HomeMy WebLinkAboutJuly 26, 2005 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
July 26, 2005
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, July 26, 2005 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:
1. Receive a report, hold a discussion, and give staff direction regarding a Denton County
offer to collect taxes.
2. Receive a report, hold a discussion, and give staff direction regarding proposed changes
to Chapter 6, Section 27 of the City of Denton Code of Ordinances dealing with
livestock.
3. Receive a presentation on the potential applicability of Bioreactor Technology at the City
of Denton landfill. Information will be provided on the projected capital and operational
costs.
4. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of July 26,2005.
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:
A. Consultation with Attorney - Under Tex. Gov't Code 551.071
1. Discuss with the City's attorneys legal issues associated with the request of
JNC Partners Denton, LLC, to consent to the creation of a Water Control
District at the Craver Ranch, located within the City's extraterritorial
jurisdiction where to discuss these legal issues concerning the above stated
matters with attorneys in public would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and would jeopardize the
City's position in administrative proceedings or in potential litigation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE
TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER
551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING
IN ACCORDANCE WITH THE PROVISIONS OF 9551.086 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, 9551.001, 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 9551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
City of Denton City Council Agenda
July 26, 2005
Page 2
Regular Meeting of the City of Denton City Council on Tuesday, July 26, 2005 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
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
B. 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 Consent 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 Consent Agenda (Agenda Items A - N). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - N below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance providing for the sale of real property located
at 634 E. Prairie Street as a part of the City's Infill New Construction Program for
affordable housing for sale to low-moderate income buyers; and providing for an
effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas approving an
agreement between the City of Denton and the Denton Record Chronicle;
approving the expenditure of funds for the purchase of legal advertising services
available from only one source in accordance with the provisions of the State law
exempting such purchases from requirements of competitive bids; and providing
an effective date (File 3362 - Agreement with the Denton Record Chronicle in the
amount of $8.00 per column inch for an estimated award of $33,000).
C. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of the Caterpillar Computer Aided Earthmoving System (CAES)
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 3363 - Purchase of a Computer Aided
Earthmoving System to Holt CAT in the amount of $74,620). The Public Utilities
Board recommends approval (5-0).
City of Denton City Council Agenda
July 26, 2005
Page 3
D. Consider adoption of an ordinance of the City of Denton accepting competitive
bids and awarding a three year contract for traffic signal construction for the City
of Denton Traffic Division; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3340 - Three Year Contract for Traffic Signal
Construction awarded to lowest responsible bidder, Durable Specialties, Inc., in
the annual estimated amount of $100,000).
E. Consider adoption of an ordinance of the City of Denton accepting competitive
bids and awarding a contract for galvanized steel structures for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3323 - Galvanized Steel Structures for Hickory Substation
awarded to lowest responsible bidder, LeHigh Utility Associates, Inc., in the
amount of $66,616). The Public Utilities Board recommends approval (5-0).
F. Consider adoption of an ordinance of the City of Denton, Texas, providing for the
renaming of certain sections of West Prairie Street, Avenue A and Chestnut
Streets which run adjacent to the UNT Parking Garage, Baptist Student Union and
University Union to "Union Circle" with a street address designation of "One
Union Circle", providing for an effective date. The Historic Landmark
Commission Recommends approval.
G. Consider approval of a resolution of intent of the City of Denton, Texas, to enter
into an interlocal cooperation agreement for the sale and purchase of assets related
to LINK Public Transportation Service from the City of Denton to the Denton
County Transportation Authority; and providing an effective date.
H. Consider adoption of an ordinance approving an assignment of a gas well surface
use agreement at the Denton Municipal Airport between the City of Denton,
Texas and Dan A. Hughes Company, LLC as Assignor and Stroud Energy; Ltd.
As assignee; and providing an effective date. The Airport Advisory Board
recommends approval (6-0).
I. Consider adoption of an ordinance approving an Alternative Development Plan
for approximately 30 acres located in Neighborhood Residential Mixed Use
(NRMU) zoning district. The proposed site is generally located east of
Nottingham Drive, between University Drive and Mingo Road. The purpose of
the Alternative Development Plan is to deviate from the requirements of
Subchapter 13 of the Development Code. The Planning and Zoning Commission
recommends approval (5-0). (ADP05-0003, Denton Bible Church)
1. Consider adoption of an ordinance authorizing the City Manager to execute a
professional services agreement with R.I. Covington Consulting, LLC for
consulting services relating to Task Order No. 05-F; providing for services related
to final completion of the transmission cost of service case before the Public
Utilities Commission of Texas; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommends approval
( 5-0).
City of Denton City Council Agenda
July 26, 2005
Page 4
K. Consider adoption of an ordinance authorizing the City Manager to execute a
Water Main Pro-Rata Reimbursement Agreement between the City of Denton,
Texas and Pat Powell for reimbursement of the costs of building a water main,
through pro-rata charges paid to the City; authorizing the transfer of funds
pursuant to the agreement; and providing an effective date. The Public Utilities
Board recommends approval (5-0).
L. Consider adoption of an ordinance approving a Right-Of-Way Use and
Encroachment Agreement between the City of Denton and the University of
North Texas to allow boring under existing City public utility easements and
public right-of-way that will accommodate the installation of Electric Facilities
between University of North Texas properties located on the east and west sides
of Bonnie Brae Street; and providing an effective date.
M. Consider the adoption of an ordinance approving a Real Estate Contract by and
between Aaron Baltazar, Ltd., a Limited Partnership, as seller, and the City of
Denton, Texas, as Purchaser, regarding a 1.46 acre tract ofland located in the T.
Toby Abstract No. 1288, City of Denton, Denton County, Texas, and being
shown as Lot B, Block C, of the La Hacienda Heights, Phase I Final Plat,
authorizing the expenditure of funds and providing an effective date thereof. The
Public Utilities Board recommends approval (5-0).
N. Consider appointments to the following boards and commissions:
1. Airport Advisory Board
2. Animal Shelter Advisory Committee
3. Community Development Advisory Committee
4. Construction Advisory and Appeals Board
5. Historic Landmark Commission
6. Human Services Advisory Committee
7. Library Board
8. Parks, Recreation and Beautification Board
9. Planning and Zoning Commission
10. Public Utilities Board
11. Traffic Safety Commission
12. Zoning Board of Adjustment
4. PUBLIC HEARINGS
A. Hold the second of two public hearings to consider annexing approximately 244
acres into the corporate city limits of the City of Denton, Texas. The property is
generally located south of Mingo Road and both sides of Collins Road in the
eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (A05-
0001, Ash Grove Cement Distribution Center)
B. Hold a public hearing and consider adoption of an ordinance granting approval of
a Public Utility and Drainage Easement of 0.081 acres for a subsurface use of a
portion of the Denton Branch Rail Trail near Mile Post 724.8 for the purpose of a
wastewater and stormwater sewer pipeline in accordance with Chapter 26 of the
Texas Parks and Wildlife Code; providing for the issuance of an easement; and
providing an effective date. The Parks, Recreation and Beautification Board
recommends approval (5-0).
City of Denton City Council Agenda
July 26, 2005
Page 5
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution nominating a member to the Board of Directors
of the Denton Central Appraisal District; and declaring an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to execute a Settlement Letter Agreement with TXU Electric
Delivery accepting the settlement between TXU Electric Delivery and the
Steering Committee of cities served by TXU Electric Delivery; and providing an
effective date.
C. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2005 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMP AIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Fiscal Operations
ACM:
Kathy DuBose
&
..
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a Denton County offer to
collect taxes.
BACKGROUND
The Denton County Tax Office, specifically, Steve Mossman, has offered to perform tax billing
and collection services for the City. The costs and benefits associated with this offer have been
reviewed and are outlined in the attached memorandum. The comparative information provided
includes any customer service impact to City of Denton taxpayers, collection reporting and
administrative practices, as well as, cost of operations.
Upon a compare and contrast review, several differences between the City and County Tax
Office operations were observed. More significant observations impact the citizens of Denton.
The City provides many more locations and different methods for accepting payments. Another
significant consideration is the availability and accessibility to the tax system and updated
information by stakeholders, including businesses, mortgage companies, delinquent tax
attorneys, other City departments, potential newcomers, etc.
The City's cash flow would be impacted by the additional days the County is not available for
conducting business. The County Tax Office closes for several weeks from mid-September to
mid-October every year for preparation of tax bills. In addition, the County observes twelve
holidays annually while the City observes nine per year.
Combined billing may portray a negative image when other taxing jurisdictions' levy amounts
are included and/or when other jurisdictions change their tax rates. The City has an established
cashiering and customer service function, which must function regardless. The ongoing
expenses would shift to the utility ratepayers because Customer Service would not go away or
substantially downsize as a result of a change in the site for tax billing and collection. The costs
associated with modifying data provided by the Denton Central Appraisal District will continue
to be required and paid by the City.
Regardless of which entity performs the billing and collection function, most tax department
duties will continue to be required by the City for customer service, management of data,
generation of reports, various impact analyses, etc. The biggest impact is the reduction in
customer service and unavailability of updated information for citizens, businesses and other
City departments for minimal savings.
Agenda Information Sheet
July 26, 2005
Page 2
FISCAL INFORMATION
The current fiscal year financial comparison between the City and County Tax Office operations
is approximately $30,000 greater for the City. This amount is projected to substantially decrease
in the upcoming budgets, i.e., 2006-07.
Respectfully submitted:
'~-
.., 'I t
, ~'
Diana G. Ortiz
Director of Fiscal Operations
MEMORANDUM
DATE: July 20,2005
TO: Mike Conduff, City Manager
FROM: Diana G. Ortiz, Director of Fiscal Operations
RE: County Proposal - Property Tax Billing and Collection
The costs and benefits associated with contracting with Denton County for property tax
billing and collection services have been reviewed. This feasibility analysis has been
conducted several times in the past and continues to be updated with the latest
information. Comparative information includes customer service impact to our citizens,
collection reporting and administrative practices and cost of operations. An Executive
Summary is provided below.
Customer service impact to our citizens:
The City currently provides more collection avenues for receiving tax payments
including cashiering at City Hall East, cashiering at City Hall in the Mall, kiosk at City
Hall in the Mall, mail, as well as, credit card payments on the City's website and
payments by phone. The County only accepts tax payments by credit card over the
internet. (Impact: Service and convenience available to taxpayers developed by the City
in response to taxpayer demand will be lost.)
The City's hours of operation are significantly greater than the County's. The City's
include the following:
8:00 a.m. to 5:00 p.m., Monday through Friday at City Hall East,
10:00 a.m. to 7:00 p.m., Monday through Friday,
10:00 a.m. to 3:00, Saturday at City Hall in the Mall (cashiers),
10:00 a.m. to 9:00 p.m. Monday through Saturday at City Hall in the Mall (kiosk),
12:00 a.m. to 6:00 p.m. Sunday at City Hall in the Mall (kiosk).
The County is available between 8:00 a.m. to 4:30 p.m., Monday through Friday.
The City provides updated, 24-hour account information service via the Internet and
Integrated Voice Response (IVR) System that includes seven years of historical
information including levy amount, legal description, owner, taxable amount, payment
history and amount due. The County system does not provide access to historical
information for current levies. (Impact: Loss in levels of service without control over
any changes in future levels of service.)
1
The City does not charge a transaction fee for credit card payments. The County passes
their fee on to the taxpayer. (Impact: Taxpayers must pay more.)
Account information can be quickly and easily transmitted to users, i.e., delinquent tax
attorney, mortgage companies and tax service organizations. County system causes
periodic major delays in access to current information to system users. (Impact: e.g.,
Posting of payments to individual, customer accounts fall weeks behind during County
"busy" seasons where City postings are timely.)
Taxpayers do not have access to the County Tax Office on three additional holidays they
observe, Veteran's Day, Presidents' Day and Good Friday. The City collected a total of
approximately $78,000 for those three days this fiscal year.
The City operates an integrated imaging system that provides electronic images of all
checks and correspondence between the City and the taxpayer. (Impact: Loss in level of
service to taxpayers.)
Lost value to taxpayers and other customers related to eliminated or reduced levels of
service, although significant, cannot be quantified.
Collection Reportin2 and Administrative Impact:
The City provides an "on-line, real-time" system which allows instant updating, reporting
and exporting of information via electronic media (CD, e-mail, disk, internet). The
County works in a main frame, batch system environment that requires batch processing
to update account information. (Inefficiencies throughout the assessment, collections,
and recording system degrading usability of information, access to updated information
by taxpayers and City, transfer of information which slows updates and timelines of tax
information.)
Lack of accessibility to updated tax records by other City departments, specifically for
GIS drainage fee analysis, building inspections and permitting. (Impact: Inefficiency in
access to tax-related information throughout the organization that is now available in real
time. )
Questionable availability and responsiveness for report requests. The City's tax system
and data are currently used to generate many, various types of reports for numerous
departments. County reports are formatted as they deem appropriate based on numerous
taxing entity's needs rather than to address City of Denton specific needs. (Impact:
Delay due to non-usability of information even after provided, versus current 100%
reporting flexibility in real time.)
The collection rates for the City and the County are relatively the same; however, the
collection rate for Denton ISD is lower. Taxes for DISD are collected by the County's
Tax office.
2
By the end of January, before accounts became delinquent on February 1, the City,
School and County collected 82%, 70.7% and 72.1 %, respectively, of their current levies.
Therefore, interest income generated from those earlier collections is maximized.
Lack of control by the City. (Impact: Existing contracts state price may increase at
County discretion, with no practical alternative once the City Tax Office and supporting
systems are dismantled.)
The City is able to perform independent analyses based on current, up-to-date tax data to
project the financial impact resulting from numerous legislative proposals.
The County observes twelve holidays annually and the City observes nine a year.
Therefore, the City's cash flow is impacted by the additional days the County would not
be available for collections.
Financial Impact Considerations:
Regardless of which entity performs the billing and collection function, most tax
department duties will continue to be required by the City for customer service,
management of data, generation of reports, various impact analysis, etc.
The City has an established cashiering and customer service function, which must
function with or without in house tax billing and collections. Most of the ongoing
expenses would be transferred to the utility ratepayers because Customer Service would
not go away or substantially downsize as a result of a change in the tax billing and
collection site.
The costs associated with modifying data provided by the Denton Central Appraisal
District will continue to be required and paid by the City.
The City prepares and mails tax bills by October 1 of each year. The County Tax Office
closes for several weeks from mid-September to mid or late October every year for
preparation of tax bills. The City had already collected $1,050,000 by October 28,2004,
the date when taxpayers first received their County tax bill. (Impact: "Opportunity Cost"
related to expedited collections.)
Also, the closed County Tax Office and unavailability of tax data adversely affects
customer service during these weeks when up-to-date tax information is inaccessible.
The City's current tax bills indicate the amount of property tax savings generated by the
half-cent sales tax for the reduction of property tax. On a combined tax statement, it may
be difficult to highlight this as a City initiative.
Taxpayer perception of a smaller, segregated tax bill amount for the City compared to a
larger, combined amount incorporating the County and School District.
3
Combined billing may portray a negative image when other taxing jurisdictions' levy
amounts are included and/or when other jurisdictions' change their tax rates. A possible
negative ramification may result from a rollback election of another taxing entity.
The current financial comparison between the City and County Tax Office operations is
approximately $30,000 greater for the City. Much of this amount would shift to the
City's utility ratepayers, thereby greatly reducing any savings.
The biggest impact is the reduction in customer service and unavailability of updated
information for citizens, businesses and other City departments for minimal savings.
I am available to discuss the information provided at your convenience. If you need
additional information, please advise.
Attachments:
Comparison of Collections
Collection Rate Comparison (10 year history)
Collection Cost Comparison
June 29, 2005 Letter from Steve Mossman
January 11,2002 Memorandum
October 4, 1996 Memorandum
H:\Tax Collection Analysis.doc
4
rJ)
z
o
i=
(.)10
WO
.....~
""'1
o~
(.)0
LL.N
o ~
z CI>
0>-
rJ) m
~ ~
<( .-
1l.LL.
:E
o
(.)
(o~Mr::-cDCO~;:-OO~o)~M
OlC'?COI'-""'CO~""''''''I.{)'''''NC'?1'-
t)OlU""''''''I'-'''''O)O)O)O)COCOCOCON
(1)Ea;~~~~--------~
d; 0 .... ~
_uJ!:!
.=.=....
Ci
c
!:!2
z
o
....
z
w
c
....
o
~ c
U c 0
-c.s~
$C~
I'll Ol -
E C 0
;l U
UI
W
z
o
....
z
w
c
u.
o
~
u
o
.- "C
~"O Q;
<( 1:: .-
0>-
0..
- C'?
I'll~
- -0)
UI UI
~ Cl
$ .!:
.= E
I'll
W
COCO""'o)COI'-""'NC'?~I'-N
~""''''''~~NI'-I.{)OOl.C)1'-
COI'-CONNl.C)I'-~""'l.C)I.{)N
N- ~- ~- 0)- 0 0 0 ~- ~ T"""'- ~- c0
~C'?C'?""''''''"",,,,,,,,,,,,,,,,,,,,,I'-
C'?
""'C'?No)O~ON""'o)COI.{)CO
C'?l.C)I'-NO)C'?NCOCOCOCOO)O
l.{)~o)~OI.{)COCOI.{)~I.{)NC'?
c0 cD LO ro CO- oi N N 0 ro r-.: ro oi
C'?C'?C'?I.{)C'?CO l'-C'?o)N""'NCO
'VOOL{)'Vc.oLO~"r"'"""r"'"""r"'"" "r"'""
-.i'o-.i' N
~ N
~l.C)I.{)I.{)COCOCOCOOCOo)NC'?
CUlC'?~OC'?~""'NO)l.C)NC'?~O
t/)C~o)I'-OI.{)C'?o)C'?COI.{)C'?I'-N
- 0 cO' "",- N- -.i' r-.: 0 cO' oi co- oi ....: LO LO
C;lN~I.{)COo)C'?COCO""'CO~No)
OUo)l'-~""'I.{)I.{)I'-I.{)COI.{)N~"'"
'E~"":c0ocO'oN ro
OlO N""'N 0)
CU
cJ??ft.~cft'#.cft?ft?ft?f2.?f2.?f!.'#.
N~No)l'-C'?I'-O)I.{)I'-~C'?
6 ~":'<'";~~~I'--;~cq~C'!'<'";
;lOl~C'?OCOONOOOOOO
u- N""'N
~~
"0
U
o)COO~CO""'OI.{)OOO~"'"
_Ul""'o)No)COC'?I'-~~l.C)C'?O)"'"
UlClC'?OI.{)O~"-""'I'-ONC'?C'?l.C)
~ C N"",-"",-cO'O"":"":"":NNN-NO
Ol'e ~C'?""''''''''''''''''''''''''''''''''''''O)
- ~ C'?
.=&:
C'?NCOI.{)OO)""'COOlCONNI'-
NCOI.{)ONI.{)~COo)C'?O)COC'?
UI"-C'?CO~..-..-I.{)Nl.C)""'CO~"'"
_ C LOror-.:rocDN-cO''''':roNro'''':cO'
1'll0~l.C)1'-C'?0""'COC'?""'NC'?C'?0)
::s+:i"r"'""OJ"r"'""C'0LOLO"r"'"""r"'"""r"'"""r"'"" 'r"'""
o~~ l.C)-"":N- N
<(-..- N
"0
U
?ft?f2.?f.?ft.cf!.?f2.?f2.*?f!.?f!.?f2.?f2.
C l.C)~I'-ON~C'?COCO""'I'-"'"
o o)COO)C'?'<'";""'COI.{)COl.C)~~
;lOl-.iCV)NO~N666666
u- Nl.C)~
~~
"0
U
?f2.cf2,?f!.cf!.cf2.cf2.?f2.?f!.cf2.?f!.?f2.cf2.
COCOI'-""'C'?COo)O~~~N
""''''''C'?N~C!~N'''''C'?''''''''''
NNNNNNNNNNNN
,-llll CC
~EEro~.c
o W W ::l '- U
t5iJ~c-al(;j
OZO~LL:2:
'-
W
.0
u; E
::l W
'- >, W >, OJ a..
'-roC-::lW
~:2:-=;-=;<(CI)
~
N
""'-
N
"'"
l.C)_
N
N
"'"
0)
cq,
N
l.C)
~
o
o
~
-;:R.
o
"'"
~
co
0)
~
N
""'-
N
"'"
l.C).
N
N
-;:R.
o
I'-
"<l:
co
0)
"'"
,-,-0
00
(fJ~
roO
>,~
>0)
W
.....I
>:
c
::l
o
()
C
o
C
W
o
>,
.0
"0
W
t5
~
(5
~
Cll
ro
'-
C
.Q
t5
~
(5
U
W
Cl
~
Cll
>
<(
"C
C
ro
:>;
C
::l
o
()
C
o
C
W
o
o
CI)
o
ro
"C
Q)
'>.
C
W
E
u;
W
>
.~
C
o
C
Cll
o
'-'-
o
~
()
C
o
"0
W
(fJ
ro
co
~
en
z
o
i=
()
W
...J
...J
o
()
LL
o
Z
o
en
ii2
<(
a.
==
o
()
It')
o
o
~
'<t
o
o
N
...
ell
Gl
>-
n;
(.)
VI
ii:
Gl <.0 N Ol I!) '<t ~ <D '" N '" I'-- Ol I!)
- Gl (.) ~ <.0 I'-- <.0 <.0 <.0 0 I'-- I'-- I!) ~ ~ CO
VI E I: I!). <.0_ 0 1'--. q ~ 0_ ~ e?- e?- '"
2! Gl :s :s ~ ~ :s :s cO
.l!! 0 ~ ~
(.)
.E .E i5
:€ '" I'-- N <.0 N '" V '" CO I'-- '" N Ol
'" '" V N N I'-- <.0 V '" Ol ~ I'-- I!)
-;; CO V v_ "'- ~ ~ v. I'-- ~ "'. ~ ~
VI N ~ ~ m 0 0 0 ~ ~ ~ ~ N
2! Cl ~ '" '" V V '<t V V I'--
.l!! I: '"
.c
.E ...
2 ell
III W
c::
I: ... I: V <.0 N '<t co I'-- N V 0 0
0 0 Oi Oi 00 N
.2 ~:;:; N N N co <.0 0 I'-- co ~ <.0
1:) I!) I'-- <.0 co. o. I'-- co_ ~ v ~ I!) co <.0 V
U~ I.() eD M U; ~ 0 ~ m m N. eD m cO N
..s! Ol co I'-- I'-- 0 <.0 V Ol '" I!) N 0 V
"0 'tl "0 '" I'-- '<t '<t. I'-- <.0 ~ ~ ~ ~ N I!).
.l!! () ..,r 0 ..,r N N
() ~ N N
Gl ell I:
.5 0
Cl -
III -;; I:
.. Gl
Gl W C
~ >f!. >f!. ~ ~ >f!. ~ >f!. >f!. ~ >f!. >f!. >f!. ~
I: 0 0 0 0 0 0 0 0
'tl 0 I!) Ol I!) I'-- <.0 I'-- N <.0 co Ol I!) '" N
Gl ~ Gl f'-; V co '? ~ <.0 I'-- <.0 co I!) N ~ I!)
'tl 1; ~ c<i cri <.0 N N 0 0 0 0 0 0 cO
I: ..s! ~ '<t Ol
Gl c::
iii "0
()
<.0 '" I!) '" N ~ co '<t <.0 Ol '<t '<t ;::-
Gl Ol '<t co co <.0 0 <.0 0 co I!) 0 0 Ol
- Gl (.) I!). ~ '" q ~ q q 0_ e?- e?- e?- e?- '<t
VI E I: :s :s ~ e :s :s :s :s m
2! Gl ~
0 ~
.l!! (.)
.E .E i5
:€ '" <.0 I!) co '<t 0 N ~ '<t Oi I!) co I'--
I!) I!) '" 0 N '" 0 ;::: N N co '<t
- I'-- N ~ q 0 ~ '<t ~ "'. I!). ~ 0_
VI VI N m 0 0 0
Gl Cl ~ ~ ~ ~ ~ ~ ~
... I: ~ '" '" '<t '<t '<t '<t '<t '<t I'--
Gl '"
:E 'E
ell
w
... I!) co ~ '" co I!) '" N '<t 0 I!) I'-- N ~
0
U; Ol I'-- I!) I'-- 0 Ol co 0 '" ~ <.0 ~ N
~ I: N C\[ <.0. 0 q (J) <.0 '<t o. <.0 '<to 0 '<t
U I: .2 r--: r--: ~ I!) eD N 0 I.() cO <.0 I.() ~ cO N
.8 I!) '" ~ '<t 0 '" I!) <.0 0 '" <.0 '" '<t '<t
'tl 1:) '" I'-- '<t '<to Ol <.0 ~ ~ N ~ N I!)
.l!! I: ..s! ..,r 0 ..,r N N
~ Gl
ell C "0 ~ N N
Z ~ U
::l VI
0 W
()
Z '<t N C; Ol 0 0 I'-- I'-- Ol 0 0 I'-- <.0 I!)
~ '<t <.0 '" 0 ~ '" N I!) <.0 Ol <.0 co I'--
0 VI <.0. '" <.0 "C ~ o. I'-- I'-- N co I!) I'-- <.0
l- I: ~ ..,r 0 0 N ~ m M cO I.() cO ..,r 0 N
z ::l I: 0 co <.0 '" <.0 0 '<t 0 I!) Ol '" ~ 0 I'--
W 0 0 "'. <.0 0 q co '" I!) <.0 I'-- '<t N ~ O. 0
C U :;:; N eD r--: N N
(.) ~ co 00
I: ..s! ~ '" ~ co
.8 "0
I: U
Gl
C
~ ~ >f!. ~ 'if. ~ ~ ~ ~ >f!. >f!. >f!. >f!.
0 0 0 0 0
I: Ol I'-- I'-- '<t <.0 0 I'-- '" N 0 Ol '<t Ol
.2 "' N I!) '" f'-; co <D I'-- Ol 1.0 N ~ <.0
1:) .l!! ~ c<i cri <.0 N N 0 0 0 0 0 0 cO
~ '<t Ol
..s! ell
"0 c::
()
COLLECTION RATE COMPARISON
As of September 30
Entity
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Denton County
City of Denton
Denton ISO
100.00010
99.00010
98.00010
97.00010
96.00010
95.00010
98.85% 98.89% 98.89% 98.87% 98.89% 98.70% 98.60% 98.24% 98.53% 98.69%
98.65% 98.88% 98.56% 98.40% 98.75% 98.78% 98.21% 98.30% 98.57% 98.50%
98.50% 98.56% 98.04% 98.10% 98.28% 98.33% 97.14% 97.69% 98.25% 98.34%
* ~ W ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
I--+- Denton County - City of Denton ----.- Denton ISO I
7/20/2005446 PM
COLLECTION COST COMPARISON
Fiscal Year 2004-2005
Statement Preparation
October Billing
October Mortgage Billing
(billing done bye-mail rpt)
Monthly Supplemental Billing
Delinquent Billing
May Billing
Accounts
24,342
10,181
2,500
3,500
2,500
Other Expenses
Personal Services
Tax Analyst II
Tax Analyst I
Postage
Copy Charges
Supplies
Commercial Insurance
Self Insurance Premium
Transfers & Services
Tech Services Transfer
Tax System
Reprographics
Tax Analysis, Laserfische. Computers, etc.
Customer Service Transfer
Tax Transactions
Misc. Transactions
Lock Box Services
Services (phones, advertising, licenses, etc.)
Total Expenditures
FOREGONE REVENUE (Opportunity Cost)
Interest Income
Tax Roll Processing Fee
Tax Certificates
(1)
(2)
Tax Dept Budget Tax Dept Budget
with County with Current
Out-Sourcing Utility Customer
of Tax Billing Service
& Collections Collections
$ 15,822 $ 1,217
6,618
125
- 175
1,625 125
$ 24,065 $ 1,642
56,048 56,048
25,505 25,505
3,000 9,000
3,000
3,000 5,300
2,842 2,842
1,117 1,117
25,000 33,897
7,339 7,339
32,997 32,997
50,000
22,853
9,500
7,343 7,343
$ 188,255 $ 268,383
$ 212,320 $ 270,025
$ 18,385
8,000
. 1,500
$ 9,500
$ 240,205 $ 270,025
(1) If tax collections outsourced to county, position would still be needed to monitor and review c
collection reports, process mowing and paving liens, report financial information, coordinate
delinquent tax attorney services, and prepare tax analysis.
(2) Position is 50% Tax and 50% Administrative.
OFFICE OF
STEVE MOSSMAN
STATE AND COUNTY ASSESSOR.COLLECTOR OF TEXAS
DENTON COUNTY TAX OFFICE
P.O. Box 90223
DENTON, TEXAS 76202
E -MAl L: steve.mossman@dentoncounty.com
June 29, 2005
r:--.-.----..~
IIl-.' '-.\. r'il::. ..=.i (-r:} ;-;:;:::, r'1. r\ 171'.'~::::'.'
~, l: ,1.' ~>p"::>" q f'.'--~i
" ) ''-,\....'''IL-;1 \,/1= I 0
'..1' . ,. I__".c~' .--_.... :",~..'I "-;. _J' L.:::J..
I~ .......... \r.-".~"""'-" ',', ""~-O-='~._'~ ,
iU U 1./ I" ! L~J!
L. '''' ,I
- ,--_....._..,._.__._....._~
l"F"'H': A c.:! ! R 'Y
, lLI \",~,-n !
Mike Condiff, City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
Mike,
Several months ago we spoke about the possibility of having the Denton County Tax
Office process the City property tax collection as a possible means of saving funds
for the City. I believe that we can create a significant annual savings for the City.
In conversation with the Appraisal District yesterday, June 28, 2005, the City of
Denton has 36,153 property tax accounts. There will be mineral accounts added to
this total at a later time. The Tax Office charge rate for collecting taxes is $.65 per
account for each required mailing, ei: the October tax statements and the May
delinquent tax notice. This is charged only on the accounts requiring the notice.
Bases on the above numbers and an estimate of 5% May notice mailing (a total of
37,961 accounts) the annual cost would be $24,675.00, this amount will be somewhat
higher based on added property tax accounts, especially mineral accounts.
A copy of the tax rate survey (for calculation) and the interlocal tax collection
agreement which sets out aU of the terms and conditions for this service are being
emailed to you at your City email address. If the County Tax Office is to assist the
City this year a decision must be made before August 1, 2005 to allow for software
adjustments. County services would begin in advance of October 1, 2005 with tax
rate calculations and publication.
If we can be of assistance or if you have questions I am available to give you
whatever time is needed.
Sincerely" d 7
~. "?/7.
/~.. _ / /v" ~-;n~',____
./
Steve Mossman
cc. Mayor Euline Brock, Mayor Pro Tern Perry McNeil, Council Members Joe
Mulroy, Jack Thompson, Pete Kamp, Bob Montgomery, Charlye Heggin,
Acccounting staff member Diana Ortiz.
AD VALOREM DEPARTMENT 300 E. McKINNEY STREET DENTON, TEXAS 76201 MOTOR VEHICLE DEPARTMENT
PHONE 940-340-3500 ,METRO 972-434-8835 FAX 940-349-3501 PHONE 940-349-3510
Fiscal ami "~lullicipal Services * 215 E lHcKi1l1uJ' * Denton, TX 76201
(940) 349-8288 * DFWlvletro (972) 434-2259 * Fax (94lJ) 349-72lJ6
MEMORANDUM
DATE:
January 11,2002
TO:
Honorable Mayor and Members of City Council
&
..
FROM: Kathy DuBose, Assistant City Manager Fiscal and Municipal Services
SUBJECT: Property Tax Billing and Collection
Council member McNeill asked that staff investigate the costs associated with consolidating
property tax billing and collection with the County and School District. Although we have
conducted several such feasibility analysis in the past, we had not done so this year. In all analysis,
we not only compare costs, we also evaluate the impact on customer service to our citizens.
As in the previous studies, our latest analysis reflects that the overall cost of consolidation is higher
than our current process (more than $15,000 annually). The cost analysis includes all departmental
costs, billing and collection fees, and revenue from collections. There are also significant
differences in customer services provided to the taxpayer. While the estimated $15,000 annual
increase in costs is not substantial, I believe the customer service impact is. Below are listed those
customer service issues I believe to be most critical:
. The City provides cashiering services at City Hall East from 8:30 a.m. to 4:30 p.m.
Monday through Friday as well as at City Hall in the Mall from 10:00 a.m. to 9:00 p.m.
Monday through Saturday. County cashiering services are available at the County Tax
Office from 8:00 a.m. to 4:30 p.m. Monday through Friday only.
. The City accepts credit card payments by telephone, Internet, Integrated Voice Response
(IVR), as well as over the counter. The County only accepts credit card payments over
the Internet.
. The City absorbs the 1 % transaction fee for credit card payments (cost of fee is included
in the analysis). The County passes their 3% credit card transaction fee on to the
taxpayer.
. The City provides 24-hour account service via the Internet and the IVR with 7 years of
information including levy amount, legal description, owner, taxable amount, payment
HDedicated to Quality Service"
www.cityofdenton.com
Property Tax Billing and Collection Memo
January 11,2002
Page 2
history and amount due. The County system does not provide access to historical
information and requires the taxpayer to enter an account number in order to make a
credit card payment over the Internet.
. The City's system is an "on-line, real-time" system allowing instant updating, reporting
and exporting of information via electronic media. The County works in a main frame,
batch system environment that requires batch processing to update account information.
. The City is in the process of implementing an integrated imaging system that will
provide electronic images of checks and correspondence between the City and taxpayer.
The County does not provide such services.
As you can see, the City has worked very hard to be sure our citizens have access to the information
and services they've requested over the years. Better yet, we provide it at a lower cost. It's not
often that we are invited to highlight our outstanding customer service, so I'm glad Council member
McNeil asked!
Please let me know if you have any questions. Thank you.
cc: Michael A. Conduff, City Manager
".
,)
(p
DRAFT
:MEMORANDUM
DATE: October 4, 1996
TO: The Honorable Mayor Jack Miller
Mayor Pro Tem Euline Brock
Council Member David Biles
Council Member Roni Beasley
FROM: Ted Benavides, City Manager
SUBJECT: RESPONSE TO CLAIMS MADE BY DENTON RECORD CHRONICLE AND
DENTON COUNTY TAX ASSESSOR-COLLECTOR
As you may be aware, on October 2, the Denton Record Chronicle printed a story claiming that
the City could save $22,000 by having the County collect City ad valorem taxes. The article
states that the Denton City Council used inaccurate figures to make its decision to continue
collecting taxes. Though I can certainly understand why the County would not agree with the
numbers provided to City Council, I believe the numbers provided to City Council in June to
be accurate. The $22,000 Mary Horn refers to is the difference in the amount collected by taking
the City's total levy times last year's collection percentages plus the lost interest revenue. The
article implies that this $22,000 is associated to foregone interest revenue only, which is not
accurate. I fail to understaiId how Ms. Horn views this as an inaccurate figure.
In prior memos to City Council I have outlined a number of issues other than cost that make it
more feasible to collect City taxes in-house. First is customer service. Ms. Horn claims that of
the 38 entities she collects for all have been pleased with the cost savings and convenience they
have enjoyed. Though I have not surveyed each entity I am certain there are a number of entities
that are pleased with the service provided by the County. In some entities, the decision to have
the County collect their taxes is an easy one. Many MUD and ISD districts that Ms. Horn
collects for do not have established cashiering functions like the City of Denton. Because the
City of Denton is unique in the fact that it owns its own electric utility, Denton must have, and
continue to have, a cashiering/customer service function. Take for example Denton ISD. Ms.
Horn and others continue to claim how happy Denton ISD was to contract with the County.
Before contracting collections to the appraisal district, DISD paid approximately $5.00 per
account for collections. The reason was due to the high overhead cost for DISD to maintain a
cashiering and customer service function. When DISD contracted with the appraisal district their
cost dropped to $2.00 per account, and fInally when DISD contracted with the County their cost
~/
Memo to Mayor and Members of the City Council
October 4, 1996
Page 2
dropped to $.55 per account. In view of these facts, I can understand why DISD was happy to
have the County collect their taxes. However, these kind of savings are not applicable to the
City of Denton. Plus, because the City of Denton has well established cashiering and customer
service functions which must function with or without a tax office, I do not feel the need which
exists for some entities to outsource collections (cost) is applicable to the City of Denton.
Accountability is another factor. The City would relinquish a tremendous amount of control to
the County. The only recourse for poor service would be termination of the contract. If this were
to happen customer service would be greatly impacted. Also, Ms. Horn's is an elected official.
Its quite possible she won't hold this office long term. If this were to happen, nobody knows
who would replace her, how effective they would be, or if they would have the City's best
interest at heart.
Other issues that must be addressed include the accessibility to tax records by CitY departments,
report availability and timeliness, and cost control. Under the conditions of the contract provided
by Ms. Horn, the County, at its sole discretion, may increase the amount charged to the City.
As stated in previous memos, if the County collects City taxes, one bill consisting of line items
of each taxing jurisdiction's levy will be sent to citizens. Essentially, citizens will see one total
for all three entities' tax levies. If any jurisdiction other than the City were to raise taxes while
the City rate remains constant or even decreases, the City's decrease will be overshadowed by
any increase by another jurisdiction. Citizens may conclude that the City has raised taxes due
to a higher combined tax bilI, when in reality the City lowered taxes. Frankly, I do not want the
hard work of City Council to lower taxes to be mitigated by another taxing jurisdiction's tax
increase. Plus, the City is required by law to print on each tax bill a statement reflecting how
much money the additional 1/2 cent sales tax for ad valorem tax relief has reduced ad valorem
taxes. I believe it is important for citizens to be able to identify the tax effect the 1/2 cent sales
tax generates for them specifically and just as important that the City gets credit for such.
. Several years ago the County was subject to a roll back election, when their adopted rate
exceeded the maximum limits allowed by State law. The City of Denton could be adversely
impacted should the County or DISD be in a roll back situation and all three entities utilize the
same bill. The City's collection percentages (revenue) may suffer from this type of situation.
Ms. Horn has stated how collection percentages have improved for some entities she collects for.
One example frequently used is Lewisville ISD. Lewisville ISD has a taxing boundary
that includes parts of Flower Mound. These areas have experienced amazing residential growth
in the past few years. Typically when a person borrow's money to purchase a new home, the
lender requires the borrower to establish an escrow to pay taxes and insurance. It is not
unreasonable to conclude that Ms. Horn's improved collection percentages for LewisvilIe ISD
is more attributable to the large number of new homes located in the area rather than the efforts
Memo to Mayor and Members of the City Council
October 4, 1996
Page 3
of Ms Horn. According to the De~ton Central Appraisal District, 64% of all residential property
in Lewisville ISD is coded for mortgage company payment, as compared to 36 % for both the
City of Denton and Denton ISD.
It is also important to note that the collection rate for some entities has decreased under Ms.
Horn's responsibility. For example, Denton lSD's collection percentage decreased from 98.85 %
for 1994 taxes to 98.56% for 1995 taxes. I would argue that though Ms. Horn claims credit for
increases, she is unable to explain any decreases. Minor fluctuations in collection percentages
can be attributed more to external factor such as the economy and growth more than the efforts
of the Denton County Tax Assessor.
Finally, I would like to discuss the implication that the City could save tax payers $22,000 by
having the County collect City taxes and that I, nor that City Council, is concerned about this.
This is further from the truth. In fact, if Ms. Horn was truly concerned with saving tax payers
money she would not insist on charging every entity the same amount. When Ms. Horn
approached the City she was very adamant that her contract and price were non-negotiable. The
fee is the same for all regardless of the entity size. But more importantly, the fee is the same
no matter the cost to the County. Billing for additional accounts should drive the County cost
down due to the economies of scale of overlapping jurisdictions. This places the County in a
position to make a profit on their tax collection services, rather than save taxpayers money.
For example, the County must send tax bills to their citizens, which includes City of Denton and
Denton ISD residents. Suppose the County's cost is $.55 per account. In addition, the County
collects for Denton ISD and charges them $.55 per account. The County charges DISD this
amount even though their cost have not increased. They use the same bill, same postage, same
appraisal roll, and same personnel. I can't think of any cost increase. Now suppose the County
collected taxes for the City at the same $.55 per account. The county has not had to increase
postage, have additional paper cost for bills, add envelopes, consider a different appraisal roll,
or add personnel. The County's cost does not increase, but they are now making a profit at the
. expense of City of Denton and DISD tax payers. Consider the fact that Ms. Horn collects for
almost 40 entities charging each the same amount, and you can see why she is so aggressive to
collect taxes from as many entities as possible, and why she is so eager to collect the City's
approximately 25,000 accounts. Where does this money go? Does Ms. Horn's department
benefit from the additional revenue? Does the money go the County's General Fund, thereby
subsidizing other County services? I don't have an answer to these questions.
My staff has researched the legality of Ms. Horn charging each entity the same amount
regardless of County cost for the service. The City's legal office has advised that under an
interlocal aereement, Ms. Horn could charge whatever the City is willing to pay. However, if
the City elects to have the County assess and collect taxes on its behalf by official action in the
manner required by law pursuant Section 6.23 (a)(3) of the Tax Code, then the County is only
Memo to Mayor and Members of the City Council
October 4, 1996
Page 4
allowed to receive a reasonable fee, which may not exceed the "actual costs It incurred by the
County. I have attached the City's legal opinion as well as an Attorney General's opinion
addressing this issue. Essentially, the City could force the County to collect its taxes at the actual
cost to the County, which is likely far less than the amount the County now charges.
Before any decision to have the County collect City taxes, the City must be assured that its tax
dollars are not being used to subsidize County services that benefit individuals outside the City
of Denton. If Ms. Horn was truly concerned with saving tax. payers money she would not seek
to make a profit on behalf of the County and would charge each entity a fee that is based on
actual costs.
Having considered this issue in detail, I have concluded that the only way to ensure that Denton
tax payers receive the most for their money is for the City to explore going into the tax
collection business. Perhaps the City could charge a fee even less than the County currently
charges nISD. Maybe some competition could save all Denton area taxpayers some money.
In closing, I continue to feel very strongly that the City should collect it's own taxes. I feel I
have demonstrated sufficient and responsible reasons for my opinion. Attached is a summary of
why I continue to believe that the City should collect tax in-house. If you have any questions,
please advise. Thank: you. .
TB:JF:af
AFF0131D
REASONS TO MAINTAIN AD VALOREM COLLECTIONS IN-HOUSE
. The County's proposal doesn't save the City any money.
. The City has an established cashiering and customer serve functions, which it
must continue to maintain. Other entities do not have to have these functions.
. Lack of accountability.
. County Tax Assessor is an elected position. Ms. Horn is there today, who will
be there tomorrow?
. Lack of accessibility to tax records by City departments.
. Questionable availability and timeliness of report requests.
. Lack of cost control by the City. Contract states price may increase at County
discretion.
. Combined bill which may portray a negative image when other entities sharply
increase tax rate (as DISD has done. this year) while the City rate has decreased.
. Possible negative ramifications resulting from a rollback election of another taxing
entity .
. Claims of improved collection percentages not always valid.
. County earns a profit from current contract. The County charges all taxing
jurisdictions that same price regardless of economies of scale (overlapping
jurisdictions) .
. City could possibly save tax payers more money by collecting for other entities.
AFF0131D
TO:
Jon Fortune, Chief Financial Officer
OFFICE OF THE CITY ATTORN~~,
MEMORANDUM //4 r; '" ? /'}j /../'.>-,..
/t./IJ~': At4y ~ . ......-:~. :-:;' ','.
I.. ". " / ,D,..L
........ '\7~
'.. ''''. "" :'~ ...../
FROM:
Mike Bucek, First Assistant City Attorney
SUBJECT:
Legal Issues Relating to Collection of City Ad Valorem
Taxes by the County
DATE:
May 30, 1996
In response to the questions raised in your Request for Legal
Services dated May 20, 1996, our office submits the following
answers:
I. Does the Tax Code allow the County to charge for services in
excess of its "actual costs"?
ANSWER: Depends. If the City elects to have the County
assess and collect taxes on its behalf by official action in
the manner required by law (i.e. resolution or ordinance as
implied in ~6.22(c) of Tax Coqe) pursuant to ~6.23(a) (3) of
the Tax Code, then the County is only allowed by Tax Code
~6.27{b} to receive a reasonable fee, which may not exceed the
"actual costs" incurred by the County.
If, however, the City elects to have the County assess and
collect taxes on its behalf through approval of an
interqovernmental contract pursuant to ~6.23(a) (4) of the Tax
Code, then the County is allowed to receive a fee in excess of
the lIactual cost" incurred by the County.
The contract attached to your legal services request
constitutes an intergovernmental contract so the costs
reflected in such contract may exceed the actual cost incurred
by the County. Based on the foregoing it would appear to be
more cost effective to authorize the County to assess and
collect taxes pursuant to an ordinance or resolution rather
than an interqovernmental contract. The quality of service
and attitude of the County toward the City's taxpayers may
well suffer based on the selection of the ordinance or
resolution over the intergovernmental contract. A comparison
of the County's "actual costs" to assess and collect City
taxes vs. the. "intergovernmental contract costs" would appear
to be necessary to determine which procedure the City should
follow if it elects to have the County perform these
functions.
