HomeMy WebLinkAboutNovember 2, 2004 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
November 2, 2004
After determining that a quorum is presem, the City Council of the City of Demon, Texas will
convene in a Work Session on Tuesday, November 2, 2004 at 4:00 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
Receive a report, hold a discussion, and give staff direction regarding the
recommendations from the Citizens Capital Improvement Advisory Committee for the
2005-2009 Capital Improvement Program.
Discuss and consider legislative priorities to be presemed by the City of Demon at the
Denton County Legislative Luncheon, including but not limited to state initiatives that
impact city finances, regional transportation, and Texas Municipal League Resolutions
passed at the Texas Municipal League Annual Conference.
o
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of November 2, 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 GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
mo
Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section
551.071.
Consider and discuss status of litigation styled Ugwuh v. City of Denton,
Cause No. 2002-41462-362, currently pending in the 362nd District Court
of Denton County, Texas.
Consider and discuss status of litigation styled Robinson v. City of Denton,
Cause No. 2003-60130-393, currently pending in the 21 lth District Court
of Denton County, Texas.
o
Consultation with the City's attorneys on legal matters arising out of
construction of Aquatic Center facilities under the Interlocal Agreement
dated September 15, 2001 between the City of Denton and the Denton
Independent School District, where to discuss such matters in public
would conflict with the duty of the attorneys to the City Council and City
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
City of DeNon City Council Agenda
November 2, 2004
Page 2
Bo
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT
CODE Section 551.071.
Deliberate the value of real property imerests for the fee acquisition of
approximately 1.0578 acres being a part of the Gideon Walker Survey,
Abstract No. 1330, located on the east side of Mayhill Road between
Spencer Road and Foster Road, DeNon, Texas, which is being acquired
for a public purpose, and receive legal advice from the City Attorney or
his staff concerning legal issues regarding the acquisition and donation of
such real property imerests.
Discuss and deliberate the use and value of certain real property and
appurtenances, thereto, consisting of street right-of-way all owned by the
City of DeNon, Texas, being situated throughout the City of DeNon,
Texas; relating to Verizon's fiber optic operations within the City of
Denton, Texas and the receipt of legal advice from the City's attorneys on
matters in which their professional responsibility to the City Council
regarding requires private legal consultation.
Co
Deliberations regarding economic developmem negotiations---Under TEXAS
GOVERNMENT CODE Section 551.087, regarding real property - Under
TEXAS GOVERNMENT CODE Section 551.072 and Consultation with
Attorney - Under TEXAS GOVERNMENT CODE Section 551.071.
Deliberate and discuss commercial or financial information received from
a business prospect and offers of financial or other incentives to the
business prospect for the purposes of economic development negotiations
relating to a proposed lease with Jet Works Aviation for a hangar
development located at the Denton Municipal Airport east of Taxiway
Alpha on the expanded north terminal apron. The deliberation includes
the leasing and value of such real property imerests, it also may include
consultation with the City Attorney or his staff concerning legal issues
regarding the leasing of such real property imerests.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING iN ACCORDANCE WiTH THE PROViSiONS OF §551.086 OF THE TEXAS
GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CiTY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
City of DeNon City Council Agenda
November 2, 2004
Page 3
Regular Meeting of the City of DeNon City Council on Tuesday, November 2, 2004 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
mo
U.S. Flag
Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
mo
Proclamations/Awards
Recognition of staff accomplishments
3. 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-R). This listing is provided on the Consem Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda.
If no items are pulled, Consent Agenda Items A-R below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
mo
Consider adoption of an ordinance of the City of DeNon, Texas approving an
Interlocal Cooperation Agreement by and between the City of Denton, Texas and
the City of Oak Poim, Texas to provide temporary municipal clerk services; and
providing an effective date.
Bo
Consider approval of a resolution by the City of DeNon, Texas, authorizing the
City Manager to sign and submit an amendment to the 2004 Action Plan for
Housing and Community Developmem submitted in June 2004 to the U.S.
Department of Housing and Urban Development with appropriate certifications,
as authorized and required by the Housing and Community Developmem Act of
1974, as amended, and the Affordable Housing Act of 1990, as amended; and
providing for an effective date.
Co
Consider adoption of an ordinance of the City of DeNon, Texas authorizing an
agreement between the City of Denton, Texas and the Denton City-County Day
School for professional childcare and preschool for low to moderate income
families; finding an exemption from public bidding requiremem; providing for the
expenditure of funds therefor; and providing for an effective date.
City of DeNon City Council Agenda
November 2, 2004
Page 4
Do
Consider adoption of an ordinance of the City of DeNon, Texas authorizing an
agreement between the City of Denton, Texas and Denton County Friends of the
Family for counseling and case managemem to victims of domestic violence for
low to moderate income families; finding an exemption from public bidding
requiremem; providing for the expenditure of funds therefor; and providing for an
effective date.
mo
Consider adoption of an ordinance of the City of DeNon, Texas authorizing an
agreement between the City of Denton, Texas and Family Health Care
incorporated for prenatal services for low-income families; finding an exemption
from public bidding requiremem; providing for the expenditure of funds therefor;
and providing for an effective date.
Fo
Consider approval of a resolution to declare intent to reimburse expenditures from
the Motor Pool Fund with Certificates of Obligation so that vehicles approved in
the 2004-05 Budget more fully described in the attachment to this resolution may
be purchased; and providing an effective date.
Go
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of Hand Tools and Miscellaneous Hardware;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3211 - Annual Comract for Hand Tools and Miscellaneous Hardware
awarded to DeNon Tool and Fastener in the estimated amoum of $35,000).
Ho
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of Hot Mix Hot Lay Asphalt Concrete; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3221 -
Annual Contract for Hot Mix Hot Lay Asphalt Concrete awarded to Jagoe Public
Company in the estimated amoum of $1,000,000).
Consider adoption of an ordinance accepting competitive bids by way of an
interlocal Agreement with Tarrant County and awarding a contract for the
purchase of police sedans; providing for the expenditure of funds therefor; and
providing an effective date (File 3251 - imerlocal Agreemem for Police Sedans
with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of
$386,388).
Jo
Consider adoption of an ordinance approving the expenditure of funds for the
purchase of the renewal of annual support maimenance for DeNon Municipal
Electric's Supervisory Comrol and Data Acquisition System (SCADA) available
from only one source in accordance with the provision for state law exempting
such purchases from requiremems of competitive bids; and providing an effective
date (File 3246 - Renewal of SCADA Maimenance Agreemem awarded to
Advanced Comrol Systems in the amoum of $31,967).
Ko
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of a Pole Setting Machine for the Electric Distribution
Department; and providing for the expenditure of funds therefor; and providing an
effective date (Bid 3217 - Pole Setting Machine awarded to lowest responsible
bidder, Altec industries, inc., in the amoum of $87,618).
City of Demon City Council Agenda
November 2, 2004
Page 5
Lo
Consider adoption of an ordinance of the City of Demon authorizing the City
Manager, or his designee, to execute on behalf of the City of Demon an
acceptance of an offer from the Texas Department of Transportation relating to a
grant for routine Airport Maintenance Program; authorizing the City Manager to
expend funds provided for in the gram program; and declaring an effective date.
(TxDOT Project No.: AM2005DNTON; and TxDOT CSJ No.: M518DNTON)
Mo
Consider adoption of an ordinance approving a commercial operator airport lease
agreement between the City of Denton and Terrence Jarog on approximately
2,790 square feet of land at the Denton Municipal Airport; and providing an
effective date.
No
Consider adoption of an ordinance approving a commercial operator airport lease
agreement between the City of Denton and Jet Works Aviation, Inc. at the Denton
Municipal Airport; and providing an effective date.
Oo
Consider approval of tax refunds for the following property taxes: Tax
Name Reason Amount
Year
i gl~ C~ Ov~av~nt 2003 $ 5 6
iD,
Consider adoption of an ordinance declaring a public necessity exists and finding
that public welfare and convenience requires the taking and acquiring of an
approximate 1.0578 acre tract or parcel of land with fee simple title vesting in the
City of Demon, Texas, and said real property being located in the G. Walker
Survey, Abstract Number 1330 in the City of Denton, Denton County, Texas and
being a portion of a parcel of land conveyed to Rosa Lee Chavez by Deed
recorded in Volume 676, Page 369 of the Deed Records of Demon County,
Texas; authorizing the City Manager or his designee to make an offer to purchase
the property for its just compensation, and if such offer is not accepted,
authorizing the City Attorney, or his designee, to institute the necessary
proceedings in condemnation in order to acquire the property necessary for the
public purpose of municipal landfill facilities and improvemems, and other
municipal purposes and declaring an effective date.
Qo
Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Wire Crossing Agreement with The Kansas City Southern Railway
Company for an aerial wire crossing located at Mile Post 104.79, City of Demon,
Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date.
Ro
Consider approval of the minutes off
October 4, 2004
October 5, 2004
October 12, 2004
October 13, 2004
City of DeNon City Council Agenda
November 2, 2004
Page 6
4. PUBLIC HEARINGS
A. Hold a public hearing, consider a recommendation from the Capital
Improvements Committee, and give staff direction.
Bo
Hold a public hearing and consider adoption of an ordinance amending the
Mobility Plan Componem of The DeNon Plan revising the alignmem and
changing the classification of Mayhill Road; and providing an effective date. The
Planning & Zoning Commission recommends approval (7-0).
C. Hold a public hearing and consider the following:
Adoption of an ordinance for a Comprehensive Plan Amendmem from
'Existing Neighborhood/infill Compatibility' to 'Employmem Cemers' land
use designation. The 4.38-acre site is generally located on the west side of
Woodrow Lane and approximately 300 feet north of Morse Street. The
Planning and Zoning Commission recommends approval (6-1). (CA04-
0003, Vetco)
Adoption of an ordinance rezoning approximately 4.38 acres from a
Neighborhood Residemial 4 (NR-4) to an Employmem Cemer industrial
(EC-i) zoning district. The site is generally located on the west side of
Woodrow Lane and approximately 300 feet north of Morse Street. The
Planning and Zoning Commission recommends approval (7-0). (Z04-
0043, Vetco)
D. Hold a public hearing and consider the following:
Adoption of an ordinance for a Comprehensive Plan Amendmem from
'Neighborhood Cemer' to 'Community Mixed Use Activity Cemer' land
use designation. The 2.0-acre site is located south of McKinney Street and
approximately 700 feet west of Loop 288. The Planning and Zoning
Commission recommends approval (6-1). (CA04-0002, 3520 E.
McKinney StreeO
Adoption of an ordinance rezoning approximately 2 acres from the
Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district to
the Community Mixed Use General (CM-G) zoning. The site is south of
McKinney Street and approximately 700 feet west of Loop 288. The
Planning and Zoning Commission recommends approval (6-1). (Z04-
0032, 3520 E. McKinney StreeO
5. ITEMS FOR INDIVIDUAL CONSIDERATION
mo
Consider adoption of an ordinance of the City of DeNon, Texas, amending the
provisions of Chapter 20 by amending Article ii titled "Abandoned Property" by
changing the name of Article ii to "Junk Vehicles" and by replacing Section 20-
41 and 20-47; by deleting Article iii entitled "Grass and Weeds" in its entirety
and replacing it with a new Article iii titled Article iii titled "Weeds and Grass
and Unsightly or Unsanitary Matter"; providing for a severability clause;
City of DeNon City Council Agenda
November 2, 2004
Page 7
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.
Consider approval of a resolution nominating members to the Appraisal Review
Board of the Denton Central Appraisal District; and declaring an effective date.
C. Consider nominations/appoimmems to the City's Boards and Commissions.
Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Peternia Washington regarding issues with
Electric.
DeNon Municipal
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.
Closed Meeting:
1. Personnel Matters - Under TEXAS GOVERNMENT CODE Section
551.074
a. Evaluation and appraisal of the City Manager including
deliberation on the City Manager's duties.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of DeNon, Texas, on the day of ,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 HEAR1NG 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: November 2, 2004
DEPARTMENT: Finance
ACM: Kathy DuBose
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the recommendations from
the Citizens Capital Improvement Advisory Committee for the 2005-09 Capital Improvement
Program.
BACKGROUND
At the July 20, 2004, Council Work Session Meeting, the City Council held a discussion
concerning a February 5, 2005, Capital Improvement Bond Election. The Council instructed
staff to proceed with the process necessary to create a special 50-member Citizens Advisory
Committee. At the August 3, 2004 Council Meeting, each Council Member was asked to
appoint seven (7) citizens to the Advisory Committee. The Committee list is attached
(Attachment A). The entire Council selected Mark Burroughs to chair the Committee. Mr.
Burroughs chose Randy Robinson as co-chair.
The Committee held its first meeting on August 30, 2004. They organized into seven groups to
begin gathering data. The groups appointed their own chairs and met with the following entities:
City Council, Planning and Zoning Commission, Chambers of Commerce, Universities and
DISD, the County Commissioners, citizens, and City staff.
After this information-gathering phase was completed, the Committee reorganized into three
project teams: Community Development, Parks and Recreation, and Transportation. Each Team
presented their teams' recommended projects to the whole Committee. After considering all of
the information, the Committee voted to recommend the attached projects (Attachment B).
The Committee presented their recommendation at the Joint City Council/Planning and Zoning
Commission Public Hearing on October 20, 2004. The Planning and Zoning Commission then
voted to recommend the Committee recommendation to the City Council.
ESTIMATED SCHEDULE OF PROJECT
The Citizens Capital Improvement Advisory Committee is recommending a 5-year Capital
Improvement Program for a February 5, 2005 Bond Election.
FISCAL INFORMATION
See Attachment B.
EXHIBITS
Attachment A
Attachment B
Respectfully submitted:
Kathy DuBose
Assistant City Manager
Attachment A
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
CHAIR: Burroughs, Mark
Ball, Scott
Beasley, Roni
Behrens, Mary
Bell, Robert
Berry, June
Biles, David
Briseno, Luz
Cheek, Bill
Clark, Alma
Collins, Carol
Crabb, Marvin
Culp, Marc
Devinney, Karen
Diebel, Polly
Durrance, Marge
Fuller, Ellen
Gallivan, Phil
Gobble, Pat
Hayden, Gary
Heggins, Charlye
Hill, Fred
Holl, Herbert
Huckabay, Stacy
Huckaby, Richard
Hunt, Robert
Jamail, Maureen
Johnson, Debbie
Johnson, John
Kimble, Dale
Kirkpatrick, Jim
Kruger, Charlice
Kuhn, Jo
Lyke, Patrice Phelan
Martin, Curtis
McDade, Sherri
Mohelnitzky, Jerry
Nelson, Alan
Nelson, Martha Len
Priddy, John
Rivera, Maria
Robinson, Randy
Seligmann, Gus
Sherman, Bob
Siegfried, Jennifer
Smith, Shannon
Vanderlaan, David
Wier, David
Woolfolk, Rick
Young, Phillip
Attachment B - Page 1
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
TIER 1 PROJECTS
COMMUNITY DEVELOPMENT
Funding
PROJECT NAME Requirements
Senior Center Expansion $ 1,800,000
Downtown - Walnut And Pecan Streets $ 1,728,250
South Branch Library Parking $ 68,250
Sub-Total Tier 1 $ 3,596,500
PARKS AND RECREATION
Funding
PROJECT NAME Requirements
Soccer Fields Land Acquisition $ 400,000
Soccer Fields Construction $ 843,750
Soccer Fields Restroom/Concession $ 275,000
Tree Bank $ 250,000
Clear Creek Natural Heritage Center/Parking $ 500,000
Denia Park Circulation Trail/Connection $ 180,000
Civic Center Pool/Water Slide $ 140,625
Fred Moore Park Multipurpose Court $ 84,375
Prairie/Robertson Rail Trail Bridge $ 281,250
Goldfield Tennis Center (3 Lighted Courts) $ 210,937
Mack Park Restroom (1)/Concession/ADA $ 250,000
North Lakes/Restroom/Concession/ADA $ 300,000
Sub-Total Tier 1 $ 3,715,937
TRANSPORTATION
Funding
PROJECT NAME Requirements
US 377 Widening $ 2,000,000
Mayhill Road $ 500,000
Sidewalk Installations $ 1,050,000
Shady Oaks $ 2,554,034
Brinker Road $ 1,000,000
Western Boulevard $ 3,637,029
Hobson Lane I/S Imp.@ FM 1830 & US 377 $ 1,200,000
Runway Extension $ 669,000
Arterial: Mulkey, Mockingbird, Old North, Bonnie Brae $ 2,800,000
Arterial: Teasley, Southridge, Colorado, Malone $ 1,900,000
Miscelaneous Roadways $ 1,000,000
Downtown/South Denton Multimodal $ 2,377,500
Sub-Total Tier 1 $ 20,687,563
ITotal Tier 1 I $ 28,000,000
Attachment B - Page 2
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
TIER 2A PROJECTS
COMMUNITY DEVELOPMENT
Funding
PROJECT NAME Requirements
Downtown - Austin Street $ 892,000
South Branch Library Expansion $ 1,931,750
Sub-Total Tier 2A $ 2,823,750
PARKS AND RECREATION
Funding
PROJECT NAME Requirements
Citywide Park Land Acquisition $ 4,000,000
IOOF Cemetary/Oakwood Fence $ 112,500
Mack Park Restroom (1) $ 250,000
Sub-Total Tier 2A $ 4,362,500
ITotal Tier 2A J $ 7,186,250 J
ITier 1 + Tier 2A J $ 35,186,250 J
Attachment B - Page 3
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
TIER 2B PROJECTS
PARKS AND RECREATION
Funding
PROJECT NAME Requirements
Entry Corridors (Ft. Worth Drive)* $ 624,400
Avondale Park Bridge $ 163,750
Civic Center Pool/Sprayground $ 168,750
Avondale/Civic Center Park Equipment $ 168,750
City Hall Courtyard Renovation $ 84,375
Land Acquisition/Parking Fred Moore Park $ 140,625
Evers Park Baseball Field Improvements $ 343,750
Sub-Total Tier 2B $ 1,694,400
TRANSPORTATION
Funding
PROJECT NAME Requirements
Intersection Signalization* $ 1,412,500
FM 1830* $ 800,000
Residential: Auburn, Gatewood, Oxford Ln., Oaklawn, Mashall, Aspen,
Oakland, Crow, Tulane, Boliver, Jasmine, Live Oak, Northcrest $ 2,800,000
Residential: Augusta, Denison, Kendolph, Santiago, Sun Valley, Piner, Headlee
Rine¥, Northrid~le, Ma~lnolia $ 2,200,000
Sub-Total Tier 2B $ 7,212,500
[Total Tier 2B I $ 8,906,900
[Tier 1 + Tier 2A + Tier 2B I $ 44,093,150 J
*These represent highly critical projects as compared to others within Tier 2B and should be
given special attention.
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2004
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT Discuss and consider legislative priorities to be presemed by the City of DeNon at
the DeNon County Legislative Luncheon, including but not limited to state initiatives that impact
city finances, regional transportation and Texas Municipal League resolutions presemed at the
Texas Municipal League's Annual Conference.
BACKGROUND Since the 2001 Legislative Session, the City of Demon has participated with
Denton County cities to present legislative priorities at the Denton County Legislative Luncheon.
These legislative priorities consist of issues before the Texas Legislature during the four special
sessions and interim legislative committees and primarily relate to state initiatives that impact
city finances, regional transportation and resolutions presented at the Texas Municipal League's
Annual Conference. The City of Denton has participated in submitting resolutions to the Texas
Municipal League's Annual Conference since 1997. This year the City of Demon presemed
resolutions on financing of convemion cemers, drainage fees, ad valorem taxation of higher
education authorities and road damage caused by developmem. The annual conference ends on
October 29, 2004. During the workshop staff will present the resolutions approved at the annual
conference and ask for direction on legislative priorities to be presented at the Denton County
Legislative Luncheon on November 10, 2004.
Respectfully submitted:
Herbert L. Prouty
City Attorney
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2004
DEPARTMENT: City Manager's Office
CM/DCM/ACM: Mike Conduff
SUBJECT
An ordinance of the city of DeNon, Texas approving an imerlocal cooperation agreemem by and
between the city of DeNon, Texas and the City of Oak Poim, Texas to provide temporary
municipal clerk services; and providing an effective date.
BACKGROUND
At the request of the City Manager of Oak Point, this interlocal agreement is to provide
temporary assistance to the City of Oak Point for clerical work associated with their municipal
court and building permit division. The duties of this staff member have been absorbed by the
remaining Denton Municipal Court staff to make this assistance possible on a temporary basis to
aid a neighboring community. This imerlocal agreemem was approved by the Oak Poim City
Council at their meeting on November 18, 2004.
RECOMMENDATION
Staff recommends approval of the ordinance supporting the interlocal agreement with Oak Point.
ESTIMATED SCHEDULE OF PROJECT
August 23, 2004 through December 4, 2004
FISCAL INFORMATION
Respectfully submitted:
Prepared by:
Pamela Rambo-Estill
Assistant to the City Manager
Betty Williams
Director of Management & Public
Information
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND THE CITY OF OAK POINT, TEXAS TO PROVIDE
TEMPORARY MUNICIPAL CLERK SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves an Interlocal Cooperation
Agreement between the City of Denton, Texas and the City of Oak Point, Texas
pertaining to temporary municipal clerk services, substantially in accordance with the
Interlocal Cooperation Agreement which is attached hereto and incorporated herein by
reference (the "Agreement"). The City Manager, or his designee, is authorized to execute
the Agreement on behalf of the City. The City Manager, or his designee, is authorized to
carry out the City's fights and duties under the Agreement. Any prior actions of the City
taken pursuant to the Agreement are hereby ratified.
SECTION 2. The City Council finds that the Agreement wilt benefit the City of
Denton and is in the public interest.
SECTION 3. 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:
INTERLOCAL COOPERATION AGREEMENT
BETWEEN TI/ir, CITY OF DENTON AND CITY OF OAK POINT
THiS AGREEMENT is made and entered into by and.between the City of Denton, Texas,
a home nde municipal corporation organi?ed and existing under the laws. of the State of Texas,
hereinafter referred to as "Denton" and the City of Oak Point, Texas, a general law municipal
corporation organized and existing under the law of the State of Texas, hereinafter referred to as
"Oak Point".
WHEREAS, Oak Point is in need of the temporary use of a City of Denton employee,
Matthew Freeman ("Denton Employee"), to provide Oak POint with a temporary replacement for its
Municipal Court Clerk who is currently on maternity leave; and
WHEREAS, there is a public benefit to using the Denton Employee bemuse he is
experienced in the duties of a municipal court clerk; and
WHEREAS, Denton and Oak Point desire into this agreement under the authority and
subject to the provisions of Texas Government Code, Chapter 791, the Interioeal Cooperation
Act; and
and each party paying for the performance of governmental functions or services is making those
payments from current reVenues available to the paying party and all payments are in an amount
that fairly compensates the performing party for the services or functions performed under this
agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows:
City of Denton ICA 1
The term of this Agreement shall commence retroactively from August 23, 2004 and shall
terminate on or before December 1, 2004 or until Oak Point's Municipal Court Clerk returns
from maternity leave whichever occurs later.
The Denton Employee will remain an employee of Denton, but will report to duty each
work day under the supervision and control of the Oak Point City Manager. For the services of
the Denton Employee, Oak Point will reimburse Denton the sum of $ 518.80 per week. In
addition, should Denton in the futura need similar temporary employee services from Oak Point,
Oak Point will provide such services to Denton on the same or similar basis.
me
This Agreement may be terminated in whole or in part by Denton or Oak Point upon
thirty 00) days' written notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this agreement through no fault of the terminating
party: No such termination my be affected unless the defaulting party is given: (1) written notice
delivered by certified mail, return receipt requested of intent to terminate setting forth the
substantial failure to perform; and (2) not less than thirty 00) calendar days to cure the failure;
and (3) an opportunity for consultation with the terminating party prior to termination. :
For Denton:
Michael A. Conduff; City Manager
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas 76201
For Oak Point:
Julie M. John.qton
City Manager
City of Oak Point
100 Naylor Road
Oak Point, Texas 75068
City of Denton ICA 2
The covenants, conditions and terms hereof are to be construed under the laws of the
State of Texas and are performable by all parties in Denton County, Texas. The parties mutually
agree that venue for any obligation arising from this Agreement shall lie in Denton County,
Texas.
This writing is intended by the parties as a final expression of their agreement and as a
complete and exclusive statement of the terms of their agreement. This Agreement can be
modified only by writing signed by both of the parties or their duly authorized agentS.
VI.
This Agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither Denton nor Oak Point waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it against claims arising by third
parties.
In the event tha_t__an._y~_!~rtio__.__._.~n of~thi~ Agreeme_nt shall beZoxmd to.r.be e~a~.~t9_ law, it ~ ............
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto and each party hereby certifies to the other that any and all necessary resolutions extending
said authority have been duly passed and are now in full force and effect.
City of Denton ICA 3
EXECUTED in triplicate originals.
OAK POINT
City of Oak Point
DENTON
City of Denton, Texas
City Manager
Michael A. Conduff
City Manager
ATTEST:
M~) Bcth\~rhomas, City Se~t~-y
AS TO ~
Gary E. Da/, City Attom/
ATTEST:
JENNIFER WALTERS, CITY
SECRETARY
BY:
APPROVED AS TO FORM
HERBERT L. P/R~TY,
BY: '~~/
City of Denton ICA 4
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
November 2, 2004
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of a resolution by the City of Demon, Texas, authorizing the City Manager to
sign and submit an amendmem to the 2004 Action Plan for Housing and Community
Development submitted in June 2004 to the U.S. Department of Housing and Urban
Developmem with appropriate certifications, as authorized and required by the Housing and
Community Developmem Act of 1974, as amended, and the Affordable Housing Act of 1990, as
amended; and providing for an effective date.
BACKGROUND
Due to reductions in the human services general fund budget, the Human Services Advisory
Committee members revised their previous CDBG allocations to various agencies. HSAC
attempted to reallocate funding to ensure that agencies meeting priority community needs would
continue to receive funding.
ESTIMATED PROJECT SCHEDULE
Human services funding agreements provide a one-year contract term. This year, contract terms
will begin either in October or November and end September 31, 2005.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The revised human services allocation schedule, developed upon City Council's request, was
approved by the Human Services Advisory Committee August 26, 2004.
FISCAL INFORMATION
Funding for the proposed programs will be from 2004-05 Community Developmem Block Gram
funding.
EXHIBITS
1. Resolution
2. Amendment
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
S:\Our Documents\Resolutions\04hA. mendment 2004 action plan. DOC
RESOLUTION NO.
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2004 ACTION PLAN
FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2004 TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH
APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE
AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of DeNon is concerned with the developmem of viable urban
communities, including decem housing, a suitable living environmem and expanded economic
opportunities; and
WHEREAS, the City of DeNon as an emitlemem city under the Community
Development Block Grant program and a participating jurisdiction under the HOME Investment
Partnerships program, has prepared through a citizen participation process, a plan for using its
2004 CDBG, HOME and program income funding in the approximate amoum of $1,785,580;
and
WHEREAS, the City of DeNon wishes to revise its' public services allocation schedule
that includes $153,835 in 2004 CDBG funding, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of DeNon, Texas, authorizes the City
Manager to submit to the US Department of Housing and Urban Development an amendment for
the reallocation of funds in the 2004 Action Plan for Housing and Community Developmem that
was previously submitted for a grant application with appropriate assurances for CDBG and
HOME funds under the Housing and Community Developmem Act of 1974 and the Affordable
Housing Act of 1990, as amended, to revise the public services allocation schedule, which is
attached hereto.
SECTION 2. That the City Council authorizes the City Manager or his designee to
handle all fiscal and administrative matters related to the amended Action Plan.
SECTION 3. That this resolution shall become effective immediately upon its passage
and approval.
S:\Our Documents\Resolutions\04kA. mendment 2004 action plan. DOC
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:
Amendment to the
2004Action Plan for Housing and Community Development
This is a proposed amendmem to the City of Demon's 2004 Action Plan for Housing and Community
Development submitted to the U. S. Department of Housing and Urban Development on May 19,
2004. The City of Demon proposes to revise its Public Services funding schedule. One agency,
Demon City County Day School, that was not previously funded, will be funded. Other funding
amoums will be reduced. Below is a chart of agencies and the revised funding amoums included in
this proposed amendment.
Agency Revised Service Location
Allocation
AIDS Services of North TX $12,480 Nutrition Program 121 Piner, Denton
After School Action Site (COD) $8,300 Childcare/Youth Prog Various locations
King's Kids Day Kamp (COD) $10,000 Childcare/Youth Prog 1300 Wilson, Demon
Owsley Summer Playground (COD) $11,000 Childcare/Youth Prog Owsley Addition, Demon
Demon City County Day School $35,640 Childcare 1603 Paisley, Demon
Family Health Care $26,000 Indigem Health Care 1104 Dallas Dr, Demon
HOPE, Inc. $24,180 Transitional Housing 117 W Sycamore, Denton
Interfaith Ministries $14,235 Emergency Assistance 109 W Sycamore, Denton
Salvation Army $15,000 Emergency Assistance 1508 E McKinney,Demon
Any comments regarding the proposed amendment or 2004 Action Plan activities should be
directed to the Community Development, City of Denton, 101 S. Locust Street, Suite 500,
Denton TX 76201, 940-349-7726
Comments must be received on or before October 23, 2004.
www. ci(yofdenton, com
ADA/EOE/ADEA
(To be published in the body of the paper on Monday, September 20, 2004. Account # 14035.
Please call Barbara Ross at 349-7235 with any questions.)
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
November 2, 2004
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City of Demon, Texas authorizing an exemption from
competitive bidding for the agreemem between the City of Demon, Texas and the Demon City-
County Day School for professional childcare and preschool for low to moderate income
families; providing for the expenditure of funds therefore; and providing for an effective date.
BACKGROUND
The Human Services Advisory Committee recommended that the City of Demon provide
$35,640, including $32,768 from C.D.G.B. and $2,872 from general fund, to Demon City
County Day School to provide child care services to low to moderate-income families.
ESTIMATED PROJECT SCHEDULE
The funding agreement includes reimbursemem for services provided from October 1, 2004
through September 30, 2005.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Human Services Advisory Committee reviewed funding requests, developed a proposed
annual budget utilizing both Community Developmem Block Gram funds and City of Demon
General Fund dollars for human services. James McDade and Carol Bounds, HSAC members,
presemed the committee's revised recommendations to City Council on September 7, 2004.
FISCAL INFORMATION
Funding for the program has been allocated in the City of Denton 2004-2005 Annual Program of
Services.
EXHIBITS
1. Ordinance
2. Funding Agreement
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Wendy Nulls
Human Services Coordinator
S:\Our Documents\Ordinances\04\Denton-CityCountyDaySchool Ordinance( 10-11-04 version).DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON CITY-COUNTY DAY SCHOOL FOR
PROFESSIONAL CHILDCARE AND PRESCHOOL FOR LOW TO MODERATE INCOME
FAMILIES; FIND1NG AN EXEMPTION FROM PUBLIC BIDDING REQUIREMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the DeNon City-County Day School, a Texas non-profit corporation, (the
"Organization") provides for professional childcare and preschool for low to moderate income
families in the City of Demon, Texas (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreemem attached hereto and made a part hereof by reference (the "Public Service Agreemem");
and
WHEREAS, the Program is a part of the City's community developmem program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimental to the public health and safety by providing opportunities and services to low to
moderate persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residents by helping to insure that low to moderate
income families have adequate childcare and preschool services available; and
WHEREAS, City Council finds that if the Program and the Public Service Agreemem are not
available, the children of low to moderate income families would be at risk of being left unattended
while parents are at work or otherwise engaged in other activities, thereby creating a substantial
health and safety risk for citizens of DeNon; and
WHEREAS, the Program is supervised and administered by professional personnel which
maintain compliance with the State of Texas requirements for early childhood education; and
WHEREAS, City Council finds that the Public Service Agreemem and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Governmem Code and as an item purchased under a request-for-proposal process for a
community developmem program under Section 252.021 (d); and
Page 2
S:\Our DocumentsSOrdinances\04\Denton-CityCountyDaySchool Ordinance( 10-11-04 version).DOC
WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the
Public Service Agreemem serve importam municipal and public purposes and are in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference imo the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreemem and to carry out the duties and responsibilities of the City under the Public
Service Agreemem, including the expenditure of funds as provided in the Public Agreemem.
SECTION 3. 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
2004-2005 CDBG SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON CITY COUNTY DAY SCHOOL
This Agreement is hereby entered into by and between the City of Denton, Texas, a
Home Rule Municipal Corporation, hereinafter referred to as "City", and Denton City County
Day School, 1603 Paisley, Denton, TX 76209, hereinafter referred to as "Organization";
WHEREAS, CITY has received certain funds from the U.S. Department of Housing and
Urban Development under Title i of the Housing and Community Development Act of 1974, as
amended; and
WHEREAS, CITY has adopted a budget for such funds and included therein an
authorized budget for expenditure of funds for; and
WHEREAS, CITY has designated the Community Development Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
This Agreement shall commence on or as of October 1, 2004, and shall terminate on
September 30, 2005, unless sooner terminated in accordance with Section 25 "Termination".
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services and
activities described in the Scope of Services attached hereto as Exhibit A, and incorporated
herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance
with the terms herein. CITY will consider CONTRACTOR's executive officer to be
CONTRACTOR's representative responsible for the management of all contractual matters
pertaining hereto, unless written notification to the contrary is received from CONTRACTOR,
and approved by CITY.
The CITY's Community Development Administrator will be CITY's representative
responsible for the administration of this Agreement.
Page 1 of 26
Beneficiaries of the activities to be provided hereunder must reside in the City of Demon
and CONTRACTOR certifies that the activities carried out with Community Developmem Block
Gram funds shall meet the program's National Objective of benefit to low and moderate-income
persons. CONTRACTOR shall provide services to persons whose income is equal to or lower
than 80% of the median income of the Dallas standard metropolitan statistical area. To
accomplish this, the CONTRACTOR shall use the currem applicable income limits published by
the Department of Housing and Urban Development for lower income housing assistance under
Section 8 of the United States Housing Act of 1937 herein attached as Exhibit D. Income
eligibility shall be determined by the sum of the gross income of all individuals residing in the
household. Services must be provided directly to or on behalf of specific idemified eligible
cliems. Eligibility documemation must be included in each cliem's file and updated at least once
during the contract period.
CITY'S OBLIGATION
Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred
pursuant and in accordance with the project budget attached hereto as Exhibit B and the
Scope of Services herein attached as Exhibit A and incorporated herein by reference.
Notwithstanding any other provision of the Agreement, the total of all payments and
other obligations made or incurred by CiTY hereunder shall not exceed the sum of Thirty
Eight Thousand Dollars ($38,000).
Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by CONTRACTOR and receipt of a requisition for paymem with appropriate
documentation of expenditures, CITY shall make payments to CONTRACTOR based on
the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject
to the limitations and provisions set forth in this Section and Section 7 of this Agreement.
Payments may be contingent upon certification of the CONTRACTOR's financial
management system in accordance with the standards specified in OMB Circular A-110.
(1)
The parties expressly understand and agree that CITY's obligations under this
Section are contingent upon the actual receipt of adequate Community
Developmem Block Gram (CDBG) funds to meet CiTY's liabilities under this
Agreement. If adequate funds are not available to make payments under this
Agreemem, CiTY shall notify CONTRACTOR in writing within a reasonable
time after such fact has been determined. CITY may, at its option, either reduce
the amoum of its liability, as specified in Subsection A of this Section or
terminate the Agreement. If CDBG funds eligible for use for purposes of this
Agreement are reduced, CITY shall not be liable for further payments due to
CONTRACTOR under this Agreement.
(2)
It is expressly understood that this Agreement in no way obligates the General
Fund or any other monies or credits of the City of Demon.
Page 2 of 26
(3) CITY shall not be liable for any cost or portion thereof which:
(a)
has been paid, reimbursed or is subject to paymem or reimbursemem,
from any other source;
(b)
was incurred prior to the beginning date, or after the ending date specified
in Section 1;
(c)
is not in strict accordance with the terms of this Agreement, including all
exhibits attached hereto;
(d)
has not been billed to CITY within 90 calendar days following billing to
CONTRACTOR, or termination of the Agreement, whichever date is
earlier; or
(e)
is not an allowable cost as defined by Section 11 of this Agreemem or the
project budget.
(4)
CITY shall not be liable for any cost or portion thereof which is incurred with
respect to any activity of CONTRACTOR requiring prior written authorization
form CITY, or after CITY has requested that CONTRACTOR furnish data
concerning such action prior to proceeding further, unless and umil CiTY advises
CONTRACTOR to proceed.
(5)
CITY shall not be obligated or liable under this Agreement to any party other than
CONTRACTOR for paymem of any monies or provision of any goods or
services.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are
funds which have been made available to CiTY by the Federal Governmem (U.S. Departmem of
Housing and Urban Developmem) under the Housing and Community Developmem Act of
1974, as amended, in accordance with an approved Gram Application and specific assurances.
Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of
the Housing and Community Developmem Act of 1974 (P.L. 93-383) as amended and with
regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way
meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law
or administrative ruling, or to narrow the standards which CONTRACTOR must follow.
CONTRACTOR further accrues and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify
CITY, as provided in Section 23 of this Agreement.
Page 3 of 26
CONTRACTOR agrees to abide by the conditions of and comply with the requirements
of the Office of Managemem and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as
applicable.
B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of DeNon.
Co
CONTRACTOR is required to comply with the applicable uniform administrative
requiremems as described in 24 CFR 570.502 and 24 CFR 570 subpart K with the
exceptions noted below:
CONTRACTOR does not assume CITY'S environmental responsibilities
described at CFR 570.604; and
(2)
CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52.
mo
Bo
Co
Do
REPRESENTATIONS
CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter
into this Agreement.
The person or persons signing and executing this Agreemem on behalf of
CONTRACTOR, do hereby warram and guaramee that he, she, or they have been fully
authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR
and to validly and legally bind CONTRACTOR to all terms, performances and
provisions herein set forth.
CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either
CONTRACTOR or the person signing the Agreement to enter into this Agreement.
CONTRACTOR is liable to CiTY for any money it has received from CiTY for
performance of the provisions of this Agreement if CITY has suspended or terminated
this Agreement for the reasons enumerated in this Section.
CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the
terms of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had this Agreemem
not been executed.
Page 4 of 26
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the activities and
services set out in the SCOPE OF SERVICES, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and
incorporated herein for all purposes and deemed by both parties to be necessary and sufficient
payment for full and satisfactory performance of the program, as determined solely by CiTY and
in accordance with all other terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Scope of Services without the prior
written approval of the City's Community Development Administrator.
PAYMENTS TO CONTRACTOR
Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totaling Twenty Four Thousand One Hundred and Eighty Dollars
($24,180.00) for services rendered under this Agreement. CiTY will pay these funds on a
reimbursement basis to the CONTRACTOR within twenty days after CITY has received
supporting documentation of eligible expenditures. CONTRACTOR's failure to request
reimbursement on a timely basis may jeopardize present or future funding.
Funds are to be used for the sole purpose of providing the services described in the Scope
of Services herein attached as Exhibit A and based on the budget herein attached as
Exhibit B.
Excess Payment. CONTRACTOR shall refund to CiTY within ten working days of
CiTY's request, any sum of money which has been paid by CiTY and which CiTY at any
time thereafter determines:
(1) has resulted in overpayment to CONTRACTOR; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Disallowed Costs. Upon termination of this Agreement, should any expense or change
for which payment has been made be subsequently disallowed or disapproved as a result
of any auditing or monitoring by CITY, the Department of Housing and Urban
Development, or any other Federal agency, CONTRACTOR will refund such amount to
CITY within ten working days of a written notice to CONTRACTOR, which specifies
the amount disallowed. Refunds of disallowed costs may not be made from these or any
funds received from or through CITY.
Page 5 of 26
Reversion of Assets.
CONTRACTOR, upon expiration of this Agreement shall transfer to the CITY
any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
(2)
If CITY finds that CONTRACTOR is unwilling and/or unable to comply with any
of the terms of this Contract, CITY may require a refund of any and all money
expended pursuant to this Contract by CONTRACTOR, as well as any remaining
unexpended funds which shall be refunded to CiTY within ten working days of a
written notice to CONTRACTOR to revert these financial assets.
Obligation of Funds. In the event that actual expenditure rates deviate from
CONTRACTOR's provision of a corresponding level of performance, as specified in
Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such
underexpended funds.
Contract Close Out. CONTRACTOR shall submit the Agreement close out package to
CITY, together with a final expenditure report, for the time period covered by the last
invoice requesting reimbursement of funds under this Agreement, within 15 working
days following the close of the Agreement period. CONTRACTOR shall utilize the form
agreed upon by CiTY and CONTRACTOR.
mo
Bo
Co
WARRANTIES
CONTRACTOR represents and warrants that:
All information, reports and data heretofore or hereafter requested by CITY and furnished
to CITY, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written
notice to CITY.
Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of
CONTRACTOR on the date shown on said report, and the results of the operation for the
period covered by the report, and that since said date, there has been no material change,
adverse or otherwise, in the financial condition of CONTRACTOR.
No litigation or legal proceedings are presently pending or threatened against
CONTRACTOR.
Page 6 of 26
None of the provisions herein contravene or are in conflict with the authority under which
CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR.
CONTRACTOR has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the
terms and conditions of this Agreement.
None of the assets of CONTRACTOR is subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial
statements furnished by CONTRACTOR to CITY.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
COVENANTS
During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, CONTRACTOR shall not, without the prior written
consent of the Community Development Administrator or her authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acquired by it, or permit any
pre-existing mortgages, liens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR which are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder.
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to CONTRACTOR by CITY, unless CiTY authorizes
such transfer.
CONTRACTOR agrees, upon written request by CITY, to require its employees to attend
training sessions sponsored by the Community Development Division.
Page 7 of 26
mo
Bo
Co
10.
ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly and specifically in the
performance of and in compliance with this Agreement and in conformance with the
standards and provisions of Exhibits A and B.
Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written
approval, even though certain items may appear herein. CITY's prior written
authorization is required in order for the following to be considered allowable costs:
Encumbrances or expenditures during any one month period which exceeds one-
tenth (1/10) of the total budget as specified in Exhibit B.
(2)
CITY shall not be obligated to any third parties, including any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract
service extending beyond the expiration of this Agreement.
(3) Out of town travel.
(4)
Any alterations or relocation of the facilities on and in which the activities
specified in Exhibit A are conducted.
(5)
Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exhibit B.
(6) Costs or fees for temporary employees or services.
(7) Any fees or payments for consultant services.
(8) Fees for attending out of town meetings, seminars or conferences.
Written requests for prior approval are CONTRACTOR's responsibility and shall be
made within sufficient time to permit a thorough review by CITY. CONTRACTOR must
obtain written approval by CITY prior to the commencement of procedures to solicit or
purchase services, equipment, or real or personal property. Any procurement or purchase
which may be approved under the terms of this Agreement must be conducted in its
entirety in accordance with the provisions of this Agreement.
Expenditures will not be reimbursed to CONTRACTOR for the purchase of real property
or equipment. These are not allowable costs under this agreement.
Page 8 of 26
mo
Bo
Co
Do
11.
PROGRAM INCOME
For purposes of this Agreement, program income means earnings of CONTRACTOR
realized from activities resulting from this Agreement or from CONTRACTOR's
management of funding provided or received hereunder. Such earnings include, but are
not limited to, income from interest, usage or rental or lease fees, income produced from
contract-supported services of individuals or employees or from the use or sale of
equipment or facilities of CONTRACTOR provided as a result of this Agreement, and
payments from clients or third parties for services rendered by CONTRACTOR under
this Agreement.
CONTRACTOR shall maintain records of the receipt and disposition of program income
in the same manner as required for other contract funds, and reported to CITY in the
format prescribed by CITY. CiTY and CONTRACTOR agree, that any fees collected for
services performed by CONTRACTOR shall be used for payment of costs associated
with service provision. Revenue remaining after payment of all program expenses for
service provision shall be considered Program income and shall be subject to all the
requirements of this Agreement and the regulations found at CFR, Section 570.504.
CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which
involve other income-producing services or activities.
It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the
performance thereof, constitutes program income. CONTRACTOR is responsible to
CITY for the repayment of any and all amounts determined by CITY to be program
income, unless otherwise approved in writing by CITY.
mo
12.
MAINTENANCE OF RECORDS
CONTRACTOR agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other
applicable Federal and State regulations establishing standards for financial management
including OMB Circulars A-87, A-110, A-122 and A-133 as applicable; Title 24 CFR
Section 570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs
incurred, audits, program income, administration and other activities and functions.
CONTRACTOR's record system shall contain sufficient documentation to provide in
detail full support and justification for each expenditure. Nothing in this Section shall be
construed to relieve CONTRACTOR of fiscal accountability and liability under any other
provision of this Agreement or any applicable law. CONTRACTOR shall include the
substance of this provision in all subcontracts.
Page 9 of 26
Bo
CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for five years.
Co
Nothing in the above subsections shall be construed to relieve CONTRACTOR of
responsibility for retaining accurate and current records which clearly reflect the level
and benefit of services provided under this Agreement.
Do
At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of their authorized representatives, all of its
records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excerpts and copies of such records, and to conduct audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions or employment and all
other data requested by said representatives.
13.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CONTRACTOR shall furnish such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement.
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less
than once each three months. The beneficiary report shall detail client information, including
race, income, female head of household and other statistics required by CITY. The financial
report shall include information and data relative to all programmatic and financial reporting as
of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports
shall be due to City within 15 working days after the completion of each quarter.
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent examiners in accordance with Generally Accepted Accounting
Principles. if the CONTRACTOR receives more than $500,000 in federal funding, the audit
must be conducted in accordance with OMB Circular A-133 as applicable within thirty days after
receipt of such audit.
14.
MONITORING AND EVALUATION
mo
CITY shall perform on-site monitoring of CONTRACTOR's performances under this
Agreement.
Bo
CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to
ensure adherence by CONTRACTOR to the Scope of Services, and Program Goals and
Page 10 of 26
Objectives, which are attached hereto as Exhibit A, as well as other provisions of this
Agreement.
Co
CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record-keeping systems and to provide data
determined by CITY to be necessary for CITY to effectively fulfill its monitoring and
evaluation responsibilities.
Do
CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in
such monitoring and to designate one of its staff to coordinate the monitoring process as
requested by CITY staff.
mo
After each official monitoring visit, CITY shall provide CONTRACTOR with a written
report of monitoring findings documenting findings and concerns that will require a
written response to the City. An acceptable response must be received by the City within
60 days from the CONTRACTOR's receipt of the monitoring report or audit review
letter. Future contract payments can be withheld for CONTRACTOR's failure to submit
a response within 60 days.
Fo
CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CITY within five working days of
receipt by CONTRACTOR.
15.
DIRECTORS' MEETINGS
During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
copies of all notices of meetings of its Board of Directors, setting forth the time and place
thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and
shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings.
Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY
within ten days after Board approval.
16.
INSURANCE
mo
CONTRACTOR shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement.
Bo
The premises on and in which the activities described in Exhibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance,
Page 11 of 26
Co
Do
mo
Fo
mo
Bo
Co
commonly referred to as "Owner/Tenant" coverage with CITY named as an additional
insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve
alternate insurance coverage arrangements.
CONTRACTOR will comply with applicable workers' compensation statues and will
obtain employers' liability coverage where available and other appropriate liability
coverage for program participants, if applicable.
CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles
owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who
are required to drive a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability insurance. Evidence of the
employee's current possession of a valid license and insurance must be maintained on a
current basis in CONTRACTOR's files.
Actual losses not covered by insurance as required by this Section are not allowable costs
under this Agreement, and remain the sole responsibility of CONTRACTOR.
The policy or policies of insurance shall contain a clause which requires that City and
Contractor be notified in writing of any cancellation of change in the policy at least 30
days prior to such change or cancellation.
17.
CIVIL RIGHTS / EQUAL OPPORTUNITY
CONTRACTOR shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations. The CONTRACTOR shall not discriminate
against any employee or applicant for employment because of race, color, creed, religion,
national origin, gender, age or disability. The CONTRACTOR will take affirmative
action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay or other forms of compensation and selection for training, including apprenticeship.
CONTRACTOR shall submit for CITY's approval, a written plan for compliance with
the Equal Employment and Affirmative Action Federal provisions, within 30 days of the
effective date of this Agreement
The CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and
Section 109 of Title 1 of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
Page 12 of 26
Co
CONTRACTOR will furnish all information and reports requested by the CITY, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state and Federal rules and regulations.
Do
In the event of CONTRACTOR's non-compliance with the non-discrimination
requirements, CITY may cancel or terminate the Agreement in whole or in part, and
CONTRACTOR may be barred from further contracts with CITY.
18.
PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available for
examination. Such personnel policies shall:
mo
Be no more liberal than CITY's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
fringe benefits, vacation and sick leave privileges, and travel; and
Bo
Be in writing and shall be approved by the governing body of CONTRACTOR and by
CITY.
mo
Bo
Co
19.
CONFLICT OF INTEREST
CONTRACTOR covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this Agreement.
CONTRACTOR further covenants that in the performance of this Agreement, no person
having such interest shall be employed or appointed as a member of its governing body.
CONTRACTOR further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his position for a purpose
that is or gives the appearance of being motivated by desire for private gain for himself,
or others, particularly those with which he has family, business, or other ties.
No officer, member, or employee of CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
Page 13 of 26
20.
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of
the immediate family of any person who is currently employed by CONTRACTOR, or is a
member of CONTRACTOR's governing board. The term "member of immediate family"
includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle,
nephew, niece, step-parent, step-child, half-brother and half-sister.
21.
POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be
employed by the CONTRACTOR with funds advanced pursuant to this Agreement shall be in
any way or to any extent engaged in any conduct or political activity in contravention of Chapter
15 of Title 5 of the United States Code.
B. The CONTRACTOR is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; sectarian or religious
activities, lobbying, political patronage or nepotism activities.
C. The CONTRACTOR agrees that none of the funds or services provided directly or
indirectly under this Agreement shall be used for any partisan political activity or to further the
election of defeat of any candidate for public office, or for publicity, lobbying and/or propaganda
purposes designed to support or defeat pending legislation. Employees of the CONTRACTOR
connected with any activity that is funded in whole or in part by funds provided to
CONTRACTOR under this Agreement may not under the term of this Agreement:
1. Use their official position or influence to affect the outcome of an election or
nomination.
2. solicit contributions for political purposes; or
3. take an active part in political management or in political campaigns.
CONTRACTOR hereby agrees to sign a Certification Regarding Lobbying included herein as
Exhibit "C" and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
22.
PUBLICITY
mo
Where such action is appropriate, CONTRACTOR shall publicize the activities
conducted by CONTRACTOR under this Agreement. In any news release, sign,
brochure, or other advertising medium, disseminating information prepared or distributed
by or for CONTRACTOR, the advertising medium shall state that the U.S. Department of
Page 14 of 26
Housing and Urban Developmem's Community Developmem Block Gram Program
funding through the City of Demon has made the project possible.
All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided in this Agreemem. When
material not originally developed is included in a report, the report shall idemify the
source in the body of the report or by footnote. This provision is applicable when the
material is in a verbatim or extensive paraphrase format.
All published material submitted under this project shall include the following reference
on the front cover or title page:
This document is prepared in accordance with the City of Demon's
Community Developmem Block Gram Program, with funding received
from the United States Department of Housing and Urban Development.
All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence and related material submitted by CONTRACTOR shall become the
property of CITY upon receipt.
23.
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreemem shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
CONTRACTOR may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of CITY.
CONTRACTOR shall request, in writing, the budget revision in a form prescribed by
CITY, and such request for revision shall not increase the total monetary obligation of
CITY under this Agreement. In addition, budget revisions cannot significantly change the
nature, intent, or scope of the program funded under this Agreement.
CONTRACTOR will submit revised budget and program information, whenever the
level of funding for CONTRACTOR or the program(s) described herein is altered
according to the total levels contained in any portion of Exhibit B.
It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective
date specified by the law or regulation.
Page 15 of 26
mo
CITY may, from time to time during the term of the Agreement, request changes in
Exhibit A, which may include an increase or decreased in the amount of
CONTRACTOR's compensation. Such changes shall be incorporated in a written
amendment hereto, as provided in Subsection A of this Section.
Fo
Any alterations, deletion, or additions to the Contract Budget Detail incorporated in
Exhibit B shall require the prior written approval of CITY.
Go
CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change.
Ho
CONTRACTOR shall notify CITY of any changes in personnel or governing board
composition.
It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs will be
permitted.
24.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time conditions and duties provided herein, CITY, without
limiting any rights it may otherwise have, may, at its discretion, and upon ten working days
written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice
may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR.
The notice shall set forth the default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish
corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension
period, if CiTY determines the default or deficiency has been satisfied, CONTRACTOR may be
restored to full compliance status and paid all eligible funds withheld or impounded during the
suspension period. If however, CITY determines that CONTRACTOR has not come into
compliance, the provisions of Section 25 may be effectuated.
mo
25.
TERMINATION
CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph:
Page 16 of 26
(1) CONTRACTOR's failure to attain compliance during any prescribed period of
suspension as provided in Section 24.
(2) CONTRACTOR's failure to materially comply with any of the terms of this
Agreement.
(3) CONTRACTOR's violation of covenants, agreements or guarantees of this
Agreement.
(4) Termination or reduction of funding by the United States Department of Housing and
Urban Development.
(5) Finding by CITY that CONTRACTOR:
(a)
is in such unsatisfactory financial condition as to endanger performance
under this Agreement;
(b) has allocated inventory to this Agreement substantially exceeding
reasonable requirements;
(c)
is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business.
(6)
Appointment of a trustee, receiver or liquidator for all or substantial part of
CONTRACTOR's property, or institution of bankruptcy, reorganization,
rearrangement of or liquidation proceedings by or against CONTRACTOR.
(7) CONTRACTOR's inability to conform to changes required by Federal, State and
local laws or regulations as provided in Section 4, and Section 2, of this Agreement.
(8) The commission of an act of bankruptcy.
(9) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is
bound or shall be bound under the terms of the Agreement.
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and
the effective date of termination. Simultaneous notice of pending termination maybe made to
other funding source specified in Exhibit B.
Bo
CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, CONTRACTOR will be paid an amount not to exceed the
total of accrued expenditures as of the effective date of termination. In no event will this
compensation exceed an amount which bears the same ratio to the total compensation as
Page 17 of 26
the services actually performed bears to the total services of CONTRACTOR covered by
the Agreement, less payments previously made.
CONTRACTOR may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside funding occurs upon which CONTRACTOR depends
for performance hereunder. CONTRACTOR may opt, within the limitations of this
Agreement, to seek an alternative funding source, with the approval of CITY, provided
the termination by the outside funding source was not occasioned by a breach of contract
as defined herein or as defined in a contract between CONTRACTOR and the funding
source in question.
CONTRACTOR may terminate this Agreement upon the dissolution of
CONTRACTOR's organization not occasioned by a breach of this Agreement.
Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise
terminate any outstanding orders or subcontracts, which relate to the performance of this
Agreement. CiTY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred after the termination
date listed on the notice to terminate referred to in this paragraph.
Notwithstanding any exercise by CITY of its right of suspension or termination,
CONTRACTOR shall not be relieved of liability to CiTY for damages sustained by
CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may
withhold any reimbursement to CONTRACTOR until such time as the exact amount of
damages due to CiTY from CONTRACTOR is agreed upon or otherwise determined.
26.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any
person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notice thereof to CITY within two working days after being notified of such claim,
demand, suit or other action. Such notice shall state the date and hour of notification of any such
claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation
or other entity making such claim, or that instituted or threatened to institute any type of action
or proceeding; the basis of such claim, action or proceeding; and the name of any person(s)
against whom such claim is being made or threatened. Such written notice shall be delivered
either personally or by mail.
27.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent contractor and that as such,
Page 18 of 26
CONTRACTOR shall save and hold CITY, its officers, agents and employees
harmless from all liability of any nature or kind, including costs and expenses for,
or on account of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the performance or
omission of any employee, agent or representative of CONTRACTOR.
CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits,
causes of action, demands, damages, losses, attorney fees, expenses, and liability
arising out of the use of these contracted funds and program administration and
implementation except to the extent caused by the willful act or omission of CITY,
its agents, employees, or contractors.
28.
NON-RELIGIOUS ACTIVITES
The CONTRACTOR will provide all services under this Agreement in a manner that is
exclusively non-religious in nature and scope. There shall be no religious services,
proselytizing, instruction or any other religious preference, influence or discrimination in
connection with providing the services hereunder.
29.
MISCELLANEOUS
CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust
company or other financial institution without the prior written approval of CITY.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
In no event shall any payment to CONTRACTOR hereunder, or any other act or failure
of CITY to insist in any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by CITY of any breach
of covenant or default which may then or subsequently be committed by
CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always specifically
preserved. No representative or agent of CITY may waive the effect of this provision.
This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
Page 19 of 26
mo
Fo
understanding or other commitment antecedent to this Agreement, whether written or
oral, shall have no force or effect whatsoever; nor shall an agreement, assertion,
statement, understanding, or other commitment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an amendmem of this
Agreement.
In the event any disagreement or dispute should arise between the parties hereto
pertaining to the interpretation or meaning of any part of this Agreement or its governing
rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to
HUD for matters of compliance, will have the final authority to render or to secure an
interpretation.
For purposes of this Agreement, all official communications and notices among the
parties shall be deemed made if sent postage paid to the parties and address set forth
below:
Go
of
TO CITY:
City Manager
City of DeNon
215 E. McKinney
Denton, Texas 76201
TO CONTRACTOR:
DeNon City County Day School
ATTN: Carolyn Berry, Executive Director
1603 Paisley
Denton, Texas 76209
This Agreemem shall be imerpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court competent
jurisdiction sitting in DeNon County, Texas.
IN WITNESS OF WHICH this Agreemem has been executed on this the
,2004.
day
CITY OF DENTON
BY:
MICHAEL A. CONDUFF
CITY MANAGER
Page 20 of 26
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY:
Denton City County Day School
BY:
EXECUTIVE DIRECTOR
ATTEST:
BOARD SECRETARY
Page 21 of 26
EXHIBIT A
SCOPE OF SERVICES
Denton City County Day School
The Scope of Services under this Agreemem shall be as follows:
SECTION I - ACTIVITY
ORGANIZATION shall provide childcare on a sliding scale to low
residems of DeNon based on income and family size.
and moderate-income
Beneficiaries of the services to be provided hereunder must reside in the City of DeNon and
ORGANIZATION shall provide children between the ages of 2 and 5 years old from low-
income households whose parems must be working and/or attending school full-time, or a
combination of going to school and working full-time to be eligible to enroll their child. Parems
will be required to volunteer at the childcare.
SECTION II - SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following
services:
Provide a safe, healthy environmem that will meet the developmem needs of the
child. Activities will be designed for each age group to meet the individual and
group needs. The curriculum will include education emphasizing effective earning
skills, creative arts, motor skills, physical developmem, speech developmem,
music, personal hygiene and manners.
Provide breakfast, lunch, and an afternoon snack for each child. All meals will
meet the USDA and Texas Department of Human Services Special Nutrition food
requiremems for children in childcare.
· Must be licensed by the Texas Department of Protective and Regulatory Services.
· Must meet or exceed the Texas Department of Human Services minimum
standards for Day Care Centers.
· Must be a North Cemral Texas Child Care Services designated vendor.
· Provide operation hours from 6:30 a.m. to 5:30 p.m. Monday through Friday.
Page 22 of 26
· Provide one English as a Second Language (ESL) classroom to children from
households that speak Spanish as their primary language.
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the ORGANIZATION can measure
performance under this agreemem. A unit of service shall be defined as childcare and
appropriate services to a household as described in Section II - Services
SECTION IV - GOALS
ORGANIZATION will conduct pre and post assessments to determine each child's mastery of
age appropriate development skills. Pre assessments will take place in September or when the
child begins the school. Post assessmems will take place in the spring. 75% of children will be
able to master 90% of the goals on the post assessment test.
ORGANIZATION shall provide the services listed in this Agreement within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the ORGANIZATION exceed the lesser of the
ORGANIZATIONS's costs attributable to the work performed as stated herein, or sum of Thirty-
Eight Thousand Dollars ($38,000).
SECTION IV - OUTCOMES
Direct Service Outcome
· Quality early childhood education in preparation for school readiness
· The children will be served at least one complete meal and at least one snack each day.
The meals and snacks will meet all nutrition requirements set forth by the State Child
Care Food Program.
· Increased parental involvement through the volunteer program.
Community Outcome
The DeNon City County Day School assists the City of DeNon in the provision of services
necessary to:
(1) ensure safe, affordable quality childcare is available to low-income families
(2) cominue allocation of scarce resources to meet urgem community needs, as outlined in
the 2000-2005 City of Demon Consolidated Plan as Human Services objectives.
The DeNon City County Day School benefits the citizens of the City of DeNon by providing
quality early childhood education as an imegral part of building a better community.
Page 23 of 26
Exhibit B
Budget
Denton City County Day School
Allowable Expenditure Budget Amount
Teacher Salaries $38,000.00
Total $38,000.00
The Demon City County Day School will be reimbursed on a fee for service basis for services
provided to residents of Denton. Denton City County Day School may submit monthly or
quarterly reimbursement requests for teacher salaries. Reimbursement requests must include
time sheets and copies of paychecks or pay stubs for the salaries for which reimbursemem is
being requested.
Page 24 of 26
Exhibit C
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with a Federal contract, grant,
loan or cooperative agreement, the undersigned shall complete and submit Standard
Form-ILL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this Certification be included in
the award documents for all subawards at all tiers (including subcontractors,
subgrants and contracts under grants, loans and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of the certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, title 31, US Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Grantee
Signature Title
Date: 2004-2005
Page 25 of 26
Exhibit D
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65% AMI
Low Income
65% AMI - <50% AMI
Very-Low Income
50% AMI - <30% AMI
Extremely-Low Income
_<30% AMI
$37,250- $30,251
$42,550 - $34,601
$47,900- $38,901
$53,200- $43,251
$57,450- $46,701
$61,700- $50,151
$65,950- $53,601
$70,200- $57,051
Source:
$30,250 - $23,301
$34,600 - $26,601
$38,900- $29,951
$43,250- $33,251
$46,700- $35,901
$50,150- $38,551
$53,600- $41,251
$57,050- $43,901
$23,300 - $13,951
$26,600 - $15,951
$29,950 - $17,951
$33,250- $19,951
$35,900- $21,551
$38,550- $23,151
$41,250- $24,751
$43,900- $26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
Page 26 of 26
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
November 2, 2004
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City of Demon authorizing an agreemem between the
City of Demon, Texas and the Demon County Friends of the Family for counseling and case
management to victims of domestic violence for low to moderate income families; providing for
the expenditure of funds therefore; and providing for an effective date.
BACKGROUND
The Human Services Advisory Committee recommended that the City of Demon provide
$28,900 from the general fund to Demon County Friends of the Family to provide services to
victims of domestic violence including the following:
1. Protective residential shelter for families with 24-hour service to shelter residents
2. Counseling to family members, to assist them in dealing with the emotional and physical
trauma of domestic violence.
3. Counseling services to victims of sexual assault and their families.
4. Provision of community education services concerning sexual assault and domestic
violence.
5. Provision of a toll free crisis hotline available 24 hours per day to all individuals in need
of access to domestic violence support issues, information and referral to other services.
6. Provision of child and adolescent treatmem services for children ages 3 through 17
include play therapy, activity therapy, individual and group therapy.
ESTIMATED PROJECT SCHEDULE
The funding agreement includes reimbursemem for services provided from October 1, 2004
through September 30, 2005.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Human Services Advisory Committee reviewed funding requests, developed a proposed
annual budget utilizing both Community Developmem Block Gram funds and City of Demon
General Fund dollars for human services. James McDade and Carol Bounds, HSAC members,
presemed the committee's revised recommendations to City Council on September 7, 2004.
FISCAL INFORMATION
Funding for the program has been allocated in the City of Demon 2004-2005 Annual Program of
Services.
EXHIBITS
1. Ordinance
2. Funding Agreement
Prepared by:
Wendy Nalls
Human Services Coordinator
Respectfully submitted:
Linda Ratliff
Director of Economic Development
S:\Our DocumentsSOrdinancesS04\Friends of the Family Ord (10-11-04 Version).DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON COUNTY FRIENDS OF THE FAMILY
FOR COUNSELING AND CASE MANAGEMENT TO VICTIMS OF DOMESTIC VIOLENCE
FOR LOW TO MODERATE INCOME FAMILIES; FINDING AN EXEMPTION FROM PUBLIC
BIDDING REQUIREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the DeNon County Friends of the Family, a Texas non-profit corporation, (the
"Organization") provides for professional counseling and case managemem to victims of domestic
violence for low to moderate income families in the City of DeNon, Texas (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreemem attached hereto and made a part hereof by reference (the "Public Service Agreemem");
and
WHEREAS, the Program is a part of the City's community developmem program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimental to the public health and safety by providing opportunities and services to low to
moderate persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residents by helping to insure that low to moderate
income families have adequate counseling services for domestic violence; and
WHEREAS, City Council finds that if the Program and the Public Service Agreemem are not
available, families would be at risk of further domestic violence, thereby creating a substamial health
and safety risk for citizens of DeNon; and
WHEREAS, the Program is supervised and administered by professional personnel which
maimain licenses as counselors or social workers; and
WHEREAS, City Council finds that the Public Service Agreemem and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Governmem Code and as a procuremem for professional services under Section
252.022(a)(4) of the Local Governmem Code; and
WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the
Public Service Agreemem serve importam municipal and public purposes and are in the public
Page 2
S:\Our DocumentsSOrdinancesS04\Friends of the Family Ord (10-11-04 Version).DOC
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreement and to carry out the duties and responsibilities of the City under the Public
Service Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. 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
2004-2005 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
FRIENDS OF THE FAMILY
This Agreement is hereby entered into by and between the City of Denton, Texas, a
Home Rule Municipal Corporation, hereinafter referred to as "City", and Friends of the Family,
P.O. Box 640, Denton, TX 76202, hereinafter referred to as "Organization";
WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the
proposal for services and has determined that Organization performs an important service for the
residents of Denton without regard to race, religion, color, age or national origin, and HSAC rec-
ommends the purchase of services; and
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose
of paying for contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used:
Provide protective residential shelter for families with 24-hour service to shelter resi-
dents.
Provide counseling, on both a residential and non-residential basis, to family members, to
assist them in dealing with the emotional and physical trauma of domestic violence.
C. Provide counseling services to victims of sexual assault and their families.
D. Provide community education services concerning sexual assault and domestic violence.
Provide a toll free crisis hotline available 24 hours per day to all individuals in need of
access to domestic violence support issues, information and referral to other services.
Provide child and adolescent treatment services for children ages 3 through 17 include
play therapy, activity therapy, individual and group therapy.
Organization shall perform those services described in the Work Statement herein attached as
Exhibit A.
Page 1 of 19
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
Twenty Eight Thousand and Nine Hundred Dollars ($28,900.00) may be paid to Organi-
zation by City, and the only expenditures reimbursed from these funds, shall be those in
accordance with the project budget, attached hereto as Exhibit B and incorporated herein
by reference, for those expenses listed in the scope of services as provided herein. Or-
ganization shall not utilize these funds for any other purpose.
It will establish, operate, and maintain an account system for this program that will allow
for a tracing of funds and a review of the financial status of the program.
C. It will permit authorized officials of City to review its books at any time.
It will reduce to writing all of its rules, regulations, and policies and file a copy with
City's Community Development Division along with any amendments, additions, or revi-
sions whenever adopted.
It will not enter into any contracts that would encumber City funds for a period that
would extend beyond the term of this Agreement.
It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to City's Community Develop-
ment Division for further direction.
It will appoint a representative who will be available to meet with City officials when re-
quested.
