HomeMy WebLinkAboutJuly 27, 2004 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
July 27, 2004
After determining that a quorum is presem, the City Council of the City of Demon, Texas will
convene in a Special Called Work Session on Tuesday, July 27, 2004 at 4:30 p.m. in the Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Receive a report and hold a discussion regarding budgeting processes.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of July 27, 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:
mo
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
Discuss and consider legal issues concerning road damage caused by gas
well operations and to consider a settlement agreement with a gas well
operator, where to discuss these legal issues concerning the above stated
matters with the attorneys in public would conflict with the duty of the
City's attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and would jeopardize the
City's position in administrative proceedings or in potential litigation.
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
July 27, 2004
Page 2
Special Called Regular Meeting of the City of DeNon City Council on Tuesday, July 27, 2004 at
6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at
which the following items will be considered:
1. PLEDGE OF ALLEGIANCE
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U.S. Flag
Texas Flag
"Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
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Proclamations/Awards
Recognition of staff accomplishments
3. CITIZENS REPORTS
mo
Receive citizen reports from the following:
1. Tenia Hoops regarding Water and Wastewater Utilities.
2. Dessie Goodson regarding "responsibility".
Following the completion of Citizen Reports, Council will attend a public hearing held by the
Texas Commission on Environmemal Quality regarding an air quality permit sought by Acme
Brick. The public hearing will be held at the Denton Civic Center, 321 E. McKinney, Denton,
Texas.
Following the completion of the TCEQ public hearing, the Council will return to the Council
Chambers and consider the following:
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-G). 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-G 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 approval of a resolution of the City of DeNon, Texas, authorizing the
City Manager to execute a Certificate of Coordination between the City of
DeNon, Texas and the Housing Authority of the City of DeNon, providing for
coordination of certain library services with DeNon Housing Authority Family
Self-Sufficiency Program; and providing for an effective date.
City of DeNon City Council Agenda
July 27, 2004
Page 3
Bo
Consider adoption of an ordinance accepting competitive bids and awarding an
annual comract for the purchase of gasoline and diesel fuel; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3182 - Annual
Comract for Gasoline and Diesel Fuel in the estimated amoum of $1,000,000).
Co
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of Tire Repair and Tire Changing Services;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3183 - Annual Comract for Tire Repair and Tire Changing awarded to
Briscoe Tire Inc. in the estimated amoum of $100,000).
Do
Consider adoption of an ordinance approving the expenditure of funds for the
purchase of a standby reuse water pump and motor assembly for the Pecan Creek
Water Reclamation Plant available from only one source in accordance with the
provision for State Law exempting such purchases from requirements of
competitive bids; and providing an effective date (File 3194 - Purchase of
Standby Pump for Pecan Creek Water Reclamation Plant to Johnston Pump
Company in an amoum not to exceed $37,938).
mo
Consider adoption of an ordinance approving a Pro Rata Reimbursement
Agreement for drainage improvements between the City of Denton, Texas and
Windjammer, Ltd. pursuam to the City's Drainage Pro Rata Ordinance comained
in Article VII of Chapter 26 of the Code of Ordinances of the City of DeNon;
modifying that certain economic developmem agreemem dated March 23, 2004
between the City of DeNon and Windjammer, Ltd.; and providing an effective
date.
Fo
Consider adoption of an ordinance of the City of DeNon, Texas authorizing the
City Manager to execute a Professional Services Agreemem with Teague Nall and
Perkins, Inc. for engineering services related to Channel Improvements to
Tributary Pec-4 and a branch of Tributary Pec-4; authorizing the expenditure of
funds therefor; and providing an effective date.
Go
Consider appoimmems to the following boards and commissions:
1. Airport Advisory Board
2. Construction Advisory and Appeals Board
3. Human Services Advisory Committee
4. Library Board
5. ITEMS FOR INDIVIDUAL CONSIDERATION
mo
Consider an exaction variance of Section 35.19.4 (A)(5) of the Code of
Ordinances concerning Drainage Standards. The 9.071-acre parcel is located on
the North side of Wind River Lane just east of the Wind River Subdivision. A
multi-screen movie theatre is proposed. The Planning & Zoning Commission
recommends denial (4-2). (V04-O001 Cinemarkztddition Drainage Variance)
City of Demon City Council Agenda
July 27, 2004
Page 4
Consider adoption of an ordinance of the City of Demon, Texas, establishing fees
to be charged for annual alarm permits as provided for in Sections 4-26 and 4-29
of Article II of Chapter 4 "Alarm Systems" of the Code of Ordinances of the City
of Denton, Texas; repealing all ordinances in conflict herewith; providing a
severability clause; and providing for an effective date.
Consider adoption of an ordinance of the City of Demon, Texas amending the
provisions of Chapter 4 relating to alarms by amending Sections 4-26, 4-29 and 4-
31 to establish an annual time period for alarm permits and to establish the
collection of an annual alarm permit fee; providing for a severability clause;
providing a repealer clause; providing a savings clause; providing for a penalty
not to exceed $500 for violations of this ordinance; and providing for an effective
date.
D. Consider nominations/appoimmems to the City's boards and commissions.
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
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 INFORMATION SHEET
AGENDA DATE: July 27, 2004
DEPARTMENT: Finance
ACM: Kathy DuBose
SUBJECT
Receive a report, and hold a discussion regarding budgeting processes.
BACKGROUND
Council Member McNeill requested a work session on budgeting. We have invited John Gross,
a widely respected national expert, to present an overview of governmental budgeting processes.
Mr. Gross has been actively involved in improving governmental budgeting at a national level
for many years. He has been an active member of the Government Finance Officers Association
of the United States and Canada (GFOA) and was a member of GFOA's Committee on
Governmental Budgeting and Management from 1988 through 1999 and is a past chair of the
Committee. Mr. Gross served as special staff to the National Advisory Council on State and
Local Budgeting (NACSLB), which developed nationally recommended budget practices for
state and local governments. He helped draft the budgeting framework and many of the budget
practices issued by the Advisory Council.
Mr. Gross has been the Finance Director of Aurora, Colorado for thirteen years and previously
served as Finance Director for Arlington Heights, illinois and for Mt. Lebanon, Pennsylvania.
He also served as Chief Fiscal Officer for the illinois Bureau of Employment Security. He holds
an undergraduate degree in engineering and a graduate degree in urban and public affairs.
Respectfully submitted:
Kathy DuBose
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 27, 2004
Library System
Kathy DuBose
SUBJECT
Consider approval of a Resolution authorizing the City Manager to execute a Certificate of
Coordination with the Demon Housing Authority Family Self Sufficiency Program for library
services.
BACKGROUND
The Demon Housing Authority Family Self Sufficiency (FSS) Program is a unique partnership
with the Demon Housing Authority, social services agencies, Demon business community, and
the Denton Public Library. The goal of the FSS program is to assist Housing Authority
participants in acquiring the necessary skills to secure employment and enhance financial self-
sufficiency. With the assistance of Community resources like the Demon Public Library, the
FSS program is designed to make life-changing success for participating families, which will
provide opportunities and advancemem to achieve and maimain economic independence. The
Demon Public Library will help the FSS participams become self-sufficiem by providing the
following services:
Computer training classes on the Internet and electronic databases
Books, audiovisual materials and other resources available for check out
Information and reference assistance
Access to the Senior Corp of Retires Executives who provide counseling on how to
establish a small business
ESTIMATED SCHEDULE OF PROJECT
This agreemem is valid from July 2004 through July 2008 not to exceed a five (5) year period.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Denton Library Board endorses this program as it fits within the Library's mission to
"enrich and advance the community by providing quality materials and services of informational,
educational, leisure and cultural value."
Agenda Information Sheet
July 27, 2004
Page 2
FISCAL INFORMATION
There is no financial impact on the Library system as these services are daily provided to all
citizens.
EXHIBITS
Resolution
Certificate of Coordination
Respectfully submitted:
Eva Poole
Director of Libraries
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CERTIFICATE OF COORDINATION BETWEEN THE CITY
OF DENTON, TEXAS AND THE HOUSING AUTHORITY OF THE CITY OF DENTON,
PROVIDING FOR COORDINATION OF CERTAIN LIBRARY SERVICE WITH DENTON
HOUSING AUTHORITY FAMILY SELF-SUFFICIENTCY PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Demon Housing Authority has developed a Family Self-Sufficiency
program, designed to assist Housing Authority participants to acquire the necessary skills to
secure employmem and enhance financial self-sufficiency; and
WHEREAS, the Demon Housing Authority uses gram monies and the assistance of
community resources to successfully run the program; and
WHEREAS, the Demon Housing Authority wishes to use certain programs provided by
the Library of the City of Demon; and
WHEREAS, the Library already provides certain computer training on the imemet and
other electronic databases, provide books, audio visual materials, and other resources available
for check out, and can provide reference and information assistance; and
WHEREAS, the DeNon Housing Authority would like to coordinate these services with
members of the Family Self-Sufficiency program; and
WHEREAS, the city council deems that it is in the public imerest to coordinate these
library services with the DeNon Housing Authority Self-Sufficiency program; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the Mayor, City Manager, is hereby authorized to execute, on behalf
of the City Council of the City of Demon, Texas, a Certificate of Coordination between the
Housing Authority of the City of Demon and the Library of the City of Demon in substamially
the form of the Certificate of Coordination attached hereto and incorporated herein by reference
SECTION 2. That this resolution shall become effective immediate upon its passage and
approval.
PASSED AND APPROVED this the
__day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documents\Resolutions\04\DLibrary Housing Authority Agreement.doc
CERTIFICATE OF COORDINATION
between
THE HOUSING AUTHORITY OF ~ CITY OF DENTON
and
CTTY 0FDENTON
Name of Agency
The City of Den,tgn, Library isa totally
Nm, ne of Agency
community based organization providing supportive services to Denton and surrounding
communities.
Some of the services provided include: (but not limited to):
LIST DESCRIPTION OF SERVICES PROVIDED TO DHA RESIDENTS:
Please see attached Exhibit "A"
The City of Denton, Library in collaboration with the Housing
Name of Agency
Authority of the City of Denton (DHA) and other service providers{stlpport the Self-
Sufficiency Program for Section 8 residents to reach their goals of productive
independence.
Be it therefore resolved the City of Denton
Namo of Ag,ney
· Continue to provide supportive services to DHA residents
· Accept appropriate referrals
· Assist in monitoring/evaluating FSS/COL participant services; and,
agrees to:
Assist the Self Sufficiency Program Coordinating Committee (PCC) in non-
duplication of services
The City of Denton' Resolves as well, to be an active member
Name of Agency
of the Self Sufficiency Program Coordinating Committee on a volunteer basis.
This agreement is valid from
not to exceed a five (5) year period.
with a thirty (30) day written notice.
through ,
This Agreement may be terminated by either party
Administrator (please print)
Tire
Signature
Date
Authorized Staff (plea~ print)
Title
Signature
Date
EXHIBIT A
t. Computer training classes on the Intemet and electronic databases
2. Books, audio visual materials and other resources available for check out
3. Information and reference assistance
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
July 27, 2004
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract
for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefore; and
providing an effective date (Bid 3182-Annual Contract for Gasoline and Diesel Fuel in the
estimated amoum of $1,000,000).
BID INFORMATION
This bid is for the annual comract to supply the City of DeNon with gasoline and diesel fuel.
Fuel is delivered to the Service Cemer in 8000-gallon tanker loads and to remote sites or jobsites
in smaller quamities. The bid is awarded based upon the mark-up charged by the supplier. The
actual price of fuel will vary depending upon the DFW Oil Price tnformation Services tndex
(DFW OPTS) posted at the terminal the day fuel is picked up. The actual price will be the DFW
OPtS daily average fuel price for fuel in a non-attainmem area plus the markup amoum.
RECOMMENDATION
We recommend this annual comract be awarded to the lowest bidder for each item:
Price Above
Item Description
1 Unleaded Gasoline
2 Diesel Fuel
3 Unleaded Gasoline Less
Than 2,000 Gallons
4 Diesel Fuel Less Than
1,000 Gallons
Supplier
Martin Eagle Oil Co.
Martin Eagle Oil Co.
Martin Eagle Oil Co.
Martin Eagle Oil Co.
DFW OPtS
$1.2233
$1.0676
$1.2859
$1.1302
The annual estimated total cost at today's price is approximately $1,000,000.
PRINCIPAL PLACE OF BUSINESS
Martin Eagle Oil Company
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
Tanker loads of fuel can be delivered within a 24-hour notice. Smaller quamities can be
delivered within the same time period.
Agenda Information Sheet
July 27, 2004
Page 2
FISCAL INFORMATION
Fuel is purchased from Motor Pool Working Capital accounts 820200.6408 and 820200.6410
(Gasoline) and 820200.8418 and 820200.6420 (Diesel). This cost is then charged back to the
using department.
Attachment 1: Tabulation Sheet
Attachment 2: Sample DFW OPIS Report
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Bid # 3182
Date: 6/24/04 Attachment 1
Annual Contract For Gasoline & Diesel Fuel
Reeder
~ Martin Eagle Douglass Mansfield Oil Petroleum
~ Distribution,
Oil Company Distributing Company Traders Corp.
Inc.
Fort Wayne,
Principle Place of Business: Denton, TX Fort Worth, TX Sherman, TX Gainesville, GA
IN
Annual Agreement for
I 300,000 Gallons the purchase of unleaded
9asoline
Must meet requirements for
non-attainment area
DFW O.P.I.S. average net
A price with superfund $1.2159 $1.2159 $1.2310 $1.2086 $1.2164
included
B (+markup) (-markdown) $.0074 $.009 $.0326 $.0088 $.0089
C Selling price per gallon $1.2233 $1.2249 $1.2636 $1.2174 $1.2253
delivered
Annual Agreement for
2 600,000 Gallons
the purchase of #2 diesel
Must meet requirements for
non-attainment area
DFW O.P.I.S. average net
A price with superfund $1.0602 $1.0602 $1.0729 $1.0603 $1.0603
included
B (+markup) (-markdown) $.0074 $.009 $.0346 $.0137 $.0099
C Selling price per gallon $1.0676 $1.0692 $1.1075 $1.0740 $1.0702
delivered
Unleaded gasoline
3 10,000 Gallons delivered in less than
2,000 9allons
DFW O.P.I.S. average net
A price with superfund $1.2159 $1.2159 $1.2310 No Bid No Bid
included
B (+markup) (-markdown) $.0700 $.0900 $.0826 No Bid No Bid
C Selling price per gallon $1.2859 $1.3059 $1.3136 No Bid No Bid
delivered
#2 Diesel delivered in less
4 6,000 Gallons than 1,000 gallons. Pump
off required.
DFW O.P.I.S. average net
A price with superfund $1.0602 $1.0602 $1.0729 No Bid No Bid
included
B (+markup) (-markdown) $.0700 $.1500 $0.0846 No Bid No Bid
C Selling price per gallon $1.1302 $1.2102 $1.1575 No Bid No Bid
delivered
D Pump off charge if $25.00 $0 $0 No Bid No Bid
applicable
__.. _ ,D~liv~rv I Day 1 Day 24 Hours 1 Day 1
Day
Atta¢l~e~t 2
BRD LOW RACK
BRD HIGH RACK
BRD RACK AVG
UBD LOW RACK
UBD HIGH RACK
UBD RACK AVG
CONT AVG-06/17
119.34 123.30 128.25
t21.72 125,53 131.62
120.29 I24.40 130.13
117.8t 121.77 126,72
119.00 121.77 128.00
118.41 121.77 127.36
121.05 125.36 130.82
124.10 129.63
121.77 126.72
125.53 131.62
CONT NET AVG-06/17 119.95
CONT NET LOW-06/17 117.81
CONT NET HIGH-06~17121.72
DALLAS,
TX
LOW RETAIL 182.97
AVG RETAIL 187.39
LOW RETAIL EX-TAX 144.07
AVG RETAt L EX-TAX 148.49
RACK/RETAIL P+/L- + 28.54
2004-06-17 10:41:18 EDT
DALLAS METRO, TX.**OPIS NET RFG MTBE BLENDS PRICES**
Terms Unt Move Mid Move Pre Move Date
Mystik b 1-12 120.24- 2.30 124.20 - 2,30 130.14 - 2.30 06/16
Valero u 1-10 120.48 .25 123.95 .25 129.89 .25 06/17
COP b 1-10 120,98- 1,80 125.19 - 1.80 130.88 - 1.80 06/17
Citgo b 1-12 121.23- 1.80 125.19 - 1.80 131,13 - 1.80 06/16
Shamrock b 1-10 121.32- .50 124.79 - .50 130.73 - .50 06/17
XOM b 1-10 121.35 - 1.65 125.81 - 1,65 131.25 - 1.65 06/17
DiamondSh b 1-10 121.52- .50 124.99 - .50 130.93 - .50 06/17
Fina b 1-10 121.52- .75 125.68 - .75 131.32 - .75 06/17
Texaco b 1-10 121.57- 1.00 126.13 - 1.00 131.18 - 1.00 06/17
BP b 1-10 121.72 3.50 126.18 3.50 132.12 3.50 06/17
Chevron b 1-10 121.77- .80 126.23 - .80 131.67 - .80 06/17
FlntHlsRs u N-10 122.45- 1.00 125.85 - 1.00 132.45 - 1.00 06/17
WestrnRefu N-7 122.50- 1.00 ........ 132.50 - 1.00 06/17
Shell b 1-10 122.56- 1.60 127.12 - 1.60 132,17 - 1,60 06/16
Conoco b 1-10 122.61 - 1.80 126.57 - 1.80 132.51 - 1.80 06/17
Fina u N-10 131.00d-2.45 134.00d-2.45 139.00d-2.45 06/17
LOW RACK 120.24 123.95 129.89
HIGH RACK
RACK AVG
BRD LOW RACK
BRD HIGH RACK
BRD RACK AVG
UBD LOW RACK
UBD HIGH RACK
UBD RACK AVG
CONT AVG-06/17
t22.61 127.12 132.51
121.59 125.56 131.39
120.24 t24.20 130.14
122.61 127.12 132.51
121.53 125.67 131.34
120.48 t23.95 129,89
122.50 125,85 132.50
121.81 t24.90 131.61
122.65 126.74 132.54
125.56 131.39
123.95 129.89
127.12 132.51
CONT NET AVG-06/17 121.59
CONT NET LOW-06/17 120.24
CONT NET HIGH-06/17122.61
d=not in average
,'~/~ ";'/hz[.