Jon Fortune, Chief Financial Officer
May 30, 1996
. Page 2
II. Negative Legal Ramifications which may arise from contracting
wi th the County to perform tax assessment and collection
functions.
(1) Under the new At-Will personnel policy adopted by the
City, if a City Tax Department employee's attitude toward
taxpayers or other City personnel leaves much to be desired or
such employee's competence is suspect, the City Manager can
quickly remove such employee from the City'S service. On the
other hand, County Tax Department employees can only be
removed by the County Tax Assessor-Collector and if such
Assessor-Collector does not remove the questionable employee,
the City's only recourse is to terminate the City'S contract
with the County.
(2) The threat of termination of a contract is poor leverage
to a City to get the County Tax Assessor-Collector to make
improvements in the manner in which City taxpayers are handled
since it requires the City to hire, train and house new
employees before a transition back to the City could be
implemented. It would also require taxpayers to be educated
as to where to begin paying City taxes again. Finally, tax
collection contracts require a 30 - 60 day notice to terminate
or cure breaches before the City can takeover the collection
process.
(3) Historically, the taxing entities with the lowest tax
burden on the taxpayer receive their annual tax payments prior
to the taxing entities with the higher tax burdens. The
change in one entity collecting more of the tax burden usually
results in higher delinquent tax accounts. The City'S action
in transferring collection of taxes to the County could result
in less tax revenues available for early investment by the
City.
(4) The City has no authority to implement cost control
measures or streamline the tax collection process when County
employees are collecting taxes. If County's costs go up, the
City'S costs may go up as well. The County can even increase
the City's costs even when the County's cost have not
increased .with the only recourse of the City being the
termination of the interlocal agreement. When the City
reassigns its tax department personnel to other departments or
terminates such employees as a result of the collection
process being assumed by the County, it becomes very costly in
the short term to reimplement a tax collection office.
Jon Fortune, Chief Financial Officer
May 30, 1996
Page 3
III. Possible changes to the "Interlocal Cooperation Agreement -
Tax Collection."
(1) Provide in Sec. III. (8.) that daily collection reports
shall be faxed to City unless City agrees to accept such
reports by mail.
(2) Provide in Sec. XI. that tax revenues collected on City's
behalf by County be deposited in City's depositories unless
City agrees to accept receipt of such revenues.
(3) Provide in Sec. XI. (1.) that all City tax revenues shall
be deposited in City bank accounts by wire transfer unless
City agrees to deposit by mail.
(4) Provide in Sec. XI. (3.) that deposits will be made daily
and that this provision survives termination of this
agreement.
?4J=~._j}
Mike Bucek
MB:tr
pc: Ted Benavides, City Manager
Herb Prouty, City Attorney
Susan Croff, Internal Auditor
F:\WPDOCS\COR\CNTYTAX.MEM
.--....
r-
~.
THE ATTORNEY GENERAL
OF TEXAS
JIM :MATTOX
ATTORNEY GEXERAL
December 20, 1988
/
Honorable James M. Kuboviak
County Attorney
Brazos County
300 E. 26th st., suite #325
Bryan~ Texas 77803
Opinion No. JM-996
Re: Construction of term
"actual costs" in section
6.27 of the Tax COde, and
related questions ,~
(RQ-1478) j/
--"
Honorable Janelle Haverkamp
County Attorney
Cooke County
Gainesville, Texas 76240
Dear Mr. Kuboviak and Ms. Haverkamp:
There are three situations in which a county might
assess, collect, or assess and collect taxes for other
taxing units in the county. First, a county might do so if
the qualified voters by petition and election require the
county to do so, pursuant to section 6.26 of the Tax Code.
In that instance, the charge for performing such services is
governed by subsection 6.26(g) of the code, which provides:
itA taxing unit shall pay the actual cost of Derformance of
the functions to the office or entity that performs func-
tions for it pursuant to an election as provided by this
section. II (Emphasis added.) Second, a county may assess or
collect taxes for other taxing units in that county if the
governing bodies enter into an Interlocal Cooperation Act
contract, pursuant to section 6.24 of the code. Neither
section 6.24 of the code nor the Interlocal Cooperation Act
itself, article 4413(32c), V.T.C.S., specify that charges
may be made for the performance of such services; they are
both silent on the matter. Third, a county may assess or
collect taxes for another taxing unit in that county if it
is required to do so by law. It is this last situation with
which you are concerned, and it is governed by section 6.27
of the Tax Code.
You ask first about the proper method for determining
the "actual costs" incurred under section 6.27 of the code
when the county tax assessor-collector assesses and collects
)
.
p. 5096
..
Honorable James M. Kuboviak
Honorable Janelle Haverkamp
page 3 (JM-996)
,~
(b) The
entitled to
exceed the
assessina and
unit pursuant
of Subsection
code.
county assessor-collector is
a reasonable fee. which ~v not
actual costs incurred. for
collectina taxes for a taxina
to Subdivisions (1) throuqh (3)
(a) of section 6.23 of this
-'
Cc) The assessor or collector for a taxing
unit other than a county is entitled to
reasonable compensation, which may not exceed
the actual costs incurred, for assessing or
collecting taxes for a taxing unit pursuant
to Subsection (b) of Section 6.23 of this
code. (Emphasis added.)
Section 6.23 of the code permits, and in some cases
requires, the county tax assessor-collector to asses~ and/or
collect taxes for other taxing units:
(a) The county assessor-collector shall
assess and collect taxes on property in the
county for the county. He shall also assess
and collect taxes on property for another
taxing unit if:
(1) the law creating or authorizing
creation of the unit requires it to use
the county assessor-collector for the
taxes the unit imposes in the county;
............
2. In spite of the phrase "which may not exceed the
actual costs incurred," we'do not construe section 6.27 to
permit a county tax assessor-collector to impose a fee that
is l.uJl than the actual costs incurred. au, ~, ~
Antonio rndeD. School Dist. v. Board of Trustees of San
Antonio Elec. , Gas System, 204 S.W.2d 22 (Tex. civ. App.
El Paso 1947, writ ref'd n.r.e.): Tex. Const. art. III, ii
51, 52; Attorney General Opinions &-1018 (1977); V-953
(1949); see also Acts 1987, 70th Leq., H.J.R. No. 83, 51, at
4127 (text of proposed constitutional amendment that failed
to receive voter ratification, which would have permitted a
county to, inter alia, use county personnel to perform work
without compensation for another governmental entity under
certain conditions).
p. 5098
Honorable James M. Kuboviak
Honorable Janelle Haverkamp
Page 5 (JM-996)
,~.
,."..,'!
'''''''-
We think that a plain, common sense readinq of subsec-
tion 6.27(a) requires such a construction. Subsection (b)
of section 6.27 of the Tax Code provides:
The county assessor-collector is entitled
to a reasonable fee, which may not exceed the
actual costs incurred, for assessing and
collecting taxes for .a taxing unit pursuant.
to Subdivisions (1) throuqh (3) of Subsection
(a) of Section 6.23 of this code. (Emphasis
added. )
Subsection (a) of section 311.011 of the Government Code
provides: "Words and phrases shall be read in context and
construed according to the rules of grammar and common
usage." Reading the underscored phrase above in context and
according to rules of common usage, we conclude that the
phrase refers to the costs incurred bv the county tax
assessor-collector for performinq assessment and collection
functions for another taxing unit.. If the legislature had
intended that the county tax assessor-collector impose a fee
equal to the cost that would have been. incurred by the
contracting taxinq unit if it had performed the services for
itself, it explicitly would have so provided.
,-.
We are required, moreover, to construe a statute or
code provision so as not to ascribe to the legislature
intent to do an unreasonable thinq if the provision
reasonably is susceptible of such a construction. state
Hiqhwav Oe~/t v. Gorham, 162 S.W.2d 934 (Tex. 1942):
Anderson v. Penix, 161' S.W.2d 455 (Tex. 1942). The
legislature clearly intended that taxing units in certain
instances assess and collect taxes for otber taxing units in
order to promote efficiency and economy in the performance
of governmental functions. It has permitted, or in some
instances, required such consolidation of services. ~ Tax
Code, SS 6.23, 6.24, 6.26. Because one of the means by
which the legislature effected such a consolidation is by
Interlocal Cooperation Act contract, we think that it is
reasonable to assume that the legislature intended that the
Tax Code provisions promote the same. public policy as the
Interlocal Cooperation Act itself promotes. The purpose of
the Interlocal Cooperation Act is set forth in that act's
first section:
--.'
It is the purpose of this Ac~ to imDrove
the efficiency and effectiveness of local
aovernments by authorizing the fullest
possible range of intergovernmental
p. 5100
Honorable James M. Kuboviak
Honorable Janelle Haverkamp
Page 7 (JM-996)
~
....;;.:.1
budget of the Tax Assessor-Collector which
relates to the assessing and cOllecting of
property taxes?
It has been suggested that, based upon Attorney General
Opinion JM-833 (1987), the county tax assessor-collector is
empowered by the Texas Constitution to determine the "actual
costs" involved. We disagree. 4 In Attorney General Opinion'
JM-833, we concluded that section 6.26 of the Tax Code,
which purported to authorize the electorate to divest .the
county tax assessor-collector of the duties of assessing and
collectinq taxes for the county, was unconstitutional. ;. We
so concluded because article VIII, section 14, of the Texas
Constitution placed in the county tax assessor-collector
"all the duties with respect to assessinq property tor the
purpose of taxation and of collectinq taxes [for the
county], as may be Drescribed bv the Leqislature.11
(Emphasis added.) The opinion held that the language of
...--..,
4. It also has been suqqested that section 6.24 of
the code confers j oint authority on the cODbDissioners court
and the county tax assessor-collector to determine what are
"actual costs." The purportedly relevant language of
section 6.24 provides:
Cb) The commissioners court with the
aD'Droval of the county assessor-collector may
contract as provided by the Interlocal Coop-
eration Act with the governing body of
another taxing unit in the county or with the
board of directors of the appraisal district
for the other unit or the district to perform
duties relating to the assessment or collec-
tion of taxes for the county. (Emphasis
added. )
We noted in the third footnote that the reach of
section 6.27 specifically does not extend to a section 6.24
contract, because section 6.27, by its terms, does not
apply when assessinq and collecting is performed pursuant to
subdivision (4) of subsection (a) of section 6.23, i.e. when
such services are performed pursuant to "an intergovern-
mental contract." Therefore, reliance upon section 6.24 of
the code in support of the proposition that a county tax
assessor-collector may determine, whether jointly or
independently, what are "actual costsl' as set forth in
section 6.27 of the code is misplaced.
..........'
p. 5102
Honorable James M. Kuboviak
Honorable Janelle Haverkamp
Page 9 (JM-996 )
1"..
::.~:."~
the budget necessarily includes the authority to determine
and budget the expenditures for' the various counties'
offices, we conclude that the county commissioners court is
empowered to determine as a final matter, in conjunction
with its authority regarding the budget, what are "actual
costs" incurred by the county pursuant to section 6.27 of
the code.
SUMMARY
'-'
, (;;;~.
The phrase .lIactual costs" set forth in
section 6.27 of the Tax Code refers to those
costs that the collecting taxing unit or
appraisal district incurs over and above the
cost that it would incur if it were not
collectinq for another taxing unit. The
county commissioners court has implicit
authority, derived from exp11cit authority
regarding the preparation and adoption of a
county's bUdget conferred by chapter 111 of
the Local. Government Code, to determine as a
final ]latter what are the "actual costs"
incurred by the county pursuant ~o section
6.27 of the Tax Code.
/81:: y
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Jim Moellinger
Assistant Attorney General
--
p. 5104
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Police
ACM: Jon Fortune, Assistant City Manager
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding proposed changes
to Chapter 6, Section 27 of the City of Denton Code of Ordinances dealing with
livestock.
BACKGROUND:
As the City of Denton continues to grow and develop, new housing developments are
being placed on or near to areas that have traditionally been used as pasture land for
livestock. Because of this, there is an increasing amount of conflict concerning the
housing of livestock (Bovine, Equine, Goats, Sheep, Swine) in the vicinity of these new
developments. In attempting to address citizen complaints in this area, staff found several
issues that need to be addressed including conflicts between the provisions of Denton
Development Code and the requirements of Chapter 6 of the Code of Ordinances dealing
with livestock.
Current Applicable Regulations
Denton Development Code
Under the Denton Development Code, properties in every zoning category contain a
"limitation 7", which addresses the keeping of livestock. This limitation states that on
properties between 1 and 3 acres in size, two head of livestock can be kept. An additional
head of livestock can be kept for each additional acre. Livestock cannot be kept on
parcels of land less than one (1) acre in size. Other than a reference to an Equestrian
Development, there is no mention or reference to the requirements for keeping livestock
in Chapter 6 of the Code of Ordinances.
Code of Ordinances 6-27
The City of Denton Code of Ordinances Chapter 6, Section 27 (a) and (b) provides
spacing requirements to keep livestock within the city limits. Subsection (a) addresses the
keeping of Swine, and requires a spacing distance of one thousand (1000) feet between
the lot, pen, building, stable, or other enclosure containing the swine and any other
building. Subsection (b) addresses the keeping of Bovines, Equines, Goats, and Sheep,
and requires a distance of 200 feet from any habitable building (other than buildings of
the livestock owner). Further, it contains a provision that was passed in 2003 concerning
"Equestrian Developments" where the distance requirements for Equines is removed on
properties within a housing development that is designated as an "Equestrian
Development" by the Director of Planning and Development.
Current Case Law
Current court case rulings have defined the pen, stable, or enclosure of livestock to be the
specific building, pen, or structure intended to house the livestock. It does not include
those areas that are used for the general grazing of the livestock. In effect, this ruling
serves to limit the applicability of the distance requirements. As it stands, if the pen or
stable provided for livestock is positioned such that it is outside of the required distance
from other habitable buildings, the livestock are considered to be in compliance with city
ordinance, even if the livestock regularly graze in areas that are closer than the required
distance to habitable buildings.
Issues/Conflicts
Applicability of Space Requirements
As stated above, current case law established that only the pen or stable used to house
livestock can be considered in the application of the distance requirements set forth in
Chapter 6-27 of the Code of Ordinances. Because of this, citizens can find livestock
grazing closer than the required two hundred (200) foot requirement, yet staff cannot
enforce the distance provision in the code. The inclusion of the Equestrian Development
provision makes the distance requirements even more complicated. The distance
requirements are provided to ensure the health and safety of citizens around the livestock.
By including a provision that eliminates these requirements in Equestrian Developments,
the distance requirements for Equines are no longer defensible in terms of health and
safety. The city cannot take a position that the distance is necessary in one setting to
protect the health and safety of citizens and then allow the removal of the same distance
requirements in another setting. The lack of any mention in the Development Code about
other, additional requirements to maintain livestock creates a potential conflict for people
who see they are allowed to keep livestock under the Development Code but are unaware
of the added space requirements under Chapter 6-27 of the Code of Ordinances.
Designation of Equestrian Development
As it stands, the Director of Planning and Development makes the designation of a
housing subdivision as an Equestrian Development. This is done when the proposed
development is planned and designed around horse-related activities. The definition
includes having common riding trails, arenas, and stables. However, it also includes a
provision allowing for individual stables to be maintained on individual properties.
Several issues arise from this provision. First, a development could be designated as an
Equestrian Development based on the plans for the subdivision to build common trails
and stables. Until these are completed, private stables are built and maintained on
individual properties. Over time, for a variety of potential reasons, no common amenities
are completed. The property is still designated as an Equestrian Development, meaning
that the distance requirements in Chapter 6-27 do not apply to horses on these properties.
Likewise, a development can be built using lots that are of sufficient size to allow for
horses under Limitation 7 of the Development Code. There are no plans for common
trails or stables, but stables are built and maintained on individual properties. The rest of
the development is designed around equestrian themes, including the names of streets and
the development itself. Because it does not have the official designation as an Equestrian
Development, the distance requirements in Chapter 6-27 would still apply.
Recommended Solutions
Distance Requirements
Due to the conflicts that are involved in the use of distance requirements, staff
recommends the removal of the distance requirements for livestock other than Swine.
There are specific health issues related to the keeping of Swine that cannot be adequately
addressed without the current one thousand (1000) foot distance requirement. Unlike the
provision for other livestock, the current distance provision for Swine requires the one
thousand foot distance from all structures - including those of the owner.
Instead of the current two hundred (200) foot distance requirement, staff recommends the
implementation of the current language in Limitation 7 of the Development Code. In
effect, this would require a minimum of 1 acre of property to maintain or keep Equine,
Bovine, Goat, or Sheep within the city limits. Further, a property owner would be limited
to two (2) head of livestock on properties between one and three (1-3) acres, and an
additional head for each acre over three (3). This change would effectively eliminate the
conflicts that exist in trying to interpret and enforce the current provisions that are
applicable to the keeping of livestock. There are other provisions in effect that adequately
address the manner and conditions for keeping livestock including odors and the
attraction of pests. These provisions ensure that any livestock kept would be maintained
in an acceptable environment that limits the potential to negatively impact surrounding
properties.
Livestock Registration
Further, staff recommends the institution of a registration program for livestock
maintained within the city limits. The City currently requires the annual registration of
dogs, cats, and ferrets kept within the city limits. Included in the registration requirement
for livestock, would be a provision for the livestock owner to authorize the City of
Denton Animal Services Officers with voluntary permission to enter onto their property
to inspect the health of the animals and the general conditions the animals are kept in.
This consent would provide an effective means to quickly address complaints of foul
odors and improper or poor living conditions. Currently, Animal Services Officers could
be forced to obtain an administrative warrant to inspect these conditions. The registration
would also provide for a listing of known properties containing livestock, which would
be of tremendous use in returning stray animals to their owner. Staff recommends that the
registration for livestock be free of charge. However, failure to register livestock would
be an offense in keeping with the current provisions concerning dogs, cats, and ferrets.
Staff believes that these changes will effectively address the growing number of conflicts
between property owners as the city expands and grows. These changes will allow for the
fair and equitable enforcement of the livestock regulations and eliminate some current
conflicts that exist between the different provisions that are applicable to the issue.
PRIOR ACTIONIREVIEW:
None.
FISCAL IMPACT:
The passage of this ordinance will not have any projected or related costs to the City of
Denton.
Respectfully Submitted,
w
..~
Charles Wiley
Chief of Police
Prepared by:
~
- .
Lt. Scott Fletcher
Operations Bureau
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Solid Waste
ACM:
Howard Martin, 349-8232
..
SUBJECT
Receive a presentation on the potential applicability of Bioreactor Technology at the City of
Denton landfill. Information will be provided on the projected capital and operational costs.
BACKGROUND
Bioreactor technology accelerates landfill waste decomposition, and accelerates biostabilization
of landfilled organic constituents. Bioreactor landfills are controlled environmental systems that
require proper operations management. There are approximately seventy operating bioreactor
landfills within the United States, but currently none in Texas. The Cities of Dallas and Denton
are proposing to implement the first bioreactor landfills in Texas.
There are benefits from operating a landfill utilizing bioreactor technology. The benefits include
increased landfill disposal capacity, a shorter period of post-closure maintenance due to faster
biostabilization, increased gas production for beneficial use, lower leachate treatment costs, and
increased site life.
The City of Denton's bioreactor technology costs and financial benefits have been projected, and
were reviewed by a consultant. The consultant stated the City's analysis was conservative, and
that he would expect greater waste densities than utilized in the City's analysis. The City's
landfill settlement and financial projections, and the potential implementation of this technology
at the City's landfill will be discussed during the meeting.
Staff provided a landfill bioreactor presentation to the City Council in November 2004, and had
additional discussions concerning this technology with the City Council during December 2005.
OPTIONS
The City Council may recommend that the Solid Waste Department begin the implementation of
landfill bioreactor technology at the City of Denton Landfill, or they may recommend that the
Solid Waste Department not pursue landfill bioreactor technology.
RECOMMENDA TION
The city staff recommends the City implement landfill bioreactor technology at the City's
landfill.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
The City Council was provided an introductory bioreactor presentation during their work session
meeting of November 8,2004.
In December 2004, during the discussions of other solid waste agenda items, bioreactor
technology was briefly discussed by the City Council.
The Public Utilities Board approved the utilization ofbioreactor technology at the City of
Denton landfill during their meeting of May 23,2005.
FISCAL INFORMATION
Proj ected budget information will be presented during the staff presentation.
EXHIBITS
1. The Bioreactor Landfill - An Innovation in Solid Waste Management
2. Summary ofBioreactor Settlement and History
3. Solid Waste Bioreactor Budget Comparison
Respectfully submitted:
a-(-l~
A. Vance Kemler
Director of Solid Waste
THE BIOREACTOR LANDFILL - AN INNOVATION IN SOLID WASTE
MANAGEMENT
John Pacey
EMCON, San Mateo California
Committee Chairperson
Don Augenstein
IEM, Palo Alto, California
Richard Morck
Engage Environmental, North Bend,
Washington
Debra Reinhart
College of Engineering
University of Central Florida
Orlando, Florida
Ramin Yazdani
Yolo County
Planning & Public Works Department
Woodland, California
Introduction
Sanitary landfilling in the United States has made monumental strides in the last 20 years,
moving from open dumps with little or no control to "state of the art" controlled facilities with
sophisticated containment systems, environmental monitoring, improved operational practices,
and increased regulation. The modern sanitary landfill is truly an important component of
today's integrated solid waste management system. However, in order to advance the field of
solid waste management, new and innovative ways of managing solid waste disposal need to be
continually evaluated. One idea that has gained significant attention in the last several years is
the "bioreactor landfill." The concept is seen as a way to significantly increase the extent of
waste decomposition, conversion rates and process effectiveness over what would otherwise
occur within the landfill. Other benefits include maximization of landfill gas (LFG) capture for
environmental recovery projects; increased landfill capacity; improved opportunities for leachate
treatment and storage; reduction of post-closure activities; and abatement of greenhouse gases.
This "White Paper" presents an overview of the bioreactor landfill concept, including existing
relevant regulations, benefits to be derived, design and operational issues and possible solutions
to many of these issues. In addition, the paper addresses the numerous non-technical and non-
environmental barriers to acceptance of the bioreactor landfill concept. This paper is intended to
raise reader awareness that the bioreactor landfill is an emerging viable option for solid waste
management. It is hoped that landfill owners and operators, policy makers, regulators, others
concerned with the environment, and the public at large will use this paper as a focal point for
future discussion.
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
1
EXHIBIT 1
Background
The predominant municipal solid waste disposal option in use today is the sanitary landfill.
Landfills must meet the requirements of the Resource Conservation and Recovery Act (RCRA),
Subtitle D, the Clean Water Act, the Clean Air Act and numerous other Federal, State and local
regulations. The intent and guiding principle of these regulations is to keep wastes "dry," thus
minimizing production ofleachate and LFG, two of the major by-products of waste degradation.
The underlying assumption is that a 30-year post-closure period is the minimum necessary to
effectively manage the very long-term environmental liabilities of the organic components, salts
and heavy metals contained within conventional "dry" Subtitle D landfills. The containment
provided by these landfills offers environmental protection initially; however, at some point
beyond the 30-year period, there may be partial failure(s) of the containment lining system
(underlying and overlying the waste). The primary environmental issue associated with partial
containment system failure and moisture infiltration is the potential associated increase in gas
and leachate production and the resulting impact of uncontrolled leachate and/or LFG releases to
the environment. The nature and magnitude of the releases exiting the landfill and their resulting
impacts is directly related to the amounts of organic waste not yet decomposed.
Howa Bioreactor Landfill Differs from a Conventional Landfill
As defined in this paper, a bioreactor landfill is a sanitary landfill that uses enhanced
microbiological processes to transform and stabilize the readily and moderately decomposable
organic waste constituents within 5 to 10 years of bioreactor process implementation. The
bioreactor landfill significantly increases the extent of organic waste decomposition, conversion
rates and process effectiveness over what would otherwise occur within the landfill.
Stabilization means that the environmental performance measurement parameters (landfill gas
composition and generation rate and leachate constituent concentrations) remain at steady levels,
and should not increase in the event of any partial containment system failures beyond 5 to 10
years ofbioreactor process implementation.
The bioreactor landfill requires certain specific management actIvItIes and operational
modifications to enhance microbial decomposition processes. The single most important and
cost-effective method is liquid addition and management. Other strategies, including waste
shredding, pH adjustment, nutrient addition, waste pre-disposal and post-disposal conditioning,
and temperature management, may also serve to optimize the bioreactor process. Successful
implementation also requires the development and implementation of focused operational and
development plans.
In effect, the bioreactor landfill is merely an extension of the accepted Subtitle D leachate
recirculation landfill option. However, the bioreactor process requires significant liquid addition
to reach and maintain optimal conditions. Leachate alone is usually not available in sufficient
quantity to sustain the bioreactor process. Water or other non-toxic or non-hazardous liquids and
semi-liquids are suitable amendments to supplement leachate (depending on climatic conditions
and regulatory approval). Other process amendment strategies may also be included, subject to
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: I
2
regulatory approval. Although Subtitle D does permit recirculation of leachate and condensate
from a specific landfill, many states have not yet endorsed the leachate recirculation option, let
alone permitted the addition of water or other liquid amendments needed to facilitate the
bioreactor activity.
Shortly following closure of a bioreactor landfill, the landfill gas generation rate will usually be
at its highest. It will then quickly decline over the next 5 to 10 years to a stable and relatively
low and declining rate. Similarly, shortly after landfill closure, many leachate contaminant
concentrations will change from levels regarded as highly polluted to much lower levels
normally characteristic of extended stabilization. The leachate quantity at closure will be a finite
amount, amenable to on-site treatment with limited need for off-site transfer, treatment and
disposal. In the event of post-closure partial containment system failure, the quality of the
leachate generated from infiltration into a bioreactor landfill will be much better than other drier
Subtitle D landfills.
Evidence suggests that bioreactor landfills can meet Subtitle D requirements. A 1997 SW ANA
survey of 130 US bioreactor landfills indicates that most environmental and other relevant
concerns have been resolved; information on leachate recirculating landfills in existence
worldwide is similarly positive.
Existing Regulations, Policy, and Activities
Present regulations generally encourage landfills to remain relatively dry. In most cases, the
final moisture content remains close to that of the entering waste.
The Federal Code most pertinent to liquid addition is 40 CFR 258.28, which only allows
reintroduction of leachate and condensate into Subtitle D lined landfills, described in 40 CFR
25.40 (a)(2). Subtitle D does not expressly bar amendments, and is in fact silent on the issue.
Some states interpret 40 CFR 258.28 to mean that liquid addition, other than leachate and
condensate, is not allowed into landfills. Despite this oft-taken position, Federal Code may be
interpreted to prohibit only the addition of bulk liquid wastes, and not amendments, to landfills.
Thus water and other amendment additions to landfills appear permissible within regulations.
For example, the US EPA, Region 10, approved an amendment to Washington State's solid
waste regulation that specifically allowed water addition in a controlled manner to a specific
composite lined, subtitle D Landfill.
The bioreactor and leachate recirculating landfills differ from the "dry" Subtitle D landfill in that
they each receive managed liquid additions to augment waste stabilization. The bioreactor
landfill differs from the leachate recirculating landfill in that it can obtain rapid and complete
stabilization by use of water and other amendments. For the bioreactor landfill, water is clearly
not a waste but an amendment. Other potential bioreactor additions such as sludge and nutrients
could also be categorized as amendments. Federal Code is open to necessary amendments
providing that other statutory constraints are met, e.g., leachate head limits on the base liner and
inclusions of a single composite liner.
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
3
Favorable federal policy toward the bioreactor landfill has begun to develop. In the Federal
Climate Change Action Plan (CCAP) of 1993, Action Item 37 contains, among others, the
following relevant recommendations:
. Creation of a joint state/federal coordination program to facilitate siting/permitting of
enhanced recovery (i. e., bioreactor) landfills.
. Modification of environmental performance standards and regulatory requirements to
remove unnecessary barriers to bioreactor landfills.
In addition to support apparent in these policy statements, federal support seems implicit in long-
standing US EPA sponsorship of bioreactor experimental work. One representative
compendium of work may be found in the EP A seminar publication, "Landfill Bioreactor Design
and Operation," proceedings of the EPA Symposium in Wilmington, Delaware, March 1995. A
large body of other work has been sponsored and published under EP A auspices over the past
three decades.
With respect to states, a 1997 SW ANA data collection effort included a survey of state
regulatory agencies to determine their position on leachate recirculation and landfills as
bioreactors, (Gou and Guzzone, 1997). Of 50 distributed surveys, 37 were returned.
The survey indicates that approximately 130 MSW landfills are currently employing leachate
recirculation. More than half (21) of the respondents cited specific state regulations on leachate
recirculation. For the most part, the state requirements closely follow those stipulated under
RCRA Subtitle D, i.e., a composite liner system and leachate collection system (LCS) to
maintain leachate head levels below 1 foot (30 cm).
Six states supplement their regulations with additional specific requirements, including gas
collection, runoff controls, leak detection systems, and double liner systems (i.e., Delaware and
New York.) In other states, survey responses list no specific requirements, save a requirement to
obtain Department and state approval. For example, Ohio and Wyoming allow leachate
recirculation, however, there are no specific state rules pertaining to the practice. Finally, three
states do not permit recirculation at all. In these cases, either leachate production is not a
primary concern ( dry climate), or most of the state's landfills are unlined, or the state
environmental agency simply does not find the practice researched and studied adequately for
implementation.
At the time the survey was administered (mid 1997), fourteen states indicated either that they
accept bioreactor landfills, approval was pending, or they would consider a proposal. States
favoring, considering, or accepting bioreactor landfills include: Alabama, Alaska, Arkansas,
California, Colorado, Delaware, Florida, Iowa (one project pending), Michigan, Mississippi,
Montana, New Jersey, New York and Washington.
Eleven states (Arizona, Illinois, Kansas, Kentucky, Massachusetts, Maryland, Nebraska, New
Hampshire, Ohio, and Pennsylvania) indicated that they would not approve a bioreactor landfill.
Others gave no answer, or indicated they were in the process of evaluating the technology. A
primary reason cited by those not approving of bioreactor landfills was that most landfills were
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
4
unlined. Those that did permit bioreactor landfills usually classified the practice under
recirculation, rather than as a separate category. In many of the states lacking specific bioreactor
regulations, the practice had never even been requested. However, the topic had been considered
internally through permit modifications or alterations.
Example Bioreactor Landfill Activities
. California: For three years, Yolo County has been operating a bioreactor
demonstration cell that contains 9,000 tons of refuse. Yolo County is negotiating with
concerned state regulatory agencies to permit and then operate the next IS-acre landfill
cell of the Yolo County Central Landfill as a bioreactor.
. Delaware: The Delaware Solid Waste Authority has operated the major landfill (largest
in the state) at Sandtown as a bioreactor for more than 10 years.
. Florida: The state recently allocated more than 3.2 million dollars to establish a
demonstration bioreactor landfill.
. Georgia: Two aerobic bioreactor landfill projects are operational; one at the Live Oak
Landfill in Atlanta, the other at the Baker Road Landfill in Columbia County
. Iowa: The Bluestem Solid Waste Authority has received a $500,000 state grant for its
bioreactor project at the Bluestem #2 Landfill near Marion. Waste placement
commenced in December 1998 and the demonstration project should receive final cover
in June 1999.
. New York State: An anaerobic bioreactor operation is being carried out at the Mill
Seat Landfill; a pretreatment aerobic bioreactor activity is operational at Elmira.
. South Carolina: The State Research and, Development and Demonstration Program is
sponsoring an aerobic activity at the Aiken County Landfill.
. Washington State: Washington Administrative Code 173-351-200(9) specifically
permits bioreactor landfills. The pertinent section on operating criteria on liquid
restrictions states, "Bulk or non-containerized liquid waste may not be placed in
MSWLF units unless: (ii) the waste is leachate or gas condensate derived from the
MSWLF unit, or water added in a controlled fashion and necessary for enhancing
decomposition of solid waste, as approved during the permitting process of WAC 173-
351-700, whether it is a new or existing MSLF or lateral expansion."
Potential Benefits of the Bioreactor Landfill
Numerous benefits can be derived from the bioreactor landfill. These are situation-dependent
and can affect different parties or stakeholders in different ways. They can accrue in the form of
environmental, regulatory, monetary and social benefits. Some of the key benefits include:
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
5
Rapid organic waste conversionl stabilization
. Rapid settlement - volume reduced and stabilized within 5 to 10 years of bioreactor
process implementation.
. Increased gas unit yield, total yield and flow rate - almost all of the rapid and
moderately decomposable organic constituents will be degraded within 5 to 10 years of
closure.
. Improved leachate quality - stabilizes within 3 to 10 years after closure.
. Early land use possible following closure.
Maximizing of landfill gas capture for energy recovery projects
. Significant increase in total gas available for energy use, which provides entrepreneurial
opportunities.
. Potential increase in total landfill gas extraction efficiency (enabled over a shorter
generation period).
. Increased greenhouse gas reduction from lessened emissions.
. Increase in fossil fuel offsets due to increased gas energy sales.
. Assistance in defraying landfill gas non-funded environmental costs.
. Significant economy of scale advantage due to high generation rate over relatively short
time.
Increased landfill space capacity reuse due to rapid settlement during operational
time period
. Increase in the amount of waste that can be placed into the permitted landfill airspace
(effective density increase.)
. Extension of landfill life through additional waste placement.
. Deferred capital and financing costs needed to locate, permit and construct replacement
landfill results in capital and interest savings.
. Significant increase in realized waste disposal revenues.
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
6
Improved leachate treatment and storage
. Low cost partial or complete treatment; significant biological and chemical
transformation of both organic and inorganic constituents, although mostly relevant to
the organic constituents.
. Reintroduction of all leachate over most of the operational and post-closure care period
significantly reduces leachate disposal costs.
. Absorption ofleachate within landfill available up to field capacity.
Reduction in post-closure care, maintenance and risk
. Rapid waste stabilization (within 5 to 10 years) minimizes environmental risk and
liability due to settlement, leachate and gas.
. Landfill operation and maintenance activities are considerably reduced.
. Landfill monitoring activities can be reduced.
. Reduction of financial package requirement.
. In the event of partial liner failure, there should be no risk of increased gas generation,
worsening leachate quality, increased settlement rate or magnitude.
Another major benefit ofbioreactors may come from greenhouse gas abatement. Bioreactors can
generally rapidly complete methane generation while attaining maximum yield. This can be
combined with nearly complete capture of generated gas using the bioreactor landfill in
combination with a landfill gas energy project (Augenstein et ai, 1997). With this approach, the
high generation level and gas capture efficiency maximizes landfill greenhouse gas offset
potential.
Additional goals and benefits may also accrue, including: 1) transformation of certain resistant
organics (dehalogenation, etc.) and sequestration of certain inorganics (precipitation, etc.); and
2) pollutant removal processes of filtration, capture, sorption, etc. that are promoted by leachate
recirculation (Pohland, 1995).
BIOREACTOR LANDFILL ISSUES
Design
For the most part, state and federal regulations (primarily RCRA Subtitle D), dictate the design
of the modern landfill. Required design components include the liner, leachate collection
facilities, gas collection and management facilities, and the final cap. These same components
must be adapted during the operational period of the bioreactor landfill to manage leachate,
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
7
including liquid introduction, and to handle enhanced gas generation. The following issues must
be addressed to produce a successful project that satisfies regulatory concerns.
Cell Size.
For economic and regulatory reasons, an emerging trend in traditional landfill design is to build
deep cells (or phases) that are completed within two to five years. This trend bodes well for
bioreactor landfill evolution. Phased cell construction can more easily take advantage of
emerging technological developments, rather than committing long term to a design that may
prove to be inefficient. Once closed, methanogenic conditions within the cell (phase) are
optimized and gas generation and extraction is facilitated. However, extremely deep landfills
may be so dense in the lower portions that refuse permeability will inhibit leachate flow. In
these instances, it may be necessary to limit addition and/or recirculation to the upper levels, or
develop adequate internal drainage management capability.
Maximum Allowable Leachate Head on the Bottom Liner.
Federal regulations prescribe a one-foot maximum allowable leachate head on the bottom liner.
This criterion may be readily achieved by appropriate design and specifications of bottom liner
slopes, drainage layer flow distances, and hydraulic conductivity of the leachate drainage layer.
The design can be aided by use of mathematical models such as HELP3 developed by the Corps
of Engineers (Schroeder et ai, 1994). Since leachate head predictions are based on mathematical
models, regulatory agencies may require monitoring to verify performance.
Liquid management
An estimate of the design flow rates and liquid storage and supplementation capacity must be
developed for the liquid management system. Sufficient storage will be required to ensure that
peak leachate generation events can be accommodated. Sufficient liquid supply (i.e., leachate,
water, wastewater, or sludge) must be assured to support project goals. The volume of liquid
needed to reach waste field capacity can be based on prior field studies, model predictions, or
landfill specific measurement. Expressed as a volume per mass of solid waste, the range of
liquid addition to reach field capacity is 25,000-50,000 gallons per 1,000 tons of solid waste
(Reinhardt and Ham, 1974).
There are various methods of adding liquid. Methods that directly apply the leachate and water
to the solid waste can target moisture supplementation levels (desired gallons/ton or cubic yard)
during active landfilling. One option is to apply the liquid at the working face as refuse is placed
into the landfill. In this case, however, operators must be prepared to deal with increasing gas
generation shortly thereafter.
Another option is to add moisture after waste placement, which controls the onset of rapid gas
generation. Applying leachate and water to solid waste already in place can be accomplished by
using surface irrigation systems, infiltration ponds, injection wells, or trenches. Selection
considerations include climate, malodors, worker exposure, environmental impacts, evaporative
loss, reliability, uniformity and aesthetics. Buried trenches or vertical wells offer advantages of
minimum exposure pathways, good all-weather performance, and favorable aesthetics.
However, they may be adversely impacted by differential settlement. Guidance on liquid
addition, alternative design and performance can be found in Reinhart and Townsend (1997).
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
8
Solid Waste Density Considerations
Adding liquid to solid waste will increase its density, which can be of critical importance in the
design of load-bearing structural members in the landfill. Most notably, the leachate and LFG
collection system must be designed to accommodate the increased load, which may be as much
as 30% heavier because of expected moisture uptake and settlement. The design process for
determination of the buried leachate pipe load bearing capacity is described in Harrison and
Watkins (1996).
Landfill Gas Control System
A bioreactor landfill will generate more landfill gas in a much shorter time than a drier landfill.
To efficiently control gas and avoid odor problems, the bioreactor landfill gas extraction system
may require installation of larger pipes, blowers and related equipment early in its operational
life. Horizontal trenches, vertical wells, near surface collectors, or hybrid systems may be used
for gas extraction. Greater gas flows are readily accommodated by increased pipe diameter, as
capacity increases as the square of pipe diameter. Liquid addition systems should be separate
from gas extraction systems to avoid flow impedance. The porous leachate removal system
underlying the refuse should be considered for integration with the gas extraction system.
Enhanced gas production can negatively impact side slopes and cover if an efficient collection
system is not installed during active landfill phases. Uplift pressure on geomembrane covers
during installation may cause ballooning of the membrane and may lead to some local instability
and soil loss. Temporary venting or aggressive extraction of gas during cover installation may
facilitate cover placement. Once the final cover is in place, venting should be adequate to resist
the uplift force created by LFG pressure buildup. The designer should consider the pressure
buildup condition on slope stability when the collection system is shut down for any significant
time.
Landfill Stability
Addition of liquid into the refuse to increase biological activity will increase the total weight of
the refuse mass and may cause an increase in internal pore pressure. This stability issue can be
readily assessed and resolved with standard geotechnical analyses (Maier, 1998). Seismic
effects should also be considered during geotechnical analysis when appropriate.
Settlement
A bioreactor landfill will experience more rapid, total and complete settlement than a drier
landfill. Accelerated settlement results from both an increased rate of decomposition of the solid
waste and increased compression through higher specific weights. Settlement during the
landfilling operations will impact the performance of the final surface grade, surface drainage,
roads, gas collection piping system, and leachate distribution piping system. Because of the
significant increase in settlement magnitude and rate, it could be very beneficial to overfill the
refuse above design grade before placement of the final cover. Alternatively, a significant
benefit may accrue if final cover and final site improvement installations are postponed and the
rapid settlement is used to recapture airspace. Settlement impacts can be readily accommodated
by the project design. Since settlement will be largely complete soon after landfill closure, long-
term maintenance costs and the potential for fugitive emissions will be avoided.
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
9
Operations
The bioreactor landfill is a waste treatment system. During landfill operations, it requires closer
attention to system performance than the drier landfill. Successful operation of a bioreactor
landfill depends upon control and monitoring of biological, chemical, and hydrologic processes
occurring within the landfill. Operational and maintenance programs addressing settlement,
landfill gas, and leachate may be reduced to a minimal level once the landfill is closed and the
refuse is largely stabilized.
Solid Waste Pre-treatment or Segregation
Bioreactor operations are most efficient and effective where the refuse has high organic content
and high exposed specific surface area. For this reason, bioreactor operations should be
concentrated on waste segregated to maximize its organic content and shredded, flailed, or
otherwise manipulated to increase its exposed surface area. Waste segregation could include
separation of construction and demolition (C&D) wastes from MSW. Limited shredding can be
obtained by spreading refuse in thin lifts and using landfill equipment to break open plastic bags
and break down containers. Mechanical shredding can be efficient and effective in reducing
particle size and opening bags, however it is an intensive, high maintenance and high cost
activity, which may not be cost-effective. Moreover, shredded wastes may become exceedingly
dense after placement, thereby limiting moisture penetration.
Leachate Seeps
Adding liquids to solid waste landfills increases the potential for leachate seeps or breakouts;
and the landfill must be operated to minimize such possibilities. Leachate must be precluded
from contaminating storm water runoff. Monitoring for leachate seeps is mandatory, and the
operations plan must include a rapid response action to correct leachate seeps as they develop.
Such measures as installation of slope and toe drains, surface regrading, filling and sealing
cracks as necessary to reduce surface water infiltration, and reducing the liquid addition rate, are
some of the standard methods used to address this condition. Potential for slope seeps can also
be limited by managing liquid addition rate, amount, and location.
Daily and Intermediate Cover
The use of soil cover in a bioreactor landfill requires special attention. A cover more permeable
than the waste can direct leachate to the sides, where the leachate must be properly collected and
drained. Low permeability daily cover can create barriers to the effective percolation of leachate
and water (Miller et ai, 1991). It can also impede leachate distribution and landfill gas flow to
collection and distribution systems. Where low permeability soil is used as cover, its ability to
serve as a barrier should be reduced by scarifiying, or partial removal, prior to placing solid
waste over it. Where low permeability soil cover is placed within 50 feet of the slopes, it should
be graded to drain back into the landfill to preclude leachate from reaching the slope and
emerging as a seep. Use of alternative covers that do not create such barriers can mitigate these
effects. In many cases, alternative covers have been found to be quite cost effective when
compared to soil.
Management of Nutrients and Other Supplement Addition
Nutrient requirements are generally supplied by waste components (Barlaz et ai, 1990), but
research suggests that nutrients and other biological and chemical supplements may be
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
10
considered to enhance biological activity. Addition of such additives has not yet been attempted
in the field. As with waste segregation, or shredding, the costs of nutrient and supplement
additions will need to be justified.
Optimum pH for methanogens is approximately 6.8 to 7.4. Buffering of leachate in order to
maintain pH in this range has been found to improve gas production in laboratory studies.
Particular attention to pH and buffering needs should be given during early stages of leachate
recirculation. Careful operation of the landfill bioreactor initially through slow introduction of
liquids should minimize the need for buffering.
Bioreactor Management Program
It is important that operators of each bioreactor project develop a detailed and thorough
management plan that addresses the project goals; design, operation and maintenance, training,
monitoring, contingency considerations, and QA/QC elements. All issues and solutions should
be addressed in detail within these programs to the satisfaction of regulators and the public. The
bioreactor landfill is possible now that Subtitle D mandates an environmentally secure
environment. Within Subtitle D, some management flexibility is allowable to optimize the
benefits available through controlled management of the organic decomposition process. Under
certain conditions, the bioreactor landfill may be a viable technical option for landfill
management.
Non-Technical Barriers to the Bioreactor Landfill
Research and limited field-scale experience offers solid technical evidence of the efficacy of the
bioreactor landfill. While resolution of remaining technical and the environmental issues
appears assured by implementation of RCRA Subtitle D and the CAA, the bioreactor landfill
also faces the challenge of numerous non-technical barriers. Principal among these are:
. Limited regulatory awareness and negative perception.
. Dearth of site-specific performance quantification.
. Limited availability of proj ect economic assessments.
. Insufficient project sustainability experience.
. Lack of financing experience.
. Extended time expectations for planning permitting and licensing.
