or subcontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Drainage Facilities. The City may review and verify the actual cost of the Drainage Facilities and Oversized Costs. After such review the City will issue a certificate certifying the amount of the Oversized Costs that are subject to pro rata reimbursement under the Drainage Pro Rata Ordinance and this Agreement. After title to the Drainage Facilities have vested in the City, the City shall collect a Pro Rata Charge from upstream Property Owners within the same watershed basin as the Property in accordance with the formula set forth in Section 26-236 of the Drainage Pro Rata Ordinance (the "Pro Rata Charge Formula"). The Pro Rata Charge Formula is as set forth in Section 26-236(a) of the Drainage Pro Rata Ordinance. A copy of the Formula is attached hereto and made a part hereof as Exhibit "D" The Pro Rata Charge will be collected by the City at the time that the Property Owners of such upstream properties within the same watershed basin receive final plat approval or building permit approval as provided for in Section 26-236 of the Drainage Pro Rata Ordinance. Within thirty (30) days after the receipt the Pro Rata Charge, the City shall transfer the Pro Rata Charge to the Developer, less the applicable transaction administrative fees provided for in the Drainage Pro Rata Ordinance. In no event will the Pro Rata Charge bear interest or be adjusted for inflation. o The total Pro Rata Charges shall not exceed the Oversized Costs. No Pro Rata Charges will be collected by the City after 20 years have passed since the completion of the Drainage Facilities. Because the Pro Rata Charges are only collected if and when the upstream properties develop and are based on the actual extent of surface water runoff from such upstream development, there is no assurance or guarantee that the Developer will be reimbursed for all of the Oversized Costs. 6. This Agreement is subject to the Drainage Pro Rate Ordinance. o The Developer will look solely to the Pro Rata Charges provided for in this Agreemem for reimbursemem for the Oversized Costs. The City has no obligation to pay for the Drainage Facilities or Oversized Costs from its general revenues, bond funds or any other revenues it may receive. Developer waives any claims or causes of action against the City to collect the Oversized Costs other than any claims or causes of action it may have to collect the Pro Rata Charges collected by the City under this Agreemem. o Should any court of competent jurisdiction determine that all or part of the Drainage Pro Rata Ordinance is unlawful or invalid, the City may cease to charge or collect the Pro Rata Charges under this Agreement, and will have no further obligations hereunder. Should any court of competem jurisdiction determine that a Pro Rata Charge as applied to a particular Property Owner is unlawful, the City will have no further obligation to collect such Pro Rata Charge. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the City at the following address: [add name, title and addressl 10. The Developer shall defend, indemnify and hold harmless the City from and against all damages, claims, actions and causes of action, including attorneys, brought by a Property Owner who challenges the legality or enforceability of a Pro Rata Charge. Should the Developer fail to comply with such duty to defend or indemnify within 30 days written demand from the City, the City at its option may elect not to collect the Pro Rata Charge from the challenging Property Owner or refund the Pro Rata Charge if already collected, without further liability to collect the Pro Rata Charge on behalf of the Developer. 11. This Agreement embodies the entire agreement of the parties hereto, and there are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 12. Developer shall not assign this Agreement without the express prior written consem of the City. 13. This Agreemem shall be construed under the laws of the State of Texas and is fully performable in DeNon County, Texas. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought and maimained in a court of competem jurisdiction in DeNon County, Texas. 14. This Agreement shall be effective for a period of twenty (20) years from the date Drainage Facilities completed as evidenced by the written acceptance of the City. However, should Developer fail to complete substantial construction of the Drainage Facilities within one year the Effective Date as provided below, this Agreement shall terminate and be of no further force or effect. Signed to be effective this the "Effective Date"). day of ,2004 (the CITY OF DENTON, TEXAS By: ATTESTED BY: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff, City Manager By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "DEVELOPER" ATTESTED BY: By: By: APPROVED AS TO LEGAL FORM: By: AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 1, 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 comract for the purchase of Traffic Signals for the City of DeNon Traffic Division; providing for the expenditure of funds therefore; and providing an effective date (Bid 3162-Annual Comract for Traffic Signals awarded to the lowest responsible bidder for each item in the estimated amount of $175,000). BID INFORMATION This bid is for an annual comract for the purchase of traffic signals and related items. These materials will be utilized in the construction of new signals and in the maintenance of the existing traffic control system throughout the city of Denton. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder for related items. Item # Items 23,24,39-47,49 Items 1,12,15,17,21,28,31-33,38, 48,50,53 items 2-11,13,14,16,18-20,22, 25-27,30,34-37,51,52,54 Item 29 Vendor CES Network Services, Inc. Consolidated Traffic Paradigm Traffic Pelco Products Est. Amount $ 26,246 $ 62,425 $ 82,628 $ 51 $171,351 The lower cost Items 1-3 offered by Traffic Parts, Inc., do not carry the required UV stabilization specified, items 7-20, 25, 28, 29, and 31 will not imerchange with existing hardware and are not made from the specified material. Item 36 is not compatible with existing Pelco push buttons. items 4-6, 15-17, and 20, offered by General Traffic Equipmem Corp., will not imerchange with existing hardware due to dimensions and material. Item 36 will not fit our existing Pelco push button stations. Agenda Information Sheet June 1, 2004 Page 2 PRINCIPAL PLACE OF BUSINESS CES Network Services, Inc. Dallas, Texas Pelco Products Edmond, Oklahoma ESTIMATED SCHEDULE OF PROJECT Consolidated Traffic Fort Worth, Texas Paradigm Traffic Fort Worth, TX This contract will remain in effect for one year from the date of award and may be renewed for additional one-year periods contingent upon pricing remaining the same. Delivery of materials is estimated to be 60 days or less. FISCAL INFORMATION These supplies and materials will be funded from account 352001.6520. Attachment 1: Tabulation Sheet 1-AlS-Bid 3162 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent O L~ O O- "- ',q'- ~--I Oh 00 .,q.. iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: I'-- 4-, r- CD CD CD OO OO "~ '-s 'q- C7~ O O .~ iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ._u ~ iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: Z u ~ O O ~ ~ ~ · - ~ ~ ~ ~ ~ o ~ ~ 'C ~ -- ~ ~ 9 c o c E ~ ~ ~ :::::::::::::::::::::::::::::: ~ ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::: d ,~-3, x LLI ~ d z u ~ U ~3 0 0 0 ,95 0 0 333333 333333 333333 333333 333333 333333 ~ 0 0 0 0 0 0 0 z z z z z z z m .-- ~ x ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNALS FOR THE CITY OF DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3162-ANNUAL CONTRACT FOR TRAFFIC SIGNALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ESTIMATED AMOUNT OF $175,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 ESTIMATED NUMBER ITEM VENDOR AMOUNT 3162 23,24,39-47,49 3162 1,12,15,17,21,28 31-33,38,48,50,53 3162 2-11,13,14,16,18-20, 22,25-27,30,34-37, 51,52,54 3162 29 CES Network Services, Inc. Consolidated Traffic Paradigm Traffic Pelco Products Exhibit A Exhibit A Exhibit A Exhibit A SECTION 2. 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 pur- chase 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. Should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. 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. 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 3162 Bid # 3162 Exhibit A Date: 4/29/04 Annual Contract for Traffic Signals (Rebid) CES Network Paraaigm Traffic ~ Pelco Products Traffic Controls, Services, Inc. Inc. bystems ' Pr ncip e Place of Business: Edmond, OK Dallas, TX Arlington, TX Fort Worth, TX I 5 ~ck polycarbonate empty I 2 12 ~gnal h~ack visors, black $232.00 I 3 ~ polycarbonate signal I v!so_rs,bi.ackpol~ $340 O0 I I 5 ~ck 0olycarbonate empty I cluster signal head with Black visors, I 6 5 black poly ~ackplate, & GE gelcore $528.77 I red, yellow, ~ellow arrow, green I 10 25 Yelowarrow 12 rich LEDsgna enses $40.00 I Pedestrian head, black, clam shell 12 12 $122 00 I I Im t4 t2 PedestrJan head lens, GE gelcore LED $t93 32 I I m m Pelco 5-sectJons astrobrac assembly m ~6 25 wJth 84 Jnch cable & gusseted tube $97.52 I m I Bid # 3162 Exhibit A Date: 4/29/04 Annual Contract for Traffic Signals (Rebid) CES Network Paraaigm Traffic ~ Pelco Products Traffic Controls, Services, Inc. Inc. bystems I Principle Place of Business: Edmond, OK Dallas, TX Arlington, TX Fort Worth, TX I Pelco 3 ~ horizontal span wire I 18 50 assembly with gusseted tube #AS- $67.68 I Pelco 3~ horizontal span wire I 20 24 assembly for tether wire CfSP-3038-TX $180.77 I Pelco span wire sign hardware, 1 each J 22 24 of.' ~SE-0338, SE-0508, SE-0510, and $33.35 I ~, PB-0545, PB-5306, PB- 24 12 $236 z~ I 5325, - ¼0 , s- o39-ss, .PB- · I 5100-10 Pelco astrobrac w/84 inch cable #AS- 26 50 $48.00 3009-84 I ~ ~ ~ er mini s r~blr61c: b n B !~:~ I Pelco double PED-Head Mounting I 30 6 Astrobrac assembly with gusseted $93.00 I I Pedestrian push button stations #SE- 32 24 $39.00 2023-08 I Pedestrian sign #SE-1020-02 for 34 36 $6 90 I stations #SE-2023-08 ' 35 36 $8 89 I '~ 74 Pedestrian push button assembly #SE _~20 00 Bid # 3162 Exhibit A Date: 4/29/04 Annual Contract for Traffic Signals (Rebid) CES Network Paraaigm Traffic ~ Pelco Products Traffic Controls, Services, Inc. Inc. bystems I Principle Place of Business: Edmond, OK Dallas, TX Arlington, TX Fort Worth, TX I ~ion light with clear 62 00 $540.00 I Radio power supply for IVlDS radio's, I 42 12 10001VIA, 120VAC input, 12 VDC $24.00 I Radio antenna cable lightning I 44 12 suppressor, polyphaser, model IS- $53.00 148 0~ ,550.00 I ~e*S..~ ~44 ~°c~ cabinet $,599 S O0 154 EDI SSM-12LE s gnal monitor $549.70 I SH ! P ~ E N~ I AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 1, 2004 Parks and Recreation Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system at Fred Moore Park during the Juneteenth Celebration on June 18, 2004, from 6:00 p.m. until 11:00 p.m. and on Saturday from 11:00 a.m. until 12:00 p.m. The request is for an exception to the hours of operation. BACKGROUND Jackie Sasser, chairperson of the Juneteenth Celebration has submitted a request to allow them to use amplified sound for a live musical performance after 10:00 p.m. This event commemorates the day, June 19, 1865, when General Gordon Granger informed the slaves of Texas that the Emancipation had been signed to make all slaves free. The event will feature live bands, choirs and entertainment on June 18~h and June 19~h. The Juneteenth Celebration has taken place in the Fred Moore Park for several years and everyone is invited to enjoy the event. PRIOR ACTION/REVIEW None FISCAL INFORMATION None EXHIBITS 1. Letter of Request Prepared by: Janie McLeod, Management Assistant Parks and Recreation Department RESPECTFULLY SUBMITTED: [,/ John Whitmore, Acting Director Parks and Recreation Department ITO EXECUTIVE COMM!TTEE Jackie Sasser Chairperson Catherine i~11 Vice-Chair!~r~n Tonya Demerson Secretar3~ Nikole Chew Treasurer HaT D. Bell Asst. Treasurer Charlye He.ns Parliamentarian Albert Montero Ci~ of Denton Liai,~n COMMITTEE MEMBERS Cleo Bi~kbich!er Mdinda Coleman Bobby Givens Elihn Gillespie Greg Hed~s Betty Kimble An C. McAdams Carla Parrish Shawn Glover-Williams 1300 Wilson Street, Denton, Texas 76205 {9~0),,,~49-8575 May 14, 2004 Janie McLeod Community Events Coordinator 321 E McKinney Denton, TX 76201 Dear Janie and members of the Denton City Council: This year, the city of Denton will celebrate its Annual Juneteenth Celebration~ Thi event commemorates the day, June 19, 1865, when General Gordon Grange informed the slaves of Texas that Presidem Abraham Lincoln had signed th, Emancipation Proclamation to make all slaves free~ Today, American societ' straggles to maintain freedom for ali ,Americans and that is what the Juneteent] Celebration commemorates--FREEDOM for ail! We are requesting an exception to the noise ordinance for the following events and times: Juneteenth Gospel Extravaganza Friday, June !8, 2004 From 6 - 11 PM Annual Juneteenth Celebration Satnrday, June 19, 2004 ! 1 AM- Midnight We will feature live bands, choirs and entenMnment on these dates, If you neet additional information, please feel free to contact me at (940) 321-3065. gasser, Chairperson Juneteenth Celebration Committee "MORE THAN AN EVENT - IT'S AN EXPERIENCE" ~,~.v.dentonj m~eteenth,org EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 1, 2004 Tax Kathy DuBose SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Year Amount 2. ABN AMRO Mortgage/Mayes, James & Duplicate Payment 2003 722.08 Kerri 3 C~a~MS~g cNabB St ~ D~!i~at 4. Chase/Caswell, David & Alberta Duplicate Payment 2003 942.61 ~er Je up! ~ ~ 6. Chase/Houser, Grace & Claudia Coleman Duplicate Payment 2003 579.51 Ch~e/~I ~an ~ g uP!i~g~ 8. Citimo~gage~oight, Robe~ K. Duplicate Payment 2003 548.72 i iiiiiiii~ii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiciiti~ ~ ~ ~ ~i~ ~ ~i~i~ ~ iiiiii~ mb i~ ~i i i i iii ~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiim ~ ~!i aa t 10. Countywide/Cox, Randall J Duplicate Payment 2003 3286.87 12. Countrywide/Fuller, Daniel W. Duplicate Payment 2003 1776.56 14. Countrywide/McCormack, Kelly C & Cecelia Duplicate Payment 2003 1386.54 i5 C~nt id a ~ ~ mp~ ~ ~1~ a E i~ a D ~! i~at P ~ ~ ~ nt 2003 i !6, Count~ide[Sanchez, Gode!e~a Duplicate Payment 2003 !29!,36 i~ ~un i~ S~i~ Su~ Oupii~at~ ~nt ~00~ i~0 i8 18. Count~ide~ogaffy, Michael J & Sally B Duplicate Payment 2003 1290.12 !~ C,~ ~ i~ ~ep h ~ up!i~g ~ ~ ~ ~ nt g~0~! g~ g~ 8 20. Count~ide~ing, Jeffrey P Duplicate Payment 2003 1216.31 22. Countywide/Smith, Billy E Jr Duplicate Payment 2003 1148.43 iiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii i~un ia~ ma~i;iiiiiiii~i~iiiiii iiiiiiiaiiiiiiian~ iiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~uNi~ia~iiiiii~ ~ntiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iii iii!iii~iiiiiiiiiiiiiiiiiiiiiiii 24. Count~ide~ngler, Dennis D & Molly Duplicate Payment 2003 1112.37 iiiiiiii~i~ii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiC'i~ a ~ W ~ ~ h i~ g i ~ ~ i i i iii! i~iiiiii ~iiiiii i i i iii iii $ g ~ianiiiiRiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ uP!i ia ti ~iiiiii ~ ~ ~ ~ n~i iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~i~iiiiiiiiiiiiiiiiiiiiiiiiii~iiiiii iifiii!iiiiiiiiiiiiiiiiiiiiiiiiii 26. Countwwide~rooks, Jason C Duplicate Payment 2003 1083.35 28. Count~wide~ieringer, Katherine Duplicate Payment 2003 1050.41 iiiiiiiiii~i iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii i~un ia~ watt~i;iiii~iii~i~iii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~upii~ia~iiiiii~ ~ntiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiii~iii~i iiii~iiiiiiiiiiiiiiiiiiiiiiii 30, C0unt~wide~i!!iams, John L Duplicate Payment 2003 !028,46 Tax Name Reason Year Amount 32. Countrywide/Price, Carol A Duplicate Payment 2003 1007.38 ~a ~en ~ up l~ at ~ ~nt ~0 ~9~ 34: C0unt~ide/Meyer, La~ T & Phyllis Duplicate Payment 2003 986.37 3S C~nt ~B~er C~iffo~ ~i~at e~nt 2003~8~ 36. Countwwide~urodoye, Beth A Duplicate Payment 2003 965.17 ~rh~ ~g~g~ ~ ~h~rl~N ~up!~ ~ ~0~ 8 38. Everhome Mo~gage/Godwin, Charles N Duplicate Payment 2002 602.95 40. Ohio Savings Ba~ollar, Randy & Cymhia Duplicate Payment 2003 1270.37 42~ Principa! Residentia!~e~a, Andrea & Juan Duplicate Payment 2003 5!6~75 44. Wynne Jackson Lakes Dev LP Duplicate Payment 2003 1094.87 ~ck~ ~ ~ Bup!~at ~nt gO0~ ~ 0600~ BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $50436.09. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: June 1, 2004 DEPARTMENT: Finance ACM: Kathy DuBose SUBJECT Consider approval of a Resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. BACKGROUND The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers. The board is appointed by the county, participating cities and the Denton County Fire Chief's Association. Board members serve staggered two-year terms and are eligible for reappointment. The Emergency Telephone Number Act states: "the board shall manage, control and administer the district. The board may adopt rules for the operation of the district." On May 15, 2004 Denco Area 9-1-1 sent a letter (attached) requesting nominations to serve on the Board of Managers. The term of Harlan Jefferson, Town of Flower Mound, expires on September 30, 2004. Harlan has expressed his desire to serve another term if appointed. The current Board of Managers is comprised of the following individuals: Board Member Jack Miller, Chair Mayor Olive Stephens, l/ice Chair Harlan Jefferson, Secretary Lewis Jue Chief Lonnie Tatum Keith Stephens Appointed By: Denton County Commissioners Court Demon County Participating City Denton County Participating City Denton County Commissioners Court Denton County Fire Chiefs Association Largest Telephone Service Provider Rep. Term Expires 9/30/2004 9/30/2005 9/30/2004 9/30/2004 9/30/2005 Agenda Information Sheet June 1, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT Nominations are due to Denco by July 15, 2004. On July 16, 2004, the District will send copies of nominations to each city for consideration, requesting the city to vote for one of the nominees. The Denco Board of Managers will count the votes from the responding cities. The candidate with the most votes will be the municipalities' representative to the Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1, 2004. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City first nominated Harlan Jefferson in August of 1998, and again in 2000 and 2002. FISCAL INFORMATION This Resolution has no fiscal impact. EXHIBITS Letter from Denco Resolution Respectfully submitted: Kathy DuBose Assistant City Manager DENCO AREA 9-I-I DISTRICT P.O. Box 293058, Lewisville, Texas 75029-3058 Phone/TTY: 972-221-0911 · FAX: 972-420-0709 · Webpage: www.denco.org TO: FROM: DATE: Mayors of Cities in Denton County Mike Pedigo, Executive Director ~ May 15, 2004 RE: Appointment to the Denco Area 9-1-1 District Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district". The enclosed resolution, approved by the district's board of managers February 4, 1999, explains the procedure for appointing municipalities' representative to the board of managers. Each year the term of one of the two members appointed by participating municipalities expires. This year, the term of Harlan Jefferson expires September 30, 2004'. Members are eligible for consecutive terms and Harlan Jefferson has expressed his desire to serve another term, if appointed. In order to coordinate the appointment among 34 participating municipalities, the district requests the following actions by the governing bodies of each city: If your city would like to nominate a candidate to represent the municipalities on the Denco Board of Managers, please send a letter of nomination and/or r~sum~ of the candidate to the Denco Area 9-1-1 District office by July 15, 2004. No nominations shall be considered after that time. On July 16th, the district will send copies of nominations to each city for consideration, requesting the city to vote for one of the nominees. The Denco Board of Managers will count the votes from responding cities. The candidate with the most votes will be the municipalities' representative to the Denco Area 9-I -I Dlsu ],.,~DUn, U of Managers for the two-year ~e[~[] "'uegh'--:--, ][[ ]u October 1, 2004. Please mai nominations and r~sumSs to the Denco Area 9-1-1 District, P.O. Box 293058, Lewisville, TX 75029-3058. If you have any questions, please do not hesitate to call me at 972-221-0911. Thank you for your support of the Denco Area 9-1-1 District. cc: Denco Area 9-1-1 District Board of Managers S:~Admin\Board of l'vla[}~, 1075 Princeton Street, Lewisville.. Texas 75067 Soard of Managers General Inform ation\City Nominations memo.ooc DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS. WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district."; and WHEREAS, each member serves a term of two years beginning on October 1st of the year member is appointed; and WHEREAS, one member representing participating municipalities is appointed each year. NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS: The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1 District Board of Managers shall be the following: Prior to May 15th of each year, the executive director shall send a written notice to the mayor of each participating municipality advising that nominations are open for one of the municipal representatives to the Denco Area 9-1-1 District Board of Managers until July 15th of that same year. The notice shall advise the mayors that, for a nomination to be considered, written notification of council action must be received at the Denco office prior to 5:00 p.m. on July 15th of that year. No nominations shall be considered after that time. 2. On July 16th of each year, the executive director shall send written notice to the mayor of each participating municipality providing the slate of nominees to be considered for appointment to the Denco Area 9-1-i District Board of Managers for the term beginning October 1~t. The notice shall advise the mayor that the city council shall vote, by resolution from such city, for one of the nominees. Written notice of the council's selection must be received at the district office by 5:00 p.m. on September 15th, NO notice will be accepted after that time. 3. The one nominee with the most votes received by the deadline will be the municipality representative appointed for the two-year term beginning October 1st 4. If there is a tie between two candidates with the most votes, a runoff election will be held immediately with the candidate receiving the most votes serves the remainder of the term. The incumbent representative shall serve in that position until replaced. APPROVED and ADOPTED on this 4TM day of February 1999, Chairman, Board of Managers Secretary, Board of Managers S:\Our Documcms\Rosolmions\04\91 I nominme mombcr.doc RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2004; and WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appoimed joimly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Demon, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: SECTION 1. That the City of Demon, Texas hereby nominates Harlan Jefferson as a member to the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton County for a two year term to commence October 1, 2004. SECTION 2. That this resolution 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: S:\Our Documents\Resolutions\04\911 nominate member.doc AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 1, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance approving a Real Estate Contract between the City of Denton, Texas and Ronald Brown, Terry L. Brown, Wanda Nell Harris AKA Wanda N. Donato, Kenneth Hues Howell, Katrina Kay Howell Rich, Kendra Gail Howell Harper, and Robert Keith Good, and an Amendment to extend the closing date, for the purchase of approximately 3.6469 acres of land for the expansion of DeNon Municipal Landfill facilities; said real property being adjacem to the City's existing Landfill and situated in the Gideon Walker Survey, Abstract No. 1330, in the City of DeNon, Denton County, Texas; Authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND Staff has been working with the owners, Mrs. Chavez and her children, over the past two years to negotiate the purchase of a 3.6469-acre and a 1.0578-acre tract of land for the purpose of providing additional property for the DeNon Municipal Landfill operations. The properties are located at 1461 and 1481 S. Mayhill Road adjacem to the west side of the DeNon Municipal Landfill. Over the course of the last 15 years, City staff has systematically purchased numerous tracts adjacem to the "Old Landfill" site to provide a footprim for the "New Landfill" and ancillary Solid Waste operations. These two tracts represent the last two outstanding parcels on the east side of Mayhill Road. In each of the prior land transactions mentioned, we were able to come to equitable sale terms with each property owner without invoking eminem domain. Due to un-resolved title issues brought about by the way Mrs. Chavez inherited the 3.6469-acres from her mother, Alice Mae Wilkerson, our strategy was to move forward and condemn the 3.6469-acre tract, if anything to be able to clear, judicially, the title issue hurdle. Subsequemly, City Council approved the acquisition of the 3.6469- acre tract in November of 2002, to either acquire by purchase or condemnation action. At that time, staff anticipated no issues to preempt condemnation proceedings for the 3.6469-acre tract, and had also elected to wait on acquiring the additional 1.0578-acre tract, that included the owner's residence, due to her health issues. Since the November 2002 date, the property owner, Mrs. Chavez, has passed away. Both tracts are encumbered with numerous probate disputes between her heirs and her husband, Julian Chavez, who maintains that he has a homestead interest in both tracts. Staff was successful in negotiating a contract price of $187,500.® for the 3.6469-acre tract in September of 2003 with Mrs. Chavez's heirs. This comract has not been submitted to City Council, umil now, due to actions by Mr. Chavez challenging the City's imem to purchase the 3.6469-acre from Mrs. Chavez's children and grandchildren. Mr. Chavez has also challenged the City's power to condemn the 1.0578-acre tract. City staff did discuss and make offers for the 1.0578-acre tract, however, to date, the City has not initiated any formal legal action to acquire the 1.0578-acre tract. After comprehensive analysis and discussion, we have concluded that Mr. Chavez's homestead right claim can be addressed after the City's purchase of the 3.6469 acre and were are confident that he has no homestead interest in the 3.6469-acre tract. The Real Estate staff and Legal staff both feel it is in the City's best interests to move ahead with approval of the purchase of the 3.6469-acre tract using the original contract (September 2003), maintaining the agreed upon sales price, and executing an Amendment to the Real Estate Contract that will extend the closing date. Mrs. Chavez's heirs are motivated sellers and desire to move forward with the sale expeditiously. City staff has been mindful of attempting to bridge the family issues and work with those involved to find an equitable solution. During the negotiations, we recognized that Mrs. Chavez's health was failing and we suspended our pursuit of purchase(s) so as not to cause her any additional stress. The relationship between Mrs. Chavez's heirs and Mr. Chavez is very hostile, and her children want to move on. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance and acquisition. ESTIMATED PROJECT SCHEDULE Closing is anticipated for July 31, 2004. PRIOR ACTION/REVIEW November 2002 FISCAL INFORMATION Purchase price of $187,500.®, plus standard and customary closing costs. ATTACHMENTS Location map Draft Ordinance, Amendment and Real Estate Contract Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department ~ Landf, piope~y Location MaP ~i ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND RONALD BROWN, TERRY L. BROWN, WANDA NELL HARRIS AKA WANDA N. DONATO, KENNETH HUES HOWELL, KATRINA KAY HOWELL RICH, KENDRA GAIL HOWELL HARPER. AND ROBERT KEITH GOOD, AND AN AMENDMENT TO EXTEND THE CLOSING DATE, FOR THE PURCHASE OF APPROXIMATELY 3.6469 ACRES OF LAND FOR THE EXPANSION OF DENTON MUNICIPAL LANDFILL FACILITES; SAID REAL PROPERTY BEING ADJACENT TO THE CITY'S EXISTING LANDFILL AND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING 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 enter into the Real Estate Contract and Amendment thereto, both of which are attached hereto and made a part hereof by reference (the "Agreement") for the purchase of approximately 3.6469 acres of land for the expansion of Denton Municipal landfill facilities. SECTION 2. The City Manager or his designee is authorized to make the expenditures and exercise the fights and duties of the City as set forth in the Agreement SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2004 ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNEBROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: BY: ~ o--~ /~ / t~ Af4ENDMENT TO REAL ESTATE CONTRACT This Amendment to the Real Estate Contract is signed to be .effective June 2, 2004 by and between Ronald Brown, Terry L. Brown, Wanda Nell Harris aka Wanda N. Donato, Kenneth Hues Howell, Katrina Kay Howell Rich, Kendra Gall Howell Harper, and Robert Keith Good, (hereinafter referred to as "SELLERS'% and the BUYER OF DENTON, TEXAS, a. home rule municipality (hereinafter referred to as "BUYER"), to wit: W]~TNESSETH WHEREAS, SELLERS and BUYER entered into that certain Real Estate Contract Agreement, dated June 2, 2004 (the "Agreement'S; and WHEREAS, SELLER and BUYER desire to amend the Agreement as set forth herein; NOW, THEREFORE, in consideration of one dollar and other good and valuable consideration, including the mutual promises contained herein, the receipt and sufficiency of which is acknowledged by both parties hereto, SELLERS and BUYER do hereby agree as foIlows: :[. Section V. of the Agreement titled CLOSTNG shall be changed as follows: CLOS]:NG. The Closing of the sale will be on or before July 31, 2004 at a time and at the office of First American Title ]:nsurance Company, :[100 Dallas Drive, Suite #1_12, Denton, Texas 76205, (the Title Company). The Closing Date may be extended by written agreement of the parties if necessary for Sellers or Buyer to cure or perform any of its obligations under this Contract so long as all extensions will end on December 31, 2004 and unless amendments are approved in writing by ail parties, the contract is null and void unless closed no later than December 3:[, 2004. ]:n every other respect, SELLERS and BUYER do hereby ratiO, adopt, and confirm the Agreement and stipulate that it is in full force and effect, and agree to be bound thereby. This document may be signed by each party on separate copies of this document. EXECUTED in multiple counterparts by the SELLERS and BUYER on the dates set forth below. The later date is the Effective Date of this Contract. SELLERS: BY: Robert Keith Good Date: BY: Katrina Kay Howell Rich Date: Kenneth Hues Howell Date: Kendra Gall Howell Harper Date: BY: Ronald Brown Date: Wanda N. Donato Date: BY: Terry L. Brown Date: BUYER: City of Denton, Texas By Title Date Approved as to form: C1rTy A~rO R~I~EY BY: REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by Robert Keith Good, Katrina Kay Howell Rich, Kenneth Hues Howell, Kcndra Gall Howell Harper, Ronald Brown, Wanda N. Donato, and Terry L. Brown, (hereina~er referred to as "Sellers") and thc CITY OF DENTON, TEXAS, a home role municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tracts, lots or parcels of land described in "EXHIBIT A" and further illustrated in "EXHIBIT B", attached herein, with all fights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being hereinat~er referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. II. PURCHASE PRICE Amount of Purchase Price. The total purchase price for the Property shall be the sum of One Hundred Eighty Seven Thousand Five Hundred Dollars and No Cents ($187,500.°°) (the "Purchase Price"). Payment of Purchase Price. The full mount of the Purchase Price shall be payable in cash at the closing. III. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary_ Title Rep_om Within ten (10) business days ailer the date hereofi Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc.,' affecting the Property. Purchaser shall give Seller written notice on or before the expiration often (10) business days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the 'event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days atler receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the commitment. 2. Survey. Purchaser, at Purchaser's sole cost and expen~se, shall obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that. there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Following delivery of the Survey, the parties agree to amend this Contract to substitute the metes and bounds description of the Property set forth on the Survey for the current description set forth herein if the current description is different from that set forth in the Survey. Purchaser will have ten (10) business days after receipt of.the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) business day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. IV* REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1.' Property to be sold in "AS IS" condition; however nothing herein shall be construed'to~' release, discharge or bold harmless, any of Seller's predecessors in title. Vo CLOSING The closing shall be held at the office of First American Title Insurance Company, 1100 Dallas Drive, Suite/ti 12, Denton, Texas 76205 on or before November 29, 2003, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as .the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deriver to the City of Denton a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, leases, encumbrances, conditions, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Texas Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full mount of the purchase price, insuring fee simple title for the City of Denton to the Property subject only to those title .exceptions listed in Closing _~_quirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed .exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive covenants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and'~ 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C.' Deliver to Purchaser possession of the Property on the day of closing. D. Seller shall not be responsible for any applicable rollback taxes. 2. Purchaser's Rea_uirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this.contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other customary and standard costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by the Purchaser, except each party will be responsible for its own attorney fees. VII. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummation of this contract. BREACH BY SELLER If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consununate the sale of the Property for any reason, except Buyer's default, Buyer may enforce specific performance of this Contract. BREACH BY PURCHASER · In the event Buyer fails to consummate the purchase of the Property, if Seller is not in default under this Contract, Seller will have the fight to enforce specific performance of this Contract. Xo MISCELLANEOUS 1. Assignment of Agreement. Purchaser may assign this Agreement without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, warranties,, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. a. Seller's agent for purposes of notice shag be: Jerry Combs, 525 North Locust, Denton, Texas 76201. b. Purchaser's agent for the purposes of notice shall be: Edwin Snyder, Deputy City Attorney, City of Denton, 215 East McKinney Street, Denton, Texas, 76201 4. Texas Law to Apply. 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 performable in Denton County, Texas. 5.' Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. tn case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shah be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. 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. 8'. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words ~ the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of'Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Effective Date. The term "Effective Date" means the latter of the dates on which this Contract is signed by either Seller or Purchaser, as indicated by thek signature below. If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date. IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLERS: ' Robert K[ith Good Date: ?-23-o_3 BY: Date: Kenneth Hues Howell Date: BY: Kendra Gail HowellIHarper Date:. q-,-°q .- t3: BY: ~~~7 ~ ~onald Brown Date: BY: Wanda N. Donato BY: PURCHASER: BY: Date: Michael A. Conduff City Manager 215 E. McKinney Demon, Texas 76201 APPROVED AS TO FORM: CiTY AI-rORNEY TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on __ .____, 2003. TITLE COMPANY: Name: First American Title Insurance Company Address: 1100 Dallas Drive, Suite # 112 Denton, Texas 76201 Telephone: 940-383-2357 By: Printed Name: Title: day of__ EXHIBIT A DESCRIPTION OF PROPERTY: SITUATED in the City of Denton, Denton County, Texas being a tract of land out of the Gideon Walker Survey, Abstract No. 1330., said tract being a portion of that parcel of land conveyed to Rosa Lee Chavez by deeds as recorded in Volume 385, Page 87, Volume 676, Page 369 and Volume 676, Page 371 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said tract being herein more particularly described by metes and bounds as follows: COMMENCING at a %" capped iron rod at the southwest property corner of the said Chavez tract, said point being the northwest property corner'of a tract of land conveyed to the City of Denton by deed as recorded in Denton County Clerk's File No. 96-0034339 (D.C.C.F.No.), said point also being on the existing easterly right-of-way of South Mayhill Road; THENCE, Nodh ~4 degrees 06 minutes 39 seconds East, along the west property line of the said Chavez tract and along the said right-of-way line of South Mayhill Road, 150.12 feet to the POINT OF BEGINNING; THENCE, North 4 degrees 06 minutes 39 seconds East, continuing along the said property line and said right-of-way line, 146.36 feet to a point; THENCE, North 88 degrees 21 minutes 07 seconds West 26.79 feet to a point on the west line of the said Gideon Walker Survey, said point being at the approximate centedine of South Mayhill Road; THENCE, North 3 degrees 37 minutes 40 seconds East, along the west property line of the said Chavez tract and along the said survey line, 118.4.9 feet to the northwest property corner of the said Chavez tract; THENCE, South 88 degrees 30 minutes 57 seconds East at 27.79 feet passing a RR-TIE corner post at the southwest property corner of a tract of land conveyed to the City of Denton by deed as recorded in D.C.C.F.No. 99-0088982, continuing in all 740.93 feet to a 1/2" iron rod found at the northeast property corner of the said Chavez tract; THENCE, South 2 degrees 02 minutes 53 seconds West, along a easterly property line of the said Chavez tract and along a westerly property line of a tract of land conveyed to the City of Denton by deed as recorded in D.C.C.F. No. 95- 0072063, 180.4.0 feet to a RR-TIE corner post at a southeast property corner of the said 'Chavez tract, said point being the northeast property corner of a tract of land conveyed to the City of Denton by deed as recorded in D.C.C.F.No. 96- 0021132; THENCE, North 88 degrees 53 minutes 11 seconds West, along a southerly property line of the said Chavez tract and along the north properly line of the said City of Denton tract (96-0021132), 417.21 feet to a 3/8" iron rod found at the nodhwest property corner of the said City of Denton tract (96-0021132); THENCE, South 2 degrees 24 minutes 40 seconds West, along a easterly property line of the said Chavez tract and along a westerly, property line of the said City of Denton tract (96-0021132), 83.10 feet to a point on a nodh common property line of the remainder of land conveyed to Rosa Lee Chavez by deed recorded in Volume 676, Page 369 of the D.R.D.C.T.; THENCE, Nodh 88 degrees 14 minutes 03 seconds WeSt, along the said common properly line, 304.97 feet to the POINT OF BEGINNING; The tract of land being herein described contains 3.6469 acres (158,859-Sq, Ft.) of land. EXHIBIT B AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 1, 2004 Engineering Jon Fortune, Assistam City Manager SUBJECT Consider approval of a resolution authorizing the City Manager or his designee to execute a Quit Claim Deed, and any other documems necessary to convey approximately 0.573 to Hickory Creek (DeNon) Homeowners Association, said 0.573 acres being situated in the S.A. Venters Survey, Abstract No. 1315, in the City of Denton, Denton County, Texas, and being a part of Block A, Lot 4, of Hickory Creek Ranch, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page 241 of the Plat Records of Denton County, Texas, and providing an effective date. BACKGROUND The City was made aware of the fact that the developer of Hickory Creek Ranch Phase 2 conveyed a tract of land to the City in a deed that was recorded in January of 2001. This tract comained an approximately 0.588 acres within the 100-year flood plain that should have been dedicated to the City, as well as an approximate 0.573 acre area that is burdened by overhead power transmission lines that was not able to be developed. This area should have been included as part of the common area for the subdivision, and should be managed and maimained by the Home Owner's Association. The City was made aware of this issue by a code enforcemem action. Our procedure, since the City did not accept the conveyance, is to request that the conveyance be nullified and the nuisance issue be rescinded back to the property owner. The City of DeNon has no resources to take over maimenance responsibility for subdivision lots or land tracts that are orphaned because of the lot layout design or the parceling out of larger tracts for development. The City also does not actively maintain flood plain areas; they are left in their natural state. Staff recommends approval of the Resolution and execution of the Quit Claim Deed. The Hickory Creek Home Owner's Association and their legal counsel have been apprised of the situation and City crews have cleaned up and mowed the entire area as a measure of good faith prior to this conveyance of the property back to the Home Owners Association. OPTIONS 1. Approve the Resolution, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the Resolution PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None ATTACHMENTS Location Map Resolution and Agreement Survey Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department ~nveyance Tract 0;573 Acre 100 year FlOOd Plain Retained bY CitY of Denton 3:588 ACre OLD ALTON &\Our Documentsh,~esolutionsXO4kHickory Creek HOA Quit Claim Resolution.