DALLAS,
TX
LOW RETAIL 172.73
AVG RETAIL 188.52
LOW RETAIL EX-TAX 133.83
AVG RETAIL EX-TAX 149.62
RACK/RETAIL P+/L- + 28.03
Copyright, Oil Pdce Information Service
2004-06-17 10:41:18 EDT
DALLAS METRO, TX **OPIS NET NO.2 DISTILLATE FUELS**
Terms No.2 Latest No.2 Latest No.2 Latest Date of
LS Move HS Move ULS Move Move
XOM-Flex b 1-10 104.10
Valero u 1-10 104.49
Chevron b 1-10 104.64
FlntHIsRs u N-10 104.75
XQM b 1-10 104.89
· 75 ................ 06/17
.85 ................ 06/17
· 50 ............... 06/17
.75 ................ 06/17
125 ................ 06/17
BP b 1-10 t04.99 -1.10 ............... 06/17
Pride u N-10 105.25 -1.75 ............... 06/16
Citgo b 1-12 105.83-1.00 ................ 06/17
Shell u N-15 105.92 .52 ............... 06/17
DiamondSh b 1-10 106.28 .55 ................ 06/17
Shamrock b 1-10 106,28 .55 06/17
Fina b 1-10 106.82 ,50 ................ 06/17
Conoco b 1~10 106.92 -2.95 ' 06/17
COP b !-10 106.92 - 2.95 ................ 06/17
COP u N-I0 108.00-3.45 ................ 06/17
Texaco b 1-10 108.17 ,78 ............... 06/17
Texaco u 1-10 108.17 ,78 ................ 06/17
Fina .u N-10 131,55d .50 ............... 06/17
LOW RACK 104.10 ........
HIGH RACK 108.17 ........
RACK AVG 106.02 .......
BRD LOW RACK 104.10 ........
BRD HIGH RACK 108.17 ........
BRD RACK AVG 105.99 ........
UBD LOW RACK 104.49 ........
UBD HIGH RACK 108.17 ........
UBD RACK AVG 106.10 ........
CONT AVG-06/17 106.84 ........
CONT NET AVG-06/17 106.02 ........
CONT NET LOW-06/17 104,10I -- .......
CONT NET HIGH-06/17108.17 ........
d=not in average
2004-06-17 10:41:18 EDT
DALLAS METRO, TX **OPIS NET PREMIUM NO.2 DISTILLATE FUELS**
Terms No,2 Latest No.2 Latest No.2 Latest Date of
LS Pre Move ULS PRM Move HS PRM Move Move
Valero u 1-10 105.19 .85 ................ 06/17
DiamondSh b 1-10 106.97 ,55 ................ 06/17
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE
(BID 3182 - GASOLINE AND DIESEL FUEL IN THE ESTIMATED AMOUNT OF $1,000,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3182 1-4 Martin Eagle Oil Company Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID 3182
Bid # 3182
Date: 6/24/04 Exhibit A
Annual Contract For Gasoline & Diesel Fuel
~ Martin Eagle
Oil Company
Principle Place of Business: Denton, TX
Annual Agreement for
300~he purchase of unleaded
9as°line _
Must meet reqLdrements for
non-attainment area
DFW O.P.I.S. average net
price with superfund $1.2159
included
(+markup) (-markdown) $.0074
~ S~,ng I~r!.ce pe~ gallon
.......
nnn rz=u~ Annual Agreement for
Must meet reqLdrements for
non-attainment area
DFW O.P.I.S. average net
price with superfund $1.0602
included
(+markup) (-markdown) $.0074
~ S~,ng I~r!.ce pe~gallon
~-"= d~e}}~/-e~-e-c~ =-'.... $1.0676
Unleaded gasoline
lO~elivered in less than
2,000 cjallons
DFW O.P.LS. average net
price with superfund $1.2159
_ included _
(+markup) (-markdown) $.0700
~ S~,n~ I~r!.ce pe~gallon
~Diese~vr~r~d in less
6~s than 1,O00~llons. Pump
off required.
DFW O.P.I.S. average net
price with superfund $1 0602
_ indlded _
~ S~,ng I~r!.ce pe~gallon
delivered Si.t302
Pump oil. cl~rgeif
Delivery 1 Day
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
July 27, 2004
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract
for the purchase of Tire Repair and Tire Changing Services; providing for the expenditure of
funds therefore; and providing an effective date (Bid 3183- Annual Comract for Tire Repair and
Tire Changing awarded to Briscoe Tire Inc. in the estimated amoum of $100,000).
BID INFORMATION
This bid is for the comract to provide tire repair, tire changing and on site (roadside) flat repair
for the City of DeNon fleet. The comract will be administered through the Fleet Services
Division.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder, Briscoe Tire Inc. in the
estimated amount of $100,000.
PRINCIPAL PLACE OF BUSINESS
Briscoe Tire, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract, which will remain in effect through July 27, 2005. The contract may
be extended for additional one-year periods by mutual agreement of both parties. Roadside
service is to be dispatched within 30 minutes of notice, 24 hours per day.
FISCAL INFORMATION
The services provided will be funded from the Motor Pool maintenance budget and charged back
to the individual vehicle as a cost of operation.
Agenda Information Sheet
July 27, 2004
Page 2
Attachment 1: Tabulation Sheet
1-AlS-Bid 3183 Tire Repair and Changing
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Bid # 3183 Attachment 1
Date: 7/1/04
Annual Contract For Tire Repair & Tire Changing
Briscoe Tire [nc~ Pro Tire [nc~
Principle Place of Business: Denton, TX Denton, TX
Service Call anywhere
I $30.00 $25.00
within Denton city limits
After hours service call
2 anywhere within Denton $20.00 $65.00
city limits
Cost of tire repair on
3 $15.00 $17.50
road (small tires)
Cost of tire repair on
4 $20.00 $22.00
road (large tires)
Cost of removing &
5 $15.00 $15.00
replacing (small tires)
Cost of removing &
6 $20.00 $20.00
replacing (large tires)
Cost of front-end
7 No Bid $95.00
alignment on site
Cost of inspection of
8 tires on City of Denton $0.00 $65.00 per hour
vehicles & equipment
Cost of large tire re-
9 treads $115.00 +/- $135.00
Cost of removing &
10 $2.00 - $5.00 $2.00 - $5.00
disposing used tires
Miscellaneous parts -
11 percentage of jobber's 75%
list price (include a
copy of the list).
12 Shipment
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF TIRE REPAIR AND TIRE CHANGING SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 3183- ANNUAL CONTRACT FOR TIRE REPAIR AND TIRE
CHANGING AWARDED TO BRISCOE TIRE INC. IN THE ESTIMATED AMOUNT OF
$100,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3183 1-10 Briscoe Tire Inc. Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2
Bid # 3183 ExhibitA
Date' 7/1/04
Annual uontract hor ~re Kepa~r ~ ~re
Briscoe Tire Tnc.
Principle Place of Business: Denton, TX
Service Call anywhere
I $30.00
within Denton city limits
After hours service call
2 anywhere within Denton $20,00
city limits
Cost of tire repair on
3 $15.00
road (small tires)
Cost of tire repair on
4 $20.00
road (large tires)
Cost of removing 8.
5 $15.00
replacing (small tires)
Cost of removing IA
6 $20.00
replacing (large tires)
Cost of front-end
7 No Bid
alignment on site
Cost of inspection of
8 tires on City of Denton $0.00
vehicles lA equipment
Cost of large tire re-
9 treads $115.00 +/-
Cost of removing lA
10 $2.00 - $5.00
disposing used tires
Miscellaneous parts -
11 percentage of jobber's 75%
list price (include a
copy of the list).
12 Shipment
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
July 27, 2004
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of a
Stand By Reuse Water Pump and Motor Assembly for the Pecan Creek Water Reclamation
Plant, available from only one source in accordance with the provision for State Law exempting
such purchases from requirements of competitive bids; and providing an effective date (File
3194-Purchase of Stand By Pump for Pecan Creek Water Reclamation Plant to Johnston Pump
Company in an amount not to exceed $37,938).
FILE INFORMATION
The existing Reuse Water Pump Station at the Pecan Creek Water Reclamation Plant was
constructed in the early 1970's to supply reuse water to the Spencer Steam Electric Generating
Plant. The Pump Station was sized to serve the needs of the Spencer Plant with one of the two
pumps operating. This provided 3 million gallons per day (mgd) firm capacity for the Spencer
Plant's use during peak summer days. This also allowed one standby pump to provide service in
case one of the pumps malfunctioned.
A new 18-inch reuse water line was constructed last year to provide reuse water service to
Oakmont Country Club and other entities in route to the Country Club. The total reuse water
demand from all entities including the Spencer Plant and the Country Club will exceed the
capacity of one pump at the Reuse Water Pump Station. Therefore, both pumps will be in service
during the peak demand period.
It has been determined that with two existing pumps pumping at the same time, the Reuse Water
Pump Station can pump up to 5.7 mgd. However, with additional customers on line, a standby
pump is essential to provide service during the peak demand period in case one pump
malfunctions. The purchase of a standby pump will add to the reliability of the operation as well
as defer construction of a larger reuse pump station for a substantial period in the future.
The two existing reuse water pumps were manufactured by and purchased from Johnston Pump
Company. This proposal is for a 16 GMC-2 stage pump which matches the specifications of the
original reuse water pumps. Therefore, the new pump can be more easily traded out should one
of the original pumps fail. The pump can be fitted onto the existing concrete structure matching
the piping and valves of the original pumps. Johnson Pump Company is the sole manufacturer
of the 16 GMC-2 stage pump; therefore this item is considered a sole source purchase.
Agenda Information Sheet
July 27, 2004
Page 2
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item by a vote of 7-0 at its July 12, 2004 meeting.
RECOMMENDATION
We recommend this item be awarded to Johnston Pump Company in an amount not to exceed
$37,938.
PRINCIPAL PLACE OF BUSINESS
Johnston Pump Company
Brookshire, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the pump is estimated to be between 16 to 18 weeks after receipt of an order.
FISCAL INFORMATION
This item will be funded from account 640028539.1350.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Johnston Pump Company Proposal and Sole Source Verification
1 -AlS-File 3194
Attachment i
Johnston Pump Co.
800 Koomey Road
Brookshire, TX 77423
Mel Asher
Pump Applications
P: 281-934-6199
F: 281-934-6194
E: masher~flow-products, com
Date:
Attn:
Phone:
Reference:
Quote No:
July 08, 2004
Greg Hall Of: City of Denton
940-390-3503 Fax: 940-349-7507 or
Duplication of serial number GD-2671, 72
04MA-0539 riv #3
8617
Add:
Johnston Pump Company is pleased to offer the following revision, for your consideration on this project the
following Johnston equipment quoted in accordance with supplied description. We have issued this revision to
extend the bid validity date for 60 days from today, and remove the material surcharge paragraph: as requested.
SCOPE OF SUPPLY
One 16GMC-2 Stage, 316ss /410 ss impeller
10 inch, flanged steel column, Rubber bearings.
JTA, cast iron 10-inch discharge head, Carboline Coated.
$ 30,515.00 ea
We assume testing is no longer required
One t50 bp, 3-60-460v. 1800 rpm. TEFC elect motor.
$ 7,423.00 ea add
Johnston Pump Company is the sole Manufacture of the 16GMC-2 stage, we are the OEM "Original Equipment .Manufacture" and
we will sell and ship this product direct t~om the factory.
THE ITEMS THAT ARE SOLD AND SHIPPED TO YOU PURSUANT TO THIS ORDER/INVOICE ARE SUB3ECT TO THE EXPORT LAWS OF THE
UNITED STATES AND PERHAPS OTHER COUNTRIES AS WELL. FLOW PRODUCTS, A DIVISTON OF PCC FLOI~ TECHNOLOGIES LP,
3OHNSTON PUMP, PACO PUMPS, CROWN PUNPS AND GENERAL VALVE TS CON~4ITED TO CONPLI'ANCE WTTH ALL RELEVANT EXPORT
CONTROL LAWS, IF YOU ARE NOT THE END-USER OF THE ITEMS BEING SOLD TO YOU, YOU AGREE TO NOTIFY FLOW PRODUCTS, A
DIVISTON OF PCC FLOW TECHNOLOGTES LP tNMEDTATELY AS TO THE END-USER, LOCATION OF THE ENO USER, AND THE END USE
OF THE PRODUCT(S). YOU ALSO AGREE TO COOPERATE WITH ANY U.S. AND FOREIGN REGULATORY REQUTREMENT OR ANY
GOVERNMENT INQUIRY, AUDIT, INVESTIGATION OR OTHER INQUIRY, UPON NOTICE TO YOU BY FLOW PRODUCTS, A DIVISION OF
PCC FLOW TECHNOLOGIES LP OR ANY RELEVANT GOVERNMENT. IF YOU 'rNTEND TO RESELL OR RE-EXPORT THESE PRODUCTS TO
ANOTHER COUNTRY(IRS), PLEASE BE AWARE THAT THESE PRODUCTS ARE SOLD AND~/OR EXPORTED BY FLOW PRODUCTS, A DTVISION
OF PCC FLOW TECHNOLOGIES TN ACCORDANCE WITH U.S.EXPORT CONTROL LAWS.CONPLTANCE WTTH THESE LAW5 IS HANDATORY ON
ALL PARTTES ANYWHERE IN THE WORLD UNDER U.S.LAW AND DIVERSION OF PRODUCTS OR ACTS CONTRARY TO U.S. AND RELEVANT
FORETGN EXPORT LAWS IS PROHIBTTED AND NAY SUB3ECT YOU TO SIGNIFICANT PENALTTES AND OTHER SANCTTONS.
Any subsequent order is subject to acceptance by the Johnston Pump, and is subject to Johnston Pump's
Standard Terms and Conditions of Sale and Terms of Payment (See Attached).
This quotation is based upon F,O.B. Factory, unless otherwise indicated above. This quotation is valid for 60
days from date issued. Estimated delivery of the equipment outlined above is 16-18 weeks after receipt of an
acceptable released order and credit approval.
Sincerely,
Johnston Pump
Mel Asher
Application Engineer cc: Tom Sellers
Page: 1 of 1
7/9/2OO4
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
July 12, 2004
DRAFT
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, July 12, 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, Yolanda Guzman, George Hopkins, Charldean
Newell, Dick Smith and Don White
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
EXCUSED:
The Public Utilities Board convened into Open Session at 9:00 a.m.
8)
Consider approval of the purchase of a standby reuse water pump and motor assembly at
Pecan Creek Water Reclamation Plant from the Johnston Pump Company in an amount
not to exceed $37,938.
P.S. Arora, Assistant Director of Wastewater Utilities, presented this item.
It has been determined that with two existing pumps pumping at the same time, the Reuse Water
Pump Station can pump up to 5.7 mgd. However, with additional customers on line a standby
pump is essential to provide service during the peak demand period in case one pump
malfunctions. The purchase of a standby pump will add to the reliability of the operation as well
as defer construction of a larger reuse pump station for a substantial period in the future.
Staff worked with the Purchasing Department to allow purchase of the standby pump from
Johnston Pump Company by matching the specifications of the original reuse water pumps.
Staff was able to negotiate a $3,000 reduction from the first cost proposal.
Hopkins moved approval of Item #8, with a second from Board Member Dick Smith. The
motion was approved by a vote of 7-0.
Page 1 of 1
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF A STAND BY REUSE WATER PUMP AND MOTOR ASSEMBLY
FOR THE PECAN CREEK WATER RECLAMATION PLANT AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3194-
PURCHASE OF STAND BY PUMP FOR PECAN CREEK WATER RECLAMATION
PLANT TO JOHNSTON PUMP COMPANY IN AN AMOUNT NOT TO EXCEED
$37,938).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following purchase of materials, equipment or supplies, as
described in the "File Number" listed hereon, and on file in the office of the Purchasing
Agent, and the license terms attached hereto are hereby approved:
FILE
NUMBER VENDOR AMOUNT
Johnston Pump Company
3194 $ 37,938
SECTION 2. That the acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. That the City Manager is hereby authorized to execute any
contracts relating to the items specified in Section I and the expenditure of funds pursuant
to said contracts is hereby authorized.