It will indemnify and hold harmless City from any and all claims and suits arising out of
the activities of Organization, its employees, and/or contractors.
I. It will submit to City copies of year-end audited financial statements.
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within
the following time frame:
October 1, 2004 through September 30, 2005, unless the contract is sooner terminated
under Section 7 "Suspension or Termination".
Page 2 of 19
mo
mo
Bo
Co
Do
mo
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Organization shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
REPRESENTATIONS
Organization assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement.
The person or persons signing and executing this Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by Or-
ganization to execute this Agreement on behalf of Organization and to validly and legally
bind Organization to all terms, performances and provisions herein set forth.
City shall have the right, at its option, to either temporarily suspend or permanently ter-
minate this Agreement if there is a dispute as to the legal authority of either Organization
or the person signing the Agreement to enter into this Agreement. Organization is liable
to City for any money it has received from City for performance of the provisions of this
Agreement if City has suspended or terminated this Agreement for the reasons enumer-
ated in this Section.
Organization agrees that the funds and resources provided Organization under the terms
of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, Organization had this Agreement not
been executed.
COVENANTS
During the period of time that payment may be made hereunder and so long as any pay-
ments remain unliquidated, Organization shall not, without the prior written consent of
the Community Development Administrator or her authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Organization now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any
assets of Organization which are allocated to the performance of this Agreement
and with respect to which City has ownership hereunder.
Page 3 of 19
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person, en-
tity or corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to Organization by City, unless City authorizes such trans-
fer.
Organization agrees, upon written request by City, to require its employees to attend
training sessions sponsored by the Community Development Division.
PAYMENTS
PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of
money not to exceed Twenty Eight Thousand and Nine Hundred Dollars ($28,900.00) for
services rendered under this Agreement. City will pay these funds on a reimbursement
basis to Organization within 20 days after City has received supporting documentation.
Organization's failure to request reimbursement on a timely basis, may jeopardize present
or future funding.
EXCESS PAYMENT. Organization shall refund to City within ten working days of City's
request, any sum of money which has been paid by City and which City at any time
thereafter determines:
(1) has resulted in overpayment to Organization; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Organization's reimbursement request for any one month period will not exceed one-
tenth (1/10) of any budgeted line items for costs as specified in Exhibit B.
DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures
deviate from Organization's provision of a corresponding level of performance, as speci-
fied in Exhibit A, City hereby reserves the right to reappropriate or recapture any such
under expended funds. If City finds that Organization is unwilling and/or unable to com-
ply with any of the terms of this Contract, City may require a refund of any and all
Page 4 of 19
mo
mo
Bo
Co
Do
money expended pursuant to this Contract by Organization, as well as any remaining un-
expended funds which shall be refunded to City within ten working days of a written no-
tice to Organization to revert these financial assets. The reversion of these financial as-
sets shall be in addition to any other remedy available to City either at law or in equity for
breach of this Contract.
CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within 15 working days fol-
lowing the close of the contract period. Organization shall utilize the form agreed upon
by City and Organization.
MAINTENANCE OF RECORDS
Organization agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in compli-
ance with the provisions of Exhibit B, attached hereto, and with any other applicable
Federal and State regulations establishing standards for financial management. Organiza-
tion's record system shall contain sufficient documentation to provide in detail full sup-
port and justification for each expenditure. Nothing in this Section shall be construed to
relieve Organization of fiscal accountability and liability under any other provision of this
Agreement or any applicable law. Organization shall include the substance of this provi-
sion in all subcontracts.
Organization agrees to retain all books, records, documents, reports, and written account-
ing procedures pertaining to the operation of programs and expenditures of funds under
this Agreement for five years.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
At any reasonable time and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data re-
quested by said representatives.
Page 5 of 19
REPORTS AND INFORMATION
At such times and in such form as City may require, Organization shall furnish such
statements, records, data and information as City may request and deem pertinent to matters cov-
ered by this Agreement.
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months. The beneficiary report shall detail client information, including race,
income, female head of household and other statistics required by City. The financial report shall
include information and data relative to all programmatic and financial reporting as of the begin-
ning date specified in Section 1 of this Agreement.
Unless the City has granted a written exemption, Organization shall submit an audit con-
ducted by independent examiners with ten days after receipt of such.
10.
EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Organization agrees to make available its financial
records for review by City at City's discretion. In addition, Organization agrees to provide City
the following data and reports, or copies thereof:
All external or internal audits. Organization shall submit a copy of the annual independ-
ent audit to City within ten days of receipt.
B. All external or internal evaluation reports.
Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Community Develop-
ment Division including but not limited to: number of persons or households assisted,
race, gender, disability status and household income. Beneficiary reports shall be due to
City within 15 working days after the completion of each quarter.
Organization agrees to submit quarterly financial statements in January, April, July, and
September. Each statement shall include current and year-to-date period accounting of
all revenues, expenditures, outstanding obligations and beginning and ending balances.
Financial reports shall be due to City within 15 working days after the completion of each
quarter.
E. An explanation of any major changes in program services.
Page 6 of 19
To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and
the services performed under this Agreement. Organization's record system shall contain
sufficient documentation to provide in detail full support and justification for each ex-
penditure. Organization agrees to retain all books, records, documents, reports, and writ-
ten accounting procedures pertaining to the services provided and expenditure of funds
under this Agreement for the period of time and under the conditions specified by the
City.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
11.
DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver to City copies of all notices
of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall
be delivered to City in a timely manner to give adequate notice, and shall include an agenda and
a brief description of the matters to be discussed. Organization understands and agrees that
City's representatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Organization's governing body shall be available to City
within 10 days after Board approval.
12.
SUSPENSION OR TERMINATION
The City may terminate this Agreement with cause if the Organization violates any cove-
nants, agreements, or guarantees of this Agreement, the Organization's insolvency or fil-
ing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law
or regulation to which it is bound under the terms of this Agreement.
The City may terminate this Agreement for convenience at any time. If the City termi-
nates this Agreement for convenience, Organization will be paid an amount not to exceed
the total amount of accrued expenditures as of the effective date of termination. In no
event will this compensation exceed an amount, which bears the same ratio to the total
compensation as the services actually performed bears to the total services of Organiza-
tion covered by the Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions prece-
dent to the resumption of funding and specify a reasonable date for compliance.
Page 7 of 19
nation.
A.
In case of termination, Organization will remit to City any unexpended City funds. Ac-
ceptance of these funds shall not constitute a waiver of any claim City may otherwise
have arising out of this Agreement.
13.
PERSONNEL POLICIES
Personnel policies shall be established by Organization and shall be available for exami-
Such personnel policies shall:
Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
fringe benefits, vacation and sick leave privileges, and travel; and
Be in writing and shall be approved by the governing body of Organization and by City.
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
Organization will submit for City approval, a written plan for compliance with the Equal
Employment and Affirmative Action Federal provisions, within one hundred twenty
(120) days of the effective date of this Agreement.
Organization shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations.
Organization will furnish all information and reports requested by City, and will permit
access to its books, records, and accounts for purposes of investigation to ascertain com-
pliance with local, State and Federal rules and regulations.
In the event of Organization's non-compliance with the non-discrimination requirements,
the Agreement may be canceled, terminated, or suspended in whole or in part, and Or-
ganization may be barred from further contracts with City.
15.
WARRANTIES
Organization represents and warrants that:
All information, reports and data heretofore or hereafter requested by City and furnished
to City, are complete and accurate as of the date shown on the information, data, or re-
port, and, since that date, have not undergone any significant change without written no-
tice to City.
Page 8 of 19
Bo
Co
Do
mo
Fo
mo
Bo
Co
Any supporting financial statements heretofore requested by City and furnished to City,
are complete, accurate and fairly reflect the financial conditions of Organization on the
date shown on said report, and the results of the operation for the period covered by the
report, and that since said date, there has been no material change, adverse or otherwise,
in the financial condition of Organization.
No litigation or legal proceedings are presently pending or threatened against Organiza-
tion.
None of the provisions herein contravene or are in conflict with the authority under which
Organization is doing business or with the provisions of any existing indenture or agree-
ment of Organization.
Organization has the power to enter into this Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and con-
ditions of this Agreement.
None of the assets of Organization are subject to any lien or encumbrance of any charac-
ter, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
16.
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
Organization may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of the Community
Development Administrator for the City. Organization shall request, in writing, the
budget revision in a form prescribed by City, and such request for revision shall not in-
crease the total monetary obligation of City under this Agreement. In addition, budget
revisions cannot significantly change the nature, intent, or scope of the program funded
under this Agreement.
Organization will submit revised budget and program information, whenever the level of
funding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B.
Page 9 of 19
It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation.
City may, from time to time during the term of the Agreement, request changes in Exhibit
A which may include an increase or decrease in the amount of Organization's compensa-
tion. Such changes shall be incorporated in a written amendment hereto, as provided in
Subsection A of this Section.
Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex-
hibit B shall require the prior written approval of City.
Organization agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
Organization shall notify City of any changes in personnel or governing board composi-
tion.
It is expressly understood that neither the performance of Exhibit A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be per-
mitted.
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against Organization, Organization shall give written no-
tice thereof to City within two working days after being notified of such claim, demand, suit or
other action. Such notice shall state the date and hour of notification of any such claim, demand,
suit or other action; the names and addresses of the person(s), firm, corporation or other entity
making such claim, or that instituted or threatened to institute any type of action or proceeding;
the basis of such claim, action or proceeding; and the name of any person(s) against whom such
claim is being made or threatened. Such written notice shall be delivered either personally or by
mail.
18.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Organization
shall save and hold City, its officers, agents and employees harmless from all liabil-
ity of any nature or kind, including costs and expenses for, or on account of, any
Page 10 of 19
mo
Bo
Co
Do
mo
Fo
claims, audit exceptions, demands, suits or damages of any character whatsoever re-
sulting in whole or in part from the performance or omission of any employee, agent
or representative of Organization.
Organization agrees to provide the defense for, and to indemnify and hold harmless
City its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of
the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of City, its agents or em-
ployees.
19.
INSURANCE
Organization shall observe sound business practices with respect to providing such bond-
ing and insurance as would provide adequate coverage for services offered under this
Agreement.
The premises on and in which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with City named as an additional in-
sured. Upon request of Organization, City may, at its sole discretion, approve alternate
insurance coverage arrangements.
Organization will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization. All employees of Organization who are re-
quired to drive a vehicle in the normal scope and course of their employment must pos-
sess a valid Texas Driver's license and automobile liability insurance. Evidence of the
employee's current possession of a valid license and insurance must be maintained on a
current basis in Organization's files.
Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization.
The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
Page 11 of 19
20.
CONFLICT OF INTEREST
mo
Organization covenams that neither it nor any member of its governing body presemly
has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreemem. Organization
further covenants that in the performance of this Agreement, no person having such inter-
est shall be employed or appoimed as a member of its governing body.
Bo
Organization further covenams that no member of its governing body or its staff, subcon-
tractors or employees shall possess any interest in or use his/her position for a purpose
that is or gives the appearance of being motivated by desire for private gain for him-
self/herself, or others; particularly those with which he/she has family, business, or other
ties.
Co
No officer, member, or employee of City and no member of its governing body who ex-
ercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
21.
NEPOTISM
Organization shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is curremly employed by Organization, or is a member of
Organization's governing board. The term "member of immediate family" includes: wife, hus-
band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar-
eM, stepchild, half-brother and half-sister.
22.
NOTICE
Any notice or other written instrumem required or permitted to be delivered under the
terms of this Agreemem shall be deemed to have been delivered, whether actually received or
not, when deposited in the United States mail, postage prepaid, registered or certified, return re-
ceipt requested, addressed to Organization or City, as the case may be, at the following ad-
dresses:
CITY ORGANIZATION
City of DeNon, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Friends of the Family
ATTN: Executive Director
P.O. Box 640
Denton, TX 76202
Page 12 of 19
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
mo
Bo
Co
Do
mo
Fo
23.
MISCELLANEOUS
Organization shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re-
maining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
In no event shall any payment to Organization hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of this Agree-
ment constitute or be construed in any way to be a waiver by City of any breach of cove-
nant or default which may then or subsequently be committed by Organization. Neither
shall such payment, act, or omission in any manner impair or prejudice any right, power,
privilege, or remedy available to City to enforce its rights hereunder, which rights, pow-
ers, privileges, or remedies are always specifically preserved. No representative or agent
of City may waive the effect of this provision.
This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding, or other commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed in writ-
ing, and if appropriate, recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertain-
ing to the interpretation or meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD
for matters of compliance, will have the final authority to render or to secure an interpre-
tation.
This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court of competent juris-
diction sitting in Denton County, Texas.
Page 13 of 19
iN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of ,2004.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
MICHAEL A. CONDUFF
CITY MANAGER
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY:
FRIENDS OF THE FAMILY
ATTEST:
BY:
EXECUTIVE DIRECTOR
BY:
BOARD SECRETARY
Page 14 of 19
EXHIBIT A
SCOPE OF SERVICES
Friends of the Family
The Scope of Services under this Agreemem shall be as follows:
SECTION I - ACTIVITY
ORGANIZATION shall provide services related to relationship violence.
Beneficiaries of the services to be provided hereunder must reside in the City of Demon and
ORGANIZATION shall provide services to low to moderate-income individuals; however, cli-
ems will be accepted without regard to income level, age, gender, race, national origin, physical
handicap, sexual preference, or political persuasion.
SECTION II - SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following ser-
vices:
· Meet or exceed the shelter guidelines of the appropriate licensing or accreditation entity.
· Provide a toll free, 24-hour crisis hotline available to residems of Demon in a relationship
violence crisis, sexual assault crisis or in need of information and referral.
· Provide protective residential shelter for families with 24-hour service to shelter resi-
dents.
· Provide relationship violence outreach including community education to all residems of
Demon with an emphasis on low-income areas of the community.
· Provide a sexual assault program including a rape crisis team on call 24 hours per day to
advocate for the victim, a Rape Crisis Advocate, information and support, and individual
and group counseling.
· Provide child and adolescem treatmem services for ages 3 through 17 including play
therapy, activity therapy, and individual and group therapy.
· Provide a batterers intervention program geared to facilitate the batterer to take responsi-
bility for his or her abusive behavior and generate non-comrolling, non-abusive behaviors
to handle situations.
Page 15 of 19
· Provide a parenting program designed specifically for families experiencing crisis and
extreme stress or refer victims of domestic violence to such a program in the community..
· Work with other human service agencies to assist homeless or potentially homeless fami-
lies to achieve self-sufficiency.
· Work with local homeless providers to provide housing and transitional services to home-
less and potentially homeless families who are victims of domestic violence and/or sexual
assault.
· Participate in the Denton County Homeless Coalition and provide statistical information
to the Denton County Homeless Coalition upon request in a reasonable time frame.
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the ORGANIZATION can measure
performance under this agreement. A unit of service shall be defined as services provided to an
individual as described in Section II - Services
SECTION IV- GOALS
ORGANIZATION shall provide not less than 500 units of service. The total number of units of
service required constitutes the performance target for the ORGANIZATION under this Agree-
ment. The ORGANIZATION will assist at least 12 City of Denton households to move from the
shelter into a transitional housing or permanent housing program during the term on this Agree-
ment.
ORGANIZATION shall provide the services listed in this Agreement within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the ORGANIZATION exceed the lesser of the ORGANIZA-
TION's costs attributable to the work performed as stated herein, or sum of Twenty Eight Thou-
sand and Nine Hundred Dollars ($28,900.00).
Direct Service Outcome
SECTION IV - OUTCOMES
· Crisis intervention and assistance in a relationship violence crisis and/or sexual assault
crisis.
Page 16 of 19
· Protective residential shelter and transition to housing.
· Batterer's intervention to generate non-controlling, non-abusive behaviors to handle
situations.
· Increased parenting skills and family support network for families experiencing crisis and
extreme stress or victims of domestic violence.
· Assist to homeless or potentially homeless families to achieve self-sufficiency.
Community Outcome
Denton County Friends of the Family assists the City of Denton in the provision of services nec-
essary to (1) prevent and reduce relationship violence (2) continue allocation of scarce resources
to meet urgent community needs, as outlined in the 2000-2005 City of Denton Consolidated Plan
as Human Services objectives. Denton County Friends of the Family benefits the citizens of the
City of Denton and supports a coordinated effort to maximize community resources by working
with other service providers.
Page 17 of 19
Exhibit B
Budget
Denton County Friends of the Family
Allowable Expenditure
Employee Salaries
Budget Amount
$28,900
Total $28,900
Denton County Friends of the Family will be reimbursed on fee for service basis for the
salaries of direct care staff only.
Page 18 of 19
Date:
2003-2004
Exhibit C
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65% AMI
Low Income
65% AMI - <50% AMI
Very-Low Income
50% AMI - <30% AMI
Extremely-Low Income
_<30% AMI
$37,250- $30,251
$42,550 - $34,601
$47,900- $38,901
$53,200- $43,251
$57,450- $46,701
$61,700- $50,151
$65,950- $53,601
$70,200- $57,051
Source:
$30,250 - $23,301
$34,600 - $26,601
$38,900- $29,951
$43,250- $33,251
$46,700- $35,901
$50,150- $38,551
$53,600- $41,251
$57,050- $43,901
$23,300 - $13,951
$26,600 - $15,951
$29,950 - $17,951
$33,250- $19,951
$35,900- $21,551
$38,550- $23,151
$41,250- $24,751
$43,900- $26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
Page 19 of 19
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
November 2, 2004
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City of Demon authorizing an agreemem between the
City of Demon, Texas and the Family Health Care, inc. for prenatal health care for low to
moderate income persons; providing for the expenditure of funds therefore; and providing for an
effective date.
BACKGROUND
The Human Services Advisory Committee recommended that the City of Demon provide
$26,000 from Community Developmem Block Grams funds to Family Health Care, inc. to
provide prenatal care to non-Medicaid eligible pregnam women residing in the City of Demon.
Services will include the following:
1. Initial prenatal visit with history.
2. Physical exam, lab work and sonograms.
3. Socialworker assessmem
4. Work with the Denton County Health Department to provide outreach on prenatal care
and participate with the Denton County Health Department on any infant mortality
projects or work groups.
5. Referral to childbirth and parenthood classes
6. Advanced Practice Nurses (APN) will provide cliem care and consult with the
supervising physicians as appropriate
ESTIMATED PROJECT SCHEDULE
The funding agreement includes reimbursemem for services provided from October 1, 2004
through September 30, 2005.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Human Services Advisory Committee reviewed funding requests, developed a proposed
annual budget utilizing both Community Developmem Block Gram funds and City of Demon
General Fund dollars for human services. James McDade and Carol Bounds, HSAC members,
presemed the committee's revised recommendations to City Council on September 7, 2004.
FISCAL INFORMATION
Funding for the program has been allocated in the City of Demon 2004-2005 Annual Program of
Services.
EXHIBITS
1. Ordinance
2. Funding Agreement
Prepared by:
Wendy Nalls
Human Services Coordinator
Respectfully submitted:
Linda Ratliff
Director of Economic Development
S:\Our DocumentsSOrdinancesS04\Family Health Care Ord ( 10-11-04 Version).DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND FAMILY HEALTH CARE INCORPORATED FOR
PRENATAL SERVICES FOR LOW-INCOME FAMILIES; FIND1NG AN EXEMPTION FROM
PUBLIC BIDDING REQUIREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Family Health Care, Inc., a Texas non-profit corporation, (the
"Organization") provides for prenatal services to low-income families (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreemem attached hereto and made a part hereof by reference (the "Public Service Agreemem");
and
WHEREAS, the Program is a part of the City's community developmem program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimemal to the public health and safety by providing opportunities and services to low-income
persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residems by helping to insure that low-income
families have prenatal services; and
WHEREAS, City Council finds that if the Program and the Public Service Agreemem are not
available, the low-income women would be at increased risk for Gestational Diabetes, low-birth
weight infant, infant mortality, and other health problems, thereby creating a substantial health and
safety risk for citizens of DeNon; and
WHEREAS, the Program is supervised and administered by professional personnel which are
licensed medical professionals and are monitored by the State Health Department; and
WHEREAS, City Council finds that the Public Service Agreemem and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Governmem Code and as a procuremem for professional services under Section
252.022(a)(4) of the Local Governmem Code; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procuremem 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
Page 2
S:\Our DocumentsSOrdinancesS04\Family Health Care Ord (10-11-04 Version).DOC
competence, knowledge, and qualifications, and for a fair and reasonable price; and
WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the
Public Service Agreemem serve importam municipal and public purposes and are in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference imo the body of this ordinance as if fully set forth herein.
SECTION 2: That the award of this Agreemem by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington
to perform the professional services needed by the City for a fair and reasonable price.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreemem and to carry out the duties and responsibilities of the City under the Public
Service Agreemem, including the expenditure of funds as provided in the Public Agreemem.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
2004-2005
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON AND
FAMILY HEALTH CARE, INCORPORATED
This Agreemem is made and emered imo by and between the City of DeNon, a Texas
municipal corporation, acting by and through its City Manager, pursuam to ordinance, hereinaf-
ter referred to as CITY, and Family Health Care, inc, PO BOX 1611, Denton, TX 76202, a
Texas non-profit corporation, hereinafter referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U.S. Departmem of Housing and
Urban Development under Title i of the Housing and Community Development Act of 1974, as
amended; and
WHEREAS, CITY has adopted a budget for such funds and included therein an author-
ized budget for expenditure of funds for; and
WHEREAS, CITY has designated the Community Developmem Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
This Agreemem shall commence on or as of October 1, 2004 and shall terminate on Sep-
tember 30, 2005 unless sooner terminated in accordance with Section 25 "Termination".
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services and
activities described in the Scope of Services attached hereto as Exhibit A, and incorporated
herein by reference, in a satisfactory and efficiem manner as determined by CITY, in accordance
with the terms herein. CITY will consider CONTRACTOR's executive officer to be CON-
TRACTOR's representative responsible for the management of all contractual matters pertaining
hereto, unless written notification to the contrary is received from CONTRACTOR, and ap-
proved by CITY.
The CITY's Community Developmem Administrator will be CITY's represemative re-
sponsible for the administration of this Agreemem.
Beneficiaries of the activities to be provided hereunder must reside in the City of Demon
and CONTRACTOR certifies that the activities carried out with Community Developmem Block
Gram funds shall meet the program's National Objective of benefit to low and moderate-income
persons. CONTRACTOR shall provide services to persons whose income is equal to or lower
than 80% of the median income of the Dallas standard metropolitan statistical area. To accom-
plish this, the CONTRACTOR shall use the currem applicable income limits published by the
Department of Housing and Urban Development for lower income housing assistance under Sec-
tion 8 of the United States Housing Act of 1937 herein attached as Exhibit D. income eligibility
shall be determined by the sum of the gross income of all individuals residing in the household.
Services must be provided directly to or on behalf of specific idemified eligible cliems. Eligibil-
ity documemation must be included in each cliem's file and updated at least once during the con-
tract period.
CITY'S OBLIGATION
Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursu-
ant and in accordance with the project budget attached hereto as Exhibit B and the Scope
of Services herein attached as Exhibit A and incorporated herein by reference. Notwith-
standing any other provision of the Agreement, the total of all payments and other obliga-
tions made or incurred by CiTY hereunder shall not exceed the sum of Thirty Thousand
Dollars ($30,000.00).
Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by CONTRACTOR and receipt of a requisition for paymem with appropriate
documentation of expenditures, CITY shall make payments to CONTRACTOR based on
the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject
to the limitations and provisions set forth in this Section and Section 7 of this Agreement.
Payments may be contingent upon certification of the CONTRACTOR's financial man-
agement system in accordance with the standards specified in OMB Circular A-110.
(1)
The parties expressly understand and agree that CITY's obligations under this
Section are contingent upon the actual receipt of adequate Community Develop-
mere Block Gram (CDBG) funds to meet CiTY's liabilities under this Agreemem.
If adequate funds are not available to make payments under this Agreement,
CITY shall notify CONTRACTOR in writing within a reasonable time after such
fact has been determined. CITY may, at its option, either reduce the amount of its
liability, as specified in Subsection A of this Section or terminate the Agreemem.
if CDBG funds eligible for use for purposes of this Agreemem are reduced, CiTY
shall not be liable for further paymems due to CONTRACTOR under this Agree-
ment.
S:\OurD ........ \C ........ \04\Family llcal/h04.DOC Page 2 of 26
It is expressly understood that this Agreement in no way obligates the General
Fund or any other monies or credits of the City of Demon.
(3) CITY shall not be liable for any cost or portion thereof which:
(a)
has been paid, reimbursed or is subject to paymem or reimbursemem,
from any other source;
(b)
was incurred prior to the beginning date, or after the ending date specified
in Section 1;
(c)
is not in strict accordance with the terms of this Agreement, including all
exhibits attached hereto;
(d)
has not been billed to CITY within 90 calendar days following billing to
CONTRACTOR, or termination of the Agreement, whichever date is ear-
lier; or
(e)
is not an allowable cost as defined by Section 11 of this Agreemem or the
project budget.
(4)
CITY shall not be liable for any cost or portion thereof which is incurred with re-
spect to any activity of CONTRACTOR requiring prior written authorization
from CITY, or after CITY has requested that CONTRACTOR furnish data con-
cerning such action prior to proceeding further, unless and umil CiTY advises
CONTRACTOR to proceed.
(5)
CITY shall not be obligated or liable under this Agreement to any party other than
CONTRACTOR for paymem of any monies or provision of any goods or ser-
vices.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are
funds which have been made available to CiTY by the Federal Governmem (U.S. Departmem of
Housing and Urban Developmem) under the Housing and Community Developmem Act of
1974, as amended, in accordance with an approved Gram Application and specific assurances.
Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of
the Housing and Community Developmem Act of 1974 (P.L. 93-383) as amended and with regu-
lations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way mean
to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or ad-
ministrative ruling, or to narrow the standards which CONTRACTOR must follow.
S:\OurD ........ \C ........ \04\Familylloal/h04.DOC Page 3 of 26
CONTRACTOR further accrues and certifies that if the regulations and issuances prom-
ulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as
provided in Section 23 of this Agreemem.
CONTRACTOR agrees to abide by the conditions of and comply with the requirements
of the Office of Managemem and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as ap-
plicable.
B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of DeNon.
Co
CONTRACTOR is required to comply with the applicable uniform administrative re-
quiremems as described in 24 CFR 570.502 and 24 CFR 570 subpart K with the excep-
tions noted below:
(1) CONTRACTOR does not assume CITY'S environmemal responsibilities
described at CFR 570.604; and
(2)
CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52.
mo
Bo
Co
Do
REPRESENTATIONS
CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter
into this Agreement.
The person or persons signing and executing this Agreemem on behalf of CONTRAC-
TOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by
CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly
and legally bind CONTRACTOR to all terms, performances and provisions herein set
forth.
CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either CON-
TRACTOR or the person signing the Agreement to enter into this Agreement. CON-
TRACTOR is liable to CiTY for any money it has received from CiTY for performance
of the provisions of this Agreement if CITY has suspended or terminated this Agreement
for the reasons enumerated in this Section.
CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the
terms of this Agreement will in no way be substituted for funds and resources from other
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 4 of 26
sources, nor in any way serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had this Agreement
not been executed.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the activities and
services set out in the SCOPE OF SERVICES, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorpo-
rated herein for all purposes and deemed by both parties to be necessary and sufficient payment
for full and satisfactory performance of the program, as determined solely by CiTY and in ac-
cordance with all other terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Scope of Services without the prior
written approval of the City's Community Development Administrator.
PAYMENTS TO CONTRACTOR
Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totaling $30,000.00 for services rendered under this Agreement. CiTY
will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days
after CiTY has received supporting documentation of eligible expenditures. CONTRAC-
TOR's failure to request reimbursement on a timely basis may jeopardize present or fu-
ture funding.
Funds are to be used for the sole purpose of providing the services described in the Scope
of Services herein attached as Exhibit A and based on the budget herein attached as Ex-
hibit B.
Excess Payment. CONTRACTOR shall refund to CiTY within ten working days of
CiTY's request, any sum of money which has been paid by CiTY and which CiTY at any
time thereafter determines:
(1) has resulted in overpayment to CONTRACTOR; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Disallowed Costs. Upon termination of this Agreement, should any expense or change
for which payment has been made be subsequently disallowed or disapproved as a result
of any auditing or monitoring by CITY, the Department of Housing and Urban Develop-
ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY
S:\OurD ........ \C ........ \04\FamilylIcal/h04.DOC Page 5 of 26
within ten working days of a written notice to CONTRACTOR, which specifies the
amount disallowed. Refunds of disallowed costs may not be made from these or any
funds received from or through CITY.
Reversion of Assets.
CONTRACTOR, upon expiration of this Agreement shall transfer to the CITY
any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
(2)
If CITY finds that CONTRACTOR is unwilling and/or unable to comply with any
of the terms of this Contract, CITY may require a refund of any and all money
expended pursuant to this Contract by CONTRACTOR, as well as any remaining
unexpended funds which shall be refunded to CiTY within ten working days of a
written notice to CONTRACTOR to revert these financial assets.
Obligation of Funds. In the event that actual expenditure rates deviate from CON-
TRACTOR's provision of a corresponding level of performance, as specified in Exhibit
A, CITY hereby reserves the right to reappropriate or recapture any such underexpended
funds.
Contract Close Out. CONTRACTOR shall submit the Agreement close out package to
CITY, together with a final expenditure report, for the time period covered by the last in-
voice requesting reimbursement of funds under this Agreement, within 15 working days
following the close of the Agreement period. CONTRACTOR shall utilize the form
agreed upon by CiTY and CONTRACTOR.
mo
Bo
WARRANTIES
CONTRACTOR represents and warrants that:
All information, reports and data heretofore or hereafter requested by CITY and fur-
nished to CITY, are complete and accurate as of the date shown on the information, data,
or report, and, since that date, have not undergone any significant change without written
notice to CITY.
Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of CONTRAC-
TOR on the date shown on said report, and the results of the operation for the period cov-
ered by the report, and that since said date, there has been no material change, adverse or
otherwise, in the financial condition of CONTRACTOR.
S:\OurD ........ \U ........ \(,4\Family lIcal/h(,4.DOC Page 6 of 26
No litigation or legal proceedings are presently pending or threatened against CON-
TRACTOR.
None of the provisions herein contravene or are in conflict with the authority under which
CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR.
CONTRACTOR has the power to enter into this Agreement and accept payments here-
under, and has taken all necessary action to authorize such acceptance under the terms
and conditions of this Agreement.
None of the assets of CONTRACTOR is subject to any lien or encumbrance of any char-
acter, except for current taxes not delinquent, except as shown in the financial statements
furnished by CONTRACTOR to CITY.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
COVENANTS
During the period of time that payment may be made hereunder and so long as any pay-
ments remain unliquidated, CONTRACTOR shall not, without the prior written consent
of the Community Development Administrator or her authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acquired by it, or permit any
pre-existing mortgages, liens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR which are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder.
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person, en-
tity or corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to CONTRACTOR by CITY, unless CiTY authorizes
such transfer.
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 7 of 26
Bo
mo
Bo
CONTRACTOR agrees, upon written request by CITY, to require its employees to attend
training sessions sponsored by the Community Development Division.
10.
ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly and specifically in the per-
formance of and in compliance with this Agreement and in conformance with the stan-
dards and provisions of Exhibits A and B.
Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written ap-
proval, even though certain items may appear herein. CITY's prior written authorization
is required in order for the following to be considered allowable costs:
Encumbrances or expenditures during any one month period which exceeds one-
tenth (1/10) of the total budget as specified in Exhibit B.
(2)
CITY shall not be obligated to any third parties, including any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract ser-
vice extending beyond the expiration of this Agreement.
(3) Out of town travel.
(4)
Any alterations or relocation of the facilities on and in which the activities speci-
fied in Exhibit A are conducted.
Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exhibit B.
(6) Costs or fees for temporary employees or services.
(7) Any fees or payments for consultant services.
(8) Fees for attending out of town meetings, seminars or conferences.
Written requests for prior approval are CONTRACTOR's responsibility and shall be
made within sufficient time to permit a thorough review by CITY. CONTRACTOR must
obtain written approval by CITY prior to the commencement of procedures to solicit or
purchase services, equipment, or real or personal property. Any procurement or purchase
which may be approved under the terms of this Agreement must be conducted in its en-
tirety in accordance with the provisions of this Agreement.
Expenditures will not be reimbursed to CONTRACTOR for the purchase of real
property or equipment. These are not allowable costs under this agreement.
S:\OurD ........ \C ........ \04\Familyllcal/h04.DOC Page 8 of 26
mo
Bo
Co
Do
11.
PROGRAM INCOME
For purposes of this Agreement, program income means earnings of CONTRACTOR
realized from activities resulting from this Agreement or from CONTRACTOR's man-
agement of funding provided or received hereunder. Such earnings include, but are not
limited to, income from interest, usage or rental or lease fees, income produced from con-
tract-supported services of individuals or employees or from the use or sale of equipment
or facilities of CONTRACTOR provided as a result of this Agreement, and payments
from clients or third parties for services rendered by CONTRACTOR under this Agree-
ment.
CONTRACTOR shall maintain records of the receipt and disposition of program income
in the same manner as required for other contract funds, and reported to CITY in the for-
mat prescribed by CITY. CITY and CONTRACTOR agree, that any fees collected for
services performed by CONTRACTOR shall be used for payment of costs associated
with service provision. Revenue remaining after payment of all program expenses for
service provision shall be considered Program Income and shall be subject to all the re-
quirements of this Agreement and the regulations found at CFR, Section 570.504.
CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which
involve other income-producing services or activities.
It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the perform-
ance thereof, constitutes program income. CONTRACTOR is responsible to CITY for
the repayment of any and all amounts determined by CITY to be program income, unless
otherwise approved in writing by CITY.
mo
12.
MAINTENANCE OF RECORDS
CONTRACTOR agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other applica-
ble Federal and State regulations establishing standards for financial management includ-
ing OMB Circulars A-87, A-110, A-122 and A-133 as applicable; Title 24 CFR Section
570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs incurred,
audits, program income, administration and other activities and functions. CONTRAC-
TOR's record system shall contain sufficient documentation to provide in detail full sup-
port and justification for each expenditure. Nothing in this Section shall be construed to
S:\OurD ........ \C ........ \04\Family lIcal/h04.DOC Page 9 of 26
relieve CONTRACTOR of fiscal accountability and liability under any other provision of
this Agreement or any applicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
Bo
CONTRACTOR agrees to retain all books, records, documents, reports, and written ac-
counting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for five years.
Co
Nothing in the above subsections shall be construed to relieve CONTRACTOR of re-
sponsibility for retaining accurate and current records which clearly reflect the level and
benefit of services provided under this Agreement.
Do
At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of their authorized representatives, all of its
records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excerpts and copies of such records, and to conduct audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions or employment and all
other data requested by said representatives.
13.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CONTRACTOR shall furnish such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement.
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less
than once each three months. The beneficiary report shall detail client information, including
race, income, female head of household and other statistics required by CITY. The financial re-
port shall include information and data relative to all programmatic and financial reporting as of
the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports
shall be due to City within 15 working days after the completion of each quarter.
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent examiners in accordance with Generally Accepted Accounting Princi-
ples. if the CONTRACTOR receives more than $500,000 in federal funding, the audit must be
conducted in accordance with OMB Circular A-133 as applicable within thirty days after receipt
of such audit.
14.
MONITORING AND EVALUATION
mo
CITY shall perform on-site monitoring of CONTRACTOR's performances under this
Agreement.
S:\OurD ........ \C ........ \04\Family llcal/h04.DOC Page 1 0 of 26
Bo
CONTRACTOR agrees that CiTY may carry out monitoring and evaluation activities to
ensure adherence by CONTRACTOR to the Scope of Services, and Program Goals and
Objectives, which are attached hereto as Exhibit A, as well as other provisions of this
Agreement.
Co
CONTRACTOR agrees to cooperate fully with CITY in the development, implementa-
tion and maintenance of record-keeping systems and to provide data determined by CITY
to be necessary for CiTY to effectively fulfill its monitoring and evaluation responsibili-
ties.
Do
CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in
such monitoring and to designate one of its staff to coordinate the monitoring process as
requested by CITY staff.
mo
After each official monitoring visit, CITY shall provide CONTRACTOR with a written
report of monitoring findings documenting findings and concerns that will require a writ-
ten response to the City. An acceptable response must be received by the City within 60
days from the CONTRACTOR's receipt of the monitoring report or audit review letter.
Future contract payments can be withheld for CONTRACTOR's failure to submit a re-
sponse within 60 days.
Fo
CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CiTY within five working days of
receipt by CONTRACTOR.
15.
DIRECTORS' MEETINGS
During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
copies of all notices of meetings of its Board of Directors, setting forth the time and place
thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and
shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings.
Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY
within ten days after Board approval.
16.
INSURANCE
mo
CONTRACTOR shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement.
S:\OurD ........ \C ........ \04\Family lIcal/h04.DOC Page 1 1 of' 26
Bo
Co
Do
mo
Fo
mo
Bo
Co
The premises on and in which the activities described in Exhibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with CITY named as an additional
insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve al-
ternate insurance coverage arrangements.
CONTRACTOR will comply with applicable workers' compensation statues and will
obtain employers' liability coverage where available and other appropriate liability cov-
erage for program participants, if applicable.
CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles
owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who
are required to drive a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability insurance. Evidence of the
employee's current possession of a valid license and insurance must be maintained on a
current basis in CONTRACTOR's files.
Actual losses not covered by insurance as required by this Section are not allowable costs
under this Agreement, and remain the sole responsibility of CONTRACTOR.
The policy or policies of insurance shall contain a clause which requires that City and
Contractor be notified in writing of any cancellation of change in the policy at least 30
days prior to such change or cancellation.
17.
CIVIL RIGHTS / EQUAL OPPORTUNITY
CONTRACTOR shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations. The CONTRACTOR shall not discriminate against
any employee or applicant for employment because of race, color, creed, religion, na-
tional origin, gender, age or disability. The CONTRACTOR will take affirmative action
to insure that all employment practices are free from such discrimination. Such employ-
ment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other
forms of compensation and selection for training, including apprenticeship.
CONTRACTOR shall submit for CITY's approval, a written plan for compliance with
the Equal Employment and Affirmative Action Federal provisions, within 30 days of the
effective date of this Agreement
The CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Sec-
tion 109 of Title 1 of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
S:\Our D ........ \C ........ \04\Family llcal/h04.OOC Page 1 2 of 26
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
Co
CONTRACTOR will furnish all information and reports requested by the CITY, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state and Federal rules and regulations.
Do
In the event of CONTRACTOR's non-compliance with the non-discrimination require-
ments, CITY may cancel or terminate the Agreement in whole or in part, and CON-
TRACTOR may be barred from further contracts with CITY.
18.
PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available for ex-
amination. Such personnel policies shall:
mo
Be no more liberal than CITY's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
fringe benefits, vacation and sick leave privileges, and travel; and
Bo
Be in writing and shall be approved by the governing body of CONTRACTOR and by
CITY.
mo
Bo
Co
19.
CONFLICT OF INTEREST
CONTRACTOR covenants that neither it nor any member of its governing body pres-
ently has any interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed under this Agreement. CON-
TRACTOR further covenants that in the performance of this Agreement, no person hav-
ing such interest shall be employed or appointed as a member of its governing body.
CONTRACTOR further covenants that no member of its governing body or its staff, sub-
contractors or employees shall possess any interest in or use his position for a purpose
that is or gives the appearance of being motivated by desire for private gain for himself,
or others, particularly those with which he has family, business, or other ties.
No officer, member, or employee of CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 1 3 of 26
20.
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of
the immediate family of any person who is currently employed by CONTRACTOR, or is a
member of CONTRACTOR's governing board. The term "member of immediate family" in-
cludes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew,
niece, step-parent, step-child, half-brother and half-sister.
21.
POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be
employed by the CONTRACTOR with funds advanced pursuant to this Agreement shall be in
any way or to any extent engaged in any conduct or political activity in contravention of Chapter
15 of Title 5 of the United States Code.
B. The CONTRACTOR is prohibited from using funds provided herein or personnel em-
ployed in the administration of the program for: political activities; sectarian or religious activi-
ties, lobbying, political patronage or nepotism activities.
C. The CONTRACTOR agrees that none of the funds or services provided directly or indi-
rectly under this Agreement shall be used for any partisan political activity or to further the elec-
tion of defeat of any candidate for public office, or for publicity, lobbying and/or propaganda
purposes designed to support or defeat pending legislation. Employees of the CONTRACTOR
connected with any activity that is funded in whole or in part by funds provided to CONTRAC-
TOR under this Agreement may not under the term of this Agreement:
1. Use their official position or influence to affect the outcome of an election or nomi-
nation.
2. solicit contributions for political purposes; or
3. take an active part in political management or in political campaigns.
CONTRACTOR hereby agrees to sign a Certification Regarding Lobbying included herein as
Exhibit "C" and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
S:\Our D ........ \C ........ \04\Family llcal/h04.DOC Page 1 4 of 26
22.
PUBLICITY
Where such action is appropriate, CONTRACTOR shall publicize the activities con-
ducted by CONTRACTOR under this Agreemem. in any news release, sign, brochure, or
other advertising medium, disseminating information prepared or distributed by or for
CONTRACTOR, the advertising medium shall state that the U.S. Department of Housing
and Urban Developmem's Community Developmem Block Gram Program funding
through the City of Demon has made the project possible.
All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided in this Agreemem. When ma-
terial not originally developed is included in a report, the report shall idemify the source
in the body of the report or by footnote. This provision is applicable when the material is
in a verbatim or extensive paraphrase format.
All published material submitted under this project shall include the following reference
on the front cover or title page:
This documem is prepared in accordance with the City of Demon's Com-
munity Developmem Block Gram Program, with funding received from
the United States Department of Housing and Urban Development.
All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, inquiries, corre-
spondence and related material submitted by CONTRACTOR shall become the property
of CITY upon receipt.
23.
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreemem shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
CONTRACTOR may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of CITY. CON-
TRACTOR shall request, in writing, the budget revision in a form prescribed by CITY,
and such request for revision shall not increase the total monetary obligation of CITY un-
der this Agreement. In addition, budget revisions cannot significantly change the nature,
intent, or scope of the program funded under this Agreement.
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 1 5 of 26
Co
CONTRACTOR will submit revised budget and program information, whenever the
level of funding for CONTRACTOR or the program(s) described herein is altered ac-
cording to the total levels contained in any portion of Exhibit B.
Do
It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation.
mo
CITY may, from time to time during the term of the Agreement, request changes in Ex-
hibit A, which may include an increase or decreased in the amount of CONTRACTOR's
compensation. Such changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
Fo
Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Ex-
hibit B shall require the prior written approval of CITY.
Go
CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change.
Ho
CONTRACTOR shall notify CITY of any changes in personnel or governing board com-
position.
It is expressly understood that neither the performance of Exhibit A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be per-
mitted.
24.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly per-
form each of the requirements, time conditions and duties provided herein, CITY, without limit-
ing any rights it may otherwise have, may, at its discretion, and upon ten working days written
notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be
given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The no-
tice shall set forth the default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish
corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension
period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be
restored to full compliance status and paid all eligible funds withheld or impounded during the
suspension period. If however, CITY determines that CONTRACTOR has not come into com-
pliance, the provisions of Section 25 may be effectuated.
S:\OurD ........ \U ........ \04\Family lIcal/h04.DOC Page 1 6 of 26
mo
25.
TERMINATION
CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph:
(1) CONTRACTOR's failure to attain compliance during any prescribed period of sus-
pension as provided in Section 24.
(2) CONTRACTOR's failure to materially comply with any of the terms of this Agree-
ment.
(3) CONTRACTOR's violation of covenants, agreements or guarantees of this Agree-
ment.
(4) Termination or reduction of funding by the United States Department of Housing and
Urban Development.
(5) Finding by CITY that CONTRACTOR:
(a)
is in such unsatisfactory financial condition as to endanger performance
under this Agreement;
(b)
has allocated inventory to this Agreement substantially exceeding reason-
able requirements;
(c)
is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business.
(6)
Appointment of a trustee, receiver or liquidator for all or substantial part of CON-
TRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of
or liquidation proceedings by or against CONTRACTOR.
(7) CONTRACTOR's inability to conform to changes required by Federal, State and lo-
cal laws or regulations as provided in Section 4, and Section 2, of this Agreement.
(8) The commission of an act of bankruptcy.
(9) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is
bound or shall be bound under the terms of the Agreement.
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and
the effective date of termination. Simultaneous notice of pending termination maybe
made to other funding source specified in Exhibit B.
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 1 7 of 26
CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, CONTRACTOR will be paid an amount not to exceed the
total of accrued expenditures as of the effective date of termination. In no event will this
compensation exceed an amount which bears the same ratio to the total compensation as
the services actually performed bears to the total services of CONTRACTOR covered by
the Agreement, less payments previously made.
CONTRACTOR may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside funding occurs upon which CONTRACTOR depends
for performance hereunder. CONTRACTOR may opt, within the limitations of this
Agreement, to seek an alternative funding source, with the approval of CITY, provided
the termination by the outside funding source was not occasioned by a breach of contract
as defined herein or as defined in a contract between CONTRACTOR and the funding
source in question.
CONTRACTOR may terminate this Agreement upon the dissolution of CONTRAC-
TOR's organization not occasioned by a breach of this Agreement.
Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise
terminate any outstanding orders or subcontracts, which relate to the performance of this
Agreement. CiTY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred after the termination
date listed on the notice to terminate referred to in this paragraph.
Notwithstanding any exercise by CITY of its right of suspension or termination, CON-
TRACTOR shall not be relieved of liability to CiTY for damages sustained by CiTY by
virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any
reimbursement to CONTRACTOR until such time as the exact amount of damages due to
CiTY from CONTRACTOR is agreed upon or otherwise determined.
26.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notice thereof to CITY within two working days after being notified of such claim, de-
mand, suit or other action. Such notice shall state the date and hour of notification of any such
claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation
or other entity making such claim, or that instituted or threatened to institute any type of action
or proceeding; the basis of such claim, action or proceeding; and the name of any person(s)
against whom such claim is being made or threatened. Such written notice shall be delivered ei-
ther personally or by mail.
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 1 8 of 26
27.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contract-
ing with CONTRACTOR as an independent contractor and that as such, CON-
TRACTOR shall save and hold CITY, its officers, agents and employees harmless
from all liability of any nature or kind, including costs and expenses for, or on ac-
count of, any claims, audit exceptions, demands, suits or damages of any character
whatsoever resulting in whole or in part from the performance or omission of any
employee, agent or representative of CONTRACTOR.
CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits,
causes of action, demands, damages, losses, attorney fees, expenses, and liability
arising out of the use of these contracted funds and program administration and
implementation except to the extent caused by the willful act or omission of CITY,
its agents, employees, or contractors.
28.
NON-RELIGIOUS ACTIVITES
The CONTRACTOR will provide all services under this Agreement in a manner that is exclu-
sively non-religious in nature and scope. There shall be no religious services, proselytizing, in-
struction or any other religious preference, influence or discrimination in connection with pro-
viding the services hereunder.
29.
MISCELLANEOUS
mo
CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any in-
terest therein, or any claim arising thereunder, to any party or parties, bank, trust com-
pany or other financial institution without the prior written approval of CITY.
Bo
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re-
maining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
Co
In no event shall any payment to CONTRACTOR hereunder, or any other act or failure
of CITY to insist in any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by CITY of any breach
of covenant or default which may then or subsequently be committed by CONTRAC-
TOR. Neither shall such payment, act, or omission in any manner impair or prejudice any
right, power, privilege, or remedy available to CITY to enforce its rights hereunder,
S:\OurD ........ \C ........ \04\Family llcal/h04.DOC Page 1 9 of 26
Do
mo
Fo
which rights, powers, privileges, or remedies are always specifically preserved. No repre-
sentative or agent of CITY may waive the effect of this provision.
This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding or other commitment antecedent to this Agreement, whether written or oral,
shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, un-
derstanding, or other commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed in writ-
ing, and if appropriate, recorded as an amendment of this Agreement.
In the event any disagreement or dispute should arise between the parties hereto pertain-
ing to the interpretation or meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD
for matters of compliance, will have the final authority to render or to secure an interpre-
tation.
For purposes of this Agreement, all official communications and notices among the par-
ties shall be deemed made if sen postage paid to the parties and address set forth below:
Go
TO CITY:
City Manager
City of DeNon
215 E. McKinney
Denton, Texas 76201
TO CONTRACTOR:
Family Health Care, Inc
ATTN: Patrice Capan, Executive Director
PO BOX 1611
Denton, TX 76202
This AgreemeN shall be iNerpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this AgreemeN shall be in a court competeN jurisdic-
tion sitting in Denton County, Texas.
IN WITNESS OF WHICH this AgreemeN has been executed on this the
of ,2004.
day
CITY OF DENTON
BY:
MICHAEL A. CONDUFF
CITY MANAGER
S:\OurD ........ \U ........ \04\Family lIcal/h04.DOC Page 20 of 26
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY:
FAMILY HEALTH CARE, INC.
BY:
EXECUTIVE DIRECTOR
ATTEST:
BOARD SECRETARY
S:\OurD ........ \C ........ \04\Family lloahh04.DOC Page 2 1 of 26
EXHIBIT A
SCOPE OF SERVICES
FAMILY HEALTH CARE, INCORPORATED
The Scope of Services under this Agreemem shall be as follows:
SECTION I - ACTIVITY
CONTRACTOR shall provide prenatal care to non-Medicaid eligible pregnam women.
Beneficiaries of the services to be provided hereunder must reside in the City of Demon and
CONTRACTOR shall provide services to low to moderate income non-Medicaid eligible preg-
nam women.
SECTION II - SERVICES
In order to complete the agreed upon activity CONTRACTOR shall provide the following
services:
· Initial prenatal visit with history
· Physical exam
· Sonogram and follow-up sonogram
· Lab work
· Social worker assessmem
· Work with the Denton County Health Department to provide outreach on prenatal care
and participate with the Denton County Health Department on any infant mortality pro-
jects or work groups.
· Referral to childbirth and paremhood classes
· Advanced Practice Nurses (APN) will provide cliem care and consult with the supervis-
ing physicians as appropriate
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the CONTRACTOR can measure per-
formance under this agreement. A unit of service shall be defined as the appropriate prenatal
services to an individual cliem including but not limited to the services as described in Section II
- Services.
S:\OurD ........ \C ........ \04\Family llcal/h04.DOC Page 22 of 26
SECTION IV - GOALS
CONTRACTOR shall provide not less than twelve units of service per month. The total number
of units of service required constitutes the performance target for the CONTRACTOR under this
Agreement. The CONTRACTOR will provide services to approximately twelve women per
month from the City of Denton will be served through the prenatal program persons during the
term on this Agreement.
CONTRACTOR shall provide the services listed in this Agreement within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the CONTRACTOR exceed the lesser of the CONTRAC-
TORS's costs attributable to the work performed as stated herein, or sum of Thirty Thousand
Dollars ($30,000.00).
SECTION IV - OUTCOMES
Direct Service Outcome
Five percent or less of the newborn babies of mothers served by the program will have a
low birth weight rate of 5.8 lbs. or less.
The rate of Gestational Diabetes in mothers will be 4% or less.
First trimester enrollment for the program will be at least 40%.
Community Outcome
Family Health Care, Incorporated assists the City of Denton in the provision of health care ser-
vices necessary for low-income and indigent special populations, pregnant women, as outlined in
the 2000-2005 City of Denton Consolidated Plan for the use of Community Development Block
Grant funds. Family Health Care benefits the citizens of the City of Denton and supports a coor-
dinated effort to maximize community resources by:
· Pre-natal services to low and moderate income women assisting in the reduction of the
City's rate of infant mortality, Gestation Diabetes, and pre-mature births.
Work with the Denton County Health Department to provide outreach on prenatal care
and participate with the Denton County Health Department on any infant mortality pro-
jects or work groups.
· Increasing the opportunity for improvement in parental awareness, information, and skills
through referrals to childbirth and parenthood classes.
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 23 of 26
Exhibit B
Budget
FAMILY HEALTH CARE, INCORPORATED
Allowable Expenditure Budget Amount
Initial Visit $114.00 $30,000.00
Return or Postpartum $ 47.00
Ultrasound $105.00
Follow up Ultrasound $ 55.00
Non-Stress Test $ 35.00
Nutritionist Visit $ 45.00
Case Managemem $ 35.00
Total $30,000.00
Family Health Care, Inc. will be reimbursed on a fee for service basis for services provided to
residents of Demon. Fees for particular services are described above.
S:\OurD ........ \U ........ \04\Family lIcal/h04.DOC Page 24 of 26
Exhibit C
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, re-
newal, amendment, or modification of any Federal contract, grant, loan or coopera-
tive agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an em-
ployee of a Member of Congress in connection with a Federal contract, grant, loan
or cooperative agreement, the undersigned shall complete and submit Standard
Form-ILL, "Disclosure Form to Report Lobbying," in accordance with its instruc-
tions.
(3) The undersigned shall require that the language of this Certification be included in
the award documents for all subawards at all tiers (including subcontractors, sub-
grants and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of the certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, title 31, US Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Grantee
Signature Title
Date: 2004-2005
S:\OurD ........ \(2 ........ \04\Family lIcal/h04.DOC Page 25 of 26
Exhibit D
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65% AMI
Low Income
65% AMI - <50% AMI
Very-Low Income
50% AMI - <30% AMI
Extremely-Low Income
_<30% AMI
$37,250- $30,251
$42,550 - $34,601
$47,900- $38,901
$53,200- $43,251
$57,450- $46,701
$61,700- $50,151
$65,950- $53,601
$70,200- $57,051
Source:
$30,250 - $23,301
$34,600 - $26,601
$38,900- $29,951
$43,250- $33,251
$46,700- $35,901
$50,150- $38,551
$53,600- $41,251
$57,050- $43,901
$23,300 - $13,951
$26,600 - $15,951
$29,950 - $17,951
$33,250- $19,951
$35,900- $21,551
$38,550- $23,151
$41,250- $24,751
$43,900- $26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
S:\OurD ........ \C ........ \04\Family llcahh04.DOC Page 26 of 26
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2004
DEPARTMENT: Management and Budget
ACM: Kathy DuBose
SUBJECT
Consider approval of a Resolution to declare intent to reimburse expenditures from the Motor
Pool Fund with Certificates of Obligation so that vehicles approved in the 2004-05 Budget more
fully described in the attachment to this Resolution may be purchased; and providing an effective
date.
BACKGROUND
A bond sale is planned in the spring of 2005 to provide funding for the purchase of Motor Pool
Fund vehicles. The 2004-05 budget approved by City Council includes the issuance of
Certificates of Obligation to purchase vehicles for the new police officers and replacement
vehicles for Parks Maintenance, Fire, Streets, Traffic, and Police Departments.
The attached Reimbursement Resolution will allow the necessary bidding and ordering of
vehicles to begin immediately rather than waiting until spring when the bonds will be sold.
FISCAL INFORMATION
This Resolution will allow $1,500,000 from the Motor Pool Fund balance to be expended and
subsequently reimbursed with Certificates of Obligation.
EXHIBITS
Ordinance
Respectfully submitted:
Kathy DuBose
Assistant City Manager
S:\Our Documents\Resolutions\04keinabursement resolution - vehicles.doc
RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM
THE MOTOR POOL FUND WITH CERTIFICATES OF OBLIGATION SO THAT
VEHICLES APPROVED IN THE 2004-05 BUDGET MORE FULLY DESCRIBED IN THE
ATTACHMENT TO THIS RESOLUTION MAY BE PURCHASED; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the issuer expects to pay expenditures in connection with the purchase of
vehicles for various City departments referred to as vehicle purchases which were previously
approved in the 2004-05 Budget and are more fully described in Attachment "A"; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Projects; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $1,500,000 for the purpose of
paying the costs of vehicles, as set forth in the attached Attachment "A" which is made a part of
this resolution for all purposes.
SECTION 2. That all costs to be reimbursed pursuant hereto will be for purchase of
vehicles. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution
after a date which is later than 18 months after the later of (1) the date the expenditures are paid,
or (2) the date on which the property, with respect to which such expenditures are made, is
placed in service. That all amounts expended from the Motor Pool Fund for the vehicles set
forth in Attachment "A" to pay any costs of the vehicles shall be reimbursed from Certificate of
Obligation bond proceeds within the 2004-05 fiscal year.
SECTION 3. That the foregoing notwithstanding, no tax-exempt obligation will be
issued pursuant to this resolution more than three years after the date any expenditure which is to
be reimbursed is paid.
SECTION 4. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the __ day of _, 2004.
S:\Our Documents\Resolutions\04keinabursement resolution - vehicles.doc
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
Attachment A
200g-05 Motor Pool Fund
Vehicles $1,500,000
The 2004-05 budget approved by Council included the issuance of Certificates of
Obligation to purchase vehicles for new police officers and replacement vehicles for
Parks Maintenance, Fire, Streets, Traffic, and Police Departments.
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
November 2, 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 contract
for the purchase of Hand Tools and Miscellaneous Hardware; providing for the expenditure of
funds therefore; and providing an effective date (Bid 3211-Annual Contract for Hand Tools and
Miscellaneous Hardware awarded to Denton Tool and Fastener in the estimated amount of
$35,000).
BID INFORMATION
This bid is for the annual contract to supply various hand tools and miscellaneous hardware
items. These items are utilized throughout City operations and are carried in the Warehouse for
easy access.
RECOMMENDATION
We recommend that this bid be awarded to the lowest responsive bidder, Denton Tool and
Fastener, in the estimated amount of $35,000.
PRINCIPAL PLACE OF BUSINESS
Denton Tool and Fastener
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract, which will begin November 2, 2004 and run through November 2,
2005, with the option to renew for an additional year, contingent upon pricing remaining the
same.
FISCAL INFORMATION
The items in this bid will be funded out of the Warehouse Working Capital account and charged
back to the using department.
Agenda Information Sheet
November 2, 2004
Page 2
Attachment 1: Tabulation Sheet
1-AlS-Bid 3211
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
8
0
E
CD
8
0
E
CD
8
0
E
(iD
8
0
E
(iD
8
0
E
8
0
E
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF HAND TOOLS AND MISCELLANEOUS
HARDWARE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 3211-ANNUAL CONTRACT FOR HAND TOOLS
AND MISCELLANEOUS HARDWARE AWARDED TO DENTON TOOL AND FASTENER IN
THE ESTIMATED AMOUNT OF $35,000).
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
3211 1-140 Denton Tool and Fastener 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 3211 Hand Tools and Miscellaneous Har&vare
Bid # 3211 ExhibitA
Date' 09/21/04
Annual Contract for Hand Tools IA Miscellaneous
Denton
Tool &
Fastener
Principle Place of Business: Denton, TX
SECTION A - CONSTRUCTION
HAND TOOLS
I 3 445-03-000 Axe, Double Edge $15.90
2 3 445-03-020 Axe, Single Edge $14.50
3 16 445-38-000 Bar, Rocl~, 60" $18.75
4 3 445-09-050 Blade, Bow Saw, 30" $9.85
5 65 445-09-300 Blade, Hacl~saw $9.90
6 3 445-21-000 Cutter, Bolt, 18" $61.00
7 3 445-21-050 Cutter, Bolt, 24" $65.00
8 4 445-21-100 Cutter, Bolt, 30" $85.00
9 3 445-21-150 Cutter, Bolt, 36" $99.00
10 14 445-21-400 Cutter, Tubing, 3/16" - I 1/8" $23.00
11 5 445-21-420 Cutter, Tubing, 5/8"-2 1/8" $44.50
12 39 445-21-450 Cutter, Wheel For Tubing $4.20
13 3 445-38-120 Crowbar, 36" $6.65
14 8 445-58-000 Hacl~saw $6.85
15 15 445-38-060 Hammer, Sledge, 4 lb. Handle $8.00
16 36 445-38-080 Hammer, Sledge, 10 lb. Handle $15.00
17 3 445-43-000 Hoe, Garden $7.40
18 5 450-48-000 LADDER 8' EXT. F/GLASS $230.00
19 3 450-48-001 LADDER 6' EXT. F/GLASS $195.00
20 25 445-61-200 PiCK WiTH HANDLE $13.80
21 3 445-03-150 PITCHFORK $15.30
22 3 445-55-000 POST HOLE DIGGER $39.50
23 8 445-06-160 RULE, FOLDING WOOD, 6' $7.00
24 12 445-61-000 SCOOP, ASPHALT # 2 $27.50
25 45 445-61-020 SHOVEL LG HANDLE SQ POINT $20.50
26 35 445-61-100 SHOVEL, LONG HANDLE RND POINT $20.50
27 32 445-61-150 SHOVEL, LONG HANDLE RND PT FiB $18.00
Bid # 3211 ExhibitA
Date' 09/21/04
Annual Contract for Hand Tools IA Miscellaneous
Denton
Tool &
Fastener
Principle Place of Business: Denton, TX
28 30 445-61-250 SHOVEL, LONG HANDL SQ PT FIB $18.00
29 27 445-61-300 SHOVEL, SHARP SHOOTER $16.40
30 41 445-61-350 SHOVEL, SHARP SHOOTER FIB GLS $21.00
31 23 445-43-050 RAKE, BOW $24.00
32 3 445-43-100 RAKE, LEAF $5.80
33 20 755-40-000 RAKE ASPHALT, (LUTE)42" $36.50
34 3 445-43-180 CUTTER, WEED $10.50
35 3 445-58-150 SAW, HAND 15" $13.00
36 3 445-40-040 HANDLE, FILE $1.50
37 3 445-40-100 HANDLE, HAMMER $1.90
38 3 445-40-120 HANDLE, HOE $4.60
39 40 445-40-140 HANDLE, PICK $6.25
40 3 445-40-180 HANDLE, SHOVEL, LONG $7.55
41 4 445-40-200 HANDLE, SLEDGE, 36" $5.35
42 3 445-46-100 LEVEL, 24" ALUMINUM $4.90
43 445-58-050 BOW SAW, 21" $5.10
44 445-58-100 BOW SAW, 30" $8.70
SECT/ON B - MECHANTCAL HAND
TOOLS
45 8 445-32-000 FILE, MILL, 8" $3.55
46 4 445-32-050 FILE, MILL, 10" $4.60
47 7 445-32-100 FILE, MILL, 12" $6.00
48 3 445-32-150 FILE, ROUND, 8" $4.20
49 27 075-46-000 GREASE GUN $0.00
50 30 445-38-020 HAMMER, BALL PEEN, 32 OZ $13.00
51 10 445-38-040 HAMMER, CLAW, 16 OZ $16.80
52 44 285-81-005 KNIFE SKINNING $12.95
Bid # 3211 ExhibitA
Date' 09/21/04
Annual Contract for Hand Tools & Miscellaneous
Denton
Tool &
Fastener
Principle Place of Business: Denton, TX
53 9 285-81-020 PLIERS, LONGNOSE $13.10
54 4 285-81-040 PLIERS, LONGNOSE W/CUTTER $13.00
55 6 285-81-060 PLIERS, WIRE STRIPPER $29.00
56 59 285-81-080 PLIERS, LINEMAN'S $18.75
57 19 285-81-100 PLIERS, DIKES 8" $14.85
58 3 285-81-120 PLIERS, DIKES 5" $15.25
59 4 445-52-000 PLIERS, 8" $0.00
60 20 445-52-050 PLIERS ADJUSTABLE 10" $9.00
61 16 445-52-100 PLIERS ADJUSTABLE 12" $9.60
62 12 445-52-200 PLIERS VISE GRIPS 10" $9.00
63 6 445-64-000 SCREWDRIVER PHiLLiPS # I $2.55
64 25 445-64-050 SCREWDRIVER PHiLLiPS # 2 $3.15
65 3 445-64-100 SCREWDRIVER STANDARD STUBBY $2.75
66 53 445-64-200 SCREWDRIVER STANDARD 3/16X6" $4.00
67 73 445-64-250 SCREWDRIVER STANDARD 3/16/X10" $6.90
68 23 445-64-300 SCREWDRIVER STANDARD 1/4 X 4" $3.35
69 5 445-64-350 SCREWDRIVER PHiLLiPS STUBBY $2.90
70 11 445-64-400 SCREWDRIVER STANDARD 1/8 X 1/6 $2.35
71 5 445-70-000 TiN SNIPS, STRAIGHT CUT $13.50
72 10 445-91-000 WRENCH AD.1USTABLE 6" $3.95
73 11 445-91-050 WRENCH AD.1USTABLE 8" $4.95
74 29 445-91-100 WRENCH AD.1USTABLE 10" $6.10
75 32 445-91-150 WRENCH AD.1USTABLE 12" $8.80
76 3 445-91-400 WRENCH 8" OFFSET PiPE $15.00
77 10 445-91-420 WRENCH 10" OFFSET PiPE $20.00
78 5 445-91-440 WRENCH 12" OFFSET PiPE $21.00
79 3 445-91-460 WRENCH 8" PiPE $12.00
80 3 445-91-480 WRENCH 10" PiPE $15.90
Bid # 3211 ExhibitA
Date' 09/21/04
Annual Contract for Hand Tools & Miscellaneous
Denton
Tool &
Fastener
Principle Place of Business: Denton, TX
81 12 445-91-500 WRENCH 12" PIPE $18.35
82 11 445-91-520 WRENCH 18" PIPE $30.00
83 3 445-91-540 WRENCH 24" PIPE $47.00
84 30 445-91-600 WRENCH RATCHET 5/8" X 3/4" $14.40
85 42 445-91-620 WRENCH RATCHET 9/16" X 1/2" $12.80
86 6 445-91-640 WRENCH RATCHET 13/16" X 7/8" $15.20
SECTION C - MISC.