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE CONVEYANCE OF CERTAIN REAL PROPERTY DESCRIBED IN THAT CERTAIN DEED FROM HICKORY CREEK (DENTON) HOMEOWNERS ASSOCIATION, INC., ("HOA") TO THE CITY DATED JANUARY 30, 2001, RECORDED IN VOLUME 4775, PAGE 01285 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND TO EXECUTE A QUIT CLAIM DEED FOR AN APPROXIMATE 0.573 ACRE PORTION OF SAID PROPERTY TO THE HOA, SAID PORTION BEING A PART LOT 4, BLOCK A OF HICKORY CREEK RANCH, PHASE 2, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Hickory Creek (Denton) Homeowners' Association (the "HOA") signed and recorded a warranty deed to the City of Denton, Texas (the "City") dated January 30, 2001 and recorded in Volume 4775, pages 01286-01287 of the Real Property Records of Denton County, Texas, attempting to convey to the City Lots 3 and 4, Block A of that certain plat of Hickory Creek Ranch Phase 2 according to the plat thereof recorded in Cabinet S, Page 242 of the Plat Records of Denton County, Texas (the "Property'); and WHEREAS, the City desires to accept the conveyance except for a portion of the Property, being a portion of Lot 4 containing approximately 0.573 acres of land (the "Quit Claim Property") as more particularly described in Exhibit "A" to the Quit Claim Deed and Acceptance of Conveyance attached hereto and made a part hereof by reference (the "Quit Claim Deed"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City Manager or his designee is hereby authorized to execute the Quit Claim Deed on behalf of the City of Denton and to execute all other documents necessary to effectuate this transaction. SECTION 3. This resolution 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 Page 2 QUIT CLAIM DEED AND ACCEPTANCE OF CONVEYANCE THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Hickory Creek (Denton) Homeowners' Association (the "HOA") signed and recorded a warranty deed to the City of Denton, Texas (the "City") dated January 30, 2001 and recorded in Volume 4775, pages 01286-01287 of the Real Property Records of Denton County, Texas, attempting to convey to the City Lots 3 and 4, Block A of that certain plat of Hickory Creek Ranch Phase 2 accord/ng to the plat thereof recorded in Cabinet S, Page'242 of the Plat Records of Denton County, Texas (the "Property"); and WHEREAS, the City desires to accept the conveyance except for a portion of the Property, being a portion of Lot 4 containing approximately 0.573 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Quit Claim Property"); The City does hereby accept the conveyance of the Property, save and accept the Quit Claim Property, and the City for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, does by these presents, QUIT CLAIM unto the HOA, its successors and assigns, all of the City's right, title and interest in and to the Quit Claim Property. TO HAVE AND TO HOLD all of the City's right, title and interest in and to the Quit Claim Property unto the HOA, its successors and assigns forever, so that neither the City nor its successors or assigns shall have, claim or demand any fight or title to the Quit Claim Property. Witness my hand, this the day of _, 2004. CITY OF DENTON, TEXAS By:. ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff City Manager BY: APPROVED AS TO FORM: HERBERT L. P UTY, CF~ ATTORNEY ACCEPTED: (~~/ HICKORY CREEK (DENTON) HOMEOWNER'S ASSOCIATION, INC. BY: Name: Title: ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of said city. 2004 by Notary Public, in and for the State of Texas. My Commission Expires: THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , the , Homeowers Association, Inc., on behalf of said corporation. of the Hickory Creek 2004 by (Denton) Notary Public, in and for the State of Texas. My Commission Expires: EXHIBIT A Arthur S ,, ,2r veyd ng Co., I o nc. P,O. Box 54 -- Lewiaville. T~ms 75067 Office: (97'2) 2:21-9439 ~ Fax: (972) 2214675 0.573 Conveyanee Tract Part of Block & Lot 4 Hickory Creek Raneh Phase 2 City of Denton, Denton County, Texas City of Denton Project JDE No. 686559 City of Denton Project Name: Hickory Creek Plat Amendment Being a 0.573 aero tract of land situated in the S. A. Venters Survey, Abstract No. 1315, in the City of Denton, Denton County, Texas, and being a part of Block A, Lot 4, 0f Hickory Creek Ranch, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page 24i of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 518 inch iron rod with a yellow cap marked "Carter & Burgess" formd for the northwest comer of the herein desen'bed 0.573 acre tract, same point being the northeast comer of Lot 1, Block G of said Hickory Creek llm~h, Phase 2, same point being in the south line of Monteeito rtdve (a 60 foot right- of-way); THENCE South 88 degrees 35 minutes 47 seconds East, along the north line of the heroin deser~cd 0.573 tract and thc south line of said Montecito Drive, passing at a distance of 172.86 feet a ½ inch iron rod with a yellow cap marked "Arthur Surveying Company" set for the northwest corner afc 0.588 acre drainage tract, continuing on said course for a total distance of 188.23 feet to a ½ inch iron rod with a yellow cap marked "Arthur Surveying Company" set for the northeast comer of the herein described 0.573 acre tract, same point from which a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" found for tho northeast comer of said Block A, Lot 4 and the northeast comer of said 0.588 acre Drainage tract bears South 88 degrees 35 minutes 47 seconds East, a distance of 194.02 feet; THENCE South 11 degrees 08 minutes 52 seconds East, along the east line of the herein described 0.573 acre tract, a distance of 126.11 feet to a ½ inch iron rod with a yellow cap marked "A~thur Surveying Company" sot for the southeast comer of the herein described 0.573 acre tract, same 'being in the south line of said 0.588 acre Drainage tract, same point being in the north line of Lot 10 of aid Alton Estates, an addition to Denton County, Texas, according to the Plat thereof recorded in Volume 13, Page 25 of tho Plat Records of Denton County, Texas, same point being in the south linc ofsald Block A,. Lot 4, same point from which a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" found ar thc southeast comer of said Block A, Lot 4 and the southeast corner of said 0.558 acre Drainage tract beam South 88 degrees 52 minutes 47 seconds East, a distance of 192.76 feet; TI-IL~CE North 88 degrees 52 minutes 47 seconds West, along the south line of the b. erein described 0.573 acre tract and said Block A, Lot 4 and said 0.588 aero Drainage tract and along the north tine of said Lot 10, passing at a distance of 1535 fe~t a ~ inch iron rod with a yellow cap marked "Paxhur Surveying Company'* set for the southwest corner of said 0.588 acre Drainage tract, continuing on passing the northeast comer of Lot 11 of said Old Alton Estates, continuing on said course for a total distance of 215.64 feet to a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" found for the southwest comer of the heroin described 0.573 acre tract, same point being the southwest corner of said Block A, Lot 4, same point being the southeast comer of said Lot 1, Block G; THENCE North 01 degrees 24 minutes 13 seconds East, along the west line of the herein described 0.573 faf2 rthur Co., P.O. l~ox 54 ~ LewiBville, T~.a8 75067 Offioe: (972)221-9~39 ~ Fax: (97~) :2:21-4675 acr~ tra~ and th© west line of said Block A, Lot 4, and along lhe e&st line of ~lid Lot 1, Blo~:k G, a dimnc~ of 124.16 feet to tt~ POIlqT OF BEGINlqlNG and containing a total of 0.573 acm of land, mare or less, and b~ing subject to any and all easements tl~ may affect. 2of2 '"'x ' I T (IVO~I 711'~£ (lO0til ix \. I \x\\ / / ? ]1 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 1, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0015 (Racetrac) Hold a public hearing and consider adoption of an ordinance rezoning approximately 1.8 acres from Employment Center industrial (EC-i) zoning district to Employment Center Commercial Downtown (EC-C) zoning district. The property is located on the southeast corner of Mayhill Road and University Drive. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicant: Kimley-Horn & Associates, Inc. Dallas, TX The applicant is requesting to downzone the property for retail sales and service uses. Based on the current Employment Center industrial (EC-i) zoning designation, quick vehicle servicing is allowed, however retail sales and services (e.g. convenient stores) are not permitted. The Employment Center Commercial (EC-C) zoning designation permits quick vehicle servicing and retail sales and services, with no limitations. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received two written responses in favor and one response in opposition. Currently, 2.7% of the land within 200 feet of the subject property is in opposition to the request. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to issuance of building permits. PRIOR ACTION/REVIEW The following is a chronology of Z04-0015: April 28, 2004, Planning and Zoning Commission recommended approval (7-0) of the request to rezone 1.8 acres from Employment Center industrial (EC-i) zoning district to Employment Center Commercial Downtown (EC-C) zoning district. Ordinance 2002-040, adopted February 2002, placed the subject property in the Employment Center Industrial (EC-I) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned Agricultural. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photo 5. April 28, 2004, Planning & Zoning Commission Meeting Minutes 6. Draft Ordinance Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting to rezone approximately 1.8 acres from the Employment Center Industrial (EC-I) zoning district to the Employment Center Commercial (EC-C) zoning district. The requested zoning change would allow the applicant to develop the property for quick vehicle servicing and retail uses. Quick vehicle servicing is allowed in the Employment Center Industrial (EC-I) zoning designation, but retail sales and services are not permitted. Existing Condition of Property The subject property is vacant. Adjacent Zoning North: Employment Center Industrial (EC-I) zoning district South: Employment Center Industrial (EC-I) zoning district East: Employment Center Industrial (EC-I) zoning district West: Employment Center Industrial (EC-I) zoning district Comprehensive Plan Analysis The subject site is located within an "Employment Center" future land use area. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Adequate public facilities shall be a criterion by which zoning is granted. The proposed commercial uses are compatible with the Employment Centers designation as stated within the Denton Plan. The request to rezone the subject property is compatible with the Future Land Use Plan (Employment Centers) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation A TIA (Traffic Impact Analysis) will be required during the platting process. Public Infrastructure Adequate utilities capacity exists to serve the proposed use. Development Code/Zoning Analysis The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary uses. The Employment Center Industrial (EC-I) zoning district and Employment Center Commercial (EC-C) zoning district permit a broad array of commercial and institutional uses. The chart below illustrates the differences between the two zoning districts. Limitations for each use are explained below the chart. Hotels P P Motels P N Retail Sales and Service P N Movie Theaters N N Restaurant or Private Club P P Drive-through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Outdoor Recreation P N Commercial Parking Lots P P P= Permitted N=not permitted Food Processing N N Light Manufacturing P P Heavy Manufacturing N N Wholesale Sales P P Wholesale Nurseries N L (32) Distribution Center N P Wholesale Storage and Distribution N L (34) Self-service Storage P P Construction Materials Sales N P Junk Yards and Auto Wrecking N N Kennels P P P= Permitted N=not permitted Hospital P N Elderly Housing P N Medical Centers P N P= Permitted N=not permitted Limitations: L (32) - Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (34) - Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. The limitations listed above regulate the specifics of each use allowed within the zoning district. Any proposed development on this site is required to be in compliance with the site design standards of the Development Code. The chart below illustrates the difference between the two zoning districts, with regard to general zoning district regulations: Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 100 feet 65 feet Staff Findings The proposed zoning change is compatible with neighboring zoning designations, and is in compliance with the intent of the Denton Plan. Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change. ATTACHMENT 2 Location/Zoning Map ETJ NORTH Land Use Map Employment Centers ~ r Employment Centers Employment Centers~ >- ATTACHMENT 3 Notification Map NORTH Scale: None Public Notification Date: April 13, 2004 200' Legal Notices* sent via Certified Mail: 8 Number of responses to 200' Legal Notice: · In Opposition: 1 · In Favor: 2 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Zoning Notification Sign 1 2 5 6 7 8 9 10 11 · 12 ~13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 7 9 10 1t 12 13 14 t5 6 7 8 9 20 21 22 23 24 25 Attachment 5 overlay will be to restrict mulfi-fam,,y us~long mc ~ z frontage of Hinlde Drive. So if we want to extend it for 2 the entire property, I think we've going to have to 3 re-advertise and send new notices out. 4 MS. CARPENTER: ~rhat's fine. 5 COMMISSIONER MUI2ROY: BUt We could continue 6 it and re-notify7 7 MR. sNYOER: Right. Just make sure we give 8 ourselves enough time to do that. 9 COMMISSIONER MULROY: SO I'm. thinking in 10 order for you to develop a plan and then have a venue with . 11 the neighborhood, that we're looking at four weeks minimum 12 anyway. So I'm thinking out loud in concert with gone 13 predecessor conunents, and if that's okay with you, we'll 14 keep that in mind. I have several commissioners that 15 would like to speak. Mr. Powell.. . 16 COMMISSIONER POWELL: YeS. Would there be 17 bY necessity any kind of connectivity between the shopping 18 center and this site if it was developed7 I guess that's 19 a question for staff. It would seem to me that there 20 would have to be, but I don't know that, so I'm asking. 21 MR. FUr, leg: The Code requires connectivity 22 with undeveloped land, however given this parcel's 23 position and the probable continuance we can have our 24 traffic engineer answer these questions prior to the next 25 /_~ Page 35 ~,¢ertay for, to~ . don't think we'd want to be adding uses to a district, COMMISSIONER MULROY: subtracting is what we would be doing, MR. SNYDER: Yeah. And putting other conditions. -COMMISSIONE~ MULROY: Right. Thank you, Ed. Mr. Powell. COMMISS[ONEI~ POWELL: I just want to make one point that hasn't been made and I kind of alluded to it earlier, but the NR-4 that'S existing is higher density than'the m~-3 across Hinkle. Normally, that wouldn't sit well with hommwn~r$. But in this case, it might. 1 don't know. I just pass that on for whatever it's worth. It is higher density than What they have across the street. And that's what's there, and t would assume it's there as kind of a buffer between th0NRMU-I2 or whatever. Comment only. COMMISSIONER MULROY: Thank you, Mr. Powell. Is there any further questions or conmaents by Commissioners? If not, we will entertain a motion. Mr. Roy. COMMISSIONER ROY: I move that this itmn be continued for four weeks. COMMISSIONER STRANGE: second. Page 34 Public hearing. COMMISSIONER POWELL: seemingly, connectivity there would help the Hinkle problem. I'm not an engineer, but it looks to me like it would be of some help anyway, Hinldc traffic problem, excuse me. COMMISSIONER MULROY: Thank you, Mr. Powell. Mr. Johnson. COMMISSIONFeaq. JOHNSON: Thank you. Just looking at my little chart here, Nmwo single family dwellings are not permitted. So if w~ go ~m~o. then we cannot have single family in this section; is that correct? MS. CARPENTER: Thc table in Chapter 5 says single family home* are not permitted in the N~MU. COMM[SS[ONEI'{ MULRO¥: If we do continue the case, they could como back with some down zoning -- COMMISSIONER JOHNSON: W{31I, ] gl.lesS that was going to be my point. If we come back with something later on, if we want to put single family in here, the~ we're probably nat talking t, mMU. So we need to be real careful on what we're looking at for zoning if we come back. COMMISSIONER MULROY: Good point, John. MR. SNYDm: Can I point something else out, too? We need to be careful about what we use the Page 36 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER MULROY: I have a motiou by Mr. Roy, a second by Mr. Strange for a continuance for a minimum - for four weeks. And we'll be -- MS. CARPEhrrER: ~rhat's enough time. COMMISSIONER ROY: Date certain? MR. SNYDER: NO. We don't have to do it a date certain, but four weeks is not when our next meeting will be. COMMISSIONER MULROY: okay. MS. CARPENTER: The second meeting in May would be accurate language. COMMISSIONER MI. JLROY: The second meeting in May. COMMISSIONER ROY: I amend my motion to recommend thc second meeting in May. COMMISSIONER MULROY: w~'rg up tO speed on our motion. If there's no further discussion -- COMMISSIONER PowELL: IS there a second? COMMISSIONER MULRO¥: Yes, Mr. ~trange, If there'.~ no further di.~cussion, please vote. Motion carries 7-0. Thank you, Chris. And we will re-advertise. ' Next on the Agenda it Item 4D, rezc~ning etII i.8 acres. And Mr. Fuller will pre~ent. MR. VOt.