SECTION 4. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
day of ,2004.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
July 27, 2004
Engineering
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance approving a Pro Rata Reimbursemem Agreemem for drainage
improvemems between the City of DeNon, Texas and Windjammer, Ltd. pursuam to the City's
Drainage Pro Rata Ordinance contained in Article VII of Chapter 26 of the Code of Ordinances of the
City of DeNon; modifying that certain economic developmem agreemem dated March 23, 2004
between the City of DeNon and Windjammer, Ltd.; and providing an effective date.
BACKGROUND
Windjammer, Ltd. Has expressed imerest in emering into a drainage pro rata agreement. During
processing of the plats for the proposed Cinemark development at Unicom Lake, Hughes & Luce, LLP
(represeming Mr. Bob Shelton and Windjammer, Ltd.) raised concerns about the City's requiremem to
provide drainage structures large enough to account for future upstream development. (Section
35.19.4(A)(5) of the Developmem Code) The subject section of the ordinance requires construction of
drainage improvemems through the property large enough to carry a 100-year storm based on
developed upstream conditions. As a result of this concern, the City developed the pro rata agreemem
mechanism to reimburse a developer for additional costs associated with either upsizing drainage
structures to provide for future upstream development or downstream drainage improvements across
an adjacem property.
Windjammer, Ltd. Has requested a pro rata agreement to recover the costs associates with oversizing
to accommodate future offsite development. By approving this oversizing agreement, the City will
collect oversizing fees from the undeveloped properties within the basin when they develop prior to
platting or issuing a building permit for the properties subject to the pro rata agreemem. The City will
in turn reimburse the original developer for the additional capacity in the system used by that specific
development.
This pro rata reimbursement agreement negates provisions in the current 380 agreement with
Windjammer, Ltd. that provided a reimbursemem mechanism for the same effort.
PRIOR ACTION/REVIEW
There has been no official action or review relative tO this Pro Rata Agreement. If this agreement is
approved, the pending variance request for relief from the drainage criteria to oversize the drainage
features to handle the ultimate developed flow relative to this project must be denied.
FISCAL INFORMATION
This pro rata agreemem will result in an initial fee paid to the City of $2,500 with an additional $2,500
fee due as the upstream property develops.
The agreement will be administered by existing Engineering Department personnel.
Page 1
ATTACHMENTS 1. Ordinance
2. Pro Rata Agreement
Prepared By:
Charles Fiedler
Director, Engineering
Page 2
S:\Our Documents\Ordinances\04\Windjammer Pro Rata Approval.doc
ORDINANCE NO.
AN ORDINANCE APPROVING A PRO RATA REIMBURSEMENT AGREEMENT FOR
DRAINAGE IMPROVEMENTS BETWEEN THE CITY OF DENTON, TEXAS AND
WINDJAMMER, LTD. PURSUANT TO THE CITY'S DRAINAGE PRO RATA
ORDINANCE CONTAINED IN ARTICLE VII OF CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; MODIFYING THAT CERTAIN ECONOMIC
DEVELOPMENT AGREEMENT DATED MARCH 23, 2004 BETWEEN THE CITY OF
DENTON AND WINDJAMMER, LTD.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Windjammer, Ltd (the "Developer") has applied for drainage pro rata
reimbursement for certain oversized drainage improvements pursuant to the City's Drainage Pro
Rata Ordinance contained in Article VII of Chapter 26 of the Code of Ordinances of the City of
Denton; and
WHEREAS, attached hereto and made a part hereof by reference is a Pro Rata
Reimbursement Agreement between the City and the Developer (the "Pro Rata Agreement");
and
WHEREAS, the City Council of the City of Denton hereby finds that the Pro Rata
Agreement is in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are true and correct and are incorporated herein by reference.
SECTION 2. The Pro Rata Agreement is hereby approved. The City Manager or his
designee is hereby authorized to execute the Pro Rata Agreement on behalf of the City and to
carry out the City's fights and duties therein.
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
EULINE BROCK, MAYOR
BY:
APPROVED AS TO FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
S:\Our Documents\Contracts\04~Pro-Rata Agreement-Windjammer-6-23-04.DOC
PRO RATA REIMBURSEMENT AGREEMENT
FOR
DRAINAGE IMPROVEMENTS
WHEREAS, Windjammer, Ltd., a Texas limited partnership ("Developer"), whose
business address is 3505 Teasley Lane, Denton, Texas 76205, is the developer of that certain real
property located in the City of Denton, Texas as more particularly described in Exhibit "A"
attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, the City of Denton Development 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 Denton
(the "Drainage Pro Rata Ordinance'') allows the Developer to enter into an agreement with the
City authorizing the City to collect a Pro Rata Charge at the time of f'mal plat or building permit,
from upstream Property Owners, based upon a formula that calculates surface water nm-off
usage of such drainage facilities resulting from the actual development of such properties, as
provided for in the Drainage Pro Rata Ordinance; and
WHEREAS, the City of Denton, Texas, a home rule municipal corporation (the "City")
and the Developer have entered into this Agreement 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
development of the Property and existing up stream runoff, whether on site or off-
site and handle the fully developed watershed basin in which the Property is
located (the "Oversized Improvements"). Developer has submitted to the City an
engineer's cost estimate based on 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
estimates the City and Developer agree that the estimated cost to construct the
Oversized Improvements is $41,392.41 (the "Estimated Oversized Costs"). A
detailed breakdown of (a) the estimated cost to construct the Drainage Facilities,
)b) the Estimated Oversized Costs, (c) the affected properties, and (d) the
estimated amounts of the Pro Rata Charges that will be due from each Property
Owner are attached hereto and made a part hereof as Exhibit "C".
S:\Our Documents\Contmcts\04~Pro-Rata Agreement-Windjammer-6-23-04+DOC
Prior to beginning construction of the Drainage Facilities, Developer shall obtain
at Developer's sole cost and expense, all necessary permits, licenses, and
easements. On or before 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.
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 Costs, the
City shall have the right to inspect any and all records of Developer, its agents,
employees, contractors, or subcontractors related to the Drainage Facilities and
shall have the fight 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.
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 the
later of thirty (30) days after acceptance of the Drainage Facilities by the City or
thirty (30) days after the receipt the Pro Rata Charge, the City shall transfer the
Pro Rata Charge to the Developer, less the applicable administrative fee as
provided in the Drainage Pro Rata Ordinance. In no event will the Pro Rata
Charge bear interest or be adjusted for inflation.
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
acceptance of the Drainage Facihties by the City. 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 the
Oversized Costs.
Page 2 of 5
S:\Our Documents\Contracts\04~Pro-Rata Agreement-Windjammer-6-23-04.DOC
10.
This Agreement is subject to the Drainage Pro Rate Ordinance.
The Developer will look solely to the Pro Rata Charges provided for in this
Agreement for reimbursement 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 Agreement.
The City shall not be obligated to collect all or any part of a Pro Rata Charge from
a Property Owner under either of the following situations:
A Property Owner has filed written objections to all or part of a
Pro Rata Charge as being unlawful or invalid, and the City in its
sole opinion determines that such objection has merit. In such
case, upon written request from the Developer, the City will assign
its right to collect such Pro Rata Charge to the Developer. In such
case the City will not withhold the approval of the final plat or
building permit for the subject property.
A court of competent jurisdiction determines that all or part of a
Pro Rata Charge is unlawful or invalid. In such case if the Pro
Rata Charge has not been paid at the time of the court
determination the City will not withhold approval of the final plat
or building permit for the subject property. If the Pro Rata Charge
has already been collected by the City and paid to the Developer,
the Developer shall refund the Pro Rata Charge to the City with
accrued interest, no later than 60 days after written demand from
the City. The City will not be obligated to collect any future Pro
Rata Charges under this Pro Rata Agreement until this refund is
made.
In collecting a Pro Rata Charge from a Property Owner, the City is performing a
governmental function and thereby has governmental immunity to any claim or
action from a Developer under the Drainage Pro Rata Ordinance or this Pro Rata
Agreement. The City shall not be liable to the Developer should it make a mistake
in calculating the applicable Pro Rata Charge or inadvertently fail to collect a Pro
Rata Charge, whether or not the City acted negligently. In such case, upon
written request from the Developer, the City will assign its right to collect such
Pro Rata Charge to the Developer.
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 or to Fax No. 940.536.1150, and to the City at the following
Page 3 of 5
S:\Our Documents\Contracts\04hr'ro-Rata Agreement-Windjammer-6-23-04.DOC
address: City Manager, City of Denton, 215 E. McKirmey, Denton, Texas 76201
or Fax No. 940.349.8596.
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. The City and
Developer have previously entered into that certain Economic Development
Program Agreement dated March 23, 2004 which was approved by Ordinance
No. 2004-093 (the "Economic Development Agreement"). Page 14 of Exhibit A
to the Economic Development Agreement provides for reimbursement of oversize
drainage improvements which are the subject of this pro rata Agreement. To the
extent that the Developer is reimbursed for the Oversized Costs under either this
pro rata Agreement or the Economic Development Agreement, the reimbursement
amount under the other agreement shall be reduced dollar for dollar so that the
total reimbursable amount under both agreements shall not exceed the Oversize
Costs.
12.
Developer may assign its rights under this Agreement but such assignment will
not take effect until the City has been notified in writing of the name, address,
telephone number and representative of assignee. However, partial assignments
are not allowed.
13.
This Agreement shall be construed under the iaws of the State of Texas and is
fully performable in Denton County, Texas. Any and ail suits for any breach of
this Agreement, or any other suit pertaining to or arising out of this Agreement,
shall be brought and maintained in a court of competent jurisdiction in Denton
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 after the Effective Date as provided below,
this Agreement shall terminate and be of no further force or effect.
Signed to be effective this the day of
Date").
,2004 (the "Effective
CITY OF DENTON, TEXAS
By:
Michael A. Conduff, City Manager
Page 4 of 5
S:\Our Documents\Contracts\04~Uro-Rata Agreem~nt-W~ndjammer-6-23-04.DOC
ATTESTED BY:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
WINDJAMMER, LTD.,
A Texas limited partnership,
Its General Partner
By:
By:
BOB SHELTON ENTERPRISES
MANAGEMENT CO., LLC
A Texas limited liability company
Its General Partner
Bob-Shelton, Pl~Y~d~nt
Page 5 of 5
Exhibit A
DAR'tlJSH ~ I.J~DA~IY~
VOL, 2¢JGO, PG. 28?
O.R,D.~T.
ZO~IED R~C~D
LODGE CONSTRUCTIO~I COMPANY,
VOL. 142<J. P~, i56
O.R.DoC.T.
ZO~F.D RCC-O
,i
"EXHiBiT C"
UPSTREAM EXISTING DEVELOPMENT CONDITIONS - DRAINAGE COST ($DC)
A PPROXtMA TE UNIT TOTAL
DESCRIPTION UNIT QUANTITY PRICE AMOUNT
?~ ~~:'~:~;~ ?;x~7 :~-::~:;~.: ::: ;: :;: ~:k ':':;;:.~'.:~ :',';' ~ :.~'; ::::1,.:~ ~:'.~ ~. ~(~q,:,~; ~5'r ~ ~'~;:::~ ,~?~.;~.~;~¢~ ~:~:~:~ ~:~;~ 'e,.~:~;~ :..~.?=;~:2~..
STORM SEWER SYSTEM
33" R.C.P. CF 215 ~9.00 $~ 2,685.00
48" R.C.P. LF t 19 $92.00 $10,948.00
4'X 4' BOX CULVERTS LF 1 ~ $135.23 $23,394.59
TOT~ DRAINAGE COST (SDC) $47,027,59
UPSTREAM PROPOSED DEVELOPMENT CONDITiONS - FUTURE DRAINAGE COST ($FDC)
A PPROXtMA TE UNIT TOTAL
DESCRIPTION L~NIT QUANTITY PRICE AMOUNT
STORM SEWER SYSTEM
7' X 4' BOX CULVERT LF 292 $185.00 $54,020.00
6' × 4' BOX CULVERT LF 215 $160,00 $34,400.00
TOTAL FUTURE DRAINAGE COST ($FDC) SBB,420J;)D
]FUTURE DRAINAGE COST
$47,027.59
$88,420,00
TOTAL ESTIMATED OVERSIZED COSTS ($FDC -SDC) $41,392,41
AFFECTED PROPERTIES A (AC) A (SF) FtA (SF) iA (SF)
DARIUSH H. HEIDARY, M,D, 4.5 195~20 15~816 0
LODGE CONSTRUCTION COMPANY, iNC, ~ 0.7 4~6092 372874 0
THE THOMAS FAMILY TRUST ~ .0 43560 34848 0
F&J PARTNERS 2.0 87120 69696 66740
FREDERICK ENTERPRISES LLC 1 .I 47916 38333 41300
TOTAL 19.30 840708 672566 108040
IMPERVIOUS AREA (IA)=108040 SF FOR THE EXtSTING CONDITION DRAINAGE AREA AS INDICATED ON EXHIBit "D"
FUTURE IMPERVIOUS AREA (IA) IS ESTIMATED AT 80% OF TOTAL THE DEVELOPED CONDITION
Pro-Rata Cost ($/SF) = [($FDC - SDC) / (FIA - tA)] = $0.0733
Unit Costs for this estimate are based on CalHar Cons~, thc Development Contract Ior the subject p~oped, y
Exhibi~ D
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 27, 2004
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of DeNon, Texas authorizing the City Manager to
execute a Professional Services Agreemem with Teague Nall and Perkins, inc. for engineering
services related to Channel Improvements to Tributary Pec-4 and a branch of Tributary Pec-4;
authorizing the expenditure of funds therefor; and providing an effective date.
BACKGROUND
The Bell and Wainwright Drainage Improvemems project (see Exhibit I) is one of two projects
planned for the purpose of reducing flooding in Eagle Drive and within the neighborhoods along
a tributary to Pecan Creek southwest of the intersection of Bell Avenue and Robertson Street.
The Bell and Wainwright Drainage Improvemems project is specifically imended to lower the
elevation and increase the flow capacity of the existing channel between Bell Avenue through
Wainwright and up to Locust Street. This project must be completed before the planned future
upstream Eagle Drive Drainage Improvements can be constructed.
For the purpose of this agreemem, the Bell and Wainwright Drainage improvemems project has
been split into two sections. The services covered under this agreement include final design of
Section 1 and schematic design of Section 2. The tasks included in the Professional Services
Agreemem include analysis and hydraulic modeling of the existing channel, design and
modeling of the improved channel, analysis of the improvement options, recommendations in the
form of a schematic report, creation of preliminary plans, final construction documents and
record drawings.
In preparing the proposal for this project, the consultant used Manual of Practice No. 45, a
widely recognized reference documem prepared by the American Society of Civil Engineers
(ASCE). Engineering fees for construction projects are frequemly negotiated on the basis of a
percentage of the estimated construction cost of the project. The CiP budget for this project
included an estimated construction cost of approximately $480,000 for the emire project;
however, for the portion of the project covered by this contract, the consultant has estimated the
construction cost to be approximately $261,000 (excerpts from the CiP that provide a breakdown
of the estimated construction cost for these facilities is included in Exhibit ii).
Using the ASCE manual method for fee estimation related to construction costs, full basic
engineering services for a project of this size, cost and complexity would typically be around
9.8% of construction cost, or approximately $25,480.00. Deleting the estimated reproduction
costs for bidding documents, the consultant arrived at a total proposed fee for basic design
services of $24,100.00. Costs for the production of schematic layouts in advance of design along
with meetings and cost estimates were estimated at $5,405.00, and costs for the production of
record drawings were estimated at $1,140.00. Total budget for professional services is proposed
at $30,600.00.
The Professional Services Agreemem for Architect or Engineer has been included with this
Agenda Information Sheet. Please see Exhibit iii.
OPTIONS
1. Approve the Professional Services Agreemem.
2. Reject the Professional Services Agreemem.
RECOMMENDATIONS
Staff recommends approval of the Professional Services Agreemem between the City of DeNon
and Teague Nall and Perkins, inc. in the amoum of $30,600 for Engineering Services for
Channel Improvements to Tributary PEC-4 and a Branch of Tributary PEC-4 otherwise known
as the Bell and Wainwright Drainage improvemems project.
PRIOR ACTION REVIEW (Council, Boards, Commissions)
The Public Utilities was presented this item at their July 12, 2004 meeting.
approved unanimously by a vote of 7 to 0.
The item was
FISCAL INFORMATION
A total of $500,000 was included in the CIP (Exhibit II) for design and construction of the Bell
and Wainwright Drainage improvemems project. Project engineering was originally amicipated
to cost $20,000, and construction costs were projected to be $480,000 for both Sections 1 and 2.
According to the ASCE method of fee estimation referenced earlier in this memo, an average
engineering fee of approximately $40,000 not $20,000 should be amicipated for a $480,000
construction project. Although total engineering costs may eventually approach this value, staff
believes an engineering fee of $30,600 for final design of Section 1 and schematic design of
Section 2 as described in this memo is in general conformance with ASCE guidelines and is
acceptable for a project of this size and complexity. At this time, it is expected that increasing
the design fee as recommended in this information sheet will not increase the overall funds
required to complete the project.