87 52 055-12-200 TARP, PLASTIC 12 X 6 $4.30
88 5644 287-12-000 BATTERY AA ALKALINE $0.27
89 1210 287-12-020 BA-I-I'ERY AAA ALKALINE $0.27
90 1043 287-12-050 BATTERY 9 VOLT ALKALINE $1.15
91 517 287-12-100 BATTERY C ALKALINE $0.52
92 1069 287-12-150 BATTERY D ALKALINE $0.60
93 641 287-12-201 BATT FLASHER 6V ALKALINE $0.00
94 57 145-45-020 BRUSH, PAINT 2" - DISPOSABLE $0.55
95 40 145-45-030 BRUSH, PAINT 3" - DISPOSABLE $0.80
96 21 450-17-000 CAN, GAS 2 GALLON $25.80
97 15 450-17-050 CAN, GAS 5 GALLON $29.40
98 3 445-46-000 CHALK, LINE REEL 100' $3.10
99 3 445-46-050 CHALK, BLUE 80Z BO-I-I'LE $0.60
100 400 450-21-150 CHAIN 3/8" - HIGH TENSIL, GRADE 70 $2.55
CHAIN 1/4" - HIGH TENSIL, PROOF COIL,
101 100 450-21-000 GRADE 70 $1.70
102 50 450-21-050 CHAIN 5/16" - PROOF COIL $1.30
103 4 855-48-100 CORD, EXTENSION 12' REGULAR- 16
GUAGE $0.00
104 5 855-48-200 CORD, EXTENSION 50' HEAVY DUTY-12
GAUGE $14.00
105 17 450-32-100 FLASHLIGHT $3.25
106 3 450-32-105 FLASHLIGHT, CONES $0.00
107 251 405-48-100 GREASE, CARTRIDGE-EXTREME TEMP $0.00
Bid # 3211 ExhibitA
Date' 09/21/04
Annual Contract for Hand Tools IA Miscellaneous
Denton
Tool &
Fastener
Principle Place of Business: Denton, TX
CLEVIS LOCKING HOOK, CHAIN 3/8"
108 53 445-44-000 GRADE 70 $0.00
109 4 445-44-050 CLEVIS LOCKING HOOK, CHAIN 1/4" $2.70
110 10 445-44-100 CLEVIS LOCKING HOOK, CHAIN 5/16" $4.15
111 10 450-32-000 LANTERN WITH 6 VOLT BATTERY $0.00
112 9 460-35-000 HOSE, GARDEN, 5/8" X 50' $21.00
113 104 405-66-000 OIL, PENETRATING - 11 OZ $2.75
114 14 630-48-000 PAINT SPRAY SILVER - 15 OZ $1.35
115 71 630-48-010 PAINT SPRAY TRANSFORMER GREEN $1.35
116 8 630-48-020 PAINT SPRAY DOVE GRAY - 15 OZ $1.35
117 38 630-48-050 PAINT SPRAY FLAT BLACK - 15 OZ $1.35
118 33 630-48-060 PAINT SPRAY GLOSS BLACK - 15 OZ $1.35
119 4 630-48-100 PAINT SPRAY GLOSS RED - 12 OZ $1.35
120 5 630-48-120 PAINT SPRAY FLAT WHITE - 15 OZ $1.35
121 22 630-48-140 PAINT SPRAY GLOSS WHITE - 15 OZ $1.35
122 18 630-48-145 PAINT SPRAY PRIMER - 15 OZ $1.35
123 3 630-48-150 PAINT, RED INSULATING VARNISH - 12
0Z $2.15
124 394 630-48-300 PAINT SPRAY MARKING BLUE - 17 OZ $2.45
125 90 630-48-350 PAINT SPRAY MARKING GREEN - 17 OZ $2.45
126 567 630-48-400 PAINT SPRAY MARKING RED - 17 OZ $2.55
PAINT SPRAY MARKING NEON RED,
127 300 630-48-425 SOLVENT BASED - 17 OZ $0.00
128 57 630-48-450 PAINT SPRAY MARKING YELLOW - 17 OZ $2.55
129 396 630-48-500 PAINT SPRAY MARKING WHITE - 17 OZ $2.55
130 50 450-24-000 ROPE, POLY 1/4" $0.20
131 245 450-24-100 ROPE, POLY 5/8" $0.12
132 120 450-24-150 ROPE, POLY 3/8" $.04
133 10 810-90-000 SPRAYER, 3 GALLON $0.00
134 470 832-24-000 TAPE, DUCT 2" X 60 YDS $2.85
135 22 832-52-000 TAPE, MASKING 1" $0.75
Bid # 3211 ExhibitA
Date' 09/21/04
Annual Contract for Hand Tools & Miscellaneous
Denton
Tool &
Fastener
Principle Place of Business: Denton, TX
136 10 832-52-020 TAPE, MASKING 2" $1.50
137 20 832-72-050 TEFLON TAPE 1/2" (4 X 227) $0.20
138 92 832-76-050 TAPE, STEEL MEASURING 25' $4.95
139 3 832-76-100 TAPE, MEASURING 50' $23.00
140 6 832-76-150 TAPE, MEASURING 100' $11.50
SHIPMENT N/A
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
November 2, 2004
Materials Management
Kathy DuBose ~'~
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of Hot Mix Hot Lay Asphalt Concrete; providing for the expenditure of funds
therefore; and providing an effective date (Bid 3221-Annual Contract for Hot Mix Hot Lay
Asphalt Concrete awarded to Jagoe Public Company in the estimated amount of $1,000,000).
BID INFORMATION
This bid is for the annual contract to supply Hot Mix Asphalt Concrete and specialized
equipment with operations for installation services as needed. This contract is utilized in the
construction renovation and maintenance of city streets. The contract allows for delivery of
asphalt to the jobsite or pickup in City trucks at the plant and also a per ton price for equipment
and operations lay down or installation of the asphalt at the direction of the Street Division.
RECOMMENDATION
We recommend award of this bid to the lowest responsible bidder, Jagoe-Public Company, in the
estimated amount of $1,000,000. Line item prices are shown in Exhibit A of the Ordinance.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This bid is for a one year time period with the option to extend for additional one-year periods.
FISCAL INFORMATION
Funding for the acquisition of this product will be charged to the appropriate account number at
the time that the order is placed.
Agenda Information Sheet
November 2, 2004
Page 2
Attachment 1: Tabulation Sheet
1-AlS-Bid 3221
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
BTD # 3221 Attachment 1
DATE: 9/28/04
ANNUAL CONTRACT FOR HOT IVl:[X HOT LAY ASPHALT CONCRETE
Reynolds
~ Jagoe Public ..... Austin Asphalt,
~ Aspnalt ~
Company Construction LP
Principle Place of Business: Denton, TX Euless,TX Irving, TX
A. Hot Mix Hot Lay Asphalt Concrete (PG-64-
50,000 22) pickup at plant (Patching or City Crew $28.50 $27.50 $27.00
I tons
Installation)
For the purpose of Iow bid determination, a
$.20 per mile charge will be added to the unit
$0.80 $3.60 $5.06
}rice for each mile from 901-B Texas Street,
Denton, TX 76209 to Vendor's plant
B. Hot Mix Hot Lay Asphalt Concrete (PG-64- $30.50 $33.50 $32.06
22) FOB Delivered
(Address). 3020 Fort Worth 617 E. College 11481 CR 53 -
Drive-Denton, TX Street- Lewisville, TX Celina, TX
1. Addition per ton for installation at City of $14.00 $75.00 $15.39
Denton iob site. (0-400 tons)
2. Addition per ton for installation at City of $9.00 $47.00 $8.28
Denton iob site. (400-999 tons)
3. Addition per ton for installation at City of $5.00 $45.00 $6.40
Denton iob site. (l~000+tons)
A. Hot Mix Hot Lay Asphalt Concrete (PG-76-
15,000 22) pickup at plant (Patching or City Crew $32.25 NO BID NO BID
2 tons
Installation)
B. Hot Mix Hot Lay Asphalt Concrete (PG-76- $34.25 NO BID NO BID
22) FOB Delivered
For the purpose of Iow bid determination, a
$.20 per mile charge will be added to the unit
}rice for each mile from 901-B Texas Street,
Denton, TX 76209 to Vendor's plant
(Address).
1. Addition per ton for installation at City of $17.00 NO BID NO BID
Denton job site. (0-400 tons)
2. Addition per ton for installation at City of $9.00 NO BID NO BID
Denton iob site. (400-999 tons)
3. Addition per ton for installation at City of $5.00 NO BID NO BID
Denton iob site. (lf000+tons)
Vendor's plant to City of Denton destination is
miles. Bidder shall determine the mileage
using the officical Texas Highway map or
County map measured by the shortest
}ractical route & insert that mileage above, fn
stating this mileage, the bidder shall calculate 4 Miles 18 Miles 25.3 Miles
mileage from vendor's plant to the point
specified using roads that are not load-zoned
below 58,240 lbs. Mileage subject to
verification. Failure to furnish &indicate
mileage will disqualify bid.
24 Hour telephone number for
940-382-9732 817-267-3131 972-382-4808
messages
SHIPMENT 2 Days As Received 2 Days
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF HOT MIX HOT LAY ASPHALT CONCRETE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 3221-ANNUAL CONTRACT FOR HOT MIX HOT LAY ASPHALT
CONCRETE AWARDED TO JAGOE PUBLIC COMPANY 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
3221 1,2 Jagoe-Public 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 the
day of ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID 3221
Page 2
eTD # 3221 ExhibitA
DATE: 9/28/04
ANNUAL CONTRACT FOR HOT IVl:[X HOT LAY ASPHALT CONCRETE
~ Jagoe Public
Company
Principle Place of Business: Denton, TX
A. Hot Mix Hot Lay Asphalt Concrete (PG-64-
50,000 22) pickup at plant (Patching or City Crew $28.50
I tons
Installation)
For the purpose of Iow bid determination, a
$.20 per mile charge will be added to the unit
$0.80
~rice for each mile from 901-B Texas Street,
Denton, TX 76209 to Vendor's plant
B. Hot Mix Hot Lay Asphalt Concrete (PG-64- $30.50
22) FOB Delivered
(Address). 3020 Fort Worth
Drive-Denton, TX
1. Addition per ton for installation at City of $14.00
Denton iob site. (0-400 tons)
2. Addition per ton for installation at City of $9.00
Denton iob site. (400-999 tons)
3. Addition per ton for installation at City of $5.00
Denton iob site. (l¢000+tons)
A. Hot Mix Hot Lay Asphalt Concrete (PG-76-
15,000 22) pickup at plant (Patching or City Crew $32.25
2 tons
Installation)
B. Hot Mix Hot Lay Asphalt Concrete (PG-76- $34.25
22) FOB Delivered
For the purpose of Iow bid determination, a
$.20 per mile charge will be added to the unit
~rice for each mile from 901-B Texas Street,
Denton, TX 76209 to Vendor's plant
(Address).
1. Addition per ton for installation at City of $17.00
Denton job site. (0-400 tons)
2. Addition per ton for installation at City of $9.00
Denton iob site. (400-999 tons)
3. Addition per ton for installation at City of $5.00
Denton iob site. (lf000+tons)
Vendor's plant to City of Denton destination is
miles. Bidder shall determine the mileage
using the officical Texas Highway map or
County map measured by the shortest
~ractical route &, insert that mileage above, fn
stating this mileage, the bidder shall calculate 4 Miles
mileage from vendor's plant to the point
specified using roads that are not load-zoned
below 58,240 lbs. Mileage subject to
verification. Failure to furnish &, indicate
mileage will disqualify bid.
24 Hour telephone number for
940-382-9732
messages
SHfPMENT 2 Days
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
November 2, 2004
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Charles Wiley 349-7925
SUBJECT
An Ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant
County and awarding a contract for the purchase of police sedans; providing for the expenditure
of funds therefore; and providing an effective date (File 3251-Interlocal Agreement for Police
Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $386,388).
INTERLOCAL AGREEMENT INFORMATION
An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with
Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the
supply of goods and services.
The City of Denton joined a Metroplex Regional Co-op for the purchase of Police Sedans headed
by Tarrant County with the intention of pooling our buying power. One hundred fifty seven
governmental entities including twenty-seven counties, seventy-nine cities, twenty-one school
districts, four universities and twenty-six special districts combined to purchase approximately
2000 vehicles for the 2004-2005 contract.
Bids were solicited from 84 qualified vendors and eleven responded. The bid prices continue to
be held firm from the 2001-2002 bid award. These prices are below current State of Texas
contract and Houston Galveston Area Council of Governments (HGAC) prices for similar
vehicles.
During the 2004-05 budget development process, Council approved the issuance of Certificates
of Obligation to purchase vehicles for various City Departments, which included eighteen police
sedans.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)
The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98-
175). Tarrant County Commissioners Court approved the 2001/02 bids and awarded a contract
to Philpott Ford on September 18, 2001 (Bid No. 2001-125). Tarrant County Commissioners
Court renewed the contract in May 2004. Therefore, the prices remain firm through the 2004-05
fiscal year.
Agenda Information Sheet
November 2, 2004
Page 2
RECOMMENDATION
We recommend award be approved to Philpott Ford Inc. in the total amount of $386,388 for
police patrol sedans.
PRINCIPAL PLACE OF BUSINESS
Philpott Ford, Inc.
Nederland, TX
ESTIMATED SCHEDULE OF PROJECT
The estimated delivery of the vehicles is approximately 60 days or the second week of January
2005.
FISCAL INFORMATION
This acquisition will be funded from Motor Pool account (810001.8535).
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet from Tarrant County (Bid 2001-125)
Attachment 2: Price Sheet for Selected Options
1-AIS-FILE 3251
I.-
Z
0
Attachment 1
2
. ' Attachment 1
Attachment 2
BASE PRICE
2005 Ford Crown Victoria Police Interceptor 720A
4 Door Sedan Vibrato White/Charcoal Gray Imerior
Options not included in Base Price:
Description
License plate bracket, front
Moldings, color keyed bodyside, from installed
Audio AM/FM radio
Decklid release
Lamp, courtesy disable
Lamp, driver side
Rear door locks/handles inop
Roof wiring no hole in roof
Trunk Pack
Windows rear power delete
Horn, siren, wiring, prep
Radio, 2 way pre wire
Hub caps, full
Radio suppression package
Cloth front buckets, vinyl rear
Brakes, anti-lock system
Floor covering, rubber
Power windows
Order
Code
Code 153
Code 96A
Code 58F
Code 61H
Code 478
Code 5 lA
Code 157
Code 189
Code 14T
Code 948
Code 175
Code 946
Code 642
Code 53M
Standard
Standard
Standard
Standard
$19,307.00
Price
$ (6.00)
$ o.oo
$ o.oo
$ 39.00
$ o.oo
$151.00
$ o.oo
$129.00
$190.00
$ o.oo
$ 40.00
$ 20.00
$ 26.00
$ 60.00
$ o.oo
$ o.oo
$ o.oo
$ o.oo
TOTAL $649.00
Attachment 2
Total Price Per Vehicle Including Options
$19,956.00
Additional Costs:
Destination charge per unit
Extended Warranty- 5 years/75,000 Miles
GRAND TOTAL
$ 20.00
$ 1490.00
$21,466.00
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (FILE 3251-INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH
TARRANT COUNTY, CONTRACT AWARDED TO PHILPOTT FORD INC. IN THE
AMOUNT OF $386,388).
WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited,
received and tabulated competitive bids for the purchase of necessary materials,
equipmem, supplies or services in accordance with the procedure of state law on behalf
of the City of DeNon; and
WHEREAS, the City Manager or a designated employee has reviewed and
recommended that the herein described materials, equipmem, supplies or services can be
purchased by the City through the Tarrant County Cooperative Purchasing programs at
less cost than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the
appropriation of funds to be used for the purchase of the materials, equipmem, supplies or
services approved and accepted herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered purchase
order for materials, equipmem, supplies, or services, shown in the "Purchase Orders"
listed hereon, and on file in the office of the Purchasing Agem are hereby accepted and
approved as being the lowest responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
3251 Philpott Ford Inc. $386,388
SECTION 2. That by the acceptance and approval of the above numbered items
set forth in the attached purchase orders, the City accepts the offer of the persons
submitting the bids to Tarrant County for such items and agrees to purchase the materials,
equipment, supplies or services in accordance with the terms, conditions, specifications,
standards, quamities and for the specified sums comained in the bid documems and
related documems filed with Tarram County (Bid 2001-001), and the purchase orders
issued by the City.
SECTION 3. That should the City and persons submitting approved and
accepted items set forth in the attached purchase orders wish to enter into a formal
written agreement as a result of the City's ratification of bids awarded by the Tarrant
County, 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 and standards
contained in the Proposal submitted to the Tarrant County, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and
accepted.
SECTION 4. That by the acceptance and approval of the above numbered items
set forth in the attached purchase orders, the City Council hereby authorizes the
expenditure of funds therefor in the amount and in accordance with the approval purchase
orders 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- FILE 3251
Page 2 of 2
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
November 2, 2004
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of the
renewal of annual support maintenance for Denton Municipal Electric's Supervisory Control and
Data Acquisition System (SCADA) 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 3246-Renewal of SCADA Maintenance Agreement awarded to
Advanced Control Systems in the amount of $31,967).
FILE INFORMATION
This post-warranty maintenance agreement is for software and hardware support for the
Advanced Control Systems (ACS) Supervisory Control and Data Acquisition (SCADA) System.
This system is very sophisticated in its design. It combines hardware from several manufacturers
with software that is proprietary to ACS. The SCADA system controls and monitors the entire
electric system. A support agreement covering hardware and software is critical to the continued
safe operation of the electric system. Denton Municipal Electric is currently covered under an
ACS support agreement that expired October 1, 2004.
Chapter 252 of the Texas Local Government Code exempts from the competitive bid process,
those supplies and resources protected by copyright or patent and available from only one
source. This maintenance agreement falls in this category.
RECOMMENDATION
We recommend approval of File 3246 in the amount of $31,967.
PRINCIPAL PLACE OF BUSINESS
Advanced Control Systems
Norcross, GA
ESTIMATED SCHEDULE OF PROJECT
This agreement will be in effect from October 1, 2004 through September 30, 2005.
Agenda Information Sheet
November 2, 2004
Page 2
FISCAL INFORMATION
Funding for this item is available from DME accounts 600400.6528.5700 and
600400.6528.5920.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Maintenance Agreement Proposal
Attachment 2: Sole Source Letter
1-AlS-File 3246
A~achmen~ 1
ADDENDUM II
POST-WARRANTY
8/13/O4
Option 1
May we recommend the foflowing for superior support services:
ACS Software Full Subscription Support
HP Software Full Subscription Support
ACS Hardware Full Subscription Support
HP Hardware Full Subscription Support
Total Full Subscrfption
$
$
$
$
$
2,226 / Month
22 / Month*
118 / Month
250 / Month*
2,616 / Month
Standard HelpDesk Services are included in the above numbers.
Option 2
Baseline Support includes basic ACS coverage, but does not cover SW upgrades.
ACS Software Baseline Support N/A
ACS Hardware Baseline Support $
ACS HelpDesk Baseline Support $
O Total Baseline Subscription
Add any of the following options to your support agreement:
24 X 7 Emergency HelpDesk Coverage
OS$1 - On-site Services, Level 1 (3 Days On-site/yr)
O$S2 - On-site Services, Level 2 (5 Days On-siteJyr)
NTU SW Support with entire IED library
Standard Houd¥ ACS Support Fees (for services in
addition to those provided as part of the above support
fees); Fees for non-warranty and non-support Agreement,
Help Desk services ( in one-hour increments).
118 / Month
780 / Month
898 / Month
$ 654 / Month
$ 300 / Month
$ 500 / Month
$1,495 / Yea-
$185.00/hour
The annual support fees are payable quarterly by Licensee upon execution of this Agreement.
Any additional fees and charges will be billed by ACS to Licensee by invoice.
Licensee shall pay all such fees and charges within thirty (30) days of invoice.
Any delinquent payments sha~l bear interest at a rate of one and a half percent (1 1/2%)
per month or the maximum rate permitted by applicable law.
Effective Date:
July 1, 2005 - Septemper 30, 2005
for I-1P-UX System 1
EPSIPX~iff]~son Dot Matrix Printer FX-2170 3
ENVIZEX II Netstation 3
HP M900 19' Color Monitor (18_0" VI) 3
4 GIB FWF SCSI-2 Hot Swap disk Drive 2
End of Support Date
November 30, 2004
December 3 l, 2004
June 30, 2005
December 3 l, 2005
December 31, 2006
Software Covered under ACS Support Agreement
Company:
City of Denton Municipal Utilities
Base Software:
Application Software:
Special Software:
ACS PRISM bundled with:
Command Interpreter
HistoricaI Data Analysis
Sequence of Events
Advanced Report Writer
Operator Scratch Pad
Area Dispatch System
ACS Redundant RI)AC Operating System
Power Factor Control
Standard Vector Graphics System
Standard Vector Graphics System per Term
Network Terminal Gateway (NTG)
Reflections X (4 copies)
Applix
LiveData (fica ICCP)
Hardware Covered under ACS Support Agreement
FEP(s) (Includes PSIs)
Diagnostice Modem
Peripheral Switch
Attachment 2
Advanced Control Systems, Inc.. 2755 Northwoods Parkway. Norcross, Georgia
30071
Tel: 770 446 8854. Fax: 770 448 0957. www.acsatlanta.com
October 7, 2004
Mr. Tom Shaw
Purchasing Agent
City of Denton
215 E. McKinney Street
Denton, TX 76201
Dear Mr. Shaw:
We at Advanced Control Systems wish to thank you for the continued opportunity to serve you. Advanced
Control Systems is eagerly looking forward to continuing to provide Denton Municipal Utilities support for
your ACS PRISM System
The Advanced Control Systems PRISM System Software is sole source software, available only from
Advanced Control Systems. Additionally, om software support (Full Support Agreement) is only available
from Advanced Control Systems and is a sole source product (service) offering. The ACS Full Subscription
Support Agreement is adrnin/stered by Advanced Control System engineers and will provide the highest
level of support to enable the maximum usage of your PRISM System.
Please do not hesitate to contact me with any questions or suggestions.
Best regards,
Jeffrey Smith
Director Service & Support
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF THE RENEWAL OF ANNUAL SUPPORT MAINTENANCE FOR
DENTON MUNICIPAL ELECTRIC'S SUPERVISORY CONTROL AND DATA
ACQUISITION SYSTEM (SCADA) 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 3246-RENEWAL OF SCADA
MAINTENANCE AGREEMENT AWARDED TO ADVANCED CONTROL
SYSTEMS IN THE AMOUNT OF $31,967).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following purchase of materials, equipment or supplies, as
described in the "Purchase Orders" listed hereon, and on file in the office of the
Purchasing Agent, and the license terms attached hereto are hereby approved:
FILE
NUMBER VENDOR AMOUNT
Advanced Control Systems
3246 $31,967
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.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3246
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
November 2, 2004
Materials Management
Kathy DuBose ~G
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of a Pole Setting Machine for the Electric Distribution Department; and providing for
the expenditure of funds therefore; and providing an effective date (Bid 3217-Pole Setting
Machine awarded to lowest responsible bidder, Altec industries, inc. in the amount of $87,618).
BID INFORMATION
This bid is for the purchase of a 40-foot sheave height, hydraulically operated, telescopic,
backyard Pole-Setting Machine for Denton Municipal Electric.
RECOMMENDATION
We recommend award of this item to the lowest responsible bidder, Altec industries, inc., in the
amount of $87,618. The apparent low bid submitted by Terex did not meet specification for
sheave length, working height, boom extension, winch capacity, bucket leveling, and articulating
lower boom.
PRINCIPAL PLACE OF BUSINESS
Altec Industries, Inc.
Waxahachie, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of this equipment is estimated to be 60 days from receipt of the order.
FISCAL INFORMATION
This item will be funded from Electric Distribution account 600200.8535.3980A ($24,759) and
Motor Pool account 810001.8535 ($62,859).
Agenda Information Sheet
November 2, 2004
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AlS-Bid 3217
Bid # 3217
Date: September 23, 2004 Attachment
POLE-SE-II-lNG MACHINE
Terex Utilitie . .
~ ~ Terex Utilities Altec lnaustries,
~~ South A i t eSr°nUatthe B i d Inc.
Principle Place of Business: San Antonio, TX San Antonio, TX Waxahachie, TX
40 FT SHEAVE
HEIGHT INSULATED
1 1EACH $93,450.00 $84,545.00 $87,618.00
BACKYARD POLE-
SE1-FING MACHINE
Make/Model EZ Hauler 3500 EZ Hauler 2500 Skylift Mini
Bid Mini Derrick Mini Derrick Derrick
$3809.00 on
Proposal Vs. Price
See Bid No Bid
on Quote Sheet
$~9~0.00
Make/Model See Bid
Bid
SHIPMENT 60-90 Days 60-90 Days 60 Days
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A POLE SETTING MACHINE FOR THE ELECTRIC DISTRIBUTION
DEPARTMENT; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROViDiNG AN EFFECTIVE DATE (BID 3217-POLE SETTING MACHINE AWARDED TO
LOWEST RESPONSIBLE BIDDER, ALTEC iNDUSTRiES, INC. IN THE AMOUNT OF
$87,618).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID
NUMBER VENDOR AMOUNT
3217 Altec industries, inc. $87,618
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be on file in the office of the Purchasing
Agent; provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Bid Proposal and related documents herein
approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3217
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2004
DEPARTMENT:
CM/DCM/ACM:
Airport and Transportation Operations
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an Ordinance of the City of Demon authorizing the City Manager, or
his designee, to execute on behalf of the City of Demon an acceptance of an offer from the
Texas Department of Transportation relating to a grant for routine Airport Maintenance
Program; authorizing the City Manager to expend funds provided for in the gram program;
and declaring an effective date (TxDOT) Project No.: AM2005DNTON; and TxDOT CSJ
No.: M518DNTON).
BACKGROUND
On February 18, 1997 the City of Denton entered into an Agreement with the Texas
Department of Transportation (TxDOT), Aviation Division known as the Routine Airport
Maimenance Program (RAMP). The RAMP gram provides for a fifty percem (50%)
State-funding match with the local government sponsor. The grant has a cap of $30,000 of
State assistance. This is an increase of $20,000 over the original 1997 RAMP gram. The
Demon Airport budget has $30,000 in matching funds for a total of $60,000 to be applied
toward Airport maimenance projects. Airport Staff has idemified several projects that
could be completed with this grant.
ESTIMATED SCHEDULE OF PROJECT
TxDOT is requesting two signed agreements to be returned expeditiously. The State must
approve its share of funding prior to the start of the project. It is anticipated that all
projects will be completed by August 31, 2005.
PRIOR ACTION/REVIEW
The City Attorney's Office has reviewed and approved this ordinance. The Airport
Advisory Board recommends approval of this Agreemem.
FISCAL INFORMATION
The City's fifty percent (50%) match of $60,000 is $30,000.
for the RAMP grant in the 2004-2005 Airport budget.
EXHIBITS
Ordinance
TxDOT Grant Agreement
Funds have been authorized
Prepared by:
Robert Hanna
Airport Operations Manager
Respectfully submitted:
Mark Nelson
Director of Airport and Transportation
Operations
S:\Our Documents\Ordinanees\04\TxDOT Airport Maintenance Grant 2005.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN
ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION
RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM;
AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE
GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE (TxDOT Project No.: AM
2005DNTON; AND TxDOT CSJ No.: M518DNTON).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton, or his designee, is hereby authorized
to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of
Transportation relating to a grant for Routine Airport Maintenance Program, a copy of such grant
being attached hereto and made a part hereof for all purposes (the "Grant Agreement").
~. The City Manager is hereby authorized to expend such funds as are provided
for in the Grant Agreement.
SECTION 3. 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:
fTROVED AS TO LEGAL FORM: Y
BY. - (I ,f
TEXAS DEPARTMENT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
TxDOT Project No.: AM 2005DNTON
TxDOT CSJ No.: M$18DNTON
Part I - Identification of the Project
TO:
The City of Denton, Texas
FROM:
The State of Texas, acting through the Texas Department of Transportation
This Grant is made between the Texas Department of Transportation, (hereinaiter
referred to as the "State"), on behalf of the State of Texas, and the City of Denton, Texas,
(hereinaiter referred to as the "Sponsor").
This Grant Agreement is entered into between the State and Sponsor shown above, under
the authority granted and in comlofi~ce with the provisions of the TLmn~ortation Code, Chapter 21.
The project is for airport maintenance at the Denton Municipal Airport.
Pnrt H - Offer of Financial Assistance
For the Purposes of this Grant, the annual routine maintenance project cost, Amount A, is
estimated as found on Attachment A, Scope of Services, attached hereto and made a part
of this grant agreement.
State financial assistance granted will be used solely and exclusively for airport
maintenance and other incidental items as approved by the State. Actual work to be
performed under this agreement is found on Attachment A, Scope of Services. State
financial assistance, Amount B, will be for fifo/percent (50%) of the eligible project costs
for this project or $30,000.00, which ever is less, per fiscal year and subject to availability
of state appropriations.
The Sponsor may request the State to provide mowing services, services to be provided at
the discretion of the State. However, mowing services will not be eligible for state
financial assistsnce. Sponsor will be responsible for 100% of costs of any mowing
services.
AVN4301.DOC (9/2005)
Page 1 of 12
Scope of Services, Attachment A, of this Grant, may be amended, subject to availability
of state funds, to include additional approved airport maintenance work. Scope
amendments require submittal of an Amended Scope of Services, Attachment A.
Services will not bo accomplished by the State until receipt of Sponsor's share of project
Only work items as described in Attachment A, Scope of Services of this Grant are
reimbursable under this grant.
Work shall be accomplished by August 31, 2005, unless otherwise approved by the State.
The State shall determine fair and eligible project costs for work scope. Sponsor's share
of estimated project costs, Amount C, shall be as found on Attachment A and any
amendments.
R is mutually understood and agreed that if, during the temi of this agreement, the State
determines that there is an overrun in the estimated annual routine maintenance costs, the
State may increase the grant to cover the amount of the overrun within the above stated
percentages and subject to the maximum amount of state funding.
The State will not authorize expenditures in excess of the dollar amounts identified in this
Agreement and any amendments, without the consent of the Sponsor.
Sponsor, by accepting this Grant c~tifies and, upon request, shall furnish proof to the
State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the
State the fight to audit any books and records of the Sponsor to verify expended funds.
Upon execution of this Agreement and written demand by the State, thc Sponsor's
fimmciaI obligation (Amount C) shall be due in cash and payable in full to the State.
State may request the Sponsor's financial obligation in partial payments. Should tho
Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written
demand, the State may ~xercise its rights under Paragraph V-3. Likewise, should the
State be unwilling or unable to pay its obligation in a timely manner, the failure to pay
shall be considered a breach and the Sponsor may exercise auy rights and remedies it has
at law or equity.
The State shall reimburse or credit the Sponsor, at the financial closure of the project, any
excess funds provided by the Sponsor which exceed Sponsor's share (Amount C).
The Sponsor specifically agrees that it shall pay any project costs which exceed the
amount of financial participation agreed to by the State. It is further agreed that the
Sponsor will reimburse tho State for any payment or payments made by the State which
are in excess of the percentage of ~ancial assistance (Amount B) as stated in Paragraph
Page ~2 of 12
Scope of Services may be accomplished by State contracts or through local contracts of
the Sponsor as determined appropriate by the State. All locally contracted work must bc
approved by thc State for scope and reasonable cost. Reimbursement requests for locally
contracted work shall be submitted on forms provided by the State and shall include
copies of the invoices for materials or services. Payment shall be made for no more than
50% of allowable charges.
The State will not participate in lundin§ for force account work conducted by the
Sponsor.
This Grant shall terminate upon completion of the scope of services.
Part III - Sponsor Responsibilities
In accepting this Grant, if applicable, the' Sponsor guarantees that:
it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, pwcedures, covenants and assurances required by thc
State in connection with this Grant; and
thc Airport or navigational facility which is the subject of this Grant shall be
controlled by the Sponsor for a period of at least 20 years; and
consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, Mnds and classes of aeronautical use
without discrimination between such types, kinds and classes and shall provide
adequate public access during the period of this Grant; and
it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an a/rport landing area. Aeronautical activities
include, but are not limitexl to scheduled airline flights, charter flights, flight
instm~on, aircraft sales, rental and r~air, sale of aviation petroleum products
and aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, wads, airport lighting mad navigational aids; and
it shall not enter into any agreement nor pei-nfit any aircraf{ to gain direct ground
access to the sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
L
it shall not permit non-aeronautical use of airport facilities without prior approval
of the State; and
Page 3 of 12
AVN4301.nOC (9/2OO5)
the Sponsor shall submit to the State annual statements of airport revenues and
expenses when requested; and
all fees collected for 'the use of the airport shall be reasonable and
nondiscriminatory. The proceeds from such fees shall be used solely for the
development, operation and maintenance of the airport or navigational facility;
and
an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund, shall be submitted to the State. The fund may be an account as part of
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible fi-om other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
money from any source derived from airport operations must be deposited in the
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor. All expenditures from the Airport Fund shall be
solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or
loan by the State unless, prior to such subsequent approval of a grant or loan,
Sponsor has complied with the requirements of this subparagraph; and
the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airpol~ operations as provided in Tex. Loc. Govt. Code Ann. Sections
241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain
avigation easements or other property interests in or rights to uso of land or
airspace, unless sponsor can show that acquisition and retention of such interest
will be impractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State.
The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of
the Sponsor, the Sponsor's agents or employees performed under this agreement. The'
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, incluaing attorney
fees which might be incurred by the State in litigation or otherwise resisting claim or
Page 4 of 12
AVN4301 .DOC (9~2005} :
o
4
liabilities which might be imposed on the State as the result of those activities by the
Sponsor, the Sponsor's agents or employees.
The Sponsor's acceptance of this Offer and ratification and adoption oft. his Grant shall be
evidenced by exertion of this Grant 'by the Sponsor. The Gr~t shall comprise a
contract, con.ruling the obligations and fights of the Sate of Texas and the Sponsor
with respect to the accomplishment of the project and the operation and maintenance of
the airport.
If it becomes mu-e~onable or impractical to complete the project, the State may void this
agreement and release the Sponsor from any fuzther obligation of project costs.
Upon entering into this Grant, Sponsor agrees to name au individual, as the Sponsor's
Authorized Representative, who shall be the State's contact with regard to this project.
The Representative shall receive all correspondence and documents associated with this
grant and shall make or shall acquire approvals and disapprovals for this grant as required
on behalf of the Sponsor, and coordinate schedule for work items as required.
By the acceptance of grant funds for the maintenance of eligible airport buildings, the
Sponsor certifies that the buildings are owned by the City and/or County. The buildings
may be leased but if the lease agreement specifies that the lessee is responsible for the
upkeep and repairs of the building no state funds shall be used for that purpose.
Sponsor shall request reimbur~ment of eligible project costs on forms provided by the
State. All reimbm'sement requests are required to include a copy of the invoices for the
materials or services. The reimbursement request will be submitted no more than once a
month.
The Sponsors acceptance of this Agreement shall comprise a Grant Agreement, as
provided by the Transportation Code, Chapter 21, constituting the contractual obligations
and rights of the State of Texas and the Sponsor with respect to the accomplishment of
the airport maintenance and compliance with the assurances and conditions as provided.
Such Grant Agreement shall become effective upon the State's written Notice to Proceed
issued following execution of this agreement.
AVN4301.D~C (9/2005)
Page 5 of 12
PART IV - Nomination of the Agent
The Sponsor designates thc State as thc party to receive and disburse all funds used, or to
be used, in payment of the costs of the project, or in reimbursement to either of the parties
for costs incurred.
The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent
to perform the following services:
accept, receive, and deposit with the State any and all project funds granted,
allowed, and paid or made available by the Sponsor, the State of Texas, or any
other entity,
b. enter into contracts as necessary for execution of scope of services;
if State enters into a contract as Agent: exercise supervision and direction of the
project work as the State reasonably finds appropriate. Where there is an
irreconcilable conflict or difference of opinion, judgment, order or direction
between the State and the Sponsor or any service provider, the State shall issue a
written order which shall prevail and be controlling;
receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance 'with the State approved contracts;
obtain an audit as may be required by state regulations; the state auditor may
conduct an audit or investigation of any entity receiving funds fi-om the state
directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly throu~ a subcontract
under this contract acts as acceptance of thc authority of thc state auditor, under
the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds.
f.
reimburse sponsor for approved contract maintenance costs no more than once a
month.
PART V - Recitals
This Cu'ant is executed for the sole benefit of the contracting parties and is not intended or
executed for the direct or incidental benefit of any third party.
It is the intent of this grant to not supplant local funds normally utilized for airport
Page 6 of 12
AVN4301.DOC (9f200:~)
maintenance, and that any stale financial assistance offered under this grant be in addition
to those local funds normally dedicated for airport maintenance.
This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21
and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq.
CVernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the
roles and statutes shall be considered a breach of this contract and will allow the State to
pursue the remedies for breach as stated below.
Of primary importance to the State is compliance with the terms and conditions
of this Grant. If, however, after all reasonable attempts to require compliance
have failed, the State finds that the Sponsor is unwilling and/or unable to comply
with any of the terms of this Grant, the State, may pursue any of the following
remedies: (1) require a refund of any financial assistance money expended
purm~ant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the
Attomey General to bring suit seeking reimbursement of any financial assistance
money expended on the project pursuant to this Grant, provided however, these
remedies shall not limit the State's authority to enforce its rules, regulations or
orders as otherwise provided by law, (4) declare this Grant null and void, or (5)
any other remedy available at law or in equity.
Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Grant, or for enforcement of any of the provisions of this
Grant, is specifically set by Grant of the parties in Travis County, Texas.
The State reserves thc right to amend or withdraw this Grant at any time prior to
acceptance by the Sponsor. The acceptance period cannot bo greater than 30 days after
issuance unless extended by the State.
This Grant constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amc-nded,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
Ali commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon thc Sponsor and the State (including Sections 5
and 7 of Article 11 of the Texas Constitution, if applicable) and to the .availability of
funds which lawfully may be applied.
AVN4301.DOC (§/2005)
Page 7 of 12
Part VI - Acceptances
Sponsor
The City of Denton, Texas, does ratify and adopt all statements,
warranties, covenants, agreements, and all terms and conditions of this Grant.
Executed this day of ,20
City ofDe~ton, Tex ,as
Sponsor
representations,
Wimess Signature
Sponsor Signature
Witness Title
Sponsor Title
Certificate of Attorney
I, [~) ff"~v'°r'-a'~ , acting as attomey for c~/~-~ ~'~
Texas, do e~ ~t I ~ve ~ly ex~ ~e ~t ~d ~o pme~ ~m by &e Spoor
relating W ~e ~c~moe of &e ~t, ~d ~d ~t thc.~ of ~c~mce ~d execution of
· e ~t by ~e S~mor, is ~ ~c~ce ~& ~e laws of~e S~te of Text.
Dat~ at ~ ~ ~ ~ , T~, tMs 20 o ~
Wimess Signature
q ri-tne s Title -- / '
2./scday of Oc-r
AVN4~01.DOC (9/2005)
Page 8 of 12
Acceptance of the State
Executed by and approved for the Texas Transportation Commission for me purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by thc Texas Transpo~on Commission.
stATE OF 'XAS
TEXAS DBPARTMBNT OF TRANSPORTATION
By:.
Dat~:
AVN4301 .DOC (9/2O05)
Page 9 of 12
Attachment A
Scope of Services
TxDOT CSJ No.:M$1$DNTON
PAVEMENTS
GENERAL MAINTENANCE
PAVEMENT MARKINGS
GRADING/DRAINAGE
$42,355.00 $21,177.1 $21,177.
$10,800.00
$0.00
$0.00
MISCELLANEOUS $6,845.00
Total
$60,000.00
$5 $5
$0.00 $0.00
$0.00 $0.00
$3,4: $3
$3.0,000.00
$30,000.00
Accepted by: Citv...ofDentom Texas
Signature
Titlc:
Date:
Notes: (explanations of any specifications or variances as needed for above scope items)
PAVEMENTS - City to repair and resurface airoort roods
MISCE!.I.ANEOUS - City_ tO contract for ATC eauipment maintenance, relocate electrical
u ,tilities
Only work items as described in Attachment A, Scope of Services of this Grant are
reimbursable under this grant
AVN4301.DOC (9/2005)
Page 10 of 12
CERTIFICATION OF AIRPORT FUND
TxDOT CSJ No.: M518DNTON
The City of Denton does certify that an Airport Fund has been established for the Sponsor, and
that all fees, charges, rents, and money from any source derived from airport operations will be
deposited for the benefit of the Airport Fund and will not be diverted for other general revenue
fund expenditures or any other special fund of the Sponsor and that all expenditures from the
Fund will be solely for airport purposes. The fund may be an account as part of another fund, but
must be accounted for in such a manner that all revenues, expenses, retained earnings, and
balances in the account am discernible from other types of moneys identified in the fund as a
whole.
The City of Denton. Texas
(Sponsor)
By:
Title:
Date:.
AVN4301.DOC (9/~00~)
Page 1 l of 12
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT CSJ Number: MSlSDNTON
The City of Denton designates,
(Name, Title)
as ~he Sponsor's authorized representative, who shall receive ail correspondence ~ documents
associated with this ~ant and who shall make or shall acquire approvals and disapprovals for this
grant as required on behalf of the Sponsor.
Ci.tN of Denton. Texas
(Sponsor)
By:
Title:.
Date:
DESIGNATED REPRESENTATIVE
Mailing Address:
Ovvrnight Mailing Address:.
Telephone/Fax Number:.
Email address (if available):
AVN4301.DOC (9/2005')
Page 12 of 12
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
November 2, 2004
Airport and Transit Operations
Jon Fortune, Assistant City Manager
SUBJECT
Consider the adoption of an ordinance approving a commercial operator airport lease agreement
between the City of Denton and Terence Jarog on approximately 2,790 square feet of land at the
Denton Municipal Airport; and providing an effective date.
BACKGROUND
Terence Jarog wishes to lease a parcel of land totaling approximately 2,790 square feet of land,
45ft. X 62ft., at the Denton Airport. The terms of the lease will obligate Mr. Jarog to construct a
hangar of at least 45 feet by 50 feet within 720 days. Total development will be a minimum of
2,250 square feet. This facility will be constructed for the purpose of personal general aviation
aircraft storage.
OPTIONS
I. Approve the lease as proposed.
II. Provide staff direction with additional lease options.
RECOMMENDATION
The Airport Advisory Board unanimously recommends approval of the lease as presented.
Airport Staff recommends approval of the lease as presented.
ESTIMATED SCHEDULE OF PROJECT
The lease would become effective November 15, 2004 and continue through the 14~h day of
November 2034 (30 years). The lease also provides for two successive option terms often years
each.
PRIOR ACTION/REVIEW
The City Attorney's Office has reviewed the proposed lease.
FISCAL INFORMATION
The lease rate for the identified site is $0.12 per square foot per year. The lease rate for the first
two years will be approximately $334.80 per year. The lease agreement provides for rate
adjustments, Consumer Price Index adjustments, every other year for the term of the lease as per
FAA requirement.
EXHIBITS
Ordinance
Lease Agreement
Prepared by:
Robert Hanna
Airport Operations Manager
Respectfully submitted:
Mark Nelson
Director of Airport and Transportation Operations
S:\Our Documents\Ordinanees\04kAirport Lease-Jarog. doc
ORDINANCE NO.
AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TERENCE JAROG ON
APPROXIMATELY 2,790 SQUARE FEET OF LAND AT THE DENTON MUNICIPAL
AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an airport
lease agreement for commercial operator between the City of Denton and Terence Jarog on
approximately 2,790 square feet of land at the Denton Municipal Airport, in substantially the
form of the Airport Lease Agreement which is attached to and made a part of this ordinance for
all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of. ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
This Lease Agreement is made and executed to be effective this Second day of
November, 2004 (the "Effective Date") at Denton, Texas, by and between the City of
Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", Terence Jarog,
hereinafter referred to as "Lessee".
WlTNESSETH:
WHEREAS, Lessor now owns, controls and operates the Denton Municipal Airport
(the "Airport") in the City of Denton, County of Denton, State of Texas; and
WHEREAS, Lessee desires to lease certain premises at the Airport and construct and
maintain an aircraft hangar and related aviation facilities thereon;
NOW, THEREFORE, for and in consideration of the promises and the mutual
covenants contained in this Agreement, the parties agree as follows:
I. CONDITTON.q OF I.F.A.qE AGRF, FM-FNT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER
CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS
SECTION SHALL BE BINDING.
A. pRINCIPT.RS OF OPRR ATIONS. The right to conduct aeronautical and related
activities for furnishing services to the public is granted to Lessee subject to Lessee
agreeing:
1. To furnish said services on a fair, equal and not unjustly discriminatory basis
to ali users thereof; and
To charge fair, reasonable and not unjustly discriminatory prices for each unit
or service; provided, that Le..ssee may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
B. NON-DISCRIMINATION: Lessee, for itself, its personal representatives,
successors, and assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that:
1. No person on the grounds of race, religion, color, sex, or national origin shall
be excluded from participation in, denied the benefits of, or be otherw/se
subjected to discrimination in the use of said facilities;
2. In the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, religion,
color, sex, or national origin shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination;
3. Lessee shall use the premises in comphance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimi-
nation in Federally assisted programs of the Department of Transportation -
Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may
be amended.
C. RIGI-IT OF INDIVIDTIAT,,q TO MAINTAIN AIRCRAFT. It is clearly
understood by Lessee that no right or privilege has been granted which would operate to
prevent any person, firm or corporation operating aircraft on the Airport from performing
any services on its own aircraft with its own regular employees (including, but not limited
to, maintenance and repair) that it may choose to perform.
D. NON-I~.¥CLI ISWF, RIGHT. It is understood and agreed that nothing herein
contained shall be construed to grant or authorize the granting of an exclusive right within
the meaning of Title 49 U.S.C. Appendix §1349.
E. pi Jl:IT JC ARF. AS.
Lessor reserves the right to further develop or improve the landing area of the
Airport as it sees fit, regardless of the desires or views of Lessee, and without
interference or hindrance.
Lessor shall be obligated to maintain and keep in good repair the landing area
of the Airport and all publicly owned facilities o£the Airport, together with the
right to direct and control all activities of Lessee in this regard.
During time of war or national emergency, Lessor shall have the right to lease
the landing area or any part thereof to the United States Government for
military or naval use, and, if. such lease is executed, the provisions of this
instrument insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended.
Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, together with the right to
prevent Lessee from erecting, or permitting to be erected, any building or other
structure on or adjacent to the Airport which, in the opinion of Lessor, would
limit the usefulness or safety of the Airport or constitute a hazard to aircraft or
to aircratt navigation.
5. This Lease Agreement shall be. subordinate to the provisions of any existing or
future agreement between Lessor and the United States or agency thereof,
AIRPORT LEASE AGREEMENT JAROG- Page 2
relative to the operation or maintenance of the Airport.
]1. 1 ,F, ASF, D PRF, MISES
Lessor, for and in consideration of the covenants and agreements herein contained, to
be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby lease
fi:om Lessor, for the lease term described in Article III, the following described land situated
in Denton County, Texas:
A. 1 .and.. A tract of land, being approximately 45 feet X 62 feet, 2,790 square feet, or
0.06405 acres, as legally described on Attachment "A", (the "Leased Premises").
Together with the right of ingress and egress to the Leased Premises; and the right in
common with others so authorized of passage upon the Airport property generally, subject
to reasonable regulations by the City of Denton and such rights shall extend to Lessee's
employees, passengers, patrons and invitees. For purposes of this agreement, the term
"Leased Premises" shall mean all property located wittfin the metes and bounds described
and identified within Attachment "A", including leasehold improvements constructed by the
Lessee, but not including certain easements or property owned and/or controlled by the
Lessor.
B. ]]~-PROVF, MFNTS PROV1DF, D FlY l,F,,q,qf)R: NONE: There will be no
improvements provided by Lessor, except as set forth in Article II.E. "Access to Utilities"
below.
For the purpose of this Lease Agreement, the term "Lessor improvements" shall mean
those things, on or adjacent to the Leased Premises belonging to, constructed by, or to be
constmcted by the Lessor, which enhance or increase, the value or quality of the Leased
Premises. Unless otherwise noted herein, all Lessor improvements are and will remain the
property of Lessor. All Lessor improvements must be described in detail above, or above
referenced and attached to this Agreement in an exhibit approved by Lessor.
C.. IMPRf)VF. MFNT,q PROVIDF. D FlY I .F.,q,q~.l~;_ On the Leased Premises, Lessee
shall construct a hangar/office complex totaling not less than 2,250 square feet with taxiway
access and appropriate culverts or drainage as required by City ordinances in the utility right
of way south and north of the proposed hangar as well as other improvements as determined
necessary by City ordinances (the "Lessee's Improvements"). Lessee shall provide a
minimum of .I (one) auto parking spaces on the proposed lease premises. Lessee's
Improvements shall be commenced no later than 270 days and completed no later than 720
days fi:om the effective date of this Lease Agreement as evidenced by the issuance of a
Certificate of Occupancy (the "Construction Period").
Notwithstanding anything contained in this Lease Agreement to the contrary, a
failure to complete the Lessee's Improvements within the Construction Period may, at
the sole option and discretion of the Lessor, result in the immediate termination and
cancellation of this Lease Agreement upon 30 days written notice of cancellation to
AIRPORT LEASE AGREEMENT JAROG- Page
Lessee. In such case Lessee's rights under the Lease Agreement will immediately
cease and be forfeited, and all of Lessee's Improvements shall immediately become the
property of Lessor at no cost, expense or other compensation paid by Lessor to
Lessee; and Lessee shall immediately vacate the Leased Premises.
D. I~,A,qF, MFNT,q. Lessor and Lessee by mutual agreement may establish, on the
Leased Premises, easements for public access on roads and taxiways.
E. ACCE,q.q TO l ITT[ ,TTIE~q. Less°r represents that there are water, sewer and 3-
phase electricity lines within close proximity to the Leased Premises available to "tap-in" by
Lessee, and that the same are sufficient for usual and customary service on the Leased
Premises.
111. T~RM
The term of this Lease Agreement shall be for a period of thirty (30) years, com-
mencing on the 15th day of November, 2004 and continuing through the I4th day of
November of 2034, unless earlier terminated under the provisions of the Lease Agreement
(the "Lease Term"). Any attempt by Lessee to renegotiate this Lease Agreement shall be in
writing addressed to the City Manager or his designee at least one hundred eighty (180)
days before the expiration of the Lease Term, and at least 180 days before the expiration of
any additional renegotiated period. Lessee has the option to renew for two (2) additional ten
(10) year terms. The rental and terms to be negotiated shall be reasonable and consistent
with the then value, rentals and terms of similar property on the Airport.
IV. pAYMF, NT~q: RFNTAL~q AND FEES
Lessee covenants and agrees to pay Lessor, as consideration for this Lease Agreement,
the following payments, rentals and fees:
A. I,AND RENTAL shall be due and payable in the sm of $0.12 per square foot or
$334.80 per year (the "Original Rent"), payable in twelve (12) equal monthly installments
in the sum of Twenty-Seven dollars and Ninety cents (27.90) in advance, on or before the
1st day of each and every month during the term of this Lease Agreement. Lessee has the
option to pay annual rentals and fees in whole on or before the 1 st day of October, at the
beginning of the City's fiscal year, each and every year of this Lease Agreement.
Notwithstanding the foregoing, the annual lease rental will be reduced by the current lease
rate per square foot, as adjusted by the CPI-U referenced in Section IV.C., times the number
of square feet comprising all easements established in accordance with Article TI (D).
B. t.~ssor tn, mrovF, tvmNTs RFNTAT.S_ NONE:
improvements on the Leased Premises.
There are no Lessor
C. pAYMF. NT; PF. NAI ,TV: AD_T[ IRTMENTS. All payments due Lessor from Lessee
shall be made to Lessor at the offices of the Finance Department of the City of Denton,
AIRPORT LEASE AGREEMENT JAROG- Page 4
Customer Service Division, 601 West Hickory, Denton, Texas, unless otherwise designated
in writing by the Lessor. If payments are not received on or before the 15th day of the
month, a five percent (5%) penalty will be due as of the 16th. If payments are not received
by the first of the subsequent month, an additional penalty of one percent (1%) of the unpaid
rental/fee mount will be due. A one percent (1%) charge will be added on the first of each
subsequent month until the unpaid rental/fee payment is made. The Original Rent for the
Leased Premises shall be readjusted every other year during the Lease Term on the basis of
the proportion that the then current United States Consumer Price Index for all urban
consumers (CPI-U) for the Dallas-Fort Worth Bureau of Labor Statistics bears to the
previous odd month 2004 index, which was 179_1 (1982-84 = 100). Each rental
adjustment, if any, shall occur on the 1 st day of October, begitming 2006, and every other
year thereafter on such date.
The adjustments in the yearly rent shall be determined by multiplying the Original
Rent bya fraction, the numerator of which is the index number for the last month prior to
the adjustment, and the denominator of which is the index number applicable at the
execution of this Lease Agreement. If the product of this multiplication is greater than
the Original Rent, Lessee shall pay this greater amount as the yearly rent until the time of
the next rental adjustment as called for in this section. If the product of this multiplication
is less than the Original Rent there shall be no adjustment in the annual rent at that time,
and Lessee shall pay the previous year's, annual rent until the time of the next rental
adjustment as called for in this section. In ~no event shall any rental adjustment called for
in this section result in an annual rent less than the previous year's annual rent. The
adjustment shall be limited so that the annual rental payment determined for any given
two-year period shall not exceed the annual rental payment calculated for the previous
CPI adjustment by more than twenty percent (20%) percent.
If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort
Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor
Statistics, is discontinued during the Lease Term, the remaining rental adjustments called
for in this section shall be made using the formula set forth above, but by substituting the
index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For
All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U
applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-
Fort Worth geographical region and the U.S. City Average are discontinued during the
Lease Term, the remaining rental' adjustments called for in this section shall be made using
the statistics of the Bureau of Labor Statistics of the United States Department of Labor that
are most nearly comparable to the CPI-LI applicable to the Dallas-Fort Worth geographical
region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to
exist or ceases to publish statistics concerning the purchasing power of the consumer dollar
during the Lease Term, the remaining rental adjustments called for in this section shall be
made using the most nearly comparable statistics published by a recognized financial
authority selected by Lessor.
AIRPORT LEASE AGREEMENT JAROG- Page 5
V. RIGI-IT,q AND OFII JGATIONR OF 1 ,E,qSP. E
A. ILqE OF I.EASED PRF. MI,qP.R. Lessee is granted the non-exclusive privilege to
engage owner/operator activities providing the following aviation services:
1. Hangar Space I cadging. Lessee is granted the non-exclusive fight to rent hangar
space.
2. Office Space I Jea~qing. Lessee is granted the non-exclusive right to rent office
space.
3. Tie-Down Service& Lessee is granted the non-exclusive fight to charge for fie-
down services on Lessee's property.
Lessee, its tenants, employees, invitees and guests shall not be authorized to conduct
any services not specifically listed in this Lease Agreement. The use of the Leased Premises
by Lessee, its tenants, employees, invitees or guests shall be limited to only those private,
commercial, retail or industrial activities having to do with or related to airports and avia-
tion. No person, business or corporation may operate a commercial, retail or industrial
business upon the Leased Premises or upon the Airport without a lease or hcense fi.om
Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not
unreasonably withhold authorization to conduct aeronautical or related services.
B. STAN--DARDS. Lessee shall meet or exceed the following standards:
Addre~q.q. Lessee shall file with the Airport Manager and keep current its
maihng addresses, telephone numbers and contacts where it can be reached in
an emergency.
2. !.i.qt_ Lessee shall file with the Airport Manager and keep current a list of its
tenants and sublessees.
Conduct. Lessee shall contractually require its employees and sublessees (and
sublessee's invitees) to abide by the terms of this Lease Agreement. Lessee
shall promptly enforce its contractual rights in the event of a default of such
covenants.
Iltilifes: Taxe.q and Fees. Lessee shall meet all expenses and payments in
connection with the use of the Leased Premises and the rights and privileges
herein granted, including the timely payment of utilities, taxes, permit fees,
license fees and assessments lawfully levied or assessed.
l,aw.~. Lessee shall comply with all current and future federal, state and local
laws, rules and regulations which may apply to the conduct of business
contemplated, including rules, regulations and ordinances promulgated by
Lessor, and Lessee shall keep in effect and post in a prominent place all
AIRPORT LEASE AGR.EEMENT JAROG- Page 6
necessary and/or required licenses or permits.
6. M,3ntenance of Property.. Lessee shall be responsible for the maintenance,
repair and upkeep of all propexty, buildings, structures and improvements,
including the mowing or elimination of grass and other vegetation on the
Leased Premises, and shall keep the Leased Premises neat, clean and in
respectable condition, free fi:om any objectional matter or thing, including
trash or debris. Lessee agrees not to utilize or permit others to utilize areas on
the Leased Premises which are located on the outside of any hangar or
building for the storage of Wrecked or permanently disabled aircraft, aircraft
parts, automobiles, vehicles of any type, or any other equipment or items
which would distract from the appearance of the leased premises. Lessee
agrees that at no time shall the Leased Premises be used for a flea market type
sales operation.
p,3nting of Fhfitdin~. During the Lease Term of this Lease Agreement and
during each extension, Lessor shall have the right to require, not more than
once every five years, that the metal exterior of hangar(s) or building(s)
located on the Leased Premises be repamted. The Lessor may require Lessee
to repaint said exteriors according to Lessor's specifications (to specify color
of paint, quality of workmanship and the year and month in which the
hangar(s) or building(s) are to be painted, if needed.) Lessee shall complete
the painting in accordance with such specifications within one (1) year of
receipt of notice from Lessor. Lessee agrees to pay all costs and expense
involved in the hangar or building painting process. Failure of Lessee to
complete the painting required by Lessor, within the one (1) year period shall
constitute Lessee's default under this Lease Agreement.
8. l[ h~authorized n.qe of l.eased Premises. Lessee may not use any of the Leased
Premises for any use not authorized herein unless Lessor gives Lessee prior
written approval of such additional use. Without limiting the foregoing the
Leased Premises shall not be used for the operation of a motel, hotel,
restaurant, private club or bar, apartment house, storage of recreational
vehicles, automobiles, or marine vehicles, or for industrial, commercial, retail,
or other purposes, except as authorized herein.
I/w_eJdings. It is expressly understood and agreed that no dwelling or domicile
may be built, moved to or established on or within the Leased Premises nor
may lessee, its tenants, employees, invitees, or guests be permitted to reside or
remain as a resident on or within the Leased Premises or other Airport
premises. Lessee may have a pilot lounge, including restroom and shower
facilities for use by flight crew~and passengers.
10. Quit Po.q~qe,~q.qion. Lessee shall quit possession of the Leased Premises at the
end of the Lease Term or any renewal or extension thereof, or upon
cancellation or termination of the Lease Agreement, and deliver up the Lease
AlRPORT LEASE AGREEMENT JAROG- Page 7
Premises to Lessor in as good condition as existed when possession was taken
by Lessee, reasonable wear and tear excepted.
11. ,Indemnity.. Lessee must indemnify, hold harmless and defend the Lessor, its
officers, agents and employees, from and against liability for any and all
claims, liens, suits, demands and/or actions for damages, injuries to persons
(including death), property damage, (including loss of use), and expenses,
including court costs, attorneys' fees and other reasonable costs, occasioned
by or incidental to the Lessee's occupancy or use of the Leased Premises or
the Airport and/or activities conducted in connection with or incidental to this
Lease Agreement, including all such causes of action based on common,
constitutional or statutory law, or based in whole or in part upon the negligent
or intentional acts or omissions of Lessee, its officers, agents employees,
invitees or other persons. Lessee must at all times exercise reasonable
precautions on behalf of, and be solely responsible for, the safety of its
officers, employees, agents, customers, visitors, invitees, licensees and other
persons, as well as their property, while in, on, or involved in any way with
the use of the Leased Premises. The Lessor is not liable or responsible for
the negligence or intentional ,acts or omissions of the Lessee, its officers,
agents, employees, agents, customers, visitors and other persons. The Lessor
shall assume no responsibility or liability for harm, injury, or any damaging
events which are directly or indirectly attributable to premise defects, whether
real or alleged, which may now exist or which may hereafter arise upon the
Leased Premises, responsibility for all such defects being expressly assumed
by the Lessee. The Lessee agrees that this indemnity provision applies to all
claims, suits, demands, and actions arising from all premise defects or
conditions.
THE I,ESSOR AND THE I,ESSEE EXPRESSLY INTEND THIS
INDFMNITYPROVISION TO REQIItRE T,ESSEF, TO INDF, MNIFY
AND PROTECT THE T,~,SSOR FROM THE CONIR~OII-F, NCE~q O1~' THE
CONCI~R~G CAIIRE OF THE ~.R~Y: DEATH: OR DAMAGK
NOT~TA~G THE TERMS OF THE PREC~D~G
RENTENCE~; THIS ~E~TY PROVISION DOER NOT APPLY TO
A~ CT,A~; TOSS; DAMAGE: CAUSE:OF ACTTON: SI~ A~
IJARU.TTY ~F. RE T~E ~.~Y: DEATH: OR DAMAGE
FROM THE ROI,F, ~.GI JGF. NCF. OF ~E LESSOR OR A~ OF
EMPI.OYEER: CONTRACTORS: OR AGENTS: I~ED ~T~ THE
FATff.T OF A~ O~FR PERSON OR ENTTTY
12. ~. Lessee agrees to properly store, collect and dispose of all
chemicals and chemical residues; to properly store, confine, collect and
dispose of all paint, including paint spray in the atmosphere, and paint
products; and to comply with all Local, State and Federal regulations
AIRPORT LEASE AGREI~MENT JAROG- Page 8
governing the storage, handling or disposal of such chemicals and paints.
Further, the Lessee shall be'solely responsible for all discharges, whether
accidental or intentional, of any chemical and for the costs associated with the
cleanup, remediation and disposal of said chemicals.
13.
I4a.?ardnn.q Activitie.q. Should Lessee violate any law, rule, restriction or
regulation of the City of Denton or the Federal Aviation Administration, or
any other regulatory authority, or should the Lessee engage in or pem-dt other
persons or agents to engage in activities which could produce hazards or
obstruction to air navigation, obstructions to visibility or interference with any
aircraft navigational aid station or device, whether airborne or on the ground,
then Lessor shall state such violation in writing and deliver written notice to
Lessee or Lessee's agent on the Leased Premises, or to the person(s) on the
Leased Premises who are causing said violation(s), and upon delivery of such
written notice, Lessor shall have the right to demand that the person(s)
responsible for the violation(s) cease and desist fi:om all such activity creating
the violation(s). In such event, Lessor shall have the right to demand that
corrective action, as required, be commenced immediately to restore the
Leased Premises into conformance with the particular law, rule or
aeronautical regulation being violated. Should Lessee, Lessee's agent, or the
person(s) responsible for the' violation(s) fail to cease and desist from said
violation(s) and to immediately commence correcting the violation(s), and to
complete said corrections within twenty-four (24) hours following written
notification, then Lessor shall have the right to enter onto the Leased Premises
and correct the violation(s) at the sole cost and expense of Lessee, and Lessor
shall not be responsible for any damages incurred to any improvements on the
Leased Premises as a result of the corrective action process. In addition, such
violation shall be considered a material default by Lessee authorizing Lessor,
at its sole option and discretion, to immediately terminate and cancel this
Lease Agreement.
C..qlGN,q. No signs, posters, or other similar devices ("Signage") shall be placed on
the exterior of the Lease Improvements or on any portion of the Leased Premises or Airport
property without the prior written approval, of Lessor. Lessee, at its sole expense, shall be
responsible for the creation, installation and maintenance of all such Signage. Lessee shall
pay to Lessor any and all damages, injuries, or repairs resulting fi.om the installation,
maintenance or repair of any such Signage. Any Signage placed on the Leased Premises
shall be maintained at all times in a safe, neat, sightly and good physical condition. All
signage shall be removed from the Leased Premises by Lessee immediately upon receipt of
instructions for removal of same from Lessor, including without limitation, upon expiration
or termination of this Lease Agreement. If Lessee fails to remove the Signage then Lessor
may do so at the sole cost and expense of Lessee. Lessee shall be permitted the right to
place two wall signs, no greater than thirty-two square feet each, identifying the commercial
hangar operation. Ail signage shall comply with all applicable ordinances including the
City of Denton sign ordinance."
AIRPORT LEASE AGREEMENT JAROO- E'age ~
D. ENTRY. Lessor and its designees shall, have the right to enter the Leased
Premises upon reasonable advance notice (written or oral) and at any reasonable times for
the purposes of inspecting the Leased Premises, performing any work which Lessor elects
to perform under this Lease Agreement, and exhibiting the Leased Premises for sale,
lease, or mortgage. Nothing in this section shall imply any duty upon Lessor to do any
work, which under any other provision of this Lease Agreement Lessee is required to
perform, and any performance by Lessor shall not constitute a waiver of Lessee's default.
VI. COVENANTR BY !,F.~%qoR
Lessor hereby agrees as follows:
A. pF, ACF, FIY[, F.N_IC}YMF~NT. Upon on payment of all rent, fees, and performance
of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee
shall peaceably hold and enjoy the Leased Premises and all rights and privileges herein
granted.
B. COMPLIANCg.. Lessor warrants and represents that in the establishment,
constmction and operation of the Airport, that Lessor has heretofore and at this time is
complying with all existing rotes, regulations, and criteria distributed by the Federal
Aviation Administration, or any other governmental authority relating to and including, but
not limited to, noise abatement, air rights and easements over adjoining and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee will not be legally hable for
any action of trespass or similar cause of action by virtue of any aerial operations of
adjoining property in the course of normal take-off and landing procedures from the
Airport; Lessor further warrants and represents that at all times during the Lease Term, or
any renewal or extension of same, that it will continue to comply with the foregoing.
VII. ~qPF. CIAT. CONDITIONS
It is expressly understood and agreed by and between Lessor and Lessee that this
Lease Agreement is subject to the following special terms and conditions.
RI YN--WAYR AND TAXTWAYS. Because of the present twenty thousand (20,000)
pound continuous use weight bearing capacity of the runway and taxiways of the Airport,
Lessee herein agrees to limit all aeronautical activity including landing, takeoff and taxiing,
to aircraft having an actual weight, including the weight of its fuel, of twenty thousand
(20,000) pounds or less, until such time that the mnway and designated taxiways on the
Airport have been improved to handle aircraft of such excessive weights. It is further
agreed that, based on qualified engineering studies, the weight restrictions and provisions of
this clause may be adjusted, up or down, and that Lessee agrees to abide by any such
changes or revisions as such studies may dictate. "Aeronautical activity" referred to in this
clause shall include any activity of the Lessee or its agents or subcontractors, and its
customers and invitees, but shall not include those activities over which it has no solieitory
part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of
AIRPORT LEASE AGREEMENT JAROG- Page 10
violating the provisions of this section on two or more occasions shall be sufficient to cause
the immediate termination of this entire Lease Agreement and subject Lessee to liability for
any damages to the Airport that might result.
Vlll. T,F, ASEHC}T.D IMPROVF, MF, NTS
A..RF*.QIIIRF*MFNTg: Before commencing the construction of any improvements
on the Leased Premises including Lessee's Improvements (the "Lease Improvements'),
Lessee shall submit:
Documentation, specifications, or design work, to be approved by the Lessor,
which shall establish that the improvements to be built or constructed upon the
Leased Premises are in conformance with the overall size, shape, color, quality
and design, in appearance and structure of the program established by Lessor
on the Airport.
2. All plans and specifications showing the location upon the Leased Premises of
the proposed construction and improvements;
3. The estimated cost of such construction.
No construction may commence until Lessor has approved the plans and
specifications and the location of the Lease Improvements, and the estimated costs of such
construction. Approval by the Lessor shall not be unreasonably withheld. Documentary
evidence of the actual cost of construction on public areas only (such as taxiways) shall be
delivered by Lessee to Lessor's City Manager fi:om time to time as such costs are paid by
Lessee, and Lessor's City Manager or designee is hereby authorized to endorse upon a copy
of this Lease Agreement filed with the City Secretary of Lessor such actual amounts as he
shall have found to have been paid by Lessee, and the findings of the City Manager when
endorsed by him upon said contract shall be conclusive upon all parties for ail purposes of
this Lease Agreement.
No later than 30 days after completion of the Lease Improvements, Lessee shall
submit to Lessor detailed as built plans of the Lease Improvements and documentary
evidence acceptable to Lessor evidencing the total cost to construct the Lease Improvements
("Cost to Construct Lease Improvements").,
B. ADDITIONAl. CONgTRIICTION OR IMPROMEMENTS: Lessee is hereby
authorized to construct upon the Leased Premises, at its own cost and expense, buildings,
hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in
connection with the operations authorized by this Lease Agreement, provided however,
Lessee shall comply with all of the requirements of Section VIII. A., above. Such additional
improvements shall be a part of the Lease Improvements.
AIRPORT LEASE AGREEMENT JAROG- Page 1t
C. OWNF, R.qI-iIPOF1MPROVE~MENTS'~ Except as otherwise provided in this
Lease Agreement, the Lease Improvements constructed upon the Leased Premises by
Lessee shall remain the property of Lessee .during the Lease Term subject to the following
conditions, terms and provisions:
1. Removal of Bnildingn. No building or permanent fixture may be removed
fi.om the Leased Premises.
As.qumption. The Lease Improvements shall automatically become the
property of Lessor absolutely flee, without any cost to Lessor, at the end of the
Lease Term, or any extensiott thereof.
Failure to Complete I ~.q~ee'.q Imr~rovementa. The Lease Improvements shall
immediately become the property of Lessor at no cost, expense, or
compensation to Lessee should Lessee fail to complete the Lessee's
Improvements w/thin the Construction Period as provided in Section II.C of
this Lease Agreement.