~.nR: Thank you. Good evening. The applicant is requesting to down zone 1.8 acres from the PLANNING AND ZONING APRIL 28TH, 2004 MINUTES Page 33 - Page 36 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,24 25 Page 37 ECI to the ECC zoning designa~ a. A convenience store and fuel pumps are proposed. Based on the current zoning designation, quick vehiele servicing is allowed, however, retail uses and services are not permitted. Staff mailed eight legal notices to property owners within 200 feet of the subject property. We received two written responses in favor and one written response in opposition. Opposition is currently 2.7 percent. The proposed zoning change is compatible with the neighboring zoning designations.. Staff reconunends approval. Thank you. COMMISSIONER MULROY: Thank you, Chris. Is the applicant here -' MR. FULLER: I believe so. COMMISSIONER MULROY: -- tO answer questions or present? If you'll give us'your name and address, please, sir. MR. GUILLORY: My name is Brandon Guillory. COMMISSIONER MULROY: Speak up a littIe bit. MR. GUILLORY: Sorry. My name is Brandon Guillory. I'm with Kemley, Horn and Associates, 12700 Park Central Drive, Dallas, Texas. COMMISSIONER MULROY: okay. Thank you. MR. GUILLORY: We don't have anything to Page 38 1 present. We're here to answer any questions you have. 2 coMMIssIONER MULROY: All fight. Thank 3 you, Brandon. Any questions of Mr. Ouillory? No 4 questions and let me back up if I did not open the public 5 hearing, I certainly meant to. Consider it open. Any 6 questions of the applicant? 7 MS~ CARPENTER: [ have no cards. 8 COMMISSIONER MULROY: Arid there's Re 9 questions. There's no citizens that wish to speak, so I'm 10 going to close the public hearing. And we're open to 11 motions or discussion. Mr. Johnson. 12 'COMMISSIONER joHNSoN: l'II move approval. 13 COMMISSIONER MtJLROY: I have a motion by 14 Mr. Johnson. 16 COMMISglONER MULROY: A second by Mr. 17 Strange for approval. No further discussion, please vote. 18 Motion carries 7-0. ~Thank leu.I 19 And we go to Item No. 5~Future'Agenda 20 Items. And with the con~ensus of my fei!ow cowan, issioners, 21 I'm going to ask that we discuss the'overlay district 22 theory and, specifically, the exactitude of the wording as 23 written and what proposed changes staff may have to make 24 it better suited for these purposes. 25 COMMISSIONER POWELL: At a work session? 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 C ~IISSIONER MULROY: Yes. At a work scs. sion. COMMISSIONER ROY: Sounds like a good idea. MS. CARPENTER: We're prepared for May 12th. COMMISSIONER MULRO¥: We have consensus. We have preparation. Okay. Thank you very much. The meeting is adjourned. (Meeting adjourned.) PLANNING AND ZONING APRIL 28TH, 2004 MINUTES 'Page 37 - Page 39 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVDING FOR A ZONING CHANGE FROM EMPLOYMENT CENTER INDUSTRIAL (EC-i) ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 1.8 ACRES OF LAND LOCATED ON THE EAST SDE OF MAYHILL ROAD, ON THE SOUTH SIDE OF UNIVERSITY DRIVE, AND APPROXIMATELY 1,500 FEET NORTH OF BLAGG ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0015) WHEREAS, Kimley-Horn & Associates, Inc. has applied for a change in zoning for approximately 1.8 acres of land located on the east side of Mayhill Road, on the south side of University Drive, and approximately 1,500 feet north of Blagg Road as more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Employment Center Industrial (EC-I) zoning district to the Employment Center Commercial (EC-C) zoning district classification and use designation; and WHEREAS, on April 28, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as if fully set forth herein. SECTION 2. The zoning district classification and use designation of the Propertyis hereby changed from Employment Center Industrial (EC-I) zoning district to the Employment Center Commercial (EC-C) zoning district classification and use. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ 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 EXHIBIT A BEING a tract of land situated in the M. Forrest Survey Abstract 417, being a portion of a tract of land deeded to Key Roberts Partners LTD. as described in a Special Warranty Deed, as recorded in, Volume 4496, Page 3244 Deed Records Denton County Texas (DRDCT), being more particularly described as follows: (basis of bearing being the south ROW line of U.S. Highway 380 as described in Easement, recorded in County Clerk No. 96-R0016429.): BEGINNING at a brass TXDOT Monument at the southern point of a comer clip at the southeast comer of the intersection of U.S. Highway 380 (a variable width right of way) and Mayhill Road (undefined right of way); THENCE N 42°10'19" E, along said comer clip, a distance of 109.29 feet to a 5/8" capped iron rod (BHB INC.) set in the south right of way line of U.S. Highway 380; THENCE N 80°43'55" E, along the south right of way line of said U.S. Highway 380, a distance of 232.27 feet to a set 5/8" capped iron rod (BHB INC.); THENCE S 09°16'07'' E, departing said right of way, a distance of 243.98 feet to a set 5/8" capped iron rod (BHB INC.); THENCE S 80°43'55" W, a distance of 357.05 feet to a set 5/8" capped iron rod (BI-lB INC.) in the east tine of the aforesaid Mayhill Road; THENCE N 03020'07" E, along the east line of Mayhill Road, a distance of 180.19 feet to the POINT OF BEGINNING containing 1.792 acres or 78,065 square feet of land more or less. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 1, 2004 Parks and Recreation Department Howard Martin, 349-8232 ~ SUBJECT Consider an ordinance of the City of Council of the City of DeNon approving a license agreemem between the City of Denton, Texas and the Girl Scouts Cross Timbers Council pertaining to the cominued use of a building located within Civic Cemer Park; and providing an effective date. BACKGROUND The Girls Scout Cross Timbers Council has used the "log cabin" in Civic Cemer Park between the Civic Cemer and City Hall for many years. The building has been maimained by the Girls Scouts Cross Timbers Council for Girl Scout activities. The City of DeNon recognizes the legitimate use of the building and the significance of the program it provides to the community and desires to cominue this arrangement under a legal agreement. The License Agreement states that the Girl Scouts Cross Timbers Council may only use property for Girl Scout activities, acquire the written permission of the Parks and Recreation Department before any modifications to the building or surrounding grounds be made, and maimain the building and affected grounds in a clean and orderly manner and in compliance with City codes, ordinances and park rules. It also requires that the City of Denton will not make modifications that will prevent the Girl Scouts from using the facility for its stated purpose and will make all decisions related to property modifications based on the best interest of the community and the long-term needs of Civic Center Park. OPTIONS Council options include the approval or denial of the ordinance and agreemem as submitted. Council may also opt to modify the agreemem. RECOMMENDATION Staff recommends approval of this ordinance and agreemem. ESTIMATED PROJECT SCHEDULE This agreemem will become effective upon approval by the City Council. PRIOR ACTION/REVIEW No prior action was required related to this item. FISCAL INFORMATION This action will have no impact on the City's General Fund budget. All operation and maintenance costs for this building are the responsibility of Girls Scouts Cross Timbers Council. EXHIBITS 1. Ordinance 2. License Agreement 3. Map Respectfully submitted: Janet Simpson, Director Parks and Recreation Department Prepared By: Emerson Vorel Park Superintendent ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GIRL SCOUTS CROSS TIMBERS COUNCIL PERTAINING TO THE CONTINUED USE OF A BUILDING LOCATED WITHIN CIVIC CENTER PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is the owner and operator of a municipal park known as Civic Center Park which is located in the City of Denton, Denton County, Texas (the "Park"); and WHEREAS, the Gift Scouts Cross Timbers Council (the "Council") has for many years used a building located on the Park for girl scout activities; and WHEREAS, the City and Council desire to memorialize such usage through a license agreement a copy of which is attached hereto and made a part hereof by reference (the "License Agreement'); and WHEREAS, the City Council finds that the License Agreement is in the public interest and the activities under the License Agreement are a park and recreation activity; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein, by reference. SECTION 2. The City Council of the City of Denton hereby approves the License Agreement and authorizes the City Manager, or his designee to execute it on behalf of the City of Denton and to carry out the City' s rights and duties under the Agreement. SECTION 3. approval. This ordinance shall become effective immediately upon its passage and 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: ~ Page 2 LICENSE AGREEMENT This Agreement is made this -]naJOq-/~ _qtocor~t~ day or /~?l~lL ~, 2004, by and between the CITY OF DENTON, 'TEXAS;J, a-h~>me 'r~le municiPal Corporation (Licensor"), and GIRL SCOUTS CROSS TIMBERS COUNCIL, a Texas non-profit corporation ("Licensee"). RECITALS a. Licensor is the owner of a public park called Civic Center Park. On Civic Center Park is a building that has been occupied by Licensee for several years. Such building is located as shown on the drawing attached hereto and. made a part hereof as Exhibit "A" (the "Property"). b. Licensee desires to continue to exercise certain rights and privileges upon the Property. NOW, THEREFORE, it is agreed as follows. 1. Licensee shall have the right to use the Property for girl scout activities in the same manner as it has done so in the past. The parties acknowledge and agree that such activities are park or recreational activities and constitute a park purpose. No other uses of the Property or modifications to the building or surrounding grounds are permitted without the prior written consent of Licensor. Licensee shall maintain the Property including the building and surrounding grounds in a clean and orderly manner and in compliance with City of Denton codes, ordinances and park rules. 2. While this license is in effect Licensor will not make modifications to the Property that will prevent Licensee from using the Property for the purposes stated in Section 1 above and any such modifications by Licensor will be based on the best interests of the citizens of Denton and the long-term needs of Civic Cemer Park. 3. This license is personal to the Licensee. It is not assignable, and any attempt to assign this license will terminate the license. 4. This agreemem is terminable by either party at will by the giving of actual notice to the other party. 5. Licensee shall hold harmless, release, defend, and indemnify Licensor against any suits, liabilities, claims, demands, or damages, including but not limited to personal injuries, property damages and attorneys' fees, arising from Licensee's exercise of the license under 'this Agreement. Signed effective as of the date first above written. ATTEST: CITY OF DENTON, TEXAS BY: Michael A. Conduff City Manager Jennifer K. Walters City Secretary APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrumem was acknowledged before me on the __ day of ,2004 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of said city. Notary Public, in and for the State of Texas My Commission expires: STATE OF TEXAS ) couNTY ) This instrument was acknowledged before me on the0~O~ day of /~9~,'/ ,2004 by Ald~-;d~ a~,,,,,[ , the t2ha;~. ~,,tu~.nl~tt-/),Tre~/o~f Gini-Scouts Cro~s Timbers Council on beb2alf Of said corporation. ~ ,~ - d ~blic, in and for the State of Texas My Commission expires:/ Page 3 Exhibit A AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 15, 2004 Police Jon Fortune, Assistam City Manager SUBJECT: Consider approval of a resolution of the City Council of the City of Demon, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Cemral Texas Council of Governmems (NCTCOG) for a regional solid waste program local project; Authorizing the City Manager, or his designee, to act on behalf of the City of Denton in all matters related to the application; and pledging that if a project is received, the City of Demon will comply with the project requiremems of the NCTCOG, the Texas Commission on Environmental Quality, and the State of Texas; and providing an effective date. BACKGROUND: On September 1, 2000 the City of Denton created an Environmental Crimes Unit staffed by a licensed Police Officer, funded by a North Cemral Texas Council of Governmems (NCTCOG) illegal Dumping/Litter Abatemem Program gram. This program has resulted in over 695 citations issued and over 15 arrests, including nine misdemeanor and six felony charges. Through this program "No Littering" and "No Dumping" signs have been placed throughout the City of Demon and training has been provided to police officers. Educational materials have been provided to the public, both in English and Spanish, and the Environmemal Crimes Unit has been featured in several news stories by local and regional media. The Environmemal Crimes investigator, Officer Mike Sweet, also provided valuable represemation as past vice-chair on the NCTCOG Regional Solid Waste (SiD) Stop illegal Dumping Ad-Hoc subcommittee. The City of Denton Police Department is requesting authorization to file a grant application with the NCTCOG to fund an educational project entitled the "Bikebot imeractive Education for illegal Dumping Awareness and Prevemion." This funding will be used to purchase bi-lingual educational materials for public distribution and one Bikebot, a unique educational tool consisting of a radio comrolled full sized children's tricycle with a muppet type character mounted so that it appears to pedal itself around. The muppet has interchangeable heads so that it can be used for any target group. The Bikebot is equipped with a microphone, cassette and MP3 player mounted in the chest cavity for playing pre-selected music or messages or the operator can use a headset and make the Bikebot, with it's mouth moving, converse with an audience while the operator is hidden from view. The Bikebot can be used in classroom settings, conferences, fairs, festivals, inside or out. Using a Bikebot for litter and illegal dumping education will be a first in the North Central Texas area. The Bikebot is a versatile educational tool that will make a profound and lasting impression on its audience while drawing attention to the problem of illegal dumping and litter, thereby providing proactive, comprehensive educational programs and the long-term, positive impact that is desired. OPTIONS 1. The City Council can choose not to approve the resolution. 2. The City Council can approve the resolution. RECOMMENDATION Staff recommends approval of the resolution. PRIOR ACTION/REVIEW: None FISCAL IMPACT: The requested gram funding consists of $7,500 for a Bikebot and bilingual primed materials for the "Bikebot Interactive Education for Illegal Dumping Awareness and Prevention" program. The required local match consists of in-kind contributions, specifically currem employee salary and benefits and office space including utilities, totaling $44,134.20. Therefore, the City of Demon will incur no additional cost for this program. Prepared by: Respectfully submitted, Charles Wiley Chief of Police Joanie Housewright Captain Operations Bureau FY05 Solid Waste Implementation Project Application North Central Texas Council of Governments PLEASE NOTE: This project application is the second of two documents that must be read. The Request for Projects document should be read first for detailed instructions on how to develop a successful project and how to complete the application. If you have questions, please contact Kathleen Graham at kgraham~nctco.q.or_ _ :- g or (817) 695-9217. Application Checklist Proiect Applicant Information: Please complete all the information regarding your local government including the name of the organization, the contact person, the complete mailing address with zip code, plus the relevant telephone and fax numbers for the contact person as well as their email address. [] Proiect Title and brief description of what the fundinq will cover: Please furnish a concise title for your project and a very brief description of why your local government is seeking project funds. General Project Information: o Project amount must be more than $5,000 o List the Goal from the SEE Less Trash Regional Plan does the project implements o List the objective and action recommendation the project covers o List other jurisdictions included in the project and if it cooperative or regional in its scope [] Project Description and Work Program [] Authorized siqnature: Please have an individual with contract signing authority sign and date your application. Project Budget Summary: o Indirect Cost Allocation Plan: If indirect costs are included in the project budget, attach the applicant's latest indirect cost allocation plan, including documentation of approval of the plan and the indirect cost rate by the applicant's Federal Cognizant Agency or State Coordinating Agency. Local Certification: Please read and verify all the information concerning Local Certification. Please have an authorized representative of your organization sign and date this page. o TCLEOSE Certification: If the applicant is a law enforcement entity, and if compliance with TCLEOSE rules is still pending, attach a certification from TCLEOSE to indicate that the applicant is in the process of achieving compliance with the rules. Assurances: Please read and verify all the information concerning Assurances and verify these requirements will be met. Please have an authorized representative of your organization sign and date this page. [] Consideration of the Private Industry: All applicants read and complete this certification. Resolution: The governing body of the applicant must approve a resolution or court order authorizing the acceptance of project moneys if application ranks high enough to be considered for funding. This resolution or court order must be specifically signed and notarized in addition to those signatures required in the project application. [] Original Application and Double-Sided Copies: Please submit one (1) original project application and thirty-five (35) copies of this project application and the copies MUST BE DOUBLE-SIDED. Remember to use Arial font size 11 or an equivalent font size for readability purposes. Please keep project application pages in numerical order. Staple all original project application pages and copies in the upper left hand corner; do not use paper clips. Do not place your project applications in folders or any other type of binding. Do not add any extra information not requested in the project application such as maps, photographs, diagrams, specifications, graphs, etc. North Central Texas Council of Governments FY2005 SOLID WASTE IMPLEMENTATION PROJECT APPLICATION Local Government: Project Contact Name: City of Denton Police Department Environmental Crimes Officer, Michael Sweet Complete Mailing Address with zip code: Telephone Number: 601 E. Hickory St. suite 'E' (940) 349-8181 or Denton, TX 76205 (940) 349-8792 Fax Number: Email Address: (940) 349-7966 mike.sweet@cityofdenton.com "Bikebot Interactive Education for Illegal Dumping Awareness and Prevention" The City of Denton Police Department is seeking funding for an adaptable, interactive education system, consisting of a Bikebot, accessories and bi-lingual printed materials to facilitate a proactive comprehensive education system to further our Stop Illegal Dumping goals. Please check only one goal of the three SEE Less Trash Plan goals, and indicate the specific objective from the Plan with its action recommendation to be addressed by the project (See pages 5-11 in the RFP for additional details). Reminder, projects focusing on priority action recommendations may receive up to 5 bonus points. F~ Time to Recycle Goal [~ Stop Illegal Dumping Goal F~ Assuring Capacity for Trash Goal Specific Objective:_Facilitate public awareness and education opportunities to reduce littering and illegal dumping ActionRecommendation:_Support youth educational activities through schools and public/private organizations; expand public awareness through the media; educate residents, companies, and encourage participation with statewide Keep Texas Beautiful and TCEQ initiatives 4. Amount of Funding Requested (minimum $5,000) $ 7,500 5. Multi-jurisdictional partnerships (Does your project include other jurisdictions and is it cooperative or regional in its scope? Please describe):An interlocal agreement between the City of Denton and the Denton County Fire Marshals Office is being developed that will result in the Denton County Environmental Crime Task Force, the first of its kind in North Texas. Please attach up to two pages with no more than 1,000 words; use Arial Font size 11 (or equivalent) and copy on both sides of the page. See page 25 in the RFP for additional details. 