. Increased regulatory constraints and conditions.
These non-technical issues and uncertainties must be further addressed to fully evaluate the
viability of potential projects and gain acceptance for the concept. It is hoped that an improving
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
11
understanding of the technical Issues will lead to resolution of many of the non-technical
barriers.
Summary and Conclusion
It is now time to seriously consider acceptance and adoption of the bioreactor landfill as a key
strategy for deriving short and long-term environmental, regulatory, monetary and societal
benefits. The bioreactor option is a direct result of engineering and building a new generation of
environmentally sound landfills; it provides environmental security while permitting and
encouraging rapid stabilization of the readily and moderately decomposable organic waste
components. It is hoped that the emerging bioreactor landfill technology will point our solid
waste industry towards taking a new look at a very effective option to manage our waste
disposal.
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: I
12
REFERENCES
Augenstein, D., R. Yazdani, R Moore and. K. Dahl, "Yolo County Controlled Landfill Project",
Proceedings, SW ANA, 1997 Landfill Symposium.
Barlaz, M. A., RK. Ham, and D.M. Schaefer, "Methane Production From Municipal Refuse: A
Review of Enhancement Techniques and Microbial Dynamics", Critical Reviews in
Environmental Control, 19(6): 557 (1990).
Fletcher, P., "Landfill Gas Enhancement Technology -Laboratory Studies and Field Research",
Proceedings of Energy from Biomass and Wastes, XIII, IGT, 1989. pp. 1001.
Gou, V. and Guzzone, B., "State Survey on Leachate Recirculation and Landfill Bioreactors",
Solid Waste Association of North America, 1997.
Gurijala, K. Rao. and J.M. Suflita, "Environmental Factors Influencing Methanogenesis From
Refuse in Landfill Samples", Environmental Science & Technology, 27(6): 1176-1181 (1993).
Harrison, S. and R.K. Watkins, "HDPE Leachate Collection Pipe Design by Fundamentals of
Mechanics", Proceedings Nineteenth International Madison Waste Conference, Municipal and
Industrial Waste, Department of Engineering Professional Development, University of
Wisconsin, Madison, Wisconsin, September 25-26, 1996.
Holmes, R., "The Absorptive Capacity of Domestic Refuse from a Full-Scale, Active Landfill",
Waste Management, 73(11): 581 (1983).
Kmet, P., "EPA's 1975 Water Balance Method: Its Use and Limitations", Wisconsin Dept. of
Natural Resources Guidance Report, Madison, October 1982.
Korfiatis, G. P., A. C. Demetracopolous, E. L. Bourodimos, and E. G. Nawey, "Moisture
Transport in a Solid Waste Column", Journal of Environmental Engineering, 1l0(EE4): 789-
796 (1984).
Maier, T. B., "1998 Analysis Procedure for Design of Leachate Recirculation Systems",
Proceedings, SW ANA 1998 Landfill Symposium.
Miller, L.v., R E Mackey and J. Flynt, "Evaluation of a PVC Liner and Leachate Collection
System in a 10 Year Old Municipal Solid Waste Landfill", Presented at the Solid Waste
Association of North America's 29th Annual Solid Waste Exposition, 1991.
Natale, B.R, and W.C. Anderson, "Evaluation of a Landfill with Leachate Recycle", Draft report
to US EPA Office of Solid Waste, 1985.
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
13
Pacey, lG., lC. Glaub and R. E. Van Heuit, "Results of the Mountain View Controlled
Landfill Project", Proceedings of the GRCDA 10th International Landfill Gas Symposium,
GRCDA, Silver Spring, Maryland, 1987.
Pohland, F.G., "Landfill Bioreactors: Historical Perspective, Fundamental Principles, and New
Horizons in Design and Operations", EPA/600/R-95/146, 9-24, September 1995.
Quasim, S. Rand l C. Buchinal, "Leaching from Simulated Landfills", Journal Water Pollution
Control Federation, 42(3): 371 (1970).
Reinhart, D. Rand T. G. Townsend, "Landfill Bioreactor Design and Operation", Lewis
Publishers, New York, NY, 1997.
Reinhardt, J.I. and RK. Ham, "Solid Waste Milling and Disposal on Land Without Cover", U.S.
Environmental Protection Agency, Cincinnati, Ohio, PB-234 930, 1974.
Robinson, RD. and P.l Maris, "The Treatment of Leachates from Domestic Waste in Landfill
Sites", Journal of Water Pollution Control Federation 57(1): 30 (1985).
Schroeder, P. R., C.M. Lloyd and P.A. Zappi, "The Hydrologic Evaluation of Landfill
Performance (HELP) Model, User's Guide for Version 3", EPA/600/R-94/168a, 1994.
Townsend, T. G., Miller, W.L. and Earle, l F. K., "Leachate Recycle Infiltration Ponds", ASCE
Journal of Environmental Engineering, June 1995.
Yolo County Department of Public Works, and I EM., "Yolo County Controlled Landfill
Bioreactor Project", Report to Urban Consortium Energy Technology Foundation, March 1998.
-c:ldocuments and settingslryazdanilmy documentslbioreactor-paperslbioreactword6.doc-96Ir: 1
14
Summary of Bioreactor Settlement and History
General Bioreactor Chronology:
Late 1960s - early 1970s
1979
1980s
First pilot scale bioreactor field studies
First leachate recirculation only bioreactor field study
Full scale bioreactor landfill cells
Currently approximately 70 bioreactor landfills operating in states whose regulations
allow permitting and operation ofbioreactor landfills.
Representative Site Settlement/Airspace Recapture
Information
Location
King George, Virginia
Yolo County, California
New River, Florida
Louisville, Kentucky
Crow Wing, Minnesota
Spruce Ridge, Minnesota
WMI site, Illinois
Percenta2e Airspace Recovery
12%, in 12 months
19%, in 2 years
15% to 30%
13.6%, short term
18% to 20%, in 3 to 4 years
20% to 25%
42%
EXHIBIT 2
C")
I-
m
I
><
UJ
...-... ...-...
0 0 0 0 0 L.() 0 0 L.() It)
0 0 0 0 L.() N 0 0 I'- N
Q) 0 <D <D 0 <D -.;t <D 0 <D en
(.) 0 C") C") 0 <D co C") 0 co ..q~
c:: (J) (J) co ...-- -.;t co
C'CS ----- ...-- -----
'i:
C'CS
>
f:I7 f:I7 f:I7 f:I7 f:I7 ~
<( L.() co L.() co <D (J) 0 C") (J) L.() 0 <D 0
10. (J) L.() -.;t 0 0 <D 0 <D N -.;t 0 0 0
a.. 0 -.;t C") -.;t (J) N ...-- 0 L.() <D -.;t 0 co ..q
:E - C") L.() 0 (D~
(.) C'CS ...-- I'- I'- 0 0 C") I'- I'- C")
C'CS E (J) <D 0 (J) <D -.;t 0 (J) 0 0 L.() 0 It)
0 (DQ) C") ...-- N -.;t N <D L.() (J) I'- N ...-- N
U 010. 0 -.;t L.() ...-- ...-- L.()
0,2 10.
.....
NID 0
I 10.
c:: a..
0
z
f:I7 f:I7 f:I7 f:I7 f:I7 ~
m
a: L.() co 0 L.() co <D (J) 0 0 (J) (J) L.() 0 ...-- It)
0 10. (J) L.() 0 -.;t 0 0 <D L.() 0 co N -.;t 0 co N
0 C'CS -.;t C") 0 0 (J) co ...-- <D 0 (J) <D 0 0 -.;t M
10- - E C") 0 ...-- I'- C") 0 <D L.() I'- ...-- 0 N "r"'"
(D(.) ...-- ...--
U 10. (J) <D (J) ...-- (J) L.() <D ...-- 0 0 0 ...-- ...-- ...-- ..q
OC'CS 0 C") ...-- N -.;t C") L.() ...-- L.() 0 I'- N ...-- N "r"'"
<( OQ) .....
NIo. 0 -.;t L.() ...-- N L.()
W 0 10.
a: ID a..
f:I7 f:I7 f:I7 f:I7 f:I7 ~
m
w
10- en
UJ Q)
~ :J
C
Q) en en
rn > Q)
w Q) tn en Q)
:J rn 0::: Q) c Q)
C ::::J Q) LL
Z W en I.... c:: Q.. Q)
W rn Q) Q) Q) >< I....
> Z en Q) ..c tn UJ :J tn
Q) LL ...... > en
0 W W 0 Q) Q) Q)
a:: a.. :J Q) a:: tn en ~ Q) 0 tn
UJ c en -. c:: Q) en () c::
>< Q) 0) Q) en 06 > Q)
...J I.... en Q) I.... ...... Q)
w > co Q) :J lj: a. c 0 Q) Q) Q) en a.
...J Q) ..c LL 0 Q) en () LL 0 Q)
u:: C 0::: () en Q) "C >< Q.. I.... Q) a.. >< E
z I.... Q) Q) c c:: w >< 0 0::: C en Q) -. w
C :J en C'CS UJ ...... I.... en 0
Z <( co (f) co co ...J () Q) Q) Q) (.)
en ..c lj: co co (f) '+- ..c I.... lj:
<( 0 Q) (f) () Q) (ij "C ~ Q) ~ en () :J "C c::
Q.. C () ...... c c en
...J ...... en c:: 06 I.... Q.. ..0 c:: -
en co co en - 0 co co 0
...... co I.... 0 C'CS co Q) I.... I.... C'CS Q)
0 (f) ~ LL ~ .... ...J 0 (Q u 0 l- LL U ...J Z
AGENDA INFORMATION SHEET
AGENDA DATE:
July 26, 2005
CM:
Economic Development
Mike Conduff ~
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance providing for the sale of real property located at 634 E.
Prairie Street as a part of the City's Infill New Construction Program for affordable housing for
sale to low-moderate income buyers; and providing for an effective date.
BACKGROUND
The 2003 Action Plan for Housing and Community Development allocated $206,640 to the
"Infill New Construction" housing program. The program is designed to use vacant properties in
low to moderate-income areas for construction of single-family housing units. Under the
program, the City of Denton acquired the property at 624 E. Prairie as trustee through the tax
foreclosure process. A sales price of$I,950 was accepted for the property by the taxing entities.
A three-bedroom, two and 1Iz bath unit with approximately 1,350 square feet has been
constructed on the site. The unit will be sold to a qualifying family that obtains a mortgage loan
to purchase the property and maintain it as their principal residence. The unit has been
advertised at a sales price of $89,000.
ESTIMATED PROJECT SCHEDULE
The unit is projected to be complete and available for occupancy by mid-August.
PRIOR ACTIONIREVIEW (Councils, Boards, Commissions)
City Council approved purchase of the property for the project by ordinance on January 20,
2004.
FISCAL INFORMATION
Approximately $90,000 in HOME funding was used for the project.
EXHIBITS
Copy of Ordinance
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
S:\Our Documents\Ordinances\05\634 Prairie Sale Ord.doc
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY LOCATED AT 634
E. PRAIRIE STREET AS A PART OF THE CITY'S INFILL NEW CONSTRUCTION
PROGRAM FOR AFFORDABLE HOUSING FOR SALE TO LOW-MODERATE INCOME
BUYERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, in the 2003 Action PIan for Housing
and Community Development, approved implementation and funding for an Infill New
Construction Program for the benefit of low-moderate income homes (the "Program"); and
WHEREAS, the Program which was approved for implementation by City Council
specified the acquisition of vacant properties for the purpose of new affordable housing
construction; and
WHEREAS, the subject property is commonly known as 634 E. Prairie Street which is
more particularly described as a parcel or tract of land containing approximately .064 acre, and
being a portion of Lot 1 & 4 (W45' Each), Block 6, Jasper Addition, as described in a deed dated
December 13, 1967 from the Mount Calvary Baptist Church of Denton to Lucius A. Wilkerson,
Et AI, recorded in Volume 560, page 384 of the Deed Records of Denton County, and being
situated in the City of Denton, Denton County, Texas, and further described in document number
2003-6981 in the deed records of Denton County, Texas (the "Property").
WHEREAS, the City has previously acquired the Property (DCAD Parcel number
R22134) as authorized by City of Denton Ordinance Number 2004-020 for the purpose ofinfill
housing development for low-moderate income buyers; and
WHEREAS, the sale of the Property to low-moderate income buyers is exempt from the
requirements of Chapter 272 of the Local Government Code (the "Code") pursuant to Section
272.001(g) of the Code, which authorizes sales for less than fair market value for low-moderate
income housing; and
WHEREAS, the City Council finds that the sale of the Property to a low-moderate
income buyer under the Program is a valid public purpose and is in the public interest; NOW
THEREFORE,
THE CITY 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 Property is hereby incorporated into the Program under which the City
of Denton may acquire, improve and convey real property that is appropriate for new
construction to promote conservation of Denton neighborhoods and provide affordable housing
to low-moderate buyers.
Page 1
S:\Our Documents\Ordinances\05\634 Prairie Sale Ord.doc
SECTION 3. The City Manager, or his designee is hereby authorized to convey the
Property to a qualified low-moderate income buyer on such terms and conditions and for such
consideration as is required and authorized by the Program, without further City Council action.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Kathy DuBose
..
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas approving an agreement
between the City of Denton and the Denton Record Chronicle; approving the expenditure of
funds for the purchase of legal advertising services available from only one source in accordance
with the provisions of the State law exempting such purchases from requirements of competitive
bids; and providing an effective date (File 3362-Agreement with the Denton Record Chronicle in
the amount of $8.00 per column inch for an estimated award of $33,000).
BID INFORMATION
This is an annual agreement with the Denton Record Chronicle to publish legal notices for
various City Departments that are required by law to do so. The advertising will be paid by
departments such as: the City Manager's Office, City Secretary, Legal, Parks and Recreation,
Planning, Police, Utility Administration and Purchasing.
The Denton Record Chronicle is the only newspaper published and distributed within the City of
Denton city limits; therefore, this is a sole source acquisition. Sole source supplies and/or
services protected by copyrights or patents are exempt from the competitive bid process (Chapter
252 Texas Local Government Code).
RECOMMENDA TION
Award to the Denton Record Chronicle in the estimated amount of $33,000.
PRINCIPAL PLACE OF BUSINESS
Denton Record Chronicle
Denton, TX
ESTIMA TED SCHEDULE OF PROJECT
This agreement is for a 12 month period beginning July 17,2005.
FISCAL INFORMATION
The using Departments will provide funding for this item.
Agenda Information Sheet
July 26, 2005
Page 2
Attachment 1: Retail Advertising Agreement
l-AIS-File 3362
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1
RETAIJ.. ADVRRTrSrNG AGREEMENT
DENTON PUBLlSIITNG COMPANY;
You tlre hen~hy allthorized to pl1bllsh advertilling for ~hc lmdcp,igned in lhe Dt'ntOlI Record-Chronicle, Demol! TIme,
1Y Chrollicle, D('ntml firlsiness Clltotlic/e, and/or The Grtlpt'vil1f SUll 1t-'-1 spcci~ku belnw:
A minimum of ..4 t}()() inchcsnnsertions per mOlluvyeal', t'or u period of ~ITlonLhs/w~i!I<... p~j,linning
~:.. \ 'f \ "l ) 8- ClO.5" ' for insertions which Iht: E1dvt:nhler agrees to r~1.Y ~hc r(lllowin~ fine/; r~r t;olumn inch, per
pll liCll.rJOrJ; payabl::: monthly ~s u.~ed.
Combillation Buy (Daily) $17.00 o~nblX)ipl1 fhlY (Sunday)$t8.00 Cornbination Buy W~d'll~sday PluJ.\ $22.00 '0 d..
Denwn RCleon.l~Chrnnicl~ (Daily) . VU Denton Record-Chrollick (SundliY) q .:1!-? Wedne:>di.lY Plus ' TO
Denton Time . TV Chrnnicle Denton Business Chronicle
The Grl:l.pcvinc Sun (Pickup Rate) ~S,oO Oi:nton 'County Murning New:; (D.lily) .If; 15,00 Denton County Morning News
(S~mduy) ~
The terms of rhis agreemenl Ufe based on cnsh widl ol'de1' 0(' thiny day ~co~nls Wilh apprclVed cn=clit ny the. b\lSineM office of
Del'1tOli Puh1i~hing Company. AU rates ar~ nct, No rebaleii ("ur lIccumuli-llcd lineage,
lnil;..!
Th.i1< a&1'eern~nl may he ll!nninated by either party for allY tea~on allUly lime. [f !.his agreement is term.inated by either party. a
termiouriun l'urc:hargc. equalLO the difference between CUrrent opc::n ra\.e and advertiller agreement rate. for all advertising
placed under u,~ l~rms ur lhis .1greemenL wlll be added to lhe liIxl\le nameu advertiser's hillin&:. If at. the end of the term of thi~
agreemeot, advcniscr hOlS r<tilcd to meellineage commitmellt. Pellton Publi~hing Cumpany will bill adverli!olCf fClf lh~ b<tlam:e
of tile ag.reement Or the raw difference nOIsed on accunul1ated lilleage, whichever i~ lhc le:i~cr llmuunl.
Initial
DepTh ReC[ujremenL'i-Afl~ ad running more tha.n 18-112 inches in depth will b~ chilfgcd ll.,'l 2l~1/4 inch~~ in depth,
Inllilll
Re~ij~~IJ'.or Plllcllmunt-Wc try co comply with cu.swmel' sectimr 4lf pllgC wqucsL'l_ However placement elm only ne gUllrul1teed
wilh j.\ 35% CO&t of nd chLl.tgc applied. : ,
Illhilll
Ermr,'l ~n~ Ac1justments- Plea..'lC: check Ylll-lr ad the first day it runs to see tha.t all infonnaLion i:-; correcl. Thill w1l1 ensure your
ad is e.xactly whal you wauL rcad~r~ w :;.c,w. n~nlon Publishing. Company u.'1!iU[TlCS nO Te.~punliiplliLy fur CrTllfli llPpeilrins on
odp,inill copy subrnilled by advertil'lef~ or his ;ilancy or npproved proof uf copy (oltcepL proof corrections). w~ must LilI1l.L 01.11'
f;:sponsibility, if an}!, to the charge fllr lhe !lp'.Ice. and catll~01 be l:e~pon!.lible fur inCllm:cL ;His after lhe first day of publication.
Any errors or changes .IIlWil be repnJ1ed to ~ates department the foUowlng bm:inc....s d:.!y. Claiml-; [or crr(\f!l.ln hilting mm;t be
made within 30 day!oi of dlilt of invoice; Olherw.ise. such cla.lln.~ will ~Ol b~ consiuered.
lnidal
Pruufs f CODY and 1 ,l1Y011l Changes - Upon request, pr(lof~ will he delivered to the advertiser provided [he ad was submiued
pr\(lf La deadline and the ad is 20 inches at larger- Copy or layuut changes totalling 25% or mace of [he ad wil1 be subjecltu ll.
proclLlction surcllarge or 35% of lhc cosl of Qlc ad.. . .
, " [lUtlltl
1'e$lrllheer.:;;- Tearsheers ute availabk upon request at no cbarge. up [0 five (5) tearsheet.."i of each ad. Additinnlillearnheel.,'i' mny
1 be re'fU\;,~l.cd fOf .\ charge of 25\t eaell. Any tequell~ mlltl~ 45 c1.1YIi "ner publication date will be filled :-Jubj~Cl W availanilily. If
nu pap~r lli Olvallable, a microfilm copy and r~"tilihcr~ i1ffiduvit may be sub!lututed, minimum chllrg~. $2.0, lbarl'lhccl.s will be
mtUled a~ !.he end (If the month umeblS otherwise f\.-"Cjueli~ccl
1,,'Liul
Cant:ullallim - Adc: cancelled afle(' deadline will he nilll:Q for the "mount ot' space reserved by uUvcrtilicr.
~ ~w
"his agreement is valid and bi ri'ding llpon el(~Ulion and iH made subject to the regulatioll~ covering acce.pmnce and (ll.lhllcation
of advertising wiIh the DENTON PUBUSHING COMPANY: .
Ci \- i of D~n+n0
a\-5 f. (YlLt.inD~~
1)~ 'f'-+O,", I Tt '1 ~ 1..0 I
Advdl1.isel' Company Name
Strl}et Addre.'iS
Mailing Address
City/Stat~JZip Code
Phone Number
Name Clr Au~h(lrizect Agcntw
Tide. of Aglml
SlgnaruL'e of Agl:nL
Approved by
.
.
_. Date
: ~
~
I
i
-
-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON RECORD
CHRONICLE; APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF LEGAL ADVERTISING SERVICES AVAILABLE FROM ONLY
ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF THE STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3362-AGREEMENT WITH
THE DENTON RECORD CHRONICLE IN THE AMOUNT OF $8.00 PER COLUMN
INCH FOR AN ESTIMATED AWARD OF $33,000).
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. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER
VENDOR
AMOUNT
3362
Denton Record Chronicle
$8/column in.
SECTION 2. 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. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 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
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
~~O-Fild"2 ~
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8444
ACM:
Kathy DuBose
..
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of the
Caterpillar Computer Aided Earthmoving System (CAES) 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 3363-Purchase of a
Computer Aided Earthmoving System to Holt CAT in the amount of $74,620).
BID INFORMATION
At their meeting of February 18, 2003, the City Council awarded the purchase of a Caterpillar
D7R landfill dozer equipped with a Caterpillar CAES system, which included the base station,
wireless antenna infrastructure, software, and the radio controlled on board computer system for
one machine.
The City Council approved the purchase of the CAES system for the Landfill's AI-Jon
Compactor on January 6, 2004.
With the CAES system, the field operators have moved from relying on survey stakes and flags
to define and manage the work area, to having an electronic plan available in the machine cab.
This ensures proper waste placement, more efficient operations, and optimum compaction. With
real time grade/slope information the operator better performs operations to maximize airspace
utilization. Additionally the CAES system permits the identification of site-specific storage areas
for all materials requiring a record of their placement.
At their meeting of December 7, 2004, the City Council awarded the purchase of a used 826
Caterpillar Compactor from the City of Brownwood, Texas. The Caterpillar CAES system
requested for purchase would be installed on this machine, providing both of the Landfill's
compactors with this landfill management technology.
This is the only system fully compatible with the system currently installed on other landfill
equipment. The CAES system is only available from Holt CAT and is therefore considered a sole
source item.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this at its July 11,2005 meeting.
Agenda Information Sheet
July 26, 2005
Page 2
RECOMMENDA TION
Award to Holt CAT in the amount of $74,620.
PRINCIPAL PLACE OF BUSINESS
Holt CAT
Ft Worth, TX
ESTIMA TED SCHEDULE OF PROJECT
The Computer Aided Earthmoving System will be delivered and installed on the compactor
within 90 days of receipt of order.
FISCAL INFORMATION
This item will be funded from account 660041584.1350.30100
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Sole Source Letter
Attachment 2: Quote from Holt CAT
l-AIS-File 3363
Attachment 1
. '-' -. -', . :',." .'- ,.....' '," -.... -."
'--" - ,'. - - -.
".. '-., ',.. '. " ,'-,'.
,,' ".' -"."'- ..,.-....- -. '-,.'.......
.' .- - - - - - - - .---. . - -'
"'-"'~':""--"'E""Z
'.,- ',' , 'Y~.' ~,':'" ." . _ '- . i. _ . .:.'-'
. '. --"
. .' -" , "'.- '."',~, , '... . " -,'",' " . ." - . .
. -' .. , . '-' .'. , .
~ '. ,. . :....' ',_". _ 'c '._ __ '_..
.... ..-.~. ..' . .. '- . .' .
'." ,-. .-.
. -- ...-'
.'_._", "'. ' _. c.' .
'.,,} ...... "-. ..' .::' :.it: ' . '.
c",-. ., ""_. .'.
^-. ".,',"
-, "
, - - n__' ',"
. ,'". '.~--- ,0:' ,'. .
.__'_ C'~""_'
, .- ~.:;,;
............ III
.- - ." ,-, ". ' . - '." -,'.'.." - - ~ -- -' - ',:, ..',
:;;',,~~~:.'~.. ~ :.':.~. ',_ '.',0",-'-' >':::-:;..<....'_ "::<} <,:>.-:_ '>';(, ,,:-':-><:::;:
........ '::.:..,<.<. .-.<,',".<':,-- I
:.';_:_-:~_:.:. :>--;_',:--'::~ '>';.: {-::":" ..~.~t:__:~:,:,-;_:_.,c:_:_';_~:<~:~t,:;:\~~;;~/; . "/(^~"
""/i\~"'CC'{{>'''''''C:
. -f-:'-'
'" " ... .'_,', -, ~__'-_ "':"._n.'
,- '. y";'._/-.c,....'.,
San Antonio · Austin · Corpus Christi · Dallas' Ft Worth · Laredo' Longview' Texarkana' Tyler' Victoria' Waco · Weslaco
July 5, 2005
Tom Shaw
City of Denton
Purchasing Department
804 Texas St.
Denton, TX 76201
Dear Mr. Shaw,
Attached is a copy of a quotation requested by and delivered to the
City's Landfill. Although the quotation has expired, we are able to
revise and extend the quote until July 29, 2005.
The CAESultra On-Board system quoted is the same model as the
systems on the Landfill's Cat D7R dozer and the Al Jon
compactor, and is the only computer aided system capable of fully
interfacing with the CAESultra Office Software currently in use at
the City's Landfill. This technology is designed by and is an
exclusive of Caterpillar.
HoltCA T appreciates the opportunity of providing this quote.
Please call me at (972) 742-6964 if you have any questions.
Jo ie Terrell
les Representative
cc: Karen Smith
549 North Jim Wright Freeway' Ft Worth, TX 76108.1447 · (817) 246-6651 · FAX (817) 367-0119
www.holttexas.com
Attachment 2
III
San Antonio Austin Corpus Christi Dallas Ft Worth Laredo Longview Texarkana Tyler Victoria Waco Weslaco
March 10,2005
City of Denton Landfill
1100 South Mayhill RD
Denton, TX 76208
QUOTATION
Caterpillar Computer Aided Earthmoving System:
CAES Vehicle System
One 900MHZ Radio
Shipping
Installation:
By Caterpillar Factory Representatives at City of Denton Landfill on the City's Caterpillar 826 Compactor, sn: 7LN757.
Local Dealer field service time, if needed, will be charged at published rates.
Support Agreement:
24 hour Technical Support (by phone)
Software Upgrades
Firmware Upgrades
The Support Agreement is for the first l2-month period begimring at the end of the software warranty period and is
renewable annually through Caterpillar. Support Agreement rates to be determined at the time of renewal.
Warranty: Software - 90 days
Hardware - 1 year
Quote Sale Price
$74,620
Terms:
Order must be received by Holt CAT by April 15, 2005
System to be invoiced from date of shipment to the City of Denton
Payment due 30 days from date of invoice
549 North Jim Wright Freeway Ft Worth, TX 76108.1447 (817) 246.6651
www.holttexas.com
FAX (817) 367-0119
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF THE CATERPILLAR COMPUTER AIDED EARTHMOVING
SYSTEM (CAES) SOFTWARE P ACKAGE AVAILABLE FROM ONL Y ONE
SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3363-PURCHASE OF A
COMPUTER AIDED EARTHMOVING SYSTEM TO HOLT CAT IN THE AMOUNT
OF $74,620).
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. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER
VENDOR
AMOUNT
3363
Holt CAT
$74,620
SECTION 2. 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. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 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
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
~~O-Fild"3 ~
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Curt Arndt 349-7342
ACM:
Kathy DuBose
..
SUBJECT
Consider adoption of an Ordinance of the City of Denton accepting competitive bids and
awarding a three year contract for traffic signal construction for the City of Denton Traffic
Division; providing for the expenditure of funds therefore; and providing an effective date (Bid
3340- Three Year Contract for Traffic Signal Construction awarded to lowest responsible bidder,
Durable Specialties, Inc. in the annual estimated amount of $100,000).
BID INFORMATION
This bid is for a three-year contract to supply all labor, supervIsIOn, tools and equipment
necessary for the construction of traffic signals utilizing City of Denton and Texas Department of
Transportation specifications. The City of Denton will supply all hardware including poles,
signal heads, wire, and signs.
RECOMMENDA TION
Award to the lowest responsible bidder, Durable Specialties, Inc., in the estimated annual
amount of $100,000.
PRINCIPAL PLACE OF BUSINESS
Durable Specialties, Inc.
Duncanville, Texas
ESTIMA TED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of three years from the date of award and may
be extended for additional one-year periods if agreed to by both parties with all pricing, terms
and conditions remaining the same.
FISCAL INFORMATION
These items will be funded from account 350132446.1360.43510.
Agenda Information Sheet
July 26, 2005
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
l-AIS-BID 3340
Bid #3340 Attachment 1
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor Vendor
Barco
Construction, Durable
Inc. Specialties, Inc.
Principle Place of Business Denton, TX Duncanville, TX
1 400 TRENCH/BACKFILL/ASPHAL T 2"WIDE - 24"DEPTH $8.30 $4.00
(MIN) LINEAR FT.
2 400 TRENCH/BACKFILL/ASPHAL T 3"WIDE - 24"DEPTH $8.30 $4.00
(MIN) LINEAR FT.
3 400 TRENCH/BACKFILL/ASPHAL T 4"WIDE - 24"DEPTH $8.30 $4.00
(MIN) LINEAR FT.
4 400 TRENCH/BACKFILL/CONCRETE 2"WIDE - 24" DEPTH $12.10 $6.00
(MIN) LINEAR FT.
5 400 TRENCH/BACKFILL/CONCRETE 3"WIDE - 24" DEPTH $12.10 $6.00
(MIN) LINEAR FT.
6 400 TRENCH/BACKFILL/CONCRETE 4"WIDE - 24" DEPTH $12.10 $6.00
(MIN) LINEAR FT.
7 400 TRENCH/BACKFILL/DIRT 2"WIDE - 24" DEPTH (MIN) $0.50 $3.50
LINEAR FT.
8 400 TRENCH/BACKFILL/DIRT 3"WIDE - 24" DEPTH (MIN) $0.50 $3.50
LINEAR FT.
9 400 TRENCH/BACKFILL/DIRT 4"WIDE - 24" DEPTH (MIN) $0.50 $3.50
LINEAR FT.
10 400 TRENCH/BACKFILL/SOD 2"WIDE - 24" DEPTH (MIN) $4.15 $3.60
LINEAR FT.
11 400 TRENCH/BACKFILL/SOD 3"WIDE - 24" DEPTH (MIN) $4.15 $3.60
LINEAR FT.
12 400 TRENCH/BACKFILL/SOD 4"WIDE - 24" DEPTH (MIN) $4.15 $3.60
LINEAR FT.
13 400 TRENCH/BACKFILL/ASPHAL T/NO RESTORATION $4.55 $3.50
2"WIDE - 24" DEPTH (MIN) LINEAR FT.
14 400 TRENCH/BACKFILL/ASPHAL T/NO RESTORATION $4.55 $3.50
3"WIDE - 24" DEPTH (MIN) LINEAR FT.
15 400 TRENCH/BACKFILL/ASPHAL T/NO RESTORATION $4.55 $3.50
4"WIDE - 24" DEPTH (MIN) LINEAR FT.
16 400 TRENCH/BACKFILL/CONCRETE/NO RESTORATION $5.85 $4.00
2"WIDE - 24" DEPTH (MIN) LINEAR FT.
17 400 TRENCH/BACKFILL/CONCRETE/NO RESTORATION $5.85 $4.00
3"WIDE - 24" DEPTH (MIN) LINEAR FT.
18 400 TRENCH/BACKFILL/CONCRETE/NO RESTORATION $5.85 $4.00
4"WIDE - 24" DEPTH (MIN) LINEAR FT.
19 40 POTHOLlNG IN DIRT 12"WIDE - 30" OR LESS DEEP $120.00 $75.00
20 40 POTHOLlNG IN DIRT 12"WIDE - 31" - 48" OR LESS $120.00 $75.00
DEEP
21 40 POTHOLlNG/ASPHAL T UP TO 7.75" - 12"WIDE - 30" $120.00 $100.00
OR LESS DEEP
22 40 POTHOLlNG/ASPHAL T UP TO 7.75" - 12"WIDE - 31" - $120.00 $100.00
48" OR LESS DEEP
23 40 POTHOLlNG/ASPHAL T 8" to 11.75" - 12"WIDE - 30" OR $120.00 $100.00
LESS DEEP
24 40 POTHOLlNG/ASPHAL T 8" to 11.75" - 12"WIDE - 31" - $120.00 $100.00
48" OR LESS DEEP
25 40 POTHOLlNG/ASPHAL T 12" to 15" - 12"WIDE - 30" OR $120.00 $100.00
LESS DEEP
26 40 POTHOLlNG/ASHPAL T 12" TO 15" -12" WIDE - 31"- $120.00 $100.00
48" OR LESS DEEP
27 30 PULL BOX WITH CONCRETE APRON $600.00 $480.00
INSTALL/INCLUDING CONDUIT TIE IN
Bid #3340 Attachment 1
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor Vendor
Barco
Construction, Durable
Inc. Specialties, Inc.
Principle Place of Business Denton, TX Duncanville, TX
28 30 PULL BOX REMOVAL $600.00 $50.00
29 6 INSTALL CABINET FOUNDATION $2,000.00 $2,000.00
30 6 REMOVE CABINET FOUNDATION $2,000.00 $200.00
31 6 INSTALL TRAFFIC SIGNAL CABINET $500.00 $5,000.00
32 6 REMOVE TRAFFIC SIGNAL CABINET $500.00 $100.00
33 2000 INSTALL 2" SCHEDULE 80 PVC $0.47 $3.50
34 2000 INSTALL 3" SCHEDULE 80 PVC $0.55 $3.50
35 2000 INSTALL 4" SCHEDULE 80 PVC $0.60 $3.50
36 8 PEDESTRIAN POLE INSTALL $100.00 $250.00
37 8 PEDESTRIAN POLE REMOVE $100.00 $50.00
38 8 INSTALL STRAIN POLE $700.00 $550.00
39 8 STRAIN POLE (WOOD) INSTALL WITH CONCRETE $1,040.00 $1,000.00
AND GUY WIRES
40 8 STRAIN POLE (WOOD) REMOVE WITH CONCRETE $1,040.00 $250.00
AND GUY WIRES
41 8 INSTALL TRAFFIC SIGNAL POLE SHAFTS (VARIOUS $1,025.00 $1,000.00
SIZES)
42 8 REMOVE TRAFFIC SIGNAL POLE SHAFTS(VARIOUS $1,025.00 $200.00
SIZES)
43 2000 INSTALL SPAN WIRE $2.00 $2.50
44 8 MAST ARM INSTALL 15'-29' $750.00 $50.00
45 8 MAST ARM INSTALL 30'-39' $750.00 $50.00
46 8 MAST ARM INSTALL 40'-49' $750.00 $50.00
47 8 MAST ARM INSTALL 50'-55' $750.00 $75.00
48 8 MAST ARM REMOVE 15'-29' $750.00 $50.00
49 8 MAST ARM REMOVE 30'-39' $750.00 $50.00
50 8 MAST ARM REMOVE 40'-49' $750.00 $50.00
51 8 MAST ARM REMOVE 50'-55' $750.00 $50.00
52 8 MAST ARM RESET $375.00 $250.00
53 32 PEDESTRIAN SIGNAL HEAD INSTALL/COUNTDOWN $320.00 $150.00
54 32 PEDESTRIAN SIGNAL HEAD REMOVE $150.00 $20.00
55 32 PEDESTRIAN PUSH BUTTON INSTALL $150.00 $50.00
56 32 PEDESTRIAN PUSH BUTTON REMOVE $75.00 $10.00
57 32 PEDESTRIAN PUSH BUTTON STATION HOUSING $220.00 $50.00
INSTALL
Bid #3340 Attachment 1
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor Vendor
Barco
Construction, Durable
Inc. Specialties, Inc.
Principle Place of Business Denton, TX Duncanville, TX
58 32 PEDESTRIAN PUSH BUTTON STATION HOUSING $110.00 $10.00
REMOVE
59 16 PEDESTRIAN INSTRUCTIONAL SIGN INSTALL $100.00 $5.00
60 INSTALL LOOP DETECTOR $3,000.00 $5.75
61 32 INSTALL MICRO LOOP $375.00 $300.00
62 INSTALL TELEPHONE INTERCONNECT $1.75 $2.00
63 INSTALL OPTICOM LEAD IN WIRE $1.75 $2.00
64 12 OPTICOM SENSOR INSTALL $125.00 $150.00
65 12 VIDEO DETECTOR AERIAL MOUNT $125.00 $350.00
66 INSTALL VIDEO DETECTOR CABLE $1.75 $2.00
67 INSTALL #6 BARE BOND GROUND WIRE $1.50 $1.00
68 40 BUILD/lNSTALL 3 -SECTION SIGNAL HEAD WITH $100.00 $350.00
BACKPLATE
69 40 REMOVE 3 -SECTION SIGNAL HEAD WITH $100.00 $50.00
BACKPLATE
70 20 BUILD/lNSTALL 5 - SECTION SIGNAL HEAD WITH $125.00 $380.00
BACKPLATE
71 20 REMOVE 5 - SECTION SIGNAL HEAD WITH $125.00 $50.00
BACKPLATE
72 20 BUILD/lNSTALL 5 - SECTION CLUSTER(DOGHOUSE) $350.00 $380.00
SIGNAL HEAD WITH BACKPLATE
73 20 REMOVE 5 - SECTION CLUSTER(DOGHOUSE) $225.00 $50.00
SIGNAL HEAD WITH BACKPLATE
74 6 TRAFFIC CONFIRMATION LIGHT WITH CLEAR GLOBE $500.00 $150.00
AND MOUNTING HARDWARE
75 4 INSTALL OMNI ANTENNA, DB PRODUCTS DB589 $425.00 $450.00
76 4 INSTALL YAGI ANTENNA, MAXRAD MYA93012 $425.00 $455.00
77 INSTALL 19/20 CONDUCTOR SIGNAL CABLE $3.25 $2.00
78 REMOVE 19/20 CONDUCTOR SIGNAL CABLE $2.75 $1.00
79 INSTALL 7 CONDUCTOR SIGNAL CABLE $1.75 $2.00
80 REMOVE 7 CONDUCTOR SIGNAL CABLE $1.50 $2.00
81 INSTALL LOOP LEAD IN 4 CONDUCTOR CABLE $3.25 $2.00
82 REMOVE LOOP LEAD IN 4 CONDUCTOR CABLE $1.75 $2.00
83 INSTALL #6 SERVICE CABLE $2.20 $2.00
84 INSTALL VIDEO CABLE $1.20 $3.00
Bid #3340 Attachment 1
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor Vendor
Barco
Construction, Durable
Inc. Specialties, Inc.
Principle Place of Business Denton, TX Duncanville, TX
85 INSTALL ANTENNA CABLE LMR 400 OR EQUAL $2.00 $3.00
IN::; IALL,JU VVI II KUU,GAGt::,
86 12 CONCRETE FORMS AND 90 DEGREE PVC $2,300.00 $2,000.00
SCHEDULE 40 ELBOW(TXDOT SPEC) AND
CONCRETE.
87 12 REMOVE 30" CAISONS. $250.00 $225.00
INSTALL 36" CAISONS WITH GROUND ROD,CAGE,
88 12 CONCRETE FORMS AND 90 DEGREE PVC $3,375.00 $2,200.00
SCHEDULE 40 ELBOW(TXDOT SPEC) AND
CONCRETE.
89 12 REMOVE 36" CAISONS. $250.00 $200.00
INSTALL 48" CAISONS WITH GROUND ROD,CAGE,
90 12 CONCRETE FORMS AND 90 DEGREE PVC $5,250.00 $4,250.00
SCHEDULE 40 ELBOW(TXDOT SPEC) AND
CONCRETE.
91 12 INSTALL BACK LITE STREET NAME SIGNS $85.00 $200.00
92 12 REMOVE 48" CAISON $250.00 $200.00
93 12 INSTALL STREET NAME SIGNS (NON LITE) $75.00 $200.00
94 32 INSTALL REGULATORY SIGNS ON MAST ARM $175.00 $100.00
95 6 INSTALL WIND DAMPENER ON MAST ARM $85.00 $50.00
96 24 PICK UP POLES AND MAST ARMS AND DELIVER TO $300.00 $100.00
JOB SITE
97 3000 DIRECTIONAL BORE 4" W/RECEIVER PITS 36" MIN $12.00 $11.00
DEPTH
98 1500 DIRECTIONAL BORE 2" W/RECEIVER PITS 36" MIN $10.00 $11.00
DEPTH
SHIPMENT 5 DAYS
ADDENDUM #1 YES YES
SAFETY RECORD QUESTIONNAIRE YES YES
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON ACCEPTING COMPETITIVE BIDS AND
AWARDING A THREE YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION FOR
THE CITY OF DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3340-THREE YEAR
CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION AWARDED TO LOWEST
RESPONSIBLE BIDDER, DURABLE SPECIALTIES, INC. IN THE ANNUAL ESTIMATED
AMOUNT OF $100,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3340
Durable Specialties, Inc.
Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-BID 3340
Bid #3340 Exhibit A
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor
Durable
Specialties, Inc.
Principle Place of Business Duncanville, TX
1 400 TRENCH/BACKFILL/ASPHAL T 2"WIDE - 24"DEPTH $4.00
(MIN) LINEAR FT.
2 400 TRENCH/BACKFILL/ASPHAL T 3"WIDE - 24"DEPTH $4.00
(MIN) LINEAR FT.
3 400 TRENCH/BACKFILL/ASPHAL T 4"WIDE - 24"DEPTH $4.00
(MIN) LINEAR FT.
4 400 TRENCH/BACKFILL/CONCRETE 2"WIDE - 24" DEPTH $6.00
(MIN) LINEAR FT.
5 400 TRENCH/BACKFILL/CONCRETE 3"WIDE - 24" DEPTH $6.00
(MIN) LINEAR FT.
6 400 TRENCH/BACKFILL/CONCRETE 4"WIDE - 24" DEPTH $6.00
(MIN) LINEAR FT.
7 400 TRENCH/BACKFILL/DIRT 2"WIDE - 24" DEPTH (MIN) $3.50
LINEAR FT.
8 400 TRENCH/BACKFILL/DIRT 3"WIDE - 24" DEPTH (MIN) $3.50
LINEAR FT.
9 400 TRENCH/BACKFILL/DIRT 4"WIDE - 24" DEPTH (MIN) $3.50
LINEAR FT.
10 400 TRENCH/BACKFILL/SOD 2"WIDE - 24" DEPTH (MIN) $3.60
LINEAR FT.
11 400 TRENCH/BACKFILL/SOD 3"WIDE - 24" DEPTH (MIN) $3.60
LINEAR FT.
12 400 TRENCH/BACKFILL/SOD 4"WIDE - 24" DEPTH (MIN) $3.60
LINEAR FT.
13 400 TRENCH/BACKFILL/ASPHAL T/NO RESTORATION $3.50
2"WIDE - 24" DEPTH (MIN) LINEAR FT.
14 400 TRENCH/BACKFILL/ASPHAL T/NO RESTORATION $3.50
3"WIDE - 24" DEPTH (MIN) LINEAR FT.
15 400 TRENCH/BACKFILL/ASPHAL T/NO RESTORATION $3.50
4"WIDE - 24" DEPTH (MIN) LINEAR FT.
16 400 TRENCH/BACKFILL/CONCRETE/NO RESTORATION $4.00
2"WIDE - 24" DEPTH (MIN) LINEAR FT.
17 400 TRENCH/BACKFILL/CONCRETE/NO RESTORATION $4.00
3"WIDE - 24" DEPTH (MIN) LINEAR FT.
18 400 TRENCH/BACKFILL/CONCRETE/NO RESTORATION $4.00
4"WIDE - 24" DEPTH (MIN) LINEAR FT.
19 40 POTHOLlNG IN DIRT 12"WIDE - 30" OR LESS DEEP $75.00
20 40 POTHOLlNG IN DIRT 12"WIDE - 31" - 48" OR LESS $75.00
DEEP
21 40 POTHOLlNG/ASPHAL T UP TO 7.75" - 12"WIDE - 30" $100.00
OR LESS DEEP
22 40 POTHOLlNG/ASPHAL T UP TO 7.75" - 12"WIDE - 31" - $100.00
48" OR LESS DEEP
23 40 POTHOLlNG/ASPHAL T 8" to 11.75" - 12"WIDE - 30" OR $100.00
LESS DEEP
24 40 POTHOLlNG/ASPHAL T 8" to 11.75" - 12"WIDE - 31" - $100.00
48" OR LESS DEEP
25 40 POTHOLlNG/ASPHAL T 12" to 15" - 12"WIDE - 30" OR $100.00
LESS DEEP
26 40 POTHOLlNG/ASHPAL T 12" TO 15" -12" WIDE - 31"- $100.00
48" OR LESS DEEP
27 30 PULL BOX WITH CONCRETE APRON $480.00
INSTALL/INCLUDING CONDUIT TIE IN
Bid #3340 Exhibit A
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor
Durable
Specialties, Inc.