Cancellation or Termination. Should this Lease Agreement be cancelled or
terminated before the end of the Lease Term, or extension thereof, Lessor shall
have the fight to purchase alt. of the Lease Improvements. In the event of a
cancellation or termination, other then due to a default by Lessee that has not
been cured as provided below, the purchase price shall be equal to the most
recent value of the Lease Improvements as determined by the Denton County
Central Appraisal District ("Value of the Lease Improvements") reduced by
1/30 for each year of the Lease Term that has expired as of the date of
termination (the "Purchase Price"). Should the Denton County Central
Appraisal District not determine a separate value for the Lease Improvements
then the Purchase Price will be determined taking the Cost to Construct the
Lease Improvements reduced by 1/30 for each year the Lease Term has
expired as of the date of termination. If the termination or cancellation is due
to a default by Lessee that has not been cured within 30 days after written
notice of default to Lessee, then the Purchase Price as determined above shall
be reduced by 50%.
IX. SIIBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to Lessee for construction
of any hangar, structure, building or improvement and retains a security interest in said
hangar, structure, building or improvement shall, upon default of Lessee's obligations to
said mortgagee, have the right to enter upon the Leased Premises and operate or manage
said hangar, structure, building or improvement according to the terms of this Lease
Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the
loan is paid in full, whichever comes first, but in no event longer than the Lease Term. It
is expressly understood and agreed that the fight of the mortgagee referred to herein is
limited and restricted to those improvements constructed with funds borrowed from
AIRPORT LEASE AGREEMENT JAROG- Page 12
mortgagee, those improvements purchased with the borrowed
improvements pledged to secure the refinancing of the improvements.
funds, and those
X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost to Lessee, upon the
Leased Premises for the purpose of providing underground utility services to, from or
across the Airport property or for the construction of public facilities on the Airport.
However, any such easements shall not interfere with Lessee's use of the Leased Premises
and Lessor shall restore the property to the original condition as is reasonable practicable
upon the installation of any utility services on, in, over or under any such easement at the
conclusion of such construction. Construction in or at the easement shall be completed
within a reasonable time.
XI. ASSIGN-MD. NtT OF I.F.A.qF,
Lessee expressly covenants that it will not assign this Lease Agreement, convey more
than fifty percent (50%) of the interest in its business, through the sale of stock or otherwise,
transfer, hcense, nor sublet the whole or any part of the Leased Premises for any purpose,
except for rental of hangar space or tie-down space for storage of aircraft only, without the
written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval
of such sale, sublease, transfer, license, or assignment of the facilities for Airport related
purposes; provided however, that no such assignment, sublease, transfer, hcense, sale or
otherwise shall be approved if the rental, fees or payments, received or charged are in excess
of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion
of the Leased Premises proposed to be assigned, subleased, transferred, licensed, or
otherwise. The provisions of this Lease Agreement shall remain binding upon the
assignees, if any, of Lessee.
XII. 1N~ql IR ANCF.
A. RF, QI IIRF. D llq.ql IR ANCE: Regardless of the activities contemplated under this
Lease Agreement, Lessee shall maintain continuously in effect at all times during the term
of this agreement, at Lessee's sole expense, the following minimum insurance coverages:
Commercial (Public) General Liability covering the Lessee or its company, its
employees, agents, tenants and independent contractors, and its operations on the
airport. Coverage shall be in an amount not less than $1,000,000 per occurrence
and provide coverage for premises/operations and contractual liability AND where
hability exists, coverage for: products/completed operations; explosion, collapse
and underground property damage.
2. Alt risk property insurance on a replacement cost basis covering loss or damage to
all facilities used by the Lessee, either as a part of this agreement or erected by the
Lessee subsequent to this agreement. Under no circumstances shall the Lessor be
AIRPORT LEASE AGREEMENT JAROG- Page 13
liable for any damages to fixtures, merchandise or other personal property of the
Lessee or its tenants..
3. Business Automobile Liability to include coverage for Owned/Leased Autos, Non-
Owned Autos and Hired Cars:
For operation in aircraft movement areas the limit of hability shall be $100,000
per occurrence.
For other operations the limit of liabihty shall be consistent with the mount set
by State Law.
B. ADDITIONAl, COVER AGI~,q: In addition to the above referenced coverages, the
following insurance is required if the activity or exposure exists or is contemplated:
Aircraft Fuel/Oil Storage and Dispensing - Comprehensive Commercial (Public)
General Liability shall include coverage or separate coverage shall be provided for
Environmental Impairment Liability.
AircraR Sales or Aircraft Charter and Air Taxi - Aircraft Liability in the mount of
$1,000,000 per occurrence to include Hull Coverage and Liability. In addition,
Passenger Liability in an amount of $100,000 per person (per passenger seat) shall
be provided.
Aircraft Rental or Flight Training - Aircraft Liability in the amount of $1,000,000
per occurrence to include Hull Coverage and Liability, Passenger Liability in the
amount of $100,000 per person (per passenger seat) and Student/Renter Liability
covering all users in the amount of $500,000 per occurrence.
Specialized Commercial Flying (!ncluding crop dusting, seeding, and spraying,
banner towing and aerial advertising, aerial photography and surveying, fire
fighting, power line or pipe line patrol) - Aircraft Liability in the amount of
$1,000,000 per occurrence to include Hull Coverage and Liability. In addition,
Passenger Liability in an amount of $100,000 per person (per passenger seat)
shall be provided.
Aircraft Storage, Maintenance and/or Repair - Aircraft Liability in the amount
of $1,000,000 per occurrence to include Hull Coverage and Liability. In addition,
Hanger Keepers Liability in the amount of $500,000 per occurrence shall be
provided. The requirement for Hangar Keepers Liability shall not apply to
individual owner/operators whose primary use of the hangar space is the storage
of their own aircraft. The requirement does not apply to such individuals
notwithstanding the fact that they may, from time to time, permit the storage of
non-owned aircraft in the hangar space and charge a fee for the storage of such
aircraft so long as such use is in the nature of a rent-sharing agreement rather than
a commercial aircraft storage business.
AIRPORT LEASE AGREEMENT JAROG- Page 14
C. COVERAGE REQI]REMENTS: All insurance coverages shall comply with the
following requirements:
Ail liability policies shall name the City of Denton, and its officers and employees
as an additional named insured and provide for a minimum of 30 days written
notice to the City of any cancellation or material change to the policy.
Ali insurance required by this Lease Agreement must be issued by a company or
companies of sound and adequate financial responsibility and authorized to do
business in the State of Texas. All policies are subject to the examination and
approval of the City's office of Risk Management for their adequacy as to content,
form of protection and providing company.
Required insurance naming the City as an additional insured must be primary
insurance and not contributing with any other insurance available to the City
whether from a third party liability policy or other. Said limits of insurance shall in
no way limit the liability of the Lessee hereunder.
The Lessor shall be provided with a copy of all such policies and renewal
certificates. Failure of Lessee to comply with the minimum specified mounts or
types of insurance as required by Lessor shall constitute Lessee's default of this
Lease Agreement.
During the Lease Term, or any extension thereof, Lessor herein reserves the right
to, with 60 days notice, adjust or increase the liability insurance amounts required
of the Lessee, and to require any additional rider, provisions, or certificates of
insurance, and Lessee hereby agrees to provide any such insurance requirements as
may be required by Lessor; provided however, that any requirements shall be
commensurate with insurance requirements at other public use airports similar to
the Denton Municipal Airport in size and in scope of aviation activities, located in
the southwestem region of the United States.
XIII. CANCEIJ.ATTON BY I.ESSOR
In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in
bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt
pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets
pursuant to proceedings brought under the provisions of any Federal reorganization act, or
Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to
perform, keep and observe any of the terms, covenants, or conditions herein contained, or
on its part to be performed, the Lessor may give Lessee written notice to correct such
condition or cure such default and, if any condition or default shall continue for thirty (30)
days after the receipt of such notice by Lessee, then Lessor may terminate this Lease
AIRPORT LEASE AGREEMENT JAROG- Page 15
Agreement by written notice to Lessee. In the event of default, Lessor has the right to
purchase any or all of the Lease Improvements under the provisions of Section VIII. C.4.
hereof.
XIV. CANCEI,I,ATION FlY
Lessee may cancel this Lease Agreement, in whole or part, and terminate all or any of
its obligations hereunder at any time, by thirty (30) days written notice, upon or after the
happening of any one of the following events: (1) issuance by any court of competent juris-
diction of a permanent injunction in any way preventing or restraining the use of the Airport
or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or
agreements contained herein and the failure of Lessor to remedy such breach for a period of
ninety (90) days after receipt of a written notice of the existence of such breach; (3) the
inability of Lessee to use the Lease Premises and facilities continuing for a longer period
than ninety (90) days due to any law or any order, role or regulation of any appropriate
governmental authority having jurisdiction over the operations of Lessor or due to war,
earthquake or other casualty; or (4) the assumption or recapture by the United States
Government, or any authorized agency thereof, of the maintenance and operation of said
airport and facilities or any substantial part or parts thereof.
Upon the happening of any of the four events listed in the preceding paragraph, such
that the Leased Premises cannot be used for aviation purposes, then the Lessee may cancel
this Lease Agreement as aforesaid, or may elect to continue this Lease Agreement under its
terms, except, however, that the use of the Leased Premises shall not be .limited to aviation
purposes, their use being only limited by such laws and ordinances as may be applicable at
that time.
XV. MI.qC~T J ,ANIFDT T~ PROVT~qTONR
A. ENTIRE AGRF~EMENT. This Lease Agreement constitutes the entire
understanding between the parties and as of its Effective Date supersedes all prior or
independent Agreements between the parties coveting the subject matter hereofi Any
change or modification hereof shall be in writing signed by both parties.
B. BINDING F. FFF. CT. All covenants, stipulations and agreements herein shall
extend to, bind and inure to the benefit of the legal representatives, successors and assigns
of the respective parties hereto.
C. SI~,VF, R Algll JTY. If a provision hereof shall be finally declared void or illegal by
any court or administrative agency having jurisdiction, the entire Lease Agreement shall not
be void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
D. NTOTICF.. Any notice given by one party to the other in connection with this
Lease Agreement shall be in writing and shall be sent by certified mail, return receipt
requested, with postage fees prepaid or via facsimile as follows:
AIRPORT LEASE AGREEMENT JAROG- Page 16
1. If to Lessor, addressexl to:
City Manager
City of Denton
215 E. McKiimey Street
Denton, Texas 76201
Fax No.940.349.8596
2. If to Lessee, addressed to:
Terence Jarog
PO Box 3063
Denton, TX 76202
(940) 321-2468
dvideographer~netzero.net
E. HEAD/BIFf. The headings used in this Lease Agreement are intended for
convenience of reference only and do not define or limit the scope or meaning of any
provision of this Agreement.
F. C,(3VF, RNING I,AW AND VF, NI.IF,. This Lease Agreement is to be construed in
accordance with the laws of the State of Texas and is fully performable in Denton County,
Texas. Exclusive venue for any lawsuit to enforce the terms or conditions of this Lease
Agreement shall be a court of competent jurisdiction in Denton County, Texas.
G. NO WAIVF~R_ No waiver by Lessor or Lessee of any default or breach of
covenant or term of this Lease Agreement may be treated as a waiver of any subsequent
default or breach of the same or any other covenant or term of this Lease Agreement.
H. NO AGENCY, During all times that this Lease Agreement is in effect, the parties
agree that Lessee is and shall not be deemed an agent or employee of the Lessor.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the
Effective Date first above written.
CITY OF DENTON, TEXAS, LESSOR
BY:
MICHAEL A. CONDUFF, CITY MANAGER
AIR.PORT LEASE AGREEMENT JAROG- Page 17
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PRO RNEY
BY:
Terence Jarog
AIRPORT LEASE AGREEMENT JAROG- Page 18
ACKNOWLEDGMENTS
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the
Michael A. Conduff, City Manager
municipality.
dayof
of the City of Denton, Texas,
,2004, by
on behalf of said
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the
Terence Jarog.
day of
., 2004 by
NOTARY PUBLIC, STATE OF TEXAS
AIRPORT LEASE AGREEMENT JAROG- Page 19
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2004
DEPARTMENT:
CM/DCM/ACM:
Airport and Transportation Operations
Jon Fortune, Assistant City Manager
SUBJECT
Consider the adoption of an ordinance approving a commercial operator airport lease agreement
between the City of Denton and Jet Works Aviation Inc. at the Denton Municipal Airport; and
providing an effective date.
BACKGROUND
Jet Works Aviation, Inc. recently created a management firm with Business Air Management
called Jet Works Air Center. This merger is designed to better serve joint clientele. Jet Works
Aviation currently provides major airframe and engine maintenance service for corporate aircraft
as well as avionics repair and installation. Business Air Management currently provides interior
refurbishment and completion, and will begin providing aircraft painting services in December
2004. The creation of Jet Works Air Center will improve management efficiencies in processing
major and minor aircraft maintenance and upgrades. To better facilitate this merger, Jet Works
Aviation is considering the relocation of their current operation to Denton Airport from
Meacham Airport in Fort Worth. This relocation will result in 35 employees on the airfield and
it is anticipated that total employment would reach 40 within twelve months.
Jet Works Aviation wishes to lease a parcel of land totaling approximately 1.3636 acres, at the
Denton Airport. The terms of the lease will obligate Jet Works Aviation to construct a
hangar/office complex with a minimum of 26,000 square feet. The hangar complex shall be a
minimum of 18,000 square feet and a minimum office/shop area of 8,000 square feet. All
improvements must be completed within 720 days. This facility will be constructed for the
purpose of commercial aviation related operations.
Because the lease as proposed contains economic incentives, the proposed lease is not attached to
the approval ordinance but has been provided to each Council member in the City Attorney's Legal
Status Report of October 29.
OPTIONS
I. Approve the lease as proposed.
II. Provide staff direction with additional lease options.
RECOMMENDATION
Although the Airport Advisory Board supports this project, they did not support the section of
the lease providing a discount for apron construction. Staff recommends approval of the lease as
presented due to the need to provide economic incentives.
ESTIMATED SCHEDULE OF PROJECT
The lease would become effective December 1, 2004 and continue through the 30~h day of
November 2034 (30 years). The lease also provides for two successive option terms often years
each.
PRIOR ACTION/REVIEW
The City Attorney's Office has reviewed the proposed lease.
FISCAL INFORMATION
The lease rate and financial impact will be discussed in executive session.
EXHIBITS
Ordinance
Respectfully submitted:
Mark Nelson
Director of Airport and Transportation Operations
S:\Our Docarnents\Ordinances\04~irport Lease-JetWorks,doc
ORDINANCE NO.
AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JET WORKS
AVIATION, INC. AT THE DENTON ML~ICIPAL AIRPORT; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an airport
lease agreement for commercial operator between the City of Denton and Jet Works Aviation,
Inc. at the Denton Municipal Airport, in substantially the form of the Airport Lease Agreement
which is attached to and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
November 2, 2004
Tax
Kathy DuBose
SUBJECT
Consider approval of a tax refund for the following property tax:
Tax
Name Reason Year Amount
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $572.67.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2005
DEPARTMENT:
CM/DCM/ACM:
Engineering
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an Ordinance declaring a public necessity exists and finding that public
welfare and convenience requires the taking and acquiring of an approximate 1.0578 acre tract to
be in the name of the City of DeNon and said property being located in the G. Walker Survey
Abstract Number 1330 in the City of Denton, Denton County Texas; authorizing the City
Manager or his designee to make an offer to purchase the property for its just compensation and
if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary
proceedings in condemnation in order to acquire the property necessary for the public purpose of
municipal landfill facilities and improvemems, and other municipal purposes and declaring an
effective date.
BACKGROUND
Over the course of the last 15 years, City staff has purchased numerous tracts adjacent to the
"Old Landfill" site to provide a footprim for the "New Landfill", and ancillary Solid Waste
operations. In all of the prior land transactions mentioned, we were able to come to equitable
sale terms with each property owner without invoking eminem domain.
Staff has been working diligemly with the owners, Mrs. Chavez, and her children, over the past
two years to negotiate the purchase of a 3.6469-acre and a 1.0578-acre tract of land for the
purpose of providing additional property for the DeNon Municipal Landfill operations. These
properties are located at 1461 and 1481 S. Mayhill Road adjacent to the west side of the Denton
Municipal Landfill. Mrs. Chavez passed away last year, and staff has cominued working with
her heirs to complete these two transactions. The City came to acceptable terms and finalized
the acquisition of the 3.6469-acre tract in July of this year.
We are working with Mrs. Chavez's heirs to complete the acquisition of the final 1.0578-acre
tract. This tract is encumbered with numerous probate disputes between Mrs. Chavez's heirs
and her husband, Julian Chavez. This tract represents the last outstanding parcel envisioned for
the "New Landfill" and ancillary Solid Waste Operations.
OPTIONS
1. Approve the Ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the Ordinance
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
Appraisal indicates a value range of $65,000.® to $75,000.® with a point estimate at $72,000.®.
ATTACHMENTS
Location Map
Ordinance
Survey Illustration
Prepared by:
Pamela England
Real Estate Specialist
Respectfully submitted:
Kelly Carpenter, Director
Planning Department
GAYLA L
__~ CANARY
~~~[ Location Map Chavez property
S:\Our Documents\Ordinances\04\Chavez Ordinance of Necessity. DOC
ORDINANCE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1.0578 ACRE TRACT OR PARCEL OF LAND WITH FEE SIMPLE
TITLE VESTING IN THE CITY OF DENTON, TEXAS AND SAID REAL PROPERTY
BEING LOCATED 1N THE G. WALK_ER SURVEY ABSTRACT NUMBER 1330 IN THE
CITY OF DENTON, DENTON COUNTY TEXAS AND BEING A PORTION OF A PARCEL
OF LAND CONVEYED TO ROSA LEE CHAVEZ BY DEED RECORDED IN VOLUME 676,
PAGE 369 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS NOT ACCEPTED,
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE TIlE
PROPERTY NECESSARY FOR THE PUBLIC PLrRPOSE OF MUNICIPAL LANDFILL
FACILITIES AND IMPROVEMENTS, A_ND OTHER MUNICIPAL PURPOSES AN-D
DECLARING AN EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of fee simple title for the public purposes
described herein, with such fee simple title vesting in the City of Denton; and
WHEREAS, the hereinafter described property is beheved to be owned by Julian Chavez
as a homestead interest, and Ronald Brown, Terry Brown, Wanda nell Harris aka Wanda
Donoto, Kenneth Howell, Katrina Wilson, Kendra Howell and Keith Good, as to a remainder
interest ("Owners"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Public necessity exists and public welfare and convenience require the
acquisition of fee simple ritle, with such fee simple title vesting in the City of Denton in that
certain tract or parcel of land containing approximately 1.0578 acres, together with
improvements thereon and appurtenances thereto as more particularly described in Exhibit "A"
and illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the
"Property"). The Property is being acquired for expansion of the Denton Municipal Landfill
facilities and operations and other mtmicipal purposes.
SECTION 3. The City Council finds that $72,000.® (the "Compensation") is just
compensation for the Property including damages to the remainder, if any, said sum is based on
an independent appraisal obtained by the City. The City Manager or his designee is hereby
authorized and directed to make an offer for the Property to the owner of the Property in' the
amount of the Compensation.
SECTION 4. In the event the offer as described in Section 2 is refused or not accepted
by the owner of the Property, the City Attorney or his designee is hereby authorized and directed
to file the necessary condemnation proceedings or suit and take whatever action that may be
necessary against the Owner and any other parties having an interest in the Property to acquire
fee simple title in the Property for the purposes described in Section 1 above, with such fee
simple title vesting in the City of Denton.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in said property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as Defendants in said condemnation.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNWER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
Page 2
Exhibit A
DESCRIPTION OF PROPERTY:
SITUATED in the City of Denton, Denton. CountY, Texas
being a tract of land out of the Gideon WatkerSurVey,.
Abstract No. 1330, said tract being a portion of that parcel of
land conveyed to ROsa Lee Chavez by deed as recorded in
Volume 676, Page .369 of the Deed Records of Denton
County, Texas (D.R.D.C.T.), said tract being herein more
particularly described by metes and bounds as follows:
BEGINNING .at a Y~" capped iron rod at the southWest
property: corner of the said'Chavez tract being herein
described, said point being the northwest property comer of
a tract of land conveyed to the City of Denton by'deed as
recorded in. Denton County Clerk's File No, 96-0034339
(D.C.C.F. No.), said point also:being on 'the existing eaStedy
right-of-way of South Mayhill Road;
THENCE, North 4 degrees 06 minutes 39 seconds East,.
along the west property line of the said' Chavez 'tract and
along the said' right-of-way line of' South MaYhiil Road,
150.12 feet to the northwest corner of the herein described
tract;
THENCE, South 88 degrees 14 minutes 03 seconds East
304.97 feet to the northeast property corner of the herein
described tract, said point being on the west property line of
a tract of land conveyed to the City of Denton by deed as-
recorded in D;C.C:F.No. 96-0021132;
THENCE, South 2 degrees 24 minutes 40 seconds West,
along a easterly property line of the said Chavez.tract and
along a westerly property line of the said City of Denton tract
(96-0021132), 233.11 feet to a %" capped iron.rod found at a
southeast property corner of the said Chavez tract, said~
pOint being the northeast property comer of the said City of-
Denton tract (96-0034339);
THENCE, North 88 degrees 14 minutes 03 'seCOnds West,
along, the southerly property line of the said.Chavez tract and
along the north property line of the said City of Denton tract
(96-0034339), 30'9.42 feet to the:POINT OF BEGINNING;
The tract of land being herein described contains t.0578 '
acres (46,078 Sq. Ft.) of land.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL
DESCRIPTION WAS PREPARED FROM PUBLIC
RECORDS AND FROM AN ACTUAL AND ACCURATE
SURVEY UPON THE GROUND AND THAT' SAME IS TRUE
AND CORRECT.
Company Name: Spooner and Associates, Inc.
Registered Professional Land Surveyor,
Texas No. 4183
Date: 12-15-03
Exhibit B
......
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
November 2, 2004
Engineering
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Wire Crossing Agreement with The Kansas City Southern Railway Company for an aerial wire
crossing located at Mile Post 104.79, City of Denton, Denton County, Texas; authorizing the
expenditure of funds, therefore; and providing an effective date.
BACKGROUND
A wire crossing agreement is needed to install and construct a new 69kV electric power line
across the Kansas City Southern Railway Company's right-of-way. This proposed section of
electric power line is part of the Denton West Electric Transmission project, which will increase
electric service capacity within the City.
OPTIONS
1. Approve the Ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff endorses the approval of the draft ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
The cost to the City is a $5,250.® one-time license fee
ATTACHMENTS
Location Map
Ordinance
> License Agreement
Prepared by:
Mark A. Laird
Real Estate & Capital Support Division
Respectfully submitted:
Kelly Carpenter, Director
Planning Department
Z III
I
Z
Z
0
LOOP 288
UNIVERSITY
W. OAK
wY 380)
O
cO
S
(NO SCALE)
LOCATION MAP
DISK VOL PAGE:
,,oJ[CT ~: 60013000
W. Ook~ .Denton. TX 76209 sc~: (as indicated)
APPRO~D: DATE: 7/8/04 ~LE: 2460 SHEB: 1 of 1
S:\Our Documents~Ordinances\04LKCS Electric Aerial Crossing Near W. Oak Ordinance. doe
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A WIRE CROSSING AGREEMENT WITH THE KANSAS CITY
SOUTHERN RAILWAY COMPANY FOR AN AERIAL WIRE CROSSING
LOCATED AT MILE POST 104.79, CITY OF DENTON, DENTON COUNTY,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS, THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a
wire crossing agreement with the Kansas City Southern Railway Company for an aerial
electric wireline at milepost 104.79, City of Denton, Denton County, Texas, which is
attached hereto and incorporated by reference herein (the "Agreement").
SECTION 2. The expenditure of fimds as provided in the Agreement is hereby
authorized.
SECTION 3. 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. y
WIRE CROSSING CONTRACT
THIS AGREEMENT, made and entered into this __ day of , , by and
between TIlE KANSAS CITY SOUTIC~.RN RAILWAY COMPANY, a Missouri corporation,
hereinafter referred to as "Railway Company", and CITY OF DENTON, TEXAS to be addressed at 601
E. Hickory, Suite B, Denton, Texas 76205, hereinafter referred to as "Licensee".
WITNESSETH:
WHEREAS, Licensee desires to construct, maintain, operate, use and remove wires, hereinafter
described, across the fight-of-way and tracks of Railway Company and across the telephone, telegraph,
signal and other wires of Railway Company and The Western Union Telegraph Company, the latter wires
being hereinafter referred to as "Company wires";
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. PERMIT FOR CROSSING: For the sole convenience and accommodation of Licensee, at its
sole risk and expense, and in consideration of the covenants of Licensee hereinafter set forth, Railway
Company, without any warranty or guarantee of suitability of the premises for Lice~,see's or any other
purpose, hereby permits Licensee to construct, maintain, operate, use and remove a crossing (herein referred
to as wire crossing), the course of the wire crossing being described as follows:
Overhead 69KV power line crossing Railway Company right-of-way and tracks at Mile
Post 104.79, in Denton, Texas, as indicated on Denton Municipal Electric's print of
drawing dated 7/8/04, Project # 60013000, marked Exhibit "A", attached hereto and
incorporated herein by reference.
The rights granted under th/s Agreement are subject to all outstanding superior fights whether or
not of record (including those in favor &licensees and lessees of Railway Company's property, and others)
and the right of Railway Company to renew and extend the same, and is made without covenant of title, or
for quiet enjoyment. Railway Company does not warrant title and Licensee accepts the rights granted
herein and shall make no claim against Railway Company for deficiency of title. Licensee acknowledges
that Railway Company's interest in the right-of-way varies from segment to segment and may include lesser
interests than fee title. Licensee shall, at Licensee's sole cost and expense, obtain any and all necessary
rights and consents from parties other than Railway Company which may have or claim any right, title or
interest in the property upon which Railway Company's right-of-way is located.
2. SPECIFICATIONS: The wires shall be placed, and at all times maintained, so as to give a
minimum clearance of thirty-six (36) feet above the rails in the tracks of Railway Company, allowing for
sag, and so as to clear Company wires at least two (2) feet. Licensee shall, at its own expense, erect and
maintain its poles and wires in accordance with the latest revised rules, orders, recommendations or
specifications adopted by the National Electrical Safety Code of the Bureau of Standards for overhead
railway crossings by light and power transrrdssion lines. Licensee expressly agrees that the wire line shall
be constructed to cross Railway Company's tracks and fight-of-way at an angle of not less than 90 degrees,
and the said wire line shall be placed so that at all times a minimum distance of ten (10) feet is maintained
from the nearest point of any signal gate ann throughout the full range of motion of the arm.
3. MATERIAL AND WORKMANS}IIP: Material and workmanship shall be satisfactory to
Railway Company's authorized representative, both as to renewal and repair. If during installation,
maintenance, or removal of the wire line, Licensee's equipment or personnel will be closer than twenty-five
(25) feet from the center line of the nearest hack, then Railway Company will provide one of its employees
as a qualified flagman. Licensee is responsible for all flagging expenses, and it will reimburse Railway
Company for all of Railway Company's costs and expenses associated with providing the flagman.
Licensee and its agents, employees and contractors will clear the tracks when directed to do so by the
flagman. The presence of the flagman wilt not relieve Licensee of its duty to keep all of its agents,
employees and contractors clear of the tracks when trains are in dangerous proximity to the licensed area,
nor will the negligence of the flagman release Licensee from its duties of defense, indemnification and
saving harmless under Section 9 of this Agreement. All expense in connection with the crossing, including
its construction, renewal and repair, shall be borne by Licensee.
Should Railway Company consider it necessary or desirable to supervise the installation or removal
of the wire line, then Railway Company may do so at Licensee's expense. Licensee will reimburse Railway
Company for ail of Railway Company's reasonable costs and expenses within thirty (30) days of receipt of a
bill from Railway Company specifying in reasonable detail Railway Company's costs and expenses.
4. POLES: Licensee shall not erect or cause to be erected any poles, anchors or guy wires upon
the right-of-way of Railway Company except as indicated upon the attached Exhibit A, and which poles,
anchors and guy wires shall not be placed nearer than twelve (12) feet from the nearest rail of any main
track or nearer than nine (9) feet from the nearest rail of any side track.
5. ADOPT MODERN METHODS: Licensee shall, at all times, at its own expense, adopt and
maintain the most effective system and use the best known and most effective methods approved by
Railway Company to protect the property of Railway Company, including Company wires, from
interference and physical hazard.
6. MAINTENANCE: Licensee shall maintain the wire crossing to conform to the requirements of
Section 2 hereof, and shall make frequent inspections of the crossing for that purpose. If it shall come to the
attention of Railway Company that the same is not being so maintained, Licensee will, on written request of
Railway Company, at any time, promptly make such renewals or repairs in wire crossing as shall be
designated by Railway Company, and if Licensee fails within ten (10) days to comply with such request,
Railway Company may make such renewals and repairs, the cost of which Licensee agrees to pay, or
Railway Company may, at its option, wholly remove the crossing wires, and the supporting structures,
conduits and appurtenances from the fight-of-way.
7. ADDITIONAL WIRES OF LICENSEE In the event Licensee desires to install additional
wires at the crossing m the locations hereinbefore described on the same poles, or towers, or in the same
conduits, hereinbefore provided for, Licensee shall first obtain Railway Company's written consent for the
construction or installation of such additional wires.
8. CHANGES HEREAFTER MADE BY RAH ,WAY COMPANY: If at any time during the
term of this Agreement, it shall become necessary or desirable for Railway Company to build additional
track or tracks, depots, yards, or any other structure that may be necessary or desirable in connection with
the operation and maintenance of Railway Company, or to change the grade or location of its track or tracks,
or if changes in or additions to Company wires or poles used in connection therewith shall become
necessary, or if it shall become necessary to do any work to comply with the requirements of Railway
Company, or with the demands which may hereafter by law be prescribed with reference to the crossing,
2
Licensee shall, at its own cost and expense, within thirty (30) days after receipt of written notice from
Railway Company so to do, relocate, rearrange, reconstruct or revise the wire crossing in such manner as to
conform to the requirements of Railway Company.
9. CONSIDERATION, iNDEMNITY: IN CONSIDERATION OF THE LICENSE AND
PERMISSION ItEREIN GRANTED, TO TIt-E EXTENT PERMITTED BY LAW, LICENSEE
ASSUMES AND AGREES TO DEFEND, INDEMNIFY, AND SAVE HARM]LESS RAILWAY
COMPANY, ITS OFFICERS, EMPLOYEES, SERVANTS, AGENTS AND OTH~,R COMPANIES
OPERATING TRAINS OVER ITS TRACKS FROM ANY CLAIMS OR DEMANDS (WHE~TII-F~R
ARISING IN OR BASED UPON TORT, CONTRACT, STRICT LIABILITY, OR OTI~RWISE)
(INCLUDING LEGAL FEES AND COURT COSTS) MADE BY ANY AND ALL PERSONS FOR
ACCIDENTS, INJURIES OR LOSSES ARISING FROM OR GROWING OUT OF TIlE
CONSTRUCTION, MAINTENANCE, OPERATION, USE OR REMOVAL OF LICENSEE'S
POLES, TOWERS, WIRES AND APPURTENANCES ON RAII,WAY COMPANY'S RIGHT-OF-
WAY, OR FROM THE ESCAPE OF CURRENT THEREFROM, OR FROM ~ BREACH OF
ANY OF ~ TERMS OR CONDITIONS OF TIIIS AGREEMENT BY LICENSEE, AND FROM
ANY PAYMENTS WltICH RAILWAY COMPANY AND OTllER COMPANIES, OR ANY OF
THEM, MAY MAKE TO ITS OR Ti~.IR EMPLOYEES AND THEIR BENEFICIARIES, OR ANY
OF THEM UNDER THE PROVISIONS OF ANY COMPENSATION LAW OR OTHER SIMILAR
LAW OR UNDER ~ PROVISIONS OF ANY PLAN FOR EMPLOYEES' BENEFITS
ADOPTED BY RAILWAY COMPANY AND OTHI~.R COMPANIES, OR ANY OF THEM, IN
SETTLEMENT FOR ACCIDENTS OR INJURIES ARISING FROM OR GROWING OUT OF
THE NEGLIGENT FAll JURE OF LICENSEE TO CONSTRUCT, MAINTAIn, OPERATE, USE
AND REMOVE THE WIRE CROSSING AS HEREIN PROVIDED. LICENSEE SHALL DEFEND,
INDEMNIFY, AND SAVE HARMLESS THE AFOREMENTIONED COMPANIES AS PROVIDED
IN THIS SECTION UNLESS SUCH LOSS ARISES OUT OF THE NEGLIGENCE OF THOSE
COMPANIES.
LICENSEE RECOGNIZES THE DANGER INCIDENT TO THE OPERATION OF
TRAINS OVER TI-rE TRACKS OF RAILWAY COMPANY IN THE VICINITY OF THE WIRE
CROSSING, AND AGREES TO ADOPT AND ENFORCE UPON ITS EMPLOYEES ENGAGED
IN CONSTRUCTING, MAINTAINING, OPERATING, USING OR REMOVING THE WIRE
CROSSING PROPER RULES AND REGULATIONS FOR THEIR SAFETY WI411,E ON OR
NEAR SUCH TRACKS, AND LICENSEE ASSUMES ALL LIABILITY FOR INJURIES TO ALL
PERSONS,ENGAGED IN SUCH WORK AND AGREES TO DEFEND, INDEMNIFY, AND SAVE
HARMLESS RAH,WAY COMPANY, ITS OFFICERS, EMPLOYEES, SERVANTS, AGENTS
AND OTHER COMPANIES OPERATING TRAINS OVER ITS TRACKS FROM ANY
LIABILITY FOR SUCH INJURIES EXCEPT WHEN THE SAME IS CAUSED BY THE
NEGLIGENCE OF RAH.WAY COMPANY OR SUCH OTI~R COMPANIES, ITS OR THE~IR
EMPLOYEES.
LICENSEE AGREES TO REIMBURSE AND PAY RAILWAY COMPANY, OR SUCH
OTmr. R COMPANIES, ANY JUDGMENTS, COSTS, AND EXPENSES OR AMOUNTS PAID OUT
IN SETTLEMENT, WHICH THEY OR ANY OF THEM MAY BE PUT TO OR MAY BE
COMPELLED TO PAY ON ACCOUNT OF ANY CLAIMS ARISING UNDER LICENSEE'S
DUTIES OF DEFENSE, INDEMNIFICATION, AND SAVING HARMLESS. THIS AGREEMENT
IS MADE IN PART FOR THE BENEFIT OF OTHER COMPANIES OPERATING OVER
RAILWAY COMPANY'S TRACKS AND ANY OF THE COMPANIES MAY SUE TO ENFORCE
THE PROVISIONS HEREOF, EITHER JOINTLY OR SEVERALLY, AS THEIR INTERESTS
3
MAY BE JOINT OR SEVERAL. NONE OF THE COMPANIES SHAJ~ BE LIABLE FOR ANY
DAMAGE (EXCEPT THAT WILLFULLY DONE) TO THE WIRE CROSSING, HOWEVER
CAUSED.
R shall be the exclusive duty and responsibility of Licensee to inspect the property subject to this
Agreement to make sure that it is safe for the entry of its employees, agents and contractors. Licensee shall
advise all of its employees, agents and contractors entering the property of any safety hazards on the
property, including, without limitation, the presence of moving vehicles, buried cables, tripping hazards and
overhead wires. Licensee shall instruct all of its employees, agents and contractors entering the property
that all persons, equipment and supplies must maintain a distance of at least twenty-five (25) feet fi.om the
centerline of the Wack unless authorized by the on-site raikoad flagman to be closer than twenty-five (25)
feet. Licensee shall ensure that no personnel, equipment or supplies under its control are within the
clearance point of the track when moving railroad equipment may be seen from or heard at the property
subject to this Agreement.
10. OTItERS NOT TO USE: Licensee shall have no right to permit others to install wires in the
crossing, but if done, then the obligations, duties and liabilities herein imposed upon Licensee shall be the
same as to such wires, as though they were the wires of Licensee, and Railway Company shall retain all
remedies against Licensee for breach of this Agreement.
11. FEES: Licensee agrees to pay to Railway Company for the use of Railway Company's right-
of-way and the privilege hereby granted, such use and privilege being expressly limited to the facilities
described in Section 1 above, the one-time fee of FIVE THOUSAND TWO HUNDRED FIFTY AND
NO/100 DOLLARS ($5,250.00) upon execution of this Agreement. Licensee shall pay Railway Company
an additional license fee, set in accordance with Railway Company's then current fee schedule, for any
additional wires or facilities permitted by Railway Company and associated with the wire crossing.
12. TAXES: Licensee shall promptly pay all taxes, assessments and other governmental or
municipal charges upon its property located upon the right-of-way of Railway Company and comply with
all governmental or municipal roles and regulations covering the operation of electrical transmission lines of
the character constructed, erected or operated hereunder.
13. TERM: This Agreement shall continue so long as the wire crossing does not interfere with the
property or the development, enlargement or improvement of the property of Railway Company, or in the
opinion of the Chief Engineer of Railway Company, the wire crossing does not constitute a hazard to
Railway Company's property or employees. If and when Railway Company shall require the removal of the
wire crossing and another mutually satisfactory location can be found upon Railway Company's right-of-
way, then the wire crossing shall be moved by Licensee promptly and at its own expense to such new
location. However, if another location mutually satisfactory cannot be found for the wire crossing, then the
same shall, within thirty (30) days after notice thereof to Licensee, be removed from Railway Company's
right-of-way by Licensee at its own expense. If at any time Licensee shall fail to maintain its wire crossing
as herein required, or such wire crossing shall, in the opinion of Railway Company's Chief Engineer,
become a hazard to its property or to its employees, then the wire crossing shall be relocated, as
hereinbefore provided, or shall be removed from Railway Company's premises within thirty (30) days after
notice from Railway Company to remove the wire crossing.
Neither the service of the notice herein provided for, nor the termination of this Agreement shall
operate in any manner whatsoever to relieve or release Licensee from any obligations or liability to Railway
Company theretofore accruing under the terms hereof.
4
Upon the termination of this Agreement in any manner, Licensee shall immediately remove its
property from the fight-of-way, and in the event of its failure so to do, Railway Company may remove the
same at the cost of Licensee.
Rights herein granted are personal to Licensee and may not be assigned without Railway
Company's written consent. However, the provisions of th/s Agreement shall be binding upon the
successors and assigns of both of the parties.
14. INTERFERENCE: If the operation or maintenance of the wire line shall at any time cause
interference, including, but not limited to, physical interference from electromagnetic induction,
electrostatic induction, or from stray or other currents with the facilities of Railway Company or of any
lessee or licensee of Railway Company, or in any manner interferes with the operation, maintenance or use
by Railway Company of its fight-of-way, tracks, structures, pole lines, signal and communication lines,
radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to
make such changes in its own lines and furnish such protective devices to Railway Company and its lessees
or licensees as shall be necessary in the judgment of Railway Company's representative to eliminate such
interference. The cost of such protective equipment and its installation shall be borne solely by Licensee.
In the event that the methods above set forth fail to eliminate such interference, and it is deemed
necessary by the proper officer of Railway Company having jurisdiction therein that any or all facilities of
Railway Company or of any lessee or licensee thereof shall be relocated, reconstructed or otherwise
changed, the entire cost of such changes shall be borne by Licensee.
The current due to electrostatic effects shall not exceed 5.0 milliamperes, rms, to ground. In the
event it is determined that such current, at any time, exceeds 5.0 milliamperes, rms, Railway Company shall
have the right to require such installation or modification as may be necessary to reduce the current to 5.0
milliamperes, rms, or less, and the entire cost of the installation or modification shall be borne by Licensee.
15. ENVIRONMENTAL CLAUSE: Licensee shall not permit hazardous waste, hazardous
substances or hazardous materials on or in the area covered by this Agreement without the written consent
of Railway Company.
Licensee shall at all times keep the area covered by this Agreement that are within the Licensee's
control in a safe, clean and sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste
therein. Should any discharge, leakage, spillage or emission of any hazardous waste, hazardous substance
or hazardous material or pollution of any kind from items or equipment under the control of the Licensee
occur upon, in, into, under or from the area covered by this Agreement during Licensee's use and occupancy
thereof, Licensee, at its sole cost and expense, shall clean all property affected thereby, to the satisfaction of
Railway Company and any governmental body having jurisdiction thereover.
Licensee shall comply with all applicable ordinances, rules, regulations, requirements and laws
whatsoever including (by way of illustration only and not by way of limitation) any governmental authority
or court controlling environmental standards and conditions on the premises and shall furnish satisfactory
evidence of such compliance upon request by Railway Company. IF, AS A RESULT OF LICENSEE'S
OPERATION HEREUNDER, ANY SUCH ORDINANCE, RULE, REGULATION,
REQUIREMENT, DECREE, CONSENT DECREE, JUDGMENT, PERMIT OR LAW IS
VIOLATED, OR IF, AS A DIRECT RESULT OF ANY ACTION BY LICENSEE, ANY
HAZARDOUS OR TOXIC WASTE, MATERIALS OR SUBSTANCES SHOULD ENTER OR
5
OTI]ERWISE AFFECT ANY PART OF THE AREA COVERED BY THIS AGREEMENT
(INCLUDING SURFACE, SUBSURFACE, AIRBORNE AND/OR GROUND CONTAMINATION),
LICENSEE SHALL DEFEND, INDEMNIFY, AND SAVE HARMLESS RAILWAY COMPANY,
ITS OFFICERS, EMPLOYEES, SERVANTS AND AGENTS FROM AND AGAINST ANY
PENALTIES, FINES, COSTS, RESPONSE, REMEDIAL, REMOVAL AND CLEAN-UP COSTS,
CORRECTIVE ACTION, NATURAL RESOURCE DAMAGE AND DAMAGES AND EXPENSES
OF ANY OTHER NATURE WHATSOEVER, INCLUDING LEGAL FEES AND COURT COSTS,
IMPOSED UPON OR INCURRED BY RAILWAY COMPANY, ITS OFFICERS, EMPLOYEES,
SERVANTS AND AGENTS, CAUSED BY, RESULTING FROM OR IN CONNECTION WITH
SUCH VIOLATION OR VIOLATIONS.
FOR ~ PURPOSES OF THIS ENVIRONMENTAL SECTION, LICENSEE AGREES
TO DEFNED, INDEMNIFY, AND SAVE HARMLESS RAH~WAY COMPANY, ITS OFFICERS,
EMPLOYEES, SERVANTS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, ACTIONS, LIABILITY, RESPONSIBILITY AND CAUSES OF ACTION
(WHETHER ARISING IN OR OUT OF TORT, CONTRACT, STRICT LIABILITY, OR
OTH~.RWISE) ASSERTED AGAINST THEM FOR DEATH, INJURY, LOSS OR DAMAGE
RESULTING TO RAH ~WAY COMPANY'S EMPLOYEES OR PROPERTY, OR TO LICENSEE
OR LICENSEE'S EMPLOYEES OR PROPERTY, OR TO ANY OTHER PERSONS OR TI~I-F, IR
PROPERTY, AND FOR ALL PENALTIES, FINES, COSTS, RESPONSE, REMOVAL,
REMEDIAL AND CLEAN UP COSTS, CORRECTIVE ACTION, NATURAL RESOURCE
DAMAGE AND DAMAGES AND EXPENSES OF ANY OTHER NATURE WHATSOEVER,
INCLUDING LEGAL FEES AND COURT COSTS, ARISING FROM, RELATED TO OR
HAPPENING IN CONNECTION WITH THE BREACH OF THI~ DUTIES, OBLIGATIONS AND
RESPONSIBILITIES OF LICENSEE AND ITS AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS AND REPRESENTATIVES UNDER SECTION 15 OF THIS AGREEMENT.
FOR THE PURPOSES OF TFI[q ENVIRONMENTAL SECTION, LICENSEE FURTI:IF~R
AGREES THAT ITS OBLIGATIONS OF INDEMNITY, DEFENSE, SAVING AND HOLDING
HARMLESS FIF,REUNDER PURSUANT TO THIS SECTION SHALL BE STRICT AND
ABSOLUTE, AND SHALL REMAIN IN FULL FORCE AND EFFECT IRRESPECTIVE OF ANY
NEGLIGENCE ON THE PART OF RAH .WAY COMPANY.
16. REQUIRED INSURANCE: So long as this Agreement is in effect Licensee agrees to
maintain comprehensive, general, and contractual liability insurance with minimum limits of one mill/on
dollars ($1,000,000.00) per occurrence, together with umbrella coverage over all policies in the minimum
mount of five million dollars ($5,000,000.00). In addition, Licensee shall provide or require minimum
statutory workmen's compensation coverage for all covered employees who are on Licensee's property. A
certificate of insurance will be provided to Railway Company by Licensee prior to installing the wire line
licensed under this Agreement. The insurance certificate shall name The Kansas City Southern Railway
Company as an additional insured and contain a clause reading: "In the event the above policy is materially
altered, changed or canceled, The Kansas City Southern Railway Company will be furnished thirty (30)
days advance notice in writing."
Notwithstanding the foregoing, City may satisfy its obligation to provide insurance through a
program of self-insurance operated in complete accordance with State law.
17. Licensee agrees to furnish Railway Company w/th a certified copy of resolution or ordinance
adopted by the City of Denton authorizing the Mayor and City Clerk to execute this contract on behalf of
the City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate by their authorized representatives as of the date first above written.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
By.
Vice President and Chief Engineer
CITY OF DENTON, TEXAS
By
Title
Attest:
S:\Our Documents\Contmcts\04kKCS Agreement.doc
APPROVED AS TO FORM:
CITY ATTORN.E~' .~
BY: ~ ~ ~
Exhibit A
F..~ECTRI¢
SCALE:
1' -- 100'
750
745
740
735
730
720
715 .: ]
700.
~ I II1~:
675 '~*x -.
670 '
665 LOC~TiON ~ I. iF_.,iGI, iT OF pOLES Ai~ ..... r ........
P];~OX[MATE.', DE~[G~ WU.I, ~ TO
MII,,'IMUM OF 36' CLEARAnCe.
66O
1" = ~0~ HOR.
1' = 20' VERT.
DESCRIPTION:
D.M.E. REQUESTS A
RAILROAD PERMIT TO
INSTALL AN OVERHEAD
69KV ELECTRIC LINE
CROSSING 12' FROM THE
NORTH R.O.W. LINE OF W.
OAK AND THE RAILWAY
TRACKS; THE CROSSING
WiLL HAVE A MINIMUM
CLEARANCE OF 36'
ABOVE THE RAILROAD
TRACKS.
Railroad O,H, Permit. 1.35 at W, Oak
*"M Ii I ~ I P A [ ~. 60013000
E L E C T B ! G '-~ ~ ,,v. ®.~o..,o.. ~ ~. ~ (as indicted)
'~ghli 7/~ [ ~ 2460
~ ~.~ ~'~ ~ ~ Ed~l Sapian J~ Don Mc~ ~ ~ I of 1
CITY OF DENTON CITY COUNCIL MINUTES
October 4, 2004
After determining that a quorum was presem, the City Council convened in a Special Called
Work Session on Monday, October 4, 2004 at 11:30 a.m. in the Council Work Session Room.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion, and gave staff direction regarding the
use of automated red light enforcement cameras at selected intersections in the City of Denton.
Lt. Scott Fletcher, Denton Police Department, presented information regarding red light
enforcement and accidents that occur because of red light accidents. He stated that in Texas
there had been a 250% increase in accidems since 1975. In DeNon there had been more than
200 red light accidems since 2002. More than 2350 citations for red light violations had been
issued. The exact extent of the problem was not really known outside of accidents and tickets
issued. Traditional enforcemem had been ineffective, inefficiem, and dangerous as an officer
would be presem at the imersection to physically write tickets. Driver behavior would change
while an officer was presem but would go back to prior behavior when the officer was no longer
present. Automated enforcement was the current method for red light enforcement. It was
effective on reducing the number of red light accidems, violator reductions, reduction of
violations at similar intersections without cameras. The automated enforcement was also cost
efficiem in terms of manpower and enforcemem coverage. Red light camera issues included
criminal versus civil violation, owner versus operator liability, right to privacy, and revenue
structures.
Council Member Redmon joined the meeting.
Fletcher cominued with the red light camera process. The process included recording the
violation, processing and verification, violator notification and hearing and appeal. The
placement of cameras was an issue because of the top ten intersections in terms of red light
accidents for the past two years, only one did not involve a TxDot road. The Texas Department
of Transportation would not allow the placement of automated enforcement cameras at
imersections involving roadways they maimained. A public awareness campaign would be
necessary to inform citizens of the program.
Council discussion included:
An automated violation was a civil violation as opposed to a criminal violation if
issued by an officer.
TxDot would not allow cameras to be placed at intersections involving roadways
they maintained.
How to pursue collection of fees for nonpayment.
The number of officers curremly involved in red light enforcemem.
This was a method to expand enforcement of traffic regulations without
expending officer time on the procedures.
Violations should go down as the time factor was involved.
Consensus of Council was to proceed with the proposal.
City of Demon City Council Minutes
October 4, 2004
Page 2
2. Closed Meeting:
Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section
551.071.
Discuss and consider legal issues concerning the City of Demon's
proposed Automated Red Light Enforcement Camera Program patterned
on an existing City of Garland Program including the legal enforceability
of such a program under the City of Demon's home rule authority, the
Texas Transportation Code and other applicable law, including the legal
aspects of enforcemem as a criminal violation or as a civil penalty where
to discuss these legal issues 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.
Council did not meet in Closed Session.
With no further business, the meeting was adjourned 1:20 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 5, 2004
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 5, 2004 at 4:30 p.m. in the Council Work Session Room.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion, and gave staff direction regarding
improvements to Taliaferro Street between Elm and Locust.
Kelly Carpenter, Director of Planning and Development, presented an overview of the street
location and the current condition of the street. In 1987 the road was closed as the City was not
sure the connection between Locust and Elm Streets was still needed. In the spring of this year,
one of the property owners in the area wanted to put a fence along the boundary right-of-way
line. A permit was issued for the fence and an addition to the house. Upon completion, it was
learned that the fence was located 51/2 feet in the right-of-way. The homeowner had not
requested a final inspection for the fence or house addition. A notice of violation had been
issued for encroachment of the fence into the right-of-way.
Council Member Redmon arrived at the meeting.
Carpenter continued that the property owner had removed some of the asphalt from the road.
The permit was issued correctly but the fence was improperly installed in the right-of-way. The
issue was whether or not to open the 25' of right-of-way for one-way traffic. The street could be
paved with a 20' street with curb and gutter and could be included in the CIP bond package. It
was estimated to cost $45,000 to improve the street. Actions to consider were to reconnect the
street with one-way single lane traffic; abandon the public street interests or maintain status quo.
Council discussion included:
Reasoning for original closing of the street.
The issue was one of public safety due to the apartments on Coronado and traffic
going the wrong way to get to Coronado.
Council consensus was to reconnect the street with one-way single lane traffic. Staff would
check with TxDot to see if there were any funds available, as the street would be connecting two
state roads and to also check into CDBG funding for the improvements. Staff would return to
Council with options including the cost to purchase additional right-of-way to accommodate a
two-way street.
2. The Council held a discussion regarding a public safety update.
City Manger Conduff stated that this was an opportunity to bring department directors to Council
for a dialog on various issues.
Chief Wiley reviewed the organization of the police department. He discussed the community
oriented policing philosophy of the department. Issues dealing with the department included
traffic deaths and homicides in the city.
City of DeNon City Council Minutes
October 5, 2004
Page 2
Chief Chadwick presemed an overview of the fire departmem and the organizational make-up.
Council discussion included:
Experience to date on the panhandler ordinance - it appeared to be very
successful and it appeared that the word was out about the provisions of the
ordinance.
Cooperation among other law enforcemem agencies such as TWU and County -
very good rapport with both entities plus many other agencies throughout the
county.
Computer generated statistical analysis of crime in certain areas - Denton has the
technology and was updating the features - monthly updates of areas of the city
would be available.
Status of adding additional officers - the Civil Service eligibility list was being
used to fill the vacancies.
Radio communications between university police departmems and DeNon police
- all have the capability to communicate on radio frequencies.
In an emergency, how would the two departments be coordinated - procedures
were in place for coordination of services plus a command trailer to coordinate
efforts.
Was an emergency plan in place for natural and other types of disasters - a plan
had been submitted to the State for approval and then would be presemed to
Council for approval.
Compliance with the fire code for buildings on the Square - resources were
prepared to handle any scenario that might happen on the Square.
School resource officers and funding for the program - city paying for cost of the
officers; DISD curremly did not incur any costs.
A letter from the Demon Police Officers Association indicated that officer morale
was low when comparing staffing and salary with other cities - semimem
appeared to be differem due to the amicipated increase in the number of officers
and increase in salary with this new budget year.
In regards to the COPS program in southeast Demon, there seemed to be an
increase in crime in the area - were the neighbors having more or less
responsibility in the neighborhood? - residems attended meetings in the area and
there was a good rapport with the neighborhood for good service delivery.
Was there counseling service support for officers/firefighters - the Police
Departmem had a support person on staff; the Fire Departmem had a debriefing
policy personnel to follow.
3. The Staff responded to requests for clarification of consem agenda items listed on the
consem agenda for October 5, 2004.
Following the completion of the Work Session, the Council considered the following in Closed
Session:
1. Closed Meeting:
Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section
551.071.
City of DeNon City Council Minutes
October 5, 2004
Page 3
Considered and discussed status of litigation styled Dickerson v. City of
Denton, Cause No. 4:03cv344, currently pending in the United States
District Court, Eastern District of Texas, Sherman Division.
Discussed and considered legal issues concerning road damage caused by
gas well operations and to consider potential litigation by H.E.P., 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.
Regular Meeting of the City of Demon City Council on Tuesday, October 5, 2004 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor presemed proclamations for:
Relationship Violence Awareness Momh
Healthy Heart Day
National Martial Arts Day
B. Recognition of staff accomplishmems
City Manager Conduffpresemed staff accomplishmems to the Council.
3. CONSENT AGENDA
Items #C-N, #P and #U were pulled for separate consideration.
Momgomery motioned, Kamp seconded to approve the Consem Agenda and accompanying
ordinances and resolutions with the exception of Items C-N, P and U. On roll vote, Kamp "aye",
McNeill "aye", Momgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
Mayor Pro Tem McNeill asked what would be the consequences if the pulled items were not
approved at this meeting.
City of DeNon City Council Minutes
October 5, 2004
Page 4
City Manager Conduff indicated that Items C, D, E, I, M, N, and O had to be renewed in October
or there would be penalty to reinstate the programs. Items F, G, H, and L needed to be renewed
in November and items J and P had to be renewed in December. item K was an upgrade and did
not have a specific renewal date.
McNeill motioned, Kamp seconded to delay approval of Items C-N and P until the October 19th
city council meeting in order to further investigate the Council's questions. On roll vote, Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "nay" and
Mayor Brock "aye". Motion carried with a 6-1 vote.
Council Member Redmon left the meeting.
Item U was considered.
Kamp motioned, McNeill seconded to adopt the ordinance for Item U. On roll vote, Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
2004-299 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of multipurpose paper to be used by various departments
within the City; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3201 - Annual Comract for Multipurpose Paper awarded to
Paper 101 in the amoum of $2.16 per ream of paper ($21.60/carton) for an
estimated amoum of $34,560).
2004-300 - An ordinance of the City of DeNon approving change order two for a
professional services agreemem between the City of DeNon, Texas and
Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said
agreemem, and authorizing and ratifying the expenditure of funds for work to be
performed; authorizing the City Manager or his designee to execute the change
order on behalf of the City and expend funds authorized by the change order; and
providing for an effective date.
Postponed umil October 19, 2004 - An ordinance approving the expenditure of
funds for the purchase of annual maimenance for VisionAir Public Safety
Software System and associated modules used for Police and Fire Departmem
dispatching and records managemem available from only one source in
accordance with the provision for State Law exempting such purchases from
requiremems of competitive bids; and providing an effective date (File 3237 -
Purchase of Annual Maimenance for VisionAir Public Safety Software System
awarded to VisionAir inc. in the amoum of $139,320.43).
Postponed umil October 19, 2004 - An ordinance approving the expenditure of
funds for the purchase of annual service access and support for the General Packet
Radio Services (GPRS) wireless computer network for the Public Safety mobile
computers used by City of DeNon Police, Fire and EMS personnel 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
City of DeNon City Council Minutes
October 5, 2004
Page 5
(File 3227 - Purchase of Annual Service Access and Support for General Packet
Radio Services (GPRS) awarded to AT&T Wireless in the amoum of $117,500).
mo
Postponed umil October 19, 2004 - An ordinance awarding a comract for the
purchase of Wireless Communication Services as approved by the State of Texas
Building and Procurement Commission Department of Information Resources
(DiR); providing for the expenditure of funds therefore; and providing an
effective date (File 3231 - Purchase of Wireless Communication Services
awarded to Nextel Communications in the estimated amoum of $50,000).
Fo
Postponed until October 19, 2004 - An ordinance approving the expenditure of
funds for the purchase of annual maimenance for Harris Public Utility Billing
System and associated software modules available from only one source in
accordance with the provision for State Law exempting such purchases from
requiremems of competitive bids; and providing an effective date (File 3229 -
Purchase of Annual Maimenance for Harris Public Utility Billing awarded to
Harris Public Utility Billing System in the amoum of $53,875).
Go
Postponed umil October 19, 2004 - An ordinance awarding a comract for the
purchase of software maintenance for continued vendor support of the Informix
Dynamic Server Relational Database software as awarded by the State of Texas
Building and Procuremem Commission through the Catalog information Service
Vendor (CiSV) Catalog Program; providing for the expenditure of funds
therefore; and providing an effective date (File 3226 - Purchase of Software
Maintenance for Informix Dynamic Server Relational Database Software awarded
to CompuCom Systems, inc. in the amoum of $58,976.88).
Ho
Postponed umil October 19, 2004 - An ordinance approving the expenditure of
funds for the purchase of annual maimenance for cominued vendor support of the
Millennium Library System and associated hardware and software modules
available from only one source in accordance with the provision for State Law
exempting such purchases from requiremems of competitive bids; and providing
an effective date (File 3224 - Purchase of Annual Maimenance for Millennium
Library System awarded to innovative imerfaces, inc. in the amoum of $29,224).
Postponed umil October 19, 2004 - An ordinance awarding a contract for the
purchase of annual software maintenance and services for the Laser Fiche
Document Imaging System currently being used by the City of Denton as
awarded by the State of Texas Building and Procurement Commission through
the Catalog information Service Vendor (CiSV) Catalog Program; providing for
the expenditure of funds therefore; and providing an effective date (File 3235 -
Annual Software Maintenance and Services or Laser Fiche Document Imaging
System awarded to VP imaging in the amount of $41,731.50).
Jo
Postponed umil October 19, 2004 - An ordinance approving the expenditure of
funds for the purchase of annual maimenance for Geographic information System
(GiS) software package 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 3230 - Purchase of Annual
City of DeNon City Council Minutes
October 5, 2004
Page 6
Maimenance for Geographic Information System (GIS) Software Package
awarded to Environmemal Systems Research Institute (ESRI) in the amoum of
$31,810.98).
Ko
Postponed umil October 19, 2004 - An ordinance awarding a comract under the
Texas Multiple Award Schedule (TXMAS) program for the purchase of a
PSERIES 630 server, computer hardware, operating system software, and first
year annual maimenance for Geographic Information System (GIS) as awarded by
the State of Texas Building and Procurement Commission contract TXMAS-3-
70030; providing for the expenditure of funds therefore; and providing an
effective date (File 3238 - Purchase of PSERIES630 server, computer hardware,
operating system software, and first year annual maintenance awarded to
Imemational Business Systems, Inc. (IBM) in the amoum of $52,466).
Lo
Postponed until October 19, 2004 - An ordinance approving the expenditure of
funds for the purchase of annual maimenance for cominued vendor support of the
PeopleSoft Emerprise One (formerly JD Edwards OneWorld) software package
available from only one source in accordance with the provision for State Law
exempting such purchases from requiremems of competitive bids; and providing
an effective date (File 3225 - Purchase of Annual Maimenance for PeopleSoft
Enterprise One Software Package awarded to PeopleSoft, Inc. in the amount of
$82,800).
Mo
Postponed umil October 19, 2004 - An ordinance approving the expenditure of
funds for the purchase of annual maimenance for cominued vendor support of the
Oracle Relational Database Software available from only one source in
accordance with the provision for State Law exempting such purchases from
requiremems of competitive bids; and providing an effective date (File 3228 -
Purchase of Software Maintenance for Oracle Relational Database Software
awarded to Oracle Corporation in the amoum of $35,860).
No
Postponed umil October 19, 2004 - An ordinance awarding a comract for the
purchase of cominued software license maimenance for the City of DeMon's
Novel products and the acquisition of 150 Cliem, 65 GroupWise, 100 ZenWorks,
1000 File system Factory and 250 Nsure Idemity Manager licenses including
maintenance as approved by the State of Texas Building and Procurement
Commission Departmem of Information Resources (DIR); providing for the
expenditure of funds therefore; and providing an effective date (File 3234 -
Annual Software License Maintenance for Novell Products and Acquisition of
Additional Novell Licenses awarded to SHI-Government Solutions in the amount
of $107,079.33).
Oo
2004-301 An ordinance awarding a comract for the purchase of annual
maintenance for the Nortel phone system including 24 hours per day 7 days per
week support on all equipmem located in City of DeNon facilities as awarded by
the State of Texas Building and Procurement Commission through the Catalog
Information Service Vendor (CISV) Catalog Program; providing for the
expenditure of funds therefore; and providing an effective date (File 3236 -
City of Denton City Council Minutes
October 5, 2004
Page 7
Annual Maintenance for Nortel Phone System awarded to Verizon Southwest in
the amount of $45,989.16).
Po
Postponed uNil October 19, 2004 - An ordinance awarding a coNract for the
purchase of annual maiNenance for the City of DeNon Cisco networked devices
(Smartnet) including switches, hubs, routers, and Cisco IP phone equipmeN
including 24 hour 7 days per week Technical Assistance CeNer (TAC) support on
all equipmeN located in City of DeNon facilities as awarded by the State of Texas
Building and ProcuremeN Commission through the Catalog Information Service
Vendor (CISV) Catalog Program; providing for the expenditure of funds
therefore; and providing an effective date (File 3233 - Annual MaiNenance for
Cisco Networked Devices awarded to InterNetwork Experts in the amount of
$109,084).
Qo
2004-302 - An ordinance accepting competitive bids by way of an INerlocal
Agreement with Tarrant County and awarding a contract for the purchase of
cellular phone services; providing for the expenditure of funds therefore; and
providing an effective date (File 3232 - INerlocal AgreemeN with Tartan
County for the purchase of cellular phone services, contract awarded to
Progressive Concepts, Inc. in the estimated amouN of $185,000).
Ro
2004-303 - An ordinance accepting competitive bids and awarding a coNract for
the purchase of janitorial services for various City DepartmeNs; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3205 -
Janitorial Services awarded to AHI Facility Service, Inc. dba American
Housekeeping, Inc. in the amouN of $363,998.62).
So
2004-304 - An ordinance accepting competitive bids and awarding a coNract for
the lease of agricultural land at the Municipal Airport; providing an effective date
(Bid 3216 - Lease of Agricultural Land at Municipal Airport awarded to Larry
Downe in the amouN of $5500 per year for a total of $27,500 over a five year
period).
Approved a tax refund for the following property tax:
Tax
Name Reason Amount
Year
Uo
2004-305 - An ordinance of the City Council of the City of DeNon, Texas,
approving the guidelines for the ReNal Rehabilitation Program and eligibility
criteria; authorizing expenditures in excess of $25,000 for projects meeting
program guidelines and criteria; and providing for an effective date.
go
2004-306 - An ordinance of the City Council of the City of DeNon, Texas,
approving guidelines for operation of the City of DeNon 2004 Home
ImprovemeN Program and eligibility criteria; authorizing expenditures in excess
of $25,000 for projects meeting program guidelines and criteria; and providing for
an effective date.
City of DeNon City Council Minutes
October 5, 2004
Page 8
Wo
2004-397 - An ordinance approving a second amendmem to the Consolidation
Amendment of the Economic Development Program Agreement between the City
of DeNon and the DeNon Chamber of Commerce, including the funding of an
image and Marketing Project; and providing an effective date.
Council Member Redmon returned to the meeting.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 5.1 acres from Neighborhood Residemial 4 (NR-4) zoning district to
Neighborhood Residemial Mixed Use (NRMU) zoning district. The property was generally
located approximately 800 feet south of Audra Lane, on the west side of Loop 288. The
Planning and Zoning Commission recommended approval (6-0). (Z04-0028, Denton
Development Center)
Kelly Carpemer, Director of Planning and Development, stated that this was a request for a
rezoning on the west side of Loop 288. When the citywide rezoning was done, this parcel had
elderly housing and offices in a single-family zoning and a special exception was provided. The
applicam was uncomfortable with the specific uses allowed in the currem zoning and would like
to be able to access all uses allowed under the proper zoning category.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-308
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESiDENTiAL 4 (NR-4) ZONING
DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 5.1 ACRES OF LAND LOCATED APPROXIMATELY 800 FEET
SOUTH OF AUDRA LANE, ON THE WEST SIDE OF LOOP 288 IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (Z04-0028)
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
City of DeNon City Council Minutes
October 5, 2004
Page 9
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the City Manager,
as Denton's authorized representative, to accept on behalf of the City of Denton an offer from
the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to
the Denton Municipal Airport, confirming agreement to pay a portion of the total project costs;
and providing an effective date. (Runway Extension)
Mark Nelson, Director of Airport and Transit Operations, stated that this was acceptance for a
grant from TxDot for a runway extension at the Denton Municipal Airport. The grant would
include funding for land acquisition, an environmemal analysis and construction.
The following ordinance was considered:
NO. 2004-309
AN ORDINANCE AUTHORIZING THE CITY MANAGER, AS DENTON'S
AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF
DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION
(TXDOT) RELATING TO A GRANT FOR CERTAIN iMPROVEMENTS TO THE
DENTON MUNICIPAL AIRPORT, CONFIRMING AGREEMENT TO PAY A
PORTION OF THE TOTAL PROJECT COSTS; AND PROViDiNG AN EFFECTIVE
DATE.
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance accepting sealed proposals and
awarding a contract for architectural services for the design and construction oversight of an
airport terminal for the City of DeNon Municipal Airport; providing for the expenditure of funds
therefore and providing an effective date (RFSP 3204 - Architectural Services for Design and
Construction Oversight of Airport Terminal awarded to GRW Willis, inc. in the base proposal
amoum of $55,120 plus a reimbursable amoum not to exceed $1500 for the terminal building and
$17,252 for the auto parking/access portion of the comract for a total award amoum of $73,872).
Rick Woolfolk, Chair-Airport Advisory Board, presemed information regarding the construction
and design of an airport terminal. He detailed the process of selection for the architect and the
recommendation from the selection committee.
The following ordinance was considered:
NO. 2004-310
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A
CONTRACT FOR ARCHITECTURAL SERVICES FOR THE DESIGN AND
CONSTRUCTION OVERSIGHT OF AN AIRPORT TERMINAL FOR THE CITY OF
DENTON MUNICIPAL AIRPORT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (RFSP 3204 -
City of DeNon City Council Minutes
October 5, 2004
Page 10
ARCHITECTURAL SERVICES FOR DESIGN AND CONSTRUCTION OVERSIGHT
OF AIRPORT TERMINAL AWARDED TO GRW WILLIS, INC. IN THE BASE
PROPOSAL AMOUNT OF $55,120 PLUS A REIMBURSABLE AMOUNT NOT TO
EXCEED $1500 FOR THE TERMINAL BUILDING AND $17,252 FOR THE AUTO
PARKING/ACCESS PORTION OF THE CONTRACT FOR A TOTAL AWARD
AMOUNT OF $73,872).