7. Authorized signature (signatory must have contract signing authority): Chief of Police Signature Title _Charles Wiley Print name Date All project timelines beqin on September 1,2004 with the execution of the Interlocal A.qreement and then proceed through the end date of June 30, 2005. 1 8. PROJECT BUDGET SUMMARY (up to 25 points) 1. Personnel/Salaries $ N/A 2. Fringe Benefits $ N/A 3. Travel $ N/A 4. Supplies (general office supplies) $ N/A 5. Equipment (unit cost of $1,000 or more) $ 5,700 6. Construction $ N/A 7. Contractual (other than construction costs) $ N/A 8. Other $ 1,800 9. Total Direct Charges (sum of 1-8) $ 7,500 10.Indirect Charges $ N/A 11. Total (sum of 9 - 10) $ 7,500 arching Fundsiln kind se~ice $ 3420 Please explain in detail any matching funds or in-kind service contributions to be provided by the applicant. $39,436.20= 1/2 year salary for Environmental Crimes Officer dedicated to educational program $4,698.00=1/2 year office, custodial, utilities, and maintenance dedicated for educational program De t aile d PersOn n el~ E~i n ge HI n ~i re ~ t Ch ar ge S B ual ge ti This budget information should be completed if any expenses are entered for Personnel (Line 1), Fringe Benefits (Line 2) and/or In-direct Charges (Line 10) of your Project Budget Summary. In the space below, list the names and titles of individuals whose salaries will be paid for in all or in part from project funds. Also, indicate if funds are for a new or existing employee (attach additional sheets if necessary). Employee name N/A Title Salary $ Employee name Title N/A Salary $ Employee name Title N/A Salary $ Employee name Title N/A Salary $ If your budget lists fringe benefits (Line 2) and/or in-direct costs (Line 10), please provide the following: · Fringe benefit rate: __N/A % · In-direct charge rate*: N/A % *In accordance with the UGMS, indirect charges may be authorized if the applicant has a negotiated indirect cost rate agreement signed within the past 24 months by a federal cognizant agency or state single audit coordinating agency. The applicant may be authorized to recover up to 10% of direct salary and wage costs (excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If you have an approved cost allocation plan, please enclose documentation of your approved indirect rate. 2 This budget section should be completed if any expenses are entered for Travel (Line 3) of your Project Budget Summary. In-state travel expenses directly related to the conduct of the funded project may be authorized. Please descdbe below the types of travel expenses expected, conferenceANorkshop names if known, and purpose for travel. Purpose of travel: N/A Cost: $ Purpose of travel: N/A Cost: $ Purpose of travel: N/A Cost: $ This budget section should be completed if any expenses are entered for Supplies (Line 4) of your Project Budget Summary. Supplies are consumable items that generally have a useful life of less than one year and have a unit cost of less than $1,000. Expenses for food and beverages are not allowable. Please describe below the general supplies expenses you intend to purchase with project funding; attach additional sheets if necessary. General supplies Costs $ This budget section should be completed if any expenses are entered for Equipment (Line 5) of your Project Budget Summary. Equipment expenses include non-construction related, tangible, personal property having a unit acquisition cost of $1,000 or more (including freight and set-up costs) with an estimated useful life over one year. Please describe below the equipment expenses you intend to purchase with project funding, providing as many specifications as possible at this time. Attach additional sheets if necessary. Equipment (description, type, model, etc.) # of units Costs _Bikebot tricycle unit (and listed itemized accessories) 1 $_4,500__ _Bikebot head unit 2 $_ 800__ _Bikebot Robot battery 1 $__ 50__ _Bikebot Transmitter battery 1 $__ 50 _Bikebot MP3 player 1 $ 250__ _Bikebot Operator headset 1 $__ 50 This budget section should be completed if any expenses are entered for Construction (Line 6) of your Project Budget Summary. Construction expenses include the cost of planning the project, materials and labor, cost of equipment attached to the permanent structure and any sub-contracts performed as part of the construction. All local government municipal laws and regulations including USMS for bidding and contracting for services must be followed. Please itemize below the construction expenses associated with the proposed project, providing as many specifications as possible at this time. Attach additional sheets if necessary. Construction (and related expenses) Costs $ This budget section should be completed if any expenses are entered for Contractual (Line 7) of your Project Budget Summary. Expenses include the cost of professional services or tasks provided by firm or individual whom is not employed by the project funds recipient, other than those related to construction. All local government municipal laws and regulations including USMS for bidding and contracting for services must be followed. Please itemize below the contractual expenses associated with the proposed project, providing as many specifications as possible at this time. Attach additional sheets if necessary. Contractual Costs $ $ $ $ $ This budget sheet should be completed if any expenses are entered under the Other (Line 8) of your Project Budget. "Other" expenses are those for items or services that do not readily fit into any of the previous budget categories in this application. If any of the expenses listed below are included in the calculation of your rate for indirect charges, do not list them on this sheet. Attach additional sheets if necessary. Other expenses Costs __ Postaqe/delivery $. __ Telephone/FAX $, Utilities $ X Printing/reproduction $1,500 __ Advertising, public notices $. __ Signage $. __ Training $. __ Office space, equipment rentals $. __ Basic office furnishings $. Books and reference materials $ __ Computer Hardware $. __ Computer Software $ Miscellaneous other expenses (Separately itemize these expenses below:) Painting & Striping unit to match police car (including decals)_ $ 300 $ $ $ $ $ 9. LOCAL CERTIFICATION I. I certify, as an authorized representative of the applicant that the information contained in this project application is, to the best of my knowledge and understanding, true and accurate. II. I agree, as an authorized representative of the applicant that if this project is selected for funding, our organization will comply with all necessary project reporting documentation as outlined in the Request for Projects Section IV, Responsibilities of Project Funds Recipients. III. I certify, as an authorized representative of the applicant, that the applying entity is located in the State of Texas and fits within the governmental classification of a city, county, public school or school district (not including universities or post secondary educational institutions, or a general and special law district, with the authority and responsibility for water quality protection or municipal solid waste management, including river authorities. IV. I certify, as an authorized representative of the applicant, that the proposed project, including all activities in the proposed Work Program, conform to the eligible category standards and allowable expense and funding standards as set forth in the Request for Projects. V. I certify, as an authorized representative of the applicant, that all of the activities in the proposed Work Program are technically feasible and can be satisfactorily completed within the project period as set forth in the Request for Projects. VI. I certify, as an authorized representative of the applicant, that the proposed project activities in the Work Program and the expenses outlined in the Budget are reasonable and necessary to accomplish the project objectives, and that the proposed expenses are consistent with costs of comparable goods and services. VII. I certify, as an authorized representative of the applicant, that the applicant is not delinquent in payment of solid waste disposal fees owed to the State of Texas. VIII. I certify, as an authorized representative of the applicant, that the proposed project is consistent with applicable goals, objectives, and recommendations of the SEE Less Trash Regional Solid Waste Management Plan of the North Central Texas Council of Governments. IX. I certify, as an authorized representative of the applicant requesting local enforcement funds, that with regard to Chapter 415 of the Government Code, the applicant is: __ Not regulated by Chapter 415 of the Texas Government Code. __ In compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education (TCLEOSE) pursuant to Chapter 415, Government Code. __ In the process of obtaining compliance with all rules developed by the Commission of Law Enforcement Officer Standards and Education (TCLEOSE) pursuant to Chapter 415, Government Code. (If compliance is pending, a certification from TCLEOSE must be attached to indicate that the applicant is in the process of achieving compliance with the rules.) Supporting documentation may be signed on the original then photocopied for the additional copies to be submitted. Signature: Typed/Printed name'__Charles Wiley Title: Chief of Police Local Entity:_City of Denton Police Department Date: 10. ASSURANCES If the application is approved for funding, the project funds will be awarded through an Interlocal Agreement contract between the applicant and NCTCOG. The Interlocal Agreement will contain a number of standards, provisions, and requirements that must be complied with as a condition of receiving the project funds. In order to ensure an understanding by the applicant of the main conditions that will be included in the contract, the applicant is asked to review the following assurances. By signing this Assurance, the person acting on behalf of the Entity indicates their understanding of these conditions: Agree to comply with the contract provisions to title and management of real property and equipment. The contract will contain obligations and conditions regarding the use of the equipment and/or facilities acquired under the agreement. Included in the provisions are obligations to provide adequate maintenance and to conduct physical property inventories; restrictions and conditions on the use, replacement, sale, or transfer of the property; and obligations to continue to adhere to the provisions that project funds not be used to create a competitive advantage over private industry, in the use or transfer of the property. II. Agree to respond to annual recycling program surveys and/or requests from the NCTCOG or the TCEQ for information on municipal solid waste management activities. III. Agree to comply with requirements for: reporting on the progress of the project tasks and deliverables; documenting the results of the project and providing those results to the NCTCOG on a schedule established by the NCTCOG; and additionally, to continue to document the results of the project activities for the life of the project; and to provide the NCTCOG with a follow-up results report approximately one year after the end of the project term. IV. Agree to comply with contract provisions and requirements necessary to ensure that expenses are reasonable and necessary, and to adhere to financial administration and reimbursement procedures and to provide financial reports on a schedule established by the NCTCOG. Agree to comply with all the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (Pamph. 1995) and the Single Audit Act as defined by the Uniform Project Management Standards (UGMS), January 1998. VI. Agree to comply with program and fiscal monitoring provisions of the contract, including: providing additional reports or information as may be requested to adequately track the progress of the project; and allowing site visits to evaluate the progress of the project and to view any project-funded equipment or facility. VII. Agree to provide the cash contribution identified in the work program budget with the understanding that if such contribution is not provided during the term of the project NCTCOG may terminate the contract for non- compliance. Signature: Typed/Printed name:_Charles Wiley Title: Chief of Police Local Entity:_City of Denton Police Department Date: 11. CONSIDERATION OF PRIVATE INDUSTRY All applicants must read and complete this certification. According to state law (Section 361.014 (b) TX Health & Safety Code), a project or service funded under this program must promote cooperation between public and private entities, and the grant-funded project or service may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. I certify, as an authorized representative of the Entity, that with regard to the public/private cooperation requirements as outlined in Request for Projects, this project application is: Exempt from these requirements (please check the category that appfies, see list on page 12 of the Request for Projects) Local Enforcement __ Litter and Illegal Dumping Cleanup Projects __ Local Solid Waste Management Plans Household Hazardous Waste Technical Studies __ Educational and Training Projects (Excluding demonstration Projects) Any project not exempted above should check the category below that applies (categories are listed on page 12 of the Request for Projects). The Applicant must also check one of the two statements at the bottom of this page and provide the required written documents. Lack of documentation may delay or disqualify this application. Categories Requiring Private Sector Notification: Source Reduction and Recycling Citizens' Collection Stations, Small Registered Transfer Stations and Community Collection Events __ Educational and Training Demonstration Projects (Any program or project funded with the intent of demonstrating the use of products made from recycled and/or reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials.) NOTE: Applicants that are included in these requirements must certify that it has notified private service providers in accordance with the requirements set forth in the Request for Projects. Applicant further certifies to the best of their knowledge and ability that the proposed project will promote cooperation between public and private entities, is not otherwise readily available, and will not create a competitive advantage over a private industry that provides recycling or solid waste services. Statement of Private Sector Notification: I certify, as an authorized representative of the Entity, that with regard to the public/private cooperation requirements as outlined in Request for Projects, this project application is: Covered by these requirements, but am unaware of any public or private entity which provides similar or related services within the proposed proiect area. (The applicant should attach a description of efforts to research and ascertain other existing services and demonstrate the reason why this option is selected. For example, a description of inquiries that were unsuccessful could be attached.) Covered by these requirements. (The applicant must attach a description of similar or related pdvate sector services within the proposed project area as well as any efforts to contact and plan programs with these commercial services entities) Summaries of Discussions with Private Industry Provide detailed summaries of any input and concerns raised by the private service providers; summaries of any meetings or discussions held between the Applicant and the private service providers; an explanation of any changes made to the proposed project to address private service provider concerns; and an explanation of any remaining concerns that were not addressed and why the applicant determined that the concerns are not valid under the statutory requirements. Attach to the application any written comments or concerns provided by a private service provider concerning the project. (Attach additional sheet, if needed) Private Service Providers Contacted Telephone Number Date Notified REQUIRED ATTACHMENTS TO THE APPLICATION The governing body of the applicant must approve a resolution or court order authorizing the acceptance of project moneys if application ranks high enough to be considered for funding. This resolution or court order must be specifically signed and notarized in addition to those signatures required in the Project Application. This resolution or court order will be due to NCTCOG no later than Friday, June 11, 2004. If indirect costs are included in the project budget, attach the applicant's latest indirect cost allocation plan, including documentation of approval of the plan and the indirect cost rate by the applicant's Federal Cognizant Agency or State Coordinating Agency. If the applicant is a law enforcement entity, and if compliance with TCLEOSE rules is still pending, attach a certification from TCLEOSE to indicate that the applicant is in the process of achieving compliance with the rules. Project Description and Work Timeline: In September 2000 The City of Denton in cooperation with Keep Denton Beautiful was awarded an Environmental Enforcement grant through the North Central Texas Council of Governments to start our Environmental Crimes Enforcement program, which focused on strict enforcement of State and Local environmental laws. This program proved to be a great success with many arrests made, warrants and citations issued. Since then The City of Denton has built upon this foundation and shown its dedication to the goals of the SEE LESS TRASH REGIONAL WASTE MANAGEMENT PLAN by implementation of Stop Illegal Dumping objectives and action recommendations. The City of Denton Environmental Crimes Unit has facilitated public awareness and education through its website, TV spots on local cable channel 26, media articles of both arrests made and helpful tips to aid in proper disposal of waste materials, and hosted the first ever week long T.C.E.Q. Criminal Environmental Law Enforcement Conference (October 2003). We have reduced the number of illegal dumpsites by forming private partnerships with companies, encouraged participation in the "Adopt a spot" program and through Community Development Block Grant funding through H.U.D. The City of Denton is currently developing an interlocal agreement with the Denton County Fire Marshals Office to form north Texas' first Denton County Environmental Crime Task Force. The overall illegal dumping and litter problem in and around The City of Denton has been reassessed. It has become evident that a very proactive "preventative medicine" type of educational approach is necessary to further our Stop Illegal Dumping goals. A program is needed that is flexible enough to include persons of all levels of education, age groups, ethnicity, and race; will have a community "buy-in" component; will be able to change with the changing needs of the community and the Environmental Crimes program goals and a program that will make a lasting impression on the community in and around Denton. This program is the 'Bikebot Interactive Education program for Illegal Dumping Awareness and Prevention'. This program will benefit the 107,000 residents in the Denton area by offering a new and unique approach to environmental education. Due to the portability of the equipment it is not limited to Denton. Programs can be held anywhere in the NCTCOG region. A Bikebot is an educational tool used by many law enforcement agencies and companies for education and motivational purposes. Bikebots are currently in use by the Dallas Police Department, Temple Police Department, Texas Department of Public Safety, U.S. Border Patrol and The Hong Kong Royal Police for safety education programs. A Bikebot is a radio controlled unit consisting of full size childrens tricycle with a muppet type character the size of an 8 year old child mounted on it, (unit height is approx. 