Principle Place of Business Duncanville, TX
28 30 PULL BOX REMOVAL $50.00
29 6 INSTALL CABINET FOUNDATION $2,000.00
30 6 REMOVE CABINET FOUNDATION $200.00
31 6 INSTALL TRAFFIC SIGNAL CABINET $5,000.00
32 6 REMOVE TRAFFIC SIGNAL CABINET $100.00
33 2000 INSTALL 2" SCHEDULE 80 PVC $3.50
34 2000 INSTALL 3" SCHEDULE 80 PVC $3.50
35 2000 INSTALL 4" SCHEDULE 80 PVC $3.50
36 8 PEDESTRIAN POLE INSTALL $250.00
37 8 PEDESTRIAN POLE REMOVE $50.00
38 8 INSTALL STRAIN POLE $550.00
39 8 STRAIN POLE (WOOD) INSTALL WITH CONCRETE $1,000.00
AND GUY WIRES
40 8 STRAIN POLE (WOOD) REMOVE WITH CONCRETE $250.00
AND GUY WIRES
41 8 INSTALL TRAFFIC SIGNAL POLE SHAFTS (VARIOUS $1,000.00
SIZES)
42 8 REMOVE TRAFFIC SIGNAL POLE SHAFTS(VARIOUS $200.00
SIZES)
43 2000 INSTALL SPAN WIRE $2.50
44 8 MAST ARM INSTALL 15'-29' $50.00
45 8 MAST ARM INSTALL 30'-39' $50.00
46 8 MAST ARM INSTALL 40'-49' $50.00
47 8 MAST ARM INSTALL 50'-55' $75.00
48 8 MAST ARM REMOVE 15'-29' $50.00
49 8 MAST ARM REMOVE 30'-39' $50.00
50 8 MAST ARM REMOVE 40'-49' $50.00
51 8 MAST ARM REMOVE 50'-55' $50.00
52 8 MAST ARM RESET $250.00
53 32 PEDESTRIAN SIGNAL HEAD INSTALL/COUNTDOWN $150.00
54 32 PEDESTRIAN SIGNAL HEAD REMOVE $20.00
55 32 PEDESTRIAN PUSH BUTTON INSTALL $50.00
56 32 PEDESTRIAN PUSH BUTTON REMOVE $10.00
57 32 PEDESTRIAN PUSH BUTTON STATION HOUSING $50.00
INSTALL
Bid #3340 Exhibit A
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor
Durable
Specialties, Inc.
Principle Place of Business Duncanville, TX
58 32 PEDESTRIAN PUSH BUTTON STATION HOUSING $10.00
REMOVE
59 16 PEDESTRIAN INSTRUCTIONAL SIGN INSTALL $5.00
60 INSTALL LOOP DETECTOR $5.75
61 32 INSTALL MICRO LOOP $300.00
62 INSTALL TELEPHONE INTERCONNECT $2.00
63 INSTALL OPTICOM LEAD IN WIRE $2.00
64 12 OPTICOM SENSOR INSTALL $150.00
65 12 VIDEO DETECTOR AERIAL MOUNT $350.00
66 INSTALL VIDEO DETECTOR CABLE $2.00
67 INSTALL #6 BARE BOND GROUND WIRE $1.00
68 40 BUILD/lNSTALL 3 -SECTION SIGNAL HEAD WITH $350.00
BACKPLATE
69 40 REMOVE 3 -SECTION SIGNAL HEAD WITH $50.00
BACKPLATE
70 20 BUILD/lNSTALL 5 - SECTION SIGNAL HEAD WITH $380.00
BACKPLATE
71 20 REMOVE 5 - SECTION SIGNAL HEAD WITH $50.00
BACKPLATE
72 20 BUILD/lNSTALL 5 - SECTION CLUSTER(DOGHOUSE) $380.00
SIGNAL HEAD WITH BACKPLATE
73 20 REMOVE 5 - SECTION CLUSTER(DOGHOUSE) $50.00
SIGNAL HEAD WITH BACKPLATE
74 6 TRAFFIC CONFIRMATION LIGHT WITH CLEAR GLOBE $150.00
AND MOUNTING HARDWARE
75 4 INSTALL OMNI ANTENNA, DB PRODUCTS DB589 $450.00
76 4 INSTALL YAGI ANTENNA, MAXRAD MYA93012 $455.00
77 INSTALL 19/20 CONDUCTOR SIGNAL CABLE $2.00
78 REMOVE 19/20 CONDUCTOR SIGNAL CABLE $1.00
79 INSTALL 7 CONDUCTOR SIGNAL CABLE $2.00
80 REMOVE 7 CONDUCTOR SIGNAL CABLE $2.00
81 INSTALL LOOP LEAD IN 4 CONDUCTOR CABLE $2.00
82 REMOVE LOOP LEAD IN 4 CONDUCTOR CABLE $2.00
83 INSTALL #6 SERVICE CABLE $2.00
84 INSTALL VIDEO CABLE $3.00
Bid #3340 Exhibit A
Date: 6/28/05
Three-Year Contract for Traffic Signal Construction
ITEM QTY. DESCRIPTION Vendor
Durable
Specialties, Inc.
Principle Place of Business Duncanville, TX
85 INSTALL ANTENNA CABLE LMR 400 OR EQUAL $3.00
WIIH KUU,GAGt::,
86 12 CONCRETE FORMS AND 90 DEGREE PVC $2,000.00
SCHEDULE 40 ELBOW(TXDOT SPEC) AND
CONCRETE.
87 12 REMOVE 30" CAISONS. $225.00
INSTALL 36" CAISONS WITH GROUND ROD,CAGE,
88 12 CONCRETE FORMS AND 90 DEGREE PVC $2,200.00
SCHEDULE 40 ELBOW(TXDOT SPEC) AND
CONCRETE.
89 12 REMOVE 36" CAISONS. $200.00
INSTALL 48" CAISONS WITH GROUND ROD,CAGE,
90 12 CONCRETE FORMS AND 90 DEGREE PVC $4,250.00
SCHEDULE 40 ELBOW(TXDOT SPEC) AND
CONCRETE.
91 12 INSTALL BACK LITE STREET NAME SIGNS $200.00
92 12 REMOVE 48" CAISON $200.00
93 12 INSTALL STREET NAME SIGNS (NON LITE) $200.00
94 32 INSTALL REGULATORY SIGNS ON MAST ARM $100.00
95 6 INSTALL WIND DAMPENER ON MAST ARM $50.00
96 24 PICK UP POLES AND MAST ARMS AND DELIVER TO $100.00
JOB SITE
97 3000 DIRECTIONAL BORE 4" W/RECEIVER PITS 36" MIN $11.00
DEPTH
98 1500 DIRECTIONAL BORE 2" W/RECEIVER PITS 36" MIN $11.00
DEPTH
SHIPMENT
ADDENDUM #1 YES
SAFETY RECORD QUESTIONNAIRE YES
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM:
Kathy DuBose
..
SUBJECT
Consider adoption of an Ordinance of the City of Denton accepting competItIve bids and
awarding a contract for galvanized steel structures for Denton Municipal Electric; providing for
the expenditure of funds therefore; and providing an effective date (Bid 3323-Galvanized Steel
Structures for Hickory Substation awarded to lowest responsible bidder, LeHigh Utility
Associates, Inc., in the amount of $66,616). (The Public Utility Board approved this item by a
vote of 5-0).
BID INFORMATION
The Capital Improvement Program (CIP) contains projects to provide a new source to the west
side of the 69kV transmission loop. The Hickory Substation is an existing substation located at
the intersection of Bonnie Brae and Hickory streets. The Hickory Substation is the location
where the new transmission line originating from the Iron Horse Substation will be connected
into the 69kV loop. It is necessary to modify the Hickory Substation to accommodate this third
transmission line. Bid #3323 is to provide the steel structures for the modification. The existing
69kV station is made up of three, two-column self-supporting structures with wire bus stretched
between the structures. The bus and switches in the station do not have sufficient capacity to
carry the electrical load that will flow through the station as a result of the new line. It was
determined that reconfiguration of the station would be necessary from both structural and
electrical perspectives and to provide space for future replacement of aging transformers and
switchgear.
The planning goal is to complete the Hickory Substation project prior to beginning the
construction of the Iron Horse Interchange and Substation and modifying the Denton West
Interchange. Circuit breakers have already been purchased and substation switches have already
been approved for the Hickory Substation project.
DME will provide labor and equipment for unloading, field assembly and installation of the steel
structures.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
The Public Utility Board approved this item at its July 11,2005 meeting.
Agenda Information Sheet
July 26, 2005
Page 2
RECOMMENDA TION
Award to the lowest responsible bidder, LeHigh Utility Associates, Inc., in the amount of
$66,616.
PRINCIPAL PLACE OF BUSINESS
LeHigh Utility Associates, Inc.
South Plainfield, New Jersey
ESTIMA TED SCHEDULE OF PROJECT
The steel structures can be delivered within ten weeks from date of receipt of order.
FISCAL INFORMATION
Funding for this project will be provided from approved CIP bond funds.
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
l-AIS-BID 3323
.....
-
C
Ol
E
..c:
u
I'll
~
10.
.E
In
Q)
10.
::::I
oIoJ
U
::::I
10.
LnoloJ
oU)
0-
N~
..oIoJ
M....U)
N > '1:1
M-Q)
::::I N
M ..., .-
-w...C
"I't'WlC
Cl-~
l-Ic:(lC
a:lC~
cXS
Ole
e .Q
:O+-'
_ lU
Q) u
$:~
U lU
,LL
~
U
Q)--l
Q)--l
......
(f) ,
e
e 0
coZ
'- lU
f-;- .~
V) '-
._ ..0
O{E
'-
Q) ,
_ Ol
::J e
..c .C
U Q) .
(f) Q) ~
(j) .~ .-
cXSg'
>w
>-
...... '
= V)
z2
:J lU .
._ U
..cue
Olo~
.- V)
I V)
,5<(
V)'
'-
Q)
N .
'c U
lU e
>~
lU
19
C
o
.-
oIoJ
lC
oIoJ
In
.Q
::::I
U)
eu v)'
...... '-
Q) 0
::E...... .
lU U
V) U e
.Y. .C ........
'-..0
lU lU
CLLL
Q)
Q)
......
(f) .
e 0
oU
~
lU
LL
10.
o
~
.~
J:
W '<t
Z (J)
01 N
l.C)
e '<t
.;:: N'
Q)
19 co
-Ill-
::i 0
0
Q)' ~
0
s: 0
Q) N'
e "-
i5: -Ill-
'<t
o
......
l.C)
......
......
'<t
o
......
I
o
e'
o
......
e
lU
U
o
o
l.C)
'<t
l.C)
co'
~
-Ill-
co
o
......
(V)
..
z
-5 :2'
::J Q)
Qij::
(f) e
lU
0::
o
o
~
......
~
~'
~
-Ill-
'<t
o
......
0'
2'
(Eo
......z
V)
Q)
$:
l.C)
~
o
(J)
~
......
"-
-Ill-
(V)
co
X
I-
o
o
o
o
......
0'
"-
-Ill-
co
lU
e
lU
.::s:.
'-
lU
><
Q)
I-
(V)
o
......
N
>-
......
o
~~
......
lU
I
o
o
~
~
o
(J)'
(J)
-Ill-
~
o
......
'<t
co
-0 '-
-0 Q) Q)
Q) 0.. ,......, .:t= V)
N 0.. V)
-0 .- Q) lU .::s:.
e e ..c '- Q)
lU lU V) ::J V) Q)
.?: ...... .::s:. 3:
V) V) Q) U Q)
V) lU ...... ..0 ::J Q)
Q) OlO '- 3:
e ..0 0 ......
-0 ...... V)
'Vi Q) '- V) Qj
::J ..0 0 ~
CO E ..c -0 0 Q) '-
"- U Q) ...... Q)
CO V)
0 Q) e <;::: -0
V) lU 'u '- -0 '-
Q) V) o Q) '- V) 0
U lU V)' Q) ..c- Q) ~ "-
lU '- Q) 0.. u..o -0 0
0:: V) e E V) ::J
0 '- ~ '- ...... ......
"- ::J V) <( Q) 0 U 0..
Q) Q) ...... lU '----' V) 0 "- ::J
U CO Q)
0.. .~ 2 ...... V) 0 '-
Q) lU ...... U
'u '- e '- ...... (f) Q)
e o..t) lU Q) 0 0 0.. '-
.;:: 3: E ...... ..c Q) Qj '-
eu u
CL Qj -0 0..'- e u Q) Q)
...... Q) '- ._ 0 Q) ...... .:t=
0 ...... lU ..c .;:: <( '- (f) lU
l- V) ..c (f) 0..
......
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF GAL V ANIZED STEEL STRUCTURES FOR DENTON MUNICIPAL
ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 3323-GAL V ANIZED STEEL STRUCTURES FOR
HICKORY SUBSTATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER, LEHIGH
UTILITY ASSOCIATES, INC., IN THE AMOUNT OF $66,616).
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 therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3323
LeHigh Utility Associates, Inc.
$66,616
SECTION 2. By the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-BID 3323
AGENDA INFORMATION SHEET
AGENDA DATE:
July 26, 2005
CM/DCM/ACM:
Fire Prevention
Jon Fortune, Assistant City Manager ~
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, providing for the renaming of
certain sections of West Prairie Street, Avenue A and Chestnut Streets which run adj acent to the
UNT Parking Garage, Baptist Student Union and University Union to "Union Circle" with a
street address designation of "One Union Circle"; and providing for an effective date.
BACKGROUND
The University of North Texas (UNT) has requested that the City rename certain sections of
West Prairie Street, Avenue A and Chestnut Streets that run adjacent to UNT, the UNT parking
garage, and the Baptist Student Union to "Union Circle." See the attached location maps. The
University has provided letters of support (also attached) from the UNT parking garage, and the
Baptist Student Union for the name change. Expenses associated with the name change will be
the responsibility of UNT. The Historic Landmark Commission has considered this request and
has passed it unanimously.
OPTIONS
1. Approve the ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDA TION
Staff recommends approval of the street name change. There are no foreseeable public safety
issues and may improve easy recognition of the site in an emergency. There is no planned
connectivity of the existing West Prairie Street and Chestnut Streets with West Prairie and
Chestnut to the west of the campus.
ESTIMATED PROJECT SCHEDULE
Upon approval, street signs will be obtained and erected as soon as possible.
PRIOR ACTIONIREVIEW
The Historic Landmark Commission recommended approval on June 13,2005.
ATTACHMENTS
'Y Location maps
'Y Historic Landmark Commission minutes June 13, 2005
'Y Letter from Richard Deter, Director of Police, Parking and Transportation
'Y Letter from John Pearce, Director of the Baptist Student Union Ministry
'Y Letter from Dan R. Martin, Owner of the UNT Parking Garage
'Y Background report provided by UNT Administration
'Y Ordinance
Prepared by:
Dean A. Bray
Fire Protection Engineer-Associate
Respectfully submitted:
Ross Chadwick
Fire Chief
~
CL~
II!'P '"
ij
tC
. ~ t
sc~
Q:~
5t!tl
Q:~
~~
^ ~
~ i ~
~ ~!
~~I
~ C) ~
~ ~~
~ ~I
z C) ~
::J "I ~
~
~~
Q)
~ ~~
~ ~z
too Q; "i:;,;
~o ~f!
:;)~ in
~~p
~ h!
ill f I II H ~ .
~~ll ~ IlluH H
i~~1 U111!IUUf
;u I ful"
.... u
....
Minutes
Historic Landmark Commission
~onday,JuneI3,2005
A regular meeting of the Historic Landmark Commission of the City of Denton was held in Denton Main Street
Office Conference Room, located at 101 S. Locust, Suite 500, on Monday, June 13,2005, at 5:30 p.m.
~embers Present: Peggy Capps, Ann Hatch, Diana Hatch, Donna Morris, Darlene Mullenweg, and Ty Wood
Staff ~embers: Julie Glover, Historic Preservation Officer/Main Street Manager; Alison Ortowski, City of
Denton
Others Present: Dean Bray, Salty Rishel, Aaron Wiethoff
I. Call to order
The meeting was called to order at 5:31 P.M.
II. Consider approval of minutes of the regular meeting of ~ay 9, 2005.
Capps made a motion to approve the minutes of May 9, 2005 with the following changes made: Diana Hatch
added to the Members Present section and the following sentence under Item V, "Ambuehl then observed that
the only proposed change to the building that could not easily be undone is the widening of the center widow"
amended to read "Ambuehl then observed that the only proposed change to the building that could not easily be
undone is the widening of the center window." The motion was seconded by Wood and carried unanimously.
III. Hold a public hearing and take action on a Certificate of Appropriateness for 1816 N. Bell
Avenue (roof - change from black composite to composite that resembles wood shake)
Staff recommendation: Glover reported that staff recommends the project.
Applicant: Not present
In favor: None present
Opposed: None present
Mullenweg then closed the public hearing and opened the matter up to discussion among the Commissioners.
Capps made a motion to approve the Certificate of Appropriateness for 1816 N. Bell. The motion was
seconded by Morris and carried unanimously.
IV. Consider street name change to certain sections of West Prairie Street, Avenue "A" and Chestnut
Streets which run adjacent to the UNT Parking Garage, Baptist Student Union and University Union to
"Union Circle" and make recommendation to City Council
Dean Bray, Fire Protection Engineer with the City of Denton, addressed the Commission, noting that the City of
Denton Fire Department has no opposition to the street name change. Capps then made a motion to recommend
the street name change to the City Council. The motion was seconded by D. Hatch and carried unanimously.
V. Hold a public hearing and take action on a Certificate of Appropriateness for 924 W. Oak (fence
installation to front, side and rear)
Staff recommendation: Glover reported that staff recommends the project.
Applicant: Salty Rishel, contractor for the project, addressed the Commission, letting them know he was
available to answer any questions.
In favor: None present
Opposed: None present
Mullenweg then closed the public hearing and opened the matter up to discussion among the Commissioners.
Mullenweg questioned Rishel as to the materials on the gate. Rishel responded that the gate would be wood on
the outside with the frame on the inside. D. Hatch then made a motion to approve the Certificate of
Appropriateness for 924 W. Oak, with the addition of approval of a sliding gate. The motion was seconded by
A. Hatch and carried unanimously.
VI. Hold a public hearing and take action on a Certificate of Appropriateness for 904 W. Oak
(sidewalk installation)
Staff recommendation: Glover reported that the owner of the home is elderly, has problems walking and needs
to level the walkway to help with that problem. Staff recommended the project.
Applicant: None present
In favor: None present
Opposed: None present
Mullenweg then closed the public hearing and opened the matter up to discussion among the Commissioners.
Mullenweg questioned whether or not there were limits to the width of the sidewalk. Glover noted that the
COA requests a replacement of the walkway, not widening. Capps then made a motion to approve the
replacement of the current walkway, located around the perimeter of the home near the landscaping. The
motion was seconded by Morris and carried unanimously.
VII. Hold a public hearing and take action on a Certificate of Appropriateness for 311 Mounts
(window replacement)
Staff recommendation: Glover passed out brochures containing examples of the proposed window. The
proposed windows are wood frame, wood muttons with one pane of glass.
Applicant: Aaron Wiethoff addressed the Commission, letting them know he was available to answer any
questions.
In favor: None present
Opposed: None present
Mullenweg then closed the public hearing and opened the matter up to discussion among the Commissioners.
D. Hatch questioned whether the windows were vinyl coated. Wiethoff answered that the windows were wood
frame and would be painted. Mullenweg asked Wiethoff if the new windows would the same style as the
original with 9 panes over 9 panes. Wiethoff confirmed that the replacement windows would be the same style
as the originals, with 9 panes over 9 panes. Capps then made a motion to approve replacement of the windows
for 904 W. Oak with new, 9 over 9 all wood windows to match the existing north windows. The motion was
seconded by Wood and carried unanimously.
VIII. Receive Preservation Officer's report
. Glover reported that Item VII for a balcony addition to 208 W. Oak was pulled from the agenda
because the owner of the property had not given her approval of the project.
. Evers House update:
Glover reported that she had received an email from the City's Code Enforcement
Department regarding their investigation of reports that the Evers House had multiple
students leasing rooms there. The email she received listed several dates in July and
September where the Code Enforcement Department had gone by the house due to a
citizen complaint but found no violation.
IX. Future agenda items
. None at this time.
X. Adjourn
Mullenweg adjourned the meeting at 6:12 p.m.
2
UNNERSITYof
NORTH TEXAS
Police, Parking 6- Transportation
May 16, 2005
Mr. Dean Bray
Fire Protection Engineer - Associate
City of Denton
221 N. Elm Street
Denton, TX 76201
RE: Request to rename certain street sections to "Union Circle"
Dear Mr. Bray,
The University of North Texas requests that the City of Denton rename certain
sections of West Prairie Street, Avenue "A", and Chestnut Streets which run
adjacent to the UNT Parking Garage, Baptist Student Union, and University
Union to "Union Circle" (see attached diagram).
The University has advised its Board of Regents of this request, as well as,
obtained the consent from the two known effected property owners, Baptist
Student Ministry, and Martin Parking Systems, Inc.
Additionally, the University Union requests a physical street address designation
of "One Union Circle" if possible.
Dean, thanks for your assistance and cooperation with this request. Please
contact me if I can provide additional information.
With best regards,
~
Richard Deter
Director
Attachments:
diagram of area involved
Letter from Baptist Student Union - 4/5/05
Letter from Martin Parking Systems - 3/28/05
UNT Board of Regents Background Report - 4/26/05
p.o. Box 310948. Denton, Texas 76203-0948. (940) 565-3000
Fax (940) 369-8788. TTY (800) RELAYTX. www.unt.edu/police
Dean Bray
RE: Street renaming - Union Circle
May 16, 2005
Page two
cc: Kelly Carpenter, City of Denton
Dr. Richard Rafes, UNT
Dr. Bonita Jacobs, UNT
Jesse Davis, UNT Student Government Association
David Hall, UNT Student Government Association
Scott Kangas, UNT
April 5, 2005
Baptist
Student
~ i n i s try
To Whom it may concern,
University of
North Texas
The proposed street name change for Avenue A to Union
Circle is a good change. The Baptist Student Ministry is in favor of
this name change.
SM~
John Pearce
UNT BSM Director
P.O. Box 310890
UNT Station
Denton, TX 76203
(940) 387-6331
APi 12 AM10:32
e-mail bsm@unt.edu
www.unt.edu/orgs/bsm
Martin Parking Systems, Inc.
1807 North Elm Street #105
Denton, TX 76201
940-595-6703
March 28, 2005
Richard Deter
Chief of Police
UNT Police Department
P.O. Box 310948
Denton, TX 76203
Dear Chief Deter:
I found your phone presentation today, concerning changing the name of the streets that
encircle the UNT Parking Garage, very interesting. I'm very supportive of changing the
collective names of the campus/city streets bordering the parking garage on the north
side, south side and west side to "Union Circle". The proposed name change is very
appropriate in my opinion. The fact that the UNT Student Government has endorsed the
name change makes it even more appealing to me. Please consider this letter as a vote in
favor of the name change.
Sincerely,
~e
Dan R. Martin
Owner, UNT Parking Garage
lIAR 30 AMl1:09
UNIVERSITYof
NORTH'lExAs SYSTEM
I Background Report I
Committee: Atlmini!li:.trj:ltivp./ Ar:::llipmir.s.
Date Filed: ADril 26. 2005
Title: Request to City of Denton to rename certain sections of West Prairie Street, Avenue "A",
and Chestnut Streets which run adjacent to the UNT Parking Garage, Baptist Student Union,
University Union, etc. to "Union Circle"
Background:
Student Government Association (SGA) President, Jesse Davis, approached UNT administrators
requesting that the above noted area be renamed to better reflect its location on campus and
simplify street identification to a single name. Davis was requested to work with the SGA to
develop a proposed name.
UNT staffhave obtained written consent from non-UNT property owners who would be affected
by the proposed street renaming (Baptist Student Union and UNT Parking Garage). UNT will
formally request the City of Denton to consider making the proposed change. The proposed
change is subject to approval and action by the City of Denton.
Financial Analysis/History:
There are no fiscal implications.
Phil Diebel
DIgIIIlI"'~bJPtilDIebeI
> Df\I:CN..PhlOiebfi c. US. 0.. UNT
S,..,." au.. au.-and "'- Allails
boiihI: 2006.05.03 Il:lill:I52-OS'OO'
Vice Chancellor for Finance
Legal Review:
This board item has been reviewed by the Office of the Vice Chancellor and General Counsel.
Nancy Footer
~""'IlfNol...,"-r
ON:CN",~F_.C.US.O.UNT~..m.
.~~_eo::I6~'OO'
Vice Chancellor/General Counsel
Schedule:
UNT will forward a request to make the proposed change to the City of Denton within the next
30 days.
Recommendation:
No action required -- information only.
Recommended By: Richard S Rafe!';, Senior Vice Presitient for AtiministrMion
Name and Title
'.IlIgItoI~_bv_..poN
Norval POhlo.N'CN._PoN.C'US.O.
~~~~.OU..Officeofthe
DatI: 2005.05.0317:45:13 -05'00'
'. _...... bv Lee Jadcson
Lee Jacksorj.:r~:..':.:~;;,~o,
-,
Date: '~.05.04 08:43:<<J -OS'OO'
President
Chancellor
S:\Our Documents\Ordinances\OS\Union Circle Name Change.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
RENAMING OF WEST PRAIRIE STREET, AVENUE A AND CHESTNUT STREETS
WHICH RUN ADJACENT TO THE UNNERSITY OF NORTH TEXAS PARKING
GARAGE, BAPTIST STUDENT UNION AND UNIVERSITY UNION TO UNION CIRCLE
WITH A STREET ADDRESS DESIGNATION OF "ONE UNION CIRCLE"; AND
PROVIDING FOR.AN EFFECTIVE DATE.
WHEREAS, the Historic Landmark Commission convened on June 13, 2005
recommendc:;d that West Prairie Street, Avenue A and Chestnut Streets which run adjacent to the
University of North Texas Parking Garage, Baptist Student Union and University Union to
Union Circle with a street address designation of "One Union Circle"; and
WHEREAS, said renaming will simplify street names and provide for more consistent
addressing; NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The streets officially designated as West Prairie Street being a public street
connecting Welch Street to Avenue A, Avenue A connecting West Prairie Street to .Chestnut
Street and Chestnut Street connecting Avenue A to Welch Street, as illustrated in the attached
Exhibit "A", which is incorporated and made a part hereof, is renamed to Union Circle. The
address designation will be "One Union Circle".
SECTION 2: The Director of Planning and Development is directed to amend the
official map of the City of Denton to reflect the change in the street name as provided herein.
SECtION 3: This ordinance shall become effective immediately upon its passage and
approva1~
PASSED AND APPROVED this the _ day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
S:\Our Documents\Ordinancea\05\Union Circle Name Clange.doe
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD CITY 1\ Y
BY:
..
,
,.
.
EXHIBIT" A"
CHESTNUT
c(
w
~
c(
w
~
..J
~
I-
Z
W
(J
.
m
QI I
HI LAND
SYCAMORE
PRAIRIE
I
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Airport and Transportation Operations
II
ACM:
Jon Fortune, Public Safety and Transportation
SUBJECT
Consider the adoption of a Resolution of Intent of the City of Denton, Texas, to enter into an
Interlocal Cooperation Agreement for the sale and purchase of assets related to Link Public
Transportation Service from the City of Denton to the Denton County Transportation Authority;
and providing an effective date.
BACKGROUND
City staff and Denton County Transportation Authority (DCT A) staff have worked diligently in
the past six weeks to facilitate the final transfer of the LINK System capital assets from the City
of Denton to DCTA. A sale price of $233,000 was determined to be fair and equitable for the
transfer of LINK' s assets. However, a number of details must be addressed prior to forwarding a
final Interlocal Cooperation Agreement (ICA) to the City Council and to the DCTA Board of
Directors for approval. The unresolved issues are items such as proper transfer of title since the
vehicles were purchased with grant funds, adequate insurance coverage upon transfer of vehicles,
and point of sale for tickets and monthly passes.
The current ICA between the City of Denton and DCT A references a second ICA between the
City of Denton and University of North Texas (UNT) to provide transportation services to UNT
for the 2004-2005 school year. This ICA with UNT expires on August 20, 2005. To continue
providing transportation services to UNT, DCTA will need to have access to LINK's capital
equipment to provide UNT service beginning August 21, 2005. The adoption of the resolution
will allow the two parties to complete negotiations and avoid a potential gap in service delivery
for UNT due to the expiration of the ICA with UNT. Finally, the resolution outlines the intent
and the schedule to complete the transfer by September 30, 2005 thereby allowing both the City
and DCTA to demonstrate the sale of the system during the current fiscal year 2005.
ESTIMA TED SCHEDULE OF PROJECT
The resolution would become effective upon adoption by the Denton City Council and adoption
of the resolution by the Board of Directors for the Denton County Transportation Authority. The
resolution demonstrates the intent that the final sale and transfer of the LINK System would be
complete by September 30,2005.
Agenda Information Sheet
July 26, 2005
Page 2
PRIOR ACTIONIREVIEW
The City Attorney has reviewed and approved the proposed resolution and legal counsel for
DCTA has reviewed and approved the proposed resolution.
FISCAL INFORMATION
The resolution outlines that the two parties have determined a fair price of $233,000 for the
acquisition of the LINK Public Transportation System and associated assets.
EXHIBITS
Resolution
Respectfully submitted:
~~
Mark Nelson, Director
Airport and Transit Operations
S: lOur Documents IReso lutions 10 51! CA DCT A-Link Reso 2. doc
RESOLUTION NO.
A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT FOR THE SALE AND PURCHASE OF
ASSETS RELATED TO LINK PUBLIC TRANSPORTATION SERVICE FROM THE CITY
OF DENTON TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton and the Denton County Transportation Authority are
authorized by law to purchase and sell assets, including rolling stock; and
WHEREAS, the City of Denton desires to sell all assets related to LINK public
transportation service and the Denton County Transportation Authority desires to purchase all
such assets; and
WHEREAS, the agreed-upon price for the asset sale and purchase is $233,000; and
WHEREAS, both parties intend to enter into an interlocal cooperation agreement (lCA)
detailing the terms and conditions of the asset sale and purchase no later than September 30,
2005; and
WHEREAS, prior to execution of the ICA, the Denton County Transportation Authority
is in need of the use of the assets currently owned by the City of Denton in order to continue to
provide UNT campus shuttle services beginning August 21,2005, and the City of Denton agrees
to allow the use of all necessary rolling stock for such service prior to completion of the asset
sale and purchase ICA; and
WHEREAS, prior to execution of the ICA, the City Council of the City of Denton
believes it is in the public interest to agree to continue to provide, pursuant to the existing
Agreement between the parties dated September 7, 2004, fuel, facilities, utilities and all other
equipment and services necessary for the LINK public transportation and UNT campus shuttle
operations to the Denton County Transportation Authority or its service contractor; and
WHEREAS, once the ICA is executed, the City Council understands that the Denton
County Transportation Authority will agree to maintain all applicable and necessary insurance
coverage for the newly acquired assets, including rolling stock; and
WHEREAS, once the ICA is executed, the City Council deems it is in the public interest
for the City of Denton to transfer all applicable titles and ownership records, as well as assign the
federal and/or state grant interest, to the Denton County Transportation Authority; NOW,
THEREFORE,
S: lOur Documents IReso lutions 10 51! CA DCT A-Link Reso 2. doc
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the findings set forth in the preamble of this Resolution are
incorporated by reference into the body of this Resolution as if fully set forth herein.
SECTION 2. That the City of Denton and the Denton County Transportation Authority
are authorized to continue to negotiate and complete the sale and purchase agreement related to
all assets associated with LINK public transportation service.
SECTION 3. That the Denton County Transportation Authority is authorized to use of
all necessary rolling stock related to LINK public transportation service until the Denton County
Transportation Authority and the City of Denton have completed negotiations and agreed to the
terms of the Interlocal Cooperation Agreement transferring all LINK assets.
SECTION 4. That the City Council expresses its intent to approve the Interlocal
Cooperation Agreement and to authorize the Mayor of the City of Denton to execute the
Agreement in the name of the City of Denton after it is approved as to form by the City Attorney
and the parties agree to its terms.
SECTION 5. That this Resolution is contingent on the Chairman of the Denton County
Transportation Authority being authorized to execute the Interlocal Cooperation Agreement in
the name of the Denton County Transportation Authority by appropriate action of the Denton
County Transportation Authority's Executive Board.
SECTION 6. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY A TIORNEY
BY:
Page 2 of3
S: lOur Documents IReso lutions 10 51! CA DCT A-Link Reso 2. doc
BY:
I hereby certify that this resolution was adopted by the Executive Board of the Denton County
Transportation Authority on July 28, 2005.
F. Charles Emery, Chairman
Denton County Transportation Authority
Page 3 of3
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Airport and Transportation Operations
II
ACM:
Jon Fortune, Public Safety and Transportation
SUBJECT
Consider adoption of an ordinance approving an assignment of a gas well surface use agreement
at the Denton Municipal Airport between the City of Denton, Texas and Dan A Hughes
Company, LLC as Assignor and Stroud Energy, Ltd as assignee; and providing an effective date.
Airport Advisory Board unanimously recommends approval 6-0.
BACKGROUND
The Dan A Hughes Company has requested the City of Denton approve the assignment of their
surface use agreement to Stroud Energy, Ltd. of Ft. Worth. Stroud Energy, Ltd. has agreed to
assume the obligations of the existing surface use agreement and the corresponding oil and gas
lease agreement. The company's primary objective is to develop long-lived natural gas reserves
by applying new technology throughout the drilling, completion and production phases of its
wells. Stroud Energy is focusing on diversifying from existing wells in the Austin Chalk area to
developing opportunities in the East Texas Basin and the Fort Worth Basin Barnett Shale. Stroud
Energy will also be acquiring approximately 10 additional producing gas wells and 2000 acres of
gas leases owned and operated by the Dan A. Hughes Company in the Barnet Shale in the North
Texas Region.
ESTIMATED SCHEDULE OF PROJECT
The assignment would become effective July 26, 2005 and continue through the original term of
the Surface use Agreement which was part of the January 17,2002 Oil and Gas Well Lease and
amended by Ordinance 2005-126 on May 3, 2005. This agreement provides the gas well
operator lease will remain in full force and effect as to all of the lands identified and described in
Exhibit A so long as not more than 180 days elapse between the drilling of one well and the
drilling of each subsequent well.
PRIOR ACTIONIREVIEW
The City Attorney has reviewed the assignment and the Airport Advisory Board unanimously
recommends approval of the assignment 6-0. Staff recommends approval of the assignment as
submitted.
FISCAL INFORMATION
There will be no change to the lease rate established III the current verSIOn of the lease
agreement.
EXHIBITS
Ordinance
Assignment
Respectfully submitted:
n#~
Mark Nelson, Director
Airport and Transit Operations
S:\Our Documents\Ordinances\05\Air Surf Use Agr-Stroud Energy.doc
ORDINANCE NO.
AN ORDINANCE APPROVING AN ASSIGNMENT OF A GAS WELL SURFACE USE
AGREEMENT AT THE DENTON MUNICIPAL AIRPORT BETWEEN THE CITY OF
DENTON, TEXAS AND DAN A. HUGHES COMPANY AS ASSIGNOR AND STROUD
ENERGY, LTD. AS ASSIGNEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dan A. Hughes Company wishes to assign its interest in that certain Gas
Well Surface Use Agreement, as amended, (Assignment) to Stroud Energy, Ltd.; and
WHEREAS, the Airport Board has recommended this Assignment be approved by the
City Council; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an
Assignment of Gas Well Surface Use Agreement between the City of Denton and Dan A.
Hughes Company as Assignor and Stroud Energy, Ltd. as Assignee at the Denton Municipal
Airport, in substantially the form of the Assignment of Gas Well Surface Use 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
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
C:\nOCUME-I \hIpmrtTJ.OCAlS-1 \Tc:nv\Scroud AYipmen!: fin.l Ot3ft.dOG
ASSIGNMENT OF GAS WELL
SURFACE USE AGREEMENT AT
DENTON MUNICIPAL AIRPORT
DATE:
July 15. 2005
ASSIGNOR: Dan A. Hughes Company
ASSIGNEE: Stroud Encr8Y~ Ltd.
LEASE:
Date:
Smfacc Owner:
Operator' Assignor:
Premises:
1 anuary 17 ~ 2002
City of Dcnton, Texas
Dan A. Hughes Company
The property located on the Denton Municipal Airport and
identified in the Surface Use Agreement dated January 17,
2002 and the Amended Agreement dated April 29. 2004-
and the Amended Agreement dated August 30, 2004, which
is made a part oftbis Assignment fOr all purposes.
Operator! Assignor assigns to Assignee Assignor~s interest in the Surface Use Agreement.
A. Assignee Agrees To;
1. Assume Operatoc/Assignor's obligations lDlder the Surfi.ce Use Agreement as
amended.
2. Acc:ept the premises in their present "as is" condition including those
commitments identified in the Letter of Understanding dated July 13. 200S
addressing Well Site Airport #2-H Well. Said letter is attad1ed as Exhibit A.
Should the items not be accurately addressed and approved by AiIport
Management within the identified time frame, the assigned Swface Use
Agreement will be terminated.
3. Coniplete all obligations of purchase from Operator/Assignor prior to this
Assignment becoming effective.
Surface Owner consents to this assignment. Surface Owner agrees to notify Operator/Assignor
within 30 days of any Assignee default.
B. Operatorl Assignor agrees that
~. Operator/Assignor and Assignee will comply with their gas well permit, the gas wen
ordinance and aU other applicable laws and Kgulations. including without limitation,
Section 35.22.15 of Subchapter 22 of the Denton Development Code. which governs
the transfer of gas well permits.
2. Operator/Assignor will remain liable on the Surface Use Agreement,. as amended,
should Assignee default on the Agreement.
C:\OOCUMn-l\lliprnuty'lI..ClCAl.S-l \Temp\Strovd Auipnmu Pin.! DrIJllfoc
PREVIOUS ASSIGNMENTS:
June 19, 2002 Assignment of the Enexeco, Inc. Oil, Gas and Mineral Lease and Leasehold dated
January 17, 2002 between Enexeco, Inc. and the City of Denton to Dan A. Hughes Company.
Dan A. Hughes Company, Operator/Assignor
~ HUi;So~ Propri-
~ ~~ tv
Dan . ughes .
Stroud Energy, Ll.d.. Assignee
By: Stroud Energy Management, Ltd., its sole General Partner
By. s~ Pn>perties. L~~Ponnor
By: . ~ '""p:
Gregory Smith
Division I.and Manager
City of Denton, Texas, Surface Owner
By:
Michael A. Conduff, City Manager
Attest :
1ennifer Walters, City ~Jdwy
By;
Approved as to Legal Fonn:
Edwin M. Snyder, Interim City Attorney
BY..q~
Page 2 of3
C:\DOL'UMFr-IIJlIpl'llU&)'\LOCALS-l\TomlP'Slnl1ld Asl.ilJlRlC"ll"mal Draft.c*
STATE OF TEXAS
COUNTYOF~ 8E:.E:.
This instrument was acknowledged before me on the -l,i"1ay of /']u}py- ~
2005, by Dan A. Hugh~ President or Dan A. Hughes Company, a. sole propri~f
ofnanA. Hughes Company.
[
AVAK.HIRT
bryNklll:i1lBal__
""~ElPslbl.6.l!Wl
alA f ~
Notary Public, State of Texas
My Commission Expires J J- /, - () J
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DEffON TA .r.-t ~ T th
This instrument was acknowledged bcf~ me on the J 5' day of Q uln,. .
2005. by Gregory P. Smith. Division Land Manager of Stroud Energy, Lt~
Partnership Company, on behalf of said Company and. Stroud Energy M~ag Ltd. and
Stroud Oil Production. Ltd.
~-""-~~_~~~~",'~~"'''l!:n,,,..:'.1~~''--~~ .. ~
' . LlS.A. K .'.Il0Ri'iiO"N
"j .,
Notary Public
[SEAL] Slats ofTenul } No Public, State of Texas
My CammiS5ion Expires ~,(, My Commission Expires 12~ "" -0 S
D:!oom~;" S"i. 2nQS
I~~_~~.,."~"~,.._...~,, ,.,_......,._.._~_~,r, (or Not'"'" Stamp)
_ .. "., '_'''':!' "'. :'.........--.:..:i--._~_....- __~'.,-._." ~__' .~,. "., .,," ," ~ I/4A&J
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the _ day of ,
2005. by Michael A. Conduff, City Manager on behalf the City of DCmton) Texas, a municipal
corporation.
[SEAL]
Notary Pub~ State of Texas
My Commission Expires
(or Notary Stamp)
Page 3 on
EXHIBIT A
DANA. JltA~WES COMPANY
.
1 ~
PetrOlllUm Exp/ofst/on AM PrOductiOn
July 13, 2005
CilY or Denton
Ot;:Jt{QnMunicjpal Airpart
Mt....Mmt-.NeJSon, . Directot.
5000 Airportftd.
.~ Texas 761JJ7
Rc:CityofDentQU- AJrportI2-HWell
De.1CMr, Nelson;
Asyou'al"e O\Wflre.PaltA. Hugll,es~Ybasreachedia~[() .seU ..its..ptOd~dQijintheDentonCoUrity
llrealo 'SunudEnergy.. Ud,includins its lease covtrlrtltfitCiiYiofDentonA.irpOn, .Witb ~garcflo.besutfa~.
~;~aiJ5~~~?r._i~...
. and, Stroudhereby'.ai@etbatprontptlyafterJbe eo.tion()f~llchsecondmYfrac:but, in any cVentnomoi'e tha,n .
lSOdilysfroJ1H1re' dale afmiS leu.er..1he.. (oUQW1ng 'aCtiomlwill betaken: .
. ..
.111e tbreestrandbm'bed wire fence will6ereplacedwi(ba JK!nri"secwityf~t,
The. leltlpOtatyd~Dagc;~lvert~ toClCce5sthe1Q4tlon' frOrilWes{coUJ'fR.oadwillbt ..
. relJWvedan4 theculven rewrne':lW' iU;ori~alcond.iriOD.
3. thes~tyJelte al(jl1g WcslctiurrRoad wiU~retUmed'to its ongtiud. Joeat;toltand in 'lt~.
orig.iMlcoi:ldition. .
4. Thepernument access point (Q (heIQCat!on wiD beideDtjr~ ;m,d' cCnst~dwHhjQg~$$
BTid egress ftorttSk)'ttule or SpartartRcad. . . . .
HUgheS. and . Stroud request that if the ftttegoing accutatelyexpr~sse$theparties'agr:ecmcntwithr@pec;ttQJCJip
leropOJal'}; entranee.dJatyou $osiJillry. byc~eculing and rewl'riiri!lo Hughes acon.merpartoftbis letter ; ThoanRi
youJrn:your he.pand~istancejl1thl!l..m.atter. ...
Sincerely,
~'.....'..".'...~'
.. ... .. r.hn S...."
Landman
AG.:lEED'and ACCEPTED this
~ day of July. 2005.
CITY of DENTON AIRPORT
AGREBDand ACCEPTED this
.l3"'~day of JuJy,2005 .
STROUD ENERGY, LTD.
CI.J\
A"r.r'" ~f't.:b..."1
1
,
l
'[
1
1
1
j
!
1-
I
J
1
j
I
,
!
1
C(;')'.~~
S:\Our Documents\Contraccs\02\f"ne Enexco Surface Use AgreemenLdoc
SURFACE USE AGREEMENT
CITY OF DENTON AIRPORT
This Agreement is made and entered into effective this 1 ih day of January, 2002, by and
among ENEXCO, INC. whose address is 3500 Oak Lawn Avenue, Suite 390, Dallas,
Texas 75219 (Operator") and the CITY OF DENTON, TEXAS, a home rule municipal
corporation, acting by and through its duly authorized City Manager ("City");
WHEREAS, Operator owns the right to explore the lands described as follows:
TRACT 1: The land described in condemnation proceedings identified by Cause
No. 3922 filed on November 30, 1943 between the City of Denton and R.M.
Evers, et al and subsequently filed in Volume 1675, Page 546 of the Real Property
Records of Denton County, Texas, containing 147.26 acres, 2.26 acres of which is
in a public road, in the William Wilburn Survey, Abstract Number 1419.
TRACT 2: The land described in that Warranty Deed dated December 23, 1943
between P.T. UndelWood and wife Jimmie Underwood and the City of Denton
recorded in Volume 304, Page 503 of the Real Property Records, of Denton
County, Texas, containing 74.94 acres, 1.75 acres of which is in a public road, in
the Thomas Toby Survey, Abstract Number 1285.