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance authorizing the City Manager or
his designee to execute a professional services agreemem with Randy L. Park, MD, to provide
medical comrol and cominuing education services in support of the City of DeNon Fire
Departmem; authorizing the expenditure of funds therefore and providing an effective date (RFP
3203 - in an amoum not to exceed $40,000).
Ross Chadwick, Fire Chief, stated that the ordinance would comract with Dr. Randy Park for
medical control and continuing education for the Fire Department.
The following ordinance was considered:
NO. 2004-311
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RANDY L. PARK,
MD, TO PROVIDE MEDICAL CONTROL AND CONTINUING EDUCATION
SERVICES IN SUPPORT OF THE CITY OF DENTON FIRE DEPARTMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING
AN EFFECTIVE DATE (RFP 3203 - IN AN AMOUNT NOT TO EXCEED $40,000).
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
D. The Council considered nominations/appoimmems to the City's Economic
Development Partnership Board.
Council Member Kamp nominated Mayor Pro Tem McNeill as the Council representative,
Randy Robinson as the Chamber of Commerce represemative, Bob Haley as the represemative
from the top twenty City of Denton ad valorem or sales tax payer, and Norval Pohl as the UNT
representative. These representatives would serve two-year terms. Formal approval would be at
the next council meeting.
E. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
City of Demon City Council Minutes
October 5, 2004
Page 11
A. Bobby Brewer regarding the animal ordinance in an industrial area.
Mr. Brewer, 4898 Jim Crystal Road, stated that he had purchased a home in Denton in an
industrial area and had been having problems with a neighbor regarding the keeping of FFA
animals within the city limits. He requested an exception to the current ordinance for swine kept
as school projects.
Pam Brewer regarding FFA projects and City ordinances that deter
children from pursuing agricultural careers.
Ms. Brewer requested Council to help them with their problem as their daughter wanted to keep
FFA show pigs on their property. They only needed a four-year exception umil their daughter
graduated from high school. They lived in an industrial zoned area with only four homes in the
immediate area.
C. Peternia Washington regarding stifling dissent.
Ms. Washington was not present at the meeting.
D. Dessie Goodson regarding free speech and responsibility.
Ms. Goodson, 1511 Elm, presemed details on how she acquired information from the city. She
had received her currem utility bill and she still disputed her electric charges.
E. Robert Donnelly regarding drainage.
Mr. Donnelly presented additional information regarding his request for assistance with a
drainage problem. He felt that a development built next to his property was adversely affecting
the drainage of his property.
F. New Business
The following items of New Business were suggested by Council for future agendas:
Mayor Brock requested an update on the Brewer situation.
Mayor Pro Tem McNeill requested a review of the development code for some
type of relief for the Brewers.
Council Member Redmon requested information on additional programs for
utility disconnects similar to Plus One.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
City of Demon City Council Minutes
October 5, 2004
Page 12
Council convened in Closed Meeting to consider items listed above.
I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting Items.
With no further business, the meeting was adjourned.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 12, 2004
After determining that a quorum was presem, the City Council convened on Tuesday, October
12, 2004 at 4:00 p.m. in the City Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT: Council Member Redmon
The City Council convened in a Special Called Meeting to consider the following:
1. CONSENT AGENDA
McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
mo
2004-312 - An ordinance approving the expenditure of funds for the purchase of
annual maimenance for VisionAir Public Safety Software System and associated
modules used for Police and Fire Departmem dispatching and records
managemem 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 3237 - Purchase of Annual Maimenance for
VisionAir Public Safety Software System awarded to VisionAir inc. in the
amoum of $139,320.43).
Bo
2004-313 - An ordinance approving the expenditure of funds for the purchase of
annual service access and support for the General Packet Radio Services (GPRS)
wireless computer network for the Public Safety mobile computers used by City
of DeNon Police, Fire and EMS personnel available from only one source in
accordance with the provision for State Law exempting such purchases from
requiremems of competitive bids; and providing an effective date (File 3227 -
Purchase of Annual Service Access and Support for General Packet Radio
Services (GPRS) awarded to AT&T Wireless in the amoum of $117,500).
Co
2004-314 - An ordinance awarding a comract for the purchase of Wireless
Communication Services as approved by the State of Texas Building and
Procuremem Commission Departmem of information Resources (DiR); providing
for the expenditure of funds therefore; and providing an effective date (File 3231
- Purchase of Wireless Communication Services awarded to Nextel
Communications in the estimated amoum of $50,000).
Do
2004-315 - An ordinance approving the expenditure of funds for the purchase of
annual maimenance for Harris Public Utility Billing System and associated
software modules 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 3229 - Purchase of Annual
Maimenance for Harris Public Utility Billing awarded to Harris Public Utility
Billing System in the amoum of $53,875).
City of DeNon City Council Minutes
October 12, 2004
Page 2
mo
2004-316 - An ordinance awarding a contract for the purchase of software
maintenance for continued vendor support of the Informix Dynamic Server
Relational Database software as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CiSV) Catalog Program; providing for the expenditure of funds therefore; and
providing an effective date (File 3226 - Purchase of Software Maimenance for
informix Dynamic Server Relational Database Software awarded to CompuCom
Systems, inc. in the amoum of $58,976.88).
Fo
2004-317 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Millennium Library
System and associated hardware and software modules available from only one
source in accordance with the provision for State Law exempting such purchases
from requiremems of competitive bids; and providing an effective date (File 3224
- Purchase of Annual Maimenance for Millennium Library System awarded to
innovative imerfaces, inc. in the amoum of $29,224).
Go
2004-318 - An ordinance awarding a comract for the purchase of annual software
maintenance and services for the Laser Fiche Document Imaging System
curremly being used by the City of DeNon as awarded by the State of Texas
Building and Procuremem Commission through the Catalog information Service
Vendor (CiSV) Catalog
therefore; and providing
Maimenance and Services
VP Imaging in the amount
Program; providing for the expenditure of funds
an effective date (File 3235 - Annual Software
or Laser Fiche Document Imaging System awarded to
of $41,731.50).
Ho
2004-319 - An ordinance approving the expenditure of funds for the purchase of
annual maimenance for Geographic information System (GiS) software package
available from only one source in accordance with the provision for State Law
exempting such purchases from requiremems of competitive bids; and providing
an effective date (File 3230 - Purchase of Annual Maimenance for Geographic
information System (GiS) Software Package awarded to Environmemal Systems
Research institute (ESRI) in the amoum of $31,810.98).
2004-320 - An ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of a PSERIES 630 server,
computer hardware, operating system software, and first year annual maintenance
for Geographic information System (GiS) as awarded by the State of Texas
Building and Procuremem Commission comract TXMAS-3-70030; providing for
the expenditure of funds therefore; and providing an effective date (File 3238 -
Purchase of PSERiES630 server, computer hardware, operating system software,
and first year annual maintenance awarded to International Business Systems, Inc.
(IBM) in the amoum of $52,466).
Jo
2004-321 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the PeopleSoft Enterprise
One (formerly JD Edwards OneWorld) software package available from only one
source in accordance with the provision for State Law exempting such purchases
from requiremems of competitive bids; and providing an effective date (File 3225
City of DeNon City Council Minutes
October 12, 2004
Page 3
- Purchase of Annual Maintenance for PeopleSoft Enterprise One Software
Package awarded to PeopleSoft, Inc. in the amoum of $82,800).
Ko
20204-322 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Oracle Relational
Database Software 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 3228 - Purchase of
Software Maintenance for Oracle Relational Database Software awarded to
Oracle Corporation in the amoum of $35,860).
Lo
2004-323 - An ordinance awarding a comract for the purchase of cominued
software license maintenance for the City of Denton's Novel products and the
acquisition of 150 Cliem, 65 GroupWise, 100 ZenWorks, 1000 File system
Factory and 250 Nsure Idemity Manager licenses including maimenance as
approved by the State of Texas Building and Procurement Commission
Departmem of Information Resources (DIR); providing for the expenditure of
funds therefore; and providing an effective date (File 3234 - Annual Software
License Maimenance for Novell Products and Acquisition of Additional Novell
Licenses awarded to SHI-Govemmem Solutions in the amoum of $107,079.33).
Mo
2004-324 An ordinance awarding a comract for the purchase of annual
maimenance for the City of DeNon Cisco networked devices (Smartnet) including
switches, hubs, routers, and Cisco IP phone equipmem including 24 hour 7 days
per week Technical Assistance Cemer (TAC) support on all equipmem located in
City of DeNon facilities as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefore; and
providing an effective date (File 3233 - Annual Maimenance for Cisco
Networked Devices awarded to ImerNetwork Experts in the amoum of $109,084).
Following the completion of the Special Called Meeting, the City Council convened in a
Planning Work Session, at which the following items were considered:
1. The Council received a report and held a discussion on the Dowmown Master
Plan and TIP Strategies implementation efforts.
Linda Ratliff, Director of Economic Development, presented an update on the Downtown Master
Plan. The purpose of the Dowmown Master Plan was to guide the physical and economic
development of the Downtown area. A Downtown Strategic Action Plan was developed to
identify the opportunities and recommendations presented in the TIP Strategies report for
downtown and the Downtown Master Plan and provide an update of the individual
implementation actions. Various committees were formed including the parking committee,
wayfinding signs committee, sidewalk committee, and a citizen advisory committee. Future
implememation actions included issues concerning (1) parking-develop process for acquiring
land for future parking needs, establish a tax improvement district; review and revise parking
facility regulations to maximize potemial for innovative design; (2) streets and streetscape -
implemem sidewalk improvemem plan for alley streets; (3) transit - designate busways along
Locust, Elm Hickory and Oak and implemem "fareless" square; (4) Planning and Zoning -
City of DeNon City Council Minutes
October 12, 2004
Page 4
evaluate existing policies or guidelines in the DevelopmeN Code and Criteria manuals and
amend accordingly, establish and implemeN regulations relating to architectural projections in
the dowNown core, formulate design guidelines for architectural projections in the dowNown
core, implemeN sidewalk card ordinance, develop list of infrastructure needs in dowNown and
prioritize; (5) amenities and evens - explore feasibility of installing an active fouNain
dowNown, explore feasibility of roundabout construction and explore feasibility of hotel and
conference ceNer construction; and (6) business developmeN - develop business
retention/recruitment plan for downtown, support and market existing businesses, coordinate
with Main Street Association, expand Chamber involvement in retail business development,
increase tourist activity, and coordinate festivals with retail opportunities.
Bob Moses preseNed information regarding parking in the dowNown area. He showed slides on
the backstreets around the Square. He asked that the Council keep an open mind regarding the
parking and traffic flow around the Square uNil the study was completed.
Council discussion included:
The dumpster situation around the Square and possible solutions.
The need for a strategy for the business owners to buy into any possible solution.
Involve more merchants in the discussions/committees.
Develop a list of addresses for businesses and merchaNs in the area to discuss
solutions.
Get merchants to see the long-term vision for the development of the Square.
Develop another site to help with events.
2. Suggestions for Agenda Committee on future agenda items and/or placement of
items for upcoming agendas.
No items were suggested.
With no further business, the meeting was adjourned at 5:40 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 13, 2004
Join Meeting of the City of DeNon City Council and the Planning and Zoning Commission on
Wednesday, October 13, 2004 at 11:30 a.m. in the Council Work Session Room.
CITY COUNCIL PRESENT:
CITY COUNCIL ABSENT:
PLANNING AND ZONING PRESENT:
PLANNING AND ZONING ABSENT:
Mayor Brock; Mayor Pro Tem McNeill; Council
Members Kamp, Mulroy, and Thomson.
Council Members MoNgomery and Redmon
Commissioners Watkins, Strange, Holt, and Roy.
Commissioners Noble, Thibodaux, and Powell.
1. The Council and Commission received a report, held a discussion, and gave staff
direction regarding Denton Development Standards.
Kelly Carpenter, Director of Planning and Development, presented an update on the Denton
DevelopmeN Code. Council had asked for a briefing on resideNial developmeN to include
density, design value and future growth and developmeN. Information would be provided on
existing conditions and trends, curreN city policies and regulations benchmarking data with
other cities and policy issues. The DeNon Plan ResideNial Use Principles included preservation
of neighborhoods, promotion of a diverse housing stock and the limitation of sprawl. She
reviewed other cities' residential development regulations as compared to Denton's residential
development regulations. Those statistics were located in the agenda backup materials. Actions
to affect single-family to multifamily ratio included increasing citywide average densities for
single-family and multi-family developments, work with the universities to increase on-campus
housing, place a moratorium on multi-family developmeN, and housing affordability (increase
design standards and construction costs).
Commissioners Noble and Thibodeaux joined the meeting.
Charts were presented showing agricultural zoning in 2002, changes from agricultural to NR-4
zoning in 2002, existing NR-4 zoning in 2004, existing NR-6 zoning in 2004, NRMU-12 zoning
in 2004, existing undeveloped NR-4 to NRMU zoning in 2004. Design standards was the next
category discussed with CarpeNer reviewing housing features available in DeNon subdivisions.
Factors influencing housing values included regulations, land availability, proximity to
employment, access to employment, access to transportation, availability of infrastructure, access
or proximity to open space, amenities, proximity to schools, and adjaceN land uses. Factors
impacting developmeN of higher value single-family housing included location to employmeN
ceNers, location to DFW Airport, proximity to high-paying jobs, infrastructure and road
network, school district, and market conditions.
Council discussion included: · Standards did not insure that denser developmeN would provide quality
development.
· Districts might be available for high rise condos that would allow for higher
densities.
· Value of alleys in developmeNs.
· Comparison of per capita income versus housing value.
· Building standards proposed would not increase the value of homes in Denton; it
merely would increase the cost of the homes
· Outside of the housing issue, potential homebuyers looked at what else the
community had to offer.
City of DeNon City Council Minutes
October 13, 2004
Page 2
Money needed to be spent to improve the roads in order to get in and out of
Denton quickly.
Tax exempt property drastically affected the type of housing Denton had and the
quality of housing DeNon had.
Carpenter presented regulatory options for development, subdivision design elements, and
building standards.
Following the completion of the Join Meeting, the City Council convened in a Work Session.
1. The Council received a report, held a discussion, and gave staff direction regarding
proposed ordinances, procedures and programs related to property appearance and Code
Enforcement.
Captain Joannie Housewright, Denton Police Department, presented information regarding a
comprehensive review of the ordinances, procedures and programs related to property
appearance and Code Enforcement. Staff had prepared a matrix of the issues that included a list
of proposed changes to address each of the issues; the perceived positive and negative aspects of
each proposed change; and the required action to implement each change.
Council discussed the items found in Appendix A of the agenda backup. · Junked vehicles items #1-#3 - proceed as preseNed.
· Grass and Weeds items #4-#8 - reword items #6 and #7
· Trash and Debris Items #9-#10 - proceed as preseNed
· Stagnant Water Items #11-#12 - revise #11 and #12 and put with the
environmental issues
· Fences Item #13 - add a percentage of the fence that was dilapidated
· Enforcement Procedures Items #14-#16 - violation procedures - limit to one 7
day notice and then deferred adjudication with abatemeN - allow for unusual
circumstances - rest of provisions were acceptable - hold Item #15 for the next
discussion time.
· Enforcement Procedures Item #16 - proceed as presented
· Graffiti Item #22 - proceed as presented
· Other Abatement Strategies Item #26 - proceed as presented
The remaining items would be discussed at a future meeting.
With no further business, the meeting was adjourned 2:30 p.m.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EULiNE BROCK
MAYOR
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2004
DEPARTMENT: Finance
ACM: Kathy DuBose
SUBJECT
Hold a Public Hearing and consider a recommendation from the Citizens Capital Improvement
Advisory Committee and give staff direction.
BACKGROUND
At the July 20, 2004, Council Work Session Meeting, the City Council held a discussion
concerning a February 5, 2005, Capital Improvement Bond Election. The Council instructed
staff to proceed with the process necessary to create a special 50-member Citizens Advisory
Committee. At the August 3, 2004 Council Meeting, each Council Member was asked to
appoint seven (7) citizens to the Advisory Committee. The Committee list is attached
(Attachment A). The entire Council selected Mark Burroughs to chair the Committee. Mr.
Burroughs chose Randy Robinson as co-chair.
The Committee held its first meeting on August 30, 2004. They organized into seven groups to
begin gathering data. The groups appointed their own chairs and met with the following entities:
City Council, Planning and Zoning Commission, Chambers of Commerce, Universities and
DISD, the County Commissioners, citizens, and City staff.
After this information-gathering phase was completed, the Committee reorganized into three
project teams: Community Development, Parks and Recreation, and Transportation. Each Team
presented their teams' recommended projects to the whole Committee. After considering all of
the information, the Committee voted to recommend the attached projects (Attachment B).
The Committee presented their recommendation at the Joint City Council/Planning and Zoning
Commission Public Hearing on October 20, 2004. The Planning and Zoning Commission then
voted to recommend the Committee recommendation to the City Council.
ESTIMATED SCHEDULE OF PROJECT
The Citizens Capital Improvement Advisory Committee is recommending a 5-year Capital
Improvement Program for a February 5, 2005 Bond Election.
FISCAL INFORMATION
See Attachment B.
EXHIBITS
Attachment A
Attachment B
Respectfully submitted:
Kathy DuBose
Assistant City Manager
Attachment A
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
CHAIR: Burroughs, Mark
Ball, Scott
Beasley, Roni
Behrens, Mary
Bell, Robert
Berry, June
Biles, David
Briseno, Luz
Cheek, Bill
Clark, Alma
Collins, Carol
Crabb, Marvin
Culp, Marc
Devinney, Karen
Diebel, Polly
Durrance, Marge
Fuller, Ellen
Gallivan, Phil
Gobble, Pat
Hayden, Gary
Heggins, Charlye
Hill, Fred
Holl, Herbert
Huckabay, Stacy
Huckaby, Richard
Hunt, Robert
Jamail, Maureen
Johnson, Debbie
Johnson, John
Kimble, Dale
Kirkpatrick, Jim
Kruger, Charlice
Kuhn, Jo
Lyke, Patrice Phelan
Martin, Curtis
McDade, Sherri
Mohelnitzky, Jerry
Nelson, Alan
Nelson, Martha Len
Priddy, John
Rivera, Maria
Robinson, Randy
Seligmann, Gus
Sherman, Bob
Siegfried, Jennifer
Smith, Shannon
Vanderlaan, David
Wier, David
Woolfolk, Rick
Young, Phillip
Attachment B - Page 1
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
TIER 1 PROJECTS
COMMUNITY DEVELOPMENT
Funding
PROJECT NAME Requirements
Senior Center Expansion $ 1,800,000
Downtown - Walnut And Pecan Streets $ 1,728,250
South Branch Library Parking $ 68,250
Sub-Total Tier 1 $ 3,596,500
PARKS AND RECREATION
Funding
PROJECT NAME Requirements
Soccer Fields Land Acquisition $ 400,000
Soccer Fields Construction $ 843,750
Soccer Fields Restroom/Concession $ 275,000
Tree Bank $ 250,000
Clear Creek Natural Heritage Center/Parking $ 500,000
Denia Park Circulation Trail/Connection $ 180,000
Civic Center Pool/Water Slide $ 140,625
Fred Moore Park Multipurpose Court $ 84,375
Prairie/Robertson Rail Trail Bridge $ 281,250
Goldfield Tennis Center (3 Lighted Courts) $ 210,937
Mack Park Restroom (1)/Concession/ADA $ 250,000
North Lakes/Restroom/Concession/ADA $ 300,000
Sub-Total Tier 1 $ 3,715,937
TRANSPORTATION
Funding
PROJECT NAME Requirements
US 377 Widening $ 2,000,000
Mayhill Road $ 500,000
Sidewalk Installations $ 1,050,000
Shady Oaks $ 2,554,034
Brinker Road $ 1,000,000
Western Boulevard $ 3,637,029
Hobson Lane I/S Imp.@ FM 1830 & US 377 $ 1,200,000
Runway Extension $ 669,000
Arterial: Mulkey, Mockingbird, Old North, Bonnie Brae $ 2,800,000
Arterial: Teasley, Southridge, Colorado, Malone $ 1,900,000
Miscelaneous Roadways $ 1,000,000
Downtown/South Denton Multimodal $ 2,377,500
Sub-Total Tier 1 $ 20,687,563
ITotal Tier 1 I $ 28,000,000
Attachment B - Page 2
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
TIER 2A PROJECTS
COMMUNITY DEVELOPMENT
Funding
PROJECT NAME Requirements
Downtown - Austin Street $ 892,000
South Branch Library Expansion $ 1,931,750
Sub-Total Tier 2A $ 2,823,750
PARKS AND RECREATION
Funding
PROJECT NAME Requirements
Citywide Park Land Acquisition $ 4,000,000
IOOF Cemetary/Oakwood Fence $ 112,500
Mack Park Restroom (1) $ 250,000
Sub-Total Tier 2A $ 4,362,500
ITotal Tier 2A J $ 7,186,250 J
ITier 1 + Tier 2A J $ 35,186,250 J
Attachment B - Page 3
CITIZENS CAPITAL IMPROVEMENT ADVISORY COMMITTEE
TIER 2B PROJECTS
PARKS AND RECREATION
Funding
PROJECT NAME Requirements
Entry Corridors (Ft. Worth Drive)* $ 624,400
Avondale Park Bridge $ 163,750
Civic Center Pool/Sprayground $ 168,750
Avondale/Civic Center Park Equipment $ 168,750
City Hall Courtyard Renovation $ 84,375
Land Acquisition/Parking Fred Moore Park $ 140,625
Evers Park Baseball Field Improvements $ 343,750
Sub-Total Tier 2B $ 1,694,400
TRANSPORTATION
Funding
PROJECT NAME Requirements
Intersection Signalization* $ 1,412,500
FM 1830* $ 800,000
Residential: Auburn, Gatewood, Oxford Ln., Oaklawn, Mashall, Aspen,
Oakland, Crow, Tulane, Boliver, Jasmine, Live Oak, Northcrest $ 2,800,000
Residential: Augusta, Denison, Kendolph, Santiago, Sun Valley, Piner, Headlee
Rine¥, Northrid~le, Ma~lnolia $ 2,200,000
Sub-Total Tier 2B $ 7,212,500
[Total Tier 2B I $ 8,906,900
[Tier 1 + Tier 2A + Tier 2B I $ 44,093,150 J
*These represent highly critical projects as compared to others within Tier 2B and should be
given special attention.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/ACM/ACM:
November 2ha, 2004
Engineering
Jon Fortune, Assistant City Manager
SUBJECT: SI03-0019: (Mayhill Road Mobility Plan Amendmem)
Hold a public hearing and consider adoption of an ordinance amending the Mobility Plan
Component of The Denton Plan revising the alignment and changing the classification of
Mayhill Road; and providing an effective date. The Planning & Zoning Commission
recommends approval (7-0)
BACKGROUND:
Applicant: City of DeNon
History:
Mayhill Road is a proposed secondary arterial traversing the east side of Denton connecting
Highway 380 with 1-35 East. it has been shown on the City's thoroughfare plan as a secondary
arterial since 1986. It is expected to carry a large amount of the traffic generated by existing and
future development east of Loop 288 as well as by-pass traffic. In Denton, a secondary arterial
typically has an ultimate section of 4 lanes with a median inside a 11 O-foot wide right of way.
During the Lakeview Blvd. amendmem process, a traffic study was performed by innovative
Transportation Solutions (iTS) that determined how many lanes Lakeview Blvd should have as
well as Mayhill Road. The results of the study indicate that Mayhill Road should be six lanes
rather than four lanes. (Study attached)
Two alignmem changes are proposed for Mayhill Road in addition to the classification change.
The adopted Mobility Plan reflects the existing "T" configuration for the intersection of
Mayhill Road and Colorado Blvd. The proposed alignmem would extend Mayhill Road
directly north of the Colorado Blvd intersection, through existing right of way, over the
"Rails to Trails" and curve eastward to meet up with the existing alignment of Mayhill
Road near the Pecan Creek Mobile home community north of Edwards Road. The
existing section of Mayhill Road near the intersection of Edwards Road would remain
and be downgraded to a collector street.
The adopted Mobility Plan shows that Mayhill Road will curve to the west and run imo
Spencer Road. To continue north on Mayhill would require a right turn at Spencer Road.
The proposed alignment would keep Mayhill a direct north/south arterial at Spencer
Road. (The existing "T" imersection configuration would remain.)
-1-
Purpose of a Mobility Plan:
DeMon's mobility plan is a planning tool used to plan capital improvemems, coordinate right of
way needs with pending developmems and is typically based on the expected road capacity
needs in the foreseeable future. It is a broad-brush plan showing generally the location and size
of the proposed roads needed to move traffic effectively given the specified assumptions. The
currem City of DeNon Mobility plan was adopted by the City Council as part of the
Comprehensive Plan. As time progresses and property develops, it is often necessary to review
the assumptions because changes in development trends often cause changes in assumptions.
In amending the mobility plan the focus is on the broad issues as they relate to the surrounding
land uses, general alignments, and expected traffic rather than on details typically worked out
once a general route has been adopted by Council.
RECOMENDATION
1. Staff recommends adoption of the proposed Mobility Plan Amendmem for Mayhill Road
including the two alignmem changes described above and the classification upgrade from
secondary to primary arterial.
2. The Planning & Zoning Commission recommended the Mobility Plan amendmem as
proposed by staff (7-0) at its public hearing on September 8th, 2004.
OPTIONS 1. Recommend Mayhill Road alignmem change as well as the classification change (Staff
recommendation)
2. Recommend only one or both of the Mayhill Road alignmem Changes
3. Recommend only the classification change for Mayhill Road.
4. Recommend no change to the Mobility Plan.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Planning & Zoning Commission recommended the Mobility Plan amendment as proposed
by staff (7-0) at their public hearing on September 8th, 2004.
FISCAL INFORMATION
The only cost involved in amending the mobility plan would be staff time to revise the map. Cost
estimates for the construction of Mayhill Road are attached.
ATTACHMENTS
1. Currem Mobility Plan
2. Proposed Mobility Plan
3. P&Z Minutes 9-8-04
4. Mayhill Cost Estimate
5. Mayhill Road Study
6. Neighborhood Meeting Minutes 8-5-04
7. Neighborhood Meeting Minutes 8-9-04
8. Ordinance
9. Exhibit to Ordinance
-1-
Prepared by:
David Salmon, PE, City Engineer
Respectfully submitted:
Kelly Carpenter, Interim Director
Engineering Department
-1-
DENTON MOBILITY PLAN
R~adway c~mp~nen~
Mayhill Rdi Draa
WAY1 ~ ~ ~
Legend
~~ ~ Colle~or
Amendmenf Date: M~u'~h 4;2004
Cond~nseltTM
1
2
3
4
5
6
7
8
9
10
:11
12
13
14
15
16
17
18
19
20
21
22
23
24
~25
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 29
COMMISSIONER POWELL: 6, public hearings,
hold a public hearing and consider making a recormnendation
to the City Council on the following items:
6A, amendment to file Mobility Plan
component of tile Denton Plan, revising the location and
changing the classification of Mayhili Road. Mr. Salmon.
And I will open the public hearing on this specifically.
MR. SALMON: Good evening, Chair, members
of tile Conunission. We have a Mobility Plan ameuchnent on
the tabIe this evening, specifically regarding Mayhill
Road. If we can turn the docmnent camera on, I have a
copy of the existing Mobility Plan. Mayhill Road is shown
1
2
3
4
5
6
7
8
9
10
11
12
Page 31
regard to Mayhill Road. You know, well, why doesn't the
City build Mayhill Road instead and a lot of other
questions similar to that.
And so because of those types of questions,
the City had Innovative Transportation Solutions, our
transportation consultant, do a traffic study for this
entire area of Denton bounded by Loop 288 and Lakeview
Boulevard, Highway 380, and 1-35 on the south. And I
believe that study or at least portions of that study were
provided in your backup.
To make a long story short, based oa the
existing zoning that is already in place today in the area
highlighted in light green on the existing Mobility Plan.
As most of you are probably familiar, Mayhill Road starts
at 1-35 near the hospital.
It makes a T intersection with Colorado
Boulevard. To continue north, you have to make a hard
r[ght-~'n and then ilmnediately go around a bend to
continue back to file north.
Obviously, Mayhitl Road is not built to a
City standard at this time. Our current, Mobility Plan
indicates that at some point in the future, Mayhill Road
is going to be a four-lane divided boulevard, which is a
secondary arterial. You might also notice on our existing
MobiIity Plan near the area of Spencer Road that Mayhill
13
14
15
16
17
18
19
20
21
22
23
24
25
that I just described, in addition to just the bypass
traffic, Innovative Transportation Solutions deternfined
that if we're going to have an appropriate amount of
capacity, Mayhill Road has to be six lanes and not just
four. So that's really what prompted the Mobility Plan
amenthnent.
With regard to the aligmnent change at
Colorado, the City already has some right-of-way
immediately north of Colorado that we could use if the
road were ever realigned as file way it's being proposed.
A couple of other things that are coming
into play is that there is a very distinct possibility
that the Texas DeparunenI of Transportation may designate
Page 30
Roe& at least as it's currently proposed, would make a
broad curve right into Spencer and back over to the Loop.
And if you wanted to continue north on
Mayhill, you have to make another hard right turn.
Obviously, it isn't that way today. That's simply the way
it's proposed on our current Mobility Plan.
What's being proposed is to upgrade the
classification of Mayhill Road to a primary arterial,
which means that rather than just the four-lane divided
boulevard, the proposal is to some day make it a six-lane
divided boulevard, very similar to Carroll BouIcvard.
A couple of other differences that are
being proposed with this Mobility Plan Amenchnent are,
number one, rather than requiring or continuing to have
thc hard right-turn at Colorado Boulevard is to take it
straight across Colorado, across the Rails to Trails, and
curve it back into Mayhill just north of Pecan Creek
mobile home conununity. And the second alignment change is
to simply continue it straight nortl~ and not curve it back
around toward Loop 288.
lust a little background with regard to the
proposed changes, I'm smc all of you or at least many of
you probably recall all the controversy we had over thc
Lakeview Boulevard mobility change. And during the midst
of that process, there were a lot of questions asked with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 32
Mayhill Road from Highway 1-35 to Highway 380 as Section 6
of Farm to Market 2499. And they're much less likely to
do that if you have to make a hard right-turn at a
signalized intersection or what probably will become a
signalized intersection.
The other -- and just kind of relaled to
that, with Mayhill Road taking a much higher precedence
with regard to the types of zoning that are in this area
and with tile amount of traffic that's being expected, this
type of intersection provides a lot lower capacity than if
we simply provide a cross, a direct cross type
intersection with the curves filet are being proposed.
So those are the reasoas for the mobility
change. Again, we did provide you with the traffic study
indicating that Mayhili Road really ought to be six lanes
rather than four.
Also, I guess I failed to mention that we
did hold two neighborhood meetings prior to this public
hearing this evening. The first meeting, I'm guessing we
probably had somewhere in the neighborhood of 30 to 40
people in attendance. And we took minutes which are
provided in your backup. We took a straw poll at the
meeting. And based on the straw poll during the meeting,
about half file people who attended the meeting were in
favor of this amendment. There were probably five or six
PLANNING AND ZONING MINUTES 9-8-04 Page 29 - Page 32
CondenseltTM
5
6
7
8
9
l0
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
1
2
3
4
5
6
7
8
9
l0
ii
12
13
14
15
i6
17
18
19
20
21
22
23
24
25
Page 33
people in the room that were opposed to this amendment.
And then the other people that were there simply did not
raise their hand and either, for some reason, were neutral
or lind not made up their mind at that point.
Tile second neighborhood meeting only had
maybe about five or six people in attendance. We didn't
take a straw poll with those people. That was probably a
lot more infonnaI and it was really more of a discussion.
In fact, out of that five or six people, I think there
were two of them that had actually attended the first
meeting. So there were really only about four new people.
With that, I guess I'll simply answer any
questions you might have about this proposed amenchncnt.
COMMISSIONER POWELL: Mr. Roy.
COMMISSIONER ROY: [ gllesS the yellow line
is the current Lakevicw Boulevard plan?
MR+ SALMON: ~tight. What was highlighted
over here in yellow is the alignment for Lakeview that was
approved this past spring.
COMMISSIONER ROY: And tile current thinking
of Lakeview Boulevard is a four-lane divided?
MR. SALMON: It's six lanes divided from
1-35 to MclGnney Street. And then from McKinney up to
Highway 380, it would be four lanes.
COMMISSIONER ROY: And that was reinforced
Page 34
or reconfirmed by this recent study?
MR, SALMON: Actually, the study indicated
that Lakeview Boulevard really needed to be six lanes, as
well. Our problem with the north end of Lakeview
Boulevard is that there's already an existing development
with existing homes. And as much as we would like to make
it a six-lane boulevard, I don't think there's any
opportunity to have appropriate right-of-way at that
location. And so it just physically isn't possible.
COMMISSIONER ROY: And one more question,
if McKinney becomes an extension of 2499 -- t mean, excuse
me, if Mayhill beco~nes an extension of 2499, what would
you expect the intersection to look like at 357 Would it
be a grade -- I mean, go under just like it does now or
would it be an overpass or what would you think?
MR. SALMON: NO. It would go underneath
the way it does now. Obviously, when TXDOT rebuilds 1-35
or, if for some reason, they build 2499 first~ you know,
they'll widen the bridge but it will continue to go under.
COMMISSIONER ROY: 7hank you, David.
COMMISSIONER POWELL: MS. Holt.
COMMISSIONER HOLT: David, what is the
timeline on this?
MR. SALMON: The City is going to have a
bond election in February of 2005. From a staff level, we
PLANNING AND ZONING MINUTES 9-8-04
6
7
8
9
I0
12
13
14
15
16
17
18
19
2O
21
22
23
'24
25
5
6
7
8
9
10
I1
12
13
14
15
i6
17
18
19
20
21
22
23
24
25
Page 35
have highly ~ommended that there be some funding for
Mayhill Road, understanding that right now Mayhiil Road
already has 10,000 vehicles a day and it's obviously not
adequate.
So, I mean, I'm guessing we'll have funding
for Mayhill Road in our bond program. That will depend on
how the election turns out and how the City Council
ultimately decides to structure tim ballot and what goes
on.
Assuming we end up with money in our 2005
bond progrmn for Mayhill Road, then, of course, the next
question is in what year of the bond program does that
money get stuck in. If it's in the first year of the bond
program, then we have that money ahnost hmnediately to
start doing the design work and possibly start obtaining
some right-of-way. If that money gets stuck in the 50 or
out, then we're another five years down the road before we
can do anything about it.
So there are a lot of variables. It could
be as simple -- as early as next year or it could be five
years from now. Or if it doesn't end up in the bond
program at all, it could be further out than that.
COMMISSIONER HOLT: Thank you.
COMMISSIONER POWELL: Mr. Watkins,
COMMISSIONER WATKINS: Thank you, Mt'.
Page 36
Chairman. David, Mayhill is basically, at tcast more than
three-fourths or seven-eights, in ils original
configuration, right?
MR. SALMON: COITeCt. Th~r~'s been a few
areas where there's been some improvements. But for the
most part, it's still an old county road.
COMMISSIONERWATKINS: Yes, I believe you
built a bridge or half of it, some amount, which improved
that. But I guess I was thinking back to another zoning
case we had some time ago in the northern part. And all
of it is not in the City limits, is it?
MR. SALMON: In fact, if you look at the
map that's on the docmnent camera right now, the brown
colored areas are areas that are within the county. And
in those areas, the road is half in thc City limits and
half in thc county.
COMMISSIONER WATKINS: SO that won't be any
bother in case we get some money to expand it? I know
there's a good bit on the northern portion, there's a good
bit of probably going to be some drainage engineering, I
guess, Iow places, as it's llke it was in the beginning.
MR. SALMON: Right. I mean, there would
have to be significant drainage improvcanents with the road
design. I mean, it would be paving and drainage ..
improvements. It wouldn't be just a road.
Page 33 - Page 36
CondcnscltTM
1
2
3
4
5
6
7
8
9
10
i1
i2
13
14
15
i6
i7
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 37
COMMISSIONER WATSON: okay. Thank you.
COMMISSIONER POWELL: Mr. Strange.
COMMISSIONER STRANGE: AS IVlr. WeLkins just
mentioned, Mayhill has been closed forever and it's just
reopened. When that bridge was rebuilt, what was the
configuratiou of that bridge?
MR. SALMON: The old bridge was two lanes
wide and I think it only -- I think it flooded in anything
that was mom than about a two-year storm.
COMMISSIONER STRANGE; But the new
construction acco~mnodates --
MR. SALMON: The non, construction
acconunodates a 100-year storm and it is three lanes wide.
So it's one-half of the six lane divided boulevard.
COMMISSIONER STRANGE: It wasn't half of a
four-lane. It's half of a six-lane?
MR. SALMON: COrrect, And that decision
was made not knowing how the outcome of this would be, but
we thought it would be better to go ahead and build the
three-lane bridge rather than have to come back and add a
lane to it later.
COMMISSIONER STRANGE: Thank you.
COMMISSIONER POWELL: Taking a bounce off
of what Ms. Hok asked, let's assmne that it makes the cut
and let's assmne it passes the bond election, I'm speaking
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 39
something, they could simply choose to fund the design
work.
COMMISSIONER POWELL: Based on wh~ we am
here then, it wouldn't be unusual for tho actual
construction to be ten years out?
MR. SALMON: Right. If we ended up with
design money and no construction money, that's exactly
what would happen.
COMMISSIONER POWELL: Thank you very much.
Auy other questions of staff here? Then I've got three
people who have asked to speak. And the first one is Nh'.
Larry Patterson speaking in opposition. And then I'1t ask
Mr. Stout to come down in the on-deck chair and be ready
to speak behind him. Mr. Patterson, if you would give us
your name and address, sir.
MR. PATTERSON: Yes. My name is Larry
Patterson. I have a house at 1058 North Mayhill Road
which is part of this consideration.
COMMISSIONER POWELL: Thank you, sir.
MR. PATTERSON: Good evening. I guess my
question was just I recognize the previous gentleman that
we have not been at the other two public hearings and we
weren't too concerned about it because Mayhill Road does
need to be improved. I've dug a lot of cars out of the
ditch across from my house on MayhilL I'm 80 foot from
Page 38
of. And let's assmne, again, it's the first year. That's
a lot of assmuptions, I understand. But would that be
construction money or would that be design funding and we
would have to go some other bond issue to get construction
money?
MR. SALMON: well, that depends on how much
money is placed in the project. This is an $18 million
road, or $20 million if it's six lanes. And understanding
that historically our bond programs are only about $30
million and tile transportation component is typically
somewhere in the neighborhood of $20 million, it's highly
unlikely that this road will be entirely funded in one
bond program.
It's likely that maybe in this bond program
the City Council and the voters would approve enough money
to get the design work done and maybe start buying some
right-of-way, and thou, hopefully, follow up in a
subsequent bond program with construction money. Or if
there's enough public interest in making, wanting this
project to happen, they could put some construction money
in this bond program, too. I mcan, the Bond Cmmnittce and
ultimately the City Council will have that decision as to
how much money and how much of this road they warn to do
in this bond program. I mean, they could choose to do it
all, which is very unlikely. Or if they wanted to do
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 40
the center of that road. And a four-lane didn't really
worry me but a six-lane is like, you know, am I going to
have a house. That's our homestead and we've been there
for 20 plus years and paid the house off and just
wondering what considerations the City is going to give us
for our house, our homestead. That's our concern and
that's why we're here.
COMMISSIONER POWELL: I understand why
you're here and I understand your questiom And I don't
believe that we can answer that. I'm going to ask either
staff or Legal to give me some direction on how we could
get after that question.
MR. SSV~£e: rteep in miud a mobility plan
is a guideline and the exact routing will be decided based
on engineering and so forth. If it ultimately is
detemfined that the road, the needed right-of-way will go
ttu'ough your property, then the City will have to acquire
it from you and theyql have to pay you fair market value
for it. And if you can't come to an agrecanent, then there
will typically be what we call an eminent domain or
condemnation proceeding.
But that's not the purpose of this tonight.
Now, that's something that wouId be later determined. And
what I suggest you do, if you haven't done so ahv, ady, is
to sit down with the engineers and show them where your
PLANNING AND ZONING MINUTES 9-8-04 Page 37 - Page 40
CondenseltTM
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
6
7
8
9
i0
11
12
13
14
~15
i16
!17
18
19
20
21
22
23
24
25
Page 41
property is, show them where this proposed new alignment
is, and just see how it will impact your property, if any.
That's what I'd suggest you do.
MR. PATTERSON: okay. That would bo the
project engineers ?
MR. SNYDER: The City engineer that -- Mr.
Sahnon, get with him or one of his staff.
m. P^TXeRSON: alt right. Thank you.
COMMISSIONER POWELL: Thank you, sir. Mr.
Stout, you're next, followed by Mr. Robert Donnelly, if
he'd come down and get in the on-deck chair. Please give
us your name and address, sir.
MR. STOUT: My name is Ken Stout. I live
on Mills Road. I understand Mills Road is going to be
upgraded to a four-lane road through there under this same
proposal.
Our main concca'n out them is we realize
that the property -- the road needs traffic to move
tl~ough. The main concern is, is it going to be 50 years
that we're going to have to sit on this property before
the thing is going to sell on any properties through
there. Because if you'll notice, you've got a whole lot
of brown area in there that -- and this, if you were going
to require a six-lane road versus a four-lane, if a
developer wants to develop prior to this 50 years, then
i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 43
And y'all need relief on 288, I'ln sine of
that. And then the little trail you're going to have out
there on Lakeview Boulevard, that is not going to move
people. It will take care of the residents that's in
tbere. This road will actually help the whole northeast
quarter of the whole county in order to get to Dallas from
the area.
So that's basically what we're, I'm
concerned about. And I'm sure anybody that has property,
that owns property in there, their grand,kids may be able
to benefit off of it. But as it sits now, I don't hardly
see how in the world that -- I've got a little property
out there that I'd like to build on but -- the corner of
Mills and Mayhill, it cost about $750,000.00 on five
acres. Now, what can you put in there that would benefit
you $750,000.00? Now, when we give this property away to
the City for cormnunity use, then should we have to pay
taxes on that $750,000.00 that we give away in the
property?
I appreciate y'all listening. I know --
we're real concerned in there and we know it's a big
problem. But we're also concerned about are we going to
pay taxes or our grandkids pay taxes for tile next 50
years. It will probably take 50 to get it built. I tlmnk
you for your time.
Page 42
who's going to pay for fixing it?
If a developer comes in and says, well,
now, we would like to build on it. And the criteria that
says, well, you're going to do this for the City before
you can build on it, then your property may not be worth a
nickel per acre. And it has a great bearing on what can
happen in there. And if you put too much expense on the
developer, then he's going to show you just exactly these
brown things am going to stay exactly how riley have the
past 30 years.
And I don't foresee many developers coming
in and doing this. There is one on the north end of it.
But if that main highway from Dallas comes in, on 24
whatever it is, you're going to bottleneck a lot of people
there on McKinney Street. The City should be lobbying the
State in order to help the school traffic already out
there. The Planning and Zoning Commission in here, y'all
are the ones that allow stuff to go -- listen to the
people that wants to build on these main streets. We're
pretty heavy on traffic already in that area and nobody is
doing nothing about McKinney Street, which the school was
a major thing several years ago and it should have been
upgraded at that time. I understand the State does that.
But the more buildings you put in there, the worse it's
going to get.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 44
COMMISSIONER POWELL: Thank you. Mr.
Donnelly.
MR. DONNELLY: My name is Robert Donnelly.
I live at 3900 Quail Creek Road. David mentioned or you
asked the question, I believe, and David mentioned that it
could be ten years before they even started construction.
COMMISSIONER POWELL: could be.
MR. ~O~rSat~[¥: could be. And I believe, I
may bc wrong, but that construction would also only be a
four-lane road. It's my understanding they are probably
going to build four lanes before they build six. So I'm
curious of a timeline. I've heard as long as 20 years
before they do a six-lane through there. And if it's that
far out, it seems a little early to be changing the plan
that is set up for the four-lane, which I understand
they'll build first and then expand that. So I think
they're just getting a little ahead of themselves to come
out and take this.
My property happens to be whichever one of
these where the new little curve is. And so I'm affected
a lot more than anybody else. It g~es rig/at through my --
I'm not like that gentleman, I don't have to worry about
how close it's going to get, it's the living room. So
four lanes through there -- if you've got six lanes at
Lakcvicw and you've got six lanes at 288, it seems to mc
PLANNING AND ZONING MINUTES 9-8-04 Page 41 - Page 44
1
2
3
4
5
6
7
8
tO
11
t2
13
14
t5
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
[0
Il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Condcnsclt m
Page 45
the only thing that Mayhill would cover would be
And the bottom third of that is the garbage dump so we're
not going to have to develop a lot there. Quit~ a bit of
that above that is ESAs for different reasons, either
upland habitats, creek beds, flood plains. Anybody coming
from tile north and the east wit1 come down Lakeview off
380 as they hit. Anybody coming north will come off 288
so they'll stay on it. I just cannot believe that you
need 18 lanes feeding into six at 35.
That four lanes, whoever did the original
Mobility Plan four or five years ago obviously gave it
some thought and I think four lanes probably for the
foresee, able future would be good now. Twenty years down
1
2
3
4
5
6
7
8
9
[0
11
12
13
Page 47
of developing and how is this going to affect me right
now.
COMMISSIONER POWELL: Thank you, sir.
Would anyone else like to speak to this issue? Seeing
none, then I will close the public hearing and ask Mr.
Salmon if he would like to speak to any of the coimnents
that were made by the public.
MR. SALMON: 'xes, just a few final
comments. Actually, just for tho record there are planned
improvements on McKinney Street. The State has
improvements on McKinney Street scheduled for 2007.
One of the things I failed to mention,
although it is in the backup, is that the existing traffic
the road, maybe so. But I don't see a need to come in
and, as the gentleman from Legal said, start buying land
now, taking the property now if you're not going to use it
for 20 years. I appreciate it. Thank you.
COMMISSIONER POWELL: Thank you, sir.
Would staff like to talk to any of these? First of all,
before we get to that, is there anyone else here that
would like to speak to this issue? If you would come down
and give us your name and address, please.
MR, SLOVACHEK: Good evening, Mr. Chairman,
14
I5
16
17
i8
19
20
21
22
23
on Loop 288, the amount of traffic right now is such that
even when the State finishes widening Loop 288, it will
already be at capacity. So, you know, widening the Loop
really isn't going to help our situation on Mayhill. The
Loop is already filled up even with the widening taken
into account.
One of the reasons that we do these
Mobility Plan amenchnents or even the reason we have a
Mobility Plan is that even though a number of these road,,
on this plan may not be built for a long, long time, this
inelnbers of tile Conunission. My name is Ron Slovachek with
the Prominent Square Land Development, 318A Dallas Drive,
Page 46
Denton, Texas. I was notified of the public meetings and,
unfort~nately, my schedule didn't allow me to make those.
And I see David Sahnon probably every two or tht, ee weeks
24
25
is our tool to try to secure and reserve right-of-way so
that when we do need it, it's there.
Page 48
As Mr. Roy brought up earlier, we really
need to have six lanes on Lakeview Boulevard north of
MeKinney Street. But because of the previous development
when I go to the engineer's office and I probably should
have had a discussion with him. and I will because I need
to find out how this affects me.
I own about 40 acres right there at Audra
and Mayhill with about 2,000 feet of frontage that we're
cmrently developing. We have an approved preliminary
plat that has me giving up about a 50-foot right-of-way
right now. And we are developing the first phase and we
are engineering the second phase and will begin
construction on it in the very near fulure.
I have, of course, several concerns. And
David might be able to answer my questions in a meeting.
But, of course, going from four lanes to six lanes has
substantial impact on my development there when you have
2,000 feet of frontage. I'm concerned that, one, we're
going to give up a lot of property. It's going to change
my development. And if it's going to happen, t guess we
nccd to know now so that our engineering can change. And
speaking of those 10,000 cars a day, I'm probably there
watching about 5,000 of them in about two hours so I know
there is a lot of traffic and I think Mayhill needs to be
improved. But, again, my concerns are we're in the midst
10
I1
12
13
14
15
16
17
I8
19
20
21
22
23
24
25
and because of the proxi~nity of some very expensive and
relatively new houses to the road, we know that we'll
never be able to get that right-of-way.
And so -- and, of course, those houses were
all built based on our previous Mobility Plan. So if we
don't have an accurate Mobility Plan that shows, really
what we need to have, even if it might be 20 or 50 years
down the line, then all it's going to do is allow people
to develop and build in an area and ultimately cause us to
have to spend a lot more money to either buy property or
relocate people in order to build a road that needs to be
there.
As Mr. Snyder indicated, when fl~e City buys
property, you know, we do pay fair market value for it.
And so, you know, whether we're buying 20 feet or an
additional 40 feet, it's fair market value. The problem
is that if we don't start reserving the right-of-way now,
then the cost goes up.
With regard Io Mr. Slovachek, and I'll be
glad to meet with him, bm just for your own information,
I believe he has an approved preliminary plat which means
that his development is vested.
PLANNING AND ZONING MllqUTES 9-8-04 Page 45 - Page 48
CondenseItTM
5
6
7
8
9
10
11
12
13
t4
15
16
l?
la
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Page 49
And so assmning tbat tbat preliminary plat
remains in effect and that he continues to develop based
on that preliminary plat, he will only be required to
dedicate that amount of right-of-way. If, for some
reason, that preliminary plat expires or perhaps either
Mr. Slovachek or somebody who might buy the property later
Page 51
COMMISSIONER WATK[NS: well, so is the
Dallas North Tollway but they say it's going into Sanger.
Thank you.
COMMISSIONER POWELL: Any other questions
of staff?. And I've got one, sir. And if I'm wrong in
this, just tell me where I'm stepping out. My
decides that they want to plat it differently, then any
new standards would apply at that time. But if Mr.
Slovachek decides to continue as has been approved, this
really shouldn't affect him whatsoever because he's
akeady got an approved preliminary plat.
COMMISSIONER POWELL: Any questions of
staff at -- h,h-. Roy?
COMMISSIONER ROY: Wollld yoll coxmuent on the
thought about how the construction would actually take
place --
MR. SALMON: Very often~ I mean,
understanding again we're talking a $20 million road and
we know it won't be built at one time. Ifs very conmmn
to build the outside four lanes and leave an extra wide
median so that you can come in later and build the two
inside lanes. It's easier to do it that way because your
ch'ainage is always on the outside. So even if we only
build a four-lane road at first, we still want to get the
appropriate amount of right-of-way so that when we do come
Page 50
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
understanding of the whole concept of what we're doing
tonight is to establish at least a senti-accurate route
that we're going to build on sooner or later for the
purpose of developers and fl~e purpose of the City and tile
purpose of the general public, knowing where this route
will be and the purpose of it and where it's going to and
from. Is that correct?
MR. SALMON: COITOCt. So that not only the
City, but anyone who wants to develop property can make
appropriate decisions.
COMMISSIONER POWELL: Can make an
intelligent decision based on a sensible route for this
road, rather than tile one that's got 90 degrees on it and
was built or designed that way back in 1900 and something.
I'm exagg~ratlng.
MR. SALMON: Right. It's a planning tool
for both developers and for the City to do planning.
COMMISSIONER POWELL: And actually nothing
can happen if this doesn't happen?
Page 52
in and build, the additional two lanes, we can build them
on the inside and not have to lear out all of the
ch'ainage.
COMMISSIONER ROY: Thank you.
COMMISSIONER POWELL: Mr. Watkins.
COMMISSIONER WATKINS: Thank you, Mr.
Chairman. And, David, you indicated a while ago that
Mayhill might turn into 2499 Farm to Market?
MR. SALMON: That's correct.
COMMISSIONER WATKINS: Out of DFW,
MR. SALMON: Corro-~t,
COMMISSIONER WATKINS: SO it could go
2499 will come into State School Road?
MR. SALMON:
COMMISSIONER WATKINS: And if it goes
straight up, then it would intersect probably the Dallas
North Toll Road after it turns and comes west.
MR. SALMON: well, right now, I mean, the
discussion is -- right now as proposed 2499 would end at
1-35 at State School Road.
COMMISSIONER WATKINS: Right. Right.
MR. S,~LMO~4: And so the discussion right
now that we're having with Denton County and the State is
extending 2499 up to Highway 380. Now, anything further
north than that is really a stretch, I think.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. SALMON: Wei1, you're right. If the
amenchnent does not pass and our Mobility Plan stays the
same, then, you know, we ultimately end up building
Mayhill Road four lanes and we leave it in that old
alignment.
COMMISSIONER POWELL: Thank you very much.
I don't see any other questions of staff. I have already
closed the public hearing, I will call for a motion. Mr.
Watkins apparently has a motion.
COMMISS[ONERWATKINS: Thank you, Mr.
Chairman. I would move approval of si04-0033.
COMMISSIONER POWELL: I have a mot[on to
approve 6A.
COMMISSIONER ROY: There's four options.
Option I is what staff is recormnendlng?
MR. SALMON: Yes. Staff is rcco~mnending
Option 1. Obviously, we've got a nmnber of diff['erent ways
that you could choose to make a recmmnendation, but
staff's recormnendation is Option No. 1, as indicated.
OOMMISS[ONER POWELL: Mr. Watkins, did your
motion include Option No. 17
COMMISSIONER WATKINS: option No. 1, yes,
sir, Mr. Chairman.
COMMISSIONER POWELL; Thank you very much.
Is there a second? is there a second?
PLANNING AND ZONING MINUTES 9-8-04 Page 49 - Page 52
5
6
7
8
9
i0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
i1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CondenseltTM
Ms. Holt.
Page 53
COMMISSIONER ROY: I se..X2olld the motion.
COMMISSIONER POWELL: A second by Mr. Roy.
COMMISSIONER HOLT: I was going to second.
COMMISSIONER POWELL: I have a second by
Mr. Roy and a motion by Mr. Watkins. Any other discussion
on thc motion? Ms. Holt, did you want to discuss
something? Mr. Roy.
COMMISSIONER ROY: The reason I feel that
we should move on this is, as our Chairman had explained
what we're trying to accomplish tonight, and whether it
ends up two lanes or four lanes, I think we can agnm at
this moment with the transportation study that it says it
should be a six-lane road. But I don't think that is the
major piece of thc issue here tonight. It's just getting
a decision and making a decision that developers and
people who live along this mad can begin thinking about
what this means.
So I know there's some concern about
whether it should be four-lane or six-lane, but I think
just looking at it and, especially with the thought about
2499, 2499 makes a lot of sense to move on up to at least
380. So it's just sort of things going in my mind is why
I believe this is a good option.
COMMISSIONER POWELL: Any oilier discussion
Page 54
on this motion? Seeing none, hearing none, I'll call for
a vote. Motion passes 7-0.
1
2
3
4
5
6
7
8
9
10
12
13
14
15
I6
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
I0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 55
Page 56
PLANNING AND ZONING MINUTES 9-8-04 Page 53 - Page 56
Specific Project Phase Cost Summaries
Primary Arterial Section (Only outer four lanes construction)
~egment Cor~str~ction Cost Engineering Right-of-Way Total
Phase 1 $2,746,800 $218,100 $1,269,300 $4,234,200
Edwards to Spencer
Phase 2 $4,658,100 $348,100 $1,627,800 $6,634,000
Spencer to McKinney
Phase 3 $2,833,900 $212,800 $1,695,300 $4,742,000
McKinney to Cypress
Phase 4 $4,380,000 $334,400 $2,076,400 $6,790,800
Cypress to Hwy. 380
Total Project with 4 $14,618,800 $1,113,400 $6,668,800 $22,401,000
Phases
Total Project $12,361,900 $902,800 $6,668,800 $19,933,500
No Phasing
Secondary Arterial Section (Construction and Engineering Costs considered the
same as for the Primar, f Arterial Section)
Segment Construction Cost Engineering Right-of-Way Total
Phase 1 $2,746,800 $218,100 $854,100 $3,819,000
Edwards to Spencer
Phase 2 $4,658,100 $348,100 $1,181,100 $6,187,300
Spencer to McKinney
Phase 3 $2,833,900 $212,800 $1,574,500 $4,621,200
McKinney to Cypress
Phase 4 $4,380,000 $334,400 $1,924,900 $6,639,300
Cypress to Hwy. 380
Total Project with 4 $14,618,800 $1,113,400 $5,534,600 $21,266,800
Phases
Total Project $12,361,900 $902,800 $5,534,600 $18,799,300
No Phasing
6
TRAFFIC IMPACT ANALYSIS
for
MAYHILL ROAD
in
DENTON~ TEXAS
October, 2003
Submitted to:
City of Denton
Prepared for:
City of Denton
Prepared by:
Innovative Transportation Solutions, Inc.
2701 Valley View Lane
Farmers Branch, Texas 75234
Phone: 972-484-2525
Mayhill Road October, 2003
Denton, Texas
Executive Summary
Mayhill Road and Lakeview Boulevard both run in a north-south direction and are located on the
eastern side of the City of Denton. Mayhill Road currently connects US 380 (University Drive)
with IH-35E on the south end of the City. Lakeview Boulevard is proposed to do the same. The
City of Denton has requested that year 2025 traffic projections for Mayhill Road and Lakeview
Boulevard be generated to determine the size of the roads necessary to provide adequate
capacity.
Based on future land uses and zoning, the study area is anticipated to generate 202,866 trips per
day. This assumes that by the year 2025, approximately 40 percent of the undeveloped land will
be built out, which is based on data from NCTCOG. If full development were to occur, the total
trip generation would be 507,165 daily trips. Distribution of the site-generated trips was based
on determining the areas of influence for both Mayhill Road and Lakeview Boulevard and
routing traffic to them accordingly.
With Lake Lewisville bounding the study area on the eastern edge, traffic heading to the east was
routed to the north or south on both Mayhill Road and Lakeview Boulevard, to reach either
Highway 380 or IH-35E (to SH-121 in Lewisville). Traffic heading to the west was assumed to
travel along Mayhill Road or Lakeview Boulevard till reaching a major cross street such as FM
426. Therefore, for roadway sections north of FM 426, the trip distribution was assumed to be
35 percent to the north and 65 percent to the south. For areas south of FM 426 the distribution
was 30 percent to the north and 70 percent to the south.
Estimations for cut through traffic were based on the existing traffic data collected on Mayhill
Road. Based on the data, the current cut through volume was estimated to be 3375 vehicles per
day. To obtain the year 2025 projected cut through traffic, a growth rate of 2 percent per year
was applied, resulting in 5,200 vehicles per day. The 2 percent per year growth rate was
obtained from NCTCOG and is fairly representative of long term growth for this area. Short
term (5 to 10 years) growth rates for this area may approach 4 percent per year.
Total year 2025 projected traffic volumes were based on the combination of background traffic,
cut through traffic, and site generated traffic volumes. For Mayhill Road, year 2025 volume
projections range from 17,125 vehicles per day on the northern end at Highway 380 to 40,032
vehicles per day on the southern end at IH-35E. Year 2025 traffic volumes on Lakeview
Boulevard will range from 15,678 vehicles per day at the north end to 33,370 vehicles per day on
the south end.
Based on the 40 percent development scenario, the recommended roadway cross-section for
Mayhill Road is a 6-lane divided cross-section from Highway 380 to IH-35E. In the interim,
Mayhill Road north of FM 426 could be constructed as a 4-lane divided facility built in the right-
of-way for the 6-lane facility. For Lakeview Boulevard, the recommended cross-section is a 6-
lane divided from to Mills to IH-35E and 4-lane divided (due to right-of way restrictions) north
of Mills to Highway 380. Based on the projected volumes and the recommended cross-sections,
Mayhill Road will operate at a LOS of D or better and Lakeview Boulevard will operate at LOS
of C or better.
Innovative Transportation Solutions, Inc.
-i-
Mayhill Road October, 2003
Denton, Texas
II.
2.1
2.2
2.3
2.4
2.5
III.
3.1
3.2
IV.
Table of Contents
INTRODUCTION ..................................................................................................................
ANALYSIS ............................................................................................................................. 2
Study Area ...................................................................................................................... 2
Traffic Data ..................................................................................................................... 5
Trip Generation ............................................................................................................... 3
Trip Distribution ............................................................................................................. 5
Cut Through Traffic ........................................................................................................ 6
RESULTS ........................................................................................................................... 8
Year 2025 Projections ..................................................................................................... 8
Roadway Sizing .............................................................................................................. 9
CONCLUSIONS AND RECOMMENDATIONS ...........................................................
Innovative Transportation Solutions, Inc.
- ii -
Mayhill Road October, 2003
Denton, Texas
List of Tables
Table 1 - Trip Generation Summary .............................................................................................. 4
Innovative Transportation Solutions, Inc.
- iii -
Mayhill Road October, 2003
Denton, Texas
List of Figures
Figure 1 - Study Area ...................................................................................................................... 2
Figure 2 - Trip Distribution ............................................................................................................ 6
Figure 3 - Year 2025 ADT Volume Projections ............................................................................. 8
Innovative Transportation Solutions, Inc.
- iv -
Mayhill Road October, 2003
Denton, Texas
I. INTRODUCTION
Mayhill Road runs in a north south direction and is located on the eastern side of the City of
Denton. It connects US 380 (University Drive) with IH-35E on the south end of the City. The
City of Denton has requested that traffic projections for Mayhill Road be generated to determine
the ultimate size of the road necessary to provide adequate capacity.
As part of the study, volume projections were also generated for Lakeview Boulevard, which
east of Mayhill Road and is proposed to connect US 380 with IH-35E. The following report
summarizes the methodology behind the projections and the resulting necessary cross-sections
for Mayhill Road and Lakeview Boulevard.
Innovative Transportation Solutions, Inc.
-1 -
Mayhill Road October, 2003
Denton, Texas
II. ANALYSIS
2.1 Study Area
The first step in the analysis was to determine the boundaries of the study area. This was done
by meeting with City staff and discussing the areas of influence for Mayhill Road and Lakeview
Boulevard. Figure 1 below is a map showing the boundary of the study area.
F6gtcr Rd
ECward~ Rd
Figure 1 - Study Area
Innovative Transportation Solutions, Inc.
-2-
Mayhill Road October, 2003
Denton, Texas
2.2 Trip Generation
The first step in the trip generation was to identify areas within the study area that are already
developed. These areas were not included in the trip generation since they are already producing
trips that are reflected in the background traffic data. Floodplain areas were also identified and
eliminated from trip generation. The remaining undeveloped area was divided into blocks based
on future land use and the area of each block was calculated.
For areas with residential/single-family land use, the area of the undeveloped section was
calculated in acres. A unit per acre density was then assigned to that undeveloped section based
on current and anticipated zoning. The number of homes was then determined by multiplying
the acreage by the density. Trips were generated based on the number units. For areas where
multiple densities were present, an average density was assigned. Multi-family residential area
trips were calculated in a manner similar to the single-family areas.
Trips for light industrial areas were generated based on the gross square footage of development.
This was calculated by taking the overall area and assuming that 10 percent was used for
infrastructure. Of the remaining 90 percent, it was assumed that the building area would cover
approximately half of the available space. Therefore, the gross square footage for light industrial
areas was 45 percent of the total square footage of the undeveloped section. The ITE Land Use
Code for light industrial land use trip generation is 110.
For areas with retail use, the building coverage was assumed to range from 20 to 25 percent,
dependent upon the proximity to IH-35E. Therefore, the total square footage of a section was
multiplied by the building coverage percentage to yield the gross leaseable area for retail use trip
generation. The Land Use Code for the generation of retail trips is 820.
Table 1 below is a summary of the trip generation. Based on the table below, the total trip
generation for the study area is 507,165 daily trip ends. This figure assumes that all undeveloped
areas will be built out 100 percent and that none of the trips are internal to the study area.
Based on information from the North Central Texas Council of Governments (NCTCOG), 100
percent development of land by the year 2025 is not probable. Historical data shows that 40
percent build out by 2025 is possible. Combined with the area already developed, year 2025
build out of the study area would range from 50 to 60 percent of the total land area.
Assuming that only 40 percent of the undeveloped area is built out by 2025, the total trip
generation for the area is 202,866 trips per day.
Innovative Transportation Solutions, Inc.
-3 -
Mayhill Road October, 2003
Denton, Texas
Table 1 - Trip Generation Summary
Parcel Land Use Size Density Ind 24-hour Trips
Size (sqft) (acres) Description Units Variable
ID Description Code In Out Total
4 Light Indust 110 9,460,000 217.17 % Coverage 45% 4,257 15,845 15,845 31,689
6 Light Indust 110 7,220,000 165.75 % Coverage 45% 3,249 12,081 12,081 24,162
9 Light Indust 110 10,000,000 229.57 % Coverage 45% 4,500 16,752 16,752 33,504
21 Light Indust 110 400,000 9.18 % Coverage 45% 180 621 621 1,242
23 Light Indust 110 8,522,500 195.65 % Coverage 45% 3,835 14,269 14,269 28,539
8 Multi-Family 221 4,600,000 105.60 Units/Acre 12 1,267 3,440 3,440 6,881
O~lMUltiF~il 6 000 06 4 3i44 6i88
15 Retail/Comm 820 2,090,000 47.98 % Coverage 25% 523 9,869 9,869 19,738
16 Retail/Comm 820 300,000 6.89 % Coverage 25% 75 2,833 2,833 5,665
27 Retail/Comm 820 8,160,000 187.33 % Coverage 20% 1,632 20,527 20,527 41,054
28 Retail/Comm 820 10,040,000 230.49 % Coverage 25% 2,510 27,073 27,073 54,145
29 Retail/Comm 820 5,750,000 132.00 % Coverage 25% 1,438 18,918 18,918 37,837
30 Retail/Comm 820 13,855,000 318.07 % Coverage 25% 3,464 33,302 33,302 66,604
31 Retail/Comm 820 2,450,000 56.24 % Coverage 25% 613 10,931 10,931 21,862
1 Single-Family 210 4,400,000 101.01 Units/Acre 2 202 990 990 1,980
2 Single-Family 210 26,320,000 604.22 Units/Acre 2 1,208 5,132 5,132 10,263
3 Single-Family 210 21,080,000 483.93 Units/Acre 1 484 2,211 2,211 4,422
7 Single-Family 210 37,360,000 857.66 Units/Acre 5 4,288 16,455 16,455 32,911
10 Single-Family 210 4,400,000 101.01 Units/Acre 6 606 2,720 2,720 5,439
11 Single-Family 210 16,680,000 382.92 Units/Acre 4 1,532 6,382 6,382 12,764
12 Single-Family 210 10,350,000 237.60 Units/Acre 4 950 4,114 4,114 8,228
13 Single-Family 210 13,420,000 308.08 Units/Acre 4 1,232 5,225 5,225 10,450
14 Single-Family 210 3,240,000 74.38 Units/Acre 4 298 1,413 1,413 2,827
17 Single-Family 210 1,280,000 29.38 Units/Acre 4 118 601 601 1,203
18 Single-Family 210 4,260,000 97.80 Units/Acre 4 391 1,818 1,818 3,636
19 Single-Family 210 4,575,000 105.03 Units/Acre 6 630 2,819 2,819 5,638
20 Single-Family 210 4,540,000 104.22 Units/Acre 6 625 2,799 2,799 5,598
24 Single-Family 210 8,920,000 204.77 Units/Acre 4 819 3,588 3,588 7,176
25 Single-Family 210 12,490,000 286.73 Units/Acre 4 1,147 4,891 4,891 9,781
26 Single-Family 210 8,197,500 188.19 Units/Acre 4 753 3,320 3,320 6,640
32 Single-Family 210 6,400,000 146.92 Units/Acre 4 588 2,644 2,644 5,288
Innovative Transportation Solutions, Inc.
-4-
Mayhill Road October, 2003
Denton, Texas
2.3 Traffic Data
24-hour traffic volume data was collected along Mayhill Road between FM 426 and Mills Road.