BID INFORMATION
Not applicable.
EXHIBITS
1. Map
2. CIP Detail Sheet
3. Professional Services Agreement
4. Ordinance
5. PUB Meeting Minutes
Respectfully submitted:
Howard Martin
Assistam City Manager, Utilities
Prepared by:
Timothy S. Fisher, P.E.
Assistant Director of Water Utilities
__~ : ...... ,~ - E, PRAIRIE
. ' ~ ~ :' ", :/ /. .:'~~
Z
CULVERT ~ ~ :'
IMPR~VEMEN,TS ~ ~ , , ,~ ~ , [. J /'/~ '~
'~RO-V'~ENT S
.-.'" /7:,:-: ~.:? "~. '. :. ...
BELL AND WAINWRIGHT
DRAINAGE I, MPROVEMENTS
PROJECT LtMIT~
E~GINEERING DEPARTMENT
1 ~ = 200~
EXHIBIT I
City of Denton
2004-2008 Capital Improvements Project
Project Title:
Description:
Bell and Wainwright Drainage Improvements
Widen channel from Bell upstream to Wainwright. Increase box size under one portion of
Wainwright and remove boxes in another portion. Improve the channel from Wainwright to
Locust. City Crews to improve channel and boxes.
Business Unit: 640700 Wastewater-Drainage
Project Type: Improved Service
Project Scope: Single Year Project
Category Code: 016 DRAINAGE IMPROVEMENTS
Bonds
2004 21100 FINAL DESIGN 1365 Other $20,000.00
2004 46525 CHANNEL CONSTRUCTION 1355 Equipment $10,000.00
2004 46525 . CHANNEL CONSTRUCTION 1360 Sub Contract $320,000.00
Bonds Total: $350,000.00
Revenue
2004 146525 ]CHANNEL CONSTRUCTION [ 1340 Labor $150,000.00
Revenue Total: $150,000.00
Project Total:[ $500,000.00
Comments:
Reduce the 100 year flood levels for portions of the creek.
Wednesday, September 24, 2003 Page 44,of58
EXHIBIT 2
I
!
I
!
il
II
!
!1
II
II
I
II
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
July 12, 2004
DRAFT
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, July 12, 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, Yolanda Guzman, George Hopkins, Charldean
Newell, Dick Smith and Don White
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
EXCUSED:
The Public Utilities Board convened into Open Session at 9:00 a.m.
7)
Consider approval of a Professional Services Agreement between the City of Denton and
Teague Nall and Perkins, inc. in the amount of $30,600 for engineering services for channel
improvements to Tributary PEC-4 and a branch of Tributary PEC-4, otherwise known as the
Bell and Wainwright Drainage improvements project.
Tim Fisher, Assistant Director of Water Utilities, presented this item.
The Bell and Wainwright Drainage Improvements project is one of two projects planned for the
purpose of reducing flooding on Eagle Drive and within the neighborhoods along a tributary to
Pecan Creek southwest of the intersection of Bell Avenue and Robertson Street.
The services covered under this agreement include final design of Section 1 and schematic
design of Section 2. The tasks included in the Professional Services Agreement include analysis
and hydraulic modeling of the existing channel, design and modeling of the improved channel,
analysis of the improvement options, recommendations in the form of a schematic report,
creation of preliminary plans, final construction documents and record drawings.
In preparing the proposal for this project, the consultant used Manual of Practice No. 45, a
widely recognized reference document prepared by the American Society of Civil Engineers
(ASCE). The CiP budget for this project included an estimated construction cost of
approximately $480,000 for the entire project; however, for the portion of the project covered by
this contract, the consultant has estimated construction costs to be $261,000, which does not
include culvert improvements.
Hopkins questioned the fairness of engineering service fees. He commented that, in his
experience, consultants estimate their fees based on elevated construction costs. Consequently,
the City is paying more for engineering services than it needs to pay and the practice is deceptive
as far as the public is concerned. He also questioned the use of fee schedules prepared by
Professional Organizations in which the engineering firms are involved; it is like giving the keys
for the chicken house to the Fox.
Page 1 of 2
EXHIBIT 5
Board Member Bill Cheek asked if engineering consultants take any liability for the estimated
construction costs. Fisher responded that it would be difficult to find a consultant willing to
accept that responsibility and produce a reasonable product. There would be no incentive to
keep the construction costs down.
Cheek explained that engineering fees have jumped from 6 to 10 percent in the last few years.
He informed staff of his professional association with developers who use their engineers to
coordinate quantities. When the projects exceed cost estimates, the engineer has a responsibility
to reimburse the contractor for the overage. He commented that the overages generally involve
dirt quantities. Fisher stated that the standard contract with Teague, Nall and Perkins is menu
driven by the Engineering Department.
Cheek asked if the Engineering Department was under the jurisdiction of the Planning
Department. Fisher said it was.
Cheek asked if the City were going to pay so much for engineering services, would it be possible
to obtain a better contract? Fisher explained there are many ways to negotiate a contract and it is
not generally in the owners' best interest to negotiate percentage structure. Staff always assesses
fees by basing them on a percentage of the construction value.
Cheek asked Martin if the Public Utilities Board had the authority to discuss how the City
negotiates engineering contracts. Martin said that staff could convey the Board's concerns to the
Engineering Department. Cheek informed staff that he did not want Engineering contractors
dictating construction costs. Fisher explained that staff reviews the construction estimates.
Fisher informed the Board that Teague Nail & Perkins, Inc. is responsible for the design work on
this project and the City will be performing the construction work on this project and tracking
the costs.
Cheek asked if staff was capable of the design work. Fisher explained that the Engineering
Department at one time had two engineers--one focused on development review and the other on
the Capital Program. The engineer with drainage experience left the City and the other was
assigned to the development review process. Consequently, the design work would create
workload problems for the department.
Cheek asked if the Engineering Department answers to a Board. Fisher told him they answer to
the City Council.
Cheek moved to approve the Professional Services Agreement with Teague, Nail &
Perkins, Inc., with a second from Board Member Yolanda Guzman. The motion was
approved by a vote of 7-0.
Board Member Charldean Newell asked that the opinion of the PUB be recorded to the
effect that the engineering fees are too high and that Hopkins' comment that "the fox is
guarding the henhouse" by letting engineers determine the rates for engineering has the
agreement of the Board.
Page 2 of 2
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
TEAGUE NALL AND PERKINS, INC. FOR ENGINEERING SERVICES RELATED
TO CHANNEL IMPROVEMENTS TO TRIBUTARY PEC-4 AND A BRANCH OF
TRIBUTARY PEC-4, KNOWN AS THE BELL AND WAINWRIGHT DRAINAGE
IMPROVEMENTS PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
firm of Teague Nall and Perkins, Inc. ("TNP"), of Denton, Texas to provide professional
engineering services pertaining to the completion of channel improvements to Tributary
PEC-4 and a branch of Tributary PEC-4, otherwise known as the Bell and Wainwright
Drainage Improvements Project; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above-referenced professional engineering services, and that
limited City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with Teague Nall and Perkins, Inc., a Corporation, of
Denton, Texas, for professional engineering services in an amount not to exceed $30,600,
pertaining to engineering services relating to channel improvements to Tributary PEC-4
and a branch of Tributary PEC-4 known as the Bell and Wainwright Drainage
Improvements Project; in substantially the form of the Professional Services Agreement
attached hereto and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of TNP and the demonstrated
ability of TNP to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
EXHIBIT 3
1
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:
S:\Our Documents\Ordinances\04\Teague Nall& Perkins-PSA-Bell & Wainwright Project-2004.doc
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
, 2004 by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 235 W. Hickory, Suite 100, Denton, Texas 76201 hereinafter called
"Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Engineering Services for Channel Improvements to Tributary PEC-4 and a Branch
of Tributary PEC-4 - Attachment A, including Exhibits A, B, C and D.
Q:\LDD\DEN02317\DocsWNP Wainwright Agreement.doc
Page 1
EXHIBIT 4
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 30,600
2.1.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.2 SPECIAL SERVICES
2.2.1 For Special Services the total compensation shall be $ 0
2.2.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services see Attachment C, Which includes the
fee/rate schedule
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a
multiple of 1.10 times the amounts billed to the Design Professional for such
additional services.
2.4 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.10 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of $ 200 without the prior written approval of the Owner.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
Page 2
Q:\LDD\DEN02317\Docs\TNP Wainwright Agreement.doc
1. City of Denton General Conditions to Agreement for Architectural
Engineering Services.
2. Attachments ~A through D
This Agreement is signed by the parties hereto effective as of the date first above written.
or
CITY OF DENTON
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
BY:
MICHAEL A. CONDUFF
CITY MANAGER
BY: <~~'Teague Nall,afld Perkin~~~/~
pG~rnYc,.pa~l ickery' e'~
WITNI~SS:
Page 3
Q:\LDD\DEN02317\Docs\TNP Wainwright Agreement.doc
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE I. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement")
and proposal (the "Proposal") to which these General Conditions are attached) pertbrmed by the Architect or Engineer
(hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2
and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
!.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards
consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same
locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care").
The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of
the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the
performance of the Services which may be adjusted as the Project proceeds, and shall include allowances lbr periods of time
required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design
Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2
through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical
engineering services and any other engineenng services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE (See ExhibitA for fu~erCla~cafion)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owner's needs and to establish the requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and
construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall
prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the
scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current
area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period of time from the commencement to the completion of construction.
23 DESIGN DEVELOPMENT PHASE (N/A)
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, sche-
dule or construction budget, the Design Professional shall p~pare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all
applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design
Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE (See~xhiblt ~ fo~ further Definition and Clarification)
2A.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project
or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
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2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information,
bidding or procurement lbrms, the Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost
indicated by changes in requirements or general market conditions.
2.4.4 Tbe Design Professional shall assist the Owner in connection with the Owner's responsibility lbr filing documents required
lbr the approval of governmental authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT (N/A)
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary
detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract tbr the Project through any
procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process.
Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole
discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the
approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to
reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total
construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT (N/A)
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate
for Payment, un less extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For
design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Con-
tract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the
administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central
Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted,
modified or extended without written agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction,
and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Con-
struction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the
Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is
in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being
performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design
Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the
Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care
and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the
Agreement. The Design Professional shall promptly correct any defective designs or specifications fumished by the Design
Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design
Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design
Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The
Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may othemmse be provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the
Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the ~vork and evaluations of the Contractor's Applications for
Payment, the Design Professional shall review and certify the amounts due the Contractor.
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2.6.10 The Design Professional's certification tbr payment shall constitute a representation lo the Owner, based on the Design
Professional's observations at the site as provided in Subsection 2.6.5 and on the dam comprising the Contractor's Application
for Payment, that the xvork has progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The lbregoing representations are subject to minor deviations from the Contract Documents correctable
prior to corr~letion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for
Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction
means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum
2.6.11 '[he Design Professional shall have the responsibility and authOrity to reject work which does not conlbrm to the Contract
Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the
Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in
accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Design Professional nor a dec/sion made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor. Subcontractors, material and
equipment suppliers, their agents or employees or other persons performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as
Shop I)rawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes,
ordinances and codes; and (2) determining whether or not the work, when completed, xvill be in compliance with the
requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay
in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design
Professional's professional judgment to perrmt adequate review. Review of such submittals is not conducted lbr the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities or lbr substantiating instructions
for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods,
techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification of performance characteristics of materials, systems
or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, xvith supporting
documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the
Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not
involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of
the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial
Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion.
The Design Professional will receive and review written guarantees and related documents required by the Contract for
Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner
and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The
Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed
upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial
decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be
liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement
and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract
Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance xvith the Degree of Care; (2) will
reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by
acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the
Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reproducible prints showing all
significant changes to the Construction Documents during the Construction Phase. The reproducible pnnts will be based on
information provided to the Design Professional by others.
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ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or
Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic
Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the
Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the
Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional
services until il receives written approval from the Owner to proceed. If the Oxvner indicates in writing that all or part of such
Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services.
Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not
required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall
provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional
shall be compensated therefore as agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
documerlts, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality,
complexity, or the Owner's schedule, except for services required under Subsection 2.5.2.
3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec-
tion with Change Orders and Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing
services required in connection with the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the
Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with
the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design
Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents
Phase.
33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
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3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or
others having jurisdiction over the Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereol~
3.4.6 Providing services to verify the accuracy of drawings or other information fumished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination
of services required in connection with construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Pmvidinganalyses ofoperatingand maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing thcilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation
of furniture, furnishings and related equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment
and expiration of the Wananty period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant
changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to
the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all
services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the
Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's
objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility,
expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to
fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner
or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design
Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations
for the site of the Project, and a written legal description of the site. The surveys and legal inforrrmion shall include, as ap-
plicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and
necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility
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services and lines, both public and private, above and below grade, including inverts and depths. Alt the intbrmation on the
survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the
Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the
Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services
or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and xvater pollution
tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the
Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to verify the Contractor's Applications for Pa>znent or to ascertain
how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the
Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence
of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect
in the Project or nonconlbrmance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or
Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to
execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the
Agreement
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or
specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at cun-ent market rates of labor and materials fumished by the Owner and
equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the
Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at
the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the
costs of the land, rights--of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST (N/A)
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construc-
tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or
market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals
will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or
establishment ora Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If
such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction
Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner
and the date on which proposals are sought.
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ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 ]'he Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of
the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement.
The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to
this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes
than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that
project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with
the Project is not to be construed as publication in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail
substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may
terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design
Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's
receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it
satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field
surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be
promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design
Professional for continuation of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated
for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's
compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design
Professional's services.
7.3 The Agreement may be terminated by the Ovmer upon not less than seven days written notice to the Design Professional in
the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive
days, the Design Professional or the Owner may terminate the Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the
Agreement shall be considered substantial nonperformance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services
properly and satisfactorily performed, the Design Professional may, upou seven days written notice to the Owner, suspend
performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for
services properly and satisfactorily performed prior to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred
by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the
following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel;
long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage
and handling of Drawings, Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and draRing equipment time when used in connection with the Project.
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8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional, compensation for any services rendered during the additional period of time shall be computed in the
manner set forth in Section 2 of the Agreement.
8.33 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or othe~mse
not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (I) the lo,vest bona fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
work other than those for which the Design Professional is responsible.
8,6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or
Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business
hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final,
whichever date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees
from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court
costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, shareholders, agents, or employees in the execution, operation, or performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing
herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by
anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 10 INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance
with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
10. I Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 for each accident, and with property damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall fumish insurance certificates or insurance policies to the Owner evidencing insurance
in compliance with this Article l0 at the time of the execution of the Agreement. The General Liability and Automobile
Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain
a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be
canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the
Page 11
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Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute
certificates of insurance meeting the requirements of this Article lO.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.t The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the
Agreement shall lie exclusively in Denton County, Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal represen-
tatives to the other party to this Agreement and to the panners, successors, assigns and legal representatives of such other party
w/th respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without
the written consent of the Owner.
I 1.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other
attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the
Owner and Design Prol~ssional and supersedes all prior negotiations, representations or agreements, either xwitten or oral. The
Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the
Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given
priority in the tbllowing order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
These General Provisions
! 1.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party
against either the Owner or Design Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of
the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and
professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information
if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and
in the promotional materials for the Project.
11.6 Approval by the Oxvner shall not constitute, nor be deemed a release of the responsibility and liability of the Design
Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of
their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for
any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and
consultants.
I 1.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or
mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on
the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed
effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or
unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to
be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hereinafter be amended.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on
the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
! 1.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive
terms or conditions of the Agreement.
Page 12
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ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
BASIC SERVICES
PROJECT DESCRIPTION
The scope of Basic Services for this project generally includes preparation of detailed plans for
improvements to an existing concrete lined portion of Tributary PEC-4 (from Bell Avenue to the
branch of Tributary PEC-4 just west of Bell Avenue), and to a branch of Tributary PEC-4, (from
PEC-4 (between Bell Ave. and Wainwright) to Locust Street, just south of Maple Street (shown
on Attachment 'D' as Section 1). Basic Services also includes preparation of Schematic Plans
for Section 1 and for the section of Tributary PEC-4 from the branch of Tributary PEC-4 through
Wainwright (shown on Attachment 'D' as Section 2).
This project is necessary due to the Myrtle/Eagle Drive drainage project that is currently in
design, and is expected to soon be under construction. Existing drainage facilities within the
project area as described in the preceding paragraph are not adequate to handle flows that will
be discharged from the proposed Myrtle/Eagle Drive improvements. In addition, the flowline of
the proposed upstream improvements will be lowered to accommodate other existing facilities,
making the channel improvements proposed herein necessary to enable the upstream
improvements to function.
GENERAL
A. Basis for Scope of Services
The following assumptions were used by the ENGINEER for the preparation of the scope of
services for this project:
The project limits include areas that may be considered jurisdictional waters as
defined in the Clean Water Act, and may require Section 404 permitting through
the Corps of Engineers. A brief letter report will be prepared to document our
belief that a permit will not be required. No actual permitting effort is a part of the
Basic Services of this Agreement. Corps of Engineers 404 permitting, if required,
will be conducted on an hourly basis as part of Special Services.