TRACT 3 The land described in that Warranty Deed dated January 18, 1944
between Mrs. Ellen Pearl Corbin, a widow, Hugh C. Corbin and wife, Sue Lou
Corbin, John S. Corbin, Alice Corbin Brown and husband W.O. Brown, Grace
Corbin, a feme sole, Georgia Corbin, a feme sole, James E. Corbin and wife,
Johnnie Corbin, Mrs. Gertie Corbin Hurst and husband, G.E. Hurst, and the City
of Denton, recorded in Volume 305, Page 216 of the Real Property Records of
Denton County, Texas, containing 331.94 acres, 2.61 acres of which is in a public
road, in the Wm. Smith Survey, Abstract Number 1188, and the Wm. Neill
Survey, Abstract Number 970.
Denton County, Texas ("the Lands") for oil and gas operations; and
VYHEREAS, Operator and City desire to enter into an agreement regarding Operator's
use of the Lands for its proposed oil and gas operations thereon in cOIUlection with
Operator's wells to be located at a surface location and drilled to a projected vertical
depth pursuant to the Oil, Gas and Mineral Lease of the City of Denton Airport (the
"Well").
NOW, THEREFORE, in consideration of the premises and the covenants set forth below,
Operator and City agree as follows:
1. In connection with the Well, and pursuant to the terms and Provisions herein after
contained, Operator shall have the right:
(a) to construct and use a drilling pad location and related drilling and circulation
pits on the Land on which such Well is to be situated (the "Site") for the
purposes of drilling for, equipping, operating and producing oil, gas and other
minerals from the Well (including, but not limited to, the installation and
maintenance of a tank battery, heater treater, separator, and other equipment
on the drilling pad); and
(b) to install flowlines and pipelines to and from the Site; to install electric poles
on the Site.
2. Drilling Operations. For purposes of this Agreement, the drilling pad shall be
constructed in the approximate dimensions and configuration depicted on a gas well
development plat as approved by the City. No well shall be drilled within 500 feet of
any structure on the land without the written consent of the City Manager or his
designee. During drilling operations, the perimeter of the drill site shall be fenced by
Operator at its sole expense with a fence sufficient to turn livestock; thereafter, in the
event of production, said fence shall be maintained around the perimeter of the well
site and tank. battery area actually utilized by Operator. Operator shall use only the
entrances and roadways for entering upon and leaving the land and will use only the
routes in going upon, over or about the land as are designated by City in writing for
Operator's use in accessing the drill site. Operator shall access the Site directly from
Airport Road, and that Operator shall construct roads to the Site as depicted on the
gas well development plat approved by the City. Operator shall maintain all roads,
existing or new, used by Operator in good repair free of rocks and ruts to the
reasonable satisfaction of City. Annual maintenance must include, as a minimum,
addition of at least two inches of caliche and motor grading. Operator will construct
diversion terraces as may be reasonably necessary to prevent soil erosion. Use of
roads shall be confined to lease operations and to the use of the City and Surface
tenants. Operator shall never obtain or assist anyone to obtain or have designated a
public road across the land. Operator may open new roads only upon written
concurrence of City noted upon a survey plat of the road showing its location and a
legally sufficient centerline description. All new roads shall be straight and parallel
to survey lines to the extent the terrain permits. No interior gate or opening in the
fence shall be constructed so as to access any other part of the Land from the Site or
rectangular area described in this paragraph without City's consent. All travel shall
be confined to roads and no off-road travel is permitted unless written permission is
obtained from the A.irport Manager and the propeny restored to the same condition.
3. Refineries prohibited. Operator is prohibited from constructing an oil or gas
refinery or a plant for cleaning up gas or removing H2S on the leased premised
Page 2
without first obtaining a separate written lease agreement with City. The location of
separators, dehydrators and compressors shall not be considered as plants.
4. Compensation. An annual rental for a 40 x 40 well site (16,000 square feet) at $.05
per square foot for any well sites located on the west side of the lands or at $.08 per
square foot for any well sites located on the east side of the lands shall be paid to the
City as compensation for the use of the surface. This arumal rental shall be adjusted
every two years according to the Consumer Price Index. The arumal rental payment
shall be payable to the City of Denton prior to the start of construction of each well
site and on each year anniversary thereafter until the well is abandoned and plugged.
5. No water wells may be drilled on the property.
6. Notification. Operator shall notify City at least 3 days, exclusive of Saturdays,
Sundays and legal holidays, prior to commencement of all exploration, drilling,
highline or pipeline construction operations on the land, specifying the approximate
date of commencement, and the nature and location of the operations. No facilities
required for any operation permitted under this lease shall be commenced, placed,
erected or constructed until City and Operator have conferred and mutually selected
the site or sites for location of the facilities, taking into consideration the use of the
land for airport operations.
7. Pipelines and Flowlines. Prior to constructing pipelines and flowlines on the Lands,
Operator shall consult with City so that the pipelines and flowlines shall be located,
insofar as reasonably practical, to cause minimum interference with City's surface
operations and use of the land. Pipelines and flowlines shall be limited to natural gas
transported through such pipeline to natural gas produced under the terms of the lease
from the leased premises. Operator agrees that all flowlines and gas sales pipelines
shall be constructed as near as practical to public right of ways and shall be buried
to a depth as the City determines or as may be required under applicable laws.
including FAA rules and re2ulations. A plot plan showing proposed pipelines shall
be filed with the Director of the Airport. "As built" plans shall be filed with the
Director of the Airport on completion. Operator shall place pipelines and flowlines
with the ingress easements to the well sites and shall obtain an easement from the
City. Compensation for the easement shall be $lOlrod (16 feet). Operator shall
remove pipelines or flowlines after the well is abandoned or shall make the pipelines
and flowlines dormant as requested by the City.
8. Abandonment of WeBs. At Operator's cost, Operator agrees to conduct a
gammaray neutron log survey from the surface to the bottom of the surface casing of
any well drilled on leased premises by Operator in order to assist City in determining
whether water sands have been encountered to such depths. Operator shall provide
Page 3
City or City with a copy of such log and, without any warranty whatsoever,
Operator's opinion as to whether such log indicates water bearing sands and if so, the
location or depth thereof. Prior to\ abandoning a well, Operator agrees to give City
prior notice of such intended plugging and City shall have twenty (20) days after
notice within which to elect to take over such well for completion as a water well. If
City elects to take over same, Operator shall plug such well to the depth designated
by City and thereafter City shall own such well together with the obligation to plug
the remaining, unplugged portion of such well when City abandons same. City
agrees to execute the appropriate forms required by the Railroad Commission of
Texas and other regulatory authority in order to transfer operations and ownership of,
as well as liability for, such well to City. In the event City declines to take over such
well, then Operator shall promptly plug same. At each stage of Operator's
operations, Operator will maintain the site of operations in a neat, orderly, safe
condition, free of litter and free of all objects not reasonably necessary to the
operation. Upon abandonment of any site, operation or road, Operator will notify and
confer with City, and except to the extent City waives, in vtriting, Operator's
obligation to do so, the site or road will be cleaned, all mounds will be leveled, and all
pits, pit liners will be removed at the appropriate time and all pits, ruts and other
excavations (after being allowed to dry out) will be filled, leveled and smoothed, all
caliche will be removed from the site or road will be seeded with grass of City's
choice and otherwise returned, as nearly as practical to its natural state,. all within a
reasonable time.
9. Penalties. In the event Operator fails or refuses to pay City for penalties, claims,
surface use or damages, as required under this lease, within 30 days after same are
due, then Operator shall be required to provide City with security in the form of cash
in the sum of $10,000.00 payable to City which sum may thereafter be applied by
City toward Operator's obligations for past unpaid, as well as future compensation for
penalties, claims, surface usage and damages and on each occasion that City applies
all or a part of said security deposit toward unpaid penalties, claims or compensation,
Operator agrees to restore such security deposit to $10,000.00. If Operator fails to
make such $10,000.00 security deposit and/or maintain same, within 20 days after
notice from City to tender same, then this lease shall terminate. City shall have a first
lien against the leasehold interest of Operator therein to secure City under the terms
of this lease and further this lease shall constitute a Security Agreement sufficient to
satisfy the Uniform Commercial Code of Texas to establish a security interest in this
leasehold estate for the benefit of City to secure them in the event of default by City.
Until such time as Operator breaches its obligation to timely perform under this lease,
City agrees that all production and revenue attributable to the working interest
hereunder shall be temporarily exempt from this lien. Upon notice to City of
Operator's breach of this or any other provision of this lease, which breach constitutes
an accrued but unpaid claim owned by Operator to City, then said temporary
exemption shall be lifted and this security interest and lien shall thereafter attach to all
production and revenue attributable to the working interest under this lease.
Page 4
10. Preferential Right to Sell. As part of the consideration for this lease, Operator
covenants and agrees that the owner of the surface estate shall have a first preferential
right to sell City or its contractors or assignees, at the same price and tenns Operator
can obtain elsewhere, any water, sand, gravel or caliche or anyone of them, which
Operator or any of its successors, assigns, agents or independent contractors might
need incidental to any exploration or development operations on leased premises.
11. Place of Payment. All payments, compensation and damages which may be due and
payable to City shall be payable to the City to the City Manager, 215 E. McKinney,
Denton, Texas 76201. Payment shall identify if the payment is for the bonus, the
royalty, delay rental, shut in rental, or annual rental payment for the well site.
12. Environmental. As used in this lease, the term "Hazardous Materials" means any
substance defined or identified as a hazardous, extra hazardous or toxic substance,
waste, or material under any applicable federal, state, or local statute or regulation.
"Remedial Work" is defined as any site investigation or monitoring, any cleanup,
containment, remedial removal, or restoration work performed in response to any
federal, state or local government authority or private attorney general action, or
pursuant to any federal, state or local statute, rule regulation or other laws. Operator
agrees (1) to remove from the leased premises, if, as and when required by law, any
Hazardous Materials placed or released thereon by Operator, (2) to perform remedial
work where the need therefore arises in connection with Operator's operations or
activities on the leased premises, and (3) to comply in all respects with all federal,
state and local governmental laws and regulations governing operations by Operator
and remedial work on or associated with the leased premises. Such remedial work
shall be perfonned by one or more contractors selected by Operator and approved in
advance by City and under the supervision of a consulting engineer selected by
Operator and approved in advance by City. All costs and expenses of remedial work
made necessary by Operator's operations shall be paid by Operator, including,
without limitation, the charges of such contractors and/or the consulting engineer and
City's reasonable attorneys' fees and costs incurred in connection with the monitoring
or review of remedial work. If Operator shall fail to timely commence or cause to be
commenced, or fail to diligently prosecute to completion, such remedial work, City
may, but shall not be required to, cause such remedial work to be performed.
Operator promises to notify City of any claim or other action by any governmental
agency or other third party involving the actual or alleged existence of hazardous
materials on the leased premises or on City's adjoining property and to provide City
with copies of (1) any notice of any release of Hazardous Materials given to Operator
pursuant to any law or regulation and (2) any report of and response to any such
incident. Operator agrees to indemnify, pay and protect, defend and save City
harmless from all claims, liabilities, fees and expenses of any kind that arise from the
actual or alleged presence or release any Hazardous Material in connection with
Operator's operators on the leased premises. This indemnification shall include costs
in connection with any remedial work when performed by City or any third party in
response to any federal. state or local governmental authority, laws or regulations,
due and payable upon demand therefore by City.
Page 5
13. Notices. Operator agrees to designate in writing the name of the person or persons to
be present from time to time on said premises as current operations are being
conducted, with whom City may resolve any claim for use, injury and damage to
airport operators surface area or improvements on said premises occasioned by or
arising from Operator's operations or other activity on the said premises. In regard to
notice of surface use, the City affected 'by such operations shall be entitled to prior
notice of such operations. Either party hereto may from time to time designate in
writing a different address or agent. The following persons are designated as each
party's initial agent:
To City:
City Manager
Attn: Airport
215 E. McKinney
Denton, Texas 76201
To Operator:
C. Noell Rather
Ralph E. Rather
Enexco, Inc.
3500 Oak Lawn, Suite 390, LB #15
Dallas, Texas 75219
14. Second/Tertiary Operations. Operator is denied the right and privilege of injecting
any substances into the subsurface for secondary or tertiary recovery operations
unless allowed under the gas well permit.
15. Memorandum of Agreements. Operator and City agree to execute a Memorandum
of this Agreement in the form attached as Exhibit "A" hereto, which may be recorded
in the records of Denton County, Texas.
16. Assignment. This Agreement shall remain in effect for so long as the oil and gas
leases owned by Operator on the Lands are in force and effect, and be binding upon
and shall inure to the benefit of the parties hereto, their respective heirs, personal
representatives, successors and assigns.
17. Indemnification. Operator shall indemnify and hold harmless and defend City and
City's officers, agents and employees from all suits, actions, claims, damages,
personal injuries, accidental death, property damage, losses, and expense of any
character whatsoever including attorney's fees brought for or on account of any
injuries or damages received or sustained by any person or persons or property, on
account of any negligent act of Operator, Operator's officers, agents and employees
whether such negligent act was the sole proximate cause of the injury or damage or a
proximate cause jointly and concurrently with Operator or Operator's employees,
agents or subcontractors' negligence, in the execution, supervision and operations
Page 6
growing out of or in any way connected with this Agreement and Operator will be
required to pay any judgment, with costs, which may be obtained against City or any
of their officers, agents or employees, including attorney's fees.
18. Insurance. Operator shall file evidence in the form of a certificate of insurance with
the City Secretary for the City of Denton, acceptable to the City Attorney, that it has
obtained liability insurance in accordance with the Oil and Gas Mineral Lease, City's
Gas Well Ordinance and with the City of Denton as an additional insured and
covering its operations on the Lands. Operator shall also file evidence in the form of a
certificate of insurance with the City Secretary for the City of Denton, acceptable to
the City Attorney, that its workers' compensation and general liability coverage
includes in its provisions a waiver of any rights of subrogation as against the City of
Denton, Texas in accordance with the City's Oil and Gas Regulations.
19. Operator shall follow FAA rules and regulations prior to the commencement of
drilling operations under this agreement. Operator shall file a aeronautical study
request form (Form 7460) before commencing drilling operations and shall obtain all
prior consents, approvals or waiver of FAA regulations. Operator shall indemnify
and hold City harmless for any FAA orders requiring Operator to cease operations.
20. This agreement shall be construed under the laws of the State of Texas, without
reference to conflict of law principles which would require the application of the law
of another jurisdiction, and exclusive venue shall be in Denton County, Texas for
any claims lawsuits or actions in connection with this Agreement.
21. In the event of any conflict between the parties hereto such that either party brings or
commences any legal action or proceeding related to this license, including but not
limited to, any action pursuant to the provisions of the Texas Uniform Declaratory
Judgments Act (Tex. Civ. Prac. & Rem. Code S 37.001, et seq., as amended), the
parties hereto agree to waive any and all rights to recovery of attorneys fees to which
the prevailing party might otherwise be entitled.
22. This Agreement shall never be construed to constitute the parties hereto as partners or
joint venturers, or to create a relationship of principal-agent, employer-employee,
trustee beneficiary, an association for business or profit, or any other relationship,
legal or equitable, among the parties hereto. In all respects, each party shall be
responsible for its own conduct in connection with the subject matter of this
Agreement as though it were an independent contractor, free from all control and
direction of the otbers.
23. This Agreement may be executed in multiple counterparts, each of which when taken
together shall constitute but one and the same instrument, but none of which shall be
Page 7
effective until and unless executed by all parties named herein. Additionally, this
Agreement may also be executed in multiple originals, anyone of which, when fully
executed as herein provided, shall be effective for all purposes. 'When fully executed
as herein provided, the terms and conditions of this Agreement shall be binding upon,
and inure to the benefit of, the parties hereto, their heirs, successors and assigns.
24. EXECUTED by each party hereto as of the date indicated beside its signature, to be
effective for all purposes as of the Effective date.
City:
Date:
\ - I! - ~ ..l-
Michael A. Condu , ity Man:ager
CITY OF DENTO , TEXAS
ATTEST:
BY: (Mitt 6'e/U2(dihl, ad
JennifeifWalters, City Secretary ,
Date: \- 1/-01-
APPROVED AS TO LEGAL FORl\1:
BY'~J 0 ,~/~'Ot), J..,
: ,-J.A..:.) Lc.-:rr- <..r- _/L:l--'.~
Herbert L. Prouty, ty Attorney
Operator:
.1'
//
. .'--:~' .'~ -f'
..-: / ,.~., I _~'~
. '''/ ./
By' {L..! /.:G:x.'
" t<t"' Y""
Noell-Rather, President
Page 8
ACKNOWLEDGMENTS
STATE OF TEXA.S 9
COUNTY OF DENTON S
Before me, the undersigned authority, on this day personally appeared Michael A.
Conduff, CITY MANAGER OF THE CITY OF DENTON, TEXAS, known to me to be
the person and official whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of said City, and for title purposes and
consideration therein expressed, and in the capacity therein stated.
ct,~<-,.Li,- A _0"iLf-
Notary Public, State of Texas
STATE OF TEXA.S 9
COUNTY OF DENTON 9
The foregoing instrument was acknowledged before me on \ - l'l-
on behalfof the corporation.
2002 by,
CHRISTINE A. DICK
Notary Public
State of Texas
Comm. Expires 3-2-2005
~~ ' "
~~ I::s.hL t\, bl[,{
Notary Public, State of Texas
Page 9
ACKl'JOWLEDGMENTS
STATE OF TEXAS 9
COUNTY OF DENTON 9
Before me, the undersigned authority, on this day personally appeared C. Noell
Rather, PRESIDENT OF ENEXCO, INC., known to me to be the person and official
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of said Operator, and for title purposes and consideration therein
expressed, and in the capacity therein stated.
u '
CJ~,~'~L-.t\. 'Ill LI-
Notary Public, State of Texas
STATE OF TEXAS 9
COUNTY OF DENTON S
The foregoing instrument was acknowledged before me on \ - 1'1 - 2002 by,
on behalf of the corporation.
CHRISTINE A. DICK
Notary Public
State Of Texes
Comm. expires 3-2-2005
Ll;;,~.j;L-M.b(~
Notary Public, State of Texas
Page 10
EXHIBIT "A"
to Surface Use Agreement dated effective \- \ l ~Dj... ,
between and
the CITY OF DENTON, TEXAS
MEMORANDUM OF SURF ACE USE AGREEMENT
The Memorandum is being executed for the purpose of giving notice of the
existence of that certain Surface Use Agreement dated effective of even date entered into
by and between Enexco, Inc. (as "Operator") and the CITY OF DENTON, TEXAS (as
"City") regarding Operator's use of the lands o\V1led by City located in Denton County,
Texas, to wit:
(the "Land") for Operator's oil and gas operations on such lands.
Dated effective this --D..- day of 0;~~ b'YV I
, 2002.
OPERATOR:
," ~., ,./1
i " L .-
/ /. !/ / d
By: i (\,[~nfl Cd
Noell Rather, President
CITY OF DENTON, TEXAS
ATTEST:
l1
, t;~. I -- it.
~ " " '. '1 J
By: \ _/tlliJ! 'C'I! cllfA- t-t.!
Jennifer Walters, City Secretary .
.~
//1.4 j-
L,.{.~~T'- ~ .
APPROVED AS TO FORM:
, -----......
.----;--.... . \....
Bv:; I ~c;-v "7-0i/l C--. ~j / . .~, ~L-)
~ . , --- I ,-' . ...... . r'- ~ .'~ L-<~"-- v ..........--- -......
Herb Prouty, Clry--'Attorney
Page 11
04/29/2004 09:32 FAX 36136228'
HUGHES
tiiI 002
AMENDMENT 1'0 SURFACE USE ~GR.EE~NT
g1) P.l DENTON AIRPORT
Thilii Anumdnl<<1t to the Surfam: I Jse Agreement City of Denton Airport of Janu9.t)' 17 \
2002 ("Amendment to the A~I '. ....ment") is made and entered into Effective Date .s
provided below by and among llll~ DAN A. HUGHES COMPANY, whose address is a
P.O. Drdwer 669, Beevillct TeJl.1 , 78104-0669 (Openuorn) and the CiTY OF DENTO) l,
TEXASt a hQ11le rule municipal \:orpormon. acting by and through its duly authorizl d
City Manager c'Sur!acc Owner" I.
WHERBAS~ Operator and Surall :: Owner desire to enter into an amendment to flu: abo' e
mentio.ned agreement regarding I 'percltor's use of the Lands for its proposed oil and g IS
operations thereon in connecLioll w-ith Operator's gas well operations on the Airpc rt
Property .
NOW, T,HBREPORB. in consid'.1 ation of the premises and the coveMnts set forth belO1 '.
Operator and Surface Owner u!" ee to amend their agreement to add these addition Ll
provisions as tollows:
i. Compensation. An mutual) :11ta1 for a 200~ X 300' well site of5.05 per square fo )t
for wells located on tho we. t side of the lands 01' $.08 per square foo1 for proper y
locatC1d on the east side of tll" lands shall be paid to the City as compensation for tl .e
use of the surface. AdditiOlr.d compensation will be required for the road aOOOI!lS 0
each well site. This compl I\sation will be detennined once the aooess road ,S
established. The same rate IIl~r square foot used. for- the well site will be Wj,ed n.
calculating the. access road II;;e compensation. The aanual rental sb.a.ll. be adjustl d
every two years according 1 \' the Con5umer Price Inde:JC The annual rental shall 1 .e
pa.yabLe to the City of Delle'-I" upon the start of construction of each well site and ( 11
each year anniversary theref11 h~r until the weU is abandoned.
2. AssIgnment. This amendm( lIt to the agreement shall remain in effect for so long IS
the oil and gas leases ownu. f II Y Operator on the Lands are in force and effect. and J ,e
binding upon and shall inurt: hJ the benent of the parties hereto. their respective heil ~.
personal representatives. f:lli I;'CSSOB and assigns. Surface Owner has the right :0
comient: to ~uch assigmnent, :"I<:h consent will not be unreasonably withheld.
3, This amendment to the agrv' 'ment shall be construed under the laws of the State ~f
Texas, without reference 1.' conflict of law principles which would require ~ le
application of the la.w of anI II her jurisdictio~ and exclusive venue shall be: in Dente -n
County, Texas for an)': (:laims la.wsuits or actioJis in COIlOeetiOD with tI1 ~
Agt'eement.
.... ,........j I ~l I I In"1' I~IT. Lln"'&J...J
04/29/2004 09:33 FAX 36136228~
HUGHES
2J 003
4. In the event of any conflict 1" tween the parties hereto such thilt either puty brings I Ir
commences any legal actio)" ,'Ir proceeding related to this license, incll1ding but n It
limited to, any aotion pursl1illit to the provisions of the Texas Uniform Declarato: y
JudlPll\mts Act (Tex. Civ. 1'1 .le. & Rem. Cooe ~ 37.001, et seq., as aInended), tI e
parties hereto agree to waiv~ day and all rights to recovery of attorneys fees to wbi~ b.
the prevailing party might 01 h;'rwisc be entitled..
5, This amendment to the agrl.." lTIent shall never be construed to COllStitute the partil S
hereto IS partners or joint '. I 'Iltur~ OT to create 11 relationship of principal-ager ~
employer-employee, trustee 1'll1leficiary, an association for business or profit. or lr y
other relationship. legal or "Iluitable. among the parties hereto. In all respects, ear II
party shall be responsible for its own conduct in connection with the subject matter I f
this Agreement as though it 11..::re an ind.opendent ~tra.ctor. free from all control ar i
~tion of the others.
6. This amendment to the 8g1't':'lnent may be executed in multiple counterparts, each ~ f
which when taken together 1'11.;111 constitute but one and the same instnunent, but nor e
of which shall be effeetive IlI1m and unless executed by all parties named bereu..
Additionally. this AgreemCll1 may also be executed it1 multiple originals, anyone c f
whioh, when fully executed ,15 herein provided. shall be effective for all purpose '.
'When fully executed as hCI';lJl provided. the terms and conditions of this Agreeme3 1
shall be bindin,e upon. and I nure to the benefit of. the parties hereto, their heir,
iUceessors aDd assigns.
7. EXECUTED by each pan:, hereto to be effective as 0 f the later date of tb ~
acknowledgment for c:ach p.lIlY (the ''Effective Date').
fYI~
et
Date:
ATTEST:
(
)
Date: J{/ 21/0 if'
f f .
APPROVED AS TO FORM:
,-
C'...J I.II-lTC" J ~ "'~::o '::'::0 '..J.dH
>=,Rr'}-b17>.: 0V6: 'ON Xl::l.:l
l~od~~t uo+uaa: WO~~
04/29/2004 09:33 FAX 36136228
HUGHES
.. ". ".
Operator:
DAN A. HUGHES
G
By:
Dan Allen Hughes.)
Attorney in Fact :fi
Dan A. Hughe,
P.O. Drawer 669,
BeeYille, Texas 78104-0669
Date:
141004
04127/2004 08: 49 FAX .161.162U" ,
-------------...-...
o
o
W. NEIL
A-9YO
_ _ - SURVEY LINE
-,-,- FENCE LINE
ROAD
+-----.----. LEASE LINE
HUGHES
T. TOBY
A.1285
lO-110J'!-ol'
.r-' -..------;-;,j.'
~I,-. "T-
O D' 0 I 160'
I,_.~ _J_
~ 270' J
o
:,
'I
\
;\
:1
:1
I
:1
I
:l
I
I
,
1
I
I
1
\
I
I
1
\
------ - -- - -- .. ......- ... ----
J. HARDIN
A - 1 656
Enlargement of Well-Sol
"'l100'j"
Proposed r-- x .---.-
Entrance, I I ~
'\ x
'rx-x
DDL~.~
... 270' .
Dan A. Hughes Company
Site Plan Plat
City of Denton Airport #2-H
141007
s Area
--L-
1001
---.-
160'
__1-
t} M,L-' J 1:.
AMENDMENT TO SURFACE USE AGREEMENT
CITY OF DENTON AIRPORT
This Amendment to the Surface Use Agreement City of Denton AirpOli of January 1 i\
2002 ("Amendment to the Agreement") is made and entered 1nto effective this 30th day of
August, 2004 by and among the DAN A. HUGHES COMPANY, whose address is a P.O.
Drawer 669, Beeville, Texas 78104-0669 (Operator") and the CITY OF DENTON,
TEXAS, a home rule municipal corporation, acting by and t]uollgh its duly authorized
City M~.nagcr ("Surface Owner");
WHEREAS, Operator and Surface Owner desire to enter into an amendment to the above
mentioned agreement regarding Operator's use of the Lands for its proposed oil and gas
operations thereon in cOlmection with Operator's gas well operations on the Airport
Property.
NOW, THEREFORE, in consideration of the premises and the covenants set forth below,
Operator and Surface Owner agree to amend their agreement to add these additional
provisions as follows:
1. An annual lease at the rate of $0.08000 cents per square foot for a tract of land
totaling 35,629.94 square feet, which is $2850.40 payable annually to be used for a
gas collection pipeline. Attachment A, a survey of the leased premise from Alliance
Area Surveying, identifies the proposed tract of land. A survey showing the corrected
] 5-foot width of property lease will be provided no later than 30 days after the
signing of th1s Surface Use Agreement Amendment. Such payment for land to be
payable upon completion of construction and each year anniversary thereafter until
gas pipeline removal. Operator shall remit the payments required in tbis paragraph
payable to the City of Denton, the Surface Owner.
2. An alUmal payment of $10.00 perrod for a total of 87.81 rods (1404.95 feet), which is
5878.10 for the right of way to lay a gas collection pipeline on Airport property.
Attachment A, a survey of the leased premise from Alliance Area Surveying,
identifies the proposed tract of land. A survey showing the corrected 15-foot width of
property lease will be provided no later than 30 days after the signing of this Surface
Use Agreement Amendment. Such payment for pipelines to be payable upon
completion of constmction and each year anniversary thereafter until removal.
Operator shall remit the payments required in this paragraph payable to the City of
Denton, the Surface Owner.
3. An annual lease at the rate of $0.08000 cents per square foot for a tract of land
totaling 200' x 400' 'well site or 80,000 square feet, which is $6400.00 payable
annually. Attaclunent B, a survey of tbe leased premise from Alliance Area
Surveying, identifies the proposed tract of land. A survey showing the corrected
dimensions of the property lease w11l be provided no later than 30 days after the
signing of this Surface Use Agreement Amendment. Such payment for land to be
p8yable upon signing of this Surface Use Agreement and each year anniversary
thereafter until the well is abandoned and plugged. Operator shall remit the payments
required in this paragraph payable to the City of Denton, the Surface Owner.
4. This amendment to the agreement shall be construed under the laws of the State of
Texas, without reference to conflict of law principles which would require the
application of the law of another jurisdiction, and exclusive venue shall be in Denton
County, Texas for any claims lawsuits or actions in connection with this
Agreement.
5. In the event of any conflict between the parties hereto such that either party brings or
commences any legal action or proceeding related to this license, including but not
limited to, any action pursuant to the provisions of the Texas Uniform Declaratory
Judgments Act (Tex. Civ. Prac. & Rem. Code 9 37.001, et seq., as amended), the
parties hereto agree to waive any and all rights to recovery of attorneys fees to which
the prevailing party might otherwise be entitled.
6. This amendment to the agreement shall never be construed to constitute the parties
hereto as partners or joint venturers, or to create a relationship of principal-agent,
employer-employee, trustee beneficiary, an association for business or profit, or any
other relationship, legal or equitable, among the parties hereto. In all respects, each
party shall be responsible for its own conduct in cOlmection with the subject matter of
this Agreement as though it \vere an independent contractor, free from all control and
direction of the others.
7. This amendment to the agreement may be executed in multiple counterparts, each of
which when taken together shall constitute but one and the same instrument, but none
of which shall be effective until and unless executed by all parties named herein.
Additionally, this Agreement may also be executed in multiple originals, anyone of
which, when fully executed as herein provided, shall be effective for all purposes.
'When fully executed as herein provided, the terms and conditions of this Agreement
shall be binding upon, and inure to the benefit of, the parties hereto, their heirs,
successors and assigns.
8. EXECUTED by each party hereto as of the date indicated beside its signature, to be
effective for all purposes as of the Effective date.
ATTEST:
~
J cl1l1ifcr \Valters, City S ccrctary
Date:
APPROVED AS TO F
/,r) I .
.,t// /, /
~-L/ J /
G.--?;;/
--
Herbert L./routy, pt
{ /'
/
J
/
RM:
/
Surface Owner:
~~-
~,
~
ssistant City Manager
NTON, TEXAS
Operator:
BY~t2/~
Dan A. Hughes '
DAN A. HUGHES COMPANY
P.O. Drawer 669,
Beeville, Texas 78104-0669
STATE OF TEXAS S
ffE S
COUNTYOF BENTeN S
Before me, ~~Ri Nt:.. ft. You AXi ' the undersigned notary public, on this day
personally appeared I>l ~ ~f1'ift~;:: , the ~e.)>,
of j)JtN It. ~es ~-AJ_ OM G~ocatton.
.,/
v' known to me;
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or other document issued by the
federal government or any state government that contains the photograph
and signature of the acknowledging person
to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed that instrument for the purposes and
consideration therein expressed.
Given under my hand and seal of office this 30th day of August, 2004.
".- '::~~'~~'---"X':C~~~.-:;:':::.!;:::>...:>~:;i..t.,~_-=-::.::._ .
':'><~ KATHE8If'!E A. '(QUilG .
,.c.>" \~'.:"'<0 NO'I'i' PY PlJBLIC ~,'
.-' ^"(J)"- L..', J !
\",',' .;:.---"'';. F: STAl'E OF' 'P"Y .'8 :;.'
~, .L.~ /"1" ., _u....J+...I.~ ~
._'..~-;_(::-,.;. PIJ tnm'1"is<!'op t"""I'r;S"1 '-'Jf( ....~~r. r \'
I'J _.... ..1'_ .1 Ln;...'.. i ._-.:::.~.
. -' "'>T-<~.~~~'~::" -= T ~~~ c-_.:~:: ~':;-:":'-~:::-., ::;":--- -:- ~. -~ .
MEMORANDUM OF SECOND AMENDMENT TO SURFACE USE AGREEMENT
The Memorandum is being executed for the purpose of giving notice of the
existence of that certain Surface Use Agreement dated effective of even date entered into
by and between, whose address is (as "Operator") and the CITY OF DENTON, TEXAS
(as "Surface Owner") regarding Operator's use of the lands owned by Surface Owner
located in Denton County, Texas, to wit:
(the "Land") for Operator's oil and gas operations on such lands.
Dated effective this, August 30, 2004.
Surface Owner:
\.
~
i
Jon'fortun Assistant City Manager
CITY OF DENTON, TEXAS
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO FORM:
--- (:;\
/ -j- ~~
,I .) .?" ,..
'- / ./ &(l;jL~-}-/c'--u~../i4--L)
Herb Prouty,vCity Attorney
GAS PIT -!INE EASEMENT EXHIBIT
DEN1 '-.~ MUNICIPAL AlRPORT
1.636 ACRES
FIELD NOTES to 011 that certoin troct of lane: situated in the WILLIAM NEIL SURVEY, Abstrae! No. 97D,
in the City of Denton. Denton County, Texas and being a port Df LDt 1, Block 1, Southeast AirpDrt
Addition, on addition in the City of Denton c.ccarding tD the plat thereof recorded in Cabinet G, Page
295 of the Plot Records of Denton County, Texas, and a part of 0 tract of land nDW Dwned by the
City of DentDn Municipal Nrport; the subject tract being more particularly described os follows:
BEGINNING at the intersection of the South I:ne of said Lot 1 and a 25' building line as shawn on
said Pial, from which th~ Southeast corner ')f said Lot 1 bears North 86 degrees 43 minutes 03
seconds East at a distance of 25.01 feet;
THENCE Sauth 88 degrees 43 minutes 03 sGconds West with the South line thereof 0 distance of
30.01 feet;
THENCE North 00 degrees 06 minutes 03 seconds West parallel with and 30,00 feet Wesl of soid
building line 0 distance of 1405,57 feel at tne beginning of 0 tangent curve to the left having 0
radius of 215.00 feet, 0 chord bearing and distance of North 02 degrees 23 minutes 20 seconds
West, 17.16 feet and a delta on~le of 04 d"grees 34 m;nutcs 23 seconds;
THENCE along said curve parallel with and 30.00 feet West of said building line an arc distance of
17.16 feet;
THENCE North 89 degrees 39 minutes 14 s~conds West pDrollel with and 30.00 feet South of a 60'
access and utility easement as shown on sc:d Plat 0 distance of 436.14 feet tD the East line of a
60' access, drainage ar,d utility easement o~. shown on said Plot;
THENCE North 00 degrees 20 minutes 46 se:onds East with tht) East line thereof a distance of
516.42 feet to the Northwest comer of the ~erein described easement;
THENCE South 89 degrees 39 minutes 14 s('conds East a distance of 30.00 feet to the Northerly
most Northeast corner of the herein describ~d easement;
THENCE South 00 degrees 20 minutes 46 sl-conds West a distance of 486.42 feet to the South line
of said 80' Access and Utility Easement;
THENCE South 89 degrees 39 minutes 14 s~,conds East with the South line thereof a distance of
434-.06 feet to the intersection of soid Soutt; line with said building line at the beginning of a
non-tangent curve tD the right having a rod'us of 245.00 feet, a chord bearing and distance of South
05 degrees 37 minutes 30 seconds East. 47.16 feet and 0 delta angle of 11 degrees 02 minutes 44
seconds;
THENCE along said curve and said building I:ne an arc distance of 47.23 feet;
THENCE South 00 degrees 06 miriutes 03 seconds East with said building line 0 distance of 1404.95
teet to the PLACE OF BEGINNING and enclosi:',g 1.636 acres of larid, more or less.
CERTIFiCATION; I hereby certify that! have conducted on accurate on the 9round survey of the premises
depic'.ed hereon and described in the legal de':cription attached hereto and that the findings and results of
said surVey arc true and correct to the best ~f my knowledge and belief and that the size, type and
locotion of the permanent improvements are cs shown. and that said survey correctly shows the location of
011 alleys. streets, rights-at-way, and easemer.s of record of which the undersigned has been advised
effecting the subject premises according tD th" descriptions of record, and that except os shown there ore
no visible encro?~hr:nent.~, :ci~Lble overlaps, visit..e conflicts or visible protrusions.
--., n - _c~...:~ f . ", ". '-- ~ .... t
J.E. TrlOMPSON II R.E'.C:S, No 4857
Date
THIS SURVEY NOT VmD ~
~
......
o
c:
...,
!t::;~:2;:)
) '.'.'., I"
) * 0"- * \
(( J. E. ThCi:,!PSOK]f
~ "
>:-7:\~, '>0:; i ~ ,', ~S-/
\. "':".::, c s s;. . (.... j(-
......~ ~_. .0,..... ~~
--~-~;f-P?'
U)
C=::I
F
~;' ALLIANCE
',: AREA
"URVEYING
JOB NUMBER:lo20B01-3
114-B MAIN STREET DATE: 18-4-4
GAlNESVILLE'. TX 76240 DRAWN BY: !Her
940-665-9105 OFFICE CHECKED By.iJET
940-665-9106 FAX ';
',,,. .,u,. ..:"'.'.' .'. ':'.'" R.P.L.S. ,JET
P.O, BOX 507
KRUM, TX 76249
940-4B2-6723 OFFICE
940-482-3650 FAX
t=:l
8
o
U)
Ul
t:<.J
t:.:
[ttf:zA(h,~ 14
GAS PIPELP-~ EASEMENT EXHIBIT
D,ENTON . .JNICIPAL AIRPORT
1. .636 ACRES
S 89.39'14-"[ 30.00'
, 10\1 t,'i
SU I' 'IG
,,'~\\. "'0 9
\\ " c'\ \, .
S\\ZP-..
,,\1-
~
C'l '<t
'<t to
UJ !Xl
"<l'
I.{) DENTON
3:
w . MUNICIPAL
' . c.o
I to "<l' AIRPORT
,-.:- 0
io C'l
.N 0
,0
0 0
z - Vl~ ---
sc.' ,t.,.-:'[,~',':. Go- ;jru....I~.. t::"S-(M~~.>
S 8S' 39' 14"[ 434.06'
z
." I
'" I
.:Ji
>- '
~ I
, S : R=215.00'
"0 ICH=N02.23'20"W 17.16'
i : DELTA=04.34'23"
~ ~
<> '
- I
"'.
r;j
I E j
"' I
g~
'N~::9'14"W 438.14'
L=17.16'
LOT ~ J BLOCf< 1
SOUTHEP:ST !AIRPORT ADDITION
CABINET G, PAG::: 295
,
I
I
1 "=200'
THIS SURVEY
NOT VALID~
>-J
::c
o
G
....,
tr:l
8
o
Ul
Ul
t:-":I
t:::I
j~~52!~s.\
; ,> ;.,c{ * l.
',< ,r. L~. TH 0 \,1 PSO!\ ~,
, {.'
!\->> ,i:I:~{ J'~'~~~/'
.L"_~- ' '.'11 ~/.:~
". "<.~~
L=47.23'
R=24S.00'
-- __ ":-CH=SOS.37'30"E 47.16'
;/: DELTA=11'02'44"
,0
'6
: 'CD
'. ,
i~
.~
I:~
'd~
'Z
,;:0
DR\'f,'\
~D\~ S \t'.=jD
y.~\' .' ~o
.\. ..rrv.}.c. \
r-,B:J1
Z ,Ul i
o '0
~ iC:;:!
o ,0
~. :6- i
Uol Uol
~- ~I
-I>-
o
UI
U1
-..J
;:1
'0
..,.
wi
U1
: I
r- - - -- - .. -- -. - - I
'- - - ..- ~ S88<i3'03"W-30.01'
P.O. BOX 507
KRUM, TX 76249
940-482-6723 OFF1CE
940-482-3680 FAX
it~LLIANCE
:,' AREA
"URVEYIN G
JOB NUMBER:io20801-3
114-B },WN STREET DATE: 18-4-4
GAiNESVILLE, TX 76240 DRAWN BY: IHeI
940-665-9105 OFFICE CKECKED BY'! JET
940-665-9106 FAX .:
',r" e.OC. "..",; . .'" RP.L.S. :JET
Ul
t=j
>
t""
I
I s\J?S'S'{
J. :B\i'?-~ l. /l,: \ 9 $J
t \q. \11Lfl,C1 '1;-1.0.
t- ,US'll< .~- - -1-",
~"
t{J;tAdt1~+E -- I
f\\!~1
, Jji S~ \'2.~~
'\ ,\0 '1 ~o'
'S.t\=thC
l""B
-i
~-
I
~ __oj
I
i
~-%- j
dD....Jf.i DUHON
. ~ \ S V (\.. ~)'"I 0 AIRPORT "C
I ...,q. '(; \;\:'t \'l. 0 ' ".---------- WCLUICA)
I..t3S'jl:tP-. \ r -%
~> \ \y,?-\rr~\
1 .-:>IJ\I'I S \.o()O
, \\t....,t'- '" ~o'
t. J. .....,"Yt!\c ~
~ t'"..:B':J\.
40 ACRE~.. DE.f'ITON
LEASE - AIRPORT '0'
/ ~,ELLliU-D
- ~-"lfiO
'-'
'-"
<,'
i..'
..,<..7
B.'-J\:> \.
\11\ S-U \ \'Ot)
~ StJ. '\ ~o'
~US't"Rt..C
%w
~P-J
~
i~
D\1'1 e,'i
l>'O s '7 ':,
)\C-oO~h't ~o. &
J. 'Oc~'RI\C
p..\p)
t
t
1"~1000'
r
t.$~tl
~
I
I cortify thi~ plat 10 bo truo and COTToct 10 the bost
of my knowledge.
I
- %
fl~ t %; smt~~
'DI"-cO , ~o. \
J. :\R!\.C1_.
- ~--- \j~~~-
l?\}t;\
'i S\. 'C.9 {j--
-.~.(B'R~ 'lo.~O 'Z.)
\\'{.l'1! l' >~ .
\.. ~''I'~f\C
~\3';) \.
P.O. BOX 507
KRUM, TX76249 _.'
940-482-6723. OFFICE
940-482--:3680 FAX::;'::
~ALLIANCE
-., AREA
;URVEYING
Date
Operator. Dan A. Hughe3 CompclnY
Lease Name &: Well Number: AIrport "D"
EIlWaUon: 632
JOB NUMBER:020BOl-3
114-B MMN. STREE~ DATE: 08-09-0
GAINESVILLE, TX 76240 DRAWN BY: Her
940-665-9105 OFFICE CHECKED BY. JET
n~cE~~~~.~~::.~:_~6 FAX R.P.L.S. . JET
Nll<lre~t Town in Caunty: 1 Milo We~t of Denion, Texas
~/uj 6:v~ ~
.-.. . .+,,-p. ....--
or-....nT ~n nI ~n1:J
I ...,...,--.ro.. ,.,,.. l trr
~
I.'
CJ
(/)
,J'
w
r.
:J
~
;:)
":;l
w
CJ
~
.,
ci
o
'.n
VI
w
U
U
<
o
cj)
r:
~
h
c'-:'
'<--'
:2
'"1"
?
~ -- -=-L OKU t
:--' I t-
..c
:i-:: _ ~- ,.-
:-.Ii --
~
~
r-
~
,
-
~
Y.,
.~~
~
~
:0
C\
r~
:::::
../
~)
.=>
r;l
-:.r.
~
.",
-,
-
,,'
L::.
o (' t:;1
l
ENTON MUNICIPAL AIRI RT
#G.U. #l-H &
CENTRAL FACILITY SITE LAYOUT
LOT 11 BLOCK 1
SOUTHEAST AIRPORT ADDITION
CABINFT G; PAGE 295
PROPOSED
WELL HEAD
~
I RESERVE
PIT
<~,
I
\
\ I
:\ I
\ Q \
\ % \
\ \
GUY ANCHOR (TYP.)
TANK BATTERY
ew:#~
: II
II
II
I
I
I
I
II
I
II
II
I
1
I
II
II
I
I
I
/Vtf I~-,
I I
I
l~
:c
o
, I
I:
I
Ii
I
II
~
r..1
~I
la !
~ .
11
I
:=J
T-
o
- -. _w - --- 60' ro,\O EASn.lE~~_ . I--+---- I
OHl.J---~-..~OHU- OHU'-L, II I-'J
_ -----=---(j- . _ =-_ :.::-.- -- EY1"s..TJtID..G~AV(- R:J'/;;l.Ll J
_ ___ '---2 --rr.l. _ .-----L'
~ALUANCE
-':$~::~NG
JOB N1ndBER:020801 d
114-B MAIN STREET DATE: 8-9-04
GAINESVIl.LE~ TX 76240 DRAWN BY: IRe!
~:g=~~~=~~g~_..~~CE CHECKED BY:IJET
"'" ",on. .r.'f.'O l(n'-~~-M R.P .L.S. JET
P.O. BOX' 507
KRUM~ TX "76249 ......