It was not possible to collect data south of McKinney due to the construction project that had
Mayhill Road closed. It is recognized that the presence of this construction zone impacts the 24-
hour count data from the section north of McKinney and result in a reduction of the 24-hour
count totals. A copy of the 24-hour count data can be found in Appendix A.
Based on the collected data, the 24-hour volumes along Mayhill Road, north of FM 426 total
4,564 vehicles. Counts completed in 1999 indicated a 24-hour volume of 7,436 vehicles south of
FM 426. Therefore, it appears that there is a reduction in the number of trips. However, since
the counts are not taken in the same location (one is south of FM 426 and the other is north of
FM 426) it is not possible to determine the actual impact of the construction closure.
The location of the data collection was selected because it is about halfway between Highway
380 and IH-35E. By selection locations in the mid-section of the study area, it is more likely to
pick up vehicles that are passing through the corridor versus local traffic. This is especially the
case for Mayhill Road, due to the limited development within the vicinity of the count. With few
local trip attractors, the majority of the traffic is likely to be cut-through or pass-through traffic.
2.4 Trip Distribution
Because of the large size of the study area, distribution of the site generated trips had to be
examined on a road by road basis. This was accomplished by determining the area of influence
for Mayhill Road and Lakeview Boulevard. The trips that were within the area of influence were
then routed on the individual roadways with a north-south split. Figure 2 below details the trip
distribution north-south splits.
For areas north of FM 426 (McKinney Road), the north-south split is 35 percent to the north 65
percent to the south. For areas south of FM 426, the split was 30 percent to the north and 70
percent to the south. The favoring of the southerly direction is due to the retail development and
the presence of IH-35E.
It was recognized that there is a demand for traffic to go east and west. To the east, Lake
Lewisville presents a boundary that can only be crossed at Highway 380 or SH-121, which is
south of Lake Lewisville. Therefore, trips to and from the east must travel on Mayhill Road or
Lakeview Boulevard to either reach Highway 380, or IH-35E to go south to SH-121.
For trips headed west into Denton, they were assumed to be split among FM 426, Hwy 380 and
IH-35E. However, in an effort to be conservative with the projections, it was assumed the traffic
would have to travel north or south on Mayhill Road and Lakeview Boulevard to reach the east-
west cross streets. Therefore, there is little reduction in the volumes on Lakeview Boulevard and
Mayhill Road due to traffic going to and from the west. Again, this is a more conservative
(worst case) approach.
Innovative Transportation Solutions, Inc.
-5-
Mayhill Road October, 2003
Denton, Texas
Figure 2 - Trip Distribution
Although Loop 288 falls within the study area, it was not included in the capacity analysis for
two reasons. First, the majority of the land within the study area around the Loop is developed.
Second, Loop 288 will be built to its ultimate design and be near or at capacity and therefore will
not carry any of the generated trips.
2.5 Cut Through Traffic
Since both Mayhill Road and Lakeview Boulevard are proposed to connect Highway 380 and
IH-35E, it is likely there will be traffic that uses either roadway as an alternate route to Loop
288. The projected traffic volume for cut through traffic was based on the existing volumes of
Mayhill Road.
Given the relatively low amount of development along Mayhill Road, it was estimated that 75
percent of the current traffic volumes on Mayhill Road (approx 3375 vehicles per day) is due to
cut through traffic. Applying a growth factor (2 percent per year) to that volume yields a
Innovative Transportation Solutions, Inc.
-6-
Mayhill Road October, 2003
Denton, Texas
projected cut through volume of 5200 vehicles per day in the year 2025. Because Lakeview
Boulevard, once completed, will be the first connecting street (from Highway 380 to IH-35E) for
westbound Highway 380 traffic, this projected cut through volume of 5200 vehicles per day was
added on top of the site generated traffic volumes on Lakeview Boulevard.
For Mayhill Road, year 2025 background traffic volumes were determined by applying the 2
percent per year growth factor to existing 24-hour volumes, which are described in section 2.3
above. The estimated background volumes for year 2025 along Mayhill Road are approximately
6950 vehicles per day and includes the year 2025 cut through traffic.
Therefore, both Mayhill Road and Lakeview Boulevard have cut through traffic added on top of
the site generated traffic volumes, which is a more conservative (or worst case) approach to the
estimation of year 2025 total traffic volumes.
Innovative Transportation Solutions, Inc.
-7-
Mayhill Road October, 2003
Denton, Texas
iii. RESULTS
3.1 Year 2025 Projections
The year 2025 Average Daily Traffic (ADT) volumes were derived from the combination of the
trip generation traffic, projected background volumes, and projected cut through traffic volumes.
Figure 3 below contains the traffic volume projections for the year 2025.
ttv~ 380~
17,125
LOS B
23,127
Los B Mills
25,962
LOS B
22,634
LOS B
LOS B
032
LOS D/E
33,370
LOS C
Figure 3 - Year 2025 ADT Volume Projections
Innovative Transportation Solutions, Inc.
-8-
Mayhill Road October, 2003
Denton, Texas
The figure above shows that traffic volumes on both Mayhill Road and Lakeview Boulevard will
increase toward the south. This is due to the demand that results from the presence of retail type
land uses and IH-35E. Also shown are the anticipated levels of service based on NCTCOG
capacity estimates. The recommended cross-sections and LOS rankings are discussed further in
the section below.
For Mayhill Road, traffic volumes will range from approximately 17,000 to over 40,000 vehicles
per day. Volumes for Lakeview Boulevard will range from nearly 15,700 to 33,400 vehicles per
day.
3.2 Roadway Sizing
Based on the projected volumes for the year 2025, it was determined that the northern section of
Mayhill Road (between FM 426 and Highway 380) could be served by a 4-lane divided (4LD)
facility. South of FM 426 to IH-35E, dictate that Mayhill Road requires a 6-lane divided (6LD)
facility. However, given the potential for that area to continue to develop, it is recommended
that the ultimate design of Mayhill Road be a 6-lane divided roadway from Highway 380 to IH-
35E.
In the interim, the northern section of Mayhill Road between FM 426 and Highway 380 can be
built as a 4-lane divided facility. The right-of-way necessary for a 6-lane divided roadway would
already be acquired, but only the 4 outside lanes would be constructed in the interim stage and
the center median would be 24 feet wider than normal. This would allow for future widening to
six lanes, by constructing two additional lanes in the center median, if needed.
Based on the estimated roadway capacities provided by NCTCOG, Mayhill Road should operate
at a level of service of D or better, with the exception of the extreme southern section nearest IH-
35E, which is a border line LOS of D/E. These LOS rankings are based on the 4-lane divided
cross-section for the section north of FM 426 to Highway 380. If a 6-lane cross-section is
constructed north of FM 426, the LOS of the north section would be a B or better. The southern
section (south of FM 426) would retain the same LOS ranking.
Recommended roadway widths for Lakeview Boulevard include an ultimate 6-lane divided
(6LD) cross-section for the roadway south of Mills to IH-35E. North of Mills to Highway 380,
the roadway would have a 4-lane divided (4LD) cross-section due to the limited right-of-way
available.
Based on the analysis, the section of road between Mills Road and FM 426 can be
accommodated by a 4-lane divided facility. However, due to the possibility of the land uses
changing in this area to a denser use that would generate more traffic, acquiring right-of-way for
a 6-lane divided facility would allow for future widening, if needed. As an interim, the road
could be built to a 4-lane divided standard with a wide median.
With the recommended cross-sections in place, Lakeview Boulevard should operate at a level of
service of C or better based on NCTCOG capacity estimates. This assumes the Lakeview is a 4-
Innovative Transportation Solutions, Inc.
-9-
Mayhill Road October, 2003
Denton, Texas
lane divided roadway between FM 426 and Highway 380. If the section between Mills and FM
426 is built to a 6-lane divided standard, LOS ranking for that section would be a LOS of B.
Again, the LOS rankings for the southern section (south of FM 426) would be unaffected. Level
of Service rankings are shown in Figure 3 above.
Innovative Transportation Solutions, Inc.
-10-
Mayhill Road October, 2003
Denton, Texas
IV. CONCLUSIONS AND RECOMMENDATIONS
The following conclusions and recommendations are based on the data and analysis presented
above.
Based on future land uses and zoning, the study area is anticipated to generate 202,866 trips
per day. This assumes that by the year 2025, approximately 40 percent of the undeveloped
land will be built out. With full development, the trip generation totals 507,165 daily trips.
· The distribution of the generated trips favors the southerly direction due to the presence of
retail type land uses and IH-35E at the south end of the study area.
For roadway sections north of FM 426, the trip distribution was 35 percent to the north and
65 percent to the south. For areas south of FM 426 the distribution was 30 percent to the
north and 70 percent to the south.
· Year 2025 projected cut through traffic is estimated at 5,200 vehicles per day and was based
upon existing traffic counts, which are described in Section 2.3.
· Mayhill Road projected volume estimates range from 17,125 vehicles per day on the northern
end at Highway 380 to 40,032 vehicles per day on the southern end at IH-35E.
· Projected traffic volumes on Lakeview Boulevard range from 15,678 vehicles per day at the
north end toward Highway 380 to 33,370 vehicles per day on the south end toward IH-35E.
For Mayhill Road, the recommended roadway cross-section, based on the year 2025
projections shown in Figure 3, is a 6-lane divided (6LD) roadway from Highway 380 to IH-
35E. This would allow for additional development and growth on the northern section. For
the section north of FM 426 to Highway 380, it may only be necessary to build the outside 4
lanes in the interim, leaving room for expansion in the median for the additional two lanes, if
needed.
Based on the NCTCOG capacity estimates, Mayhill Road will operate at a LOS of D or
better, with a borderline LOS of D/E at the southern end. This assumes a 4-lane divided
cross-section between FM 426 and Highway 380. If the 6-lane divided cross-section is in
place for the northern section (north of FM 426), the LOS is raised from a D to a B for the
northern section.
The recommended cross-section for Lakeview Boulevard is a 6-lane divided roadway from
Mills south to IH-35E. Between Mills to Highway 380 Lakeview Boulevard would be a 4-
lane divided (4LD) cross-section due to right-of-way restrictions.
Lakeview Boulevard will operate at LOS of C or better based on NCTCOG capacity
estimates. This assumes a 4-lane divided cross-section between FM 426 and Highway 380.
If the 6-lane divided cross-section is in place between Mills and FM 426, the LOS for that
section improves from a C to a B.
Innovative Transportation Solutions, Inc.
-11 -
Mayhill Road Error! Reference source not found.
Denton, Texas
APPENDIX A
Traffic Count Data
Innovative Transportation Solutions, Inc.
Traffic Data of Texas, Inc. Page 1
413 Bronco Circle Site Cede: 7733-081903
Weather: Clear Shady Shores, TX 76208 Station ID: 7733
Project Name: Denton Mayhill Road Phone & Fax: 940,321.0888 Mayhill Road
Count: 24 Hour- Volume North of McKinney Ave
Comments;
Start
Time
12:00
12:15
12:30
12:45
01:0£
91:15
01:3E
01
02:00
02:15
02:30
02:45
03:00
03:15
03:30
03:45
04:00
04:15
04:30
04:45
05:00
05:15
05'30
05:45
06:00
06~15
06:30
06:45
07:00
07:15
07:30
07:45
08:00
08 15
08.30
08:45
09:00
09 15
09:30
09:45
10:00
10:15
10:30
10:45
11:00
1I:15
11:30
11:45
Peak
Volume
20-Aug-03 Hour Totals Hour Totals Combined Totals
Wed Morning Afternoon Morning Afternoon Morning Afternoon
South Bd
Morning Afternoon
2 23
7 23
3 3O
0 26
5 22
1 2O
2 6O
1 0
2
1 32
7 31
0 0
1 6
4 0
5 1
1 18
3 10
3
6
5
9
9
24 31
23 20
35 35
36 28
40 19
42 21
46 23
51 24
49 24
2O
16
16
21
13
24 12
29 20
21 19
17 13
31 6
19 6
30 10
20 6
32 7
17
45 5
28 6
07:45 04:30
218 158
12 102 19
9 102 10
10 104
11 25
17 122 6
65 130 26
153 103
198 91
79
238
202 66 207
North Bd
Morning Afternoon
2 27
8 19
5 22
4 26
26
5 22
3 49
1 39
0 45
3 53
4 41
1 57
1 64
2
1
1
1
1
3 65
2 53
3 84
6 54
15 63
5
18 28
16 36
24
27
27
19
2O
56 18
52 30
74 20
25 23
12 17
13 17
15 15
15 13
8 18
'9 7
14 14
17 12
8
23 6
26
07:00 03.30
238 456
91 64
100 28
122 22
55
58
72
94 31 196
136! 19 238
196 18 3OO
318 16 343
389! 23 511
234I 91 364
140 232 243
93 436 184
91 409 157
62 146 126
51 158 79
28 194 50
P.H.F. 0.956 0,6~8 0.804 0.755
Total 990 959 783 1832
Percent
Combined
1949 2615
Total
Total 990 959 783 1832
Repod 50.8% 49.2% 29.9% 70 1%
Percent
1773 2791
4564
1773 2791
388% 612%
Mayhill Road Meeting Minutes
DISD Service Center
8-5-04
David Salmon introduced himself, Stephen Cook, Planning, Butch Jones,
Transportation Consultant, and Curtis Martin, DISD. Salmon said Martin didn't
really have a part in the meeting, but was gracious enough to lend their facility to
the City to host the meeting. Salmon explained where the restrooms and water
fountain were located.
Salmon explained the two maps displayed were the City of Denton Mobility Map
and an enlarged map of the proposed changes for Mayhill Road. Everyone
should have received a smaller copy of the map showing the changes for Mayhill
Road.
The City had a traffic study done several months ago when staff was looking at a
route for Lakeview Boulevard. Also studied several other roads such as Mayhill
Road and Loop 288 to try to determine how large these roads would need to be.
Area is undeveloped, but is already zoned. It is just matter of time before it is
developed. Staff wanted to be sure the Mobility Plan would be sufficient for
future growth.
The consultant said Mayhill Road would need six lanes, three in each direction, if
it were going to be able to operate at an acceptable level of service. The present
Mobility Plan shows Mayhill Road to be a four-lane road in the future.
The first step is to change the Mobility Plan to reflect a six-lane road. The City is
planning to hold a bond election in February 2005. Mayhill Road is a high
priority. There could be some money in bond program to begin upgrading
Mayhill Road.
Salmon showed on the map that the Mayhill Road improvements would start at 1-
35 and go to US 380. Mayhill Road runs from 1-35 to Colorado Boulevard and
then makes a hard right and narrows to two lanes the rest of the way to US 380.
The recent construction on the new bridge completed half of it so that Mayhill
Road doesn't have to be closed every time it rains. There has been relatively
little work done on Mayhill Road in the last few years. The traffic study showed
there are about 10,000 vehicles traveling Mayhill Road a day. That is too much
traffic for a two-lane road like Mayhill Road to handle at present, and with the
expected future development, the traffic will only increase. For these reasons,
staff feels like money for Mayhill Road will be included in the next bond program.
At the present time, the City is proposing to change the Mobility Plan to show
Mayhill Road would become a six-lane road instead of a four-lane road. One
exception is near the intersection of Mayhill Road and Colorado Boulevard. Staff
proposes to straighten Mayhill Road to have it go over the creek, and make an
"S" curve to come back to its alignment to eliminate the hard right turn.
Staff realizes Mayhill Road doesn't meet any of its criteria at the present time.
This is more of a planning exercise so when staff is preparing the bond program
or developer's come in to look at the area, there will be some type of plan in
place so staff can show them what future plans are in place for Mayhill Road.
Salmon mentioned that the meeting was being recorded so staff could have
notes and keep track of questions and comments. If no one objected, the
meeting would continue to be recorded.
A question was asked if the road would go over the old railroad tracks. Salmon
said this area is currently part of the Rails-To-Trails path, a bicycle/pedestrian
path. Staff would like to avoid intersecting the railroad track since there is
potential for the tracks to become useable again. Also the topography of this
area is so steep from the intersection at Colorado Boulevard to the other side of
the creek, it almost lends itself naturally to building a bridge over the old rail lines
and returning to grade just north of the creek and railroad.
Someone asked if the Railroad or the City was the owner of the rail track. Cook
said when it was abandoned the agreement said it could only be used as a trail
system, like Rails-To-Trails, or as a commuter transit, like the TRE. Cook said
the Denton County Transportation Authority is studying alternatives for placing a
commuter rail from Dallas through Carrollton and into downtown Denton.
This person also asked how was the City able to close the Rails-To-Trails at
Loop 288, if this was the case. Salmon said he could answer the question.
Salmon said the City had some engineering studies done before the bridge was
removed on Loop 288. TxDOT is preparing to upgrade Loop 288 starting in
December 2005. It will become a six-lane divided roadway. The engineering
study showed it is more expensive to build a six-lane bridge to carry cars over
the railroad than to build a railroad bridge over the highway. In addition, the trail
will be re-routed down to Colorado Blvd where there will be a pedestrian signal.
Salmon said the next question would be why are the two places different. The
topography on Mayhill Road is entirely different from Loop 288. The grade is so
steep on Mayhill Road that in order to bring the roadway downhill and level would
require an extreme amount of fill. Also the more grade crossings put on the
abandoned line, the less likely the City is to ever get a commuter rail. This
person wanted to know why the by-pass for the Loop 288 bridge was built like it
is, since it is causing so much congestion.
Salmon said he would answer the question and then the meeting needed to get
back to Mayhill Road. Denton County, Denton Crossing Developers, and the
City partnered together to build the detour. TxDOT was planning to tear out the
bridge and simply barricade off the Loop so no one could drive on it. Staff felt
this was not a good idea and partnered with the County and Denton Crossing
Developers and built the by-pass. It also allows shoppers more efficient access
to Denton Crossing, which would have been difficult with the bridge still in place.
It was stated that there would be six lanes on Loop 288 and running parallel to
the Loop, six lanes on Mayhill Road. Is that Correct? Salmon said yes.
Salmon gave facts: Loop 288 has about 40,000 vehicles per day. A six-lane
road comfortably carries about 35,000-40,000 per day. When the State finishes
Loop 288 it will already be at capacity. With property to be developed, that
leaves no room for growth. That's the reason staff is already talking about
increasing Mayhill Road and Lakeview Blvd.
Q. How many lanes will Lakeview have?
A. Lakeview will be six lanes from 1-35 to McKinney Street and four lanes from
McKinney Street to University Drive.
Q. Why don't you focus on Lakeview Blvd and put in a road before you even
think about doing Mayhill?
A. Both projects are $20 million projects. There is no way the City could build all
six lanes from beginning to end with one bond program. The last two bond
programs the City has held were about $30 million each. Out of the $30 million,
about $15-$20 million was earmarked for transportation. Bond programs are five
years long. That averages to about $3.5 -$4 million per year for transportation. It
will take a long time to build a $20 million road. Development is already starting
on Mayhill Road.
Q. Didn't Mayhill Road used to run straight into 1-357
A. It curved around to 1-35.
Q. Right-Of-Ways are perpetual so obviously the City has the right-of-way to the
straight shot.
A. Salmon said right-of-ways are perpetual if they are not abandoned, and most
of the old right-of ways have been abandoned.
Q. What about the Cooper Creek Bridge replacement by the State?
A. Cooper Creek Bridge is part of a program TxDOT has to replace bridges that
are not on state roads. Salmon said staff doesn't know the TxDOT schedule for
that bridge replacement.
Q. We need to know what the City and the State are planning. How can you not
know what they are planning to do and still build a six-lane road?
A. The State program will only fund a two-lane bridge and it can only be 50%
longer than the existing bridge. That money will be used for the most part to
bring the bridge up and out of the floodplain so it doesn't have to be closed every
time it rains. The money is used to solve more of a drainage problem instead of
a transportation problem. The money is very limited and it will not provide any
traffic relief.
Q. Well why are they going to build it if it isn't going to provide any traffic relief
when you are talking about a six-lane road?
A. Staff is hoping to be able to incorporate that into the design of our six-lane
road. The entire six lanes will not be built at one time. Probably two to four lanes
will be built first since there is not enough money to build six lanes all at once.
There is more traffic on the south end of Mayhill Road than the north end.
Salmon said his guess would be that the building would start at the south end.
Citizen Comment. Well maybe we need to get some yearly figures and
predictions of what you plan.
Salmon said the City is planning for a bond program for February 2005 and staff
expects there to be some funding for Mayhill Road. Salmon asked Jones if he
had any idea of what was being proposed in terms of funding.
Jones said staff was looking at $28 million for the total bond package and Mayhill
Road was one of the top projects that staff has picked to submit to the bond
committee for funding. The bond committee has the right to do whatever they
want to after we give them our suggestions. The bond committee then gives
their suggestions to the City Council. Jones said it is his understanding that City
Council historically follows what the committee has suggested, but they still have
the right to do whatever they choose. At this point, the staff has made Mayhill
Road one of the top priorities.
Citizen. What year - 2005?
Jones said the project could start in 2005; it would have to be designed first.
Citizen. With how many lanes?
Jones said there wouldn't be any building in 2005. It has to be designed and
right-of-way acquired. It would be at least two years before any construction
starts or maybe longer.
Citizen. How many lanes would be built, or would they reconstruct the present
two lanes?
Salmon said the present two lanes would not be reconstructed. It would be at
least three to four lanes for some distance. No one in the room can tell you if the
bond program will pass or what projects will be on it. However, if the City doesn't
get the Mobility Plan changed and the money does come through, there won't be
a road plan to follow.
Citizen. Look at it from the standpoint of the people in this room. If we, as
landowners, don't have a plan how are we going to know what to do in the next
few years?
Salmon said I don't think I can answer your question. Having a mobility plan in
place is the first step toward giving citizens that answer.
Q. Another Citizen. Given that the City has placed a priority on Mayhill Road for
the 2005 bond program, how much of the $28 million would be allotted for Mayhill
Road?
A. Jones said staff has come up with about twice as much money as staff
thought was going to be available. This includes Transportation, Parks, Police,
Fire, Libraries, and Economic Development. This will be given to the bond
committee and Mayhill Road will be put right on top. Staff cannot tell you how
the bond committee or the City Council will choose to disperse the money.
Salmon said historically, the bond programs have been about $30 million and of
that; about $20 million has been earmarked for Transportation. Salmon said the
entire amount would not be put on one road. It would be spread around to
several projects.
Citizen. How much money would be allotted for Mayhill Road? About $2-3
million, or more like $8-10 million?
A. Jones said if he remember correctly about $8 million with matching funds from
the County and since it could be a farm-to-market road, possibly funds from the
State as well.
Salmon said staff had received some information from Denton County, our
transportation consultants, and TxDOT that TxDOT may be interested in
extending FM 2499 north of 1-35 and using the Mayhill Road alignment to
Highway 380. If TxDOT decides to do that, the City could see some State money
and that would allow Mayhill Road to be funded faster.
Q. Could you enlighten us as to the term transportation? Are we talking about
the bus system?
A. Cook said projects listed under Transportation includes improvements to
capacity, being able to carry more vehicles on a single road, also some projects
to improve signalization, and to reconstruct existing pavement on a lot of the
local roads. Also included are projects to expand the Airport and to assist with
rail transits. As Mr. Jones said, these are staff suggestions that are passed on to
the Bond Committee and then are passed on to City Council. The voters will
have the final decision to pass the bond package or not.
Q. Are there any plans to include money for Loop 288?
A. Cook said Loop 288 already has money associated to it. Salmon said TxDOT
is in the process of completing their schematics and environmental assessment
of Loop 288.
Q. All the way around the Loop?
A. Salmon said no just in the area from US 380 to 1-35. The City and the County
has a little money invested in Loop 288, but we are at the mercy of TxDOT when
it comes to that road.
Q. Can we get back to tonight's agenda?
A. Salmon said that is a good idea. Staff is here tonight to get public opinion and
information out on the street with regards to what the City thinks we should do
with Mayhill Road.
Q. If everything goes like it should, the bonds are approved, right-of-way is
obtained, etc., what is the projected date of completion?
A. Salmon said the City's bond programs are for five years. The bonds are not
sold all at one time, and the projects are broken up into several years. As soon
as the bonds are sold, the City has to begin paying interest on them. Staff
doesn't know which year the Mayhill Road project will be in. Only the Bond
Committee and the City Council will decide this. They put the projects in order.
Assuming the Bond Committee and the City Council agree with staff that Mayhill
Road is a top priority project, it is our guess that they would put some money in
the first year program. This means that staff would begin to negotiate with
property owners for purchase of right-of-way as early as next year.
Q. How many lanes of traffic will be feeding into US 380 eventually? Will it
extend beyond US 380, and how many traffic lights will be at US 380?
A. Salmon said the intersection should remain as it is now. There is a signal at
US 380 and Mayhill Road, and there are no plans to go over or under US 380.
Q. You said there are about 40,000 vehicles per day on Loop 288, correct?
A. Salmon said correct.
Q. Is there a study of how many vehicles go from west to south, making a left
turn from US 380 onto Loop 288?
A. Salmon said that was covered in the traffic study, but he did not have those
figures with him.
This citizen feels the Mayhill Road cut-through is for the betterment of Aubrey,
Pilot Point and the newer developments east of Denton rather than for Denton.
A. Salmon said the traffic studies show that for Mayhill Road, Lakeview
Boulevard, and Loop 288, about 80% of the traffic is site-generated. 20% of the
traffic will be cut-through traffic. In any event, whether it is site generated or cut
through, there needs to be adequate capacity.
Q. Who did that study?
A. Salmon said the study was done by Innovative Transportation Solutions (ITS).
They are one of the premier transportation planning consultants in the Metroplex.
Salmon said the reason for this meeting tonight is to find out what the people
think of making Mayhill Road a six-lane road instead of a four-lane road. It will
be at least a four-lane road in the future, but the City is trying to get the people's
opinions as to making it a six-lane road.
Q. We understand that Mayhill Road will be extended to either a four-lane or a
six-lane road. Are we going to coordinate this so we can get around the city
while it's being constructed?
A. Salmon said he can't answer that question because he doesn't know what
year the construction will be done, or what other construction projects will be
happening at the same time.
Q. Did anybody try to drive down Mayhill Road when the construction was being
done?
A. Salmon said if the new construction does occur on Mayhill Road, at least the
bridge is wider than what it used to be so it would not have to be completely
closed.
Q. (Another Citizen) It seems like there are a lot of flooding issues to be
addressed before the road can be built. When it rains, some people cannot get
out of their houses.
A. Salmon said that is part of the road design. Flooding on Mayhill Road is a
major issue and if there is money for building the road, the flooding will have to
be addressed at the same time. All of the bridges, inlets, cross drainage will
have to be designed for a 100-year storm. Salmon said he didn't have any
concern that once there is money to build Mayhill Road, that there will be any
flooding on the road.
Citizen Comment. I feel like there will have to be an increase in the number of
lanes because as it is now, I do not go shopping or even go in that direction
because of all the traffic. I think the City was wrong to let all the development be
built without having some type of artery to carry the traffic. I think the City should
do some future planning so they don't have to build something and then go back
and tear it up again because it was done wrong.
A. Salmon said the City is trying to accomplish the planning by changing the
Mobility Plan, and increasing Mayhill Road to be able to handle the future traffic.
Citizen. Not to me, I feel like the City should have it all designed and have all the
money to build the entire road before they even start to tear it up.
Another Citizen. And they ought to have Loop 288 finished before they start on
Mayhill Road.
Q. You said only half the bridge is done. Is that the new bridge?
A. Salmon said, yes the bridge is striped for two lanes, but it is wide enough for
three.
Q. Well if the bridge is only three lanes, won't you have to tear it out again if you
build six lanes?
A. Salmon said no, the City figured Mayhill Road might be increased to six lanes
sometime in the future so they built the bridge wide enough for three lanes. If
Mayhill Road does go to six lanes, another bridge will be built beside the present
one with a little space between the two.
Q. What is your guess as to how long it will take to finish Mayhill Road once it is
started? How many years?
A. Salmon said it would take about a year to obtain all of the right-of-way. The
design should start about the same time. It takes about $700,000 to $800,000 to
design an $8 million road. The design work would take about a year to a year
and a half. Let's assume we have $8 million to spend on Mayhill Road and it is in
the first year of the bond program. The election for the bond program is held in
February, and the City usually sells the bonds in April. Once the bonds are sold,
the project could start. At that time, the City would probably hire a design
consultant to begin designing the road and at the same time would start to buy
any right-of-way that we needed to purchase. This is a one and one-half to two
year process. Construction on an $8 million road is probably one and one-half to
two years from beginning to end. From the day we get our money to the day the
first phase is opened will probably be a four-year process.
Q. How many miles of road is that?
A. Salmon said about two to three miles.
Q. Assuming the six-lanes do go through, is the right-of-way bought evenly from
both sides of the road? Also how much right-of-way is needed for that size road?
A. Salmon said typically a six-lane road requires 120 feet of right-of-way total.
Staff prefers to have 135 feet of right-of-way total. That doesn't mean that
amount would necessarily be obtained. Determining which side of the road the
right-of-way comes from is part of the design process. In order to get 120 feet of
right-of-way, chances are that the City would have to buy some buildings along
Mayhill Road. The City would rather spend the money on pavement and
drainage and not on buildings. Staff would try to minimize the amount spent on
land and during the design process would try to take a very close look at
spending the least amount possible while impacting as few buildings as possible.
Q. Is the Planning and Zoning Department taking this into consideration when
giving out permits for new construction?
A. Salmon said part of our development process is when people develop their
property, they are required to dedicate right-of-way, and in a lot of instances, are
required to participate in upgrading the road. The new developers use the
Mobility Plan to determine how much right-of-way they would have to dedicate
and to see what is being planned in terms of new roadways.
Q. There is a new development being built on Mayhill Road right now.
A. Salmon said he assumed we are speaking of the Prominence Square
subdivision on the north end.
Q. That's correct. Nothing is on the west side of Mayhill Road, but there are
things on the east side. Has this been taken into consideration as to what the
City is going to buy?
A. Salmon said yes, that developer has already dedicated additional right-of-way
because of the development of the property.
Q. Where can we find out what has been dedicated?
A. Salmon said it is public information. Anyone can call the Engineering
Department and speak to someone in the Real Estate Division to find out what
right-of-way is already dedicated.
Q. Why is the right-of-way not listed on the website along with the other maps? I
can look at the aerials and see each property owner and find out the history of all
of the land, but the right-of-way is not listed.
A. Salmon said the City has all of the right-of-way records, but they are not listed
on the website.
Citizen. I am very much in favor of Mayhill Road being improved, but I am
concerned about the safety of the road. No one knows the speed limit on Mayhill
Road. If there is not anything much on the west side of the road why isn't the
City looking into buying the right-of-way here.
A. Salmon said the City would be looking at the areas where the least buildings
would have to be disturbed.
Q. Since we have given some set backs when we first developed for a four-lane
road and now the City wants a six-lane road, we would have to give additional
set backs.
A. Salmon said some of the drives may be affected, but the newer buildings
should not be.
Citizen. It doesn't really matter what we say, you guys are going to do what you
want anyway.
A. Salmon said no, the ultimate decision is with the City Council. The purpose of
this meeting is to bring information to the public.
Citizen. Most of us live in the county anyway. We aren't allowed to vote on the
bond election or for the City Council. You vote on what affects our lives.
A. Salmon said it doesn't matter if you live in the city or in the county; the
property owners would be notified of the Planning and Zoning public hearings
and also of the City Council public hearings.
Citizen. Well we are not getting the letters.
Another Citizen. They can't even get the address right.
A. Salmon said anyone that received a notice of this meeting would be notified of
the public hearings. Salmon said the reason staff asked everyone to sign in is so
we can add those people that did not receive letters to our mailing lists, so they
will be notified when the City has public hearings.
Q. If Mayhill Road goes from four lanes to six, how much is it going to cost us in
taxes?
A. Salmon said it depends on the total amount of the bond program. Two of the
past three bond programs were funded without tax increases.
Q. Why doesn't the City develop Lakeview Boulevard instead of making Mayhill
Road the major artery rather than put two of them side by side?
A. Salmon said the City Council had addressed Lakeview Boulevard about six
months ago. It will be six lanes from 1-35 to McKinney Street, and four lanes
from McKinney Street to US 380.
Salmon asked for a show of hands of those who wanted Mayhill Road to be
improved to six lanes. Next, he asked for a show of hands of those who wanted
Mayhill Road improved to four lanes. Salmon said to recap; it looked like about
half the room showed hands in favor of improving Mayhill Road to six lanes.
About five or six people were in favor of improving Mayhill Road to four lanes,
and a number of people did not show their opinion.
Citizen. David, I would like to compliment you for staying calm under duress.
This meeting is about ten years too late, but I'm encouraged someone is finally
addressing the traffic problem in the City. It's going to get worse before it gets
better, but the longer we wait the worse it will get.
Salmon said the meeting had run over an hour and would need to be wrapped up
in about 20 more minutes. There is enough time to take some final questions.
Q. What does the City pay for right-of-way?
A. Salmon said most of the time, the City hires an appraiser and the offer is
based on the appraisal.
Q. Is it based on the square foot?
A. Salmon said sometimes it is based on the square foot. When the City bought
right-of-way on Mayhill a couple of years ago, it was by the square foot.
Q. What was paid for it?
A. Salmon said he didn't remember, but it was expensive. That was the fair
market value based on the appraisal at the time. As a rule of thumb, when the
City buys property for right-of-way that is zoned residential, we usually pay about
$1 to $1.50 per square foot, sometimes $2. This is not buying someone's house,
but frontage right-of-way property. It also depends on where the property is
located. Salmon said the property along 1-35 where the restaurants were
developed recently sold for $11-$12 per square foot for that land.
Q. What if in buying some land, it ended up right at someone's front porch.
Would the City buy the house?
A. Salmon said that is a fair and good question. Sometimes because of the
topography, it ends up very close to the house and the City would either buy the
house or if it weren't close enough to the house to create a hazard, the owner
could be compensated for the damages.
Q. If someone bought some property on Mayhill Road, and the next year the City
decided to buy some right-of-way there, would the City have to pay the person
what they paid for the property or could they pay less?
A. Salmon said the City would hire an appraiser and would make an offer on the
appraised value. If the City cannot buy the property, we do have the right of
eminent domain. This is a process we try not to use because it is a very
expensive process. In some instances the City would pay above fair market
value if we can avoid condemnation because of those costs.
Q. You made a comment about paying for the relocation of utilities along Mayhill
Road. As the road is expanded, would the property owner be responsible for the
utilities?
A. Salmon said anything built in the bond program is paid for with the bond
program. There is no assessment to property owners.
Q. Will the Denton Landfill stay where it is?
A. Salmon said yes. There are a lot of laws and rules applied to the landfill.
There is a buffer zone adjacent to the landfill, between the landfill and Mayhill
Road, and we cannot get into the buffer zone.
Q. How big is the buffer zone?
A. Salmon said he didn't know, but anyone could call the Engineering
Department at 940-349-8910, and ask for Paul Williamson. If he doesn't know,
he can find the answer for you.
Q. Can't the landfill move the buffer zone back?
A. Salmon said unfortunately the buffer zone was prescribed by the State.
Citizen Comment. Well they planted a bunch of trees along it and then came
along and put in a water line and knocked down all the trees and never put them
back.
A. Salmon said the landfill was not his expertise. All he knows is that the buffer
zone was prescribed by the State and we are not supposed to go into it with the
road.
Q. Do we know where the end of the new road will come out?
A. Salmon said the map was just a rough estimate. The road would have to be
designed taking into consideration all of the curves and other constrictions. Staff
would gather all of the topographic information available, apply all of the design
criteria, and the consultants would design the most efficient road based on the
least amount of land the City would have to purchase and how many property
owners would be affected.
Q. Does the City replace the trees it takes out?
A. Salmon said with Mayhill Road having a median, it would be the City's
intention to plant trees in the median.
Q. Speaking of the buffer zone, how far would the road have to go in the direction
away from the buffer zone?
A. Salmon said the road would be three lanes, a median, and three more lanes.
The City would also like to have a five-foot wide sidewalk on both sides of the
road with a little bit of space between the sidewalk and the roadway for safety.
Assuming the sidewalk was next to the buffer zone, there would be a five-foot
sidewalk, a five to six foot space between the sidewalk and the curb, then
another 37 feet for the first three lanes of traffic. The median would be between
15 and 30 feet wide, another 37 feet of pavement, five feet of grass parkway, and
then another five feet of sidewalk.
Salmon said the purpose of this meeting is to get the information out to the public
so when the City Council has their public hearing, they won't have a lot of people
that say they have never heard of this. There is another neighborhood meeting
th
on August 9 , but it will be the same as this one. Once the public meetings are
over, using the information gathered from the public meetings, staff would
probably schedule a public hearing with the Planning and Zoning Commission.
This would probably happen in September or early October. Depending on what
the P&Z Commission does, the issue could be in front of the City Council by late
October or early November.
Q. Would the property owners be notified?
A. Salmon said yes, once again this is the reason for the sign-in sheet tonight.
The city has a legal obligation to notify all property owners that would be
affected. The law also requires that the public hearings be listed in the Denton
Record Chronicle. The property owners have to be notified at least ten days in
advance of a public hearing. Cook verified that ten days were correct. Cook also
said the law requires that we use the addresses on record with the City tax office.
If you didn't get a letter this time, there could be something wrong with the
database that the City received from the County.
Salmon said a road this large is rarely designed without getting public input on
the design. When and if a consulting firm is hired, they would do a rough sketch
showing where all the driveways and the median cuts would be located. There
would be another public meeting similar to this one where the plans would be
posted at the front of the room and staff would get public input on the plans so
that if needed, the plans could be changed. Giving some rules of thumb, by law,
the City has to provide everyone access to their property. Everyone would have
a driveway. Median openings are generally spaced every 400 to 600 feet apart.
This allows the turn lanes to be added without making them too short. Not every
business would have a median opening, but there would be many of them.
Q. When David mentioned the new subdivision earlier, did that property owner
have to set aside half of the 135 feet of easement?
A. Salmon said yes, our development code is set up so that because of an equity
and fairness issue, we can't require someone on one side of a road to dedicate
more than the person on the other side. When a property is developed, the
center of the roadway is used and the owner is required to dedicate half. That
doesn't mean that when the road is designed, it cannot change and the City may
have to buy more right-of-way from the owner.
Q. Several of these roads were designated as corridor roads. How wide are
they?
A. Salmon said these roads are called collector streets. They are typically two-
lanes, but they could be four-lanes but they don't have a median. All the lines
shown in red are six-lane divided roads. The lines in green are four-lane roads.
The roads marked in yellow are future proposed roads, and if a developer wants
to develop in that area, they would be required to dedicate the right-of-way for
the road.
Q. Isn't it true that some of that area is already being developed?
A. Salmon said yes, and we already have some of the right-of-way for that road.
Salmon thanked everyone for coming.
Neighborhood Meeting
August 9th, 2004
Mayhill Street Re-classification Proposal
Staff Present:
David Salmon, City of Denton Engineer
Butch Jones, COD Regional Transportation Coordinator
John Polster, Regional Transportation Consultant
Stephen Cook, Comprehensive Planner
Salmon said the map on your right is the Denton Mobility Plan, and the on the left
is the proposal. Mayhill Road is highlighted in green on both to scale.
This is a planning exercise for a bond election in February 2005. Staff highly
expects there will be money available in the program for Mayhill Road just given
the number of complaints, traffic, etc. Staff wants to insure right-of-way is set up
and design assumptions are complete upon receipt of money from the bond
program.
As a side note, staff went through a series of meetings just like this on Lakeview
Boulevard. In that exercise, it was ultimately determined Mayhill needed to be
six lanes based on the types of zoned development, passenger traffic, and line
up of Lakeview Boulevard. Staff asked Polster to study the eastern roadways in
Denton and the result recommended the Mayhill Street reclassification.
TXDOT is widening Loop 288, construction starting in 2006. It's going to be a six
lane divided roadway. It already carries 40,000 vehicles per day, so the day
TXDOT opens Loop 288; it will be running at capacity. Mayhill Road and
Lakeview Boulevard will need upgraded to handle the additional traffic.
The first part of the proposal is to make Mayhill Road a six-lane roadway. Right-
of-way will have to be purchased.
The second part of the proposal is to take Mayhill straight through at Colorado
Boulevard making a wide sweeping curve back into Mayhill. The City of Denton
owns some right-of-way in this area. For the most part, the mobility plan stays
the same with the exception of widening Mayhill.
Staff is asking for neighborhood input by having this meeting.
Citizen: The question is if you build six lanes, how are you going to obtain
property, widen the roadway to six lanes, and do turn lanes?
Salmon said in terms of purchasing right-of-way staff would begin working on the
road alignment. Of course, the next step would be purchasing the right-of-way in
Page 1 of 8
a negotiating process. Delay occurs when property owners don't want to sell and
the City has to enter a condemnation. At the end of the day, the City will pay the
fair market value based on an appraisal.
The Engineer designing the road will determine which alignment is best. Staff is
aware there are some houses too close to the roadway. The City may have to
buy some buildings.
Citizen: What is the width of a six-lane road? Salmon said according to Denton's
code, it would be 3 twelve feet lanes divided by a 30-foot median and a sidewalk
on either side of the road. The median might be smaller if a situation occurs
where a building gets in the way. Sidewalk and curb may be moved back and
the lanes may be shortened to 11 feet. Staff doesn't like to shorten the lanes, but
will if needed. There are a variety of things the City can do to avoid buying
buildings and too much right-of-way. It's all part of the negotiation process.
Questions have risen about driveways, median openings, etc. Staff has to
provide access to all property, and replace existing driveways. There are cases
where the property owner may have too many driveways. Staff would work with
the property owner to locate driveways according to code whether it requires
shortening and/or lengthening them.
Regarding median openings. Staff normally doesn't recommend building them
less than 400 feet apart. There is a possibility the engineer may line up as many
driveways as possible. Driveways with truck traffic may take a precedent over
residential driveways. Median openings may be located in the same manner.
Once they are designed, staff would have another public meeting for input.
Citizen: Would there always be an opening every 400 feet? Salmon said not
necessarily. That is the minimum staff would recommend depending on where
they are located.
Citizen: Are there any turn lanes? Salmon said that would be determined by
use. Truck traffic would warrant a turn lane where residential property would not.
It would depend on the situation.
Citizen: What about controlled intersections? Salmon said warrant studies
would be done on some of the intersections providing the money was available.
Obviously, there is already control on McKinney. There is less a likely hood of
signal installation at residential neighborhoods. If there is a driveway with a high
amount of traffic, it may warrant a signal. Typically, that's not the case.
Citizen: What about utilities? Salmon said there are a lot of areas along Mayhill
that doesn't have water and sewer. The Utility Department would have to
address whether plans are to extend and/or install utilities along Mayhill. This
bond election is a general fund election available for roads, libraries, parks, and
Page 2 of 8
transportation. Utilities are funded in a different manner based on City charter.
Their funding comes from ratepayers, etc. It could or could not happen. There
might at a minimum be utility crossings.
Citizen: Is it possible to have a new road and not have any utilities? Salmon
said that's right. Butch Jones is working with other City staff to put a bond
program together. Roads are at the top of the list. There could be $20M
available for road improvements in the upcoming bond program.
Citizen: How wide are right of ways for a six-lane roadway? Salmon said can't
go down less than 120 feet. Staff prefers 135 feet.
Citizen: What type of development is expected north of McKinney Street?
Would the development occur prior to the road upgrade? Salmon said the
Development Code requires people who plat and develop infra structure to
participate in upgrades. The amount of participation depends on what the
property is being developed for and the traffic anticipated. Any money coming in
prior to the bond election would be used for the upgrade.
Cook said the Long Range Plan for the City says this area north of McKinney
Street is designated for an employment center type development. It allows
existing uses and also allows the ability to put in light assembly and Iow-end
industrial uses types service oriented businesses. It transitions into a
neighborhood center type center allowing for some retail. The dark areas are
outside the city limits and do not have zoning. The City can only zone within
COD existing boundaries.
Citizen: Would light storage be allowed in the light industrial area? Cook said
yes. There are some limitations such as size. Each zoning has it's own list of
uses allowed.
Citizen: Would truck traffic be allowed? Salmon said that is anticipated, so the
road will be designed to handle light industrial traffic. Cook said the southern end
past McKinney has a mix of truck traffic too - Wal-mart, Lowes, etc. Polster said
delivery truck traffic is to be considered too. Salmon said there are streets on a
designated truck route called out in the ordinance. He is not sure Mayhill is on a
truck route. In order to place a street on a truck route, it would have to go before
City Council. If Mayhill is not on the truck route, there are no intentions to make
it one that he is aware. Trucks will be able to use the road as needed to the
closest points of destination.
Citizen: Hypothetically, if utilities are on the west side of a four-lane roadway
and the roadway goes to six lanes, will the utilities be moved or paved over?
Salmon said staff would look at the best placement of the six lanes. Staff wants
to make the inconvenience and impact as little as possible. Attempts would be to
minimize the impact by not having to buy houses and/or relocate utilities. The
Page 3 of 8
road doesn't necessarily line up on a centerline. It will be determined by the
amount of impact.
Citizen:
property?
Mayhill.
Has any consideration been given to put a road extension onto county
Salmon said right-of-way has been bought to extend Market Street to
Citizen: How far away is Mills road from that proposed road to the north?
Salmon said approximately 1,200 feet plus or minus.
Citizen: Is there any chance to extend Cyprus road to connect with Mills road
through that vacant lot? Salmon said that could be a possibility if a developer
came in with a big development. It's a matter of timing. That alignment change
is not currently part of the Mayhill project.
Citizen: When is the Cyprus project going to begin? Salmon said staff has had
a problem getting the downstream drainage easements. The project is 80%
designed. Once the easements are obtained, staff can moved forward.
Citizen: School traffic congestion and safety is a real issue. There have been
lots of accidents on Mills Road. Cyprus Road would alleviate a lot of school
traffic congestion. Salmon said warrant studies on all these intersections are
planned once the project begins. If any intersection warrants a signal, staff will
try to incorporate it.
Polster said a six-lane roadway is designed with much more safety features than
an urban local roadway especially at the cross sections. Salmon said the
visibility would be much improved.
Citizen: At what point will it be decided to make Mayhill six lanes? Salmon said
the public meetings are the first step. The next meeting will be with the Planning
and Zoning Commission who will recommend to the City Council. It will then go
to City Council, which is also a public forum.
Salmon said the meeting is being recorded so comments from the neighborhood
meetings will go to P&Z and City Council.
Salmon said it would go to Planning and Zoning late September early October
2004. Assuming on how the Planning and Zoning Commission reacts. It will go
to City Council in early October 2004. Staff anticipates all meetings to be
complete by the end of the year.
Citizen: What will be the speed limit? It seems it will be difficult to pull out into
50 mph speeding traffic. Salmon said if it goes to six lanes, it would probably be
a 45 to 50 mph speed limit. Any curves, hills, and anything regarding alignment,
will constitute the speed limit. Once the road is built, a speed study will be
Page 4 of 8
conducted to set the speed limit. Case law says you can't arbitrarily set a speed
limit without a speed study. Once the 85th percentile is determined, the speed
limit will be set within 5 mph.
Citizen: How will well water and septic systems be handled if the roadway
affects them? Salmon said staff would end up somehow providing them those
services at no additional costs to the property owner.
Salmon said there was a question at the other meeting regarding pavement
assessment. The City of Denton does not do pavement assessments. Anything
involved in building the road will be at the City of Denton's expense not the
property owner.
Citizen: If a sewer system is impacted and the property owner has to hook onto
an existing septic line, will the property owner have to pay future septic fees
since they would not if it was a private sewer system? Salmon said the property
owner would be provided service if the road goes over the system in some
fashion.
Polster said all those issues would be negotiated through a hold harmless
process or by eminent domain. Those are damages that will be assessed at the
time of the acquisition. All those things are appropriate.
Citizen: What is hold process? Polster said the City of Denton poses a
settlement. The property owner can say this is how much it's impacting them.
The City may or may not agree. If they do not agree, a court proceeding will
determine the damages. All things will be addressed in the right-of-way process
either the real property or impact to the remainder. The City of Denton is
required by law to utilize this process.
Citizen: Does a house have to be close to the highway to put up a fence for the
noise? Salmon said this is not like Loop 288. These are part of the right-of-way
process. If the road starts getting closer than 25 feet, the property owner would
probably have to be paid damages. Issues like walls, fences, etc will be
addressed in the right-of-way negotiation.
Citizen: It looks like the biggest impact on property would be at the corners of
McKinney and Mayhill. Those buildings are pretty close to the highway. A four-
lane roadway would have less impact on them. Salmon said it is four lanes
undivided now. Ultimately, if it's not decided to go six lanes, Mayhill will have to
be widened but not as much.
Citizen: Will Blagg Road be widened at that point? Salmon said some section
of it but not significantly with the Mayhill project.
Citizen: Some portions of Blagg Road are in the floodplain. Salmon said that's
a good point. Drainage improvements will be part of the roadway improvement.
Page 5 of 8
Salmon said if anyone thinks of questions after the meeting, please feel free to
call.
Citizen: If a developer buys his property, they are required as part of the
development to participate in road improvements. If they wait until after the bond
passes, the bond program would pay it for. Salmon said that's not correct. They
would be obligated if it was within two years of the bond sale. The bond program
is five years long. At the current time, staff doesn't know what year Mayhill would
be. It could end up in one of the outlying years.
Citizen: As a property owner, how do we know when those improvements will
occur? Salmon said if the bond program passes. Staff will know what year those
bonds will be sold. That will be listed on the ballot. Roads will be listed that are
under consideration for improvement. The City of Denton usually sells bonds in
April. Sometimes a bond program is accelerated to four years. All of it is based
on the economy. If the City can't afford to pay interest on the bonds, they won't
sell them.
Citizen: It could be 5 years or 20 years, but it's going to happen. Why don't they
go ahead and include utilities so when the development occurs, all they have to
do is hook onto them. Otherwise, the road is always torn up. Like at the landfill.
Salmon said, he couldn't answer because he wasn't involved with the Landfill
project. Often utility funding follows the general government process. On the
utility side, they don't have to hold a public hearing and can act more quickly.
Sometimes, they have a shorter lead-time to sell bonds. If they know a roadway
is being upgraded, they can follow.
Citizen: It seems more cost effective to do utilities at the same time. Salmon
agreed, but no utility representative was present to address it. There are
discussions at high levels about utilities in this area.
Citizen: Given the best scenario if the bond program goes forward, how long will
it take. Salmon said a project like this cost $20M. This bond program will only
provide $4M to $8M tops for Mayhill, which will only build a portion of the
roadway. The first allotment of money will probably be spent on the south end
because of traffic volume. That's an educated guess, but if something started
happening on McKinney, some of the funds may be directed there to link some of
the cross streets. There is not enough money to build all six lanes at one time.
A decision will have to be made on the most needed location and whether
matching funds would be available from the County.
Jones said participating funds might be available from other entities such as
TXDOT. Salmon said the City might partner with Denton County and or the State
with funding for Highway 2499 connection.
Page 6 of 8
Citizen: How long would it be before something was known? Salmon said the
bond election is in February 2005. The first round of bonds will be sold in April
2005. If Mayhill were chosen in the first year, a design consultant would be hired
to determine the right-of-way needed. It could be late 2005 before property
owners, are contacted.
Polster said, if an FM highway is anticipated and it gets to TXDOT, an
environment assessment has to be done and that takes 24 months. State money
is federal money and when federal money is involved additional requirements are
met. The project just became elongated. Salmon said it's kind of a windfall if
TXDOT gets involved.
Citizen: Does that mean the bond money is lost? Salmon said not necessarily.
Polster said, the way to get the State moving faster on a project is to lower the
cost of the project. This project is estimated to cost $20M. City, County
participation could bring the project down to $10M and you would have a major
highway connecting to two major TXDOT highway systems. You buy it down.
Citizen: If the bond goes through, and you get as much as $4M, do you
concentrate on the south end or the right-of-way? What is the strategy? Salmon
said Butch Jones is involved in the process of putting together the bond package.
Staff will make recommendations a bond committee and the bond committee will
make recommendations to City Council on how the money is utilized and
ultimately it's up to City Council to make the decision.
Polster said if TXDOT is asked to participate and they change Mayhill to an FM
highway, they have their own processes to follow. A project of this size could
take 30 months to go through the approval process. Polster said you don't let the
right-of-way impact a road. They will want an environment assessment for each
property. Other factors of historical nature could also come into the project.
Citizen: What about Loop 288 widening? Polster said money is in place for this
project and it's close to happening. TXDOT is waiting on funding from the City
and County. Teague, Nail, and Perkins are working on the construction design.
Salmon said construction on the project should start in 2006.
Citizen: When is FM 2499 happening? Salmon said it would be a windfall, it's a
possibility that would come first and Mayhill in subsequent bond years.
Obviously, there has been so much development in the south portion of Mayhill,
assuming development continues, the next bond program will possibly follow with
more funding 6 years from now.
Citizen: Is Mayhill at McKinney industrial? Salmon said it's light industrial
development. It's called employment center zoned. Toward the far north end it's
a neighborhood center, which allows some light retail, office, etc.
Page 7 of 8
Citizen: Their property is zoned agriculture. Will the road have any impact on
changing the zoning? Salmon said no. Ultimately, if the property is sold and it's
rezoned because of the road being there, the zoning could change.
Salmon said when public hearings are scheduled for Planning and Zoning and/or
City Council, all property owners are notified again. You must have property
adjacent to the road. There will also be an advertisement in the Denton Record
Chronicle. Letters should be available 2 weeks prior to the meeting. If anyone
has questions after the meeting, please feel free to call.
Page 8 of 8
S:\Our Documents\Ordinances\04hMobility Plan Amendment-Mayhill Road. doc
ORDINANCE NO.
AN ORDINANCE AMENDING THE MOBILITY PLAN COMPONENT OF THE DENTON
PLAN TO REVISE THE ALIGNMENT AND CHANGE THE CLASSIFICATION OF
MAYHILL ROAD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has initiated an amendment to the Mobility Plan component of the
Comprehensive Plan of the City of Denton adopted on December 7, 1999 (the "Mobility Plan")
to revise the aliLmment and change the classification of Mayhill Road, all as more particularly
described and shown on Exhibit "A" attached hereto and made a part hereof by reference (the
"Mobility Plan Amendment"); and
WHEREAS, The Planning and Zoning Commission after conducting a public heating
recommended approval of the Mobility Plan Amendment; and
WHEREAS, the City Council after conducting a public hearing, finds that the Mobility
Plan Amendment is in the public interest;
WHEREAS, the City Council finds that proper notice in compliance with state law and
City ordinances was given for the public hearings; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Mobility Plan Amendment.
SECTION 3. The City staff is directed to change the Mobility Plan map to the Denton
Plan in conformity with the Mobility Plan Amendment. Until such map change is made a copy
of this ordinance shall be attached to the Denton Plan, 1999-2020 showing the Mobility Plan
Amendment.
SECTION 4: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
Exhibit A
Rcsoiuti~m R98 {~65: Dec, 15, I998
Amendmem Date! March 4, 2~R~4
Map Updated March 4, 2fgl4
Legend
W+~ CoIlector
E _ Freeway
Primary Major Alternate
,,==~===~ pdm~ry Major Artedal
seCondary M~jOr Aitem~te
~=~,~ Secondary Maior Arter e
Maintained by TXDOT
1" = 2000'
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
November 2, 2004
Planning & Development Department
Jon Fortune, Assistant City Manager
SUBJECT - CA04-0003, Vetco
Hold a public hearing and consider adoption of an ordinance for Comprehensive Plan
Amendment from 'Existing Neighborhood/Infill Compatibility' to 'Employment Center' land
use designation. The 4.38-acre site is generally located on the west side of Woodrow Lane and
approximately 300 feet north of Morse Street. The property is currently vacant, but platted.
Light manufacturing uses are proposed. The Planning & Zoning Commission recommends
approval, 6-1. (CA04-0003, Vetco, Gincy Thoppil)
BACKGROUND
Applicant: GEES, Inc.
The applicant is requesting a comprehensive plan amendment of approximately 4.38 acres from
'Existing Neighborhood/Infill Compatibility' to 'Employment Center'. The request for a
comprehensive plan amendment is intended to correct a mapping oversight associated with the
development of the land use component of the Denton Plan 1999-2020. Prior to the adoption of
the Development Code on February 20, 2002, the property was zoned light industrial. However,
the property was designated 'Existing Neighborhood/Infill Compatibility' in the Future Land
Use component of the Denton Plan. Upon adoption of the Development Code on February 20,
2002, the property was rezoned to Neighborhood Residential 4 (NR-4) to comply with 'Existing
Neighborhood/Infill Compatibility' future land use designation.
This amendment request coincides with a zoning change request from Neighborhood Residential
4 (NR-4) to Employment Center Commercial (EC-C). The zoning case (Z04-0035) is being
processed concurrently with this comprehensive plan amendment.
Public notification and property owner responses are provided in Attachment 3. As of this
writing, staff has received the following responses from property owners within 200 feet of the
subject site: four 'in favor', three in 'opposition' and two 'neutral'.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval, 6-1 (Commissioner Vicki Holt
opposed).
PRIOR ACTION/REVIEW
The following is a chronology of CA04-0003, commonly known as Vetco.
Application Date - August 17, 2004
P&Z Public Hearing - September 8, 2004
FISCAL INFORMATION
The property is currently vacant, but platted. Future development will require no short-term
public improvements that are the responsibility of the city.
ATTACHMENTS
1. Staff'Analysis
2. Maps
3. Public Notification (Property Owner Notification Map, Property Owner Responses)
4. Site Photo
5. Minutes from the September 8, 2004 Planning and Zoning Commission Meeting
6. Draft Ordinance
Prepared by:
Gincy Thoppil
Planner II
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary of Comprehensive Plan Amendment Request
The applicant is requesting a comprehensive plan amendment of approximately 4.38 acres of
land from 'Existing Neighborhood/Infill Compatibility' to 'Employmem Cemer' land use
designation. In July 2001, the subject property was platted for light industrial uses. At the time
of the adoption of the DeNon Plan on December 7, 1999, the subject property was zoned Light
Industrial (LI). Due to a mapping oversight, the property was designated 'Existing
Neighborhood/Infill Compatibility' in the Future Land Use componem of the DeNon Plan.
Upon adoption of the Developmem Code on February 20, 2002, the property was rezoned to
Neighborhood Residemial 4 (NR-4) to comply with 'Existing Neighborhood/Infill
Compatibility' future land use designation.
Existing Condition of Property
The property is currently vacant, but platted.
Property History.
July 27, 2001 - Final plat approved for three lots, two were non-residential lots (the subject site
being a portion of the northern lot), and the third lot as open space. The property was zoned
Light Industrial (LI) and the proposed use was also Light Industrial.
December 7, 1999 - The subject property was placed into the 'Existing Neighborhood/Infill
Compatibility' land use designation.
February 20, 2002 - The subject property was rezoned to the Neighborhood Residential 4 (NR-
4) zoning district.
Adjacent land use:
North & West: Existing Neighborhood/Infill Compatibility
South: Employment Center
East: Community Mixed Use and Employmem Cemer
Adjacent zoning:
North & West: Neighborhood Residemial 4 (NR-4)
South: Employmem Cemer Industrial (EC-I)
East: Community Mixed Use Employmem (CM-E) and Employmem Cemer Commercial (EC-C)
Comprehensive Plan Analysis
With the proposed comprehensive plan amendmem, the subject site would be located within the
"Employment Center" future land use area. This is an industrial land-use classification
imended to provide locations for a variety of workplaces, including light manufacturing uses,
research and development activities, corporate facilities, offices, and institutions. Employment
centers are also intended to accommodate secondary uses that complement or support the
primary workplace uses, such as hotels, restaurams, convenience shopping, and child-care.
Adequate public facilities shall be a criterion by which zoning is grained.
Staff Findings
The Comprehensive Plan Amendment from 'Existing Neighborhood/Infill Compatibility'
future land use to 'Employment Center' will correct the mapping oversight and allow the
site to be rezoned to Employment Center Commercial (EC-C), which is compatible with
the proposed light industrial use.
2. The proposed amendment is compatible with the surrounding land uses identified in the
Comprehensive Plan Land Use Map.
o
Per findings 1 and 2, the proposed amendment from Existing Neighborhood/Infill
Compatibility to Employment Center is consistent with The Denton Plan land use goals
and principles.
Staff Recommendation
Based on the above findings, staff recommends approval of the requested comprehensive plan
amendment.
ATTACHMENT 2
Maps
NORTH
Location Map
Existing Land Use Map
Proposed Land Use Map ~ ~k
Scale: None NORTH
Zoning Map
NORTH
E~C
Scale: None
ATTACHMENT 3
Public Notification
Notification Map
NORTH
The above map reflects the whole 8.62 acres of site, since the notifications for both Comprehensive Plan Amendment
and Zoning Change cases was the same.
Public Notification Date:
200' Legal Notices* sent via Certified Mail:
500' Courtesy Notices* sent via 1st Class Mail:
Number of responses to 200' Legal Notice
· In Opposition: 3
· In Favor: 4
· Neutral: 2
8/26/04
17
70
Percent of land within 200' in opposition: 0.013 %
Scale: None
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 3 (contd.)
200' PROPERTY OWNER RESPONSES
Property Owner & Address
Michael Herman
723 S. Woodrow Ln
Support / Neutral /
Oppose
Support
Comments
"Go for it - It would help our property
values on Woodrow"
George Reaves Support None
429 Magnolia
Karen Fry Support None
923 Woodrow
E.L. Fry Support None
801 Woodrow Lane
Shirley Hendley Neutral None
1710 Morse Street
Jane Provo Neutral None
1500,1504,1508 Morse Street
Carolyn S. Phillips Opposed See attached letter
901 Baldwin
Craig Fisher Opposed "because I believe the new zoning would be
1700 Morse & 921 Baldwin contrary and non-compatible to the existing
single family housing in the area.
Sheilah L. Bell Opposed None
1706 Morse St
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm, Denton, TX - 76201
~'. ~, Attached Letter - Response from 200' owner
COMMEN'I~S:
My husband Brace and I oppose the zoning change request & thc proposed development
for the entire sim at the corner of Woodrow & Morse. Though a service
stafionlconvenience store provide nmded services to the public and would be convenient
m the elderly and others in the area, it is non-suitable for that location, The fo[lowing am
reasons why we oppose:
Too intmsi've to long-time single family residents on Morse Street,
2, A ser¥ice statiordgas station on the comer would produce more no~se~ traffic, and
lighting m nearby residents.
3~ A school~cro~sing guard is now posted at the comer of Woodrow & Morse where
elementary school children from other amos need to cross (since the new school role that
children within certain footage cannot ride the bus, This would most assuredly present a
problem with the yotmg children, riding their bikes (unsupervised) to the store instead of
tlm few minutes home,
4. Would pre,sent an even more dangerous situation for young ch~ldrea~ Just as the sto~
would be convenient for quick shopping, it is also located un¢omforta'bly near a homeless
shelter a~d wtmld attract undesirable personalities to hang out and present fu~her
problems as far as child safety gees.
5, We am uncomfortable with the way the entire site (huge chunk of land) would be
re. zoned and domant for accommodating light industrial and offices. Could start the
unwanted trend of' metal buildings, more cor~gested warm bodics~ noise and other
infusions.
6. The recent zoning change overhaul was to have taken cam of helping to "protect"
neighborhoods. This would not do thru.
7. Re-zoning anything more congested than it already has to be is a bad idea~ and one
that ~ts a trend for more to follow.
8. Southeast Denton has long k~en a dumping ground for "anything goes" zoning near
resi~ntial neighbom. Approving this zoning request would prove to residents that
nothing has changed even after the zoning overhaul.
10
Site
ATTACHMENT 4
Public Hearing Sign posted)
FROM THE CORNER OF WOODROW LANE AND MORSE STREET
AERIAL IMAGE
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
I
2
3
4
5
6
7
8
9
l0
11
12
;13
14
15
16
17
18
19
20
21
22
23
24
25
Condens¢ItTM
Page 57
COMMISSIONER POWELL: t will open the
public hearings for both 6B and 6C since they're for the
same property. It's Comprehensive Plan amenthnent and a
rezoning of Existing Neighbhorhood -- I'm sorry,
Comprehensive Plan amendment from Existing
Nelghborhood/Infill Compatibility ~o Employment Center,
and a rezoning from Neighborhood ResidenfiaI 4 and
Employment Center Industrial to Employment Center
Conunercial. An 8.62 acre site is generally locatr~cl on the
northwest corner of Morse Street and Woodrow Lane. Yes,
ma'am.
MS. THOPPIL: Good evening, respected
Chair, mmnbers of the Conmfission, and ali present here.
My name is Gincy Thoppil, a planner in the Planning and
Development Department. To the case, ¢^o4-o0o3, commonly
known as Vetco, the applicant is requesting for a
Comprel~ensive Plan mnendment. As Mr. Bob Powell already
said, it coincides with a zoning change request.
The 4.75 acre site, ifs a part of Lot 2 of
the Woodrow Addition, which is generally located on tho
west side of Woodrow Lane and approximately 300 feet north
of Morse Lane.
The request is intended to rectify the
future land use map of the Comprehensive Plan adopted in
December 1999. At the thne, due to a mapping oversight,
Page 58
the subject site was placed in existing land use infill
compatibility centers, land use category, even though it
was zoned [~, that is Light Industrial.
This most likely occurred because the flood
plain obscured this portion of the lot on the map. hi
the year 200i, it was platted for Light Manufacturing
uses. Later on wifl~ the adoption of the Denton
Development Code in February 2002, the subject property
was rezoned to Neighbhorhood Residential 4, NR-4 district.
So now the future land use nor thc zoning of the site is
consistent with the prOPosed usc of light manufacturing.
To address the stated policy that both the
zoning and the land use categories are compatible, file
first step would be Comprehensive Plan amenthnent from
Existing Neighbhorhood/Infill Compatibility Centers to the
proposed Employment Centers, which will bring it in
compliance with the proposed use that was at the time of
platting.
About public responses to the notification,
the 200 feet boundary and the 500 feet boundary, staff
received four in favor of this amenchnent, two neutral, and
three opposition responses. This is an aerial and a few
site photographs. As you sec it is largely undeveloped
but platted. With this, I conclude the p~esentation for
the Comprehensive Plan amenchncnt.
6
7
8
9
10
11
12
13
14
15
I6
17
18
19
20
21
22
23
24
25
i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Page 59
Two, let me continue with file zoning change
request. To the case, Z04-0032, the applicant is
requesting for a zoning change for the 8.62 acre si~e. tt
has the Lot I and Lot 2 of the Woodrow Addition, which is
generally located at the northwest comer of Woodrow Lane
and Morse Street. Even though the subject site was zoned
Light Industrial and platled for light manufacturing
purposes, a part of Lot 2~ about 4.75 acres, was rezoned
to Neighborhood Residential 4 and to comply with its
existing land use designation. The remaining portion of
Lot 2 and the one acre lot south of it, Lot 1, are zoned
as Employment Center Industrial.
The proposed zoning change to Employment
Center Coaunercial will bring the property in cmnpliance
with the future land use designation Employment Centers,
if it's approved by the Cmmnission.
Emplo3anent Center Cormnercial zoning
district allows for gas sales, convenience store, as well
as light manufacturing, some of the proposed uses by the
owner. By retaining the NR-4 district, Neighborhood
Residential 4 district on Lot 3, its open space
designation, as in the platting, in the final plat, would
be likely to remain as open space and it wilt act as a
buffer between the existing uses, residential uses behind
it and the light manufacturing that would come in the
Page 60
proposed site, subject site.
Again, the public responses is the same;
four in favor, two neutral, and three opposition. With
this, I conclude the presentation. Any questions?
COMMISSIONER POWELL: Any questions of
staff?. Mr. Roy.
COMMISSIONER ROY: would you go back to the
few slides back, it showed I think it was Lot 3. Right
there. That Lot 3 that's in NR-4, isn't that in the flood
plain7
MS. THOPPIL: Yes, it is.