2 1/2-3ft tall). The character appears to pedal and steer itself wherever it goes. It is equipped with a cassette player and an mp3 player in the chest cavity for playing preselected music and messages as well as a speaker and microphone so that the Bikebot operator can converse with people in the audience via a headset worn by the operator. The Bikebots mouth moves as the operator speaks to add to the reality. The Bikebot actually teaches the class or speaks to the group while the operator is hidden from view. It can be dressed in a Police uniform or whatever is appropriate for the presentation. The Bikebot has interchangeable head units so that it can appear to be any age, race, or sex needed for the target audience. The Bikebot can be used in a classroom setting, convention setting, fairs, festivals, parades, indoors or out, wherever it is needed. The Bikebot is a versatile educational tool that makes a profound impression on its audience while drawing attention to the problem of Illegal Dumping and Litter. Using a Bikebot for Litter and Illegal Dumping education will be a first in the North Central Texas area. Bilingual stickers and decals with "Stop Illegal Dumping" slogans will be purchased as handouts at program presentations. The community "buy-in" will be a "Name the Bikebot" contest. People can mail in their choice for the Bikebots name. We will have three head units; an old man, a young man, and a Hispanic man. Each head change forms a new character with a different name. With one unique tool we can easily tailor messages to targeted groups; anti-litter programs for elementary school children; illegal dumping for community groups; crime scene safety for environmental crimes investigators; and stop litter and illegal dumping spots for television. Program Timeline September 1 thru 30: · Order Bikebot · Kick off"Name the Bikebot" campaign · Schedule unveiling and winning name winners on DTV CH.26 · Develop slogans and order decals and stickers · Develop programs for classrooms, events, etc. · Write Bikebot announcement press release October 1 thru November 30: · Paint and stripe Bikebot tricycle to match Police Cars · Tailoring Bikebot costumes and operator training · Unveil Bikebot and announce the chosen names on DTV Ch.26 · Distribute Bikebot press release to media Decemberlthru · Schedule · Schedule · Schedule · Schedule June 30, 2005: and hold classes and speak at neighborhood meetings public appearances to speak on litter and illegal dumping issues local DTV cable channel 26 anti-litter spots Schedule appearances at all City of Denton and Keep Denton Beautiful, sponsored "litter free" festivals and events Schedule appearances at NCTCOG and other events upon request Measurable Results · Number of classes held · Number of persons in attendance at class · Number of neighborhood meetings held · Numbers of persons in attendance at meeting · Number of event appearances · Number contacted at event · Amount of materials distributed at meetings and events RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON' S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO FACILITATE PUBLIC AWARENESS AND EDUCATION OPPORTUNITIES; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmemal Quality to administer solid waste project funds for implememation of the COG's adopted regional solid waste management plan; and WHEREAS, the City of DeNon is qualified to apply for project funds under Requests for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of DeNon in all matters related to the project application for a project to facilitate public awareness and education opportunities to reduce litter and illegal dumping and any subsequem project comract and project that may result. SECTION 2. If the project is funded, the City of Denton will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmemal Quality and the State of Texas. SECTION 3. The project funds and any project-funded equipmem or facilities will be used only for the purposes for which they are imended under the project. SECTION 4. The activities will comply with and support the adopted regional and local solid waste managemem plans adopted for the geographical area in which the activities are performed. S:\Our Documents\Resolutions\04\NCTCOG Grant Resolution.doc SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Demon and it is accordingly so resolved. PASSED AND APPROVED this the __day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Resolutions\04\NCTCOG Grant Resolution.doc 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 1, 2004 General Government Michael A. Conduff, City Manager SUBJECT Consider approval of a resolution supporting the contract between the Denton Chamber of Commerce and Applied Behavioral Science and indicating its imemion to approve the applicable funding to perform an image and branding survey as recommended by the Economic Development Partnership Board and Image and Marketing Task Force. BACKGROUND: TIP Strategies, Inc., an economic developmem consultam firm from Austin, was hired to help the City of DeNon form a strategic plan for economic developmem. The strategic plan called for the creation of an economic developmem board (Economic Developmem Partnership Board) made up of govemmem and community leaders to oversee the strategic plan. The economic development strategic plan identifies four project tasks to be steered by separate project task forces. These project tasks are: · Downtown Development · Business Parks · Research Park · Image and Marketing The Image and Marketing Task Force created an action plan that consists of three phases, which are: · Phase I - Perform Image Survey · Phase II - Idemify Brand Image for DeNon and Develop Marketing Materials · Phase III - Implement Marketing Campaign The Image and Marketing Task Force reviewed submittals from four consultants, and imerviewed two of them. The Task Force then selected Applied Behavioral Science as the consultant to do the image survey at a cost of $168,000. ~lhe Denton Chamber of Commerce will pay $84,000 this fiscal year (FY 2003-04) to Applied Behavioral Science and they have asked the City to pay the balance of $84,000 in October 2004. In addition, the Task Force requests $60,000 from the City to fund the total cost of Phase II in fiscal year 2004-05. The total funding request equals $144,000. The DeNon Chamber of Commerce Board of Directors has requested a resolution by the City Council supporting this comract and the FY 2004-05 funding request that will be considered in next year's budget. OPTIONS: · Approve the resolution. · Request revisions to the proposed resolution. · Deny the resolution. RECOMMENDATIONS Approve the resolution showing support of the contract between the Denton Chamber of Commerce and Applied Behavioral Science and also indicating the City's imemion to approve the applicable funding to perform an image and branding survey. ESTIMATED SCHEDULE OF PROJECT Phase I will take 90 days once the agreemem between the DeNon Chamber of Commerce and Applied Behavioral Science is solidified. Phase II will start upon completion of Phase I. PRIOR ACTION/REVIEW Based on the Imaging and Marketing Task Force and Economic Development Partnership Board recommendations, the Chamber Board is ~equesting that the City comribute $144,000 to the project. FISCAL INFORMATION: Total cost of Phase I is $168,000, half of which will be paid by the Chamber of Commerce in FY 03-04. The request is for the balance of Phase I of $84,000 and the funding for Phase II of $60,000 to be paid in FY04-05 pending approval of the budget. Respectfully submitted: Betty Williams Director of Management & Public Information Prepared by: Ben Thatcher Managemem Assistant/City Council S;\Our Documentsh~,esolutiom\04kTIP Resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE CONTRACT BETWEEN THE DENTON CHAMBER OF COMMERCE AND APPLIED BEHAVIORAL SCIENCE AND INDICATING ITS INTENTION TO APPROVE THE APPLICABLE FUNDING TO PERFORM AN IMAGE AND BRANDING SURVEY AS RECOMMENDED BY THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD AND IMAGE AND MARKETING TASK FORCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, TIP Strategies Inc. was engaged by the City of Denton to assist in the formulation of a strategic plan for economic development; and WHEREAS, it was recommended that an Economic Development Partnership Board, comprised of government and community leaders, be responsible for the oversight of the strategic plan; and WHEREAS, the economic development strategic plan encompasses four project tasks identified by TIP Strategies Inc.; and WHEREAS, Image and Marketing was recognized as an essential project task to aid in the promotion of Denton's assets and benefits thus encouraging business growth and retention; and WHEREAS, the Image and Marketing project task is divided into three phases; and WHEREAS, Phase I of the Image and Marketing project task is to conduct an image survey and Phase II is design implementation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council supports the contract between the Denton Chamber of Commerce and Applied Behavioral Science to perform an image survey at a cost of $168,000, with the Denton Chamber of Commerce paying $84,000 this fiscal year. SECTION 2. The City Council expresses its intent to commit funds in its 2004-05 fiscal year budget, effective October 1, 2004, such funding to include $84,000 to supplement the contract with Applied Behavioral Science for the image survey and an additional $60,000 to fund Phase II. SECTION 3. At the time of the approval of the 2004-05 budget the Council intends to approve an ordinance authorizing an agreement with the Chamber of Commerce for Phase I and Phase Ii and the funding referenced herein. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EUL1NE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. BY: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 1, 2004 Utility Administration Howard Martin, 349-8232 SUBJECT Consider adoption of an Ordinance of the City of Demon, Texas, authorizing the City Manager to pay to Krum, Texas the sum of $155,244 for Denton's obligation respecting the oversizing of sewer lines, as provided in for in that certain "Interlocal Cooperation Agreement by and between the City of Denton, Texas and the City of Krum, Texas pertaining to the design and construction by Krum and oversize cost participation by Denton for the Krum gravity flow wastewater main"; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND The City of Krum had entered into a wholesale wastewater treatment services contract with the City of Denton in April 2002. A key component of this contract was the construction of the sewer line to convey wastewater flows from Krum to the Denton wastewater collection system. This sewer line was to be designed and constructed by Krum, at Krum's expense. Based on flow projections it was determined that Krum would need a 15-inch sewer line to serve its needs. The sewer line from Krum is almost entirely within the wastewater service area of Denton (see Map-Exhibit 1). Oversizing of this sewer line would provide wastewater service to a substantial area within the corporate and ETJ limits of Denton within Denton's wastewater service area. Therefore, the design of Krum sewer line was done to accommodate flows from Krum as well as projected flows from the Denton service area. The resultant sewer line size is 27-inch at the downstream end, then progressively smaller moving upstream to 24, 21 and 18-inch. For the construction of the sewer line project Krum received bids that included the cost to construct a 15-inch sewer line, as well as the cost to construct the oversized sewer lines. The difference between the two bids would indicate the oversize cost for Denton. The Engineer's estimate for the oversize size cost for Denton's share was $1.4 million. However, based on the eligible low bid received the oversize cost for Denton was calculated at $155,244. The substantial difference in the Engineer's estimate and the low bid can only be explained somewhat by the fact that the sewer line was a cross-country construction with very few obstacles and the bidding environment was very competitive. The Krum sewer line project construction is now complete. Krum has requested payment of the Demon's oversize portion of the project. For the Council's information, the sewer line is already in service and 209 connections are tied to the sewer line thru the end of March 2004. The impact fee at $483 for 209 connections amoums to $100,947. Krum will pay this impact fee according to the requirements of the wholesale wastewater treatment services contract. 1 RECOMMENDATIONS Staff recommends approval of oversize payment to the City of Krum in the amount of $155,244. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMM.) PUB: August 20, 2001 - Authorized staff to negotiate wholesale wastewater treatment services agreement with Krum. City Council: September 11,2001 - Authorized staff to negotiate wholesale wastewater services agreement with Krum PUB: December 1,2001- Approved the oversize sewer main cost participation concept with the City of Krum City Council: December 11,2001- Approved the oversize sewer main cost participation concept with the City of Krum PUB April 1, 2002 - Approved the wholesale wastewater treatment services contract with Krum City Council April, 2002 - Approved the wholesale wastewater treatment services contract with Krum PUB May 10, 2004 - Approved the oversize payment to Krum unanimously by a vote of 5 to 0. FISCAL INFORMATION Rodman Utilities was the low bidder for the Krum sewer project. The bid breakdown is as follows: · Oversized sewer line bid: $1,239,050 · 15-inch sewer line bid: $1,083,806 · Difference between oversize sewer line and 15-inch sewer line bid: $155,244 The oversize payment to Krum will be made from the available bond funds. EXHIBITS 1. Map 2. Project Bid Data 3. Ordinance 4. Agreement 5. PUB Minutes Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities Prepared by: P.S. Arora, P.E. Assistant Director of Wastewater Utilities METER STATION EXISTING SEWER LINE 0 0.25 0.5 1 Miles om~ ~0 < 0 U ~ I Z< ,., oooooooooooo~:ooooooooo,o,~l~D Z ~ I ~ U UiU ~!U U U U U U U U U U ~ U U U U:U ~ U U:U U U ~ U U '1 ooooooooo 71o!ooooooooo ~ ~ b ~ ~ ' ~n 17 03 lO:OOa ALTERNATE BID PROPOSAL FOR THE DRY FORK HICKORY CREEK SANITARY SEWER INTERCEPTOR LIN E TO; Mayor and Council City of Krum 102 W. McCart P,O. Box 1729 Krum, Texas 76249 Page 1. of 2 PAY APPROX. UNiT TOTAL ITEM QUANTITY PRICE AMOUNT BID la Install 15" pVC Sanitary Sewer 0'-6' Foot Depth 30 LC= 45 20.00 $ 660.00 Complete ~n Place lb lnstalt 15" PVO Sanitary Sewer 6'-8' Foot Depth 145 LF S 22.00 S 3,190.00 Complete In Place lc Insta!I 15" PVC Sanitary Sewer 8'-10' Foot Depth 235 LF $ 24.00 $ 5,640.00 Comprete In Place id Install 15" PVC Sanitary Sewer 10'-!2' F~o't"~e~t.~" 625 LF $ 26.00 $ 16,250.00 Complete In Place le Install 15" PVC Sanitary Sewer 12'-!4' Foot Depth 4,525 LF $ 28.00 $ 128,700.00 Complete In Place If Install 15" PVC Sanitary Sewer 14'-16' FOOt Depth 9,020 LF $ 30~00 $ 273,600.00 Complete It~ Place · lg install 15" PVC SanitarYSewer 16'-la'Foot Depth 5,9t0 LF $ 32.00 $ 189,120.00 Ccmplete In Place lh Install 15" PVC Sanitary Sewer 18'-20' Foot Depth 1,600 LF $ 34.00 $ 5414C0.00 Complete in Place 1i [nstatl 15" PVC Sanitary Sewer20'-22' Foot Dept~ i,590 LF $ 36.00 $ 57,240,00 Complete In Place lj install 15" FVC Sanitary. Sewer22'.24~ ~ootDepth ~ 740 LF ~ 38.00 $' 28. i26.00 Complete tn Place lk Install i5" PVC Sanitary Sewer 24'-26' Foot Dept:q ~ 240 LF S 40.00 $ 9,600.00 Complete In Place 1. Install 15" PVC Sanitary Sewer26'.28~Foot Depth 170 LF S 42.00 $ .7,140.00 Complete In Piece lm Install 15" PVC Sanitary Sewer28',30' Foot Depti~ 310 LF $ 44.00 $ 13,640~00 Complete. !n Place 2a ~nstall 50' Diameter Sanitary Manhole 8'-10' Depth I EA $ 1,700.00 $ 1,700.00 Complete In Place. 2b tr;stall 50' Diamei~'~'~nitary M~nhol~":i'O'-12 Depth I EA $ 1,920.00 $ 1,920.00 Comple"'.e rn Place. 2c !nstall 5 0' Di~'~eter Sanitary I~lanhole 12'-14' Depth i0 EA' $ 2,080.00 $ 20,800.60 Comple:e In Place. 2d Install 5 0' Diameter san!taw Manhole 14'-16' Depth 15 EA $ 21340.00 $ 35,100.00 Comple:e ir' Place. 2e lnstalf 5.0' Diameter San;tary Manhole 1B'-18~ D~p,h 13 EA $ 3,590.00 $ 46,670.00 Comple-.e In Place. Jam 17 03 10:OOa Page 2 of 2 2f Install 5.0' Diameter Sanitar:/Manhole 20'-22' Depth 4 EA S 3,0'1~):0~)"1' $ 12,040.00 Com~,!,ete In Place. 2g Insta!l 5.0' Diameter Sanitary Manhole 22'-24' Depth 1 EA $ 3,3?0.00 $ 3,370.00 Complete In Place. 2h Instail 5.0' Diameter Sa¢itary Manhole24;-26' Depth 2 EA $ 3,625.00 $' 7,250.00 Complete In Place. 3 Bore And ir'stall 20" Sleel Casing With 15" PVC 100 LF $ 220,00 $ 22,000.00 Sewer Pipe Complete In Place. 4 Bore Aha ~rstal115" PVC Sewer Pipe gO LF $ 220,03 $ 19,800.00 Complet~]9 Place. 5 Bore And Instalf 15" PVC Sewer Pipe '120 LF $ 220,00 $ 26,400.00 Complete In Place. 6 Remove And Replace Existing 5' Diameter Manhole 1 EA $ 2,000.b0 $ . 2,000.00' Compete In Place. 7 Remove And Replace ExistingAsphatt 1,130 SF $ ......... 5.00$ 5,650.00 Complete ~c Place. 8 RemoveAmd Replace E×fstir{g 4-Wire Cyclone Fence 1,970 LF $ 9,00 $ 17,730.00 !ComPleie lc Place. 9 Remove And Replace Exi~,~ing Pipe Fence ........ :100LF $ 18.00" $ 1,800.00 Complete t¢ Prace. 10 Remove And't~epface Existing Guard Rail 100 LF $ 35.0~' '~ .... 3,50d.00- Complele in P4ace, 1l Remove And Replace Existing Decorative Wood Post .8 EA $ 40.00 $ 323.00 Complete In Place. 12 Install 8" PVC Sanitary Stub Out 5' Length @ MH# 37 I EA $ 300,00 $ 300.00 Complete In Ptace. 13 Remove And Replace Existing 15" CMP Culvert 42'" LF-' $ 17.00 $ 714,00 i Corrpfete In Place. 14 RemoveAnd Replace Existing 18" CMP Culvert 199 LF $ 20.00 S 3,980.C0 '.Complete In Place. 15 Remove And Replace Exis]tng Concrete Head~,~,ails 2 ,CA $ 500.00 $ 1,00QOC ComPlete in Place. 16 Install Concrete Encasement 200 LF $ 15.00 $ 3,000.00 1 Complele Ir~ Place, ,,,'~ 17 InStal[ Gabion Mattress Channel Protection I LS $39,522,00 $ 391522.00 i. I Complete J,~ Place. ' I 18 Jnstall 5,0' Dia. Package: Metering Station I LS $25,000.00 i $ 25,000.00 1 Compler~e In Place. __ I I Total Bid Amount: $ 1,083,806.00 RespectfUlly Submitted. c_.._ ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY TO KRUM, TEXAS THE SUM OF $155,244 FOR DENTON'S OBLIGATION RESPECTING THE OVERSIZING OF SEWER LINES, AS PROVIDED IN FOR IN THAT CERTAIN "INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM, TEXAS PERTAINING TO THE DESIGN AND CONSTRUCTION BY KRUM AND OVERSIZE COST PARTICIPATION BY DENTON FOR THE KRUM GRAVITY FLOW WASTEWATER MAIN"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 2nd day of April, 2002 the Cities of Denton and Krum, Texas entered into that certain "Interlocal Cooperation Agreement by and between the City of Denton, Texas and the City of Krum, Texas Pertaining to the Design and Construction by Krum and Oversize Cost Participation by Denton for the Krum Gravity Flow Wastewater Main" (hereafter the Interlocal Agreement"), the City of Denton approving said Interlocal Agreement by Ordinance No. 2002-103, enacted by the City Council on the 2nd day of April, 2002; and WHEREAS, said Interlocal Agreement provided for, among other things, the oversizing of a sewer line by Krum, and the payment of a sum of money by Denton to Krum respecting Denton's share of such oversizing once such line was complete; said sewer line is complete, and the amount of Denton's reimbursement share to Krum has been finally determined in accordance with the Interlocal Agreement; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby authorizes the City Manager to pay to the City of Krum, Texas, on behalf of the City, and pursuant to the Inteflocal Agreement described hereinabove, the sum of $155,244 for the final amount of oversize cost participation by Denton for the Krum gravity flow wastewater main. SECTION 2. That the expenditure of funds as set forth in the Interlocal Agreement is hereby authorized. 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 EXHIBIT 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinanccs\04XKrum-Interlocal-Wastewatcr Oversize Payment-2004.do¢ O miNANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPEKATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM, TEXAS PERTAINING TO THE DESIGN AND CONSTRUCTION BY KRUM AND THE OVERSIZE COST PARTICIPATION BY' DBNTON FOR THE K_RUM GRAVITY FLOW WASTEWATER MAIN; AUTHORIZING THE EXPBND1TURE OF FUNDS THEP~FOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON I-IRKEBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tern, is hereby authorized to execute, on behalf of the City, an Interloeal Cooperation Agreement between the City of Denton, Texas and the City of Krum, Texas for the design and construction by Krtun and the oversize cost participation by DenWn, and concerning certain condemuation provisions contained therein, for the Krum Gravity Flow Wastewater Main, substantially in accordance with the Interiocal Cooperation Agreement which is ac~ehed hereto and incorporated by reference herein. SECTION 2. That the expenditure of funds as set forth in the Interlocal Cooperation Agreement is hereby authorized. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thez2~/Z-~-~c' dayof ~ ,2002. EULINE BROCK, MAYOR ATTEST: /ENNqFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:~3ur Documents~Ordinances~02L1ntetlocal Agrmt. Ci~y oflG=um WV/Linc 2002.do¢ THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM, TEXAS PERTAINING TO THE DESIGN AND CONSTRUCTION BY KRUM AND OVERSIZE COST PARTICIPATION BY DENTON FOR THE KRUM GRAVITY FLOW WASTEWATER MAIN THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a Texas municipal corporation (hereafter "Denton"), whose principal offices are located at 215 East McKinney Avenue, Denton, Texas 76201; and the City of gxum, Texas, a Texas municipal corporation (hereafter "Krum"), whose principal offices are located at 102 West MeCart, P.O. Box 217, Krurn, Texas 76249; each organized and existing under the laws of the State of Texas, and acting by and through the authority of their respective governing bodies and officials; and WHEREAS, Denton and Krum are local governmental entities, both of Whom have the authority to perform the activities set forth in this Agreement individually, and who mutually desire to enter into an interlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code (Vernon 1994) in order to maximize the benefits to the citizens of Denton and Krum to be deriv~l fi'om each taxpayer and/or ratepayer dollar expended; and WHEREAS, Krum has planned, and intends to construct, install, and manage a wastewater transmission line that is to be located in Denton and Krum, in Denton County, Texas, in order to provide wastewatcr infrastructure to existing and future developments, which line is called the "Krum Gravity Flow Wastc~ater Main" (hereafter the "Krum Line"); and this Project is called the Krum Wastewater Main Project (hereatter the "Project"); and which Krum Line shall extend generally along a tributary of Hickory Creek; along Egan Road; then crossing Highway 380 to Masch Branch Road; and then p~rallel to Masch Branch Road to Denton's Hickory Creek Wastewater Interceptor, and WHEREAS, Denton and Krmn, each in accordance with its respective ordinances, desire to jointly implement thc Project. WHEREAS Krum will design, construct, manage, and install a scwer linc; and Denton will participate in oversizing thc above sewer line for Krum. Thc oversizing is anticipated to be twenty-one (21") inch, twenty-four (24') inch, and twenty-seven (27") inch diameter sewer pipe. The final oversize line for the Krum Line Project, for the purposes of providing facilities to adequately rcceivc, transport, treat, and dispose of wastewater, shall bc determined during thc final design of thc Projcct; and WHEREAS, Denton has been and is willing to accept the responsibility of providing improved wastewater treatment and services to entities located outside of its corporate Limits to protect water quality and develop reuse potential; and Denton and Krum intend to enter into a separate contract entitled "Wholesale Wastewater Treatment Services Contract Between the City EXHIBIT 4 of Denton, Texas and the City of Krum," (hereafter the "Contract"j wherein Krum desires to obtain wastewater treatment service on behalf of its customers, and Denton shall provide Krum with regional wastewater treatment service on a wholesale basis; and WHEREAS, Denton and Krum desire to pool their respective financial resources to avoid unnecessary or duplicitous costs and expenses; intend to coordinate the collection, treatment, and reclamation of wastewater; and intend to attain mutual advantage and benefit by achieving economies of scale, resulting in savings to the taxpayers and ratepayers of Denton and Kram; and WHEREAS, Denton and Krum, by this Interlocai Cooperation Agreement (hereafter the "Agreement") express their mutual understanding that. the relationship to be created by implementation of Agreement is that of two local governmental entities providing resources for the construction of the Krum Line; and there is a valid governmental purpose served by this Agreement by Denton and Krum to provide for construction and installation of the ~un Line; and WHEREAS, Denton and Krum represent that all payments made in connection with governmental functions provided for by this Agreement, shall be made from revenues available to Krum in accordance with the provisions of Section 791.011(d)(3) of the Texas Government Code; and that the payments received by Denton hereunder are adequate and fairly compensate Denton for thc services, functions, or activities performed, in accordance with the provisions of Section 791.01 l(e) of the Texas Government Code; and WHEREAS, thc lnterlocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes Denton and Krum to enter into this Agreement for the purpose of achieving the governmental functions and providing the services, functions, or activities represented by this collective, cooperative undertaking; and NOW, THEREFORE, Denton and Krmn, for and in consideration of the preraises and the mutual promises and covenants set forth in this Interlocal Cooperation Agreement, and pursuant to the authority granted by the respective governing bodies of each of the parties hereto, in accordance with Section 791.01 l(d)(1) of the Texas Government Code, do hereby AGREE as follows: I. ADOPTION OF PREAMBLE All ma~ters and recitations stated in the Preamble of this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes pertinent. DEFINITION OF TERMS In addition to the definitions stated in the Preamble hereof, some of the terms and expressions as hereinafter used in this Agreement, unless the context clearly indicates otherwise, shall have the following meanings: 2 (a) "Average Day Wastewater Flow" means the daily average flow rate computed by dividing the total quantity of wastewater flow generated over a calendar year divided by 365 days per year. (b) "Project" means the Krum Wastewater Main Project. (c) "Bonds" as used herein, means the issuance of debt, including principal and interest, by Denton for the purpose of financing the Project. "Interest Faeter" as used herein, means the ram utilized herein which consists of Denton's average interest cost paid to retire the issuance of debt pertaining to the Project. "SFE" means single-family equivalent. On a daily average basis, one (1) SFE generates 320 gallom per day (GPD) of wastewater flow. (0 "Maximum Day Flow Rate" means the expected maximum wastewater quantity generated over a 24-hour day. For purposes of this Agreement, the maximum day flow rate equals to the average day flow rate times two (2). "Peak Hourly Flow Rate" means thc expected maximum,wastewater quantity that could occur in any given sixty (60)-minute period. For purposes of this Agreement, the peak hourly flow rate equals to the average day flow times four (4). "Project Costs" means all capital, construction, planning, engineering, surveying, easement/right-of-w~iy acquisition, financing, and other typical costs associated with the implementation of the Project; including without limitation, the bond issuance costs, bond insurance premium.% underwriter's discount, and deposits to the deposit reserve fund. (i) "Parties" means Denton and Krttm referred to collectively. TERMS AND PROVISIONS OF THE AGREEMENT 1. Krum shall design, install, and construct the Krum Wastewater Main Project which includes, but is not limited to, approximately 26,000 linear feet of a fifteen (IS")-ineh diameter capacity sewer pipe; along with all necessary appurtenances thereto (including, without limitation, metering station, manholes, em.), and Denton will participate in the oversizing of a fifteen (15") inch diameter capacity sewer line, as generally shown on Exhibit I, attached hereto and incorporated herein by reference. The Project shall commence at the current downstream terminus of a sewer main located immediately upstream of Krum's proposed metering station (termed the "Point of Begimuing"). The Project shall terminate at Denton's existing Hickory Creek Wastewater Interceptor Main (termed the "End-Point"). 2. The Parties agree that in the Krum Line Project, Krum shall have access up to the full capacity of a fifteen (15") inch diameter sewer line and Denton will have access to the oversize capacity above and beyond the capacity ora fitteen (15'') inch diameter sewer line 3. Prior to the beginning of construction of the Krum Line Project, Khan shall obtain, as part of the Project Cost, all necessary permits and licenses. Kmm shall also obtain, as part of' the Project Cost, all necessary easements. The deeds, plats, and other documents so obtained by Krum shall bc reviewed and approved as to form and substance by Denton prior to thc beginning of construction. Kmm has informed Denton that it needs to speed up the development of thc Kmm Line Project by possibly performing construction of the line in phases. Denton recognizes that fact, and agrees to reasonably approve a construction contract providing for multiple phases; and Denton is willing to approve the easements obtained, as to form and substance, in construction phases, if need be; but Knnn understands that Denton will not, and cannot assumc any additional financial risks or liabilities attributable to its serial approval of easements throughout the term of the Project.' In the event Krum is unable to acquire any needed easements and COndemnation becomes necessary, Denton shall immediately assist Krum, upon its request. Knun shall provide Denton with information and any requested documentation of its efforts to obtain such easements, including evidence of the negotiations and offers made to the affected property owners. Prior to condenmafion suits brought by Krum, the City of Denton reserves the right to negotiate with the property owners, in order to assist Krum. Any easements for the Knma Line Project obtained by Krum within the City of Denton shall be assigned to Denton, if easements are not already acquired in Denton's name, prior to acceptance of the Knma Line Project. Further, that subject to the terms and COnditions contained herein, Denton authorizes Kntm to acquire such easements within the city limits of' Denton by purchase or by eminent domain proceedings. Denton finds that there is a public need and necessity to acquire these casements by purchase or eminent domain proceedings. Shotild eminent domain proceedings be necessary, ICrum is authorized to COndemn and acquire said easements for this Project, in the name of Denton. 4. Krum's share of the Proj~t Cost shall be computed as the cost to survey, design, acquire easements, and construct a fifteen (15") inch diameter s~ver line, including all appurtenances such as manholes, metering station, etc. for a complete project. 5. Denton's share of the Project Costs as between Denton and Krum shall be computed as the difference between thc total Project Costs and Knnn's share of the Project Costs. Each party's respective share of the Project Costs shall be based upon final audited numbers. 6. By way of example, Knun's portion of the Project Costs for the Kmm Line Project is currently estimated and projected to be $1,800,000. Kntm will fund $1,400,000 from its existing bond sale. The remainder of the Krum share: $400,000 plus $20,000 in estimated bond selling costs (hereinafter termed the "Principal Component Amount"), is computed by the procedure and methodology as set forth in the "Contract Payment Schedule" which is marked as Exhibit II, and is attached hereto and incorporated herewith by reference. The Principal 4 Component Amount shall include Krum's share of the capital cost for thc Krum Linc Project plus Krum's share of thc portion of thc other Project Costs, as defined in paragraph IL(h.) hercinabovc, also including, without ]imitation, any interest accruing on the Bonds during the construction phase of the Project. Krum shall also pay its share of the portion of such other and further costs and expenses, if any, as calculated by Denton to Krttm that are reasonably incurred and are associated with the construction and installation of the Krum Line Project, that are mutually agreeable as between the Parties. 7. The Principal Component Amount plus the total Interest Factor amount [i.e., the cumulative annual interest amortized over a payout period of twenty (20) years based upon financing the Principal Component Amount at the Interest Factor] computed over twenty (20) years at Denton's Interest Factor, which is 5.25% [estimated until fixed by Bond Sale] per annum, and which shall be hereinafter termed the "Repayment Amount." By way of example, the annual Repayment Amount on a projected Principal Component .Amount of $420,000 is $34,170.68 [estimated until the interest rate is fixed by Bond Sale], as computed and set forth in Exhibit II attached hereto and incorporated herewith by reference. 8. Krum shall pay Denton the Repayment Amount in contractual payments in accordance with the following provisions and factors, and as shown as the "Contract Payment Schedule" attached hereto as Exhibit. ri: Knun will pay 1/40 of the product of Krum's allocable percentage share of Project Costs times the combined total of the Principal Component Amount and the Interest Factor amount portion of each payment respecting total Project Costs in level payments, due and payable on January 1 and July I of each calendar year for a period of twenty (20) success/ye years; such payments be/ng hereinafter referred to as thc "Contractual Payments," with the first such Contractual Payment being payable from Knm~ to Denton on July l, 2003; and be The Interest Factor amount utilized over the twenty (20) year Contract Payment Schedule to determine the amount of the level Contractual Payments, shall be that interest rate paid by Denton on the Bonds issued by Denton used to finance the Project, which is the rate of 5.25% [estimated rate until fixed by Bond sale] per annum. For purposes of determining the level Contractual Payment amount due hereunder, the Principal Component Amount shall be based and amortized on a standard twenty (20) year debt amortization schedule and upon the deClining balance method (applying the Interest Factor amount) respecting the determination of the ConWact payoffbalance in the event that Krum's centractual obligations to Denton hereunder are prepaid as pmnittcd by the provisions of paragraph I~.8.d. hereinbelow. Provided however, Knma reserves the right to prepay its contractual obligations arising hereunder to Denton, without penalty, at any time after the fifth anniversary date of the execution date of this Agreement. Prepayment daring the first five (5) years following the execution date of this Agreement shall be prohibited, unless both the City of Denton and the City of Krum mutually agree to waive such prepayment restriction in writing. The Contractual payoff balance shall be determined at the time of the pm'payment, as if the Contract Payment Sch~lule attached hereto as Exhibit H, were a mortgage debt being prepaid. In the event of prepayment, Krum shall be responsible only for the Interest Factor amount calculated to the date of prepayment, and shall not. be responsible for the payment of any further sums hereunder to Denton, other than thc remaining, unpaid Principal Component Amount. In thc event Kmm prepays its contractual obhgations hereunder, in whole or in part, on a date other than a scheduled Contract payment due date, th~n the Parties agree that interest shall be prorated through the date of such payment(s). 9. To determine the final Project Costs of the Krum Line, Denton shall have the fight to inspect any and all records of Krum, its agents, employees, contractors or subcontractors, and shall have the right to require Knun to submit any necessary information, documents, invoices, receipts or other records to verify the final audited Project Costs of the Knm~ Line Project. 10. Kmm will deliver wastewater to the Denton Wastewater system at the following "Point of Entry": a. To thc Hickory Creek Interceptor Main I 1. Under this Agreement Denton agrees to receive wastewater from Kmm up to the full capacity of a fifteen (15") inch diameter sewer line. The capacity of a fifteen (15") inch sewer line shall be determined based on the minimum slope in the sewer line from the final design drawings, and may be revised based on as-built conditions. The Parties agree that Kmm's contractual fight respecting the foregoing mount of capacity shall survive thc payment and/or prepayment of this Agreement, and is a contractual property right owned by Krum that survives the term of this Agreement. 12. Kmm will pay one hundred (100%) pemont of the cost to construct wastewater metering stations, meeting DenWn criteria, to measure the quantity and rate of wastewater being delivered at each Point of Entry to the Denton wastewater system. Upon construction and completion of the metering stations, Denton shall own and operate these facilities. Denton shall calibrate these facilities with regaxd to flow measurements at least once a year, or more often if required. The cost of calibration of these facilities shall be borne by Denton as a System Cost under the Wholesale Wastewater Treatment Services Contract Between the Cities of Denton and Krum, Texas. 13. Undex this Agreement, Krum is purchasing and acquiring a contractual fight and interest in and to the equivalent of the capacity of a fifteen (15") inch diameter sewer pipe ofwastewater service capacity within the Krum Line Project and shall have an exclusive right to retain such capacity. This contractual right and interest in and to such capacity shall survive the term of this Agreement unless otherwise lawfully terminated. Krum reserves the right to sell, Irade, transfer, or assign to any other entity all or a part of its fifteen (15") inch diameter sewer capacity interest in the Kmm Line Project, provided that such transfer meets all four (4) of the following conditions: Only wastewater, as defined in Denton's Sewer Use Ordinance, is delivered to the Denton wastgwatcr system; and b. Wastewater call only be dehvered at the point of entry described in paragraph III. 10. herdnabove; and Co Quantity and rate ofwastewater delivery shall not exceed those specified in paragraph III. 2., above; and Denton provides written appwval for any such transfer or assignment of Krum's ownership in the contractual rights and wastewater capacity rights acquired pursuant to this Agreement. Denton agrees that it shall not unreasonably withhold its approval of any such transfer or assignment, if the proposed transfer or assignment does not violate the intent or spirit of this Agreement. 14. This Agreement may be terminated by Khan at any time after thc fifLh anniversary date of the execution of this Agreement by Kmm paying and/or pre-paying thc total amount due and owing Denton as determined by paragraphs 111.7. and 111.8. hereinabove, and as s~t forth in Exhibit 11 attached hereto. In the event of such termination, Kmm's rights and interests respecting the fifteen (15") inch diameter pipe wastewater capacity, as described in paragraph 111.13. hereinabove, shall survive and shall not be terminate& 15. In the event that Krum does not "begin construction" (hereafter defined as the date that a Notice to Proceed document is executed and issued by a duly-authorized representative of Krum with the prime contractor for the Krum Line Project) of the Project within twelve (12) months from the date of execution of this Agreement by ICmm and Denton, then Denton shall have the option to terminate this Agreement, upon thirty (30) days written notice delivered to Kmm. 16. During the Kmm Line Project design and construction phases, Kmm and Denton shall hold construction meetings at least once per month, and more often, as may be necessary and appropriate, in order to coordinate their activities on the Project. 17. This Agreement embodies the entire agreement of the parties hereto and there are no promises, terms, conditions, understandings, or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or agreements; whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. 