940-482-6723'0FF1CE
940-482-3680 FAX';'"
1"==100'
1--....,..,f""'I~ nTALJn
err :nl -loa L1 ~nCl
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Planning and Development Department
CM/DCM/ACM: Jon Fortune, Assistant City Manager
SUBJECT - ADP05-0003: (Denton Bible Church)
Consider adoption of an ordinance approving an Alternative Development Plan for
approximately 30 acres located in Neighborhood Residential Mixed Use (NRMU) zoning
district. The proposed site is generally located east of Nottingham Drive, between
University Drive and Mingo Road. The purpose of the Alternative Development Plan is
to deviate from the requirements of Subchapter 13 of the Development Code. The
Planning and Zoning Commission recommends approval. (5-0)
BACKGROUND
Applicant: Pacheco Koch Consulting Engineering
Dallas, TX
The purpose of alternative development plans is to provide a mechanism for those
developments that choose to or cannot meet the site design standards, but nevertheless
meet or exceed the objectives of the Denton Plan and Development Code, to proceed
with approval under SubChapter 13.
The applicant is proposing to vary from the site design standards concerning parking and
vehicular circulation.
OPTIONS
1. Approve
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
STAFF RECOMMENDATION
Based on the following findings, staff recommends approval of the Alternative
Development Plan requested to deviate from the parking and vehicular circulation
requirements:
1) The proposed additional Landscape area, tree canopy cover and the shrubbery
screen, ensure a quality development that meets the intent of the regulations of the
Development Code.
2) Existing infrastructure is adequate to accommodate the development.
3) The proposed development is located in Existing Neighborhoods/Infill
Com pati bili ty.
ESTIMA TED PROJECT SCHEDULE
The subject property is zoned Neighborhood Residential Mixed Use (NRMU) zoning
district. Commercial parking lot is not a permitted use within NRMU zoning district. The
parcel on which the Phase 2 parking lot is proposed will need to be replatted along with
the existing church parcel.
PRIOR ACTIONIREVIEW
The following is a chronology of ADP05-0003, commonly known as Denton Bible
Church:
On March 2,2004 an Alternative Development Plan was approved to allow for parking
between the building and University Drive.
On August 6,2002 the subject property was rezoned from Neighborhood Residential
(NR-3) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district.
Ordinance 2002-040, adopted on February 20, 2002 placed the subject property in
Neighborhood Residential (NR-3) zoning district and land use classification.
Prior to the adoption of the Development Code, the property was zoned Single Family 7
(SF-7) and Multi-Family 2 (MF-2).
A Predesign meeting was held September 4,2003.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Site Photos
4. Aerial Map
5. ADP - Site Plan
6. ADP - Landscape Plan
7. July 13,2005 Planning and Zoning Commission Minutes
8. Ordinance
~y
Supriya Chewle
Planner I
Respectfully submitted:
4~
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Alternative Development Plan Request
S 35.13.10.B.1.d (Permeable paving Requirements) states: "Permeable paving IS
required for those parking spaces that exceed the number of parking spaces required"
The applicant has previously built 1055 parking spaces in phase 1. The total number of
allowable parking spaces for this development is approximately 1241 parking spaces. In
phase 2 the applicant is proposing 455 additional parking spaces. Which exceeds the
allowable parking by 269 spaces, which relates to approximately 107,600 sq.ft. of
permeable paving area.
S 35.13.10.B.1.c (Vehicular Circulation Requirements) states: "Parking lots with 100
spaces or more shall be divided into separate areas and divided by landscaped areas or
walkways at least 10 feet in width, or by a building or group of buildings.
The applicant is proposing two areas within the parking lot with 139 parking spaces and
118 parking spaces without separation.
Instead of the permeable paving and the vehicular circulations separation design, the
applicant is proposing to increase landscape area and tree canopy coverage within the
parking lot area. The table below identifies the required and proposed landscape area and
tree canopy:
TABLE "A"
ITEM MIN. REQUIRED PROVIDED DIFFERENCE
PARKING LOT INTERIOR
Landscape Area: 7% 11,671 sq.ft. 36,104 sq.ft. 24,433 sq.ft.
Tree Canopy Cover: 15% 25,010 sq.ft. 67,824 sq.ft. 42,814 sq.ft.
BUFFERING AND SCREENING
Miscellaneous 0 780 1ft shrubbery 780 1ft.
screen
Existing Condition of Property
The property has a church, chapel and educational facility on the property.
Adiacent zoning and land uses.
North:
South:
Commercial Mixed Use General (CM-G)
Neighborhood Residential 2 (NR-2)
3
East:
West:
Neighborhood Residential Mixed Use (NRMU)
Neighborhood Residential 3 (NR-3)
Comprehensive Plan Analysis
The site is located in an "Existing Neighborhoods/Infill Compatibility" future land use
area. New development in this district should respond to existing development with
compatible land uses, patterns and design standards. The plan recommends that existing
neighborhoods within the city be vigorously protected and preserved. Housing that is
compatible with the existing density, neighborhood service, and commercial land uses is
allowed. The Denton Plan defines compatibility as: "The characteristics of different uses
or activities or design which allow them to be located near or adjacent to each other in
harmony ... Compatibility does not mean "the same as." Rather, compatibility refers to
the sensitivity of development proposals in maintaining the character of existing
development" (p. 188).
"Off-street parking requirements should reflect respect for environmental
quality considerations. Parking location and associated landscaping
should be carefully regulated to avoid unacceptable expanses of
pavement. Large parking lots should be broken into smaller sub-lots.
Parking standards should be carefully set to avoid unnecessary pavement.
Shared use parkingfacilities should be encouraged" (p. 66)
Development Code/Zoning Analysis
The proposed plan deviates from the parking and circulation standards established by the
Development Code.
Section 35.13.5 (Alternative Development Plan) states, "An applicant may propose an
Alternative Development Plan which meets or exceeds the design objectives of this
Subchapter but does not meet the standards of this Subchapter. The Alternative
Development Plan provides the option to address the design criteria through a flexible
di screti onary."
Section 35.13.5.A. identifies the criteria for approval of an Alternative Development
Plan.
A. Criteria for Approval. The goals and objectives which must be met, and by
which the proposal will be judged are:
1. Preserve Existing Neighborhoods.
2. Assure quality development that fits in with the character of Denton.
3. Focus new development to activity centers to curb strip development and urban
sprawl.
4. Ensure that infrastructure is capable of accommodating development prior to
the development occurring.
4
ATTACHMENT 2
locationl Zoning Map
land Use Map
5
NORTH
ATTACHMENT 3
Site Photographs
SUBJECT SITE
Existing Parking lot along
University Ave.
Parking lot along Mingo Rd.
6
ATTACHMENT 4
Aerial Photo
7
. ~ II
. :J: e
51
. ~ I
'" II
. ~ II
. ~ II
(I
::J ~ oj) .
L ~I 0
(swu 0 11. 1.::
I!! N ..-
"' ~ N
. 1lj~ oj
<: U
" ~~ .. >-
f-~D:::: i!! ~. 0 - ..J .
n::: z "
ZOJ=:J -Z I- ~"- r- <C
~ W~ 'U
(j) . 5~ '" , "l i!!
WOJI ~ n:::Z :;; @ <C
Q 00 ~11. '" 0- n .
0 U ,l.L..U
'l
..=t
~~.~
)--.
o
z
...,jij!
<l~
lk:l~~
"-'IU
Z-~.
t5li~
b~
i~~
.~~
hh
~~~!
'1h
~h
..1.
i'~d
~=
In
~.~.
~,.~
~.i.
11!~ I(
.il~
!:;;iI. ~
.~~.
"-0'
~I~ -
~ol
.J;
.
~ ~I ~ ,!l i
~I~ !~: I
~~~ ~. i.
~~;~ ~ ~ I; ~
~; ~ ~ :".~
~..!. .! ~~ ~.
z i"" i ~ K ~ .~
,
I \ '
, I
\ \
I ,
\ \ '
\ \
, I
, \
I "
\ \ \ ~
': " \, u~"
-J~ \ ia. ~
\ I ~ o~ ~
\ \ \ ~cn ~
I \....
\ \ 0
\ \a)~
, I\L"-i,
\ \ ~)~
\ , ~
I ,
I ,
I \ '
, ,
, ,
I I
-L...-+__\
I
--.---\=-= \
, ,
, \
,
L
,
,
,
,
,
,
\
i
\
\
\
\
I
\
L
I
\
\
\
\
\
\
\
,
,
,
I
,
L
,
I
I
,
I
I
I
\
,
,
,
,
i ~.
"~
I~.
J~
g~~
.~~
~i~
~~, .
~;d
iln
~"n
~ii i
h~~
"NY1d 3~IS
z
c
....
co a.
I-
zw
Wa.
~c
OCJ
~CI)
!;:c
z
c
....
. '"
9
. '=
I
o
I: ~
<(
::l
j. :(
i
,-
N
.:.:
z
~
W
Q
""
. Vl
o
. ~
~
;S
':lb.
...
,:i\,.
<(
:J
'"
-::ll
'"
'1:
..~..ll
X
Q2
:;c
:2:
w
c..
<(
U
en
C
Z
<(
--I
-
U Ii Ii
~ l'l <0 g g :" :"
ro ro "
~
'1 ro
Ci ;.;\ oJ
"
-
Ii Ii U '" ~ Ii Ii
8 g g ~ w ~ g g
0 l'l ~
> ;ii ~ '" 55 g i s ~ ro 1\1
~ <( '"
~ ~ 0 ~ m ~ !i
U CL :0
8 bl 'i '"
0 1Jj
z z 0 15
~ ::; ~
N ::J ~
- '0 ~
,
~ ~ ! ~ Ii Ii
~ W <0 g g
Q ~
<0 <0 <0 <0 ~ <( M' <0 <0 S' S'
:2' '0 ~ w '" <0
- ~
:0 Z g ~
z ::;
z -
~ ~
I--
6:
0
z
(!) <(
z 0 >-
S2 Ii ~
'" (!) 13 91 z
<'E z z '" ~ 0
@ z U 0 ~ Ii
U) os UJ ii:i <( ~ g
() <i 5'
ti:i '" z '" [3 ~ 8
~ ;! z () <( ?; ~ '"
;i: w on
~ ii:i U) ;( '" 9 0 I N
~ U) c5 ri/5 CO :0 '" 0 0 -
0 ~ w ~ 0 '" UJ i'ii 8 <( 5: Ifj ~
<( z w () w
9 9 :;:: '" ~ Z if> Z 0 z UJ Q 0 0:
<( f--- :?' ffi fB ~ z ~ z '"
if 0 tE ~ t ;s: '" S2 <( w <(
a 0 w 0
Z ;" '" ~ fjj ci tt '"' bl '" Cl Z
'" :0 Z ~
~ '" i2 0 t;; 0 g 3: oi ::J ~ ~ <'E ::; '" 0:
Q Z co ~ 0 ::J
z
0
z ~
0
B in
z
~ 0
0
z
0 ~
0
w it
on (;
<(
it ~
'"
(; ct
~ on
'" <(
if ~
::t z
Cl ~
i=!
z 0
::; ~ Z
Q ~
'" <(
w 0
'" & S5
~
~ <( ~
e3 0 0
0 to> z '"
Z .--' N
CHEWLE.TXT
1 COMMISSIONER STRANGE: The next item on the
2 Agenda 1S gOlng to be an individual consideration, Item
3 No. D, which 1S an Alternative Development Plan for Denton
4 Bible church on 25.13 acres located approximately 1,350
5 feet east of Nottingham Drive between university Drive and
6 Mingo Road.
7 MS. CHEWLE: The property is currently
8 zoned Neighborhood Residential Mixed Use. The purpose of
9 this Alternative Development Plan is to deviate from the
10 requirements of subchapter 13 of the Development Code such
11 as parking Section 35.13.10.B.l.d and vehicular
12 circulation Section 35.13.10.B.l.c. The applicant 1S
13 Pacheco Koch consulting Engineering, Dallas, Texas.
14 The property currently has a church, chapel
15 and an educational facility on the property. The summary
16 of this development plan, the Alternative Development Plan
17 request is according to the Development code, permeable
18 paving is required for those parking spaces that exceed
19 the number of parking spaces required.
20 The applicant has previously built 1,055
21 parking spaces 1n Phase I. The total number of parking
22 allowable parking for this development is approximately
23 1,241 parking spaces. In Phase II, the applicant is
24 proposing 455 additional parking spaces, which they exceed
25 the allowable parking spaces by 269, which relates to
ITEM 4D PLANNING AND ZONING MEETING OF JULY 13, 2005 1
Page 1
CHEWLE.TXT
1 approximately 107,600 square feet of permeable pav1ng
2 area.
3 The other var1ance they're requesting 1S
4 from the vehicular circulation requirements. And
5 according to our code, it reads, parking lots with 100
6 spaces or more shall be divided into separate areas and
7 divided by landscaped area or walkways at least ten feet
8 in width or by a building or group of buildings. well,
9 those are this area and this area here. If they had
10 provided a division like this, and there was not more than
11 100 parking spaces within that area, they wouldn't requ1re
12 this Alternative Development Plan for that reason.
13 Instead of the permeable paving and the
14 vehicular circulation, there is a separation design. The
15 applicant is proposing to increase the landscaped area and
16 the tree canopy coverage within the parking lot. The
17 table provided in your backups and on the presentation
18 shows that the landscape area required within the parking
19 lot is 7 percent. And the applicant is going to provide
20 14 extra percent of landscaped area within the parking --
21 within the interior of the parking.
22 The tree canopy required within the parking
23 area 1S 15 percent and the applicant is providing 25
24 excess percent over the required 15 percent. They're also
25 providing a buffering and screening, 780 linear feet
ITEM 4D PLANNING AND ZONING MEETING OF JULY 13, 2005 2
Page 2
CHEWLE.TXT
1 shrubbery screen as mitigation.
2 The proposed additional landscaped area,
3 tree canopy cover and the shrubbery screen ensure a
4 quality development that meets the intent and regulation
5 of the Development Code. Existing infrastructure is
6 adequate to accommodate the development. The proposed
7 development 1S located in existing neighborhood in-fill
8 compatibility. And based on these findings, staff
9 recommends approval of the alternative development planned
10 request to deviate from the parking and vehicular
11 circulation requirements.
12 If you have any questions, I'll take them
13 now.
14 COMMISSIONER STRANGE: Anyone have any
15 questions of staff? Just clarify for me. You lost me on
16 those percentages. Are they increasing 15 percent by 25
17 percent which is 4 percent or are they increasing 15
18 percent to 40 percent?
19 MS. CHEWLE: 15 percent to 40 percent,
20 that's right.
21 COMMISSIONER STRANGE: okay.
22 MS. CARPENTER: Would you like me to read
23 that into the record so it will be clearer?
24 COMMISSIONER STRANGE: Let's just have that
25 1n the record because it was confusing.
ITEM 4D PLANNING AND ZONING MEETING OF JULY 13, 2005 3
Page 3
CHEWLE.TXT
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. CARPENTER: All right. The table A 1n
the staff report on Page 3 of this item offers the
following information. For landscaped area inside a
parking lot interior the minimum required square footage
of that -- such landscaped area for this project would be
11,671 square feet.
The applicant has provided 36,104 square
feet of landscaped area. So that's more than triple the
m1n1mum requirement for an additional square footage of
24,433 square feet of additional landscaped area. The
tree canopy coverage requirement is 15 percent which
equates to 25,000 square feet minimum for this project,
and the applicant has provided 67,824 square feet which 1S
more than double the tree canopy requirement for a tree
canopy area of 42,814 square feet, which is just shy of an
acre.
COMMISSIONER STRANGE: okay. Thank you.
Mrs. Holt.
COMMISSIONER HOLT: Yes. Is there someone
here from the church? I wanted to know where all of this
extra landscaping was going? I mean, it is a parking lot
and where are they going to put all of these trees? I
mean, I'm delighted, but
MR. REAGAN: Hi. My name 1S Charlie
Reagan. I'm with Alliance Architects and reside at 7612
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ITEM 4D
CHEWLE.TXT
PLANNING AND ZONING MEETING OF JULY 13, 2005
copella Court in plano, Texas 75025. I'm representing
Denton Bible as a principle of Alliance Architects. Did
you have a question?
COMMISSIONER STRANGE: Mrs. Holt has a
question.
MR. REAGAN: If you don't mind, I've got a
very, very short powerpoint color thing that's basically
the same thing that supriya is addressing here. It may
help you visualize just a little better what we're doing
here. If I can find the mouse here. I can be trained.
This 1S a representation that we presented
of the previous ADP that we applied for when we applied
for the ADP whereby the city requested we enhance the
street scape along 380 just to give you an idea of some of
the construction that we've done to enhance this, and just
to give you an idea of where we've gone with this.
What we're proposing is the Phase II
parking here as supriya was saying, just as a point of
reference, this is the overall site. The m1n1mum
landscape requirement for trees along the thoroughfare are
along the right-of-way here along Mingo here have already
been planted, one for every 30 feet. Those are not
included in the calculations that you've been glven. All
of the landscape that we've provided is up in this area
Page 5
4
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
CHEWLE.TXT
here, okay.
ITEM 4D PLANNING AND ZONING MEETING OF JULY 13, 2005
What this landscape plan shows 1S the
m1n1mum landscape requirements for the area. This slide
here zooms in on it a little bit more. The two things
that we're applying for is the mitigation of the permeable
paving by enhancing the landscaping. The other one, as
supriya mentioned, that we've got a separation between
these two walks that's greater than what the city normally
allows. The reason for that is it is more in keeping with
the already established circulation patterns within the
parking lot.
So what we've done 1S provide a 16-foot
wide landscape buffer here with a walk and trees along
these areas. That increased the amount of overall pav1ng,
I'm sorry, landscaped area, and then we've got the
enhanced landscape buffers along the side of the drives
here as well as this area here.
And if I may, one more slide, we've also
added a large row of shrubbery along the south side of the
site to enlarge a little bit more here to show you pretty
much exactly where that happens. Does that answer your
question?
COMMISSIONER HOLT: Yes. And why not use
Page 6
5
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
CHEWLE.TXT
the permeable parking, permeable
MR. REAGAN: From a technical standpoint
with the type of soils we have in this area, permeable
ITEM 4D
PLANNING AND ZONING MEETING OF JULY 13, 2005
pav1ng allows water to get under the pav1ng, it causes
ground heave, cracks concrete and it causes drainage
problems. Just technically, it's not real feasible. Does
that mean my time is up?
In talking with city staff throughout the
course of this process, really the intent of the permeable
pav1ng 1S to avoid the big massive parking lot look that
you get a lot of times in say a big Wal-Mart or something
where there aren't a lot of landscape requirements in a
city. The issue here was really more aesthetic than
anything else.
COMMISSIONER HOLT: Along this side there
are apartments that are pretty close on this -- what is
this the west side?
MR. REAGAN: On the east side here.
COMMISSIONER HOLT: East side.
MR. REAGAN: There are apartments along
here.
COMMISSIONER HOLT: Are there gOlng to be
shrubbery along there or just the trees?
MR. REAGAN: Landscape requirements requ1re
Page 7
6
CHEWLE.TXT
22 a six-foot fence along this side where we will have a
23 stained cedar fence of six feet. We've also got a 12-foot
24 landscape buffer plus we've got this row of trees here
25 that's going to create -- you'll see the six-foot fence,
ITEM 4D PLANNING AND ZONING MEETING OF JULY 13, 2005 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
questions?
this item?
and then you'll have the tree canopy which will certainly
block the views of the cars. And as they mature, they'll
end up blocking the views of the building.
COMMISSIONER HOLT: Thank you.
COMMISSIONER STRANGE: Anyone else have any
Thank you very much. Any other discussion of
Do we have a motion?
COMMISSIONER WATKINS: Motion to approve.
COMMISSIONER HOLT: Second.
COMMISSIONER STRANGE: Have a motion by
Mr. watkins, a second by Mrs. Holt. If there is no other
discussion, please vote. Mrs. Holt, your vote didn't
register. Vote passes 5-0.
Page 8
J:\OUT Documents\Ordinances\05\ADP05-0003 .doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVEWPMENT PLAN FOR APPROXJMATELY 30 ACRES OF LAND GENERALLY
LOCATED EAST OF NOTTINGHAM DRIVE, BETWEEN UNIVERSITY DRlVE AND MINGO
ROAD, wrrHIN A NEIGHBORllOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT; PROVIDING FOR A PENALTY IN THE MAXJMUM AMOuNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-
0003)
WHEREAS, Pacheco Koch Consulting Engineering has applied for an alternative
development plan which is on ftle in the City's planning Department, a copy of which is attached
hereto and made a part hereof as Exhihit" A" (the Alternative Development Plan), on approximately
30 acres of land particnlarly described in Exhibit "B" attached hereto and made a part hereof as
Exhibit "B" (the "property") which is located in a Neighborhood Residential Mixed Use (NRMIJ)
zoning district; and
WHEREAS, on Jnly 13,2005, the planning and Zoning eonnnission recommended approval
nflhe Alternative Development Plan; which allows the applicant to deviate from ~ 35.13.1 O.B.I.d
(permeable paving Requirements) and ~ 35.13.10.B. \.c (Vemcular Circulation Requirements) of the
Development Code and
WHEREAS, the City Conncil finds that the Alternative Development Plan is consistent with
the Denton Plan; NOW, THEREFORE
THE COUNCa OF THE CITY OF DENTON HEREBY ORDAlNS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. The Alternative Development Plan is hereby approved
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City SecretarY is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date ofits passage.
PASSED AND APPROVED this the _ day of
-' 2005
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
EULThffiBROCK,MAYOR
PAGE 2
6
"
e-
o
'"
o
'"
<l.
....
<(
-.-: .~
g
'"
.
cD
::; .
;s
~ :\
z
2
z
"
\~!
00
l.i..U
~. ~ tl m
w
~
· '" i1
~>2 .
. =>!;1f ..
t- 0.. Vl
~~ ~
:c ~ ;;
~K ~
~
N
'"
..-
. tl .1
. ~ ej
~ I
· :li II
o i
. ~ ij
. ~ II
Z I
OWU
I~~CL
ZOJ~
L u rn ::r::
o u
'"
""
x:
I
I
,
,
1
~~
~;
".
~"g
3~! /
,.e
~~
~:t ,
, -.,---
<
.....
:c
.-
s:.
)(
W
I
i!
.~
.~~
.
i!i!;l:~
" ~.,
H ~~~
. '.l 'e'
[:J .'~ ~~~
.- -!:; ~~[i~
~ ~iii~~
'i1i \;:~...!!
-1&1 ]!;;i~::,;
..::1. ~..,
a:'~O ~...
w~d ~~~t
z.~~ F~.~
~i!~. ",Su
..
.~~
~..
'~'i
i;~.
..~~
~h~
~~;i
~-~"-
;l~~
...!\lIiiI
~~~
'i~ ~
h.~ ; ~
~~" ;
=~~E ;;
.. ;:~~ ~
l-- < =~" "
Z~.~O <
, -,
~J
~ii
'h
i-.
~i~
.~!
~~. ~
~~~ .
~.~ ~
Ii ~
i.~ ~
hi:! I::
~.
~
EXHIBIT B
LEGAL DESCRIPTION
DESCRIPTION of a 30.200 acre tract of land situated in the William Lloyd Survey, Abstract No.
773, City of Denton, Denton County, Texas; said tract being part of a tract of land described in a
Special Warranty Deed to Denton Bible Church recorded in Volume 5388, Page 2573 of the Real
Property Records of Denton County, Texas and part of a tract of land described in a Warranty
Deed to Denton Bible Church recorded in Volume 4657, Page 1224 of said Deed Records and
part of a tract of land described in a Warranty Deed to Denton Bible Church recorded in Volume
4615, Page 1132 of said Deed Records and being part of Lot 2, Block B Denton Bible Church
Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet V, Slide 880 of the Map Records of Denton County, Texas; said 30.200 acre
tract being more particularly described as follows;
The Bearing system for this description is based on a bearing of South 88 degrees, 53 minutes,
59 seconds East for the south right-at-way line of East University Drive according to the first
referenced Denton Bible Church tract Special Warranty Deed;
BEGINNING, at a 112.inch iron rod found; said point being in the south right-of-way line of East
University Drive (U.S. Highway 380, a variable width right-of-way); said point being the most
northerly northeast corner of said Denton Bible tract (first mentioned) and being the northwest
comer of a tract of land described in Warranty Deed with Vendor's Lien from Mistry Enterprises,
Inc. to SM7, Inc. d.b.a. Highland Food Store recorded in Volume 4311, Page 2828 of said Deed
Records;
THENCE, South 10 degrees, 12 minutes, 38 seconds West, departing the said south line of East
University Drive and along the west line of said SM7 Inc. tract, a distance of 140.11 feet to a 1/2-
inch iron rod found at the southwest comer of said SM7 Inc. tract; said point being the beginning
of a tangent curve to the left;
THENCE, southeasterly, departing said southwest comer of said SM7 Inc. tract, and along said
curve to the left, having a central angle of 22 degrees, 52 minutes, 36 seconds, a radius of
682.59 feet, on a chord bearing and distance of South 01 degrees, 13 minutes, 40 seconds East,
270.74 feet, an arc distance of 272.54 feet to a S/8-inch iron rod found for comer; said point being
in the west line of a tract of land described in Special Warranty Deed from BRE-N, Inc. to Denton
Village East Apartments, L.P. recorded in County Cieri<: File Number 97-068469 of said Deed
Records;
THENCE, South 12 degrees, 39 minutes, 58 seconds East, a distance of 307.34 feet to a 1/2-
inch iron rod found at an angle point;
THENCE, South 12 degrees, 16 minutes, 07 seconds East, a distance of 273.69 feet to a 1/2-
inch iron rod with "Pacheco Koch" cap set for corner on the north right-of-way line of Mingo Road
(a variable width right-of-way, 110-feet wide at this point); from which
a 1I2-inch iron rod with "Pacheco Koch" cap found at the southwest corner of said
Denton Village East Apartments, L.P. tract bears South 12 degrees, 16 minutes, 07 seconds
East, a distance of 50.31 feet;
THENCE, South 69 degrees, 38 minutes, 26 seconds West, along the said north line of Mingo
Road, a distance of 1231.91 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for comer on
the east line of the remainder of a tract of land described in a deed to Denton Bible Church
recorded in Volume 2495, Page 675 of said Deed Records;
THENCE, North 18 degrees, 26 minutes, 31 seconds West, passing at a distance of 121.74 feet
the northeast corner of said remainder tract and the southeast corner of Lot 1, Block B, Denton
Bible Church Addition, an addition to the City of Denton, Denton County, Texas according to the
plat thereof recorded in Cabinet L, Slide 108 of said Map Records, continuing, for a total distance
of 363.77 feet to a 1I2.inch iron rod with "Pacheco Koch" cap found for corner; said point being
the northwest corner of said Denton Bible Church tract (Volume 4615, Page 1132) and being the
southwest comer of a tract of land described as "Third Tract" in a deed to Willie H. Rainey
(Trustee) of the William V. Rainey Testamentary Trust recorded in Volume 4423, Page 1870 of
said Deed Records;
THENCE, North 73 degrees, 54 minutes, 27 seconds East, along the south line of said Willie H.
Rainey tract, a distance of 91.68 feet to an old wood fence post found for corner;
THENCE, North 72 degrees, 37 minutes, 13 seconds East, continuing along the south line of said
Willie H. Rainey tract, a distance of 50.36 feet to a wood fence post found at the southeast corner
of said Willie H. Rainey tract;
THENCE, North 07 degrees, 46 minutes, 58 seconds East, along an east line of said Willie H.
Rainey tract, a distance of 11.37 feet to a 1/2-inch iron rod found for corner; said point being the
most northerly northwest corner of said Denton Bible Church tract (Volume 4657, Page 1224) and
the southwest corner of said Denton Bible tract (first mentioned);
THENCE, North 00 degrees, 35 minutes, 31 seconds East, along an east line of said Willie H.
Rainey tract, a distance of 1054.96 feet to a wood fence post found for corner in the said south
line of East University Drive; said point being the beginning of a non-tangent curve to the right
whose center bears South 04 degrees, 56 minutes, 23 seconds East, a distance of 3749.72 feet
from said point;
THENCE, in an easterly direction along said south line of East University Drive and said non-
tangent curve to the right, through a central angle of 00 degrees, 13 minutes, 54 seconds, a
radius of 3749.72 feet, an arc distance of 15.16 feet, on a chord bearing and distance of North 85
degrees, 10 minutes, 34 seconds East, 15.15 feet to a 112-inch iron rod found at a TXDOT wood
right-of-way marker at the end of said curve;
THENCE, South 88 degrees, 53 minutes, 59 seconds East, continuing along said south line of
East University Drive, a distance of 759.01 feet to a TXDOT Concrete Highway R.O.W.
monument found at the beginning of a non-tangent curve to the right whose center bears South
06 degrees, 09 minutes, 49 seconds West, a distance of 3749.72 feet from said point;
THENCE, in an easterly direction continuing said south line of East University Drive and along the
said non-tangent curve to the right, through a central angle of 03 degrees, 43 minutes, 07
seconds, an arc distance of 243.36 feet, on a chord bearing and distance of South 81 degrees,
58 minutes, 37 seconds East, 243.33 feet to the POINT OF BEGINNING;
CONTAINING, 1,315,501 square feet or 30.200 acres of land, more or less.
AGENDA INFORMATION SHEET
AGENDA DATE:
July 26, 2005
DEPARTMENT:
Electric Utility
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the city manager to execute a Professional Services Agreement with R. J. Covington consulting,
LLC for consulting services relating to Task Order No. 05-F; providing for services related to
final completion of the Transmission Cost of Service Case before the Public Utilities
Commission of Texas; authorizing the expenditure of funds therefor; and providing an effective
date. (The Public Utilities Board recommends approval by a vote of (5-0.)
BACKGROUND
On June 1 ih, 2003 Task Order 03-F with RJ. Covington, LLC (RJC) in the amount of $106,100
for preparation of an updated DME TCOS filing was approved. That Task Order was estimated
to cover the cost of preparing the filing package and negotiating a settlement with the PUC staff.
On October 25, 2004, DME made its 2003 TCOS filing with the PUCT. DME and the PUCT
staff were not able to come to agreement on two issues in the filing, which caused the matter to
go through the formal hearing process. On March 7,2005 Task Order OS-A, in the amount of
$23,100, with RJC was approved for support and testimony during the hearing process. This
Task Order was not sufficient to cover all the hearing expenses. Given the fact that the PUC
staff had agreed to include 100% of all legal and consultant fees associated with preparation and
support of the filing in the final recommended TCOS, RJC and DME agreed to wait until the
entire TCOS process was complete and submit one final Task Order for the exact amount
required to cover all expenses incurred. Task Order 05-F is that Task Order.
DME received a favorable decision in the subject TCOS proceeding, which increased DME's
TCOS from $995,000 to $3,955,195. This amount included recovery, over a one-year period, of
all legal and consultant fees associated with preparation and support of the filing.
OPTIONS
1. Approve this Task Order, which allows payment to RJC of the full amount of funds provided
in the TCOS decision to cover its filed consultant filing support costs.
2. Do not approve this Task Order. Retain the revenues allowed for payment of the filed
consultant support costs and do not pay RJC for work performed.
RECOMMENDA TION
DME recommends approval of Task Order 05-F
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
The Public Utilities Board recommends approval by a vote of 5-0.
FISCAL INFORMATION
Total cost of$18,766
EXHIBITS
1. Ordinance
2. Agreement
3. PUB Minutes
R
tu 11
b Ott d
.
----------:;----
--/%'- ,"----/0[-/-; .,-----
-) ~c-::::il ?;[:7/i--1ill/{'<:""-/fd.(y/ :r-::::...?:-
~~~-:'illj~ d~<V '~ t3 1./ -r.!S;:r{.~
--'::/------1-:::.....---.5'---
Sharon Mays
Director of Electric Utilities
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING
SERVICES RELATING TO TASK ORDER NO. 05-F; PROVIDING FOR SERVICES
RELATED TO FINAL COMPLETION OF THE TRANSMISSION COST OF SERVICE CASE
BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to continue to engage the
firm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide further
professional consulting services to the City relating to Task Order No. 05-F; which includes,
without limitation, services related to the final completion of the transmission cost of service
case, before the Public Utilities Commission of Texas, being docketed as Docket Number 30358,
and entitled Application of Denton Municipal Electric to Change Rates for Wholesale
Transmission Service.
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described specialized professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, Covington has represented DME continuously and ably over the last nine
(9) years, and has proven to be a valuable, reliable, affordable, and competent professional
resource that has expertise in, and is well-acquainted with the electric operations as well as the
financial and regulatory framework of Denton Municipal Electric ("DME"), as well as its
relations with the PUC and ERCOT. Covington and his staff are familiar with the
characteristics, operations, and present rate structure ofDME: and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a Professional
Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional
consulting services relating to Task Order No. 05-F, to the City and to Denton Municipal
1
EXHIBIT 1
Electric, in an amount of not to exceed $18,766; in substantially the form of the Professional
Services Agreement attached hereto and incorporated herewith by reference as Exhibit "A."
SECTION 2: That the award of this Agreement 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
pnce.
SECTION 3: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ED SNYDER, INTERIM CITY ATTORNEY
1/ffJiMfj-D
By:
2
STATE OF TEXAS
~
~
~
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and entered into on the day of ,2005,
by and between the City of Denton, Texas, a Municipal Corporation, with its principal office at 215
East McKinney Street, Denton, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTING,
LLC, a Texas Limited Liability Corporation, with its principal office at 11044 Research Boulevard,
Suite A-325, Austin, Texas 78759, hereafter "COVINGTON"; acting herein by and through their
duly authorized representatives.
WITNESSETH, that in consideration of the covenants, promises and agreements herein
contained, the CITY and COVINGTON do hereby AGREE as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with COVINGTON, as an independent contractor, and
COVINGTON hereby agrees to perform the services herein in connection with the Scope of
Services as stated in the Articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas.
ARTICT ,E TT
SCOPE OF SERVICES
A. COVINGTON shall provide to the CITY professional consulting services pertaining to
assisting Denton Municipal Electric in its [mal completion of Public Utility Commission of Texas,
Docket Number 30358, entitled Application of Denton Municipal Electric to Change Rates for
Wholesale Transmission Service, COVINGTON agrees to perform those services and tasks more
particularly and specifically described in Task Order No. 05-F attached hereto and incorporated
herewith by reference.
B. To consult with the City Manager, Assistant City ManagerJUtilities, the Director of Electric
Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and
all aspects of the services to be performed pursuant to this Agreement.
ARTICLE III
PERIOD OF SERVICE
This Agreement shall become effective on the date this Agreement is approved and upon the
issuance ofa notice to proceed by Denton Municipal Electric ("DME"). The termination date of this
Agreement shall be upon the earliest to occur of the following events: completion of the work
described herein and in the attached Task Order No. 05-F; or upon the depletion and exhaustion of
1
EXHIBIT 2
the $18,766 not to exceed amount provided for herein; or upon fifteen (15) day's written notice to
terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of the essence in this Agreement
COVINGTON shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by the CITY, acting through its
Director of Electric Utilities.
ARTTrTJ;'. TV
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder
by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense,
overnight courier, photocopy expense, transportation, travel, communications, subsistence and
lodging away from home and similar incidental expenses reasonably incurred in connection
with that assignment
B. BILLING AND PAYMENT:
1. For and in consideration of the professional services to be performed by COVINGTON
herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct
non-labor expense, not to exceed $18,766 for those services described in Task Order No. OS-F.
2. The fee for the services described in this Agreement to be performed by COVINGTON
are to be billed the rates as set forth in Exhibit "A" attached hereto and incorporated herewith
by reference. Billing shall be reported in minimum one-quarter (1/4) hour increments.
3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly
statements rendered to the CITY through its Director of Electric Utilities. The fee bills as
submitted, shall be allowed and approved by the Director of Electric Utilities. However,
under no circumstances shall any monthly statement for services exceed the value of the work
performed at the time a statement is rendered.
4. Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory as reasonably determined by the City Manager or the Director of Electric
Utilities, or which is not submitted in compliance with the terms of this Agreement. The City
shall not be required to make any payments to COVINGTON when COVINGTON is in
default under this Agreement.
5. It is specifically understood and agreed that COVINGTON shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as
stated, without first having obtained written authorization from the CITY.
2
C. PAYMENT
If the CITY fails to make payments due COVINGTON for services and expenses within forty
(40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due
COVINGTON will be increased by the rate of one percent (1 %) per month from the said forty
(40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to
the CITY, suspend services under this Agreement until COVINGTON has been paid in full all
amounts due for services, expenses and charges provided. However, nothing herein shall
require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY
reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with
this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such
defect.
ARTICLE V
OBSERVATION AND REVIEW OF THE WORK
COVINGTON will exercise reasonable care and due diligence in discovering and promptly
reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants
performed hereunder.
A RTK] ,E VI
OWNERSHIP OF DOCUMENTS
All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work
Products") are instruments of service and are and shall remain the property of CITY. COVINGTON
shall have the right to make and retain copies and use all Work Products; provided, however, the use
shall be limited to the intended use for which the services and Work Products are provided under this
Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as
property of COVINGTON; provided that prior written approval is obtained from CITY, whose
approval shall not be unreasonably withheld, and providing that copywriting will not restrict
CITY'S right to retain or make copies of the Work Products for its information, reference and use on
the Project or services under the Agreement.
The Work Products shall not be changed or used for purposes other than those set forth in this
Agreement without the prior written approval of COVINGTON. If CITY releases the Work
Products to a third party without COVINGTON'S prior written consent, or changes or uses the
Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and
COVINGTON shall not be liable for any claims or damages resulting from or connected with the
release or any third party's use of the Work Products.
ARTICLE vn
~EPENDENTCONTRACTOR
COVINGTON shall provide services to the CITY as an independent contractor, not as an
employee of the CITY. COVINGTON shall not have or claim any right arising from employee
status.
3
ARTICLE VTTT
INDEMNITY AGREEMENT
COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses and
expenses, including but not limited to court costs and reasonable attorney's fees incurred by the
CITY, and including without limitation, damages for bodily and personal injury, death and property
damage, and damage for professional malpractice resulting from the negligent acts or omissions of
COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability
under this Article VIII is expressly limited to the amount of COVINGTON'S insurance coverage as
set forth in Article IX.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
A RTICT,E IX
INSURANCE
During the performance of the Services under this Agreement, COVINGTON shall maintain
the following insurance with an insurance company licensed to do business in the State of Texas by
the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of
at least an !lA_it or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000
for each occurrence and not less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence, and not less than $100,000 in the
aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident; and with property damage limits of not
less than $100,000 for each accident.
C. Professional Liability Insurance with policy limits of not less than $1,000,000 arumal
aggregate.
D. COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request
to evidence such coverages. The insurance policies shall name the CITY as an additional
insured on all such policies to the extent legally possible, and shall contain a provision that
such insurance shall not be canceled or modified without thirty- (30) days prior written notice
to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of
the change or cancellation, deliver substitute policies furnishing the same coverage to the
CITY.
4
A R TlCLE X
ARBITRA nON AND AL TERNA TE DISPUTE RESOLUTION
The parties agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
ARTTCI,F Xl
LIMITATION OF LIABILITY
To the extent permitted by law, the total liability of COVINGTON to CITY for any and all
claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict
liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall
not exceed one million dollars ($1,000,000).
ARTICLE XU
CONSEQUENTIAL DAMAGES
In no event and under no circumstances shall COVINGTON be liable to CITY for any
interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any
consequential, indirect or special damages.
ARTICLE XTTT
PROFESSIONAL STANDARDS
COVINGTON will perform services under this Agreement with the degree of skill and
diligence normally practiced by professional engineers or consultants performing the same degree of
similar services. No other warranty or guarantee, expressed or implied, is made with respect to the
services furnished under this Agreement and all implied warranties are disclaimed.
ARTlCI,E XIV
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty- (30) days advance written notice of termination to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Agreement. No such termination will be effected
unless the other party is given: (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifYing the nonperformance,
and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for
consultation with the terminating party prior to termination.
C. If this Agreement is terminated prior to completion of the services to be provided hereunder,
COVINGTON shall immediately cease all services and shall render a final bill for services to
5
the CITY within thirty- (30) days after the date of termination. The CITY shall pay
COVINGTON for all services properly rendered and satisfactorily performed and for
reimbursable expenses to termination incurred prior to the date of termination in accordance
with Article IV, Compensation. Should the CITY subsequently contract with a new
consultant for the continuation of services on the Project, COVINGTON shall cooperate in
providing information. COVINGTON shall turn over all documents prepared or furnished by
COVINGTON pursuant to this Agreement to the CITY on or before the date of termination,
but may maintain copies of such documents for its use.
ARTICLE XV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall not constitute nor be deemed a release of the responsibility and
liability of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and
competency of their designs or other work product.
A RTTCLE XVT
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
at the address shown below, certified mail, return receipt requested unless otherwise specified
herein. Mailed notices shall be sent to the parties at the following addresses:
To COVINGTON:
To CITY:
R.I. Covington Consulting, LLC
Attn: Richard 1. Covington
11044 Research Blvd., Suite A-325
Austin, Texas 78759
City of Denton, Texas
Attn: Michael A. Conduff, City Manager
215 East McKinney Street
Denton, Texas 76201
and to
City of Denton, Texas
Attn: Sharon Mays
Director of Electric Utilities
901-A Texas Street
Denton, Texas 76205
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three days after the date of mailing.
ARTTCT,E XVII
ENTIRE AGREEMENT
6
This Agreement consisting of nine (9) pages, and two (2) additional pages consisting of Task
Order No. 05-F, constitutes the complete and final expression of the agreement ofthe parties and is
intended as a complete and exclusive statement of the terms of their agreements and supersedes all
prior contemporaneous offers, promises, representations, negotiations, discussions, communications
and agreements which may have been made in connection with the subject matter hereof.
ARTICLE XVTTT.
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall
reform this Agreement to replace such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the stricken provision.
ARTICLE XIX
COMPLIANCE WITH LAWS
COVINGTON shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
ARTTCT ,E XX
DISCRIMINATION PROHIBITED
In performing the services required hereunder, COVINGTON shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE XXI
PERSONNEL
A. COVINGTON represents that he has secured, or will secure at his own expense any additional
personnel required to perform all the services required under this Agreement. Such persolll1el
shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have
any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict
of interest or potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by COVINGTON or under his supervision.
All personnel engaged in work shall be qualified and shall be authorized and permitted under
state and local laws to perform such services.
ARTI(],E xxn
ASSIGNABILITY
COVINGTON shall not assign any interest in this Agreement and shall not transfer any
7
interest in this Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the CITY.
ARTICLE xxnr
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or received in evidence in any proceeding
arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of
the parties hereunder, and unless such waiver or modification is in writing, duly executed; and, the
parties further agree that the provisions of this section will not be waived unless as herein set forth.
A RTICLE XXIV
MISCELLANEOUS
A. COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of COVINGTON involving transactions relating to this
Agreement. COVINGTON agrees that the CITY shall have access during normal working
hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate
working space in order to conduct audits in compliance with this section. The CITY shall
give COVINGTON reasonable advance notice of any intended audits.
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by, and construed in accordance with the
laws of the State of Texas.
C. COVINGTON shall commence, carry on, and complete the work required by this engagement
with all applicable dispatch, in a sound, economical, efficient manner and in accordance with
the provisions hereof. In accomplishing the work, COVINGTON shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the CITY.
D. The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available
information pertinent to the work required by this engagement, including previous reports, any
other data relative to the project and arranging for the access to, and make all provisions for
COVINGTON to enter in or upon, public and private property as required for COVINGTON
to perform services under this Agreement.
E. The captions of this Agreement are for inforn1ational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
executed in four (4) original counterparts, by its duly authorized City Manager; and R.J. Covington
Consulting, LLC has executed this Agreement by its duly authorized officer on this the ~ day of
,2005.
8
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
By: ; tQQ
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corporation
By:
Michael A. CondutT, City Manager
"COVINGTON"
RJ. COVINGTON CONSULTING, LLC
A Texas Limited Liability Corporation
By:
S:\OUT Documents\Contracts\05\RJ Covington Consulting LLC-PSA- TO 05-F Completion ofTCOS-DME.doc
9
ATTACHMENT
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
R.J. COVINGTON CONSULTING, LLC
TASK ORDER NO. 05-F
Transmission Cost of Service - Final
This Attachment is a Task Order contemplated by and appended to the Professional
Services Agreement entered into by and between the City of Denton, Texas ("City") and
RJ. Covington Consulting, LLC, ("RJC") as approved on this day by the Denton City
CounciL
Discussion
The work provided for in this Task Order is for the completion of the transmission cost of
service rate filing ("TCOS") that was filed on behalf of Denton Municipal Electric before
the Public Utility Commission of Texas ("PUe"). The TCOS filing requested a
transmission rate increase from the City's current TeOS of $995,000 to a requested TCOS
of $3,955,195. The final approved TCOS for this proceeding, which includes
reimbursement of the rate case expenses, is $4,021,887. These costs will be recovered
through the Electric Reliability Council of Texas ("ERCOT") "postage stamp transmission
facilities charges."