COMMISSIONER ROY: And the site weYe
looking at is not in the flood plain; is that correct?
MS. THOPPIL: A part of it is in the flood
plain, the other part is not. And that might l~e the
reason that it was designated in the first place in 1999
as Existing Land Use and Infill Capatabit[ty.
COMMISSIONER ROY: And that entire site, as
far as you know, is owned by the same fima?
MS. THOPPIL: Yes.
COMMISSIONER ROY: SO We were presented a
case, I'm going to say within the last year, for the
comer lot, Lot 1 and it seemed like a little bit more.
Did we rezone that within the last year or so?
MS. IHO?PIL: I th~nk it was done, in 2002
PLANNING AND ZONING MINUTES 9-8-04 Page 57 - Page 60
CondenseItTM
5
6
7
8
9
10
11
12
'13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 61
it was zoned as EC-I.
COMMISSIONER ROY: I can remember driving
out there and looking at the beautiful trees on that lot
and I remember a case in front of us, at least I think I
did, I'm sure I did. We had some case. I'm trying to
understand what we agreed and understood about that lot.
MR. REICHHART: We rezoned that lot in 2001
prior to the adoption of the Development Code. It was
rezoned to the Industrial. And at that time I believe
there were conditions about leaving some of the trees
because there were some very large oaks on there. But it
was about two and a half, three years ago that we did
that. It was just before the adoption of the Development
Code, quite honestly.
COMMISSIONER ROY: okay. Thank you.
COMMISSIONER POWELL: Any other questions
of staff here? Seeing no questions of staff, thank you,
at least for now. I'll ask if there's anybody in the
public here that would like to speak to this issue, for,
against, or on the issue? I have one speaker. Please
come down and give us your nmne and address.
MS. PHILLIPS: TO the Commissioners, my
name is Carolyn Phillips. I reside at 901 Baldwin. I
don't see it up there anymore but I'm on the comer lot in
the 200 foot area of this proposed site. And I have seen
Page 62
1
2
3
5
6
7
8
9
10
Il
12
13
14
15
I6
I7
18
19
20
21
22
23
24
25
Page 63
income children. Some of them go home. walk ho,ne, ride
their bicycles. And we have this you must not ride the
bus if you live within 200 feet.
The point is it seems that the reason why
you zoned it lightly before was probably because of the
school and the children's safety is a big, big issue for
us. Not only that, but it sets a precedence, as we all
know, for metal buildings or any other kind of buildings
that would acconunodate Light Industrial to come, just
march right on up in that. We're sort of putting the baby
in with the bath water, that would set a precedence and it
would come on up to Baldwin, the site where I live and
where other elderly seniors live.
The intrusive light, there's no light at
that comer, the traffic, and all of these things, I
believe that that's just another way for the fabric of an
already tEreatened neighborhood to be intruded upon ~nore
with the same thing that's on Woodrow Lane. So I thought
I would come out and speak against that and I know that
there are others against that.
And if I could know about the percentages
and what percentage of the property owners within 500
feet.
COMMISSIONER POWELL: we'll see if that's
available.
Page 64
tlie zonings come forth on this particular site. I, too,
have seen it come fortli several times. I'd like to give a
little quick brief history of it.
Much of the 200 foot area is on Woodrow
Lane where there are no -- nothing, where there's nothing
built. The time people in opposition, I believe, based
upon what [ saw, were within the 200 foot arm. I didn't
hear the percentage of those in opposition and I didn't
hear how many were witliin 500 feet, so I would like to
know that if I could.
But my husband, Bruce, and I am on that
corner and I know I've talked to other property owners
right across from this site, and we are in opposition of
that. We know that a gas station and a convenience
station are good entities but we believe that, first of
all, that street has been used as a thoroughfare to the
mall, to McKinney, and everywhere else it seems in town.
It's really busy. We have a lot of elderly people that
live on the street. Also, we have an elementary school in
the area. And rig/it up on the corner of where the
proposed gas station is to go, there is a school crossing
guard that stands there every morning and in thc
afternoon. And it's very close to Thomas Rivera
Elementary School. We feel that it would pose a problem
with clcanentary in the neighborhood where there are lower
1
2
3 I'm told,
4
5 of that is
6
7
8 question.
9
MS. PHILLIPS: Okay. Thank you very much.
COMMISSIONER POWELL: It'S on the screen,
.013 percent in opposition.
MS. PHILLIPS: okay. All right. And all
in 200 feet, that's what I wanted to know.
COMMISSIONER POWELL: Yes.
COMMISSIONER ROY: Mr. Chainuan, I have a
COMMISSIONER POWELL: Mr. Roy has got a
10
11
12
13
14
15
16
17
18
19
20
2i
22
23
24
25
question for you.
COMMISSIONER ROY: MS. Phillips, you're in
one of the red houses there; is that correct?
MS. PHILLIPS: ACtually, I'm on the comer
of Baldwin and Morse, the very comer.
COMMISSIONER ROY: Okay. So you're very
close to this site. What would you --
MS. PHILLIPS: shouting close.
COMMISSIONER ROY: Considering everything
that's in that area, I was just there the other day, I had
a motor to be rewound at that green site over there, and
I'm familiar with the area, what do you visualize to be
the optimum use for that property if it's not Light
Industrial?
MS. PHILLIPS: well, actually, I think that
would be a great area for even duplexes. You know, we
PLANNING AND ZONING MINUTES 9-8-04
14
Page 61 - Page 64
CondcnscltTM
1
2
3
4
5
6
7
8
9
1o
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 65
have often said that multi-family in the wrong place is
wrong. Duplexes wouldn't be bad. I dontt know if that
would accmmnodate duplexes. I think anything since it
would be close to the single-family and it would be
compatible with single-family, the compatibility of the
single-family and the presentation was made to the rear.
What we are forgetting is that across the
street, all up and down that road across the street,
there's this single-family except for on the comer. So I
believe anything that would accmmnodate families living
would be something real good, and not Light Industrial
that would make more noise, more light, and more traffic,
more curb cuts, and you name it. That's what I believe
and I believe that would save the trees more than anything
else.
COMMISSIONER ROY: Thank you.
MS. ?HILLIPS: Thank you.
COMMISSIONER POWELL: Thank you, ma'am.
Seeing no other interest to speak to this issue, I will
close the public hearing and ask staff if you would have
anything else to say.
MS. THO?PIL: The property opposite Baldwin
right now is zoned as EC-i, both the Lot 1 and Lot 2 have
their half portion which is right across Morse, is Ec-I.
EC-I is actually a more intense use than the proposed
Page 66
ec-c. Just wanted to let you know that.
COMMISSIONER POWELL: Thank you very much.
Any questions of staff?. Mr. Roy has got a question.
COMMISSIONER ROY: Yes. Can you give a few
examples of what you just said, a few examples of how Ec4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Page 67
zoning that would go with this property.
MR. REICHHART: I don't recall what the
restrictions were, quite honestly, but when the property
was zoned EC-I, those restrictions went away. There are
no restrictions on this property now.
COMMISSIONER STRANGE: And l~y
understanding, which I think is right, is we still have no
tree ordinance?
MR. REICHHART: That is correct. It's
scheduled for September 21 st to go to Council.
COMMISSIONER STRANGE: But if' it should not
pass or should have a delay, then if anything would move
forward on this property, there would be no protection for
those trees?
MR. REICHHART: That's correct. And as the
property is already platted, I don't believe the tree
preservation ordinance would even be effective.
platted.
platted.
COMMISSIONER STRANGE: It's already
MR. REICHHART: The property has been
MS. THOPPIL: July 2001.
COMMISSIONER STRANGE: The entire property?
MS. THOPPIL: Yes. And that's when the Lot
3 was designated as open space in the final plat.
Page 68
is more intense zoning than what we're considering
tonight? What would be some things that could go in EC-t
that could not go in EC-C?
MS, THOPPIL: In the staff lC-port I have
attached a colmnn, the comparison in tile industrial land
uses, as well as the commercial land uses of Ec-I and
Ec-c. what comes directly to my eyes is distribution
center which is permitted in EC-I but it is not permitted
in EC-C. construction materiaI sales which is permitted
in EC-I and not permitted in nc-c. Almost all the other
uses are the same for both of them. These are two major
ones that I can see.
COMMISSIONER POWELL: Mr. Strange has got a
question followed by Mr. Watkins.
COMMISSIONER STRANGE: I just want to get a
clarification, if I can, from staff. There wa~ a comment
made that there was zoning granted for this property in
the past that contained restrictions about the protection
of large oaks. And I want to know what those restrictions
were and if those will carry forward and apply to any new
6
7
8
9
10
11
12
13
14
15
16
17
18
~9
20
21
22
23
24
25
COMMISSIONER STRANGE: okay. All right.
Thank you.
COMMISSIONER POWELL: Mr. Watkins followed
by Dr. Thibodeaux.
COMMISSIONER WATKINS: Thank you, Mt'.
Chairman. On the screen now I have a medimu blue EC-t.
And as I go toward the bottom of the screen, is that color
indicative of the zoning7 The buildings that are there
now, presently, yeah, where your arrow is.
MS. THOPPIL: YeS, it's all in file stone
zoning, EC-I, Employment Center Industrial.
COMMISSlONERWATK[NS: okay. So you want
to roll it -- or they want to roll it further north and
also roll it around rite corner on Morse Street, because
those arc just one lot deep.
MS. THOPPIL: I did not get your question,
please.
COMMISSIONER WATK[NS: okay. We want to
roll it on around on Morse Street? Those same buildings
could be around on Morse Street across from these
residences, right7
MR. RnICma~R~: ~hey already could be. The
property is already -- the property fronting Morse is
akeady Ec-t. ?he applicant is proposing to push it back
into the site more toward the flood plain. That was zoned
PLANNING AND ZONING MINUTES 9-8-04 Page 65 - Page 68
CondcnscltTM
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
4
5
6
7
8
9
10
11
12
t3
14
15
16
17
18
19
20
21
22
23
24
25
Page 69
Industrial prior to the adoption of the Code, and take it
to EOC which is more of a coimnercial-oriented zoning
district than the heavier -- it's Light Industrial use
along Morse. So it's already, the property along Morse,
it already allows for the same development.
And reme~uber, none of those, I don't
believe there's any of those structures that were built
under the new Code. It's similar uses but I don't know if
they'd all look the same.
COMMISSIONER WATKINS: Yes. Yes. Thank
you.
COMMISSIONER POWELL: Dr. Thibodeaux.
COMMISSIONER THIBODEAUX: Am ! cor~x~t that
all of thc property owners that voted in favor of this
proposal were on the east side of Woo&ow?
MS. THOPPIL: YeS,
COMMISSIONER THIBODEAUX: And all that were
agalnsI it were on the west side?
MS. THOPP[L: on the SOBth side,
COMMiSSiONER THIBODEAUX: On t,]le SOllth side
of that property. Can you tell me the current use of the
property for those that voted in favor of this?
MS. THorI'IL: tn favor? This is the aerial
that we see and they are mostly Employment Center based.
COMMISSIONER THIBODEAUX: WOO&OW divides,
5
6
7
8
9
10
11
12
13
14
15
I6
17
18
19
20
21
22
23
24
25
Page 71
MR. REICHHART: It'S already platmd and
it's already zoned for -- I mean, prior to the adoption of
tile Development Code, it was Industrial. Tile entire site
that we're looking at right now was Industrial. Even the
norfll part across the creek that was open space was
Industrial. They've designated that as open space. And
you can't get to it. There's very little use for it. And
that's what the zoning was prior to the adoption of the
Code. It was Light Industrial. So, I mean, what we would
have to do is make it more iike the single-family zoning
around it or the duplex that was mentioned or some other
[1se,
COMMISSIONER HOLT: Did we get that zoning
on Morse or was that already there?
MR. REICHHART: It was rezoned by the City
but it's been there for a number of years, that rezoning.
COMMISSIONER HOLT: That zoning on Morse?
MR, REICHHART: Yes.
MS. THO?PIL: It was SF-7.
MR. REICHHART: on the south side.
MS. THOPPIL: single-Family 7.
COMMISSIONER HOLT: ~,.cause it wouldn't be
bad if it continued right up Woo&ow. But when you start
going back, you know, if it went up, like, across the
street. I don't know what would be the best protection
Page 70
is on one, divides those streets. Okay. The lot that was
rezone& that Lot 1, is there no building on thaff
MS. T[-IOPPI[: NO~ nothing. There is kind
of a shed there but it's not used.
COMMISSIONER POWELL: MS. Holt followed by
Mr. Roy.
COMMISSIONER HOLT: I'd like to ask staff
what -- now I'm a little bit confused because, okay, they
can already build along Morse and they want to enlalge the
site so they can build more on the site. But if we don't
enlarge the site, they could push it all down on Morse.
But if we do enlarge the site -- I'm trying to protect the
neighborhood. I don't know how. Can it be done? I mean,
what would be the best protection for the neighborhood? I
mean, there's a school right there and I'm in that area
all the time because of Fred Moore Nursery School and I --
those kids are going across that corner all the time, I
mcan, all day. So how can we protect that? What would be
the best protection for that area?
MR. RE1CHHART: If you mean protection to
rezone it to single-family or something like that, the
City would have to initiate a rezoning of the property
from its cmxent EOI and basically downzone it.
COMMISSIONER HOLT: But yOU said it's
already platted.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 72
for the neighborhood. I mean, I can sec both ways it
would work. It depends on who's going to build on it.
MR. REICHHART: It depends on what you mean
by protection, too. Is it similar uses? Is it pedestrian
safety?
COMMISSIONER HOLT: similar uses to what's
there. I mean, there is light industrial there which is
really not bad. But I really don't think that's an
appropriate place for a gas station and a convenience
store on that comer where children are coming by all the
time. But it's already zoned for that, isn't it?
MR. REICHHART.. It's zoned for Light
Industrial usc, yes.
MS. THOPPIL: It's zoned as EC-I which
actually does not pemait gas sales. That's the zoning
proposed is EC-C which has co~rnnercial sales so gas sales
would be permitted there.
COMMISSIONER HOLT: But EC-I does not allow
gas sales.
MS. THOPPIL: uh-huh.
COMMISSIONER HOLT: Thank you.
COMMISSIONER POWELL: Mr. Roy.
COMMISSIONER ROY: But, again, ECq allows
a more heavier industrial use such as a distribution
center if somebody wanted to put one there. Along this
PLANNING AND ZONING MINUTES 9-8-04
16
Page 69 - Page 72
1
2
3
4
5
6
7
8
9
I0
Il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
i4
15
16
17
18
19
20
2f
22
23
24
25
CondenseItTM
Page 73
same line of questioning, I mcan, I see the sentence in
our backup package about what is intended to be tl~em.
But can you be more descriptive as to what thc City's
understanding is that's specifically going to be built on
this site, tile corner, the whole new site? I mean,
obviously, the whole site is not going to be consumed by a
gas station. What specifically are they going to build
them?
MS. THOPPIL: The owner has proposed gas
sales and a convenience store on Lot 1 and Lot 2, light
manufacturing. That's all that we got from them.
COMMISSIONER ROY: SO you have no
explanation or no more details of what the light
manufacturing is?
MS. THOPPIL: NO,
COMMISSIONER ROY: Bnt it's whatever the
EC-C would allow?
MS. THOPPIL: ','es.
COMMISSIONER ROY: If WO combined this site
into one great big ~.c-c. can you tell me if that site is
big enough to permit a gas ,,veil to be drilled there?
MR. REICHHART: I can. Yes. It's big
enough right now with the current zoning to drill a gas
well on it. And whether it's E¢-I or E¢-C, ifs still
permitted by right.
6
7
8
9
lO
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 75
very much.
MS. THOPPIL: Thank you.
COMMISSIONER POWELL: And I will note that
I have closed the public hearing and nobody else has any
questions of staff. It is time for a motion on 6B as in
Boston. I don't see anybody jumping forward here. Joe
Roy followed by Vicky Holt.
COMMISSIONER ROY: It seems that the issue
of 6B is less of a concern than the issue of 6C. 1' note
that the staff is asking us to correct what was a mapping
oversight related to the Employment Center Land Use
Designation. And I don't see any problem in making that
change. I think we have a bigger issue on the rezoning.
So I guess I'm ready to move approval of 6B.
COMMISSIONER POWELL: I have a motion for
approval on 6B. Do I see a second.
COMMISSIONER STRANGE: second.
COMMISSIONER POWELL: second from Mr.
Strange. And I'm going to stop things right here and ask
Ms. Holt, were you ready to make a motion or do you want
to talk about the next item or nothing.
COMMISSIONER HOLT: [ was going to second,
but I'm not going to second.
COMMISSIONER POWELL: You're not going to
second. All right. We have a motion to approve 6B with a
Page 74
COMMISSIONER ROY: So the full Lot 2 now is
EC-I?
MR. REICHHART: EC-I, and that allows -- a
portion of Lot 2 is EC-I along Morse. And I believe, I'm
not sum of the depth there, but I believe it's big enough
to get a gas well on there. And, again, even if the whole
sJ. te went to EC-I or EC-C, as long as they were greater
than 500 feet from any resident, they would be able to do
it by right. After you get closer to 500 feet to a
resident, you need their permission or the SUP. so I
believe there's probably a place. If you could flip to
the 200 feet notice, they'll get a -- I mean, if you're
looking at the distance there between the black and the
red, that's 200 feet.
So that site currently is big enough to
house a gas well. But as you see, that 500 foot notice
gets into a lot of single-family houses 'there. So it
would be difficult to locate one where you're not going to
impact a single-family house within 500 feet. And that's,
as we find as gas wells are getting closer to the City,
it's tougher for them to locate and meet that 500 foot,
the 250 foot requirement. There might be a mathematical
location where they're 500 feet away but it's just that -- COMMISSIONER POWELL: Any other questions
of staff hem? Seeing no questions of staff, I thank you
1
2
3
4
5
6
7
8
9
l0
i1
12
13
'14
15
16
17
18
19
20
21
22
23
24
25
Page 76
second from Mr. Strange. Any discussion on this motion?
Seeing none, I'm calling for a vote. Motion passes 6 to
1.
(COMMISSIONER HOLT VOTING IN OPPOSITION.)
PLANNING AND ZONING MINUTES 9-8-04
17
Page 73 - Page 76
ORDINANCE NO.
AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN
AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON
PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT
ENCOMPASSING APPROXIMATELY 4.38 ACRES AND IS GENERALLY LOCATED
ADJACENT TO THE WEST SIDE OF WOODROW LANE. APPROXIMATELY 300'
NORTH OF MORSE STREET. PROVIDING A SAVINGS AND REPEAL CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (CA04-0003)
WHEREAS, GEES Inc., on behalf of Bill Collville, applied for a comprehensive plan
amendment to the land use plan of the land element of the Denton Plan for 4.38 acres of land
from Existing Residential/Infill Compatibility to Employment Centers, which is more
particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the
"Land Use Plan Amendment"); and
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-
2020; and
WHEREAS, on September 8, 2004, the Planning and Zoning Commission held a public
hearing and recommended approval of the Land Use Plan Amendment; and
WHEREAS, the City Council, after a public hearing, finds that the recommended Land
Use Plan Amendment is in the best interests of the health, safety and general welfare of the
citizens of the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby approves Land Use Plan Amendment to the
Denton Plan, 1999-2020.
SECTION 3. All ordinances or parts of ordinances in force when the provisions of this
ordinance became 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 only. The non-
conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect.
SECTION 4. The City staff is directed to change the land use plan map to the Denton
Plan in conformity with the Land Use Plan Amendment. Until such map change is made a copy
of this ordinance shall be attached to the Denton Plan, 1999-2020 showing the Land Use Plan
Amendment.
Page 1
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of ,2004.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L.
BY:
Y
Page 2
EXHIBIT "A"
The Comprehensive Plan Amendment encompasses approximately 4.38 acres, which is amended
from Existing Residential/Infill Compatibility to Employment Centers and is more particularly
described as follows:
4.38 Acres
All that certain tract or parcel of land lying and being situated in the J. Brock Survey, Abstract
Number 55 and the W. Teague Survey Abstract Number1266 in the City of Denton, Denton
County, Texas and being part of the Lot 2, Block A of the Woodrow Addition, Denton County,
Texas. According to the Plat thereof recorded in Cabinet U, Page 198 of the Plat Records of
Denton County, Texas.
COMMENCING at the Southwest comer of said Lot 2, Block A, and being located along the
north line of Morse Street;
Thence North 00 Degree 21 Minutes 21 Seconds West, a distance of 105.64 feet to a point for a
comer;
Thence North 89 Degree 18 Minutes 09 Seconds East, a distance of 49.42 feet to a point for the
POINT OF BEGINNING of the herein described tract;
Thence North 00 Degree 03 Minutes 55 Seconds West, a distance of 65.83 feet to a point for a
comer;
Thence the next following 11 calls along the north line of said Lot 2, Block A and the south line
of Lot 3, Block A, of said Woo&ow Addition.
I. North 24 Degrees 45 Minutes
2. North 29 Degrees 55 Minutes
3. North 57 Degrees 24 Minutes
4. North 77 Degrees 16 Minutes
5. North 73 Degrees 21 Minutes
6. North 78 Degrees 08 Minutes
7. South 88 Degrees 24 Minutes
8. North 68 Degrees i 0 Minutes
48 Seconds East,
28 Seconds East,
01 Seconds East,
02 Seconds East,
26 Seconds East,
33 Seconds East,
42 Seconds East,
13 Seconds East,
a distance of 96.94
a distance of 94.53
a distance of 41.30
a distance of 127.96
a distance of 75.44
a distance of 62.08
a distance of 57.89
a distance of 55.49
9. North 77 Degrees 05 Minutes 43 Seconds East, a distance of 87.88
10. South 88 Degrees 10 Minutes 21 Seconds East, a distance of 41.50
11. North 34 Degrees 23 Minutes 48 Seconds East, a distance of 61.24 feet;
Thence South 00 Degrees 13 Minutes 35 Seconds West, a distance of 408.47 to a point for a
comer on the south hne of the J. Brock Survey, Abstract Number 55 and the north line of the W.
Teague Survey, Abstract Number 1266;
Thence West along the north line of the W. Teague Survey, Abstract Number 1266 and south
line of the J. Brock Survey, Abstract Number 55 a distance of 653.05 feet more or less to the
POINT OF BEGINNING and containing 4.38 acres of land.
page 3
LOCATION MAP
Page 4
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
November 2, 2004
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT Z04-0043 (l/etco)
Hold a public hearing and consider adoption of an ordinance rezoning approximately 4.38 acres
from a Neighborhood Residemial 4 (NR-4) zoning district to an Employmem Cemer Industrial
(EC-I) zoning district. The site is generally located on the west side of Woodrow Lane and
approximately 300 feet north of Morse Street. The property is currently vacant, but platted.
Light manufacturing uses are proposed. The Planning and Zoning Commission recommends
approval, 7-0 (Z04-0043, Vetco, Gincy Thoppil).
BACKGROUND
Applicam: GEES, Inc.
The applicant is requesting to rezone approximately 4.38 acres of land (northern portion of Lot 2,
Woodrow Addition) to an Employmem Cemer Industrial (EC-I) zoning district. Lot 2 is a 7.62-
acre site, of which the northern portion (4.38 acres) is zoned Neighborhood Residemial 4 (NR-4)
and the remaining southern portion (3.24 acres) is zoned Employmem Cemer Industrial (EC-I).
Prior to adoption of the Development Code on February 20, 2002, Lot 2 was zoned Light
Industrial (LI).
The zoning change request coincides with a request for a comprehensive plan amendmem
(CA04-0003) for the same site from 'Existing Neighborhoods/Infill Compatibility' to
'Employmem Cemer'. (A mapping oversight associated with the developmem of the land use
componem of the DeNon Plan 1999-2020; this likely occurred because the floodplain, at the
scale of the Future Land Use Map, obscures this portion of the property). The Planning and
Zoning Commission recommended approval of the amendmem (6-1) on September 8, 2004.
Public notification and property owner responses are provided in Attachmem 3. As of this
writing, staff has received one response "in favor" of the request from property owners within
200 feet of the subject site.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ESTIMATED PROJECT SCHEDULE
The subject property was platted in July 2001.
PRIOR ACTION/REVIEW
The following is a chronology
Previous Application Date -
P&Z Public Hearing -
Z04-0035 Withdrawn-
New Application Date -
P&Z Public Hearing -
of Z04-0043, commonly known as Vetco.
August 17, 2004, applicant requested to rezone both lots 1 and 2
of the Woodrow Addition to Employment Center Commercial
(EC-C). (Z04-0035)
September 22, 2004, Z04-0035 approved, 5-2.
September 27, 2004
September 27, 2004, applicant requests to rezone only the portion
of land proposed in the Comprehensive Plan Amendment (CA04-
0003), which is the northern portion of Lot 2 of Woodrow
Addition, to Employment Center Industrial (EC-I). (Z04-0043)
October 13, 2004, Z04-0043 approved, 7-0.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map and Property Owner Responses)
4. Letter from the Applicant
5. Site Photo
6. Planning and Zoning Commission Meeting Minutes from October 13, 2004 meeting.
7. Draft Ordinance
Prepared by:
Gincy Thoppil
Planner II
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicam is requesting to rezone approximately 4.38 acres of land from a Neighborhood
Residemial 4 (NR-4) zoning district to an Employmem Cemer Industrial (EC-I) zoning district.
In July 2001, the subject property was platted for light industrial uses. At the time the DeNon
Plan 1999-2020 was adopted (December 7, 1999), the subject property was zoned Light
Industrial (LI). However, due to a mapping oversight, the subject property was designated as
'Existing Neighborhood/Infill Compatibility' in the Future Land Use componem of the plan.
With the adoption of the Development Code on February 20, 2002, the site was rezoned to
Neighborhood Residemial 4 (NR-4) to comply with the future land use designation.
On September 8, 2004, the Planning and Zoning Commission recommended approval of a
comprehensive plan amendment from 'Existing Neighborhoods/Infill Compatibility' to
'Employmem Cemer' for the 4.38-acre site (CA04-0003). The applicam is requesting a zoning
change to Employment Center Industrial (EC-I) so that the zoning is consistent with its
recommended land use designation and previous use.
Existing Condition of Property
The property is curremly vacam, but platted for industrial uses.
Adjacent zoning:
North & West: Neighborhood Residemial 4 (NR-4)
South: Employmem Cemer Industrial (EC-I)
East: Community Mixed Use Employmem (CM-E), and
Employmem Cemer Commercial (EC-C)
Comprehensive Plan Analysis
With the proposed comprehensive plan amendmem, the subject site would be located within the
"Employment Center" future land use area. "Employment Center" is also the land use for the
remaining part of the subject site. This is an industrial land-use classification imended to provide
locations for a variety of workplaces, including light manufacturing uses, research and
development activities, corporate facilities, offices, and institutions. Employment centers are also
intended to accommodate secondary uses that complement or support the primary workplace
uses, such as hotels, restaurants, convenience shopping, and child-care. Adequate public facilities
shall be a criterion by which zoning is grained.
Developmem Code / Zoning Analysis
Light manufacturing uses are permitted in the Employmem Cemer Industrial (EC-I) zoning
district. No retail sales or service is allowed in this zoning district.
Printing / Publishing N P
Bakeries N P
Manufacture of Non-odoriferous Foods N P
Feed Lots N N
Food Processing N N
Light manufacturing N P
Heavy Manufacturing N N
Wholesale Sales N P
Wholesale Nurseries N L(32)
Distribution Center N P
Wholesale Storage and Distribution N L(34)
Self-service Storage N P
Construction Materials Sales N P
Junk Yards and Auto Wrecking N N
Kennels N P
Veterinary Clinics N P
Sanitary Landfilles, Commercial N
Incinerators, Transfer Stations N
Gas Wells SUP L(27) L(27)
Limitations:
L(27): Must comply with the provisions
of Subchapter 89, Gas Well Drilling and
Production.
L(32): Not allowed to locate adjacent to
an arterial and within 1,000 feet as
measured from the nearest property line
of a sexually oriented business to the
nearest property line of any other sexually
oriented business, adult or child daycare,
any elderly housing facility, hospital, any
residential use, public open space.
L(34): Permitted with no more than
150,000 gross square feet and 8 track
docks. All docks or loading bays shall be
to the rear or side of the structure and not
viewable from the street. The buffering
standards for outdoor storage shall apply,
both to any outdoor storage activity and to
the loading docks.
Home Occupation P N
Sale of Products Grown on Site N N
Hotels N P
Motels N N
Bed and Breakfast N N
Retail Sales and Service N N
Movie Theaters N N
Restaurant or Private Club N P
Drive-through Facility N P
Professional Services and Offices N P
Quick Vehicle Servicing N P
Vehicle Repair N P
Auto and RV Sales N P
Laundry Facilties N P
Equestrian Facilities N N
Outdoor Recreation P N
Indoor Recreation N P
Major Event Entertainment N P
Commercial Parking lots N P
Administrative or Research Facilities N P
Broadcasting of Production Studio N P
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
Limitations:
L(38): Must meet the
requirements of Section
35.12.9
Staff Findings
1. The proposed zoning change to Employment Center Industrial (EC-I) will correct that
portion of the property that was a mapping oversight associated with the development of the
Future Land Use component of the Denton Plan 1999-2020.
2. The proposed zoning change will bring the subject property in compliance with its future
land use designation, and will allow light manufacturing uses, as provided in the final plat.
3. By retaining the Neighborhood Residential 4 (NR-4) zoning for lot 3, its open space
designation is likely to remain, as provided in the final plat.
4. The proposed zoning change is compatible with the surrounding uses and with the intent of
the Denton Plan.
Staff Recommendation
Based on the above findings, staff recommends approval of the requested zoning change.
ATTACHMENT 2
Maps
NORTH
Location Map
Scale: None
EC-C
Existing Zoning Map
EC-C
Scale: None
Proposed Zoning Map
NORTH
Land Use Map
NORTH
Scale: None
ATTACHMENT 3
Public Notification
NORTH
Notification Map
N otification
SI TE
~ bUyer
In
or
Public Notification Date:
200' Legal Notices* sent via Certified Mail:
500' Courtesy Notices* sent via 1st Class Mail:
Number of responses to 200' Legal Notice
· In Opposition: 0
· In Favor: 0
· Neutral: 0
9/29/04
8
32
Scale: None
Percent of land within 200' in opposition: 0.0 %
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
Response from 200' Property Owner
10
ATTACHMENT 4
Photograph of Notification Sign
FROM WOODROW LANE
AERIAL IMAGE
ATTACHMENT 5
Letter from the Applicant
Co~rehe~si~'e Plen dssi~nallien: Empleym~n~ Center
Ezis~ir~g zoning:
Proposed Zoning: ~C-~
J~a~fi~ca~o~:
O~e~ is pla~r~ing on ~u~l~g a Ligh~ ~a~uf~cL, ar~ng ~aci~i~ a~d ~q~es~s s change Jn zoEing [g al~w ~is u.se. ~e. ~e,ques~ is con~st~r~ ~h
~ ~o~me~ zo~in~g o~ ~e ~i~e. Th~ proart, i~ currently vac~n~ ~e a~rea wa~ pla~'d as [h~ ~drew ~i~o~ i~ 2001 ~i~e Lh~ ~te
zoned Ligh~ indus'Eia~. TEe EC-i cl~ssi~fi~ ~s c~sis.ten[ ~ ~%e e~m'E~g zonia~ i~ plac~ on ~e sou~h side of ~e prope~ a~d wou~
PubEc Facilities:
S~e~ ri,ghJ e~ ~ay. Thee s~o~lG be mor~ ~an adequate for a~y us~s ~n ~h~ ~opos~d zoning o~ ~is
Ssni~fy
A 6 inch ma~n ~i~ i~ ~e Woodr~ ~i~ o~ way. A 20 inc~ ma~n is ~oc~[ed ~[ ~he sou~ ~st cornel ~.~ Ihs properly, These sho~l~ be m~e
~a~ adequate for a~y us~ wi~hi~ the pro~ose.d z~i~G on ~h~s
T~anspor~Eo~:
M~e Sheet ~s a Comm~ercial Collector. ~odrm~ Lan~ is a secondary ar~e~ia~. C~rren~ [,~o~se S~e~ b~ti~: as a 2-1an~ curb and
s.ffee[. W9odr~e is ~Jil~ as s ~-~a~e undivided cu~ a~d gu~:e~
Light mann,acCusing is eno o[ ~e I~a~t i~[e~sive uses for EaHic ~nera~ion and she~l~ generate I~ ~i~. ~ha~ ~C-C
F~o~l~in exists ~ r~e ~r~ side ef Lo~ 2. The si~e plan w~id be desi~e~ to ~a~n t~ ~h~s ares.
Schools:
~o~ affected negate'ely ~ ~ commercia~ develop.meaL
Sincerely
G~EES, I~¢.
Lega~l De~c~ipt~or~:
L~ 1 an,d Lo[ 2, Buck A eft~e Weed,ow Addition
13
2
3
4
5
6
COMMISSIONER POWELL: We're to Item 6B,
rezoning from Neighborhood Residential 4, NR-4 to
Employment Center Industrial EC-1. The subject property
encompasses 4.38 acres in land generally located on the
west side of Woodrow Lane 300 feet north of Morse
Street. Gincy.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
MS. THOPPIL: Good evening, respected
Chair, members of the Commission and all present here. My
name is Gincy Thoppil and I work as a planner in the
Planning and Development Department. Through the case
Z04-0043, the applicant is requesting a zoning change for
4.38 acres of land located approximately 300 feet north of
Morse Street and to the west side of Woodrow Lane. To
just give you a background, this site was approved for a
Comprehensive Plan Amendment from existing land
use/in-fill compatibility to employment center by the
Planning and Zoning Commission on September 8. Planning
and Zoning Commission also approved the zoning change
request from NR-4, Neighborhood Residential 4 to
Employment Center Commercial ECC on September 22nd.
21
22
23
24
25
26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Along with the zoning changes to the other
portion of Lot 2 and Lot 1, however, upon hearing concerns
from neighborhood residents concerning the proposed retail
development and the potential traffic impact, the
developer has withdrawn that case and agreed to restrict
any future retail use to Lot 1. Hence, the new case,
Z04-0043 requesting only to rezone the 4.38 acres lot from
neighborhood residential 4, NR-4 to Employment Center
Industrial, ECl, which is the current zoning of the other
properties that's Lot 2 and Lot 1.
The property was zoned LI, Light Industrial
until the adoption of the Denton Development Code in
February 2002, which was a mapping oversight associated
with the land use component of the Denton Plan as we
discussed during the Comprehensive Plan Amendment Case.
This slide shows you the existing zoning
and the proposed zoning. Public notification was sent out
and as of now, staff has received only one in favor
response from a property owner within 200 feet of the
site. This is the aerial photograph and here are some
pictures. With this, I conclude my presentation. Any
questions?
18
19
20
21
22
23
24
25
COMMISSIONER POWELL: Thank you. Any
questions of staff?. Ms. Holt. And followed by Mr.
Strange.
COMMISSIONER HOLT: Yes. Did you say at
the first that they were not going to develop on the
bottom part of that site?
MS. THOPPIL: The subject site?
COMMISSIONER HOLT: Uh-huh.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. THOPPIL: They had proposed light
manufacturing uses over there.
COMMISSIONER HOLT: On that bottom part?
MS. THOPPIL: Uh-huh.
COMMISSIONER HOLT: Okay. Thank you.
COMMISSIONER POWELL: Mr. Strange.
COMMISSIONER STRANGE: Refresh my memory,
it seems like when we were going through this back in
September, there was some conversation about -- if you put
that other map back up, yeah, that there was going to be a
donation from the owner of this property?
MS. THOPPIL: That is correct. I had heard
had that in the last September 22nd meeting, too, that the
developer said that they could be getting some land from
that portion.
COMMISSIONER STRANGE: Well, I guess I'd
like to have that clarified because it seemed to me that
that had some influence on at least my vote. And the
rezoning of the other two properties, and not a month
later we're back trying to rezone the adjacent property
and I'm not sure how that's affected by the school
district and the gift that they were going to make of this
land to the school district.
MS. THOPPIL: The applicant is here if you
would like to --
1
2
3
4
5
6
7
8
9
10
11
COMMISSIONER STRANGE: Well, it just seems
confusing to me. I thought we had zone what we were
zoning here. And what was left was to be given away as a
gift.
MS. THOPPIL: The subject site was in the
last meeting zoned as EEC, approved to be zoned as EEC.
And now the developer wants it to be rezoned ECl instead
of EEC.
COMMISSIONER STRANGE: And where is the
property that is going to be given to the school?
MS. THOPPIL: This is the same site, yes.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER POWELL: We -- I think I have
a request -- I know I have a request from legal here to
interject a second.
MR. SNYDER: I want the Commission to be
aware of the fact that the gratuitous offers by a
developer during a zoning case are not binding on a
developer. It has really -- it may influence your vote,
but there's no way that that is part of a zoning case.
COMMISSIONER STRANGE: I understand that.
I understand that.
COMMISSIONER POWELL: Thank you.
COMMISSIONER STRANGE: I'm just trying to
clarify in my own mind what it is they're giving away and
where it is now a month later and what it affect it has on
this particular application.
COMMISSIONER POWELL: We will hear from the
applicant. Thank you, Gincy. Is the applicant here?
I'll open the -- if I haven't done it, I'll open the
public hearing. We'll hear from the applicant and then
we'll hear from anyone that wants to speak.
MR. BUSSELL: Allen Bussell, Greg
Engineering Services, 1621 Amanda Court. This is the
exact same property that we had before you earlier. After
the public hearing we met with Ms. Phillips, who had come
and spoken against the project here, but mostly because of
traffic concerns. And we spoke out in the foyer for
probably 30 minutes about what her concerns were.
Upon hearing that, Mr. Murphy, Troy Murphy
who wants to move his business to this site, didn't have
any short term, long term plans for -- you know, nothing
in concrete to develop any retailing. He was thinking,
though, that the hard comer would be an appropriate
place. But at this time, he doesn't have it. So to help
the neighbors out, we did away with that because of the
traffic concerns. And so we're just rezoning the part
that was messed up, the northern part to match the
southern part.
The NR-4 that you see here -- here, is kind
of landlocked. It doesn't really have any access to
1
2
3
4
5
Woodrow because of the flood plain. The only people that
have access to this site is the school district right
here. That's why it would be donated to the school
district. They could actually get some useful area out of
it.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
This site here was zoned NR-4 by mistake.
Actually the whole thing was done by mistake, but this is
the only one we need rezoned to match the southern part.
There's no lot there. It was just a line in the middle of
the property with no legal description. It was just
placed there by mistake because of the comp plan. So in
order to reduce the amount of traffic although ECl is
use-wise more intense, it's a lot less intense, probably
five to ten times less intense traffic-wise because of the
retail. So by taking that out of the equation, we hope to
address the neighbors' concerns.
This is the first time I've had a client
come back after being approved to help the neighbors out.
And I'm sorry for the confusion, but we're trying to do
the right thing.
COMMISSIONER STRANGE: So none of this site
has anything to do with the portion that -- I'm just
trying to clarify in my mind.
MR. BUSSELL: Yes, sir.
COMMISSIONER STRANGE: This has nothing to
do with the portion that's opposite in the flood plain?
MR. BUSSELL: No. No. In fact, we're
separated by a drainage easement there. And it's
currently platted.
COMMISSIONER STRANGE: And the disposition
of that property is going to be what, not to influence my
vote, but I want to know what it's going to be.
MR. BUSSELL: It would either remain open
space because it doesn't have any access or it would be
donated. I mean, you can't get to it. Before the -- and
the reason it was -- you were able to get to it before, is
because you could redevelop flood plain before. And if
this is developed flood plain, you could actually do a
flood plain study and channelize it. But for one lot,
you're not going to do that. There's not enough money to
do that.
So -- and FEMA rules have changed. It's
just much tougher to develop flood plain. So in all
reality it's an undevelopable tract up there from our side
it is. There is area out at this corner up here that's
out of the flood plain. Once again, it's only accessible
from the school property.
COMMISSIONER POWELL: Mr. Roy.
COMMISSIONER ROY: Mr. Bussell, Lot No.
1 --
1
2
MR. BUSSELL: Lot No. 1 is this hard
corner.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
COMMISSIONER ROY: Yes. And that is still
proposed to be retail?
MR. BUSSELL: No. We are proposing to zone
the whole thing ECl for retail. If somebody comes in
later and wants to buy that tract and put retail there,
they'll have to come back to you and get rezoning.
COMMISSIONER ROY: Say that again. You
want the whole site to be ECl?
COMMISSIONER POWELL: You misspoke. I
think you misspoke. Try it again.
MR. BUSSELL: I'm sorry. We want the whole
site to be ECl, just -- this site down here is currently
ECl, all right. The southern part is currently ECl.
COMMISSIONER ROY: Yes.
MR. BUSSELL: Retail is not allowed in ECl.
COMMISSIONER ROY: Yes.
MR. BUSSELL: We want to keep that just
like it is. We're not going to change that. We just want
the northern part to match the southern part. If in the
future somebody buys a portion of this tract or buys Lot 1
because it's currently subdivided, buys Lot 1 and wants it
for retail, they'll have to come back to you for a zoning
change to allow that retail and that would allow the
neighborhood input.
COMMISSIONER ROY: Thank you.
MR. BUSSELL: Yes, sir.
COMMISSIONER POWELL: Any other questions
of Mr. Bussell? Mr. Watkins and Dr. Thibodeaux followed
by Vicky Holt.
COMMISSIONER WATKINS: Thank you, Mr.
Chairman. Allen, the picture of the three buildings, the
print shop, is not the storage shed on the ECl part
presently?
MR. BUSSELL: I believe it is.
COMMISSIONER WATKINS: Okay. Thank you.
COMMISSIONER POWELL: Dr. Thibodeaux.
COMMISSIONER THIBODEAUX: When you talked
to -- excuse me. When you talked to Mrs. Phillips and her
neighborhood group, her main concern was the retail
outlet?
18
19
MR. BUSSELL: Her main concern was the
traffic. And in order to limit -- that's the big traffic
20
21
22
23
24
25
generator was the retail.
COMMISSIONER THIBODEAUX: Yeah, the retail
outlet was going to bring in the traffic.
MR. BUSSELL: Right. And I spoke with her
yesterday and she seemed pleased that we were taking that
out of the equation.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER THIBODEAUX: Okay. When this
first came before the -- I don't know if I can speak --
COMMISSIONER POWELL: Anything you wish.
COMMISSIONER THIBODEAUX: Okay. When it
first came for the vote a couple of weeks ago, I voted
against it because I felt that it would bring the traffic
into the neighborhood and I was concerned about that and
the crossings and so forth. I applaud you for taking into
consideration some of the concerns of that neighborhood.
MR. BUSSELL: Thanks.
COMMISSIONER POWELL: Ms. Holt.
COMMISSIONER HOLT: Mr. Bussell, what
business are they going to put on that?
MR. BUSSELL: He has a distribution
business I guess is what you'd call it. It's a -- that
pass through equipment and business for manufacturers. So
it's light industry is what he has. He's currently in the
area, but he'd like to have his own building where he
could have it built to his specifications.
COMMISSIONER HOLT: But he's only going to
use that center lot?
MR. BUSSELL: He's only going to use --
he's going to retain all of this area back here. And his
first plan and this isn't part of the zoning case. But
his first is to build his building, a 10,000 square foot
1
2
3
4
5
6
7
8
9
10
11
12
building for his business. And then he would build other
pads that he would retain control of. He's not going to
subdivide it again. So that's -- that was his long --
short-term plan is to get his business in there, and
long-term is to build other like businesses.
COMMISSIONER HOLT: Will have access on to
Morse or Woodrow?
MR. BUSSELL: He would have access under
the approved plat to both. And for fire circulation that
would probably be a good idea anyway.
COMMISSIONER HOLT: Is a distribution, is
this like wholesale storage and distribution.
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. BUSSELL: I believe so.
COMMISSIONER HOLT: Well, with that you
need an L-34, which is all docks and loading bays,
eight-truck docks, buffering standards, outdoor storage --
okay. Thank you.
MR. BUSSELL: We're going to screen it.
COMMISSIONER HOLT: Okay.
COMMISSIONER POWELL: Any other questions?
Virgil.
COMMISSIONER STRANGE: I was just trying to
clarify. The reason why I asked the question earlier, our
backup information here, what we're looking at, says hold
a public hearing to make a recommendation concerning the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
rezoning of 4.3 acres from a neighborhood NR-4 to an
Employment Center ECl.
MR. BUSSELL: That's correct.
COMMISSIONER STRANGE: And then I thought
you said that we had already changed it?
MR. BUSSELL: No. It never went to
Council. What you did was make a recommendation and we
killed it before it got there because we wanted to bring
it back to you and fix the problem.
COMMISSIONER STRANGE: Right. So it's
still NR-4?
MR. BUSSELL: It's still NR-4, that's
correct.
COMMISSIONER STRANGE: Okay. That's what
was confusing me because we got NR-4 --
MR. BUSSELL: This section in the red is
still NR-4. I'm sorry, the section bounded by red here --
COMMISSIONER STRANGE: I tell you this has
been one of the most confusing deals we've done in a long
time, not only this one, but both the other two meetings.
It's confusing to me because I've seen that this is NR-4,
and then you were saying it was ECl, but it's still NR-4?
MR. BUSSELL: It is still NR-4. Council
never got this.
COMMISSIONER STRANGE: Okay.
1
2
3
4
5
6
MR. BUSSELL: And I apologize. This is the
first time -- this is weird, first time we've gone back
with a recommendation to go to Council, so --
COMMISSIONER STRANGE: Right. Well, I was
just trying to clarify in my mind what it is, because I
was figuring out which one of those NR-4's.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
MR. BUSSELL: It's still zoned the same way
it was before.
COMMISSIONER POWELL: So the map is what's
adding to the confusion. Any other questions of Mr.
Bussell? Thank you, sir.
MR. BUSSELL: Thank y'all.
COMMISSIONER POWELL: I didn't see you. I
apologize. Ms. Holt has a question of Mr. Bussell.
COMMISSIONER HOLT: If he gets that site
all ECl, he could put a gas well on it, couldn't he?
MR. BUSSELL: The gas well actually by --
there's restrictions on the property not to have any gas
wells on it. And that was brought up in the last meeting,
physically, they could not put a gas well, but there's a
little sliver over here that they could put one, you know,
mineral rights go around boundaries. So what they'd do is
they'd put the gas well way back here and directionally
bore down to there. So a gas well will not go on this
property. There's no room for it with the setback
requirements.
COMMISSIONER POWELL: Any other questions
of Mr. Bussell? Seeing none other, and this is a public
hearing, I'll ask if anyone else would like to speak on,
for or against this issue? Not seeing any speakers, I'll
not -- we won't need a rebuttal and I will close the
public hearing and ask for discussion or a vote -- or a
motion, excuse me. Mr. Watkins.
COMMISSIONER WATKINS: Thank you, Mr.
Chairman. I would like to move approval of Z-04-0043.
COMMISSIONER POWELL: And Mr. Watkins has
moved. And I have Mr. Roy up.
COMMISSIONER ROY: Second.
COMMISSIONER POWELL: Mr. Roy has seconded
it. Is there any discussion on the motion to approve 6B?
Seeing none, I'll call for a vote. Motion passes 7-0.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE AND USE DESIGNATION CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4
0q-R-4) TO EMPLOYMENT CENTER INDUSTRIAL (EC-I) FOR APPROXIMATELY 4.38
ACRES OF LAND LOCATED ADJACENT TO THE WEST SIDE OF WOODROW LANE
APPROXIMATELY 300' NORTH OF MORSE STREET; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0043)
WHEREAS, GEES Inc, on behalf of Bill Cotville, has applied for a change in zoning and
use designation for approximately 4.38 acres of land which is more particularly described in Exhibit
"A" and depicted in Exhibit "B" attached hereto made a part hereof by reference (the "Property")
fi.om Neighborhood Residential 4 CNR-4) to Employment Center Industrial (EC-I); and
WHEREAS, on September 22, 2004, after concluding a public hearing as required by law,
the Planning and Zoning Commission recommended approval of the requested change in zoning; and
WHEREAS, on November 2, 2004 the City Council conducted a public hearing as required
by law; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation for the Property is hereby
changed from Neighborhood Residential (NR-4) to Employment Center Industrial (EC-I).
Notwithstanding the description of the Property in Exhibit "A", the property being rezoned includes
all property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Anyperson violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Page 1 of 4
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 4
Exhibit A
Field Notes:
4.38 Acres
All that certain tract or parcel of land lying and being situated in the J. Brock Survey, Abstract
Number 55 and the W. Teague Survey Abstract Number1266 in the City of Denton, Denton
County, Texas and being part of the Lot 2, Block A of the Woodrow Addition, Denton County,
Texas. According to the Plat thereof recorded in Cabinet U, Page 198 of the Plat Records of
Denton County, Texas.
COMMENCING at the Southwest comer of said Lot 2, Block A, and being located along the
north line of Morse Street;
Thence North 00 Degree 21 Minutes 21 Seconds West, a distance of 105.64 feet to a point for a
comer;
Thence North 89 Degree 18 Minutes 09 Seconds East, a distance of 49.42 feet to a point for the
POINT OF BEGINNING of the herein described tract;
Thence North 00 Degree 03 Minutes 55 Seconds West, a distance of 65.83 feet to a point for a
comer;
Thence the next following 11 calls along the north line of said Lot 2, Block A and the south line
of Lot 3, Block A, of said Woodrow Addition.
1. North 24 Degrees 45 Minutes
2. North 29 Degrees 55 Minutes
3. North 57 Degrees 24 Minutes
4. North 77 Degrees 16 Minutes
5. North 73 Degrees 21 Minutes
6. North 78 Degrees 08 Minutes
7. South 88 Degrees 24 Minutes
8. North 68 Degrees 10 Minutes
48 Seconds East, a
28 Seconds East, a
01 Seconds East, a
02 Seconds East, a
26 Seconds East, a
33 Seconds East, a
42 Seconds East, a
13 Seconds East, a
distance of 96.94
distance of 94.53
distance of 41.30
distance of 127.96
distance of 75.44
distance of 62.08
distance of 57.89
distance of 55.49
9. North 77 Degrees 05 Minutes 43 Seconds East, a distance of 87.88
10. South 88 Degrees 10 Minutes 21 Seconds East, a distance of 41.50
11. North 34 Degrees 23 Minutes 48 Seconds East, a distance of 61.24 feet;
Thence South 00 Degrees 13 Minutes 35 Seconds West, a distance of 408.47 to a point for a
comer on the south line of the J. Brock Survey, Abstract Number 55 and the north line of the W.
Teague Survey, Abstract Number 1266;
Thence West along the north line of the W. Teague Survey, Abstract Number 1266 and south
line of the J. Brock Survey, Abstract Number 55 a distance of 653.05 feet more or less to the
POINT OF BEGINNING and containing 4.38 acres of land.
Page 3 of 4
Exhibit B
The zoning change encompasses approximately 4.38 acres (a portion of Lot 2, Block A of the
Woodrow Addition) from Neighborhood Residential 4 (NR-4) to Employment Center Industrial
(EC4).
Page 4 of 4
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
November 2, 2004
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT - CA04-0002 (3520 E. McKinney)
Hold a public hearing and consider adoption of an ordinance for a Comprehensive Plan
Amendmem from 'Neighborhood Cemer' to 'Community Mixed Use Activity Cemer' land use
designation. The 2.0-acre site is located south of McKinney Street and approximately 700 feet
west of Loop 288. The property is platted and formerly used as a "Putt Putt Golf & Games"
facility. The Planning and Zoning Commission recommends approval, 6-1 (CA04-0002, 3520 E.
McKinney)
BACKGROUND
Applicam: Brad Springer DeNon, TX
The applicant is requesting a comprehensive plan amendment of approximately 2.0 acres from
'Neighborhood Cemer' to 'Community Mixed Use Activity Cemer' land use designation. The
subject site abuts a Community Mixed Use Activity Cemer on the east. A comprehensive plan
amendmem from 'Neighborhood Cemer' to 'Community Mixed Use Activity Cemer' for the
subject property would extend the existing Community Mixed Use Center, which encompasses a
sizeable area (179 acres). The existing facility on the subject site was used for commercial
recreational purposes. Attachment 5 identifies the proposed uses for this property. The land west
of the site is platted and was "dedicated to the City of Denton" and currently serves as the buffer
between the different land uses.
The amendmem coincides with a zoning change request (Z04-0032) from Neighborhood
Residemial Mixed Use 12 (NRMU-12) to Community Mixed Use General (CM-G), also on the
agenda.
Public notification and property owner responses are provided in Attachmem 3. As of this
writing, staff has not received any written responses from property owners within 200 feet of the
subject site.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
See staff analysis (Attachmem 1).
PRIOR ACTION/REVIEW
The following is a chronology of CA04-0002, commonly known as 3520 E. McKinney.
Application Date - July 28, 2004
P&Z Public Hearing - September 22, 2004
FISCAL INFORMATION
The property is platted and developed. The existing facility is vacant. Future development will
require no short-term public improvements that are the responsibility of the city.
ATTACHMENTS
1. Staff'Analysis
2. Maps
3. Public Notification (Property Owner Notification Map, Property Owner Responses)
4. Photo of Site with Notification Sign and an Aerial Image
5. Letter from the Applicant
6. Minutes from the September 22, 2004 Planning and Zoning Commission Hearing
7. Draft Ordinance
Prepared by:
Gincy Thoppil
Planner II
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Comprehensive Plan Amendment Request
The applicant is requesting a comprehensive plan amendment of approximately 2.0 acres from
'Neighborhood Center' to 'Community Mixed Use Activity Center' land use designation. The
subject site abuts a Community Mixed Use Center to the west. The proposed amendment will
extend the 179-acre Community Mixed Use Activity Center, and will allow convenience and
comparative shopping for goods and services to an individual neighborhood as well as a number
of nearby neighborhoods.
Existing Condition of Property
The property is platted and developed. The existing facility is currently vacant.
Property History:
February 21, 1989
November 16, 1989
December 7, 1999
February 20, 2002
SUP approved for a miniature golf facility.
Final plat approved (Putt-Putt Golf and Games Addition).
Subject property placed into the 'Neighborhood Centers' land use
designation.
Subject property rezoned to the Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district. Subject property zoned Agriculture prior to
adoption of the Denton Development Code.
Adjacent land use:
North:
South & West:
East:
Existing Neighborhood/Infill Compatibility
Neighborhood Center
Community Mixed Use Activity Center
Adjacent zoning:
North:
South:
East:
West:
Neighborhood Residential 4 (NR-4), Church
Neighborhood Residential Mixed Use 12 (NRMU- 12), Multi-Family
Community Mixed Use General (CM-G), Office
Neighborhood Residential Mixed Use 12 (NRMU-12), Multi-Family
Comprehensive Plan Analysis
With the proposed comprehensive plan amendment, the subject site would be located within the
"Community Mixed Use Activity Center" future land use area. A community activity center
can contain the shopping, services, recreation, employment, and institutional facilities that are
required and supported by the surrounding community. Thus, a community activity center could
contain a supermarket, drug store, specialty shops, service stations, one or more large places of
worship, a community park, midsize offices, and employers, high-to moderate-density housing,
and perhaps an elementary or middle school. It can include vertically integrated uses where
different uses may occur within the floors of the building.
Ch~racteristi,cs of Comn~rcial DevelOpn~t in Mixed-Use Activity Cen~e~s
Acti~ty Center Mixed-Use Mixed-Use
Activity Center Acthz~ty Center
Purpose To provide convenience To pro~dde com~nience To pro,de convenience
shopp~n~ for goods & and comparative & comparati~ shopping
services to an individual shopping ~Or goods & for ~oods & services t:o
neighborhood, sers~ces to ~n indiWdual an individual
neighborhood as well as neighborhood as ~el~ as
a number of nearby the entire city &
neighborhoods, surrounding ~rea.
Typical Land Up to 10 acres. Up ~o 30 acres~ More than 30 acres
Area
Typical Service Up to 1 square mile & Up to 8 square miles Hu~ti-county' area & up
Area & 5 000 people and 40~000 people to 250,000 people.
Population
Typical Retai~ Com~nience grocer Ff~lls, Big Box Retail &:
Tenant dru~, hardware Superstores
Typical Store Less than 4,000 square Less than 100,000 More than 100 OO0
Dze feet. square feet: square fee~
Typical Com~ience & Services Con~n~ence & Comparative
Purchase Type Corn para~ive
Typical Low Nedium H~gh
S.hoppin]
Expenditure
Typical High Nedium Low
Shopping
Frequency
Typical Service Personal Services Automotive Sers~ces Automobile Dealers
Types
Typical ~ice [ndiWdua~ O~ce Spaces Sma~ O~ce Buidings or Large ~ce. Buildings or
Types Mixed-Use BuSHings Mixed-Use BuiHin~s
Typical Housing No,orate density~ smal~ Fffgh & moderate density; t'~t~gh dens~t~ large
T~pes apartment buiHin~s and medium s~ze mixed-use mixed-use apartment or
town [homes, housin~ apartment buildings, condom~niumbuiHings,
abo,~ commercial, re,ail housing abo~ housing above
uses. commercial/retail uses. commercial/retail uses.
Loca~ Example Bell Place Denton Town Center Golden Triangle Mall
~oic~l ~er~.~ at'ea~, Th~ ~z'~ple~ do not necessarily r~pres~nt d~;~n ct:H~ri~ for ~r~h,'?ectur~
or she design.
Source: The Denton Plan, 1999-2020, pg44.
4
Staff Findings
The DeNon Plan idemifies the typical land area for a Community Mixed-Use Activity
Cemer as up to 30 acres. The Comprehensive Plan Amendmem from 'Neighborhood
Center' future land use to 'Community Mixed Use Center' will only extend the existing
179 acres of Community Mixed Use Cemer by 2.0 acres.
The typical service area and population for a Community Mixed-Use Activity Cemer is
up to 8 square miles and 40,000 people. There is another 221-acre Community Mixed
Use Center at McKinney and Audra, approximately 4,900 feet west of this one, but the
uses are different. These uses are mainly institutional and multi-family with retail
services. The recommended 8-sq. mile service area of these Community Mixed Use
Cemers is considerably less. The service area is approximately 3.85 sq. miles. (See
attached Analysis Map). The proposed amendmem extends the existing Community
Mixed Use Cemer further west towards the established neighborhoods, which would
further increase the overlap. The proposed amendment from Neighborhood Center to
Community Mixed Use Center is not consistent with The Denton Plan land use goals and
principles.
Staff Recommendation
Based on the above findings, staff recommends denial of the requested comprehensive plan
amendment.
ATTACHMENT 2
Maps
NORTH
Location Map
Nei~hbeH~eed Ce~ier
Existing Land Use Map
Scale:
None
Proposed Land Use Map
NORTH
Zoning Map J~
NORTH
Scale: None
Analysis Map
NORTH
~.0 sq.
service area
Com
Distance = 4900 feet
se Center
Scale: None
9
ATTACHMENT 3
Notification Map
NORTH
~ -~_ ~ ~ ~~~- Limits of 500'
~ ~ ~ ~ ~~ ~ Notification
Limits of 200'
Notification ~%~-~
Scale: None
Public Notification Date: September 8, 2004
200' Legal Notices* sent via Certified Mail: 7
Number of responses to 200' Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
Or)r)osition' 0%
*A copy of the notification list can be obtained at
City Hall West, 221 N. Elm Denton TX 76201
10
Letter of Opposition from a property owner within 500' of the subject site
11
ATTACHMENT 4
Photo 1: View of subject property from McKinney.
Aerial Photo
ATTACHMENT 5
Br~ Springer (~dA~H~)
8181 E. Me~y
~nto~ ~ 76208
City of Denton
P~r~g and Development ~pa~nt
C~ Hall Wea
221 N, Elm
Dento~ TX 76201
To ~om It Mxy Corm:
'his lett~ oflntent for a ~g e~e is for t~ pro~rty ~cated at:
3520 E. Me~ey St.
~on, Texas
The property is p~ntly ~rgd ~ Y~J-12 and w~ fom~ty "Putt P~ G-off &
G~s". The ~d mn~ district is CM~G~
T~ exist[~ hcility'~ ~ for corv~rcial recreational pu~oms. We wouM l~e to
utili~ the exi~hg facilities for new ~. ~e tuning that we are requ~ing is ally h
place ~xt door to us, ~s would allow us m ~e ~e ~arby ~i~borho~ by offering
~itb~l ~rvlc~s while staying co~istent w~h t~ ~reial fabr~ oftl~ a~
Many possibilities are ~ing e~B~ ~r the ~ of this propert-y. Om potential use that
we are resemc~g ~ to put in a "U-~II" facility. T~ exi~ing pro~ ~ building
wou~ ~ made avaiI~ to imtivid~ls m rent a s~ to ~11 their vehic~, R_V., ~
etc. The area is easily accessible, well lit, ~u~ and safe. We ~,,:e discms~ this wit,5
Co& Efforcemenm aM believe that a x~eit~y like ~is would be benefi¢~i for the ~
~a enti.,e ci~ of Denton.
All utiliti~ ~ already in place ~ or&r to serve t~is pamek No new utilities
ant~ipa~.
Thank you for your eonsideratbn offf~ ~ni~ change.
Sinc~ly,
B~ Spiller
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
t7
18
19
20
21
22
23
24
25
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2o
21
22
23
24
25
CondcnscltTM
Page 25
COMMISSIONER STRAN(~E: We now n-tore on to
public hearings which will give the Conunission an
opportunity to make a rcco~mnendafioa to the City Council.
The first item that we have as a public hearing is the
Comprehensive Plan Amendment to approximately two acres of
land from Neighborhood Center to Community Mixed Use
Center. The property is generally located south of
McKinney Street and approximately 700 feet west of Loop
288. We will open the public hearing and ask staff to
come forward and make their presentation.
MS. TIIOPPIL: Good evening again. My name
is Gincy Thoppil, Planner in the Planning and Development
Department. Through the case c&-o4-0002, the applicant is
requesting for a Comprehensive Plan Amendment for the
two-acre site located on east McKinney Street and
approximately 700 feet west of Loop 288, colmnonly known as
the site with Putt-Putt Golf facility.
This case also coincides with the zoning
change request, the next item on the Agenda.
COMMISSIONER STRANGE: And I think for oar
purposes, we will consider these as one item.
MS. THOPP[L: with thc adoption of the
Denton Development Code in 2002, the subject property was
rezoned to Neighbhorhood Residential Mixed Use 12.
COMMISSIONER SIR^NeE: EXCUSe mc for
Page 26
inlerrupting. Based on the advice of counsel, I think we
need to get the Co~mnission~s approval to combine these two
items before we go any further.
Ma. SW~OeR' ^11 yOU really need to say if
there's no objection.
COMMISSIONER STRANOE: IS tll~'~O IlO
objection? No objection. We'll go forward.
MS. THOPPIL: All right. With the
adoption of the Denton Development Code in 2002, the
subject property was rezoned to Neighbhorhood Residential
Mixed Use 12, NRMU-12 Zoning District. Prior to that} it
was zoned Agricultural. The applicant is requesting a
Comprehensive Plan Amendment from Neighborhood Centers
Co~mnunity Mixed Use Centers Land Use Designation.
According to the Denton Plan, the typical
land area for a Community Mixed Use Center is up to 30
acres. Tile typical service area is up to eight square
miles. And the typical service population is up to 40,000
people. As you can see in this map, there are two large
Cmrmmnity Mixed Use centers, just 4,900 feet away. So
thcr~'s a large overlap of their right square mile service
area.
The proposed amendment of thc subject site
exlends the Conmmnity Mixed Use Center from the west
towards tile established ,~;ghborhoods increasing that
2
3
4
5
6
7
8
9
10
1
2
13
14
15
16
17
18
19
20
21
22
23
24
25
1
3
4
5
6
7
8
9
10
11
12
tc 13
14
15
6
.7
19
2O
21
22
23
Page 27
overlap still more, even though it's very slight. And the
site is only two acres.
Staff has received no responses to the 200
and the 500 foot notifications that were sent out. And
this is the aerial and site photograph. As you see, there
is an existing facility of Pug-Putt Golf, but it's not
cun~ently used and it's existing parking. Any questions9.
COMMISSIONER STRANGE: Any questions of
staff?. Seeing none, is there anyone else h~re -- would
the applicaut like to come forward and speak on this item?
Ma. S?aINOE~: Thank you very much. My
name's Brad Springer. I own the property. And I like the
property a whole lot. We're real proud of it and I think
it's a beautiful piece of property. As we wca, e trying to
decide what to do with tile property, we thought of a lot
of avenues and one thing that come to mind was getting it
rezoned where we'd have all of the stone benefits as our
neighbor.
We found out that our property wasn't the
CMO zoning that our neighbor was. And we were looking at
a few avenues, a few opportunities that that might be used
for. We are realizing that we're coming before you and
not asking that we're getting any spot zoning. The 173
acres next to us, adding oar two acres to that would only
be a small addition to that. I think it would be -- we
Page 28
want to come in and do something nice there. We don't
want to, you know, take away from the [leighborhood or
whatever is existing there or anything like that.
The question has been asked me before, what
am we going to do there? Well, how this come up, I was
talking to a friend of mine, Randy Robson at Texas Bank,
and he said, you know, that would be a good spot to put a
U-sell lot. And he, himself, was looking for a place to
sell a car. You see these cars all over town on these
corners for sale, and parking lots and everything like
that. We went down to the City and see if we could start
renting spaces.
I'm not a used car dealer. I do not have a
used car dealer license. I never intend to getting a used
car dealer's license. But I would like to have the stone
zoning as next door so I can rent a space. Like, if your
daughter, as mine was, was going off to college. She
wanted to sell the car she went to high school with and
maybe upgrade to go to college in a nicer car. We needed
a place to sell that car. You would come to us. We'd
simply give you a parking spot for $50.00 for 15 days,
$75.00 for maybe 30 days. You would simply -- we would
put you on a website, take a picture of that car,
description of that car, place it on the windshield, and
you would have a safe lit area to park that car to sell.
PLANNING AND ZONING I~NUTES SEP'rI~MBER 22, 2004
Page 25 - Page 28
CondcnscItTM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
i6
17
18
19
20
21
22
23
24
25
Page 29
That's the concept of what we're trying to
do. There's already batting cages on the back of the
property. We'll probably leave those there. The Denton
Boys Baseball, which I have time boys involved in that
am using the batting cages back thea~. So the property
is well-lit. We would have to do -- we wouldn't have to
do any improvements to fl~e property to do what we're
proposing to do other than getting the parking lot
re-striped and numbering our spots that we would like .to
lease out. So that's the concept that we're trying to do.
We would like to be afforded the same
opportunities as our neighbor, having tile same
opportunities in business and things like that as the 173
acres right next to us. Once again, it's only two acres.
It's not a major amount. Our neighborrs already zoned
like that. So we would appreciate your consideration for
this. And thank you for yom' time. Do you have any
questions for me?
COMMISSIONER STRANOE: Any questions of the
applicant? Thank you very much.
MR. SPRINGER: Thank you.
COMMISSIONER SIRANGE: I would like to make
it clear again, that we are considering both Item A and B,
the Compret~ensive Plan ganenchnent and tile rezoning and I
want to make sure that staff has made all of the
Page 30
appropriate co~mnents they wan! on both the Comprehensive
Plan gJnendmen! and the rezoning issue.
MS. LIANG: Good evening, Cmmnissioners.
The applicant requested a rezoning of approximately two
ac~,~s titan NRMU-12 to CMG. The location is south of
MeKinney Street and appmximalely 700 feet west of Loop
288. And it's currently within the Neighborhood Center
Land Use Designation ia our future land use plan.