18. This Agreement is subject to modification, waiver, amendment, addition, or deletion, only by means of a written document duly executed by both of the Parties hereto. 19. This Agreement shall not be assigned by Denton without the express written consent of Kmm, which consent shall not be unreasonably withheld. 20. Any and all suits for breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 21. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. 22. Both of the Parties hereto have actively participated in the negotiation and preparation of this Agreement and the Exhibits attached hereto, and the Parties accordingly agree that this Agreement shall not be construed either mom or less strictly against or for either party hereto. EFFECTIVE DATE AND TERM This Agreement shall become effective as of the date of execution 'hereof by both Parties, following the approval of their respective governing bodies. This Agreement shall be for a term of one (1) year, fi~om and aider the date that this Agreement is approved by the governing bodies of Denton and Krum (hereaf[er the "Effective Date"), and shall thereafter be automatically renewable, without further action by Denton and Krum for successive one (1) year terms thereafter, as provided by and as permitted under applicable State law V. MUTUAL HOLD HARMLESS COVENANT 1. To the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation as to liability, Knma agrees tO and shall indemnify and hold harmless Denton, its officials, officers, agents, employees, attomeys, and its independent contractors from and against any and all claims, damages; causes of action, lawsuits, and reasonable attorney's fees and costs of court, for injury or death of any person; or for damages to any property, real, personal, or mixed, arising out of or in connection with the construction, installation and operation of the Krum Line, where the injury or death or properVy damage is caused by the negligence of Krum, its officials, officers, agents, employees, attorneys, and its independent contractors, except that Krum assumes no liability for the sole negligent acts of Denton, its officials, agents, employees, attorneys, and its independent don~ractors. 2. To the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation as to liability, Denton agrees to and shall indemnify and hold harmless Krum~ its officials, officers, agents, employees, attorneys, and its independent contractors from and against any and all claims, damages, causes of action, lawsuits, and reasonable attorney's fees and costs of court, for injury or death of any person, or for damages to any property, real, personal, or rnixeA, arising out of or in connection with the construction, installation, and operation of the Krurn Line, where the injury or death or property damage is caused by the negligence of Denton, its officials, officers, agents, employees, attorneys, and its independent contractors, except that Denton assumes no liability for the sole negligent acts of Kmm, its officials, agents, employees, attorneys, and its independent contractors. VI. FORCE MAJEURE 1. Knnn shall construct and shall provide Demon with use of a fully-functional Krurn Line. The Parties agree that Denton shall not be liable for any damages, costs, or losses, if such wastewater transmission line should fail; should use of the linc be interrupuxl or reduced; should the Knnn Line become defective; be seriously impacted by either an Act of God, a catastrophic disaster, an action of the elements, a serious flooding condition, accidmts, strikes, labor problems, sabotage, terrorism, the breakdown of equ/pment, or arising out of a lawful order or action of a governmental authority having jurisdiction over the Krum Line and the Parties,. or for any other cause beyond thc reasonable control of Denton. 2. The Parties agree that in no event shall Denton be liable in consequential damages to Kmm hereunder for any force majeure event, as set forth in this Paragraph VI hereof. VH. · NOTICE PROVISIONS 1. Any notice, request o~ other communication made by either party pursuant to this Agreement shall be given in writing and shall be deemed to have been given by either party to the other party at the addresses shown below upon any of the following dates: a, The date of notice by telecopy or other similar telecommunications, the receipt of which is confirmed promptly in. Writing by the recipient; b. Three (3) business days after the date of receipt stated on the return receipt showing the mailing thereof by U.S. Mall, postage prepaid (as shown by the post office receipt if mailed to the other party hereto by means of registered or certified mail, return receipt requested); c. The date 6f actual receipt of notice by the other party hereto, if not provided pursuant to V.l.a. or V.l.b. herein,above. 2. The addresses of the Parties for the purpose of providing the other patty notices under this Agre~nn~nt shall be as follows, unless written notification of a change of address is provided by either or both Parties to this Agreement: City Manager City ofD _enton, Texas 215 East McKinney Street Denton, Texas 76201 Mayor City of Kmm, Texas P.O. Box 609 Kram, Texas 76226-0609 MEDIATION AND ALTERNATE DISPUTE RESOLUTION The Parties agree that if any dispute arises under this Agreement, that they will, in good faith, attempt to resolve such dispute in a reasonable and expedient manner. The Parties recognize that they should strongly consider settling any such dispute by 'submitting the dispute to mediation or some other form of dispute resolution. No mediation or other form of alternate dispute resolution activity arising out of, or relating to this Agreement, may be required or forced by one party upon the other party, without the Parties' mutual agreement. In the event that the Patties agree that mediation or some other form of alternate dispute resolution is appropriate, then they hereby agree to expedite such mediation or other alternate dispute resolution activity, and further agree to ~ach be responsible for one-half of all mediation or other alternate dispute resolution activity fees and expenses incurred. IX* SEVERABILITY If any clause, provision or paragraph of this Agreement should be held illegal or invalid by any court, the invalidity of such clause, provision or paragraph shall not affect any of the remaining clauses, provisions or paragraphs hereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or paragraph had not been contained herein. IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate original counterparts by and through the duly-authorized o)'~icials and officers of the City of Denton, Texas and the City of Krum, Texas on this the r~__-~'~-~day of ~'29f// , 2002. ' CITY OF DENTON, TEXAS A Texas Municipal Corporation EULINE BROCK, MAYOR 10 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,' CITY ATTORNEY By: CITY OF K_RUM, TEXAS A Texas Municipal Corporation By: DAVID ~P~LL~YOR ATTEST: KATHY RENSHAW, CITY SECRETARY By.' APPROVED AS TO LEGAL FORM: PATRICK CITY ATTORNEY By: S: ~ Drai~-Int~rlo~nl Cooperation A~eme~t. Denton Krum WW Line 031802.doc 1! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PUB AGENDA ITEM #3a CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES May 10, 2004 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, 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: 3) Consider approval ora payment to the City of Krum, Texas for oversizing of the Krum sewer line, in the amount of $155,244. The City of Krum entered into a wholesale wastewater treatment services contract with the City of Denton in April 2002. The key component of the contract was construction of a 15-inch sewer line to convey wastewater flows from Krum to the Denton wastewater collection system. The sewer line from Krum is almost entirely within the wastewater service area of Denton. Oversizing of the sewer line would provide wastewater service to a substantial area within the corporate and ETJ limits of the Denton service area. The design of the Krum sewer line will accommodate flows from Krum as well as projected flows from the Denton service area. The resultant sewer line is 27-inch at the downstream end, then smaller moving upstream to 24 and 21- inch. The Engineer's estimate for the oversize cost for Denton's share was $1.4 million. Based on the eligible low bid received, the oversize cost for Denton was calculated at $155,244. The substantial difference in the Engineer's estimate and the low bid can only be explained somewhat by the fact that the sewer line was a cross-country construction with very few obstacles and the bidding environment was very competitive. Cheek moved to approve, with a second from Board Member John Baines. The motion passed by a vote of 5-0. Page 1 of 1 EXHIBIT 5 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 1, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider approval of a resolution authorizing the City Manager or his designee to approve a Right of Way Use Agreement, to allow public art and other improvements to be located in the City Right Of Way at the northeast corner of Carroll Boulevard and Oak Street as part of the Carroll Addition, Lots 1 and 2, Block A, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Page 106 of the Plat Records of Denton County, Texas, and providing an effective date. BACKGROUND The City has been requested by the owner of the Carroll Addition to allow improvements to be located in the City right of way. The improvements consist of a raised planter, concrete bollards, and public art. These improvements will enhance the project while adhering to the City's large-scale development regulations, and will provide a small plaza area displaying a striking piece of public art. The improvements do not interfere with the site triangle required for traffic safety at the intersection of Carroll Boulevard and Oak Street. Staff recommends approval of the Resolution and the Right of Way Use Agreement. OPTIONS 1. Approve the Resolution, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the Resolution PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None ATTACHMENTS Location Map Resolution and Right of Way Use Agreement Photograph of Public Art Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department OAKOAK t t i Carroll ~ddltlo~ RO~ Use s~ts ~ S:\Our DocumentsXResolutions\04LROW Use Resolution-Carroll Addition.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT OF WAY USE AGREEMENT, TO ALLOW PUBLIC ART AND. OTHER IMPROVEMENTS TO BE LOCATED IN THE CITY RIGHT OF WAY AT THE NORTHEAST CORNER OF CARROLL BOULEVARD AND OAK STREET AS PART OF THE CARROLL ADDITION, LOTS 1 AND 2, BLOCK A AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET V, PAGE 106 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council finds that approval of the Right of Way Use Agreement attached hereto and made a part hereof by reference (the "Agreement") is in the public interest because it will allow improvements that will enhance the City and contribute to pedestrian oriented development code requirements for Neighborhood Mixed Use Center Districts; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City and to carry out the City's rights and obligations under the Agreement. SECTION 3. This resolution 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: BY: RIGHT-OF-WAY USE AGREEMENT STATE OF TEXAS§ COUNTY OF DENTON§ KNOW ALL MEN BY THESE PRESENTS: The of Denton, City . hereinafter referred to as "CITY", does consent and agree to permit ~ir)~/o~ ~;C~; , hereafter referred to as "APPLICANT", the dght to the non-exclusive use of a portion of right-of-way dedicated to the City which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the 'Right-of-Way Area") for the purpose of constructing and maintaining a planter, public art, and security bollards as shown on Exhibit "B" and "C" (the "Improvements") upon the following conditions: The APPLICANT, it's successors or assigns, shall maintain and keep in good condition all of the Right-of-Way Area and the Improvements and the CITY shall not become responsible for such maintenance at any time in the future. The CITY must approve the contents and design of the Improvements and any changes to such in advance. The sole purpose of the ~mprovements is to meet the City's Development Code Requirements and to provide an aesthetically pleasing enhancement to the Carroll Addition. The APPLICANT shalt and does hereby agree to indemnify and hold harmless CITY from any and afl damages, loss or ~iability of any kind whatsoever by reason of injury to property or third persons occasioned by APPLICANT, it's successors, or assigns, use of the right-of-way or act of omission, neglect or wrongdoing of APPLICANT, it's officers, agents, employees, invitees or other persons, with regard to the Improvements and the APPLICANT shall, at it's own cost and expense, defend and protect the CITY against any and all such .claims and demands. The APPLICANT, with consent of the CITY, may transfer or assign all of it's rights and obligations under this agreement. Upon such a transfer, the APPLICANT is automatically released from all obligations hereunder, which obligations pass to the assignee. The APPLICANT shall, or shalt cause it's successors or assigns to purchase and maintain General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Improvements with a limit of not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. The APPLICANT, it's successors, or ifs assigns shall arrange for all activities and improvements in the Right-of-Way area to be discontinued and/or removed, at the direction of the CITY, within thirty (30) days of notification by CITY, that the City Council has approved a resolution directing the use of the right-of-way by the APPLICANT be discontinued. If the activities and improvements are not discontinued and removed within said thirty (30) day period, the CITY may remove them. The costs associated with the discontinuing of such activities, and the removal of such improvements shall be borne by the APPLICANT, it's successors, or it's assigns. The' APPLICANT, it's successors, or it's assigns shall not seek compensation form CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by APPLICANT. For notification purposes notices to APPLICANT shall be sent to: Name: i.[\. S. Address: Ci~/State~p: For notification purposes notices to CITY shall be sent to: Edwin Snyder Deputy City Attorney City of Denton 215 East McKinney Street Denton, Texas 76201 Fax: 940-382-7923 W~.h a copy to: Paul Williamson City of Denton Real Estate and Capital supPort 601 East Hickory Street, Suite B Denton, Texas 76201 Fax: 940-349-8951 This Agreement shall be binding upon and inure to the benefit of the APPLICANT and the CITY, and their successors and assigns. The covenants contained herein are restrictive covenants that touch and run with the land described in Exhibit "A" located in the City of Denton, Texas (The "Property"), burden the Right-of-Way Area, benefit the Carroll Addition, and shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of fifty years from the date of this Agreement. IN TESTIMONY WHEREOF, APPLICANT Agreement on this l~ , day /~(~ ~/ executes this ,2004. Right-of-Way Use APPROVED AS T~q FORM: BY: -' Michael A. Conduff City Manager APPLICANT Printed Name: Title: ATTEST: CITY SECRETARY BY: THE STATE OF TEXAS § COUNTY OF DENTON § ACKNOWLEDGEMENT This instrument was acknowledged before me on ,2004 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of such municipality. Notary Public in and for the State of Texas My Commission Expires: ACKNOWLEDGEMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on .IY\O.d,~'* J [' , 2004 By ~. S. ~,Ol~ l~(_~ ., representing the property known C~Orroll Addition,_having full legal authority to execute legal documents Notary Public in and for the State of -'~J35 ]l%.,~]]~'¢~'~ Noto~yMy Commi~lonP"bilc' StoteExpJ~esOf Tex~s ~1 ~"~'~"~'i'~';~*' November 25, My Commission Expires: Dated to be effective as of the _~ day of ~3. L/ ,2004. I as the as it's EXHIBIT "A" PAGE 1 of 2 N W F- O n-' 13: O LINE TABLE L1 S89°06' 02"E 34.90' L2 N44°48' 10"W 13.09' L3 S00"11' 50"W 10.10' L4 N89~48' 10"W 19.33' L5 N00°11' 50"E 19.33' L6 S89°48 ' 10"E 10.10' L7 S44°48' 10"E 13.06' ~,~-o.-w,~ d I,,,IEiLL suRvEY ~ WlLLIA .,-,-,- x~r) 971 ~, AE~STRAb' 'i~o~v~A~,oo~_~° i ~~ POINT Of lu ~INNING 0.008 ACRES l~ L1 OAK STREET 10 5 0 10 20 30 SCALE IN FEET Metr.oplex Surveying, Inc. 940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com ~w~. MRKIC~. BGS sC~CE 1"=10' IDA?~ 05119104 I ~°'33138 EXHIBIT "A" PAGE 2 of 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE WILLIAM NEILL SURVEY, ABSTRACT NUMBER 971, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCR/BED IN THE DEED TO GIOVANNI GIOMI, RECORDED UNDER CLERKS FILE NUMBER 95-R0076930, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF THE GIOMI TRACT ON THE NORTH LINE OF WEST OAK STREET AT ITS INTERSECTION WITH THE EAST LINE OF CARROLL BOULEVARD; THENCE SOUTH 89 DEGREES 06 MINUTES 02 SECONDS EAST WITH THE NORTH LINE OF WEST OAK STREET A DISTANCE 34.90; THENCE NORTH 44 DEGREES 48 MINUTES 10 SECONDS WEST, A DISTANCE OF 13.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE OF 10.10 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 10 SECONDS WEST, A DISTANCE OF t9.33 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 50 SECONDS EAST, A DISTANCE OF 19.33 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 10 SECONDS EAST, A DISTANCE OF 10.10 FEET; THENCE SOUTH 44 DEGREES 48 M/NUTES 10 SECONDS EAST, A DISTANCE OF 13.06 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 0.008 ACRES; 05/19/04 33138 Good Evening! We, the Neighbors of TWU, are here to present our major concerns with which we would appreciate city support, relating to the apartment complex construction on TWU campus: 1. Traff~c - This apartment complex will generate a large amount of traffic in an already congested area. Is a traffic impact study planned? We have suggestions on ways to alleviate some of this traffic through stop signs, traffic lights and traffic flows. 2. Parking - TWU indicated that no new parking spaces will be added. During the board of regents meeting on Friday, we discovered that is not true. Who has authority over parking requirements? City, state or federal level? 3. Flooding - Replacing the green grassy field with concrete will result in additional flood potential in an area already water logged when it rains. Is there a flood potential analysis planned? Is there a plan for a catch basin? Hann, Austin, Locust and Oakland are of particular concern. 4. Property values - Our property values will decline due to the apartment complex proximity. The city and county will lose tax revenues. We are also concerned that the neighborhood decline WIll result in the gang activity currently seen on the south side of campus moving north and further impacting our neighborhood. Are there any crime statistics regarding that area? Any studies on a link between neighborhood decline and gang activity? 5. Rental market - the apartment market is saturated. Adding 170 unit complex will leave many apartments and houses empty further leading to crime potential and decline in the neighborhood. 6. Utility capacity - TWU has stated that one of the reasons for the change in eonstrnefion site is the utility capacity. What exactly is the city required to provide to TWU re: utilities, sewer, water, fire protection etc.? Can you please provide information regarding the utility capacity for the previous location vs. the new location? 7. Gas well - Does the city issue permits for gas well drilling on campus? We were informed that several wells are planned on or close to the previous construction site. Do you have any headlights into that activity? We would also like to have a city resolution of support for our neighborhood's concerns. Militza Bishop Neighbors of TWU 940-384-9127 From: http://www.c~tyoraenton.coml )ages/enqpnntmaps,crm HIEA )LEE UN~ HERITAGE $ Bell ~ of Sh* WOOD ~ ~he~dve E~ of BI II A~nue ~ ROSS IBellg~Shm~ 9078 / ~ ~sou,~und) 5 ~ ]fElm 3530 (sou.~un~) [Ca~o[,.S of.U.Ne.,~ .. Be N of Unvem~ ~;~::~ 1~¢n~2, I ~Be]l S ~ Unrip. ) 52~7 (n~bou~) I I I On map below: Counts done in 1999 Northbound Locust St. just south of University Drive = 9817 Counts done in 2001 Northbound Carroll south of University Drive = 10673 4 Parking1 Parking Page 1 of: Parking ~& Parking ~:~ ~foua, Pc~rking c~uve~ ~ireent~ouse P~ Vis,tar Pa&in. Parking~ ~ Porki*~g ~~" ,__J.__JL= ~_ Norlh J (~,,,. Handicap Parking [ http://www.twu.edu/athletics/images/TWU_Denton_Map.j pg 5/15/2004