This Task Order includes RJe final billing for services performed and work associated
with Docket 30358, Application of Denton Municipal Electric to Change Rates for
Wholesale Transmission Service. The following is a detailed list of services to be provided
under this Task Order:
Scope of Services
Tasks - TCOS Hearin2s
1. RJC will assist attorneys in preparing cross-examination of pue staff and other
parties.
2. The hearings will be attended by RJC to present direct testimony and assist DME's
attorneys on technical issues that arise.
3. RJC will assist attorneys in preparing briefs.
4. Staffs briefs will be reviewed by RJe.
5. Reply Briefs will be prepared by DME's attorneys, and reviewed by RJC and filed.
Task Order No. 05-F
Transmission Cost of Service - Final
6. The Administrative Law Judge's Preliminary Order will be reviewed by RJC in
order to assist DME's attorneys in filing Exceptions.
7. The Final Order and Staffs exceptions will be reviewed and RJC will work with
DME's attorneys in preparation of the Reply to Exceptions.
8. The TCOS numbers in the Final Order will be evaluated for accuracy and for
compliance with the Public Utilities Commission's final decisions.
9. RJC will attend the PUC Open Meeting for the final decision, and be available to
respond to the Commissioners' questions, if needed.
Budget
The not-to-exceed amount of the professional fee, for the above scope of services
for labor and out-of-pocket expenses is not to exceed $18,766. RJC will bill this Task
Order monthly, with supporting documentation of activities performed. The work
performed will be under the supervision of the Director of Electric Utilities, and may be
modified at any time, by a written document, executed by both DME and RIe. This is the
final Task Order for the TCOS rate filing case before the PUe.
EXECUTED in four (4) original counterparts by a duly authorized officer of RJC
and by a duly authorized official of the City of Denton, Texas on this the day of
,2005.
AUTHORIZED BY:
ACCEPTED BY:
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
R. J. COVINGTON CONSULTING, LLC
A Texas Limited Liability Corporation
By:
Michael A. ConduIT
City Manager
By' ~j~
President
Dated:
Dated:
6ftt7/~.J
,
--
ATTEST:
APPROVED AS TO LEGAL FORM:
Dated:
EDWIN M. SNYDER
INTERIM CITY ATTORNEY
By IV~ ~
Dated: 1ft (oS
I .
JENNIFER WALTERS
CITY SECRETARY
By:
S:\Our Documents\Contnlcts\05\RJC TO 05-F Completion ofTCOS Case-DME,doc
20f2
1
2
3
4
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR JULY 11,2005
9:00 A. M.
DRAFT
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, July 11,2005 at
9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
John Baines
George Hopkins
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received background information, staff s recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
Listed below are bids or purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment under Consent Agenda Items 1 through 7.
Detailed information is attached to each Consent Agenda item. This listing is provided on the
Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to
approval of the Consent Agenda. If the item is pulled from consideration for separate discussion,
prior to its consideration, such item will be considered as the first item(s) taken up under the
"Items For Individual Consideration" section of the agenda, set forth below. The remaining
Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the
Public Utilities Board Members who are present.
1) Consider approval of Task Order 05-F with R.I. Covington Consulting, LLC for the
provision of testimony and support during a formal Public Utility Commission of Texas
(PUCT) hearing regarding the Denton Municipal Electric (DME) Transmission Cost of
Service (TCOS) filing in an amount not to exceed $18,766.
2) Consider approval of Bid 3347 for Purchase of Electrical Secondary Connection Pedestals
from Priester Supply, in the annual estimated amount of $30,000.
Page 1 of 2
EXHIBIT 3
1
2 3) Consider approval of Bid 3348, for the Purchase of Polymer Concrete Transformer Pads,
3 from the lowest responsible bidder for each item in the annual estimated amount of $26,000.
4
5 4) Consider approval of Bid 3323 for the purchase of galvanized steel structures to construct an
6 addition to the existing Hickory Substation and awarded to the lowest responsible bidder in
7 the estimated amount of$66,616.
8
9 5) Consider approval of Bid No. 3343 for a 10,000 Gallon ConVault Above Ground Fuel
10 Storage Tank, from Holloway Welding and Piping Company in the amount of$71,152.
11
12 6) Consider approval for the purchase and installation of Caterpillar's Computer Aided
13 Earthmoving System (CAES), to Holt Caterpillar of Fort Worth, Texas, in the amount of
14 $74,620.
15
16 7) Consider recommending approval of the purchase of a certain 1.46 acre tract of realty, from
17 Aaron Baltazar, Ltd. located in the T. Toby Abstract, No. 1288, City of Denton, Denton
18 County, Texas, and being shown as Lot B, Block C, of La Hacienda Heights, Phase I Final
19 Plat.
20
21 Board Member Bill Cheek moved to approve Consent Agenda Items #1-7 with a second
22 from Board Member Phil Gallivan. The motion was approved by a vote of 5-0.
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE:
July 26, 2005
DEPARTMENT:
Utility Administration
Howard Martin, 349-8232"
ACM:
SUBJECT
Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the
City Manager to execute a Water Main Pro-Rata Reimbursement Agreement between the
City of Denton, Texas and Pat Powell for reimbursement of the costs of building a water
main, through pro-rata charges paid to the city; authorizing the transfer of funds pursuant
to the agreement; and providing an effective date. (The Public Utilities Board
recommends approval by a vote of (5-0.)
BACKGROUND
Mr. Powell owns a property on 1170 North Mayhill Road (Exhibit 2) that has been served
in years past by a private water well located on an adjacent property. This property was
disconnected from the private well a few years ago and Mr. Powell was anticipating that
development activity would extend the city's water system closer to his property to make
connect to the system economically feasible.
The Providence Square development is located along both sides of Audra Lane between
Loop 288 and Mayhill Road. The approved preliminary plat for the development called
for waterline extension to be built along the frontages of Loop 288, Audra Lane and
Mayhill Road. The project has received approval for the construction and rerouting of
Audra Lane along with the installation of a 12-inch waterline. The first phase of the
development has also been approved and final platted and includes a single-family
development that only fronts along Audra Lane. The schedule for completing the portion
of the development that fronts along Mayhill Road is unknown at this time.
Mr. Powell requested staff to investigate the costs to extend water to service his property.
The proposed water line extension required includes 460 ft of offsite waterline and 390 ft
of frontage waterline for a total of 850 ft as shown on Exhibit 3. Staff proposed to use
City forces to install the line due to the relatively short distance involved to help the
customer expedite the normal administrative procedures required to extend the City's
water distribution system. Based upon a preliminary cost estimate provided by staff, Mr.
Powell decided to move forward with the project and requested a formal cost proposal
(Exhibit 4). Staff has received payment for the extension and is requesting approval of
the attached Pro Rata Agreement (Exhibit 5). Due to the background circumstances
involved with this project, staff is recommending that both the offsite and onsite portions
of the waterline be subject to pro rata reimbursement instead of only the offsite portion,
which is standard procedure.
OPTIONS
1. Approve the Pro Rata Agreement as recommended by staff
2. Revise the Pro Rata Agreement to only reflect the off site portion of the water line.
1
RECOMMENDA TIONS
Staff recommends approval of the Pro Rata Agreement as submitted that includes the
entire waterline project. Since the waterline along Mayhill Road was a part of the
approved preliminary plat for the Providence Square development and the waterline is
currently being extended by the owner of a single family home rental property, this
approach appears to provide the most equitable cost distribution for both parties.
ESTIMA TED SCHEDULE OF PROJECT
The City expects construction to begin in late July or early August with completion
within 30 days.
PRIOR ACTIONIREVIEW (COUNCIL, BOARDS, COMMISSIONS.)
The Public Utilities Board recommended approval at their July 11, 2005 meeting with a
vote of 5-0.
FISCAL INFORMATION
The City has received payment from Mr. Powell to cover the cost of an 8-inch waterline
($ 38,235) and an impact fee for the single-family home ($ 3,155). The City's oversize
participation cost to increase the line size to a 12-inch is $ 6,440.
EXHIBITS
1. Ordinance
2. Property Location Map
3. Proposed Water Line Extension
4. June 9, 2005 Proposal Letter
5. Pro Rata Agreement
6. PUB Minutes
Respectfully submitted:
~~.
. .. --
, . .
. - - . ~: . -
Jim Coulter
Director of Water Utilities
Prepared by:
Tim Fisher, P.E
Assistant Director of Water Utilities
2
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A WATER MAIN PRO-RATA REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND PAT POWELL FOR
REIMBURSEMENT OF THE COSTS OF BUILDING A WATER MAIN, THROUGH PRO-
RATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS
PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas requires that the development owned by Pat
Powell ("Owner"), commonly referred to as that real property commonly known as 1170 North
Mayhill Road, Denton, Denton County, Texas (as more particularly depicted in Exhibit I,
attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its
extraterritorial jurisdiction; and said Owner is required to provide such real property with
adequate water service by designing, constructing, and installing a water main; and
WHEREAS, the City of Denton, Texas may lawfully reimburse the Owner for the costs
of the eight-inch water main installation by the Owner based upon pro-rata charges paid to the
City of Denton, Texas by persons connecting to the water main pursuant to the Denton
Development Code, Subchapter 35.21.10.1 and .2; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is authorized to execute a Water Main Pro-Rata
Reimbursement Agreement Between the City of Denton, Texas and Pat Powell (the
"Agreement") to provide for the pro-rata reimbursement for the design, construction, and
installation of a total of 850 linear feet of waterline, being an 8-inch diameter water main,
substantially in the form of the attached Agreement, which is incorporated herewith by reference
and made a part of this Ordinance for all purposes; subject however, to Owner, Pat Powell
entering into a Development Contract with the City of Denton, Texas in accordance with the
Denton Development Code, Subchapter 35.16.20.2 and 35.16.20.4.
SECTION 2. That the City Manager is hereby authorized to make such expenditures
and transfers of funds under such conditions as are set forth in the attached Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
1
EXHIBIT 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
~ffD
By:
S :IOur DocumentslOrdinanceslO 51 Water Main- Pro- Rata Reimb-Ordinance- Powell- 200 5 .doc
2
Water Ma n Pro-rata
Exhibit 2
1170 N. Mayhill
Water Main Pro-rata
Exhibit 3
12" Water Lines
. y- , .
I I
WA TER UTILITIES 901-A Texas Street Denton, TX 76209 (940) 349-8452 Fax (940) 349-7334
June 9, 2005
Mr. Pat Powell
1108 Pennsylvania
Denton, TX 76205
Re: Water Line Extension on Mayhill Road
Dear Mr. Powell:
In response to your request, the City of Denton Water Utilities Department offers the following
proposal to provide a water line extension and a water meter to serve your property on Mayhill
Road (1170 N. Mayhill).
Descrivtion
Ouantitv
Amount
8 inch water main on Mayhill
with %" water meter and service
Lump Sum
$ 38,235
Water impact fee
One Single Family Equivalent
$ 3,155
Total Cost
$ 41,390
This proposal would be a turnkey project where the City of Denton Water Distribution Division
would cover the costs of engineering design and all costs associated with the water line
construction, including a service line to the meter to be placed within the Mayhill Road right of
way. You will be responsible for hiring a plumber to connect the plumbing for your structure to
this meter. The city will require that a customer service inspection be made as required by the
TCEQ prior to connect to the city's public water system. A key element of this inspection will
be to verify that there is on interconnection with the well system that you have been connected to
in the past.
As we have discussed, you may also want to request a pro rata agreement with the city to enable
you to possibly recover some of these costs if future water service connections are made for
other properties that have frontage along this water line. Enclosed for your consideration is a
sample copy of this type of agreement. I can help you work out the detail on how to get this
agreement completed and processed through the city.
We anticipate that the construction could begin as early as August 30 of 2005, pending receipt of
funds by July 1,2005. We would be completed with construction and could provide water
service within 30 days of construction mobilization.
EXHIBIT 4
Please make the check payable to the City of Denton Water Utilities Department, and send to
this address to the attention of Tim Fisher, Assistant Director of Water Utilities.
If you have any questions or need further assistance, please call me at 940-349-7190.
Sincerely,
Tim Fisher, P.E.
Assistant Director of Water Utilities
City of Denton
Attachment: Waterline prorate agreement
Cc: Frank Payne
Kelvin Pryor
THE STATE OF TEXAS S
COUNTY OF DENTON S
WATER MAIN PRO-RATA REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF DENTON. TEXAS AND PAT POWELL
WHEREAS, Pat Powell ("Property Owner"), whose service address is 1170 North
Mayhill Road, City of Denton, Denton County, Texas wishes to develop and improve certain real
property commonly known as 1170 North Mayhill Road (as shown in Exhibit I, attached hereto
and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial
jurisdiction, and desires to provide such property with adequate water service by designing,
constructing and installing a water main; and
WHEREAS, the City of Denton, Texas ("City"), a municipal corporation, located at 215
East McKinney Street, Denton, Texas 76201, in accordance with its ordinances may reimburse
Property Owner for the part of the costs of the water main installed by the Property Owner, based
upon pro-rata charges paid to the City by persons connecting to the water main; and
NOW, THEREFORE, in consideration of their mutual promises, Property Owner and City
agree as follows:
1. Property Owner, who is the record owner of the subject real property, desires to connect
the service address known as 1170 North Mayhill Road, City of Denton, Denton County,
Texas with the City's existing water main; to do so would involve the construction of
approximately 850 feet of waterline ("Facilities"), located as shown on Exhibit II,
attached hereto and incorporated herein by reference. This water main shall be subject to
pro-rata reimbursement in accordance with this Agreement.
2. Prior to beginning construction of Facilities, Property Owner shall submit payment to the
City in the amount of $38,235, thereby funding the City's cost to design, install and
construct 850 feet of eight-inch waterline as described in Exhibit I. The Property Owner
shall obtain, at Property Owner's sole cost and expense any necessary easements. The
City shall design and install the waterline, shall obtain all necessary permits and licenses
and shall survey and prepare documentation for any required easements. If Property
Owner is unable to acquire needed easements, Property Owner shall provide the City
with any requested documentation of efforts to obtain such easements, including evidence
of negotiations and reasonable offers made to the affected property owners. Any
easements for the Facilities obtained by the Property Owner shall be assigned to City, if
not taken in City's name, prior to acceptance of the Facilities; and Property Owner
warrants clear title to such easements and will defend the City against any adverse claim
made against such title.
The cost for the design, construction, and installation of the Facilities subject to pro-rata
reimbursement is:
1
EXHIBIT 5
$38,235 = Property Owner cost for 850 linear feet of Facilities
Pro-Rata Unit Cost Amount: $44.98 per linear foot for 850 linear feet of
Facilities
3. The City has established the cost for the project, which has been agreed upon by the
Property Owner, in the amount of $38,235. This amount is based upon the cost of
installing an eight-inch waterline. The City will collect pro-rata for all connections of
properties abutting and adjacent to the waterline portions regarding the water line
improvement described in this Agreement. Pro-rata charges shall be $44.98 per linear
foot. Pro-rata reimbursements to the Property Owner shall be in the amount of $44.98
per linear foot regarding pro-rata charges received by the City, subject to the limitation
contained in Paragraph 5 hereinbelow.
4. After title to the Facilities have vested in the City, the City shall collect a pro-rata charge
from any person connecting to the facilities in accordance with the provisions of the Code
of Ordinances of the City. Within thirty- (30) days ofthe receipt of pro-rata charges, the
City shall transfer the applicable amount collected to Property Owner, in accordance with
the provisions of Paragraphs 3 and 5 of this Agreement.
5. The City shall transfer to Property Owner pro-rata charges collected for a period oftime
for twenty (20) years from the date Facilities are accepted by City, as specified herein,
but shall not transfer or reimburse to Property Owner an amount of funds in excess of
$38,235. The Property Owner and the City also recognize the possibility that no one will
seek to connect to the Facilities described in this Agreement for a period of time for
twenty (20) years; in which case, the Property Owner and the City each recognize the risk
that they will receive absolutely no funds pursuant to this Agreement.
6. The parties hereto recognize that the Facilities subject to this Agreement are necessary to
provide water service to the Property Owner's property. The City may decide that it will
participate in the cost of funding a water main that would provide greater water capacity
than the Facilities Property Owner 8-inch waterline that Property Owner is required to
install. If the City elects to oversize the 8-inch waterline, then any additional cost and
expense related to the oversizing will be borne solely by the City.
7. The pro-rata charges to be collected by the City and transferred to Property Owner in
accordance with the ordinances of the City and this Agreement are intended to reimburse
the Property Owner for the Property Owner's share of the cost of the Facilities by
requiring persons connecting who benefit thereby, to participate in the cost of the
Facilities. This Agreement shall not be considered to impose any obligation or liability
upon the City to pay for the Facilities from its general revenues, bond funds, utility
revenues, or any other revenues that it may receive, except solely from those pro-rata
funds received from any persons connecting to such Facilities in the time period specified
in Paragraph 5 above.
8. Should any court of competent jurisdiction determine that all or a part of the City's
ordinance upon which the pro-rata charges to be paid to Property Owner under this
2
Agreement are based, are found to be unlawful or invalid, the City may then cease to
charge or collect the pro-rata charges for connection to the Facilities, and shall have no
further obligations hereunder.
9. All notices, payments or communications to be given or made pursuant to this Agreement
by the parties hereto, shall be sent to Property Owner at the business address given below
and to the Assistant City Manager of Utilities for the City at the address given below:
Pat Powell, 1108 Pennsylvania Drive., Denton, Texas 76205.
10. The Property Owner shall indemnify and hold the City harmless from any and all claims,
damages, loss or liability of any kind whatsoever, by reason of injury to property or
person occasioned by any act or omission, neglect or wrongdoing of Property Owner, its
officers, agents, employees, invitees, contractors or other persons with regard to the
performance of this Agreement; and Property Owner will, at its own cost and expense,
defend and protect the City against any and all such claims and demands.
11. This instrument embodies the whole agreement of the parties hereto, and there are no
promises, terms, conditions or obligations other than those contained herein. This
Agreement shall supersede all previous communications, representations or agreements,
either verbal or written, between the parties hereto.
12. Property Owner shall not assign this Agreement without the express written consent of
the City.
13. Any and all suits for any breach of this Agreement, or any other suit pertaining to or
arising out of this Agreement, shall be brought and maintained in the court of competent
jurisdiction in Denton County, Texas. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas.
14. This Agreement shall be effective for a period of twenty (20) years from the date
Facilities are accepted by the City, or until Property Owner has been paid all allowable
reimbursable pro-rata charges for the Facilities totaling $38,235, whichever event occurs
first; provided, however, in the event that Property Owner fails to complete substantial
construction of the Facilities within one year from the date of execution of this
Agreement, this Agreement shall terminate.
WITNESS OUR HANDS this the
day of
,2005.
"CITY"
CITY OF DENTON, TEXAS
By:
MICHAEL A. CONDUFF, City Manager
3
1-"
I
i..
ATTESTED BY:
JENNIFER W ALTERS, City Secretary
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, Interim City Attorney
.,. ?\ - r\
tt ," I ' '! ,. ,
!J W.... n / LJJ.!' / J '. }
1/ . . It [~t\'L-V
l~. .-. f\ ~
r I I
\ J
By:
"PROPERTY OWNER"
PAT POWELL
~
S:\Our Documents\Contracts\05\Water Main-Pro Rata-Powell-2005.doc
4
1
2
3
4
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR JULY 11,2005
9:00 A. M.
DRAFT
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, July 11,2005 at
9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
John Baines
George Hopkins
ITEMS FOR INDIVIDUAL CONSIDERATION:
9) Consider approval of a pro rata agreement with Pat Powell for a waterline extension along
Mayhill Road to serve 1170 North Mayhill Road in the amount of $38,235.
Tim Fisher, Assistant Director for the Water Department presented this item. Fisher explained
that Mr. Powell owns property along Mayhill Road that in the past has been serviced by a private
well. Mr. Powell was anticipating development activity that would extend the city's water
system closer to his property and make connection to the City's system economically feasible.
Providence Square development has received preliminary plat approval that calls for a waterline
extension to be built along Loop 288, Audra Lane and Mayhill Road, but a completion schedule
is unknown at this time. Powell requested staff to investigate the cost to extend water service to
his property.
Staff developed a prorata agreement and has received payment from Mr. Powell to cover the cost
of an 8-inch waterline in the amount of $38,235, with impact fees for a single-family home of
$3,155. The City will also participate in an oversize agreement to increase the line size to 12
inches in the amount of $6,440.00.
Board Member Bob Bland moved to approve a prorata agreement between the City of
Denton and Pat Powell for a waterline extension along Mayhill Road to service 1170
Mayhill with a second from Board Member Dick Smith. The motion was approved by a
vote of 5-0.
Page 1 of 1
EXHIBIT 6
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Utilities
ACM:
Howard Martin, 349-8232
..
SUBJECT
Consider an Ordinance approving a Right-Of-Way Use and Encroachment Agreement between
the City of Denton and the University of North Texas to allow boring under existing City public
utility easements and public right-of-way that will accommodate the installation of Electric
Facilities between University of North Texas Properties located on the east and west sides of
Bonnie Brae Street; and providing an effective date.
BACKGROUND
The University of North Texas has requested permission to bore under Bonnie Brae street right-
of-way and a City public utility easement for the installation of underground electric utility lines
and appurtenances between University of North Texas property on the east and west sides of
Bonnie Brae to provide additional electrical services the Eagle Point development from a utility
corridor located just east of Bonnie Brae. The plans and specifications for the proposed electric
facilities will require approval of the Development Review Committee, and City Construction
Inspectors will monitor the Installations.
OPTIONS
1. Approve the Ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDA TION
Staff endorses the approval of the ordinance.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
Not Applicable
EXHIBITS
1. Location Map
2. Ordinance
3. ROW Use Agreement
4. Request letter from UN.T.
Prepared by:
.....
'.If.
. '.'i.
. ~j.--
.J~
Pamela G. England
Real Estate & Capital Support Division
Respectfully submitted:
?--~ ~" '
. . -. -~-
. .
Jimmy D. Coulter
Director, W ater/W aste Water
t'
, I
'.. .
, .41
. , '
, ,
EXHIBIT 1
S:\OUf Documents\Ordinances\05\UNT ROW Use and Encroachment Ordinance.doc
ORDINANCE NO.
AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AND ENCROCHMENT
AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH
TEXAS TO ALLOW BORING UNDER EXISTING CITY PUBLIC UTILITY EASEMENTS
AND PUBLIC RIGHT-OF-WAY THAT WILL ACCOMMODATE THE INSTALLATION OF
ELECTRIC FACILITIES BETWEEN UNT PROPERTIES LOCATED ON THE EAST AND
WEST SIDES OF BONNIE BRAE STREET; AND DECLARING AN EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Denton has received a request from UNT for the installation of
electric facilities under existing City Public Utility Easements and Public Right of Way pursuant
to a Right-of-Way Use and Encroachment Agreement, a copy of which is attached to this
ordinance (the "Agreement"); and
WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed
the requested construction project and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has found and determined that the
Agreement is in the public interest; and 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 Agreement is hereby approved and the City Manager or his designee
is hereby authorized to execute the Agreement on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
.2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page I
EXHIBIT 2
S;\Our Documents\Ordinances\05\UNT ROW Use and Encroachment Ordinance.doc
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER INT CITY ATTORNEY
BY:
Page 2
RIGHT-OF-WAY USE AND ENCROACHMENT AGREEMENT
THIS AGREEMENT is entered into effective as of the date set forth below by and bet\veen
the City of Denton, Texas, a home rule municipal corporation (the "City") and the University of
North Texas, Texas State University ("UNT").
WHEREAS, UNT, has requested permission to bore under Bonnie Brae street right-of-way
and a City public utility easement (the "City Right-of-Way') for the installation of underground
electric utility lines and appurtenances (the "Electric Facilities") between UNT property on the east
and west sides of Bonnie Brae with such boring being at the bore location shown on the drawing
attached hereto and made a part hereofbyreference as Exhibit "A" (the "Encroachment Area"); and
WHEREAS, The City of Denton, Texas ("City") hereby grants permission for UNTto locate,
maintain and repair the Electric Facilities within the Encroachment Area, subject to the following
terms and conditions:
1. The Electric Facilities shall be constructed in such a manner as not to interfere with the City's
use of the City Right-of-Way and shall be limited to and constructed only in accordance with the
plans, and specifications that are approved in advance in writing by the City ("Plans and
Specifications"). When referring to the Electric Facilities within this agreement such term shall mean
the Electric Facilities constructed in accordance with the Plans and Specifications. The construction
method shall be by boring underneath the street surface and electric easement at a minimum depth
approved by the City, which depth will be shown on the Plans and Specifications. The City reserves
the right to limit and/or to require specific construction methods within the Encroachment Area.
These limitations or construction methods shall be included in the construction plans and
specifications for any work performed within the Encroachment Area. In addition, UNT shall
provide adequate inspection and coordination with the City to insure the contractor adheres to these'
items during construction.
2. The Electric Facilities are subordinate to the City's use of the City Right-of-Way, including
without limitation, utilities and street improvements located now or in the future within the
Encroachment Area. In the event the City repairs, expands, or adds to its facilities within the
Encroachment Area, and in the City's sole opinion it is necessary that the Electric Facilities be
modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or
addition, UNT shall, at its sole cost, modify, remove orrelocate the Electric Facilities, as directed by
the City, no later than 120 days after City gives UNT written notice.
3. To the extent permitted by law, UNT shall defend, indemnify and hold harmless the City, its
employees and agents from and against any and all claims, expenses, (including attorney fees),
damages, losses and judgments arising out of orincident to the presence, construction, operation and
maintenance of the Electric Facilities. fu addition, UNT shall require that its contractor provide and
maintain throughout the installation of the Electric Utilities, general liability insurance in an amount
equal to at least $500,000 per occurrence, naming the City of Denton, its officers and employees as
EXHIBIT 3
additional insureds. Prior to commencing any work within the Encroachment Area UNT shall deliver
to the City an insurance certificate evidencing such insurance which certificate will be in a form
approved by the City, and shall provide that the insurance may not be cancelled or modified until the
City has been given at least 30 days advance written notice of cancellation or modification. Such
certificate shall also provide a waiver of subrogation in favor of the City, its officers and employees.
4. UNT and its contractor will prevent construction equipment from damaging existing City
facilities or public utilities located within the Encroachment Area and adjacent areas.
5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on or in the Encroachment Area. \
6. The City will not be responsible for any costs of construction, operation and maintenance of
UNT Electric Facilities. It is further agreed that the City shall not be liable for any damage to the
Electric Facilities as a result of the City's use of the City Right-of-Way. If any City property is
damaged or destroyed by UNT or its agents it may be repaired or replaced by the City at UNT
expense and payment is due upon UNT"s receipt of an invoice from the City.
7. Blasting is not permitted on the Encroachment Area or adjacent areas.
8. Because the Electric Facilities will be installed by boring within the Encroachment Area, the
surface should not be disturbed. However, should the surface be disturbed UNT will cause the
surface to be restored to the condition it was in prior to the installation of the Electric Utilities. Spoil
dirt and all trash shall be removed.
9. The Encroachment Area and City Right-of-Way shall be protected from washing and erosion
by a method approved by the City.
10. Construction equipment and materials shall not be stored on the Encroachment Area.
11. It is understood and agreed that, in case of default by UNT or its contractors or agents in any
of the terms and conditions herein stated and such default continues for a period often (10) days
after the City notifies UNT of such default, the City may at its election forthwith terminate this
Agreement and upon such termination all ofUNT's rights hereunder shall cease and come to an end.
This agreement shall also terminate upon the abandonment ofthe Electric Facilities.
12. This agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas.
Dated to be effective as of the _ day of
. 2005 (the "Effective Date'').
CITY OF DENTON, TEXAS
Page 2
. (
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
I~Y""'RR~ T ~f_::Yr.~, CITY ATTORNEY
BY:-
APPROVED AS FORM:
BY:
BY:
MICHAEL A CONDUFF
CITY MANAGER
215 E. McKinney
Denton, Texas 76201
UNIVERSITY OF NORTH TEXAS
BY:
(i/~~~)J
Title:
ACKNOWLEDGEMENT
Page 3
THE STATE OF TEXAS 9
COUNTY OF DENTON 9
This instrument was acknowledged before me on ,2005 by Michael A. Conduff,
City Manager of the City of Denton, Texas, on behalf of such municipality.
Notary Public in and for the State of Texas
My Commission Expires:
ACKNOWLEDGEMENT
THE STATE OF TEXAS 9
COUNTY OF DENTON 9
This instrument was acknowledged before me on M(}. ~ ;;;. ( ,2005 by ~
the V? -Ca'r 'Fin. J- for the University of North Texas, on behalf of the University of North
Texas. 8~. ~\n
~Alo7iY
Notary Public in and for the State of Texas
My Commission Expires: J~ /30 I () I
(......-rJ~'b. NEHA VOlA
..~::~'~.. ..'~ ~
C'4Ii.. II_M N
f If : . i otary Public. Stllte of Texas
J !..'t..f My Commission Expires
; ~ti~~ December 3D, 2007
Page 4
. .
69.3
5LDG
7.4'
~
1 04~
8'
~~~~
Ci a-.~~
~~~~
:;Ii- ~-'N
(\ :!!--
.. (')I\)IJI
~. -"=1
g~.t:.[f
c...S:(j)~
(\:EO"
::;,= if 0
__ 1:>.-
1t[~~
;::~ -1>-(\
5.." P:tt:
C1I Z-'
@ ;no
-..j s:
~~
WZrv
5tlEEf T1TU::
43.4 66 8
58.0 . OJ
STY /FRAM E/BLDG ~
N
63.4' 26.7'35.8
-l~ ~I
. L.42.4!
I
-<11
~8
18 I
~
'l
I
;
I
I
I
I
\
!
\
I
II
L.J
<->
8
S 00040';51 "E
sour
BONNIE BRAE
A\
@@8 ee
~ ~ ~ g' ~ g'. g'lz
--~-<l~---Q- ~--~a--a 8 t:d
~~ .. .. * ~ .. rn ~
~1:}1\)-5:--U ~
~ ~ ~ [~Ui ~
- 3 3 "lft -
II> _ _ _ _ '"
~ ~ ~ ~~ ~ ~
~gg(\<TO td
n",,:EQ.;:l.
II> 0 0 <.t\ "
.....:;33g'o ~
o '1"1' 'f'P C:;:Ii - ~,...-,
- :l:J--n
g' Il. ~ ;i;
~ [01
3 "OJ ~ >
n C1I I:>.
!:;V 0:
.. ~
... r"
~
)>
r
--i
-0
)>
::::0
^
f'T1
::::0
e
'V
EAGLE POINT CAMPUS
1 SOUTH BONNIE BRAE
BORE LOCATIONS
~ ~~.~~ -;'-
. P.O. BOX 311040. DENTON., TIC 76203-1040-
g....)69..7000 '
or 1 ~'I~i".l..q l1A'fE. 0.-~1-{)t 5'l" U,>II
. J
(
I
!
'.{/
/'i-'
!
i
---- ._,~~~~~ --~1
i
,
. I
)[
808.
D
D
......""'"
""" ~
.. ...
UNIVERSITYof
NORTH TEXAS
Physical Plant and
Facilities Planning
MEMORANDUM
May 18,2005
TO:
Pamela England
City of Denton
Real Estate and Capital Support
FROM:
Glen Haubold
University of North Texas
Associate Director of Facilities Maintenance
~
SUBJECT:
Right of Way Use Agreement #2
UNT provides utilities to the Eagle Point development from a utility corridor just east of
Bonnie Brae.
UNT occupancy of Liberty Christian dictates the ext~nsion of the UNT Utility duct bank from
the present location at the entrance driveway at Walt Parker to the south and west buildings of
the newly acquired complex.
Permission for a branch extension under Bonnie Brae is requested from the City of Denton for
the purpose of providing utilities to the southern sections of what previously was the Liberty
Christian Academy.
The extension will consist of (4) 4" PVC pipes directionally bored under Bonnie Brae.
Thank you for your assistance.
The leading university of the Dallas-Fort WOrth region
2204 W. Prairie + P.O. Box 311040. Demon, Texas 76203-1040 + (940) 565-2751
Fax (940) 565-4650 + TTY (800) RELAYTX + www.plam.um.edu
EXHIBIT 4
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Utilities
ACM:
Howard Martin, 349-8232
..
SUBJECT
Consider the adoption of an Ordinance approving a Real Estate Contract by and between Aaron
Baltazar, Ltd., A Limited Partnership, as seller, and the City of Denton, Texas, as Purchaser, regarding
a 1.46 acre tract of land located in the T. Toby Abstract No. 1288, City of Denton, Denton County,
Texas, and being shown as Lot B, Block C, of the La Hacienda Heights, Phase I Final Plat, authorizing
the expenditure of funds and providing an effective date thereof.
BACKGROUND
Currently, Denton Municipal Electric (DME) and the Texas Municipal Power Agency (TMP A) share
space at the Denton North Interchange Electric Substation property, each owning the property
supporting their respective systems. DME and TMPA propose to purchase a tract of land adjacent to
the existing electric substation's north and west boundaries. The purpose of the acquisition is to allow
expansion of TMP A's area of the interchange. In a cooperative effort with TMP A, DME has agreed
to purchase the land and then transfer the property to TMP A. DME is designing and constructing this
project as a service to TMPA and DME will be reimbursed for all construction costs by TMPA. There
are efficiencies and cost savings by having the City handle the project locally. Since the City of
Denton is a part owner ofTMPA, a direct benefit is derived. In addition, the TMPA expansion project
will free up capacity in the DME system.
In May of 2003, Aaron Baltazar initiated the process with the City to develop a 58.66 acre parcel of
land that borders the north and west sides of the existing Denton North Electric Substation. Mr.
Baltazar is developing primarily single family residential with a small percentage of Neighborhood
Residential Mixed Use (2.43 acres) along his North Locust Street frontage. It was early on in the
development plans for his property that City dialogue was initiated with him to explore the possibility
of acquiring a portion of his property for electric substation expansion. Mr. Baltazar was favorable to
the idea of selling the City some property for expansion and worked cooperatively with City staff to
modify his plans to accommodate our request.
The complexity of the property purchase and the subsequent reimbursement anticipated by TMP A
required a formal appraisal for the subject purchase tract. An appraisal was commissioned and the
point estimate for value was $14,700. The initial offer to Mr. Baltazar was for the appraised amount of
$14,700, with both parties sharing the closing costs. Mr. Baltazar submitted a counter-proposal in the
amount of $32,220. After several exchanges, both parties agreed to propose a Contract with a
negotiated purchase price of $26,110, with the purchaser paying all closing costs.
1
OPTIONS
1. Approve the ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDA TION
Staff recommends approval of the ordinance.
ESTIMATED PROJECT SCHEDULE
Closing date for real estate purchase is scheduled for July 30, 2005.
PRIOR ACTIONIREVIEW
Public Utilities Board approval on July 11,2005
FISCAL INFORMATION
TMP A will reimburse Denton for the cost of purchasing the land, together with closing costs, as a
component of the overall Project and has internally approved the measure by resolution on November
4, 2004.
EXHIBITS
1. Location Map
2. Ordinance
3. Real Estate Contract
4. LaHacienda Heights Final Plat
5. PUB Minutes
R?-espeClfullYZ:;-
. . -. -~-
. .
Jimmy D. Coulter
Director, W ater/W aste Water
P db
.
Jl~e ~ Wl f(
__ ,~5-~'4-g? >i'){~ It ryj ,'i'tlli
~-, ,fi~~^r ~4 if ~. -f iF 1'??7""'" """4- r::
:~&...: ~_.1'J.'"j^-'/ do.,,_ _~_c'.,.Jo "- --'::;~
....~... ~ ~ :;',:~:;;! 'f.:;:;::"-~~::;:_
Paul Williamson
Manager, Real Estate & Capital Support
2
Legend
100 50 0
100 Feet
w+u _
Centerline
s
EXHIBIT 1
S:\Our Documents\Ordinances\05\Aaron Baltazar Ordinance.doc
ORDINANCE NO.
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BY AND BETWEEN
AARON BALTAZAR, LTD., A LIMITED PARTNERSHIP, AS SELLER, AND THE CITY
OF DENTON, TEXAS, AS PURCHASER, REGARDING A 1.46 ACRE TRACT OF LAND
LOCATED IN THE T. TOBY ABSTRACT NO. 1288, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING SHOWN AS LOT B, BLOCK C, OF THE LA HACIENDA
HEIGHTS, PHASE I FINAL PLAT; AUTHORIZING THE EXPENDITURE OF FUNDS;
AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO THE TEXAS MUNICIPAL
POWER AGENCY; AND PROVIDING AN EFFECTIVE DATE THEREOF.
WHEREAS, the City of Denton, Texas is desirous of entering into a Real Estate Contract
with Aaron. Baltazar, Ltd., to acquire approximately 1.46 acres of land ("Property") as more
particularly described in that certain Real Estate Contract attached hereto and made a part hereof
by reference (the "Contract"); and
WHEREAS, the Property is being acquired for Denton Municipal Electric ("DME")
purposes, a municipally owned and operated electric utility that constitutes the unbundled
electric operations of the City of Denton; and
WHEREAS, subsequent to the acquisition ofthe Property the City and DME are desirous
of conveying the Property to the Texas Municipal Power Agency ("TMP A"), an electric power
agency of which the City is a member; and
WHEREAS, the conveyance of the Property will serve a valid public purpose as TMP A
will utilize the Property to provide electric services to the City; and
WHEREAS, the City's Public Utility Board has recommended approval of the Contract
and subsequent conveyance to TMP A; and
WHEREAS, the conveyance of the Property to TMP A is exempt from the bidding and
appraisal requirements of Chapter 272 of the Local Government Code, pursuant to Section
272.001(k) thereof; and
WHEREAS, the City Council fmds that the Contract serves valid municipal and public
purposes and is in the public interest; 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 Contract is hereby approved. The City Manager or his designee is
hereby authorized to enter into the Contract, to make the expenditures provided for therein, and
to carry out the City's rights and duties under the Contract.
Page 1
EXHIBIT 2
S:\Our Documents\Ordinances\05\Aaron Baltazar Ordinance.doc
SECTION 3. The City Manager or his designee is hereby authorized to convey the
Property to TMPA after the City receives title to the Property, upon TMPA's reimbursement to
the City of the purchase price plus closing costs under the Contract.
SECTION 4. This ordinance also constitutes a resolution of the City Council.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDE, ERIM ITY ATTORNEY
BY:
Page 2
,.
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by Aaron' Baltazar, Ltd., (hereinafter referred to as
"Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton
County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth
herein.
I.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay
for all that certain tracts, lots or parcels orland described in "EXHIBIT N' and further illustrated
in "EXHIBIT B", attached herein, with all rights and appurtenances pertaining to the said
property, including any right, title and interest of Seller maud to adjacent streets, alleys or rights-
of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the
"Propertyll), together with any improvements, fixtures, and personal property situated on and
attached to the Property, for the consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth.
n.
PURCHASE PRICE
1. Amount of Purchase Price. The total purchase price for the Property sluill be the smn
of Fourteen Thousand Seven Hundred Dollars and No Cents ($26,110.00) (the
"Purchase Price").
2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in
cash at the closing.
ill.
PURCHASE~S OBLIGATIONS
The obligations of Purchaser hereunder to consunnnate the transactions contemplated
hereby are subject to the satisfaction of each of the following conditions any of which may be
waived in whole or in part by Pw-chaser at or prior to the closing.
EXHIBIT 3
1. Preliminaty Title Report. Within ten (10) business days after the date hereof: Purchaser,
at Purchaser's sole cost and expense, sha1I have caused the Title Company (hereinafter defined) to
issue a owner's policy conunitment (the "Commitment") accompanied by copies of all recorded
documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give
Seier written notice on or before the expiration often (10) business days after Purchaser receives
the Conunitment that the condition of title as set forth in the Commitment is or is not satisfuctory.
In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's
option, promptly undertake to eliminate or modify atl unacceptable matters to the reasonable
satisfaction ofPurcbaser. In the event Seller is unable to do so within ten (10) business days after
receipt of written notice, Purchaser, at its option may elect to.tenninatethis Agreement (in which
event this Agreement shall be nul and void), grant Seller additional time to cure, or proceed to
closing. Purchaser's failure to give Sener this written notice shall be deemed to be Purchaser's
acceptance of theconunitment.
2. Survey. Purchaser, at Purchaser's sole cost and expense, shall obtain a current survey of
the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location of all improvements, highways,
streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there
are no encroachments on the Property and shall set forth the number of total acres comprising the
Property, together with a metes and bounds description thereof. Following delivery of the
Survey, the parties agree to amend this Contract to substitute the metes and botmds description of
the Property set forth on the Survey for the current description set forth herein if the current
description is different from that set forth in the Survey.
Purchaser will have ten (10) business days after receipt of the survey to review and approve
the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10)-
business day period, give Seller written notice of this fact. SeUer shall, at Seller's option,
promptly undertake to eliminate or modifY the unacceptable portions of the survey to the
reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (to)
business days after receipt of written notice, Purchaser, at its option may elect to terminate this
Agreement (in which event this Agreement shall be null and void), grant Seller additional time to
cure, or proceed to closing. Purchaser's failure to give Sener this written notice shall be deemed
to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller'shall have perfonned, observed, and complied with all of the
covenants, agreements, and conditions required by this Agreement to be perfonned, observed,
and complied with by Seller prior to or as of the closing.
2
IV~
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the closing date:
1. Property to be sold in "AS IS" condition; however nothing herein shall be construed to
release~. discharge. or hold harmless, any of Seller~ s predecessors in title.
V.
CWSING
The closing shall be held at the office of Sierra Title Company 3960 FM 2181~ Suite 200,
Denton, Texas, on or before July 30, 2005, or at such title company, time, date, and place as
Seller and Purchaser may mutually agree upon (which date is herein referred to as the "dosing
date").
VI.
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to the City of Denton a duly executed and acknowledged Special
Warranty Deed conveying good and marketable title in fee simple to all of the
Property, free and clear of any and all liens, leases, encmnbrances, conditions,
assessments, and restrictions, except for the following:
1. General real estate taxes for the year of closing and
subsequent years not.yet due and payable;
2. Any exceptions approved by Purchaser pursuant to
Purchaser's Obligations hereof; and
3. Any exceptions approved by Purchaser in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Seller's sole
expense, issued by Reunion Title Company, Dento~ Texas, (the "Title Company"), or
such title company as Sener and Purchaser may mutually agree upon, in Purchaser's
favor in the fun amount of the purchase price, insuring fee simple title for the City of
Denton to the Property subject only to. those title exceptions listed in Closing
3
Requirements hereof, such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained in the usual fonn of Texas
Owner's Policy of Title Insurance, provided, however:
I. The boundary and survey exceptions shall be deleted if
required by Purchaser and if so required, the costs associated
with it shall be borne by Purchaser;
2. The exception as to restrictive covenants shall be endorsed
"None of Record";
3. The exception for taxes shall be limited io the year of
closing and shall be endorsed "Not Yet Due and Payable";
and
4. The exception as to liens encumbering the Property shall
be endorsed "None of Record".
C. Deliver to Purchaser possession of the Property on the day of closing.
2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the
"Purchase Price't section of this contract at Closing in immediately available funds.
3. Closin~ Costs. Seller shall pay all taxes assessed by any tax collection authority through
the date of Closing. All other customary and standard costs and expenses of closing in
consunnnating the sale and purchase of the Property not specifically allocated herein shall be paid
by the Purchaser, except each party will be responsible for its own attorney fees.
Vll.
REAL ESTATE COMMISSION
Seller and Purchaser represent and warrant to each other that neither has retained a broker
for this transaction and that there are no broker or real estate fees due as a result of the
consunnnation of this contract.
VIII.
BREACH BY SELLER
4
If Seller fails to fully and timely perform any of its obligations under this Contract or fails
to consunnnate the sale of the Property for any reason, except Buyer's default, Buyer may enforce
specific performance of this Contract.
IX.
BREACH BY PURcHAsER
In the event Buyer fails to consummate the purchase, of the Property, if Seller is not in
default under this Contract, Seller will have the right to enforce specific performance of this
Contract.
x.
MISCELLANEOUS
I. Assignment of Agreement. Purchaser may assign this Agreement without the express
written consent of Sener.
2. Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the .transactions contemplated hereby shall survive the closing and
shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received when. sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to Sener or Purchaser, as the case may be, at the addreSs set forth beneath
the signature ofthe party. 1_ f. /' i j fJ I
J 11 t tl' CAtv... hot c... IV b (VJ
a. Seller's agent for purposes of notice shall be: Aaron Baltazar Ltd., .525 Part \VMtlI DfWe,
D8RtQll, Texas~, (940) 381-5453.
~{--e.- 7 b ,,'z., l?
b. PurcHaser's agent for the purposes of notice shall be: Edwin Snyder, Acting. City Attorney,
City of Denton, 215 East McKinney Street, Denton, Texas, 76201 (940) 349~8333.