As you heard from the previous
presentation, the applicant a£so applied fez the Comp Plan
ganendment fi'om Neighbmhood Center to Conununity Mixed Us~
Activity Cenler. While the zoning request is not
compatible wilh the neighborhood center designation which
is currently in place, although Ihe applicant applied fo~
the Comp Plan ganendment, the subject sile, the church and
lhe multiple family developmenl wilhin the area serves as
a transition and buffer for the msldentia[ area further
to the nm~h and wesl.
The existing zoning allows high density
residential development and small scale conunereiai
development which will better suit lhe propose. The
rezoning application does ant conform to the existing
neighborhood center land us~ designation and is not in
compliance with the overall intent of the Comp Plan, lhe
Denton Plan. Therefore, the slaff recmmnendation is
1
2
3
4
5
6
7
$
9
t0
i1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 31
denial.
COMMISSIONER STRANGE: lhank you. And I
would ask since we are considering this as two issues,
does the applicant wish to address the zoning issue?
MR. SPRINGER: NO.
COMMISSIONER STRANGE: okay. I do have a
card for one of the persons to speak in hvor of this, Mr.
Rob Rayner.
MR. RAYNER: Mr. Chairman, before I start,
may I ask for --
COMMISSIONER STRANOE: Mr. Rayner, would
you give us your name and address, please?
MR. RAYNER: Certainly. Robert Rayner,
1200 Woodrow Lane, Suite 100.
COMMISSIONER STRANGE: Thank you.
MR. RAYNER: May I ask for file aerial
before I start, if I could.
COMMISSIONER STRANGE: Staff will assist
you there.
MR. RAWER: ~hank you very much. I'm
representing the owners of the three buildings that are
immediately to the right of the site. They comprise of
each one is 25,000 square feet. We inadvertently did not
get a card for giving our opinion. So I was asked to come
up and just tell you that we were in favor of the request
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I8
19
20
21
22
23
24
25
Page 32
of Mr. Springer for the zoning and such.
But while I'm here, I'd like to ask or just
point out a few things that I think I'd like for y'all to
consider for this zoning. It's next to what used to be, I
believe, we called the vD-St. ^nd that's what we have the
commercial zoning that this is abutting to. I think that
this tract would lend itself to that particular type of
zoning. And if you would notice the type of uses around
it, immediately to the left of it you have, yes, it's
zoned nmlti-family, but it is the entrance to the
multi-family. It's not any buildings of such at all.
And then immediately to the left of that, I
believe y'all just recently voted for a restaurant,
Church's Chicken, that will be located over in that area
as well. So we've got quite a bit of changing going on
within the area. And I think two acres for multi-family
use would be pretty hard pressed for the size of that
tract being as narrow as it is, I'd like for y'alt to
consider this zoning and I believe it would lend itself
well to the plan because many times we have adjusted that
plan because of inadvertently lines or lines that we
thought were in place, but through the years it has been
the P & Z that has seen this and has looked for the
individual that has tile landowner for the purpose of how
they can improve their property. And I hope that you will
PLANNING AND ZONING MINUTES SEPTEMBER 22, 2004
16
Page 29 - Page 32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
CondenseltTM
Page 331
look at that in the light of an improvement for this.
And as my time depreciates, once again, I'd
like for you to vote for this.
COMMISSIONER STRANGE: Thank you, Mr.
Rayner.
I have no other cards. Is there anyone
else who wishes to speak in favor of this item? i also
have no cards for anyone that wants to speak against this
itcun. Is there anyone present who wanted to speak against
this iran? Okay. Seeing no one wishing to speak against
it or additional people to speak for it, we'll close the
public hearing. Any discussion from the Conunission?
COMMISSIONER POWELL: Mr. Chair.
COMMISSIONER STRANGE: Yes, Mr. PowelL
COMMISSIONER POWELL: I'd like to ask Mr.
Rayner a question.
COMMISSIONER STRANGE: Mr. Rayncr, can you
come back down to thc front, please?
MR. RAYNER: Mr. Powell, there are no trees
on this property.
COMMISSIONER POWELL: Mr. Rayner, could you
tell me the use of the tirade properties that you said you
represented? What are they current[y being used for?
MR. RA'F~ER: They am being used for office
and the very back is being used as a dental laboratory.
PLANNING AND ZONING MINLITES
1
2
3
4
5
6
7
8
9
l0
ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Page 34
COMMISSIONER POWELL: Thank you very much.
MR. RAYNER: My pleasure. 2
COMMISSIONER STRANGE: Mr. Roy. 3
COMMISSIONER ROY: while I appreciate 4
staff's trying to hold the line on the designation area 5
for Cotmnunity Mixed Use Center, it's already significantly 6
above what our target of 30 acres is. And this proposal 7
while increases it, it is not a ma'm'ial change in my 8
mind. And so I move approval of the request to -- of Item 9
5A. 10
COMMISSIONER STRANGE: ~md I will point out 11
that even though we have discussed these as two items 12
together, we are going to vote on these separately. We 13
will vote for A and we will vote for B. So now we're 14
looking for a motion which you just made on approval of 15
Item A; do we have a second? 16
COMMISSIONER POWnLL: Yes, Mr. Chair. I 17
will second and I have a question of staff. 18
COMMISSIONER STRANGE: okay. Mr. Powell. 19
COMMISSIONER POWELL: I heard testimony 20
about a Church's Chicken there and somehow I don't 21
remember that. Did we -- did we do that? 22
COMMISSIONER WATKINS: Yes. 23
COMMISSIONER POWELL: Thank you. 24
COMMISSIONER S"fRANGE: okay. We have a 25
SEPTEMBER 22, 2004
17
(COMMISSIONER HOLT VOTING iN oPPo$1r[oN.)
~ a~ion on [~m B. wh~ i~ ~ ~ni.~ o~
COMMtSS[O~ ST~NOE: No.
COMMISS[O~ POWELL: ~ if ~ ~n'l ~n
~OMMISS[O~RST~NGE: 0~. Alt~liol~
(COMMISS[O~ HOLT VOTING IN OPPOSe[ON.)
Page 35
Page 36
Page 33 - Page 36
ORDINANCE NO.
AN ORDINANCE AMENDING THE LAND USE PLAN ELEMENT OF THE DENTON
PLAN 1999-2020 FOR THE CITY OF DENTON, TEXAS FROM NEIGHBORHOOD
CENTERS TO COMMUNITY MIXED USE CENTERS PETAINING TO APPROXIMATELY
2.0 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF E. MCKINNEY
STREET AND 700' WEST OF LOOP 288; PROVIDING A SAVINGS AND REPEAL
CLAUSE; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04-
0002)
WHEREAS, Brad Springer applied for a comprehensive plan amendment to the tand use
plan element of the Denton Plan for approximately 2.0 acres of land, which is more particularly
described in Exhibit "A" attached hereto and made a part hereof by reference, from
Neighborhood Centers to Community Mixed Use Centers (the "Land Use Plan Amendment');
and
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-
2020; and
WHEREAS, on September 22, 2004, the Planning and Zoning Commission held a public
hearing and recommended approval of the Land Use Plan Amendment; and
WHEREAS, the City Council, after a public hearing on November 2, 2004, finds that the
recommended Land Use Plan Amendment is in the best interests of the health, safety and general
welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Land Use Plan Amendment to the
Denton Plan, 1999-2020.
SECTION 3. All ordinances or parts of ordinances in force when the provisions of this
ordinance became 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 only. The non-
conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 5. The City staff is directed to change the land use plan map to the Denton
Plan in conformity with the Land Use Plan Amendment. Until such map change is made a copy
Page 1
of this ordinance shall be attached to the Denton Plan, 1999-2020 showing the Land Use Plan
Amendment.
SECTION 6: This ordinance shall become effective immediately upon its passage and
'approval.
PASSED AND APPROVED this the
__ day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAI/tFORM:
BY:
Page 2
EXHIBIT "A'
The Land Use Plan Amendment encompasses approximately 2.0 acres, which is legally
described as Lot 1, Block A, Putt-Putt Golf and Games Addition in the City of Denton, Denton
County, Texas and the location of which is generally depicted on the Location Map.
LOCATION MAP
Page 3
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
November 2, 2004
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT - Z04-0032 (3520 E. McKinney)
Hold a public hearing and consider adoption of an ordinance rezoning approximately 2 acres
from the Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district to the Community
Mixed Use General (CM-G) zoning. The site is south of McKinney Street, and approximately
700 feet west of Loop 288. The Planning and Zoning Commission recommends approval.
BACKGROUND
Applicam: Brad Springer DeNon, TX
The applicam requests to rezone the subject property from Neighborhood Residemial Mixed Use
12 (NRMU-12)to Community Mixed Use General (CM-G).
This proposal is associated with a comprehensive plan amendmem (CA04-0002) from
'Neighborhood Cemer' to 'Community Mixed Use Activity Cemer' at the same location.
Public notification and property owner responses are provided in Attachmem 3. As of this
writing, staff has not received any written responses from property owners within 200 feet of the
subject site.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-1, Holt opposed).
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
See Staff Analysis (Attachment 1).
ESTIMATED PROJECT SCHEDULE
The subject property is platted. A building permit may be issued provided that the proposed use
is permitted.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map)
4. Site Photo
5. Aerial
6. Application Letter
7. Letter of Opposition
8. September 22nd P&Z Meeting Minutes
9. Ordinance
Prepared by:
Chingyun (Kay) Liang
Planner I
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicant requests to rezone approximately 2 acres from the Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district to the Community Mixed Use General (CM-G)
zoning district. The proposed zoning change would permit auto and RV sales. The applicant is
proposing a used car sale facility. This proposal is associated with CA04-0002, a comprehensive
plan amendmem from 'Neighborhood Cemer' to 'Community Mixed Use Activity Cemer' at the
same location.
Existing Condition of Property
The subject property was zoned Agriculture prior to the adoption of the DeNon
Development Code.
On February 21, 1989, an SUP was approved for a miniature golf facility, which curremly exists
on the site.
Adjacem Zoning
North:
South:
East:
West:
Neighborhood Residemial 4 (NR-4), Church
Neighborhood Residemial Mixed Use 12 (NRMU-12), Multi-Family
Community Mixed Use General (CM-G), Office
Neighborhood Residemial Mixed Use 12 (NRMU- 12), Multi-Family
Comprehensive Plan Analysis
The subject site is located in the "Neighborhood Center" future land use area. The Denton
Plan states, "The focus area of a neighborhood center contains facilities vital to the day-to-day
activity of the neighborhood. A neighborhood cemer might comain a convenience store, small
restauram, personal service shops, church or synagogue, daycare, individual office space, a small
park, and perhaps an elememary school." The permitted uses within the Community Mixed Use
General (CM-G) zoning district are not compatible with the imem of Neighborhood Cemer
within the Denton Plan. The request to rezone the subject property is not compatible with the
Future Land Use Plan (Neighborhood Cemer).
The applicant also requests a comprehensive plan amendment from Neighborhood Center to
Community Mixed Use Activity Cemer. Although the proposed rezoning would be compatible
with the imem of Community Mixed Use Activity Cemer, uses permitted in the Community
Mixed Use zoning district, comparing to those allowed in the Neighborhood Residemial Mixed
Use 12 zoning district, are not compatible with the surrounding residemial and light commercial
uses. The subject property and the multiple-family development to the west of the site serve as a
transition area and buffer into the residential area to the north and west. The existing NRMU-12
zoning allows higher density residemial developmem and small-scale commercial developmems,
which will better suit the purpose.
One of the primary commercial land-use principles identified in the Denton Plan is quality. The
quality of development, particularly commercial development along the city's corridors, is a
significant factor in the quality of neighborhoods, the urban environment, and the sustainability
of structures. McKinney Street serves as one of the entryways into downtown Denton. Efforts
should be made to preserve or improve the streetscapes. In addition to the enforcement of design
standards, uses allowed in NRMU-12 zoning district require greater landscape coverage and
setback requirements, which support this land-use principle.
The proposed zoning change is not in compliance with the overall intent of the Denton Plan.
Development Review Analysis
Access
Access to the subject site is from McKinney Street, which is classified as a Primary Major
Arterial.
Public Infrastructure
Public utilities are in place to serve the site.
Development Code / Zoning Analysis
The requested zoning change from NRMU-12 to CM-G would allow the use of auto and RV
sales. A comparison between uses allowed in the NRMU-12 and CM-G zoning districts is
provided in the following chart. The proposed zoning change would prohibit further residential
developments and encourage most of the uses included in the commercial land use categories.
Retail, professional services, and offices are permitted within the existing NRMU-12 zoning and
encouraged in the Neighborhood Centers. The proposed rezoning would further allow more
intense commercial land uses such as the auto-oriented businesses.
Single Family Dwellings P N
Accessory Dwelling Units L(1) N
Attached Single Family Dwellings P N
Duplexes P N
Group Homes SUP N
Multi-Family Dwellings P L(6)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Home Occupation P N
Hotels N P
Motels N P
Bed and Breakfast L(10) P
Retail Sales and Service L(15) P
Movie Theaters N SUP
Restaurant or Private Club N P
Drive-through Facility N P
Professional Services and Offices L(14) P
Quick Vehicle Servicing N P
Vehicle Repair N P
Auto and RV Sales N P
Outdoor Recreation SUP P
Indoor Recreation N P
Major Event Entertainment N SUP
Commercial Parking Lots N P
Administrative or Research Facilities N P
Broadcasting of Production Studio N P
P-- Permitted, N--not permitted, SUP-- Specific Use Permit
Required, L(X) -- Limited as defined in Section 35.5.8
'I'
Printing / Publishing N P
Bakeries N P
Veterinary Clinics N P
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
Basic Utilities L(25) SUP
Semi-public, Halls, Clubs, and Lodges L(15) P
Business / Trade School N P
Kindergarten, Elementary School P N
Middle School P N
Colleges N P
Elderly Housing L(13) N
Medical Centers N P
Mortuaries N P
P-- Permitted, N--not permitted, SUP-- Specific Use Permit
Required, L(X) -- Limited as defined in Section 35.5.8
Minimum lot area (square feet) 3,500 2,500
Minimum lot width 30 feet 50 feet
Minimum lot depth 80 feet 50 feet
Minimum front yard setback 10 feet None
Minimum side yard 6 feet None
Minimum side yard adjacent to a street 10 feet None
Minimum yard abutting a residential use
10 feet 20 feet
or district
Maximum FAR N/A 1.5
Minimum residential unit size 500 MF
5OO
(square feet) 900 SF
Maximum lot coverage 60% 80%
Minimum landscaped area 40% 20%
Maximum building height 40 feet 65 feet
15 feet
plus 1
foot for
each
Minimum yard when abutting a single- foot of N/A
family district building
height
above
20 feet
Maximum density, dwelling units per acre 12 N/A
(subdivision over 2 acres)
Minimum side yard for non-attached
10 feet N/A
buildings (subdivision over 2 acres)
L(1) - Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform to the overall maximum lot coverage and setback requirements of the
underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure sh~Jl not
exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft.
GHFA unless the lot meets the requirements of L(1).5.
4. ()ne addition~J parking space shall be provided that conforms to the off-street parking provisions of
this Chapter.
5. The maximum gross habitable floor area (GHFA) of the accessory residential structure sh~l not
exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or ~eater
than ten acres in size. An SUP is not required for such an accessory residential structure where the lot
size is equal to or greater than ten acres.
L(6) = Permitted only on 2nd story and above, when an office, retail, or other permitted commercial use is on the
ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required.
L(8) - Travelers' accommodations, are permitted, provided that:
1. The business-o~vner or manager shall be required to reside on the property occupied by the
accommodation, or adjacent property.
2. That each accommodation unit shall have i off-street parking space, and the oxvners shall have 2
parking spaces. All spaces shall be in conformance xvith the requirements of the Off-Street
Parking section of this Chapter.
3. That only one ground or xvall sign, constructed of a non-plastic material, non-interior illuminated
of 4 sq. ft. maximum size be alloxved. Any exterior illumination of signage shall be installed such
that it does not directly illuminate any residenti~2 structures adjacent or nearby the travelers'
accommodation.
4. That the number of accommodation units alloxved shall be proportional to the permitted density
of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of
calculating the permitted number of traveler's accommodations.
5. All traveler's accommodations shall be xvitNn 200 feet of a collector or arterial. Street
designations shall be as determined by the City Comprehensive Plan. Distances shall be
measured via public street or ~21ey access to the site from the arterial.
6. Excluding the business-oxvner's unit and the area of the structure it xvill occupy, there must be at
least 400 sq. ft. of gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest units.
L(10) - All restrictions of L(8), but limited to no more than 5 guest units.
L(13) - Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(14) - Uses are limited to no more than 10,000 square feet of gross floor area.
L(15) - Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for
additional square footage for Semi-Public Halls, Clubs and Lodges.
L(25) - If proposed use is within 200 feet ora residential zone, approval is subject to a Specific Use Permit.
Staff Findin~
The proposed zoning change is not compatible with the Neighborhood Center future land use
designation, and will not serve as a better land use transition for the existing neighborhood.
The proposed zoning is not in compliance with the intent of the Denton Plan.
Staff Recommendation
Based on the above findings, staff recommends denial of the requested zoning change.
ATTACHMENT 2
Location/Zoning Map
NORTH
Land Use Map
ATTACHMENT 3
Notification Map
NORTH
~ -~_ ~ ~ ~~~- Limits of 500'
~ ~ ~ ~ ~~ ~ Notification
Limits of 200'
Notification ~%~-~
Scale: None
Public Notification Date: September 8, 2004
200' Legal Notices* sent via Certified Mail: 7
Number of responses to 200' Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
Or)r)osition' 0%
*A copy of the notification list can be obtained at
City Hall West, 221 N. Elm Denton TX 76201
10
ATTACHMENT 4
Photo 1: View of subject property from McKinney.
ATTACHMENT 5
Aerial Photo
ATTACHMENT 6
Br~ Springer (~r/A~H~)
8181 E. Me~y St,
~nto~ ~ 76208
City of Denton
P~r~g and Development ~pa~nt
C~ Hail Wea
221 N, Elm
Dento~ TX 76201
To ~om It Mxy Corm:
'his lett~ oflntent for a ~g e~e is for t~ pro~rty ~cated at:
3520 E. Me~ey St.
~on, Texas
The property is p~ntly ~rgd ~ Y~J-12 and w~ fom~ty "Putt P~ G-off &
G~s". The ~d mn~ district is CM~G~
T~ exist[~ hcility'~ used for corv~rcial recreational pu~oms. We wouM l~e to
utili~ the exi~hg facilities for new ~. ~e tuning that we are requ~ing is ally h
place ~xt door to us, ~s would allow us m ~e ~e ~arby ~i~borho~ by offering
~itb~l ~rvlc~s while staying co~istent w~h t~ ~reial fabr~ oftl~ a~
Many possibilities are ~ing e~ ~r the ~ of this property. Om potential use that
we are resemc~_g ~ to put in a "~-~1I" facility. T~ exi~ing pro~ ~ building
wouB ~ made avaiI~b to imtivid~ls m rent a s~ to ~11 their vehic~, R_V., ~
etc. The area is easily accessible, well lit, ~u~ and safe. We ~,,:e discms~ this wit,5
Co& E~orcemenm aM believe that a x~eit~y like ~is would be benefi¢~i for the ~
~ enti.,e ci~ of Denton.
All utiliti~ ~ already in place ~ or&r to serve t~is pamek No new utilities
ant~ipa~.
Thank you for your eonsideratbn offf~ ~ni~ change.
Sinc~ly,
B~ Spiller
ATTACHMENT 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
t7
18
19
20
21
22
23
24
25
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2o
21
22
23
24
25
CondcnscltTM
Page 25
COMMISSIONER STRAN(~E: We now n-tore on to
public hearings which will give the Conunission an
opportunity to make a rcco~mnendafioa to the City Council.
The first item that we have as a public hearing is the
Comprehensive Plan Amendment to approximately two acres of
land from Neighborhood Center to Community Mixed Use
Center. The property is generally located south of
McKinney Street and approximately 700 feet west of Loop
288. We will open the public hearing and ask staff to
come forward and make their presentation.
MS. TIIOPPIL: Good evening again. My name
is Gincy Thoppil, Planner in the Planning and Development
Department. Through the case c&-o4-0002, the applicant is
requesting for a Comprehensive Plan Amendment for the
two-acre site located on east McKinney Street and
approximately 700 feet west of Loop 288, colmnonly known as
the site with Putt-Putt Golf facility.
This case also coincides with the zoning
change request, the next item on the Agenda.
COMMISSIONER STRANGE: And I think for oar
purposes, we will consider these as one item.
MS. THOPP[L: with thc adoption of the
Denton Development Code in 2002, the subject property was
rezoned to Neighbhorhood Residential Mixed Use 12.
COMMISSIONER SIR^NeE: EXCUSe mc for
Page 26
inlerrupting. Based on the advice of counsel, I think we
need to get the Co~mnission~s approval to combine these two
items before we go any further.
Ma. SW~OeR' ^11 yOU really need to say if
there's no objection.
COMMISSIONER STRANOE: IS tll~'~O IlO
objection? No objection. We'll go forward.
MS. THOPPIL: All right. With the
adoption of the Denton Development Code in 2002, the
subject property was rezoned to Neighbhorhood Residential
Mixed Use 12, NRMU-12 Zoning District. Prior to that} it
was zoned Agricultural. The applicant is requesting a
Comprehensive Plan Amendment from Neighborhood Centers
Co~mnunity Mixed Use Centers Land Use Designation.
According to the Denton Plan, the typical
land area for a Community Mixed Use Center is up to 30
acres. Tile typical service area is up to eight square
miles. And the typical service population is up to 40,000
people. As you can see in this map, there are two large
Cmrmmnity Mixed Use centers, just 4,900 feet away. So
thcr~'s a large overlap of their right square mile service
area.
The proposed amendment of thc subject site
exlends the Conmmnity Mixed Use Center from the west
towards tile established ,~;ghborhoods increasing that
2
3
4
5
6
7
8
9
10
1
2
13
14
15
16
17
18
19
20
21
22
23
24
25
1
3
4
5
6
7
8
9
10
11
12
tc 13
14
15
6
.7
19
2O
21
22
23
Page 27
overlap still more, even though it's very slight. And the
site is only two acres.
Staff has received no responses to the 200
and the 500 foot notifications that were sent out. And
this is the aerial and site photograph. As you see, there
is an existing facility of Pug-Putt Golf, but it's not
cun~ently used and it's existing parking. Any questions9.
COMMISSIONER STRANGE: Any questions of
staff?. Seeing none, is there anyone else h~re -- would
the applicaut like to come forward and speak on this item?
Ma. S?aINOE~: Thank you very much. My
name's Brad Springer. I own the property. And I like the
property a whole lot. We're real proud of it and I think
it's a beautiful piece of property. As we wca, e trying to
decide what to do with tile property, we thought of a lot
of avenues and one thing that come to mind was getting it
rezoned where we'd have all of the stone benefits as our
neighbor.
We found out that our property wasn't the
CMO zoning that our neighbor was. And we were looking at
a few avenues, a few opportunities that that might be used
for. We are realizing that we're coming before you and
not asking that we're getting any spot zoning. The 173
acres next to us, adding oar two acres to that would only
be a small addition to that. I think it would be -- we
Page 28
want to come in and do something nice there. We don't
want to, you know, take away from the [leighborhood or
whatever is existing there or anything like that.
The question has been asked me before, what
am we going to do there? Well, how this come up, I was
talking to a friend of mine, Randy Robson at Texas Bank,
and he said, you know, that would be a good spot to put a
U-sell lot. And he, himself, was looking for a place to
sell a car. You see these cars all over town on these
corners for sale, and parking lots and everything like
that. We went down to the City and see if we could start
renting spaces.
I'm not a used car dealer. I do not have a
used car dealer license. I never intend to getting a used
car dealer's license. But I would like to have the stone
zoning as next door so I can rent a space. Like, if your
daughter, as mine was, was going off to college. She
wanted to sell the car she went to high school with and
maybe upgrade to go to college in a nicer car. We needed
a place to sell that car. You would come to us. We'd
simply give you a parking spot for $50.00 for 15 days,
$75.00 for maybe 30 days. You would simply -- we would
put you on a website, take a picture of that car,
description of that car, place it on the windshield, and
you would have a safe lit area to park that car to sell.
PLANNING AND ZONING I~NUTES SEP'rI~MBER 22, 2004
Page 25 - Page 28
CondcnscItTM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
i6
17
18
19
20
21
22
23
24
25
Page 29
That's the concept of what we're trying to
do. Thea~e's already batting cages on the back of the
property. We'll probably leave those there. The Denton
Boys Baseball, which I have time boys involved in that
am using the batting cages back there. So the property
is well-lit. We would have to do -- we wouldn't have to
do any improvements to fl~e prop~y to do what we're
proposing to do other than getting the parking lot
re-striped and numbering our spots that we would like .to
lease out. So that's the concept that we're trying to do.
We would like to be afforded the same
opportunities as our neighbor, having tile same
opportunities in business and things like that as the 173
acres right next to us. Once again, it's only two acres.
It's not a major amount. Our neighborrs already zoned
like that. So we would appreciate your consideration for
this. And thank you for yom' time. Do you have any
questions for me?
COMMISSIONER STKANOE: Any questions of the
applicant? Thank you very much.
MR. SPRINGER: Thank you.
COMMISSIONER SI'RANGE: I would like to make
it clear again, that we are considering both Item A and B,
the Compret~ensive Plan ganenchnent and tile rezoning and I
want to make sure that staff has made all of the
Page 30
appropriate co~mnents they want on both the Comprehensive
Plan AJnendmen! and the rezoning issue.
MS. LtAN~: aced evening, Cmmnissioners.
The applicant requested a rezoning of approximatety two
ac~,es titan NRMU-12 to CMG. The location is soulh of
McKinsey Street and approximately 700 feet west of Loop
288. And it's currently within the Neighborhood Center
Land Use Designation in our future land use plan.
As you heard from the previous
presentation, lhe applicant a£so applied for the Comp Plan
ganendment fi'om Neighbmhood Center to Conununity Mixed Use
Activity Cenler. While the zoning request is not
compatible with the neighborhood center designation which
is currently in place, although the applicant applied fo~
the Comp Ptan gauendment, the subject site~ the church and
the multiple family development wilhin the area serves as
a transition and buffer for the ~esldentia[ axea further
to the nm~h and west.
The existing zoning allows high density
residential development and small scale conunereia[
development which will better sui~ lhe propose. The
rezoning application does act conform to the existing
neighborhood center land use designation and is not in
compliance with the ovexall intent of the Comp Plan, the
Denton Plan. Therefore, the slaff recmmnendation is
1
2
3
4
5
6
7
$
9
t0
i1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I8
19
20
21
22
23
24
25
Page 31
denial.
COMMISSIONER STRANGE: lhank you. And I
would ask since we are considering this as two issues,
does the applicant wish to address the zoning issue?
MR. SPRINGER: NO.
COMMISSIONER STRANGE: okay. I do have a
card for one of the persons to speak in favor of this, Mr.
Rob Rayner.
MR. RAYNER: Mr. Chairman, before I start,
may I ask for --
COMMISSIONER STRANOE: Mr. Rayner, would
you give us your name and address, please?
MR. RAYNER: Certainly. Robert Rayner,
1200 Woodrow Lane, Suite 100.
COMMISSIONER STRANGE: Thank you.
MR. RAYNER: May I ask for the aerial
before I start, if I could.
COMMISSIONER STRANGE: Staff will assist
you there.
MR. RAVNER: xhank you very much. I'm
representing the owners of the three buildings that are
immediately to the right of the site. They comprise of
each one is 25,000 square feet. We inadvertently did not
get a card for giving our opinion. So I was asked to come
up and just tell you that we were in favor of the request
Page 32
of Mr. Spring~ for the zoning and such.
But while I'm here, I'd like to ask or just
point out a few things that I think I'd like for y'all to
consider for this zoning. It's next to what used to be, I
believe, we called tile eo-~t. ^nd that's what we have the
commercial zoning that this is abutting to. I think that
this tract would lend itself to that particular type of
zoning. And if you would notice the type of uses around
it, immediately to the left of it you have, yes, it's
zonexl nmlti-family, but it is the entrance to the
multi-family. It's not any buildings of such at all.
And then immediately to the left of that, I
believe y'all just recently voted for a restaurant,
Church's Chicken, that will be located over in that area
as well. So we've got quite a bit of changing going on
within the area. And I think two acres for multi-family
use would be pretty hard pressed for the size of that
tract being as narrow as it is, I'd like for y'alt to
consider this zoning and I believe it would lend itself
well to the plan because many times we have adjusted that
plan because of inadvertently lines or lines that we
thought were in place, but through the years it has been
the P & Z that has seen this and has looked for the
individual that has tile landowner for the purpose of how
they can improve their property. And I hope that you will
PLANNING AND ZONING MINUTES SEPTEMBER 22, 2004 Page 29 - Page 32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
CondenseltTM
Page 331
look at that in the light of an improvement for this.
And as my time depreciates, once again, I'd
like for you to vote for this.
COMMISSIONER STRANGE: Thank you, Mr.
Rayner.
I have no other cards. Is there anyone
else who wishes to speak in favor of this item? i also
have no cards for anyone that wants to speak against this
itcun. Is there anyone present who wanted to speak against
this iran? Okay. Seeing no one wishing to speak against
it or additional people to speak for it, we'll close the
public hearing. Any discussion from the Conunission?
COMMISSIONER POWELL: Mr. Chair.
COMMISSIONER STRANGE: Yes, Mr. PowelL
COMMISSIONER POWELL: I'd like to ask Mr.
Rayner a question.
COMMISSIONER STRANGE: Mr. Rayncr, can you
come back down to thc front, please?
MR. RAYNER: Mr. Powell, there are no trees
on this property.
COMMISSIONER POWELL: Mr. Rayner, could you
tell me the use of the tirade properties that you said you
represented? What are they current[y being used for?
MR. RA'F~ER: They am being used for office
and the very back is being used as a dental laboratory.
PLANNING AND ZONING MINLITES
1
2
3
4
5
6
7
8
9
l0
ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Page 34
COMMISSIONER POWELL: Thank you very much.
MR. RAYNER: My pleasure. 2
COMMISSIONER STRANGE: Mr. Roy. 3
COMMISSIONER ROY: while I appreciate 4
staff's trying to hold the line on the designation area 5
for Cotmnunity Mixed Use Center, it's already significantly 6
above what our target of 30 acres is. And this proposal 7
while increases it, it is not a ma'm'ial change in my 8
mind. And so I move approval of the request to -- of Item 9
5A. 10
COMMISSIONER STRANGE: ~md I will point out 11
that even though we have discussed these as two items 12
together, we are going to vote on these separately. We 13
will vote for A and we will vote for B. So now we're 14
looking for a motion which you just made on approval of 15
Item A; do we have a second? 16
COMMISSIONER POWnLL: Yes, Mr. Chair. I 17
will second and I have a question of staff. 18
COMMISSIONER STRANGE: okay. Mr. Powell. 19
COMMISSIONER POWELL: I heard testimony 20
about a Church's Chicken there and somehow I don't 21
remember that. Did we -- did we do that? 22
COMMISSIONER WATKINS: Yes. 23
COMMISSIONER POWELL: Thank you. 24
COMMISSIONER S"fRANGE: okay. We have a 25
SEPTEMBER 22, 2004
(COMMISSIONER HOLT VOTING iN oPPo$1r[oN.)
~ a~ion on [~m B. wh~ i~ ~ ~ni.~ o~
COMMtSS[O~ ST~NOE: No.
COMMISS[O~ POWELL: ~ if ~ ~n'l ~n
~OMMISS[O~RST~NGE: 0~. Alt~liol~
(COMMISS[O~ HOLT VOTING IN OPPOSe[ON.)
Page 35
Page 36
Page 33 - Page 36
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE .FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMUNITY MIXED USE
GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 2 ACRES OF LAND LOCATED GENERALLY ADJACENT TO THE
SOUTH LINE OF MCKINNEY STREET, APPROXIMATELY 700 FEET WEST OF LOOP 288
AND LEGALLY DESCRIBED AS LOT 1, BLOCK A, PUTT-PUTT GOLF AND GAMES
ADDITION IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILiTY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0032)
WHEREAS, Brad Springer has applied for a change in zoning for approximately 2 acres of
land legally described as Lot 1, Block A, Putt-Putt Golf and Games Addition, an addition to the City
of Denton, Texas (the "Property") fi'om Neighborhood Residential Mixed Use 12 (NRMU-12)
zoning district classification and use designation to Community Mixed Use General (CM-G) zoning
district classification and use designation; and
WHEREAS, on September 22, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the Property is hereby
changed from Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification
and use designation to Community Mixed Use General (CM-G) zoning district classification and
l~se.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or apphcations, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
__ day of ., 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCMACM:
November 2, 2004
Police
Jon Fortune, Assistant City Manager
SUBJECT: Consider adoption of an Ordinance of the City of DeNon, Texas amending
the provisions of Chapter 20 by amending Article II titled "Abandoned Property" by
changing the name of Article II to "Junk Vehicles" and by replacing Section 20-41 and
20-47; by deleting Article III entitled "Grass and Weeds" in its entirety and replacing it
with a new Article III titled "Weeds and Grass and Unsightly or Unsanitary Matter"'
providing for a severability clause; providing 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: On July 20, 2004, staff presemed a comprehensive review of the
ordinances, procedures and programs related to property appearance and Code
Enforcement. The presentation contained many issues that have been the subject of
growing concern and interest within the community. Other issues, specifically the
enforcement process, have been recognized by staff as hindrances to the efficient and
effective achievemem of compliance with currem property appearance standards.
Staff was requested to prepare a matrix of the issues and return for further direction. On
October 13, 2004, Council reviewed the matrix of issues and proposed ordinances and
revisions to currem ordinances that would, in staff's opinion, effectively address these
issues. The proposed ordinances were developed after a review of existing ordinances
throughout the North Texas area. Council directed staff to bring the ordinances and
ordinance revisions listed below to a regular session for adoption.
More Detailed Definition of Junked Vehicles. The currem ordinance provides a
definition of junked vehicles, but does not address numerous situations related to
vehicles and vehicle parts that are the subject of frequent complaints and detract
from the appearance of neighborhoods. The proposed ordinance provides a
definition of inoperable motor vehicle that expressly includes one or more flat
tires and a definition of an inoperable vehicle that includes vehicles without
motors, trailers, campers, camper shells, and wheeled towing frames that are not
in operating condition. (Section 20-41)
Reduce Definition of Junked Vehicle to 30 Days. The definition of a junked
vehicle in the current ordinance mirrored state law. One of the criteria for a
junked vehicle is that it has remained inoperable for a cominuous period of more
than forty-five days. State law was recently revised to reduce the period that a
vehicle is inoperable to thirty days and the proposed ordinance simply mirrors that
revision. This proposed change would facilitate more efficient enforcement.
(Section 20-41(b)(2)(b))
o
Prohibit Screening of Junked Vehicles. The current ordinance allows for the
screening of junked vehicles by means of a fence, rapidly growing trees,
shrubbery or other appropriate means. Overtime, this has evolved to allow for the
use of car covers and tarps that wear out or tear or do not cover the vehicle
completely. The proposed ordinance will require owners to screen inoperable
vehicles from public view by means of a solid opaque fence or by enclosing them
in a building. It expressly states that "in no case shall any cover placed over a
vehicle constitute adequate screening." Additionally, owners are prohibited from
maintaining more than two inoperable vehicles, inoperable motor vehicles or
junked vehicles upon their property. (Section 20-47)
"Owner" Includes "Tenant". Currently, enforcement action can only be taken
against the owner of a property. Therefore, tenants who are usually responsible
for mowing and are normally the source of violations involving trash and debris
and junked vehicles cannot be prosecuted nor can they be charged for City-
incurred costs of abating violations. This proposed change will allow for the
prosecution of tenants in such cases, which would lead to increased compliance.
(Section 20-71)
o
Low-Hanging Tree Limbs. Currently, there is no ordinance requiring property
owners to maintain the limbs of their trees in a manner that prevents them from
becoming a hazard for passing motorists and pedestrians, or a view obstruction at
intersections. The proposed ordinance will require owners to maintain tree limbs
at a height of 12 feet above the alley or street pavement and seven feet above the
sidewalk and other rights-of-way. (Section 20-72(c))
o
Mowing Requirements for Property. The current ordinance prohibits grass and
weeds that are over 12 inches high. It requires owners to mow 100 feet from the
edge of any open street or all area from the street to any fence on the property,
whichever distance is less. If a parcel of land is over two acres, the owner is only
required to mow 100 feet from an adjacent property, under different ownership,
that contains habitable buildings.
The proposed ordinance will require any parcel of property under 20 acres to be
mowed in its entirety. If the property is 20 acres or more, owners are required to
mow at least 100 feet from any open public street or thoroughfare and at least 100
feet from any adjacent property, under different ownership, on which a building
or other improvement exists.(Section 20-72(b)) Council expressed concern about
the number of owners this change might affect. According to the Planning
Department, there are 36,226 parcels of land in the City. Of those, 35,639 are 20
acres or less, with 1,465 parcels between 2 and 20 acres. Based on this data, the
current ordinance requires that 94 percent of all parcels be completely mowed. If
adopted, the new requirement to mow all of a parcel of less than 20 acres will
affect approximately 4 percent of all parcels in the City.
Council expressed concern about the adverse impact of requiring owners of
property used for agricultural purposes, such as the growing of hay, to mow a
specific distance from the street or adjacent property line. The current ordinance
allows hay to grow to any height provided that it is located no closer than 20 feet
to an adjacent property. The proposed ordinance was revised to require owners to
mow hay that is within 20 feet of an adjacent property only when the property is
owned by another person and contains existing buildings or other improvements
and to mow any vegetation that is within 10 feet of any public road to prevent
obstructions to pedestrians or motorists. (Section 20-92(b))
o
Require Mowing of Right-of-Way and Alleyways. While property owners are
responsible for maintaining the right-of-way and alleyways of their property, it is
not uncommon for owners to refuse to mow these areas because they believe that
the City should maintain these areas since they control their use. The proposed
ordinance clarifies this responsibility and expressly requires such maintenance.
(Section 20-91(b)&(c))
o
More Detailed Definition of Trash and Debris. The current ordinance provides an
inadequate definition of trash and debris that has been deemed vague during
prosecution. Additionally, violators do not always consider their property to be
trash or debris and will often refer directly to the current ordinance to show that
the items in question are not included in the definition of trash and debris. The
proposed ordinance contains an extremely detailed list of items that names most
every item that could be considered trash and debris which would assist in the
successful prosecution of such cases. (Section 20- 71)
Violations Visible From Another's Property. The current ordinance requires that,
to be a violation, trash and debris must be visible from the public right-of-way.
This provision of the law significantly hinders enforcement and prosecution of
these cases, as there are numerous locations where significant trash and debris is
maintained on property in locations that cannot be seen from the public right-of-
way, but is clearly visible from adjacent property. Additionally, some property
owners work to screen the trash and debris from public view once they are
notified of a violation. The proposed ordinance only requires that the trash and
debris be visible from another's property rather than from the public right-of-way.
(Section 20-111)
10. Reduce the Time Required in the Enforcement Process. The current process is
lengthy and requires numerous notifications before the City can initiate abatement
or take other enforcement action. Council directed staff to revise the proposed
ordinance to provide one notification of a violation to the property owner. If the
violation is not abated within seven days, enforcement action will be authorized
without additional notifications to the owner. Additionally, the City will be able
to initiate corrective action if a violation was observed within the following
twelve months with no notification to the owner. (Section 20-132 - 20-134)
11.
Revise Appeal Hearing Process. Staff originally proposed revising the current
appeal of mowing fees to provide for a hearing before the city manager rather
than the City Council. Council directed staff to maintain the current appeal
process. The proposed ordinance was revised to reflect the current process.
(Section 20-134(d))
12.
Dangerous Weeds Provision. The current ordinance requires that a lengthy
process of notification to the owner be followed regardless of the height of the
grass and weeds. Extremely high grass and weeds present a significant health
hazard to adjacent residents with the resulting snakes and rats that routinely
emerge from such overgrown lots into adjacent yards. The proposed ordinance
would allow the City to abate a violation without notice to the owner for grass and
weeds that are over 48 inches high and are an immediate danger to the health, life,
or safety of any person. (Section 20-135)
At the direction of Council, several provisions of the proposed ordinances were deleted
from the originally proposed ordinance. Article IV, "Garage Sales," and Article V,
"Certain Parking Vehicles," were deleted pending further discussion and Council
direction. Council expressed concern regarding the strict nature of Section 20-114
("Maintenance of fences") and the provisions of Division 3 ("Unsightly or Unsanitary
Matter") related to stagnant water and the enforcement of those sections. Staff has been
unable to develop revisions to those sections that will address Council's concerns, but be
strict enough to be effective. Staff will bring these issues to a work session in the near
future.
OPTIONS:
1. The Council can adopt the proposed ordinances.
2. The Council can choose not to adopt the proposed ordinance.
RECOMMENDATION:
Staff recommends adoption of the proposed ordinances.
PRIOR ACTION/REVIEW:
Council reviewed the ordinances on October 13, 2004 and gave staff direction to proceed.
The Legal Department has reviewed and approved the ordinances as to form and content.
FISCAL IMPACT:
The enforcement of these ordinances may result in additional revenue, at least initially,
and the reduction in the number of notifications should reduce expenditures. However,
the desired result is increased compliance that will require no enforcement action beyond
the initial notification which will result in no additional revenue. Therefore, it is difficult
to estimate what, if any, additional revenue may be realized.
Respectfully submitted,
Charles ~iley ~
Chief of Police
Prepared by:
Joanie Housewright
Captain
Operations Bureau
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 20 BY AMENDING ARTICLE II TITLED "ABANDONED PROPERTY" BY
CHANGING THE NAME OF ARTICLE II TO "JUNK VEHICLES" AND BY REPLACING
SECTION 20-41 AND 20-47; BY DELETING ARTICLE III ENTITLED "GRASS AND
WEEDS" IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE III TITLED
"WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER"; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING 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.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article II titled "Abandoned Property" of Chapter 20 of the Code of
Ordinances of the City of Denton be amended by changing the title of Article II to "Junk
Vehicles" and by amending Section 20-41 to read as follows:
ARTICLE II. JUNK VEHICLES
Sec. 20-41. Definitions.
Inoperable motor vehicle means a motor vehicle that does not have lawfully affixed either an
unexpired license plate or a valid motor vehicle safety inspection certificate, or a vehicle that is
not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or
has one or more flat tires.
Inoperable vehicle means a vehicle without a motor, including but not limited to trailers,
campers, camper shells, and wheeled towing frames, that is not in operating condition because it
is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires.
Junk vehicle means a vehicle that is self-propelled and:
(a) Does not have lawfully attached to it:
(1) An unexpired license plate; or
(2) A valid motor vehicle inspection certificate; and
(b) Is:
(1) Wrecked, dismantled or partially dismantled, or discarded; or
(2) Inoperable and has remained inoperable for more than:
a. Forty-eight consecutive hours, if the vehicle is on public property; or
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
Thirty consecutive days, if the vehicle is on private property; as
defined in the Texas Transportation Code Annotated Section
683.071.
SECTION 2. Section 20-47 of Article II titled "Junk Vehicles" of Chapter 20 of the
Code of Ordinances of the City of Denton be amended to read as follows:
Sec. 20-47. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public
nuisance; maintaining public nuisance prohibited.
(a)
An inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible from
a public place or public right-of-way and/or is considered detrimental to the safety
and welfare of the general public, tends to reduce the value of private property,
invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to
the health and safety of minors, produces urban blight adverse to the maintenance
and continuing development of the city, and is declared to be a public nuisance.
(b)
It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to maintain a public
nuisance as determined under this section.
(c)
It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to have more than two
inoperable vehicles, inoperable motor vehicles or junked vehicles upon their
property.
(d)
Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened
from any public place or public right-of-way by means of a solid opaque fence or
shall be enclosed within a building. In no case shall any cover placed over a vehicle
constitute adequate screening.
(e) An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part
may be disposed of by removal to a scrap yard, demolisher or any suitable site.
(f) It shall be construed that a vehicle that is not demonstrated to be operable upon
request of the designated city official is an inoperable vehicle.
(g) An inoperable motor vehicle that remains inoperable for more than 30 consecutive
days becomes a junked vehicle.
(h) Neither allegation nor evidence of a culpable mental state is required for the proof of
an offense defined by this article.
SECTION 3. Article III titled "Grass and Weeds" of Chapter 20 of the Code of
Ordinances of the City of Denton be repealed in its entirety and replaced with a new Article III
titled "Weeds and Grass and unsightly or Unsanitary Matter" which shall read as follows:
Page 2 of 10
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
ARTICLE iii. WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER
DIVISION 1. GENERALLY
Sec. 20-71. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Brush means scrub vegetation or dense undergrowth.
Carrion means the dead putrefying flesh of any animal, fowl or fish.
Dump means to dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload or toss.
Filth means any matter in a putrescent state.
Garbage means any kitchen refuse, foodstuffs or related materials, including all decayable
waste.
Impure or unwholesome matter means any putrescible or nonputrescible condition, object or
matter which tends, may or could cause injury, death or disease to human beings.
Junk means all worn-out, worthless or discarded material including, but not limited to, any of the
following materials, or parts of such materials, or any combination thereof: new or used iron,
steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household
appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings
not currently in use; used lumber, brick, cement block, wire, tubing and pipe, tubs, drums,
barrels, and/or roofing material not currently in use; air conditioning and heating equipment not
currently in use; used vehicle components and parts not currently in use; used furniture other
than that designed for outdoor use or that which would normally be considered as antique
furniture; used and/or inoperative residential lawn care equipment and machinery not currently in
use; used pallets, windows or doors not currently in use; new or used sheet metal, structural steel
and/or chain not currently in use; used and/or inoperable vending machines, radios and/or
televisions not currently in use, and any other type of used and/or inoperable machinery or
equipment not currently in use.
Matter means that of which any physical object is composed.
Nuisance means any condition, object, material or matter that is dangerous or detrimental to
human life or health; or that renders the ground, the water, the air or food a hazard or likely to
cause injury to human life or health; or that is offensive to the senses; or that threatens to become
detrimental to the public health; and shall include, but not be limited to, any abandoned wells,
shafts or basements, abandoned refrigerators, sinks, privies, filth, carrion, rubbish, junk, trash,
debris or refuse, impure or unwholesome matter of any kind, and objectionable, unsightly
unsanitary matter of whatever nature.
Page 3 of 10
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
Objectionable, unsightly or unsanitary matter means any matter, condition or object which is
objectionable, unsightly or unsanitary to a person of ordinary sensitivities.
Owner means any person or entity shown as the property owner on the latest property tax
assessment rolls or any person having or claiming to have any legal or equitable interest in the
property, including any agent who is responsible for managing, leasing or operating the property
and including any tenant.
Property means all privately owned occupied or unoccupied property, including vacant land,
and/or a building designed or used for residential, commercial, business, industrial or religious
purposes. The term "property" shall also include a yard, ground, wall, driveway, fence, porch,
steps or other structure appurtenant to the property.
Putrescible means the decomposition of organic matter with the formation of foul-smelling,
incompletely oxidized products.
Refuse means a heterogeneous accumulation of worn-out, used, broken, rejected or worthless
materials including, but not limited to, garbage, rubbish, paper or litter, and other decayable or
nondecayable matter.
Rubbish means junk, trash, debris, rubble, stone, useless fragments of building materials, and
other miscellaneous, useless waste or rejected matter.
Trash and debris' means all manner of refuse including, but not limited to mounds of dirt, piles of
leaves, grass and weed clippings, paper trash, useless fragments of building material, rubble,
furniture other than furniture designed for outside use, useless household items and appliances,
items of salvage, such as scrap metal and wood, old barrels, old tires, objects that hold water for
an extended time, tree and brush trimmings, and other miscellaneous wastes or rejected matter.
Vegetative growth means any grass, weeds, shrubs, trees, brush, bushes or vines.
~Veeds means any vegetation that, because of its height, is objectionable, unsightly or unsanitary,
excluding: shrubs, bushes and trees, cultivated flowers and cultivated crops.
Sec. 20-72. Weeds and brush over 12 inches high.
(a)
It shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied, within the
corporate limits of the city, to permit weeds, brush, grass or any objectionable or
unsightly matter to grow to a greater height than 12 inches. All vegetation, not
regularly cultivated, and which exceeds 12 inches in height, shall be presumed to be
objectionable and unsightly matter.
(b)
It shall be unlawful for any owner or occupant of any property within the city to
suffer or permit tree limbs, brush or unsightly vegetation to grow within one foot of
the public street or alley adjacent to that private property.
Page 4 of 10
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
(c)
It shall be unlawful for any owner or occupant of any property within the city to
suffer or permit limbs, brush and other vegetation existing above a public street or
alley to hang lower than twelve (12) feet above the alley or public street pavement or
seven (7) feet above the sidewalk and other fights-of-way.
(d)
With respect to lots, tracts or parcels of land of twenty or more acres and under single
ownership, the provisions of this section shall not apply to any area greater than 100
feet from any open public street or thoroughfare, as measured from the fight-of-way
line of such street or thoroughfare, and greater than 100 feet from any adjacent
property under different ownership and on which any building is located or on which
any improvement exists, as measured from the property line.
(e) Property designated as and/or required by an ordinance to be maintained in its natural
state shall be exempt from the provisions of this section.
(f) Property included as part of a conservation easement shall be exempt from these
provisions.
(g) Property that is part of a designated floodplain shall be exempt from these provisions.
DIVISION 2. WEEDS, GRASS AND OTHER VEGETATION
Sec. 20-91. Duties of owner/occupant.
(a)
It shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, as described in Section 20-72, to fail to
cut and remove all such weeds, brush, vegetative growth, and other objectionable or
unsightly matter as often as may be necessary to comply with section 20-72.
(b)
It shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied, or unoccupied, within the city,
to fail to keep the area adjacent to his or her property line, including the front or side
parkway and rear, between the property line or sidewalk and curb and the rear or side
parkway between the property line and alley pavement or traveled way, or if there is
no curb, then within ten feet outside such property line, free and clear of the matter
referred to in subsection (a) of this section. Provided, however, that where the
alleyway is not open to traffic, that the parkway in such cases shall be deemed to be
between the property line and the centerline of the alley. Specifically, sidewalks
must have an unobstructed vertical clearance of eight feet and must be unobstructed
within the width of the sidewalk. Road access shall be unobstructed as outlined in
the fire code, as amended.
(c)
It shall be unlawful for any person owning, claiming occupying or having
supervision or control of any such real property, as described in this section, to fail to
maintain all fights-of-way adjacent or next to their real property in compliance with
this section. All vegetative growth not regularly cultivated crops allowed to grow
Page 5 of 10
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
within the fight-of-way of any public street or easement shall also be kept mowed in
compliance with this section.
Sec. 20-92. Defenses and responsibilities.
It shall be a defense to prosecution under Article III that the vegetation is any of the following:
(a) Agricultural crops, except grass and hay, unless subsection (b) stated below applies;
(b)
Hay that is grown for the specific purpose of cultivation and is a part of a
predominantly homogeneous plant population may be grown to any height provided
it is maintained in compliance with Section 20-91(b) and is located no closer than
twenty feet to an adjacent property under different ownership and on which any
building or improvement exists;
(c) Cultivated trees;
(d) Cultivated shrubs;
(e) Flowers or other decorative ornamental plants under cultivation; or
(f) Wildflowers, but only until such time as seeds have matured following the final
blooming of the majority of the plants.
DIVISION 3. UNSIGHTLY OR UNSANITARY MATTER
Sec. 20-111. Dumping, stagnant water, trash, and other unsightly or unsanitary matter
declared a nuisance.
It is unlawful and declared a nuisance for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied, within the corporate limits
of the city, to permit or allow any, refuse, rubbish, trash, debris, filth, carrion, junk, garbage,
impure or unwholesome matter of any kind or other objectionable or unsightly matter of
whatever kind to remain upon any such real property or within any public easement on or across
such real property or upon any adjacent public street or alley right-of-way between the property
line of such real property and where the paved surface of the street or alley begins or that is
visible from another's property.
Sec. 20-112. Sidewalks, grounds and buildings to be kept clear.
It shall be unlawful for any person owning, claiming, occupying or having supervision or control
of any real property, occupied or unoccupied, within the corporate limits of the city:
(a) To fail to keep the sidewalks in front of their property free and clear of all refuse,
rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of
any kind or other objectionable or unsightly matter; or
Page 6 of 10
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
(b) To fail to cleanse and disinfect any of their houses, of buildings or establishments or
to fail to clean any of their lots, yards or grounds of refuse, rubbish, trash, debris,
filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other
objectionable or unsightly matter of any kind, or other impure or unwholesome
matter of any kind.
Sec. 20-113. Dumping.
It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped
upon any sidewalk, alley, street, into or adjacent to water, or any other public or private property,
any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or
unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind.
DIVISION 4. ABATEMENT PROCEDURE FOR WEEDS, GRASS, UNSIGHTLY AND
UNSANITARY MATTER
Sec. 20-131. Failure of owner to comply with article provisions; issuance of notice.
If any person owning, claiming, occupying or having supervision or control of any real property,
occupied or unoccupied, within the corporate limits of the city, fails to comply with the
provisions of this article, it shall be the duty of the city manager or his duly appointed
representative to give a minimum of seven days' written notice to such person violating the
terms of this article.
Sec. 20-132. Service of notice.
Notice of the violation will be delivered to the owner or occupant in person or by notice left at
the location. If the property is vacant, then the notice will be mailed to the owner's address as
recorded in the appraisal district records of the appraisal district in which the property is located
and delivered by United States Mail. The property will be reinspected no sooner than after 7
days of the date on the notice. If the property is not in compliance at this time, citation may be
issued.
Sec. 20-133. Contents of notice.
In a notice provided under this article the city may inform the owner by regular mail and by
posting on the property, or by personally delivering the notice, that if the owner commits another
violation of the same kind or nature that poses a danger to the public health and safety on or
before the first anniversary of the date of the notice, the city without further notice may correct
the violation at the owner's expense and assess the expense against the property. If a violation
covered by a notice under this subsection occurs within the one-year period, and the city has not
been informed in writing by the owner of an ownership change, then the city without notice may
take action permitted and assess expenses as provided by section 20-134.
Page 7 of 10
S:\Our Documents\Ordina~ces\04\Code Enforcement Final.doc
Sec. 20-134. City may correct violation.
(a)
Procedure. If at least seven (7) days has expired after notice has been given in
accordance with Section 20-132 and the owner has failed to correct the violation, the
city may enter upon the property and do the work, or pay for the work to be done, as
necessary to correct the violation. If the owner commits another violation of the same
kind or nature on or before the first anniversary of the date of a notice of a violation
as required in Section 20-131 and the city has not received written notification by the
owner of an ownership change, the city without further notice may correct the
violation at the owner's expense and assess the expenses against the property as
provided by Section 20-134.
(b)
Owner assessed costs'. A statement of the costs incurred by the city in correcting a
violation shall be mailed to the property owner. The costs shall include an
administrative fee established by the city council and on file in the office of the city
secretary. The payment shall be due within thirty (30) days of the date of mailing.
(c)
Lien to secure costs'. If the statement is not timely paid, the city may file a statement
with the county clerk of the costs incurred, including administrative costs. Upon
filing the statement, the city shall have a privileged lien on the land upon which the
costs were incurred, second only to tax liens and liens for street improvements. The
amount of the lien shall include ten (10) percent on the delinquent amount from the
date payment was made by the city. The statement of expenses or a certified copy of
the statement is prima facie proof of the expenses incurred by the city. To collect the
costs, suit may be instituted and recovery and foreclosure had in the name of the city.
(d)
Appeal of costs imposed. Within fifteen (15) days of the date the statement of costs is
mailed to the owner of the premises, the owner may appeal the reasonableness of the
charges billed for abating the condition to the city council by filing a written
statement with the city council, stating why the charges are unreasonable. The appeal
shall be submitted to the city council for review within a reasonable time after filing.
If the city council finds the charges unreasonable, it shall assess the costs as it deems
reasonable. The administrative charge shall not be appealable.
Sec. 20-135. Additional authority to abate dangerous weeds.
(a) The city may go upon property and do or cause to be done the work necessary to
obtain compliance with section 20-72 without notice when:
(1) Weeds have grown higher than 48 inches; and
(2) Are an immediate danger to the health, life, or safety of any person.
(b) No later than the tenth day after the date the city causes the work to be done under
this section, the city shall give notice to the property owner in the manner required by
section 20-132.
Page 8 of 10
S:\Our Documents\Ordinmaces\04\Code Enforcement Final.doc
(c) The notice shall contain:
(1) An identification, which is not required to be a legal description, of the
property;
(2) A description of the violations of the article that occurred on the property;
(3) A statement that the city abated the weeds;
(4)
An itemized statement of the charges incurred by the city in doing or in
having such work done as necessary to bring the real property into
compliance with section 20-72; and
(5) An explanation of the property owner's right to request an administrative
hearing about the city's abatement of the weeds.
(d)
Appeal of costs imposed. Within fifteen (15) days of the date the statement of costs is
mailed to the owner of the premises, the owner may appeal the reasonableness of the
charges billed for abating the condition to the city council by filing a written
statement with the city council, stating why the charges are unreasonable. The appeal
shall be submitted to the city council for review within a reasonable time after filing.
If the city council finds the charges unreasonable, it shall assess the costs as it deems
reasonable. The administrative charge shall not be appealable.
(e) The city may assess expenses and create liens under this section as it assesses
expenses and creates liens as provided in this Article.
SECTION 4. 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 5. 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 6. 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 7. 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.
Page 9 of 10
S:\Our Documents\Ordinmaces\04\Code Enforcement Final.doc
PASSED AND APPROVED this the __ day of
.,2004.
EULINE BROCK, MAYOR
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 10 of 10
AGENDA INFORMATION SHEET
AGENDA DATE: November 2, 2004
DEPARTMENT: Fiscal Operations
ACM: Kathy DuBose ~
SUBJECT
Consider approval of a resolution nominating members to the Appraisal Review Board of the
Denton Central Appraisal District; and declaring an effective date.
BACKGROUND
The Appraisal Review Board hears all appeals that are presemed to the DeNon Cemral Appraisal
District (DCAD) during the momhs of May through July and throughout the rest of the year as
appeals are requested. Since this is a very time consuming process during May through July, the
individual who serves on the board should be available full time during these momhs. Members
of the Appraisal Review Board serve two-year terms. Although the Appraisal Review Board
members are nominated by taxing jurisdictions, they are appoimed by the DCAD Board of
Directors by a majority vote.
Nominations are due to the DCAD by November 15, 2004. The Board of Directors is scheduled
to make their selection during their December meeting. Attached is a list of the current members
and information from the DCAD concerning the qualifications, appointment and compensation
of members of the Appraisal Review Board.
There are eleven members whose terms will expire in December 2004. They include Charles
Osborn (Pilot Poim), John Solberg (DeNon), Garland Thornton, Jr. (DeNon), Neal Scheitel
(Aubrey), Robbie J. Gober (DeNon), James M. Dear (Aubrey), Patricia Steele (Corimh), Shirley
Haisler (Sanger), Hurl Scruggs, Jr. (Lewisville), Betty McCrary (Lewisville), and Fred Williams
(Carrollton). Charles Osburn, Garland Thornton, Jr., Neal Scheitel, and Robbie Gober have all
served the maximum three terms and cannot be reappointed.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
There is no fiscal impact to the City.
Agenda Information Sheet
November 2, 2004
Page 2
EXHIBITS
Appraisal Review Board Information
2004 Appraisal Review Board Members List
Resolution
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
APPRAISAL REVIEW BOARD
Qualification, Appointment and Compensation
Who Can Serve?
To serve on the ARB, you must have lived in the appraisal district for at least two years
before taking office. You don't need any special qualifications, but you may be ineligible
to serve on the appraisal review board if the person is a member of the Board of
Directors, an officer, or employee of the appraisal district, an employee of the
comptroller, or a member of the governing body, officer or employee of a taxing unit.
In county of more than 100,000, a person is ineligible if the person:
1. Has served all or part of three previous terms.
2. Is a former member of the Board of Directors, officer, or employee of the
appraisal district.
3. If the person served as a member of the governing body or officer of a taxing
unit for which the appraisal district appraises property, until the 4th
anniversary of the date the person ceased to be a member or officer.
4. Has ever appeared before the ARB for compensation.
You also may not serve as an ARB member if you are closely related to a person who
operates for compensation as a tax agent or is in the business of appraising property for
property tax purposes in the appraisal district. Relatives barred are those within the
second degree of consanguinity or affinity. If you knowingly violate this provision, you
commit a class B misdemeanor. This provision took effect September 1, 1989, and
applies only to ARB members serving terms that began after that date.
The law also bars from ARB service members who contract with the appraisal district or
with a taxing unit in the appraisal district. The bar applies if the member or a business
entity in which the member has a substantial interest contracts with the appraisal district
or a taxing unit that participates in the appraisal district. Likewise, the same taxing units
and the appraisal district are each prohibited from contracting with an ARB member or a
business entity in which an ARB member has a substantial interest. Substantial interest is
defined as either:
1. Combined ownership by the member or the member's spouse of at least 10
percent of the voting stock or shares of the business.
2. Service by the member or the member's spouse as a partner, limited partner or
officer in the business entity.
You may also not serve if you hold some other paid public office. The Texas
Constitution does not allow a person to hold more than one paid public office.
Our attorney has interpreted an officer to be a member of a Planning and Zoning Board, a
member of a Zoning Board of Adjustments, an election official or any officer that has
decision-making authority for any entity that the Appraisal District serves.
S.B. 1017 requires the Comptroller to approve curricula, provide materials and supervise
a course for training ARB members. The Comptroller shall issue certificates indicating
course completion. All ARB members must complete the course or may not participate
in ARB hearings.
ARB Terms and Size
Members serve two-year staggered terms; approximately half the member's terms expire
each year. Terms begin January 1. The appraisal district directors appoint ARB
members by a majority vote and record their decision in a resolution.
ARB Compensation
The ARB receives a $75.00 minimum for a half day and a maximum pay of $150.00 per
day.
ARB Meetings
ARB regular meetings are the third Wednesday of each month at 9:00 A.M. These
monthly meetings are approximately six to eight hours long.
ARB reappraisal hearings will start on a daily basis, as needed, from late May until the
appraisal roll is approved usually in late July. Meetings will normally be from 9:00 A.M.
to 5:00 P.M.
In October, reappraisal hearings will start on the third Wednesday and usually continue
for about a week from 9:00 A.M. to 5:00 P.M.
Effective January 1, 1998, ARB's must provide hearing times in the evening and on a
Saturday or Sunday. Currently the Board meets one night a week during the summer
months until 8:00 P.M.
The Board of Directors of the Demon Central Appraisal District is considering you as a possible
member of the Appraisal Review Board. The Board of Directors will choose members for a two-
year term. The selection will be made at the next Board meeting. Would you please answer the
following questions and return to the District as soon as possible.
Name
Address
Address
Phone
Jurisdiction
Would you be willing to serve?
If so, you would need to be available from mid May until the end of
July. The Board meets from 9:00 a.m. to 5:00 p.m. until the roll is certified.
There will also be meetings periodically throughout the year.
2. Have you ever been an officer or employee of the appraisal district?
3. Have you ever served on the appraisal district's Board of Directors?
Have you ever been a member of the governing body or an officer of a taxing
unit for which the appraisal district appraises property?__ If so, has it
been the 4a~ anniversary of the date you ceased to be a member or officer?
o
6.
7.
8.
10.
Have you ever appeared before the ARB for compensation?
How long have you resided in Denton County?
Occupation
Do you have any prior experiences serving on an appraisal review board or
any board that has to do with property value?
Could you make a decision based on evidence rather than feelings for the
taxpayer?
The property tax code requires that all property be valued at 100% of market
value. Could you keep this in mind throughout the proceedings?
11. Would you be willing to work nights and weekends if necessary? __
The Board of Directors will notify you of their decision.
Board of Directors
Denton Central Appraisal District
Denton Central Appraisal District
3911 Morse Street, P O Box 2816
Denton, Texas 76202-2816
(940) 349-3800
2004 DCAD APPRAISAL REVIEW BOARD
Original Term - June 2000
CHARLES OSBURN
10842 Osbum Rd.
Pilot Point, TX 76258
940-365-2235
Term Expires 12/31/2004
Original Term- January 2001
JOHN SOLBERG
2244 Stonegate
Denton, TX 76205
940-387-3089
Term Expires 12/31/2004
Original Term - January 1999
W. GARLAND THORNTON, JR.
2513 Shenandoah Trail
Denton, TX 76210
940-382-7804
940-458-7404
Term Expires 12/31/2004
Original Term - April 1999
NEAL SCHEITEL
4478 Wildcat Rd.
Aubrey, TX 76227
940-440-9570
Term Expires 12/31/2004
Original Term - August 2000
ROBBIE J. GOBER
734 Wilson Street
Denton, TX 76205
940-384-1002
Term Expires 12/31/2004
Original Term - April 2001
JAMES M. DEAR
5122 - FM 2931
Aubrey, TX 76227
940-365-9596
Term Expires 12/31/2004
Original Term - January 2002
BILL JAMES
3601 Derby Run
Corinth, TX 76210
940-321-1117
Term Expires 12/31/2005
Original Term - January 2002
JACK WEIR
1212 Vista Verde
Denton, TX 76210
940-484-8302
Original Term - February 2002
DAVID HEROLD
P. O. Box 2816
Denton, TX 76208
940-686-8007
Original Term - January 2003
PATRICIA STEELE
3507 Buckingham
Corinth, TX 76210
940-498-9406
Original Term - January 2003
SHIRLEY HAISLER
1200 Cowling Rd.
Sanger, TX 76266
940-458-3678
Original Term - January 2003
HOWARD CREAMER
P. O. Box 289
Little Elm, TX 75068
972-292-2212
Original Term - January 2003
WILLIAM SINCLAIR
No 52. Hidden Valley Rd.
Shady Shores, TX 76208
940-321-3686
Original Term - January 2003
PATRICK CARR, JR.
1116 Trophy Club Dr.
Trophy Club, TX 76262
817-491-1153
Original Term - January 2003
HURL SCRUGGS, JR.
712 Knollridge Dr.
Lewisville, TX 75077
972-221-4323
Term Expires 12/31/2005
Term Expires 12/31/2005
Term Expires 12/31/2004
Term Expires 12/31/2004
Term Expires 12/31/2005
Term Expires 12/31/2005
Term Expires 12/31/2005
Term Expires 12/31/2004
Original Term - January 2003
BETTY MCCRARY
1474 College Parkway
Lewisville, TX 75077
972-221-1965
Original Term - January 2003
FRED M. WILLIAMS
2704 Devonshire Dr.
Carrollton, TX 75007
972-245-5060
Original Term - January 2004
ERIC BROOKS
7704 TN Skiles Rd.
Ponder, TX 76259
(940) 479-2745
Term Expires 12/31/2004
Term Expires 12/31/2004
Term Expires 12/31/2005
S:\Our Documents\Resolutions\04~Appraisal Revie~v Board 2004.doc
RESOLUTION NO.
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF
THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the term of office for various Appraisal Review Board members of the
Demon Cemral Appraisal District will expire on December 31, 2004; and
WHEREAS, the City of Demon, Texas wishes to nominate members to said Board;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That the City
and
Board of the Denton Central Appraisal District.
of Denton, Texas, hereby nominates
as members to the Appraisal Review
SECTION 2. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
November 2, 2004
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Consider nominations/appointments to the City's boards and commissions.
BACKGROUND
The following is a list of current board/commission vacancies:
Community Development Advisory Commission - Betty Sherman has resigned.
nomination for Council Member Kamp.
Historic Landmark Commission - Elise Ridenour has resigned.
Pro Tem McNeill.
Traffic Safety Commission - Georgianne Burlage has resigned.
Council Members.
If you require any further information, please let me know.
This is a
This is a nomination for Mayor
This is a nomination for all
Respectfully submitted:
Jennifer Walters
City Secretary
S:kAgenda Items\Board-Commission vacancies.doc