The project will be designed and constructed in accordance with the City of
Denton Standard Specifications and the Drainage Design Criteria Manual,
February 2002.
Right-of-way acquisition has already been completed, and the City of Denton has
provided descriptions of the property acquired. No right-of-way analysis or
acquisition is anticipated as part of Basic Services. It is assumed that the right-
of-way and easements available are adequate to meet project objectives.
All field surveying will be conducted by the City of Denton and will be provided to
the ENGINEER in AutoCAD format. The field surveys will supplement aerial
photogrammetric mapping to be provided by the City.
Exhibit A - Page
Tributary PEC-4 is a studied stream with a designated floodway. Improvements
to PEC-4 will require a LOMR, but no Conditional Letter of Map Revision
(CLOMR) is anticipated because there should not be any increases in Base
Flood Elevations. Preparation of the LOMR submittal package will be by the City
staff, using HEC-2 models and the schematic exhibits prepared and sealed by
the ENGINEER. City of Denton staff will use the models and exhibits provided,
and will complete all necessary FEMA forms, prepare and seal the report, and
submit to FEMA. The ENGINEER will have no involvement in preparation of the
LOMR.
The branch of Tributary PEC-4 is not a studied stream, and as a result, will not
require a LOMR. However, modeling will be conducted, and a report with
exhibits will be prepared to delineate the 100-year floodplain both for pre-project
and post-project conditions.
The proposed improvements to the branch of Tributary PEC-4 will provide an
outfall for the double barrel 10'x5' box culvert designed by Carter-Burgess, Inc.,
to convey flow from the box culvert to Tributary PEC-4. It is expected that the
proposed channel will be a concrete lined trapezoidal channel. If right-of-way
constraints or other issues make it necessary to design a channel with vertical
retaining walls rather than a trapezoidal section, a fee adjustment will be
necessary to accommodate such a change in scope.
Construction plans will be prepared for construction by City of Denton crews. As
a result, no bid documents will be prepared.
Because the project will be constructed by City of Denton forces, traffic control
plans will not be prepared as a part of this project. General notes and technical
specifications will be limited to those necessary for City of Denton forces to
construct the proposed improvements.
10.
Section 2 of the project will include removal of the culvert at the intersection of
Wainwright and Highland Street, and permanent closure of Wainwright at that
location. However, this section will not be a part of the construction plans.
11.
No utility relocation plans will be prepared by the ENGINEER as a part of Basic
Services. It is expected that a 12" water line will require relocation, and it is
possible that a portion of an existing 20" water line will require relocation.
12. No construction services are included as part of this Agreement.
Design Meetings
The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the preliminary and final plan phases of the project.
Data Collection
Exhibit A - Page 2
The ENGINEER will collect, compile and evaluate existing data collected from
the City of Denton or other entities that provide available existing information
related to the design of the project.
A location map/schematic plan will be provided to the affected utility companies
by the ENGINEER. These schematics will be used by the utility companies to
show approximate locations of their facilities that are or may be affected by the
project.
The ENGINEER will make every effort to obtain as-built, record and/or future
plans for the following facilities in the project area including:
ao
Culverts
Roadway
Water Lines
Sanitary Sewer Lines
Storm Drain Lines
Telephone and Cable TV Underground and/or Overhead Lines
Electric Underground and/or Overhead Lines
Gas Lines
Other Utilities Known to Serve the Project Area
The ENGINEER will compile the preliminary information obtained above for later
use in the field to help surveyors tie existing utility locations. The locations of
utilities tied from field surveys will be shown on the paving and drainage plans, as
appropriate.
The ENGINEER will identify potential utility conflicts and provide this information
to utility companies.
SCHEMATIC PHASE
A. Design Concept Conference
The ENGINEER will arrange a design concept conference with the CITY to
establish design guidelines, design frequencies, and other criteria to be used on
the project.
B. Hydraulic Analysis
The ENGINEER will make use of data previously developed for the Pecan Creek
Master Drainage Plan to determine 100-year flows based on ultimate watershed
conditions, along with hydraulic data developed by Carter-Burgess for the
upstream drainage improvements. This will be the project design storm.
Limits of the analysis in the schematic phase will include Sections 1 and 2 as
described above.
Existing models of Tributary PEC-4 developed in the City of Denton Drainage
Master Plan will be used for analysis of PEC-4. These will be modified based on
Exhibit A - Page
the field design survey. A new model will be developed for the branch of
Tributary PEC-4 from the field design survey.
o
The ENGINEER will develop a map depicting the impact of the proposed project
on the floodplain delineation and base flood elevations.
C. Schematic Plans
The ENGINEER will prepare schematic plans for Sections 1 and 2, depicting the
proposed channel and culvert improvements. These schematic plans will be
based on preliminary hydraulic modeling and design. The schematic plans will
depict:
a. Plan view of the preliminary alignment of the proposed improvements
b. Typical sections reflecting the proposed channel geometry
c. An Opinion of Probable Construction Cost
d. Preliminary floodplain mapping based on the schematic plans and the
hydraulic analysis.
FINAL DESIGN PHASE
Bo
Channel and Culvert Design
The ENGINEER will develop a design of the proposed channel and culvert
improvements for Section I only. This design will include the proposed horizontal
and vertical alignments. These plan sheets will be at a 1"=20' scale and will
contain topographic information, existing and proposed right-of-way and property
lines, existing underground utilities at locations of conflict, existing fences,
locations of driveways and other surface features, baselines, and other pertinent
existing features. Existing features shown will be from the survey provided to the
ENGINEER by the City of Denton. The plans will also show proposed channel
and culvert improvements, contours where necessary, limits of structures, limits
of retaining walls, if any, drainage structures including pipes, limits of barriers and
any other information necessary for channel construction. Profiles at 1'=20'
horizontal scale and 1"- 4' vertical scale will contain existing ground lines at the
proposed profile grade line, limits of structures and profile elevations at 100 foot
intervals.
The ENGINEER will prepare cross-sections along the channel at 50-foot
intervals. These cross-sections will depict the proposed improvements, and will
form the basis for the determination of earthwork quantities. Cut and fill
quantities will be computed and tabulated, referencing cross-sections.
Other Channel Design Elements
1. A project title sheet will be prepared as required and included in the plans.
Project layout sheets will be prepared at a uniform scale that clearly indicates the
limits of the entire project and the main construction elements of the project.
Channel horizontal and vertical control and horizontal curve data will be shown
on the plans.
Exhibit A - Page 4
Details will be developed as necessary, including channel and culvert details,
drainage, utility, and miscellaneous details to describe the various types of
construction when the CITY has no pertinent standard details available.
Stormwater Pollution Prevention Plans (SWPPP) will be prepared for the project.
SWPPP plans will describe the implementation of practices to be used to reduce
the pollutants to storm water discharges associated with the construction site.
Standard City of Denton and NCTCOG details for erosion control will be used as
appropriate.
C. Submit Preliminary Plans (70%) for Review
Submit two (2) sets of preliminary plans for CITY review, along with an updated
estimate of construction cost.
o
Project quantities will be calculated and tabulated based upon the preliminary
design for inclusion use by CITY staff.
3. The ENGINEER will submit plans to utility companies for review.
Meet with the CITY to review and discuss the results of the preliminary plan
review, as necessary.
D. Prepare Final Design Plans
Incorporate CITY review comments and directives from the preliminary plan
review in the preparation of final construction plans.
Revise the preliminary quantities per changes in the final design and CITY review
comments.
E. Submit Final Plans and Specifications for CITY review
Submit two (2) sets of final plans and specifications for CITY review and
approval, along with an updated estimate of construction cost.
Submit detailed drawings and plans/specifications to appropriate regulatory
agency (ies) and utility companies and obtain clearance.
Meet with the CITY to review and discuss the results of the final design phase, as
necessary.
Revise the plans and specifications to incorporate CITY and regulatory agency
and utility company review comments.
RECORD DRAWINGS
Provide mylar drawing set of record drawings for City records, based on marked
up plans provided by the City of Denton after construction is complete.
Exhibit A - Page 5
In the event that construction differs significantly from the approved construction
plans, the ENGINEER reserves the right to negotiate a revised fee for
preparation of the record drawings.
Exhibit A - Page
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
None anticipated.
Exhibit A - Page 7
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. Aerial topographic data in electronic format, compatible with AutoCAD R14 or AutoCAD
2000i.
3. Field survey of existing conditions, showing spot elevations, contours, and physical features
within the limits of the project area.
4. Copies of construction plans and plats for developed property adjacent to the project.
5. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
6. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Schematic Phase
The Schematic Phase will include the hydraulic analysis and preparation of schematic
exhibits. Based on the survey and the hydraulic analysis, the schematic plans will be
submitted within 3 weeks of receipt of the field survey.
Final Design Phase - Preliminary Plans (70%)
Complete within 3 weeks of CITY approval of schematic plans
Final Design Phase - Final Plans (100%)
Complete within 2 weeks of CITY approval of Preliminary Plans
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Exhibit A - Page 8
ATTACHMENT 'B'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in EXHIBIT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
1. Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
SCHEMATIC PHASE $ 5,400
FINAL DESIGN PHASE $ 24,000
RECORD DRAWINGS $ 1,000
Subtotal (Labor) $ 30,400
Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense plus 10% with a not-to-exceed amount of:
$ 200
Total Fee for Basic Services
TOTAL (BASIC SERVICES)
$ 30,600
Exhibit B- Page !
B. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. No Additional Services are
anticipated for this project. The ENGINEER will be reimbursed for Additional Services,
should they be requested, as described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly basis in
accordance with EXHIBIT C, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense. Where appropriate, a not-to-exceed amount will be established
and agreed to for each item of service provided.
Exhibit B- Page 2
ATTACHMENT C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2004 to December 31, 2004*
Engineering / Technical
From To
Principal $110 $200
Project Manager $90 $140
IT Manager $80 $100
Senior Engineer $90 $130
Engineer $70 $100
Graduate Engineer $65 $90
Landscape Architect / Planner $80 $95
Designer $75 $95
Senior Designer $85 $115
CAD Draftsman $30 $55
CAD Technician $50 $75
Senior CAD Technician $65 $85
IT Technician $55 $75
Clerical $40 $65
Resident Project Representative $40 $65
Surveying
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Survey Office Manager
R.P.L.S.
Senior Survey Technician
Junior Survey Technician
2-Person Field Crew w/Equipment
3-Person
4-Person
2-Person
3-Person
1 -Person
2~Person
3-Person
Field Crew w/Equipment
Field Crew w/Equipment
G.P.S. Crew w/Equipment
G.P.S. Crew w/Equipment
Robotic Crew w/Equipment
Robotic Crew w/Equipment
Robotic Crew w/Equipment
Direct Cost Reimbursables
$115
$9O
$65
$5O
$9O
$105
$130
$130
$150
$9O
$110
$125
$120
$110
$8O
$65
Photocopies $0.10/page
$0.20/page
$2.00/page
Plots $1.00/page
$2.00/page
$2.00/page
$4.00/page
$4.00/page
Mileage $0.36/mile
letter and legal size bond paper, B&W
11" x 17" size bond paper, B&W
22" x 34" and larger bond paper or vellum, B&W
11" x 17" size bond paper, B&W
11" x 17" size bond paper, color
22"x34" and larger bond paper or vellum, B&W
22"x34" and larger bond paper or vellum, color
22"x34" and larger mylar or acetate, B&W
All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
* Rates shown are for calendar year 2004 and are subject to change in subsequent years.
Q:\LDD\DEN02317~Docs\02317attC .doc
TEAGUE NALL AND PERKINS
ENGINEERS ~, SURVEYORS
MUNICIPAL CONSULTANTS
SCALE: I"=100'
ATTACHMENT
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
July 27, 2004
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Consider appointments to City's Boards and Commissions.
BACKGROUND
The attached nominations for boards and commissions were discussed at the July 20, 2004 City
Council meeting. Council will be voting on approval of these nominations at this meeting.
If you require any further information, please let me know.
Respectfully submitted:
Jane Richardson
Asst. City Secretary
BOARD AND COMMISSION NOMINATIONS
Board Council Member Nomination
Airport Advisory Board McNeill _lohn Vann
Montgomery
Community Development Advisory Cmte All
Construction Advisory and Appeals Board Kamp Larry Calvert
Human Services Advisory Committee Kamp Mary Tisher
McNeill _lan Hillman
All
Library Board Thomson Judy Deek
Brock
Traffic Safety Commission Kamp Tracy Beck
All Michael Kozak
All
July 23, 2004
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
July 27, 2004
Engineering
Jon Fortune, Assistant City Manager
SUBJECT: V04-0001
Consider approval of an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances
concerning Drainage Standards. The 9.071 acre parcel is located on the north side of Wind River Lane
just east of the Wind River Subdivision. A multi-screen movie theatre is proposed. The Planning and
Zoning Commission recommends denial of the variance (4-2) (Johnson & Watkins opposed)
BACKGROUND
Council has recently passed a Drainage Pro Rata ordinance in response to this and similar situations.
A Pro Rata agreement addressing this situation for the applicant is on this agenda and if approved,
negates the need for this variance.
Melissa Lindlow with Hughes & Luce, LLP (represeming Mr. Bob Shelton) has applied for an
exaction variance of Section 35.19.4(A)(5) (concerning drainage standards) of the Code of Ordinances
regarding relief from the costs associated with installing drainage improvements large enough to take
into account development of upstream properties. The subject section of the ordinance requires
construction of drainage improvements through the property large enough to carry a 100-year storm
based on developed upstream conditions. The applicants propose to construct drainage improvements
large enough for a 100-year storm, however only for the existing undeveloped upstream conditions.
The applicam has based the reason for the variance request on the cost for the subject improvements in
proportion to the size and type of development contemplated by the client. A copy of the applicant's
letter is attached.
It should be noted that the subject property is adjacem to Unicorn Lake, a regional detemion pond. The
City of DeNon participated financially in the pond and upsizing the storm drainage under Wind River
Lane due to the fact that the lake provides detention for properties other than the Unicorn Lake
Development.
The City Council may approve an exaction variance if the following criterion is met:
b)
Criteria for variances from development exactions. Where the commission finds that the
imposition of any development exaction pursuant to these regulations exceeds any reasonable
benefit to the property owner or is so excessive as to constitute confiscation of the tract to be
platted, it may recommend approval of variances to waive such exaction's, so as to prevent
such excess, to the City Council. Waiver of developmemal exactions shall be approved by the
City Council.
The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a
factor in determining reasonable costs. The City Council must decide if the costs associated with the
public improvemems required by city regulations are reasonable and consistem for the type of
developmem proposed and are proportional to the demand for services created by the developmem.
Page 1
The cost of upsizing the proposed drainage system through the Cinemark site to carry a fully
developed storm is covered in the 380 agreement for Unicorn Lake Development approved by the City
Council on March 23rd, 2004. However the applicants would rather have the City exact the cost of the
upsized drainage through the Cinemark site from the upstream property owner when the upstream
owners develop their property and in mm reimburse the developers of the Cinemark site. The City had
no ordinance authority to do this until June 15th when the Drainage Pro-rata ordinance was approved.
Granting the subject variance does not accomplish what the applicants wish.
OPTIONS 1. Approve variance
2. Approve variance with conditions
3. Deny variance
RECOMMENDATION
Staff recommended approval of the variance to the Planning & Zoning commission. The Planning &
Zoning Commission voted 4-2 to recommend denial of the variance, on March 23rd, 2004. (Minutes are
attached.) It should be noted that if this variance were granted, and the Cinemark developer installs the
smaller storm drainage system the upstream developer would be required to install larger/additional
storm sewer through the Cinemark site when the upstream property develops in the future unless they
work out a financial arrangement now with the developer of Cinemark to install the larger drainage
system. Detention will not be an option for the upstream developer as the existing lake has already
been designed to detain excess drainage from all upstream properties. Placing a detention pond on the
upstream property could cause the existing lake to mai-function.
PRIOR ACTION/REVIEW
The Planning & Zoning Commission voted 4-2 to recommend denial of the variance on March 24th,
2004. (Johnson & Watkins opposed)
The cost of upsizing the drainage system through the Cinemark site is covered in the 380 agreement
approved by the City Council on March 23rd, 2004.
The City council approved the Drainage Pro-rata ordinance on June 15th, 2004.
FISCAL INFORMATION
The cost of providing the "ultimate development" storm sewer as opposed to the "existing conditions"
storm sewer as proposed by the developer has been approximated at $180,000 by the developer of the
property. That cost will be reimbursed to the developer through the approved 380 agreement. The City
of Denton has previously contributed approximately $50,000 toward design/construction of the lake as
well as approximately $170,000 for construction of Wind River Lane (a portion of the latter was used
to increase the size of the storm sewer).
The drainage pro-rata ordinance provides opportunity for reimbursement based on the cost difference
between a system sized for fully developed upstream conditions and a system sized for current
upstream conditions based on actual bids for each type of system. That documentation has not been
provided at this time.
ATTACHMENTS
1. Site location map
2. Plat
Page 2
3. P & Z minutes
4. Court Reporter Transcripts
5. Applicants letter
Prepared By:
David Salmon, City Engineer
Engineering
Respectfully submitted:
Charles Fiedler
Director, Engineering
Page 3
I I I
I I I
?
NORTH
City of Denton Planning and Zoning Minutes
March 24, 2004
The Planning and Zoning Commission convened a Regular Meeting on Wednesday, March 24,
2004 at 6:30 pm in the City Council Chambers at City Hall, 215 E. McKinney.
PRESENT: Commissioner Roy, Commissioner Strange, Commissioner Watkins, Commissioner
Holt, Commissioner Johnson, and Commissioner Powell.
ABSENT: Commissioner Mulroy
3. INDIVIDUAL CONSIDERATION: Consider making a recommendation to City Council on
the following items:
mo
Cinemark at Unicorn Lake. Consider making a recommendation to the City Council
regarding an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances
concerning Drainage Standards. The 9.17-acre site was located on the north side of
Wind River Lane approximately 600 feet west of Interstate 35 East frontage road. The
property was in a Regional Center Commercial Downtown (RCC-D) zoning district. A
multi-screen movie theater was proposed. (V04-0001, Cinemark at Unicom Lake,
David Salmon).
Commissioner Roy moved, Strange seconded to deny the exaction variance.
*Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes
(Page 3-19).
Motion carried 4-2. The roll vote was as follows: Commissioner Roy - aye, Commissioner Holt -
aye, Commissioner Strange - aye, Commissioner Powell - aye, Commissioner Johnson - nay,
Commissioner Watkins - nay, Commissioner Mulroy - absent.
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PROCEEDINGS
COMMISSIONER POWELL: It being 6:30 on the
24th of March, the meeting of the Planning and Zoning
Colmnlssion for the City of Denton will come to order. If
you would stand with me to salute the flags.
(Thereupon, the Pledges of Allegiance were
recited.)
COMMISSIONER POWELL: A couple of
announcements before we get started. Tile Chainuan is not
here tonight, so you're stuck with me to be Chair. Four
-- excuse me. Item 2C from the Consent Ageuda has been
pulled.
Item 3A has been pulled and Item 4B has
been pulled. So if you're hem for 4B, 3A or the Consent
Agenda Itmn 3C, they have been pulled and will not be
acted on tonight.
MS. CARPENTER: 4B will be m-advertised.
COMMISSIONER POWELL: 4B will be
re-advertised later for another meeting. The next item, I
guess, is No. 2, Consent Agenda. Mr. Johnson.
COMMISSIONER JOHNSON: J'list a point of
clarification. Did you say 4 Charlie or Delta had been
pulled?
COMMISSIONER POWELL: I said 4B as in
Boston, sir.
Page 2
COMMISSIONER JOHNSON: NO. DC or D, 2
Charlie or Delta?
COMMISSIONER POWELL: 2 charlie.
COMMISSIONER JOHNSON: Okay. Then I'll
move approval of the Consent Agenda except for the item
pulled
COMMISSIONER POWELL: We have a motion and
a second. Is them any discussion? Please, vote. The
item passes 6-0.
COMMISSIONER ROY: May I ask a question
about this 4B?
COMMISSIONER POWELL: Yes. I was just
infon:aed about that. And I'll let --
COMMISSIONER ROY: Can somebody explain the
reason for this being pulled?
COMMISSIONER POWELL: I'll let staff get
into that.
COMMISSIONER ROY: Thank you.
MS. CARPENTER: Mr. Chairman, members of
the Planning and Zoning Co~mnission. The staff has
determined that the advertisement for the rezoning was
incorrect. The zoning is misstated in the ad.
COMMISSIONER ROY: Oh, okay.
COMMISSIONER POWELL: We would then next gc
to 3A, but that's been putted, so we'll go to 3B, Cinemark
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and Unicom Lake. Consider making a recommendation to the
City Council regarding an exaction variance of the Code of
Ordinances concerning drainage standards. Mr. Salmon,
pleam.
MR. SALMON: oood evening. As stated, this
evening, we do have an exaction variance of the Code of
Ordinances concerning our drainage ordinance. The
property that we're considering this evening is in the
Unicorn Lake Development. In the Unicom Lake
Development, the specific property is a proposed lot on
the north side of Windriver Lane and a multi-semen
theater is proposed on the particular lot.
The standard in question is with regard to
the sizing of drainage facilities through the site. We're
looking at the proposed -- the area that says proposed
Cinemark.
COMMISSIONER POWELL: Mr. Sahnon, I think
you're not close enough to that microphone.
MR. SALMON: okay. On the overhead now I
have a copy of their final plat. Along the east area of
this lot is a proposed drainage easement. The drainage
patterns in this area flow from north to south. And all
of the drainage in this area does flow into Unicorn Lake,
which is a regional detention pond.
The issue at question is the Denton
Page 4
Development Code requires that when a developer builds a
development that the drainage flint is installed is sized
so that it's large enough to handle what we call a
100-year storm. And in addition to that, it has to be thc
100-year stom~ based on fully developed conditions.
The applicants have applied for
variance indicating in their letter which is in your
backup that they believe that paying for a stom~ sewer
system that's sized for a developed upstream condition is
not proportional to their development and is not a --
might be considered a taking because they're providing for
drainage that the upstream drainage owner -- or drainage
- file upstream property owner should be providing for.
So if this variance is granted tile
applicants would be allowed to install a 100-year drainage
system, however, they could size it based on tile drainage
coming off of the undeveloped lot as opposed to the
developed lot.
It might -- a conple of interesting points
about this particular variance, what is being proposed is
an enclosed box culvca't drainage system which is -- if I
remember correctly, part of it is going to be a seven foot
by four foot box and part of it is going to be a seven
foot by five foot box if it's sized for upstream
development. And that is a relatively expensive drainage
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system. One of the interesting points of this is that our
Development Code would actually allow the applicants to do
an open channel in this case, which would be considerably
less expensive than a closed box, but they've chosen to do
the closed box so that they can build their parking over
the top and have more room for parking.
So there's a lot of expense involved in
this particular variance, although, some of the expense
that's being considered this evening is an expense that
the applicants have chosen based on the need to have more
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applicants that if they do get the variance, understanding
that this would ultimately have to go to city council.
But if they do get the variance and if they choose to
build the smaller system, there's a very good possibility
-- well, actually ahnost a certain possibility that the
upstream property owner will have to disrupt the Cinemark
parking lot to upsize tbe drainage at a later date. And
so that's a decision that they will need to make if they
do obtain this variance.
COMMISSIONER POWELL: Thank you, sir.
space for parking. They could do an open channel which
would be a lot less expensive.
At any rate, there is a legal question with
regards to whether or not a City can require a downstream
property owner to provide for the developed upstream
conditions and we are reconunending approval of this
variance.
What that means is that if this variance is
granwxt, as I stated earlier, the applicants would be able
to build a smaller drainage sys~n. What that means
further down the liue, is that when the person upstream
develops, they will have to come into this drainage
easement and either remove the system that has b~en
installed or at a minimmn go into that drainage easement
and modify that drainage system to make it larger at that
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Legal is next.
MS. PALUMBO: Yes. I have prepared a legal
opinion which would allow you to go into closed session if
you want to discuss anything more in detail. But just to
put some cmmnents on the record that whether or not this
needs to be granted because of the legal issue is not
really before you in tbe paperwork because the applicant
does have the ability to put in the open channel.
So what you need to do is just focus on the
request that the applicant has put before you, what his
options and alternatives are in making your determination
using file criteria that's before you. If you want to go
into more of a discussion on whether or not there may be a
legal issue, then we -- I reconunend that we go into a
closed session.
Page 6
time which ~neans -- well, obviously, some disruption to
the parking lot at the Cinemark Theater. And so if this
variance is granted, that's something that the applicants
are going to have to understand is a possibility if they
choose to build the smaller drainage systmn.
As I stated previously, staff is
reco~mnending this variance. I'll be glad to answer any
questions you might have.
COMMISSIONER POWELL: ! don't sm anything
up on the que, but I've got one. I've got one. I'm a
little confused. Staff is recoxmnending it, but we
recognize it might not be big enough. And then if it's
not big enough, it could cause major problems later. Why
is staff -- I guess, I'm asking then why is it -- is it
because of tile legal issue?
MR. SALMON: It iS OUr understanding that
there is a legitimate legal question with regards to our
ordinance requiring a fully developed storm sewer. And
that requiring the developer to provide drainage for the
upsU'eam property owner at no cost to file upsu, eam
property owner is an issue.
I'm sum flint Ms. Palmnbo might be able to
expand on that but thafs my understanding. Based on that
understanding, staff has decided to recommend this
variance, but we've made it perfectly clear to the
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COMMISSIONER ?OWELL; ^nybody here looking
to go into closed session? Mr. Roy, you were next on tile
cue and you've disappeared.
COMMiSSiONER ROY: ['Ill going to wait.
COMMISSIONER POWELL: Thank you, sir. I
would guess we're here -- ready to hear from the
applicant. Mr. Ike Shupe, would you give us your name and
address, sir.
MR. SHUPE: YC,g, sir. My name is Ike
Shupe. Excuse me. I've got a little bit of an asthma
going on tonight. Ike Shupe, Hughes and Lute, 1717 Main,
Suite 2800, Dallas. I represent Bob Shelton Enterprises,
Bob Shelton. How much time do I have?
COMMISSIONER POWELL: I don't know how much
thne the applicant has. Does anybody know?
MR. SHUPE: Am I on a three-minute clock?
COMMISSIONER POWELL: NO.
MR. SHUeE: Thanks legal. I want you to
pretend for a minute that you owned a yellow property.
We're going to reverse rolls. I'm going to be the City.
You owned a yellow property. And you've got a user for
the yellow property and you come to me and you say, Mr.
City, I am willing to develop my yellow property in
accordance with all of your rules. And I say, that's
good. 100-year storms, et cetera, as David was saying.
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CondcnscltTM
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But do you sec the owner of the pink property upgrade you
and in tho watershed. Now, I know he's your competitor,
but what I want you to do is I want you to design the
drainage not just so you can develop your yellow property,
but I want you to design the drainage so that it will
accept all of the water coming froln your upgradient
competitor in a fully developed condition.
Now, David and Dottie, we can all argue
over the legalities, but independent of that, what do you
Page 1 I
MR. SHIJPE: okay. I am saying that this
recommendation for an approval of a variance is empty.
And I am asking you to direct the shaft -- I'm willing to
pay for the upsizing. There's got to be an ordinance
agreernent contract reservation of capacity solution to
this.
COMMISSIONER POWELL: Mr. Shupe, I'm sum
you're aware that it's way beyond our situation here. We
don't write ordinances. We don't make ordinances. That's
think you would say if you were the yellow property owner
particularly if I then say to you not only do you have to
front the dollars somewhere by thc time it gets dowu to
the regional detention, 100,000 -- $183,000.00, that's a
big number, I say to you, you know, you got no way to get
it back. I know it's unfair and we've met with the City
staff and everybody thinks, well, I'm real sorry that it's
that way. But you property owner are going to have to pay
it. I, the City mn not going to reimburse you and I have
no mechanism by which your upstream competitor will have
to pay you when he gees to develop so he gets $183,000.00
free ride.
Now, David has got a nice staff
reco,mucndation which is absolutely empty in that he says,
yeah, we'll approve this variance, but now you understand
Ike, that when that guy comes in upstream in the pink
Page 10
property, I'm going to require him to come down tkrough
tho'c, rip up your Cinmnark parking lot and maybe he docs
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a City Council prerogative. So if this gets before
Council, I'm sure that might be a good argumcnt, but not
here.
MR. SHUPE: [ have nothing else to say.
COMMISSIONER POWELL: Thank you very much.
Anyone else speaking on this? I'm not aware of any. Are
there any -- give us your name and address, sir.
M~. S~-mUTON: ~ob Shelron, 3300 Sundown
Boulevard, Denton, Texas. I'm the owner of the property
in question. We have been working with staff quite a
while on this. And, you know, they -- on their behalf --
they've tried to come up with some solutions. They just
don't have a solution on the books to accmmnodate us. We
do think it's very unfair to have to actually desigu and
put in a storm drainage system to acco~mnodate upstream
develop flows.
Page I2
We've aIways had to design and to build to
undeveloped flows. Now, they're asking to actually design
or he does not have to restore it because it's one of
those public easement things.
Well, that is a worthless recommendation.
We've tried to come up with a solution in that I am
willing to front the dollars. I don't like to front the
dollars. I am willing to front them if I can get them
back. And I am told that, well, you know, lke, we just
don't have a way for you to do that. And I said, wei1,
you know, is there a way for me to dedicate and reserve
the capacity so that tho guy's got to conic before he
develops and he's got to pay me for what I spent to
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and build to developed flows. But we would like to be
able to move this on to Council and sm if we couldn't get
a resolution of Council on it. I think there is seine ways
that we can resolve the issue. However -- and we
recognize that the only thing you can do is recommend.
But we do want to get a voice heard and explain our
situation.
COMMISSIONER POWELL: YOU know you have the
option of taking this back. You don't have to do it
tonight. Just throwing that out at you. You can withdraw
the, you know, the variance.
accoimnodate his fully developed conditions. Or can we do
a development agreement or can you come up with some way
-- you know, Dottie's got a lot of experience, come up
with an ordinance. I'm willing to go put it in and to
oversize it so that I don't have to face the risk of
ripping up the Cinemark parking lot, Mr. Powell, when the
pink guy goes to develop.
But I want the staff and I want the City to
come up with a way to give me my money back --
COMMISSIONER POWELL: Mr. Shupe, you're
getting off topic here a little bit. Help us out. Keep
on the straight and narrow here.
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MR. SHELTON: Yes, sir. We're"
COMMISSIONER POWELL: I'm not asking you to
do that, I'm just making sure you understand that.
MR. SHELTON: Yes, sir. And we'd kind of
like to be able to move forward if we could with it.
We're under some time constraints, us trying to get
shorted and we'd like to move forward and sec where we're
at with it.
COMMISSIONER POWELL: Thank you. Colmnents?
Discussion from the Cotmnission? Mr. Roy and then Ms.
Holt.
COMMISSIONER ROY: I understand the
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argmnent, and sympathize to a degree and a great degree,
but that is the Code requirement and it is not up to us to
change the Code requirements. And it is consisteut with
what we've had other people do. I mean, just a couple of
weeks ago we had someone in here talking about a warehouse
location having to be changed because of these
requirements. Whether the requirement is right or wrong,
Page t5
is going to have to come through and upsize it. We do not
have a mechanism in our current ordinance to require tile
upstream developer to pay the downstream developer for
upsizing right now.
COMMISSIONER JOHNSON: If the proposed
variance were approved and the culvert the size that is
being discussed is built, until the upstream property is
it's not up to us decide. So I don't see how we can do
anyflfing but to deny this variance request because it
doesn't mc'et our Code.
COMMISSIONER POWELL: MS. Holt.
COMMISSIONER HOLT: Yes. I was going to
ask, do we have other instances where this has happened
where we have required the developer to upsize his
requirement?
COMMISSIONER I~OWELL: Mr. SaLmon is going
to speak to that issue, I believe.
MR. SALMON: Yes. I mean, we consistently
-- people do this. I mean, this is our standard
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developed, there is no issue, right?
MR, SALMON: correct. Assmning that tho
variance is granted that they choose to build the large
drainage systmn anyway or -- well, regardless of what --
if they choose to build the small one, there's not an
issue. The issue comes into play when that person
upstream comes in with a proposed development. And at
that point --
COMMISSIONER JOHNSON: SO at that point
then conceivably what would happen is the upstream guy may
not be able to develop because he wouldn't be able to
satisfy the drainage requirements, right?
requirement and has been even in our old Development Code.
So for at least -- well, since at least 1990 which was the
previous major update of our drainage code this has been a
requireanent, and people have consistently done it.
COMM~SS~ON~ Uou~r: okay. Thank you.
COMMISSIONER POWELL: Mr. Johnson.
Page 14
COMMISSIONER $OHNSON: And yet, the slaff
is recmmnending that we approve the variance?
MR. SALMON: well, I mcan, yOU know, this
isn't tile venue really to speak about, you know, legal
issues, but it is our understanding that there could
possibly be a legal question here and so based on that, we
have reconunended the variance. And that's really about
all I can say at this point.
And, you know, staff obviously is looking
at this issue, and as a matter of fact, we've had a nmnber
of internal meetings and lneetings with some externat
consultants regarding this particular issue and we are
researching the issue to figure out whether or not we want
to or if we do want to how we want to amend our ordinance.
COMMISSIONER JOHNSON: ^nd you're satisfied
there are no other alternatives other than a much larger
conduit than what they're proposing to build, right?
Ma. S^tMO~q: well, in this particular case,
and I know the figure of $183,000.00 was thrown out.
I mean, obviously, I know that the applicants don't want
to do this, but they could build an open channel and still
meet our requirements at a much lesser cost than what they
are proposing. The other option is that they, you know,
go ahead and build the smaller drainage and simply
understand thai at some point in time that person upstream
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MR. SALMON: well, I mean, it might be --
he would be able to -- I mean, there's -- we would be able
to figure out a way for him to satisfy the drainage
requirements. Unfortunately, probably the easiest thing
for him to do would not be very palatable for the
Cinemark.
Page 16
COMMISSIONER JOHNSON: But then that would
be an issue between those two individuals because you
really wouldn't be able to develop the upstream property
until you satisfied the drainage issues, right?
MR. SALMON: Correct. I mean, the upstream
property owner would not be able to develop his property
until he and his engineers came up with a workable
solution to provide for the drainage. I can tell you in
this case that providing a detention pond on the upstream
property is not an option. The detention for the upstream
property has already been provided in Unicorn Lake. The
City participated in the cost of that lake as well as
participated in the cost of Windriver Boulevard.
Part of that money went toward upsizing the
storm sewers under Windriver Boulevard. And so allowing
the upstream developer to do detention would not only
negate the tens of thousands of dollars that the City has
already put into this project, but it would make file
dowlastream detention pond possibly not function properly.
COMMISSIONER JOHNSON: And that's the other
issue. The conduit that's on the downstream side that
goes, I guess, goes under Windriver and then all of the
way to Unicorn Lake?
M~. SAt~MON: well, right now there's only
an enclosed conduit under tile road and then thet,e's just
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an open channel for the mute down to the lake.
COMMISSIONER JOHNSON: HOW big is the
conduit under the road?
MR. SALMON: It'S a multiple box culvert.
It's a big box culvert.
COMMISSIONER JOHNSON: SO it's big enough
to handle then?
MR. SALMON: Right.
COMMISSIONER JOHNSON: okay. Thank you.
COMMISSIONER POWELL: Legal,
MS. P^LUM~O: Right. I just want to get
you to focus on the request. Thc applicant is requesting
the variance and to direct your cormnents and questions to
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why it's not -- I think, to me, it's a very pertinent
point. But I, of course, yield to legal.
COMMISSIONER POWELL: Thank you. We have a
motion and a second. Any other discussion? Seeing no
other discussion, I'll call for a vote on the motion. The
motion is to deny; is that correct, Mr, Roy?
COMMISSIONER ROY: Right.
COMMISSIONER POWELL: MS. Holt, try again,
please. Thank you. Motion to deny passes 4 to 2.
(COMMISSIONER JOHNSON AND WATKINS VOT[NO IN
OPPOSITION)
COMMISSIONER POWELL: WO go to Itoh
Gocn-Hudgens addition. Consider granting a physical
that.
COMMISSIONER POWELL: IS there any other
discussion or docs somebody have a motion here?
COMMISSIONER aox': I'd just like to add
that, you know~ we -- from a consistency point of view,
we've been requiring this for every other applicant, and
there's no physical hardship here. And, you know, this is
just a -- seems to be a cost issue. And, again, I don't
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hardship variance of Section 35.20.4(G) of the Code of
Ordinance concerning driveway spacing standards.
Mr. Salmon.
MR. SALMON: AS opposed to the last
variance, this variance is a physical hardship variance,
not an exaction variance. So it is a variance that the
Planning and Zoning Colmnission has the authority to grant
if tile Conmfission feels that the variance meets all five
see how we can approve this so I'm ready to make a motion
if there's no fm~er discussion, I move that we deny this
exaction variance.
COMMISSIONER POWELL: IS tiling: a second to
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of the applicable criteria in our Code.
In this case we're looking at a piece of
property along the 1-35E southbound service road adjacent
to the Coventry Apartments, which is located between Sam
Page 20
COMMISSIONER STRANGE: second.
COMMISSIONER POWELL: we have a request
frown staff to say something hem.
MS. eAR~'EwrER: Mr. Chairman, could I ask
David Sahnon a question? Would that be all right?
COMMISSIONER POWELL: Absolutely.
MS. CARPENTER: with respect to file
questions of cost that have come up here, are you aware
that there's any other agreements between the developer
and the City concerning the cost of that drainage
improvement?
MR. SALMON: YeS. As a matter of fact last
night at the City Council a 380 Economic Development
Agreement was approved and the City will be reimbursing
the developer for the extra cost of the drainage over a
period of time through a sales tax reduction.
MS. PALLIMBO: I just want to mention that
that really isn't before you to consider in whether you
want to grant or approve the variance, that's kind of some
extraneous information, so I wanted you Io focus on the
applicant, his request, the Code and the facts before you.
COMMISSIONER POWELL: Mr. Roy, you were up
there. Do you want to go?
COMMISSIONER ROY: welt, I don't understand
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Bass Road and Teasley Lane, The variance specifically is
regarding our driveway spacing standards.
In short~ the subject property on the
overhead is shaded in gray. A funeral home is being
proposed on tile parcel. The subject parcel was originally
part of a larger tract of land which surrounds it and
currently has apamuents. When the aparm~ent property was
platwat, this issue came up at that time under our old
Code which required a 300~foot driveway spacing on an
aftra'iai which is what we consider our service roads. And
so at the time the owners and developers of the apartments
in platting the aparm~ents built their driveway
inm~ediately to the east of tile property that we're looking
at this evening, and provided a joint use access easement
so that the out parcel would have access to the service
road and lneet the City's Code requirements.
This is a copy of the final -- proposed
final plat for the subject property and you probably don't
-- but you can -- and it's in your backup. You can see
some dashed lines that show the location of the joint use
access easement into the property.
The applicants have based their reasoning
for the variance on the type of use that they're
proposing. Their concern, of course, is with the proposed
property being used as a funeral home. There will be
PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 17 - Page 20
HUGHES LUCE LLP
february 11, 2004
1717 t4ain Street, Suite 28(X)
Dallas, Terns 76201
Z14.939.6600
214.939.6100 (Tax)
214,9~94
Re: Request for an Exaction Variance
Attached i~ an application by Bob Shel~ for an exaction variance for property
at the southwest and northwest co~r of Windriver Lane and Intestate 35E. The
Dentxm Development Code (the "Code") provide~ authority for the City Council to
grant exaction variances. The Code defines an exaction variance a~ "a variance granted
on the basis of a finding that the imposition of the regulation(s) exceeds any reasonable
benefit to the property owner or i~ ~o exce~ive as to constitute ¢onf~:ation of the tract
to be platted.' On behalf of Mr. Shelton, I am writin~ this letter to provide justification
for the granting of the requested variance.
Section 35.19A(A)(5) of the Denton Development Code states:
(A)
Ail development~ shall provide for new drainage facilities, the
improvement of any existing drainage facilities, channel
improvements, grading, driveway adjustmems, culvert
improvements or any other improvement, drainage facility or work
which is necessary to provide for the ~ormwater drainage needs o/
a development, in accordance with the requirements and design
standards of this section, shall be included but not limited to any
drainage facih'tie~, improvement~ or other work which i~ necessary
to:
I-IUGHES LUCE LLP
Kelly Carpmat~r
February 11, 200t
Page 2
(5) provide for the conveyance of off-site storm drainage based
on ultimate developed watershed conditions through the
development.
The quoted provision is based on a City policy that prohibits on-site
detention ponds and requires regional detention. Mr. Shelton is in the process of
platting land adjacent to Unicom Lake, a regional detention pond. The City has
notified Mr. Shelton that he must provide storm drainage facilities to
accommodate the estimated/ully developed flows/rom upstream property to
the north that does not abut Unicom I~ke. This reqtfirement puts a significant
created by Mr. Shel~'s development and constitutes an illegal exaction. The
cost to serve such other owners should be paid by tha dry or by such owners;
otherwise, those owners (who are devdopment competitors) ~ a "/ree ride" at
Although the City o/Denton has a policy against on-site detention ponds,
such a policy does not ~sti/y placing disproportionate ~ burdens on a
single property owner. I/the City is opposed to on-site detenti/m, then the City
should come up with a solution to allocate the cost of regional del~ntion evenly
among the benefited property owners. In the alternative, the City should pay/or
the added in/rastructure costs required to serve the development of Mr. Shelton's
upstream neighbor, and seek reimbursement/rom that neighbor when his/her
land is develol~d.
H Mr. Shelton is forced to comply with this ordinance, ha has two options,
both of which are unreasonable and amount to the confiscation o/his land. He
can provide a larger pipe to carry the off-site flow across his property to a
regional detention pond at significant added expense, or he can construct a
draina~ ditch across the middle c/a planned parking area. Neither of these
options is reasonable when considering that Mr. Shelton is not generating the
~ for these facilities. He happens to be a downstream owner adjacent to
Unicom lake, but this fact should not make him responsible for ins~_ lling the
in/rastructure needed solely to serve hiture upstream development.
HUGHES, LUCE LLP
Februm7
In addition, in refererlce to the extension of water and ~rer main~,
Section 352162(A)(1) of the Denton Development Code statea: ~All
development lot (defined by plat or lot of record) in ~uch an alignment that it c~n
be extended ~o the next property in accordance with the master sewer and water
neifhbor~ r,~r~,:. ----- the draina~ ..~ exp,_ _
benefit Mr. 5he. Iron's development. The firmncial costs of providin~ this line
should be paid by ~ City or the owner of the property to the north.
I ur~ you to recommend approval of the requested variar~e. Please call
me if you have any questions.
Sincerely,
M~ D. Lindelow
CC:
Bob Shelton
lke Shupe
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
July 27, 2004
Police
Jon Fortune, Assistam City Manager
SUBJECT
Consider adoption of an ordinance of the City of DeNon, Texas, establishing fees to be
charged for annual alarm permits as provided for in Sec. 4-26 and 4-29 of Article II of
Chapter 4 "Alarm Systems" of the Code of Ordinances of the City of DeNon, Texas;
repealing all ordinances in conflict herewith; providing a severability clause; and
providing for an effective date.
BACKGROUND
Article II, Chapter 4 "Alarm Systems" currently requires the operator of an alarm system
to make application to the Police Department for the issuance of an alarm permit. The
duration of the permit is perpetual, or until the permit is revoked or otherwise terminated,
and no permit fee is collected. The ordinance requires the applicant to provide the name,
address, phone numbers and personal idemifiers of the residem, owner, or authorized
person with responsibility of managemem or comrol of the property. The application
instructs the resident/occupant to renew the information once a year, however, to monitor
this requires a manual check and the ordinance provides no requirement to update. This
information is essential to the proper follow up of a police response to a burglar or
robbery alarm, and to the management and administration of false alarms.
In 2003, DeNon Police units responded to 5219 burglar alarm calls and 190 robbery
alarm calls. This represents approximately 7% of our total calls for service. Of those,
over 99 % were false. Very often the contact information from the original application is
outdated and incorrect, leaving officers with little choice but to make a visual check of
the exterior of the premises and clear without making contact with the owner or person in
control of the property. This also requires many follow up site visits to the location to
obtain updated information and investigate the cause of the alarm notification. The
adoption of a twelve-month permit term and requirement to renew the permit by annual
application would greatly assist the maintenance of updated information.
DeNon has 6249 permits on file. (A breakdown of permit types is indicated in the table
below.) The cost of response to alarm calls, and the follow up and administration of false
alarms costs the Police Department approximately $72,000 per year. A renewable annual
permit would be expected to increase that manpower cost, but could be offset by the
collection of a fee.
Permit Type No.
Single Family Residence 3376
Apartmem Residence 1436
Commercial 1437
Texas Local Government Code Chapter 214 allows for the collection of an alarm system
permit fee not to exceed $50 per year. A survey of area cities with alarm ordinances
similar to Denton was conducted. Permit terms of five cities are reflected in the table
below, and are representative of most others. All charge a permit fee. Some have
differem renewal periods or make distinctions between commercial and residemial
properties, and two, Arlington and Ft. Worth, have adopted a "no permit, no response"
clause. Cities operating under this response method report it decreases the number of
responses to alarm calls by 15% to 25%.
City Permit Fee Renewal
Arlington $ 50 12 momhs
Carrollton Commercial: $35 initial 12momhs
$20 renewal
Residemial: $30 initial
$15 renewal
Ft Worth $50 12 momhs
Garland $20 2 years
Lewisville $20 12 momhs
Other cities surveyed that charge fees include Irving and Lake Dallas at $25, Plano at
$35, and Mckinney at $50. DeNon is one of a few cities of relative size that does not
charge an alarm permit fee.
As growth and new construction continue, the number of alarm systems in operation will
proportionately increase, as well will the drain on limited police resources. If Council
adopts the amendments and fee ordinance creating the twelve-month permit term and
collection of a $20 annual fee, the expected result is a cost effective program of more
accurate up to date information that will facilitate a more effective response to alarm calls
as well as more efficient administration of false alarms. Up to date resident/occupant
information is important in cutting time spent by sworn personnel handling alarm calls
both at businesses and residences. It is also helpful in reducing recurrem false alarms.
More efficient monitoring and follow up on false alarms could be expected to ultimately
result in a level of compliance that would reduce overall alarm calls.
This ordinance sets the fee for an alarm permit and is a companion to a separate
ordinance amending the existing ordinance that establishes an annual time period for
alarm permits and grants authority to collect a fee.
OPTIONS
1. The City Council can approve the proposed ordinance.
2. The City Council can choose not to approve the proposed ordinance.
RECOMMENDATION
Staff recommends approval of the ordinance.
PRIOR ACTION/REVIEW
None
FISCAL IMPACT
Based on five to six thousand permits renewable each twelve months, these ordinances
would generate the collection of $100,000 to $120,000 annual revenue.
Respectfully aubmitted,
Charles Wiley
Chief of Police
Prepared by:
Lee Howell
Captain
Support Services Bureau
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE
CHARGED FOR ANNUAL ALARM PERMITS AS PROVIDED FOR IN SEC. 4-26 AND 4-
29 OF ARTICLE II OF CHAPTER 4 "ALARM SYSTEMS" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton deems it in the public interest to create a fee for alarm system
permits; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby establishes the following fees to be charged for
alarm permits pursuant to Section 4-26 of the Code of Ordinances:
An annual alarm fee of Twenty Dollars ($20.00)
SECTION 2. That a copy of this schedule of fees and charges shall be maintained on file
in the office of the City Secretary.
SECTION 3. That all ordinance or parts of ordinance in force when the provisions of this
ordinance become effective which are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 4. That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that
they would have enacted such remaining portions despite any such invalidity.
SECTION 5. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
__ day of _, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
July 27, 2004
Police
Jon Fortune, Assistam City Manager
SUBJECT
Consider adoption of an ordinance of the City of DeNon, Texas amending the provisions
of Chapter 4 relating to alarms by amending Sections 4-26, 4-29 and 4-31 to establish an
annual time period for alarm permits and to establish the collection of an annual alarm
permit fee; providing for a severability clause; providing for a repealer clause; providing
for a savings clause; providing for a penalty not to exceed $500 for violations of this
ordinance; and providing for an effective date.
BACKGROUND
Article II, Chapter 4 "Alarm Systems" currently requires the operator of an alarm system
to make application to the Police Department for the issuance of an alarm permit. The
duration of the permit is perpetual, or until the permit is revoked or otherwise terminated,
and no permit fee is collected. The ordinance requires the applicant to provide the name,
address, phone numbers and personal idemifiers of the residem, owner, or authorized
person with responsibility of managemem or comrol of the property. The application
instructs the resident/occupant to renew the information once a year, however, to monitor
this requires a manual check and the ordinance provides no requirement to update. This
information is essential to the proper follow up of a police response to a burglar or
robbery alarm, and to the management and administration of false alarms.
In 2003, DeNon Police units responded to 5219 burglar alarm calls and 190 robbery
alarm calls. This represents approximately 7% of our total calls for service. Of those,
over 99 % were false. Very often the contact information from the original application is
outdated and incorrect, leaving officers with little choice but to make a visual check of
the exterior of the premises and clear without making contact with the owner or person in
control of the property. This also requires many follow up site visits to the location to
obtain updated information and investigate the cause of the alarm notification. The
adoption of a twelve-month permit term and requirement to renew the permit by annual
application would greatly assist the maintenance of updated information.
DeNon has 6249 permits on file. (A breakdown of permit types is indicated in the table
below.) The cost of response to alarm calls, and the follow up and administration of false
alarms costs the Police Department approximately $72,000 per year. A renewable annual
permit would be expected to increase that manpower cost, but could be offset by the
collection of a fee.
Permit Type No.
Single Family Residence 3376
Apartmem Residence 1436
Commercial 1437
Texas Local Government Code Chapter 214 allows for the collection of an alarm system
permit fee not to exceed $50 per year. A survey of area cities with alarm ordinances
similar to Denton was conducted. Permit terms of five cities are reflected in the table
below, and are representative of most others. All charge a permit fee. Some have
differem renewal periods or make distinctions between commercial and residemial
properties, and two, Arlington and Ft. Worth, have adopted a "no permit, no response"
clause. Cities operating under this response method report it decreases the number of
responses to alarm calls by 15% to 25%.
City Permit Fee Renewal
Arlington $ 50 12 momhs
Carrollton Commercial: $35 initial 12momhs
$20 renewal
Residemial: $30 initial
$15 renewal
Ft Worth $50 12 momhs
Garland $20 2 years
Lewisville $20 12 momhs
Other cities surveyed that charge fees include Irving and Lake Dallas at $25, Plano at
$35, and Mckinney at $50. Demon is one of a few cities of relative size that does not
charge an alarm permit fee.
As growth and new construction continue, the number of alarm systems in operation will
proportionately increase, as well will the drain on limited police resources. If Council
adopts the amendments and fee ordinance creating the twelve-month permit term and
collection of a $20 annual fee, the expected result is a cost effective program of more
accurate up to date information that will facilitate a more effective response to alarm calls
as well as more efficient administration of false alarms. Up to date resident/occupant
information is important in cutting time spent by sworn personnel handling alarm calls
both at businesses and residences. It is also helpful in reducing recurrem false alarms.
More efficient monitoring and follow up on false alarms could be expected to ultimately
result in a level of compliance that would reduce overall alarm calls.
This ordinance establishes the annual time period of an alarm permit and grams authority
to collect a fee, and is a companion to a separate ordinance that sets the fee.
OPTIONS
1. The City Council can approve the proposed ordinance.
2. The City Council can choose not to approve the proposed ordinance.
RECOMMENDATION
Staff recommends approval of the ordinance.
PRIOR ACTION/REVIEW
None
FISCAL IMPACT
Based on five to six thousand permits renewable each twelve months, these ordinances
would generate the collection of $100,000 to $120,000 annual revenue.
Respectfully aubmitted,
Charles Wiley
Chief of Police
Prepared by:
Lee Howell
Captain
Support Services Bureau
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 4 RELATING TO ALARMS BY AMENDING SECTIONS 4-26, 4-29 AND 4-
31 TO ESTABLISH AN ANNUAL TIME PERIOD FOR ALARM PERMITS AND TO
ESTABLISH THE COLLECTION OF AN ANNUAL ALARM PERMIT FEE; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 4 of the Code of Ordinances of the City ("Alarm Systems") is
hereby amended by amending Sections 4-26, 4-29, and 4-31 which shall read as follows:
CHAPTER 4 - ALARM SYSTEMS
ARTICLE II. PERMIT
Sec. 4-26. Required.
It shall be unlawful for any person to operate or cause to be operated an alarm system
without an alarm permit issued by the City of Denton or without having paid the annual alarm
permit fee. An annual permit and an annual permit fee is required for each alarm site. The
annual permit fee is established by the city council and is on file in the office of the city
secretary.
Sec. 4-29. Issuance or denial.
Upon receipt of a completed annual application form and the annual permit fee, the City
of Denton shall issue an alarm permit to an applicant unless the applicant:
(1) Has failed to pay a service charge fee assessed under section 4-62;
(2) Has had an alarm permit for the alarm site revoked and the violation causing the
revocation has not been corrected;
(3) Has made a false statement of a material matter;
(4) Committed any act which, if committed by a permittee, would be grounds for the
revocation of a permit under section 4-32; or
(5) While without a permit, knowingly and willfully committed or aided and abetted in
the commission of any act for which a permit is required by this chapter.
The permit fee shall be waived for residential alarms for residents who are over the age of 65.
Sec. 4-31. Duration.
The duration of a permit required by this article is for one year (twelve months), or until
the permit is revoked or otherwise terminated in accordance with the terms and conditions of this
chapter.
SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 3. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ____ day of
.,2004.
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
July 27, 2004
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
There were several outstanding nominations remaining following the Council's meeting on July 20,
2004. Attached is a chart detailing those open nominations.
If you require any further information, please let me know.
Respectfully submitted:
Jane Richardson
Asst. City Secretary
BOARD AND COMMISSION NOMINATIONS
Board Council Member Nomination
Airport Advisory Board IVlontgomery
Community Development Advisory Cmte All
Human Services Advisory Committee All
Library Board Brock
Traffic Safety Commission All
July 23, 2004
Budgeting Processes
Recommended practices
and beyond
Presentation Topics
· What is a good budget process?
· Budget formats
HANDOUT TO COUNCIL
~hat i~ a ~oo~ Budget Prec--?
NACSLB Recommended Budgeting
Proc?ices
· Elected officials, monagers, finance
directors, labor union, city, county, state
· Comprehensive approach to budgeting
· Focused on the process and the result of
that process
· Recommendations, not mandates
· Any way you get there is fine
Definition of a Budget P~ocess
Tl~e development, implementation,
and eva/uation of a p/an foe ~he
2
Keys to Good Budgeting ~
a (planning and management) process
Not a document
A planning and decision-making process
Provides a long-term perspective
Focus on goals and performance
Stakeholders given opportunity to become
knowledgeable end to participate
· Tncentives to management and employees
The Principles
1. Establish broad goals
2. Develop approaches to achieve goals
3. Develop a budge? consistent with
approaches
4. Evoluate performance and make
adjustments
Elements of Establishing Broad
Goals
1. Assess community needs, priorities,
challenges and opportunities
2. ]~dentify opportunities and challenges for
government services, capital assets, and
management
3. Develop and disseminate broad goals
3
Approaches: Establish Broad Goals ~
· Surveys, meetings, hearings, committees,~
neighborhood associations, presentations
· Formal assessments of assets
· Consultant reports on management, focus
groups, self-assessment
· Reporting projects (compilation and
analysis), updates
· Special legislative sessions, netreats
· Citizen newsletters, local access channel
Elements of Developing
Approaches To Achieve Goals
4. Develop financial policies
5. Develop programmatic, operating, and
capital policies and plans
6. Develop programs and services that are
consistent with policies and plans
7. Develop management strategies
Elements of Developing A Budget
Consistent With Approaches
8. Develop a process for preparing and
adopting a budget
9. Develop and evaluate financial options
tO. Make choices necessary to adopt a
budget
4
Elements of Evaluating Performance
And Making Adjustments
11. Monitor, measure, and evaluate
12. Make adjustments as needed
Caveats ~
· Not a sequential process
· Full implementation is a long-term process
· Results ore more important than form or
specific approach
· Not earth-shattering - and not intended to
be
]~mplementation t~
· Every government has components, bu
generally some are missing or need
improvement
· Improving requires
· A supportive environment
· Sensitivity to the organizational and
political environment
· A pragmatic and situational approach
5
of o (hopefully small) crisis
· Hold a strategic planning session that
accomplishes something I
· (~et information from other plans, but keep
it limited
· Hold a capital planning session that results
in some decisions
· Work backwards, don't start from scratch
Tips for' Programmatic Orientation ~
· Add program descriptions and dot point
goals
· Use non-quantitative descriptions of goals
and objectives first (and maybe last)
· Review programs during year
· N~ove discussions toward program goals
Budget Fo~mets
~4oW i~po~tont is the {ol~t~atP
Budget "Formats"
Is it o process or a presentation?
What does it tell you?
How does it help decision-making?
How ~sily is it manipulated?
Can you manage a budget based on it?
How much does the "format" cost?
Zero Based Budget ~
· Expenditures ere generally identified b
services or program and further by levels
of that same service or program
· Forces a prioritizetion mechanism into the
basic budget process
· Administratively very expensive
· Subject to manipulation more then most
rogram Budget ~
Expenditures are shown by program, e.g.,
park. maintenance, and maybe even parl~
mowing
· May cut across organizational and funding
boundaries
· May show revenues
· Personal service may be based on hourly
time coding
· Con get administratively complex and
subject to manipulation
7
Line
· Expenditures are identified by type:
salories, contractual services, supplies,
etc.
· No one does it end everyone does it
Other (Fancy) Stuff
· Activity Dosed costing
· ]ob costing
· Cost accounting
· Before investing, consider carefully what
the benefit will be - there are significant
costs and you may not get whet you
expect.
Organizational Budget ~
· Expenditures ore identified by
organizational unit, usually a de~rtment,
and often at lower levels, such as Dept. of
P&R, and then Parks Meintenance Division
· Often is close to a program orientation
· Is a common approach
· N~ay also show revenues
Conclusion
· (Only) address your needs
· Don't fix what isn't broken
· Develop a process and format and stick
with it for a while
· Should have a goal of not driving people
crazy - especially Council and the budget
office
Ead of P~esentatien
JULY 27, 2004
TENIA M. HOOPS
2320 E. WINDSOR DRIVE
DENTON, TEXAS 76209
CUSTOMER ACCOUNT NO: 1330199-02
UNREASONABLE WATER USAGED AT THF~ ABOVE ADDRESS
I have been contacting several persons at the CITY OF DENTON WATER
UTILTIES DEPT. in the City of Denton. I have come to the City Council for help in
resolving a problem that no one else seems to even try to understand. Many of the
City employees have been very nice and tried to help, but to no avail.
The problem I have is described as follows:
In October 2002, my house was put on "Budget Billing" with a payment of $225.00.
When it was redone for October 2003, a credit for over-billing for the previous year
was given on the October Statement. But they're new itemized amount was
increased to $266.00 a month. In December, 2003, the City's Utility Statement
changed, my granddaughter, Karlie 1NIgreen, who is taking care of my home and
paying th~ utility bills while ! am staying with my parents, asked me to explain the
bill to her. When I looked at it, i noticed an excessive amount of water for several.
months prior to that statement. I "assumed" that I must have a leak. I went to the
Water Dept. on McKinney and requested they check my meter and informed them I
would be calling a plumber also to check for a leak.
I never received a notice from the Water Dept. stating they had been out to read my
meter...I just assumed they did. I contacted CBS Plumbing and they came out and
tested for leaks. The plumber checked my meter first and said there was a very
small leak as the "needle" was moving, but very little. He did fmd a small leak in
the faucet at the patio in the back yard. He replaced the faucet'and checked the
meter and said the leak was fixed because the needle was not moving at all. He
advised me to get a "key" so I could check for leaks in the future, because something
must be wrong due to the fact so much water had been used over such a long period
of time. I "assumed" that the problem was solved.
When the next statement came out for January 2004, I was shocked to f'md the
person that read my meter reported an amount of 27,300 gallons for 29 days. I
complained again to the Water Dept. I asked them if ! could purchase a meter box
key, and was informed they could not give these for liability reasons. I purchased
one, and began reading my meter almost daily. I asked to speak to the Supervisor
and was advised she (Rita Herrera) was not in her office and that I should leave a
message on her voice mail. I did and asked her to call me. After several days, I
called again and said I would stay on the llne until she spoke to me. Very shortly,
she picked up and listened to my story. She said she could have an audit done and I
agreed. A young lady named Stephanie came to my home on February 23, 2004,
and found nothing leaking anywhere. She was very sympathetic and agreed that
there was a problem with the amount of water being shown on my statements. She
suggested putting a Flow Meter on my meter to check for any unusual amounts of
water going through it. However, Stephanie cared me the next day with a totally
different attitude. She said they ran the meter readings and they told her the
persons in the house did use the water and there was not a problem. I asked her
when they could put the Flow Meter on and was told they "could not" put a Flow
Meter there, because we didn't qualify for one. When I took my readings, it was
almost exactly the same as shown on the Utilities February Stm. The reading on the
statement was for 6,600 gallons for 29 days. I was very happy, but I was shocked
again. How can so much water be used one month and so little water used another?
I continued my pursuit to find out a reasonable answer. The only answers the
Water Dept. had were "you must have a leak somewhere", "the water is going
through that meter, so you must be using it", your granddaughter is using it when
you are not reading the meter and stops when she knows you are", someone must be
stealing your water", "the leak must have fixed itself", "we have run a computer
check on the readings and they are correct", etc., etc., etc., in other words "WE
ARE RIGHT AND YOU ARE WRONG, so go away and leave us alone".
On March 24, 2004, from the hours of 1:00 a.m. and 6:30 a.m., water ran out of the
commode in the Master Bath and flooded part of the house. It stopped on its on,
before the plumber (who arrived at ~7:30 a.m.) arrived. He stated he did nothing
to make it stop. The water was clear and was not sewage. He said, that it looked as
though the City .did a "backwash" of my line and it flooded the commode. He had
seen it happen before. Two other plumbers came and they checked everything and
found no reason for the overflow. The lines were all clear. Since the plumbers were
there, they checked the house again for a leak. I wanted to make sure that
everything was ok. This began a long drawn out process and over $3~000.00 later,
with lines being replaced and experts being called in to find leaks, they have come to
the conclusion, ~ HOUSE HAS NO
In addition to the "no leak" problem, we also have the question regarding "waste
water". I have not been able to find out exactly what this fee is for. ! have a copy of
the Ordinance, but it only states how the citizens of Denton will be charged for this
"waste water" usage not what is for. Since Denton is charging this outlandish fee to
its citizens for "waste water"; my granddaughter has to pay a larger amount than
the average household, due to the fact that during the months of December, January
and February, our usage was so high. I am very; very upset because in the month of
March (which is for February usage), she was charged $46.46 for 28 days of
~astewater usage when the water bill for that month was only $26.07. The average
amount is even higher for April ($51.44 for 31 days) and even higher in May ($53.10
for 32 days), and this high amount will continue until they reealibrate it again for
December, January and February. Does this make sense to any of You? It is not
acceptable to this citizen.
I went to the Water Dept. to t'md out why this is done and received no help from
anyone. I talked to one of the tellers and was told that our wastewater amount was
figured incorrectly, and that it should be a lot more. I was later told by Ms.
Herrrera, that the original calibration was done with the wrong figures and we
would be billed approximately $10.00 more beginning on the next statement. After I
left the Water Dept., I called the City of Denton Utilities Dept. My call was
forwarded to Lynn Pedrick, Secretary, and she advised me to speak with Charles
Atkins, Mgr. for Customer Services. He returned my call within a few days and
listened to my story. He did keep them from raising the wastewater fee, but it still
remains at approximately $50.00 a month (I understand that it is charged per diem
each month). But, he did not get back with me until I called him, approximately 1
month later. He told me I should not be speaking to him but I should be speaking
with the Director of the Water Dept., Jim Coulter. ! asked him if he would speak
with him for me, since he, Mr. Atkinson, was familiar with my problems and they
were personally acquainted with each other. I, then requested for Mr. Coulter call
me with any information he could come up with. He agreed to do this. No one has
called me from that Dept. as of this date.
I decided to take a survey of my neighbors and see if they had anY problems with
· their water usage. I was told by my neighbor, that Bob Montgomery, a City
Councilman, lived across the street from him, and I should speak with him. I did
that very afternoon. Mr. Montgomery was very sympathetic with my problem also,
and said it sounded to him like I had a bad water meter. Hig WasteWater Fee runs
around $15 to $16.00 a month. He said he waters every day and his water usage
doesn't even compare to mine. He promised me he would look into it and get back
with me. I have not heard from him either.
When the Statement for the month of June came, another shock....the water
consumption for 30 days was 22,600 gallons. Naturally, I went and read the meter;
here is where it gets interesting ..... the meter reading for ,H~LY 15, 2004, was 7067,
the reading on the JULY 2, 2004 Statement was 7104. Now, can this reading be
correct. It shows on July 15, 2004 that there was a negative use of $,700 gallons.
I went to the Water Dept. again. I brought this to the teller's attention and I was
told, I was not reading the meter correctly. I wanted to request to have my Water
Meter changed out, and was told that only Ms. Herrera could grant that request,
and was told (time was 2:10 p.m.) that she was out to lunch and would be back in
about 20 minutes; however she told me she did not know if Ms. Herrera would be
back for the rest of the day. The teller told me very sarcastically that she lived with
one other person and they used more water than we did. I asked if she complained
about it and she told me "No, I know that we use it so I don't complain." I would
like for someone to look at her water bill and see if she uses more than 22,600
gallons in one month. (I can recognize her, if anyone is interested.)
I went to City Hall from there. I was directed to Lynn Pedrick's office. She
remembered me from our phone conversation and was surprised that nothing
positive had been done for me and my problem. She was a breath of fresh air to
talk with and seemed to be genuinely concerned. She gave me three names to
contact. I left feeling pretty good and returned to the Water Dept. to see Ms.
Herrera. She was there and I asked her to put in a request that my water meter be
changed out. I was told by her, that they only change them out every 10 years and
because I had contacted Mr. Atkinsan, my t'de was no longer in her office and she
could not help me. I went back to City Hall and got put on the July 27th Council
Meetings Agenda.
The next morning, July 16, 2004, two gentlemen from the Water Dept. were in my
front yard to check my meter. When they read the meter, they were amazed that
the reading showed 4,000 gallons less than the July 2~ reading, and stated to Ryan
Crawford, my granddaughter's boyfriend, that the meter was not read correctly. I
thought someone would contact me, but no one did. I called Therese Martinez on
July 20, 2004. She told me that the water amount on the bill had been reduced from
22,600 gallons to 12,600 gallons (how they came up with that amount, I don't know)
and the charge was reduced accordingly. They received a "new" bill reducing the
original amount by approximately $18.00.
When is someone going to contact me? I need a reasonable explanation for all the
above. SOMETHING IS WRONG WITH YOUR SYSTEM! !!!!! !
Submitted by a very concerned citizen,
Tenia M. Hoops
2320 E. Windsor Drive
Denton, Texas 76209
PHONE: (940) 566-0221
Handout to CC
07/27/04
BOARD AND COf4f4ISSTON NOiVlINATIONS
PLEASE NOTE:
The nominations in black are the nominations you are voting on tonight under the Consent Agenda.
The nominations in red are the nominations you submitted after the posting of the agenda on Friday.
These have not been officially nominated or voted on.
Board Council Nomination
f4ember
Airport Advisory Board McNeill John Vann
Montgomery
Community Development Advisory Crate All Maurine ]amail (suggested by Kamp)
Construction Advisory and Appeals Board Kamp Larry Calvert
Human Services Advisory Committee Kamp Mary 1-isher
McNeill 3an Hillman
All Charles McLain (suggested by Thomson)
Library Board Thomson Judy Deek
Brock Pat Langa
Traffic Safety Commission Kamp Tracy Beck
All Michael Kozak
All Georgianne Burlage (suggested by Kamp)