4. Texas Law to Apply. This Agreement shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties created hereunder are performable
in Denton County, Texas.
5. Parties Bound This Agreement shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
5
6. Legal Constroction. In case anyone or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said
invalidity; illegality, or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement
of the parties and supersedes any prior understandings or written or oral agreements between. the
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Agreement.
9. Gender. Words of any gender used in this Agreement shall be held and construed to
include any other gender; and words in the singular number shall be held to include the plural, and
vice versa, unless the context requires otherwise.
to. Memorandum of Contract. Upon request of either party, both parties shall promptly
execute a memorandum of this Agreement suitable for filing of record.
11. Compliance. In accordance with the requirements of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title
insurance or Ptrrchaser should have the abstract covering the Property examined by an attorney of
Purchasers own selection.
12. Effective Date. The term "Effective Date" meansthe latter of the dates on which this
Contract is signed by either Sener or Purchaser, as indicated by their signature below. If the last
party to execute this Contract fails to complete the date of execution below that party' s signature,
the date the Title Company acknowledges receipt of a copy of this fully executed contract is the
Effective Date.
IN WITNESS WHEREOF, Sener and Purchaser have executed this contract as follows:
SELLER:
Aaron Baltazar, Ltd
By
By: ..ltaur MeIta, Praideat of
MeIta ~_LLC, Gtaenl
PJrtIler of Aaron ......r, Ltd
6
PURCHASER:
City of Denton, Texas
By
Approved as to f(tno.:
CITY ATfORNEY
City of Denton, Texa
Title
BY:
STATE OF TEXAS
County of D lln-Wn
Before me the undersigned authority on this day personally appeared BaltazarMesta, President of
fieSta Management, ILC, General Partner of Aaron Baltazar, Ltd., known to me to be the person
whose name is subscnbed hereto and after being duly sworn; acknowledged that he is authorized
and has executed the above document for the purposes and consideration therein stated and for
the purpose therein stated on behalf of Aaron Baltazar, Ltd
Witness my hand and seal of office this the
2005.
~:L
day of d onJ2. -
.
!~1f.'/f!!:.;;~ PAMELA G. ENGLAND
~ . { ..} . ~ Notary Public, Slate of Texas
\,,;:..,'~i My Commission Exp. 02.27.2006
'"'';::.ff.,..''''' .
?~~~ L~
Notary Public in and for
State of Texas
r A md '^- ~. [I'lj ta.ru1
Printed Name of Notary
My cormnission expires ~{p
7
STATE OF TEXAS
County of Denton
Before me the undersigned authority on this day personally appeared ,
known to me to be the person whose name is subscnDed hereto and after being duly sworn,
acknowledged that he executed the above document for the purposes and consideration therein
stated and for the purpose therein stated on behalf of and fOT the City of Denton, Texas.
Witness my hand and seal of office this the
day of
Notary Public in and for
State of Texas
Printed Name of Notary
My commission expires
TITLE COMP ANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed Contract on
_,2005.
TITLE COMPANY:
Name:
Address:
Sierra Title Company
3960 FM 2181 Suite 200
Denton, Texas 76205
Phone: 972-434-3163
By:
Printed Name:
Title:
8
, 2005.
day of
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR JULY 11,2005
9:00 A. M.
DRAFT
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, July 11,2005 at
9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
John Baines
George Hopkins
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received background information, staff s recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
Listed below are bids or purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment under Consent Agenda Items 1 through 7.
Detailed information is attached to each Consent Agenda item. This listing is provided on the
Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to
approval of the Consent Agenda. If the item is pulled from consideration for separate discussion,
prior to its consideration, such item will be considered as the first item(s) taken up under the
"Items For Individual Consideration" section of the agenda, set forth below. The remaining
Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the
Public Utilities Board Members who are present.
1) Consider approval of Task Order 05-F with R.I. Covington Consulting, LLC for the
provision of testimony and support during a formal Public Utility Commission of Texas
(PUCT) hearing regarding the Denton Municipal Electric (DME) Transmission Cost of
Service (TCOS) filing in an amount not to exceed $18,766.
2) Consider approval of Bid 3347 for Purchase of Electrical Secondary Connection Pedestals
Page 1 of 2
EXHIBIT 5
from Priester Supply, in the annual estimated amount of $30,000.
3) Consider approval of Bid 3348, for the Purchase of Polymer Concrete Transformer Pads,
from the lowest responsible bidder for each item in the annual estimated amount of $26,000.
4) Consider approval of Bid 3323 for the purchase of galvanized steel structures to construct an
addition to the existing Hickory Substation and awarded to the lowest responsible bidder in
the estimated amount of $66,616.
5) Consider approval of Bid No. 3343 for a 10,000 Gallon ConVault Above Ground Fuel
Storage Tank, from Holloway Welding and Piping Company in the amount of$71,152.
6) Consider approval for the purchase and installation of Caterpillar's Computer Aided
Earthmoving System (CAES), to Holt Caterpillar of Fort Worth, Texas, in the amount of
$74,620.
7) Consider recommending approval of the purchase of a certain 1.46 acre tract of realty,
from Aaron Baltazar, Ltd. located in the T. Toby Abstract, No. 1288, City of Denton,
Denton County, Texas, and being shown as Lot B, Block C, of La Hacienda Heights,
Phase I Final Plat.
Board Member Bill Cheek moved to approve Consent Agenda Items #1-7, with a second
from Board Member Phil Gallivan. The motion was approved by a vote of 5-0.
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: City Manager's Office
CM: Mike Conduff, City Manager
SUBJECT
Consider appointments to City's Boards and Commissions.
BACKGROUND
The attached nominations for boards and commissions were discussed at the July 18, 2005 City
Council luncheon. Council will be voting on approval of these nominations at this meeting.
The nominations for Animal Shelter Advisory Board have changed slightly. Dr. Wright does not
live in the city limits nor does Scott Fletcher. Dr. Randy Wuensche and Jim Bryan have been
substituted for those nominations. I have also learned that Daniel Farmer will be moving out of the
city limits. Daniel fills the category of an individual who works in the daily operation of an animal
shelter. Staff is recommending that Anthony Dodson be considered for Daniel's replacement, as he
is a current employee of Animal Services.
No other nominations have been received at this time. Council Member Montgomery has a
nomination to the Construction Advisory and Appeals Board and Mayor Brock has a nomination to
the Traffic Safety Commission. There is an "All" nomination to the Traffic Safety Commission and
Zoning Board of Adjustment left to complete.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
BOARD AND COMMISSION NOMINATIONS
Board
Council
Member
Nomination
Airport Advisory Board Heggins Rick Woolfolk
Kamp Bob Eames
Mulroy John Kristoferson
Animal Shelter Advisory Committee Thomson Dr. Randy Wuensche
McNeill Nancy Grantz
Brock Jim Bryan
Heggine Anthony Dodson
Community Development Advisory Heggins Cassandra Berry
Cmte. Kamp Kathy Tedrick
McNeill Walter Eagleton
Mulroy Larry Collister
Construction Advisory and Appeals Heggins John Ryan
Board Thomson Don Richards
Montgomery
Mulroy Jim Strange
Brock Dana Binnion
Historic Landmark Commission Heggins Donna Morris
Thomson Ann Hatch
McNeill Thomas Wood
Montgomery David Wright
Mulroy Diana Hatch
O-All Steve Ambuehl
Human Services Advisory Cmte. Heggins Mae Nell Benford
Thomson Kami Fletcher
Montgomery Lilia Bynum
Mulroy Jodi Vicars-Nance
Brock Sonj a Ball
O-All Steve Pogue
O-All Dena Bruton-Claus
Library Board Heggins Turner Kobler
Kamp Dorothy Adkins
Montgomery Teresa Starrett
1\ K 1 Sherri McDade
Parks, Recreation & Beautification Board Heggins Reginald Heard
Montgomery Ross Richardson
Mulroy Teresa Andress
Brock Jo Kuhn
Board Council Nomination
Member
Planning and Zoning Commission Heggins Emma Guzman Ramon
Kamp George Watkins
McNeill Virgil Strange
Brock Joe Roy
Public Utilities Board 1\ C , Charldean Newell
Traffic Safety Commission Thomson Linda Brown
McNeill Murray Ricks
Montgomery Harry Phillips
Brock
O-All
Zoning Board of Adjustment Heggins Kevin O'Dell
Thomson Mike Boswell
McNeill Judy Willis
Mulroy Bobby Jones
Brock Jim Kirkpatrick
O-All Tim Tryan
O-All Lee Ann Nutt
O-All
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Planning and Development Department
CM/DCM/ACM: Jon Fortune, Assistant City Manager
SUBJECT A05-0001 (AshGrove Cement)
Hold the second of two public hearings to consider annexing approximately 244 acres into the
corporate city limits of the City of Denton, Texas. The property is generally located south of Mingo
Road and both sides of Collins Road in the eastern section of the City of Denton Extraterritorial
Jurisdiction (ETJ).
BACKGROUND
Applicant: City of Denton
Denton, TX
An involuntary annexation proceeding is being considered by the City of Denton for the AshGrove
Cement distribution site and intervening properties. In accordance with the City's annexation policy
plan, approved in June 1993, the City will "assess on a case by case basis" the annexation of areas in
the ETJ when significant developments are proposed. The subject area to be annexed contains 22
separate parcels, portions of the Union Pacific Railway, Collins Road and Fishtrap Road.
'Y On June 6, 2005, staff received direction from the City Council to pursue involuntary
annexation proceedings.
'Y The City of Denton issued a letter of intent to annex to property owners on June 8th, 2005.
'Y On June 13th, the Real Estate Division of the City of Denton Engineering Department proposed
an alternative annexation area that would be in compliance with Texas state law requiring
1,000 ft width to the annexation area. Staff reissued a new intent to annex letter on June 18th,
2005 with the revised map and area. Previously notified property owners who were removed
from the initial annexation area were also sent a notice of the revised annexation area.
'Y The entire area proposed for annexation is located in the extra territorial jurisdiction and is not
zoned. Approximately seven of the parcels contain existing residential uses. Three of the
parcels contain existing commercial uses.
'Y The Comprehensive Plan identifies this area to be within the Neighborhood Centers,
Employment Centers and Rural Areas land use designation.
'Y Property owners were notified of the involuntary with an "intent to annex" letter and official
public hearing notification. To date, staff has received no letters in opposition from property
owners within 200' of the proposed annexation area. (Refer to Attachment 3.)
1
OPTIONS
1. Maintain land area.
2. Delete land area.
3. Amend service plan.
4. Deny.
RECOMMENDA TION
Staff recommends that the second public hearing for A05-0001 is held as scheduled, and pending
comments received; determine if additional information is needed.
Staff recommends that the public hearings proceed as scheduled, finding that:
The need to manage and coordinate development in an orderly manner is a significant city objective
that the City of Denton will pursue.
ESTIMATED PROJECT SCHEDULE
The annexation process will be completed by October 4,2005. (Refer to Attachment 4.)
PRIOR ACTIONIREVIEW
Intent to Annex Notification Mailed
18t CC Public Hearing
2nd CC Public Hearing
June 18, 2005
July 19,2005
July 26, 2005
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school district. It
will require no short-term public improvements that are the responsibility of the city. Proposed
annexation area will add additional tax base to the city. City of Denton fire and police services are
required upon annexation.
ATTACHMENTS
1. Service Analysis
2. Location Map
3. Notification Map
4. Annexation Schedule
5. Draft Annexation Service Plan
Prepared by:
Stephen A. Cook, AICP
Planning Policy Coordinator
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Police
-
1. Estimated average response time for this area based on current department conditions:
Priority 11 minutes
Non-priority 27 minutes
Average 19 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 11 minutes
Non-priority 27 minutes
Average 19 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific result of
this proposal? No
4. Will additional equipment and funding be needed to serve this area? No
5. Will a police substation or other facility be needed to serve this area as a result of annexation and
development? No
6. Please comment on the cumulative impact of annexation and development.
There will be a negligible impact to general police services due to this annexation.
At what population level would another police facility be required?
Proposed annexation would not require a new facility. However, the projected additions to
the current facility will help to accommodate any population increases resulting from this
or similar annexation projects.
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes?
There is no accepted facility or equipment ratio in use.
Is there an accepted officer to population ratio that can be used for planning purposes?
1. 79 officers per 1000 citizens.
3
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
En2ineerin2 and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this proposed
annexation and development in terms of needed improvements or upgrades?
Name and location
Type of Improvement
Approximate Cost
Mingo Road
Reconstruct to 8" Asphalt and 6" Sub2rade
$435,000
Truck traffic from proposed concrete distribution plant, and potential closure of Collins
Road at the Union Pacific Railroad will increase heavy truck traffic on Mingo Road and
cause increased deterioration of the Mingo Road surface from Collins Road to Cooper
Creek Road. The proposed development within this annexation as stated will cause the
need for improvements to Mingo Road.
2. Are any of these improvements presently scheduled to be done at state or federal expense? No
3. Please list any drainage improvements that may require local funding, and include estimated cost
(if no specific improvements can be determined, please make general comments concerning
drainage).
All existing drainage structures on Mingo will need to be upgraded to the 100- year storm
design.
4. Will additional equipment and facilities be needed as a specific result of this annexation and
development? No.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
Is there an accepted equipment to population ratio that can be used for planning purposes? N/A
Is there an accepted employee to population ratio that can be used for planning purposes? N/A
Additional Comments:
A part of this annexation may result in the removal of the railroad crossing at Collins/Mingo.
Cement and other heavy trucks will have to use an alternate route along Mingo. One possible
route is Geesling/Fishtrap of which at least Fishtrap should be prohibited to truck traffic.
Another route along Mingo is to Cooper Creek, this is the more desirable route. Mingo is
substandard in this area for this type of truck traffic.
4
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Fire
1.
Fire and Emergency Medical Services can be provided to the area from station(s)
located at 3309 McKinney Street and 2110 E. Sherman.
# 4 and 2,
2.
Estimated response time.
5 minutes
3.
Appropriate response time in the City.
5 minutes
4. Is a new fire station approved in the CIP that could serve this area? No.
5. Will a new fire station be requested in upcoming CIP proposals to serve this area? N/A.
6. Total estimated funding for equipment, employees and/or facilities needed to serve this area
strictly based on annexation and proposed development. N/A.
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? Undetermined.
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? No.
Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1.5
per 1,000.
5
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are capable of
serving this area if annexed and/or developed (federal, state, or local)? None are within the
proposed annexation. The closest Denton Parks properties to the proposed annexation area are
Avondale Park 2.5 miles to southwest, Water Works Park and Natatorium Pool complex 2.85
miles to west, and the Greenbelt Trail and Clear Creek Nature Center 1.1 mile to the east and
north. The Army Corp of Engineers open space property is bordered on the east of this
annexation. Current residents will be able to use existing City of Denton parks, facilities and
programs.
2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or
development based on the parks and recreation master plan or similar standards? The 2000 Denton
Park and Recreation Master Plan does not indicate a need for a Community Park in the
general area of the proposed annexation due to existing open space land at Clear Creek Nature
Center and the Greenbelt trail.
In the event new residential development occurs in the annexation area, a neighborhood
park may be necessary.
Service Standards:
Neighborhood Parks:
2.5 acres per 1,000 population
(to be dedicated at time of development)
5 acres minimum size.
(by developer) cost per acre.
Community Parks:
3.0 acres per 1,000 population
30 acres minimum
3. How much additional funding will be needed for maintenance if additional park facilities are
developed to serve this area? None required for Parks at this time. However addition mowing
for street right of ways will be needed. Annual Cost for street right of way mowing is $702.00
for the 5,200 new feet of right of way to come into the city.
Service Standard:
Based on $41.00 per acre per mowing cycle.
4. How many additional personnel would be needed to properly serve this area if annexed and
developed? No additional personnel for Parks maintenance required at this time. However
additional resources will be required for road right of way mowing along Mingo, Collins and
Fishtrap roads.
Additional Comments: Denton Parks and Recreation Department will attempt to coordinate
placement of park facilities proposed for development by the developer or use funds from the
Park Land Dedication requirements to purchase or expand existing parks within the service area
of this development.
6
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Library
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development. The
proposed annexation will have no direct impact on library services in the City of
Denton.
3. At what population level would another library facility be required? 98,913
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.4 per capita
5. Is there an accepted employee to population ratio that can be used for planning purposes?
Yes. One Professional degreed librarian with Master of Library Sciences or
Information Studies per 1,000 of population or .11 and one full-time equivalent staff
per 1,000 population or .462
6. At what population level would another library facility be required? 98,913
Is there an accepted circulation to population ratio that can be used for planning purposes? Yes.
7.4 per capita
Is there an accepted employee to population ratio that can be used for planning purposes? Yes.
See #5 above.
If annexed, can anticipated servIce demands be met using existing materials, facilities, and
personnel ? Yes.
If not, how many additional employees and what type of facilities and materials will be needed
to provide services? N/A
Additional Comments: None.
7
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation? Yes.
2. Is commercial solid waste service available to the proposed area for annexation?
Yes.
3. What is the estimated cost to provide this area with solid waste service?
Existing solid waste service rates will apply.
What is the typical revenue collected per:
Household.
Commercial Business
90 Gallon Refuse Cart -$15.00 / month.
35 Gallon Recycling cart - $2.99 / month.
Various Container sizes and rates -
Contact 940-349-8787.
4. Will additional equipment be needed to serve this area if annexed or developed? No.
5. Will additional employees be needed to serve this area if annexed or developed? No.
6. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A.
Is there an accepted equipment to population ratio that can be used for planning purposes? No.
Is there an accepted employee to population ratio that can be used for planning purposes? No.
Additional Comments: None.
8
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Water/Wastewater
1. What is the nearest City of Denton water line?
Size of water line. 12"
Location of water line. Fishtrap & Geesling
Distance from proposed annexation. 1750 ft to SW corner of annexed area
2. What is the nearest City of Denton sewer line?
Size of sewer line. 10"
Location of sewer line. Geesling & US 380
Distance from proposed annexation. 3250 ft to SW corner of annexed area
3. According to the City of Denton master plan what type of lines and facilities would be required
for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines None Proposed
Sewer lines None Proposed
4. Are there any City of Denton lines included in the proposed annexation?
No.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? 18,750
Is there an accepted equipment to population ratio that can be used for planning purposes? One
crew per 18,750 population
Is there an accepted employee to population ratio that can be used for planning purposes? One
employee per 5,770 population
Additional Comments:
The nearest existing sewer line has been given, however, planned development along Lakeview
Blvd south of US 380 would put a sewer line closer to the annexation area. Additionally, the sewer
line at Geesling and US 380 feeds into a lift station which is currently not sized for significant
additional flow. Therefore, the lift station and force main would require expansion to be used by
development in the annexed area. Finally, the annexation area drains away from the existing
sewers in the area, which means that one or more lift stations will be required to provide sewer
service.
9
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Drainage
1. Please list any drainage improvements that may require local funding, and include estimated cost
(if no specific improvements can be determined, please make general comments concerning
drainage).
All drainage improvements required for development within the proposed annexation area
will be subject to the requirements of the Development Code, and will be paid for by the
developer(s). There are no FEMA designated floodplains identified within the annexation
area with one possible exception: Minor portions of the eastern fringe of the proposed
annexation area may be within the floodplain of the Elm Fork Trinity River between Lake
Lewisville and Lake Ray Roberts. Development will not be allowed within these areas
which must be reserved as drainage easements.
2. Will additional equipment and facilities be needed as a specific result of this annexation and
development? No. If yes, what type of equipment or facility?
3. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
Is there an accepted equipment to population ratio that can be used for planning purposes? N/A
Is there an accepted employee to population ratio that can be used for planning purposes? N/A
10
Attachment 1
SERVICE ANALYSIS
A05-0001 - Ash Grove Cement Annexation
Electric Utilities
DME has certification to serve in certain areas of the County that in no way corresponds
to existing or future City limits. These areas of certification were determined by the
Public Utility Commission of Texas, the City has no authority in their determination. If a
customer falls within an area singly certified to DME, we have an absolute obligation to
serve that customer regardless of whether they are inside or outside the City limits. If a
customer falls within an area that is multiply certified to DME and other electric
distribution service providers, then we can complete for the opportunity to serve that
customer if we choose to but, again, this is in no way tied to whether they are inside the
City limits.
11
ATTACHMENT 2
Location Map
NORTH
A05-0001 (AshGrove Cement Annexation)
LOCATION MAP
Scale: None
13
ATTACHMENT 3
Public Notification
Notification Map NORTH
Public Notification Date: July 1, 2005
200' Legal Notices* sent via Certified Mail: 18
500' Courtesy Notices* sent via 151 Class Mail: 9
Number of responses to 200' Legal Notice
· In Opposition: 0
· In Favor: 0
· Neutral: 0
Scale: None
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
14
Property Owner Responses
Property Owner Name
and Address
In favor
IOpposed*
Comments
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
15
ATTACHMENT 4
ANNEXATION SCHEDULE
AshGrove Cement Distribution Center (A05-0001)
Tuesday, 7/19/05
City Council conducts first public hearinq.
. Public notice must be no less than 10 days and no more
than 20 days before public hearing.
o Annexation Study prepared and available for public
review.
o Service Plan prepared and available for public review.
Tuesday, 7/26/05
City Council conducts second public hearinq. (Special Called
Meeting)
. Public notice must be no less than 10 days and no more
than 20 days before public hearing.
Wednesday, 8/24/05
Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed
annexation and the proposed zoninq.
Tuesday, 8/16/05
City Council by a four-fifths vote institutes annexation
proceedings.
First readinq of annexation ordinance.
. Action must be more than 20 days after the second
public hearing but less than 40 days from the first public
hearing.
Sunday, 08/21/05
Ordinance published
. The ordinance cannot be acted upon until at least 30
days after publication.
City Council by a four-fifths vote takes final action. Second
readinq and adoption of the annexation ordinance. City
Council considers approval of zoning request.
. Council action must be more than 30 days after
publication of ordinance and less than 90 days after
council institutes annexation proceedings (adopts
ordinance on 151 reading).
Tuesday, 10/04/05
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1st Reading of the
Ordinance) more than 20 days after the second City Council public hearin2 but less than 40
days from the first City Council public hearin2.
- 1 -
ATTACHMENT 5
DRAFT
CITY OF DENTON ANNEXATION SERVICE PLAN FOR
A05-0001 (Ash Grove Cement Distribution Center)
I. AREA ANNEXED
The annexation area is located in the northeast portion of Denton's Extraterritorial
Jurisdiction and contains approximately 244 acres generally located of land generally
located south of Mingo Road and both sides of Collins Road.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(b)-(0) (Vernon 1999, as amended).
Municipal facilities and services to the annexed area described above will be provided
or made available on behalf of the City in accordance with the following plan. The
City shall provide the annexed tract the levels of service, infrastructure, and
infrastructure maintenance that are comparable to the levels of service, infrastructure,
and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforcement
and animal control services will also be provided to the property upon the
effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency
medical services will be provided to the property upon the effective date
of the annexation. The estimated emergency response time in this area is 5
minutes, which is similar to responses for surrounding properties within
the city limits. The City of Denton will provide emergency medical
services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and
accepted by the City of Denton and/or Denton County shall be maintained
by the City of Denton on the effective date of the annexation. Installation
and maintenance of street signs, street lighting and traffic control devices
will be maintained by the City of Denton on the effective date of the
annexation.
1
S:\Annexation\A05-0001 AshGrove Cement\PH CC 1st A05-0001\6 - A05-0001 DRAFT ANNEXATION
PLAN.doc
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon
the effective date of the annexation according to the 2000 Denton Park and
Recreation Master Plan which does not indicate a need for a Community
Park in the general area of the proposed annexation due to existing open
space land at Clear Creek Nature Center and the Greenbelt trail. Residents
of the proposed annexation area will be able to use existing City of Denton
park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the
annexation on the same basis and at the same level as similar library
facilities are maintained throughout the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the City. Both
services are provided on a "cost recovery" basis, and permit fees offset the
costs of services delivered. Incomplete construction must obtain building
permits from the Building Inspections Department of the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective
date of the annexation. The Planning and Development Department
currently services this property by way of administration of Chapter 35 of
the Code of Ordinances, concerning subdivision and land development
regulations.
City Council adopted The Denton Plan, the city's 1999-2020
comprehensive plan, by Ordinance 99-439 on December 7, 1999. The
Future Land Use Plan addresses both land in the city and its ETJ, and the
subject tracts contain Neighborhood Centers, Employment Centers and
Rural Areas future land use designations and are located within close
proximity to a 500-year Floodplain/ Environmentally Sensitive Areas.
The Denton Plan designates future land uses to manage the quality and
quantity of growth by organizing the land use patterns, by matching land
use intensity with available infrastructure, and by preserving floodplains
as environmental and open space corridors. The Denton Plan will be used
as a basis for final zoning classifications after the properties are annexed.
2
S:\Annexation\A05-0001 AshGrove Cement\PH CC 1st A05-0001\6 - A05-0001 DRAFT ANNEXATION
PLAN.doc
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial Solid
Waste service provider within Denton's city limits. The City Ordinance
requires Solid Waste services for all residences and commercial
businesses located in the City. The City of Denton Solid Waste
Department is fully funded through the service fees charged, and receives
no funding from city tax revenues. Solid waste refuse collection services
will be provided to the newly annexed property immediately upon the
effective date of the annexation.
To request solid waste refuse collection services, please telephone the City
of Denton Solid Waste Customer Service Department at 940-349-8787.
Commercial customers are required to complete and submit a Service
Agreement to Solid Waste Customer Service prior to receiving service.
Residential Solid Waste Services
Each residential address will be provided a 96-gallon wheeled refuse cart,
which will be serviced one time per week. Residents are required to place
their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day.
Carts should be placed at the curb for collection no earlier than 6:00 p.m.
the evening prior to their collection day. Carts are to be removed from the
curb no later than 6:00 a.m. on the day following their collection day. All
refuse placed in the cart for collection must be bagged to eliminate wind
blown debris and littering. Refuse that is not placed in the cart with the lid
closed will not be collected. Additional carts may be provided for an
additional monthly charge.
Weekly yard waste service is provided.
Weekly curbside recycling services are provided by Trinity Waste
Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling
information.
Each residential customer's refuse cart service, curbside recycling service,
and yard waste service will occur on the same day each week.
Commercial Refuse Service
Each commercial business will be provided with a commercial
container(s), which are available in a variety of sizes and frequencies of
collection, based on the waste type and volume generated. All refuse
placed in the container for collection must be bagged to eliminate wind
blown debris and littering. Refuse that is not placed in the container with
the lid closed will not be collected. Refuse placed outside the container is
subject to code enforcement regulations, including potential fines.
3
S:\Annexation\A05-0001 AshGrove Cement\PH CC 1st A05-0001\6 - A05-0001 DRAFT ANNEXATION
PLAN.doc
Landfill Service
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m.
to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on
Saturdays. For information regarding disposal charges, call the Landfill
Office at 940-349-7510.
B. Water/Wastewater Facilities
The area lies within the City of Denton's Certificate of Convenience and
Necessity (CCN) service area for both water and wastewater service. The
nearest available water lines that could be extended by the developer to
serve the property are a 12" line at the intersection of Geesling and
Fishtrap, 1,750 feet from the southwest corner of the proposed annexed
area.
Currently, there are no Capital Improvement Projects proposed for the
annexation area.
Currently there are no existing sewer lines on either side of Mingo Road to
serve the proposed development. The nearest existing sewer line is a 10"
line at the intersection of Geesling Road and US Hwy 380. However,
planned development along Lakeview Blvd south of US 380 would put a
sewer line closer to the annexation area. Additionally, the sewer line at
Geesling and US 380 feeds into a lift station which is currently not sized
for significant additional flow. Therefore, the lift station and force main
would require expansion to be used by development in the annexed area.
Finally, the annexation area drains away from the existing sewers in the
area, which means that one or more lift stations will be required to provide
sewer service. Computer modeling of the wastewater system will provide
the means necessary to accommodate all of the wastewater flows in the
existing sewer system downstream of the development.
Maintenance of water and wastewater facilities in the area to be annexed
that are not within the service area of another water or wastewater utility
will begin upon the effective date of the annexation using existing
personnel and equipment.
The City shall provide a level of water and wastewater service,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective
date of the annexation. The City shall provide a level of drainage services,
4
S:\Annexation\A05-0001 AshGrove Cement\PH CC 1st A05-0001\6 - A05-0001 DRAFT ANNEXATION
PLAN.doc
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Electrical Services
Denton Municipal Electric is certified by the State to provide electric
utility service to the annexation area should a request be made by a
property owner. Customer cost participation will be required for the
overhead line extension to the site.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the
City with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, and drainage facilities is
contemplated within the annexed area as a result of this annexation because
the annexed area on the date of annexation will have a level of full municipal
services equal to other areas within the City having similar characteristics of
topography, land use, and population density. Street improvement needs will
be investigated as part of the City of Denton Capital Improvement Program.
Thus, no construction of public improvements is contemplated as a result of
this annexation that would begin within two and a half (2 IIz) years after the
effective date of the annexation. The City shall consider construction of
other public improvements as the needs dictate on the same basis as such
public improvements are considered throughout the City for areas having
similar characteristics of topography, land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the
service plan shall be at the discretion of City Council.
5
S:\Annexation\A05-0001 AshGrove Cement\PH CC 1st A05-0001\6 - A05-0001 DRAFT ANNEXATION
PLAN.doc
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
6
S:\Annexation\A05-0001 AshGrove Cement\PH CC 1st A05-0001\6 - A05-0001 DRAFT ANNEXATION
PLAN.doc
AGENDA INFORMATION SHEET
AGENDA DATE:
July 26, 2005
DEPARTMENT:
Parks and Recreation Department
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Hold a public hearing and consider adoption of an ordinance granting approval of a Public
Utility and Drainage Easement of 0.081 acres for a subsurface use of a portion of the Denton
Branch Rail Trail near Mile Post 724.8 for the purpose of a wastewater and stormwater sewer
pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the
issuance of an easement; and providing an effective date. (Parks, Recreation and Beautification
recommended approval with a vote of 5-0).
BACKGROUND
Providence Place Apartment complex has requested the use of parkland in order to locate a
stormwater and wastewater pipeline across the Denton Branch Rail Trail as part of a future
expanSIOn.
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the
Texas Parks and Wildlife Code requires that:
(a) a municipality of this state may not approve any program or project that requires the
use or taking of any public land designated and used prior to the arrangement of the
program or project as a park unless the municipality, acting through its duly authorized
governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or taking of such land;
and
(2) the program or project includes all reasonable planning to minimize harm
to the land, as a park, resulting from the use or taking.
(b) A finding may be made only after notice and a hearing as required by this chapter. /I
If the proposed storm water and wastewater pipeline easement is allowed, a value must be placed
on the 0.081 acres section and charged to the Providence Place Apartments. In addition, land
disturbed on the trail will be returned to its original condition.
Possible alternatives include:
. Select a route through the city that would not cross the Denton Branch Rail Trail area. A
routing study was conducted. Since negotiations for an easement to the south along the
eastside of the trail appears likely to not be attained, there are no other feasible or prudent
alternatives due to the topography and hydraulics of drainage.
. Permit the proposed Denton Branch Rail Trail crossing of a stormwater and wastewater
easement of the trail right of way to connect to existing sewer line and creek channel on the
Westside of rail trail right of way. As a condition of construction, require the installer to
- 1 -
install all pipe structures to meet the American Railway Engineering Maintenance Standards
for the future re-activation of the rail line for a rail commuter line.
OPTIONS
City Council may approve or deny the recommendation to a allow a public utility and drainage
easement across the Denton Branch Rail Trail, select another option outlined above, or request
staff to submit an alternative not listed.
RECOMMENDA TION
After reviewing all alternatives, staff recommends approval of the use of the Denton Branch Rail
Trail for the public utility and drainage easement at milepost 724.8. There will be no major
impact on current park operations or programs. The Parks and Recreation Department confirms
that the City of Denton has investigated all other alternatives and has used reasonable planning to
minimize harm to the land.
ESTIMA TED SCHEDULE OF PROJECT
Construction is projected to begin in fall 2005.
PRIOR ACTIONIREVIEW
The Parks, Recreation and Beautification Board recommended approval (5-0) of this expansion
of Providence Place Apartments utility and drainage easement at a meeting on July 11,2005.
FISCAL INFORMATION
Compensation related to this use is still under discussion with Providence Place Apartments. It
is reasonable to expect that improvements directly related to programs and/or facilities in the
Denton Branch Rail Trail will be provided.
BID INFORMATION
Not applicable
EXHIBITS:
1. Ordinance
2. Map
3. Minutes
R tflll S b Ott d
.
)"1 '{I
" Jf""
,-"- ! '/,1 ,1'0
..- r ~I ~.v-.L..- ~ .N
~/...1h/1:- .!~ .;.--'::/. 1::':p7:- ""-?,f::1 ~'.H/;/
j: ii/d':'Y' /::;i(i;;;!i$J;,~ 'J-:-'
J ~'l< ~rt: ."t ~'/ ~~'/Jw.:.'J I
~ - Iy;;{'
Janet Fitzgerald, Director
Parks and Recreation Department
Prepared by:
~
Bob Tickner, Superintendent
Parks and Recreation Department
- 2 -
ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A PUBLIC UTILITY AND DRAINAGE
EASEMENT OF 0.081 ACRES FOR A SUBSURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL TRAIL NEAR MILE POST 724.8 FOR THE PURPOSE OF A
W ASTEW ATER. AND STORMW ATER SEWER IN ACCRODANCE WITH CHAPTER 26
OF THE TEXAS PARKS AND WILDLIFE CODE~ PROVIDING FOR THE ISSUANCE OF
AN EASE1\.1ENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park may be used for a non-park purpose if the City Council finds
after notice and hearing that there is not feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to provide for a required wastewater sewer and
drainage easement of approximately 0.081 acres across the trail for proper wastewater and storm
water utility services; and
WHEREAS, The Providence Place Apartments desires to construct a wastewater sewer
and storm water drainage pipeline across the Denton Branch RaillTrail since alternative options
would not be feasible and pmdent; and
WHEREAS, the City provided notice in the Denton Record. Chronicle on July 4, 11. and
July 18, 2005 of a Public Hearing to be held on July 26, 2005 in the Council Chambers to
consider the alternatives to the use of City Park for the subject wastewater sewer and drainage
easement; and
WHEREAS, the City Council on July 26, 2005 received testimony at a public hearing on
the issues of no feasible and prudent alternative to the use of the property for the proposed
project and that the project includes all reasonable planning to minimize harm to the Denton
Branch RailITrai1 resulting from the public utility and drainage easement~ and
WHEREAS. the City Council finds that the project does not fall within the purview of
Section 253.001 of the Texas Local Government Code; and
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
use of the park land and that the subject wastewater sewer and drainage project includes all
reasonable planning to minimize harm to the park as a result of the project; NOW,
TIffiREFORE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlN'S:
SECTION 1. The findings and recitations contained. in the preamble of this ordinance
are incorporated herein by reference.
EXHIBIT 1
S:lOur Do<1uu...,\O"ti",,,,,,<>I05\CHAP26-railtr.n~Posl724,"-OOC
SECTION 2. The Public Utility and Drainage Easement proposed by the Providence
Place Apartments (the "Project") shall be constructed and maintained below the surface of the
park property described in Exhibit A, which is attached hereto and made a part hereof for all
purposes, and that the surface of the park after installation of the wastewater sewer and storm
water pipe shall be constructed in a manner so that the park land may still be used by its patrons
after completion of the Project in the same manner it was used prior to the Project. In addition~
during construction provisions shall be made so that the hike and bike trail will always be open
to the public.
SECTION 3. A Public Utility and Drainage easement which is revocable as required by
law (National Trails System Act, 16 U.S.C. 1247(d)) shall be signed by the City Manager or his
designee and approved by the City Attorney allowing the use of the park property for the Project
as referenced above with appropriate provision to insure the improvements are constructed in
accordance with City Subdivision Rules and Regulations; American Railway Engineering and
Maintenance of Way Standards, protects the patrons using the park from injury and damage both
during and after construction of the Project; compensates for the reasonable market value of the
use herein granted and generally protect the health, safety and general welfare of the City.
SECTION 4. During construction of the Project, temporary use of such additional park
land necessary to stage the construction of the improvements may be approved by the Director of
Parks and Recreation Department. However, at the completion of the construction activities for
the Project such additional park land shall be restored to the condition to which it existed prior to
the beginning of such construction activities.
SECTION 5. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 6. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
Page 2 of3
8,10., Dooum<utslOrdIDanooo\05\CI!Al'26-<oilu1lil-Post 724.8.00c
By:
Page 3 of3
CITY OF DENTON
STORM SEWER EASEMENT
Exhibit A
DAVID HOUGH StJ'R.VEY
ABSTRACT NO. 646
STATE OF TEXAS f
COUNTY OF DENTON ~.
ALL TfIAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN nIE.,DA VlD
HOUGH SURVEY, ABSTRACfNO. 646, DENTON COUNTY, TEXAS. AND BElNG A
PORllQN OF THAT FQRMER 60 FOOT WIDE DALLAS & WICHl1'^~OADRImrr-
.OF-WAY, ACCOlUllNG TO 'l'HB DEED FILlm OF RECORD IN VOLt.JMBR. PAGE 435.
DEED RECORDS DENTONCOUNI'Y~, WHICH WAS QUITCLAIMED TO THE
CITY OF DENTON ACCORDING TO THE DEEDFH.ED OF RECORD IN DENTON
COUNTY CLERK'S Fn..E N0.93-QOS8485, DEED.REOORDS DENTON COUNTY TEXAS,
AND BEINO MOREPARTICULARLYDESCRlBED AS FOLLOWS:
BEGINNING AT THESOumEAST CORNEROFTHAT TRACTOFLAND CONVEYED
TO QUE AND BRENDA BRlTI'AINACCORDING TO THE DEED.PlLE OF RBOOlID iN
VOLUME 4734, PAGE 1616.DBED RECORDS DENTON COUNTVTExAS. THE
SOUTHWEST CORNER OF THAT TRACT OF LAND CONVEym> TORODERT..
DONNELLY ACCORDING TO THE DEBDFILl! OF' RECOR.nlN VOLUME 3384~ PAGS
90S. DEED RECORDS DENTON COUNTY TEXAS, ANDTHENORTHLlNE OF SAID
CITY OF DENTON TRACT;
TllENCESOum 00031'16" WEST. DEPARTING SAlD NORTH LlNE. ADISTANCE OF
71.35 FEET, TO A POINT IN TIlE SOUTH LINE OF SAlDClTYOF DENTONTRACT TO A
POlNT POR CO.RNER;
THENCE NORTH 56042'4211 WEST. ALONG SAID SOUTlILINB,.ADISTANCE OF 18.62
FEET TO A PQINTFOR CORNER~ .
THENCE NORTHS6042'39" WEST. CONTINUING ALONG SAID SOUTH LINE, A
DISTANCE OF 20.84 FEET TO A POINT FOR CORNER.;
THENCE NORTH 00"31'1611 BAST, DEPARTING 'SAID SOUTH LINE,ADISTANCEOF
69.61 FEET TO APOlNT IN THE NORm ImEOF SAID CITY OF DENTON TRACT, AND
THl3 SOUTH LlNEOFSAID BRIITAINTRACf;
THENCESOum 60007'00" EAST. ALONG THE COMMON LINE OF SAIDBRlTrAIN
AND CITY OF DENTON TRACTS. A DISTANCE OF 24;75 FEET; ,
THENCE SOUTH 56042'39,1 EAST~ CONTINUING ALONGSAlD COMMON L~A
DISTANCE OF 33.81 FEET; TO THE PLACE OF BEGINNING AND CONTAlNING
3,548.87 SQUARE FEET~ OR 0.081 ACllESOF LAND MOkE OR LEsS. AND BEING
SUBJECT TO ANY AND ALL BASBMENrS THAT MAY AFFECT.
If\1&CPROJECTW>ROVlDENTREALTY (0079)\(028) QUAILCRBEK; PHASE IDLEGALSlCITYOF DENTONDAVm
HOUOHSURVEY.DOc
-c
f
Z
I
~
S;
;:t Il
"'-
~';...
~
~~
-..J
G
Vi:
I-
~ ~
W <
r.JJ >= ~
<C CI) W~
t: W ~YJ>""
m ' :x:t1:..U')
_w..W~O~::;)i=:g
:c 0 ,'" _ 4( t...('I.) , Z N
)( ..., ~, 0 :J
111 c( ,-t-%OW
Z CO :J .", 0 Z
_ OO=>>Z~'
<C d Oe
a: :z:~
C 00
b :;;
La ~
I-
Z
Q~ ->'a " I ~
, z~...,'!
~ ~" ~;:s -1':>:1~p~. i '
'" '4" ~ ,do. !
9.. l- ;::: } "u .zf.- <;;y' I
l;:j ~ -<:0:: ! ~ -....n C7,
~_;~ ,/ i.: ~-? t),~
~ 4 ,"'. ~~,' /{J "Ob.y'b'l ~~ /
"" ''''.- f ,. , I I 7- ---" 11 /
~ ~j;r...,~t:$-~~i:> / /' ,f .. .!j.(' -------. j{-- I
r(; ~ O~?&i L,pj;.~a~ . ,j .
~' A!? k~.zt> . -~A
, . ,..<~~~~' .. -- .:;
. .'/ c(~rr; . ~ " /.
,/ /~ 7-"' I
// o./f:;IY'/ - -~~:-: :' ~ - - -- -/7}~~' .
,'>. 0- <: '" /
} /_ () ~~ ',:.. I
/ / ! / J#~ kf' t/! I
/ / 1/'" ~_O ,;:; '&V,~ I ~
, / Q ,iJ1J'" :;;:,. ~<y I '"
! II .,~~'<s4' "'&!" I ..
" " ~"... V <:>~ fI'" I ;Q
t ~ ~'. .;i,!v "",''.1., ,! Q:',~ ,8),'59 I Sl ~
" ~'R '" ",'It:; {;J /}'..r I ~ I
" "P""U"f....~ I 0:"
, .~Q"_ I
( "ttj"1'f I
, <:f .9'. OJ I
. _ _0-
f _~ '" I
I
I
I
I
/
~ ~
>= !
~ II
e', ~i~J
8 iijl
, ~(!
i
~
lil
I
I
I
i
I
!
1
!
I
j
I
I~
Draft
Parks, Recreation and Beautification Board
Minutes
July 11,2005
Members present: Teresa Andress, Chuck Smith, Geri Aschenbrenner, Jo Kuhn, and Ross
Richardson. Patrice Lyke arrived late after action items were discussed. Members absent: Reggie
Heard. Staff present: Janet Fitzgerald, Bob Tickner and Janie McLeod. Others present: Alan
Bussell of Greg Edwards Engineering Services, Sandy Stevens with Jones and Carter, and Mat
Harris representing Providence Place Apartments.
Approval of Minutes of June 6, 2005. The minutes were approved as distributed.
ACTION ITEMS
Proposed Stormwater and Wastewater Easement - Denton Branch Rail Trail. Bob discussed
the Providence Place Apartment complex request for the use of parkland in order to locate a
stormwater and wastewater pipeline across the Denton Branch Rail Trail. Bob said that the
apartment complex wants to expand its complex and needs to add to its capacity. The property
to the south has indicated he is not interested in granting an easement across his land at this time.
Bob stated that the subsurface easement use would not be noticed on the trail and will not have
any negative impact. Construction will meet with railroad specifications for when Denton
County Transit Authority needs to construct the rail commuter line. Janet said the release of
water up-stream of the trail railroad trestle appears to not be a negative impact on the railroad
trestle structure.
Teresa asked if the users of the trail would have access to the trail during construction. Sandy
Stevens responded that half of the trail would be closed off for work then the other half would be
worked on so that users would have uninterrupted use of the trail. Teresa asked if the project
could be constructed so it did not impede the use of the trail during construction. Sandy Stevens
of Jones and Carter Engineering stated they would specify in the construction documents for a
safe route through the construction area at all times.
Teresa asked if any trees would be removed as a result of construction of the line. Bob stated
that there was the potential for at least one Post Oak to be removed, but the majority of growth
was small understory trees and scrub-brush. Sandy Stevens stated that any trees removed would
be mitigated as required.
Ross asked if there will be any future expansions of the apartment complex and would Jones and
Carter be coming back later requesting additional easements on the trail. Sandy responded that
there would not be any more additions to the complex.
ACTION: Jo made a motion to approve the request for Providence Place Apartment complex to
use the parkland in order to locate a stormwater and wastewater pipeline across the Denton
Branch Rail Trail contingent on uninterrupted use of the trail during the construction. Geri
seconded the motion and the Board voted to approve the request unanimously.
EXHIBIT 3
Draft
DIRECTOR'S REPORT
Denton Aquatic Center Update - Janet provided a brief overview of the first three weeks of
operation at Water Works Park. Although attendance and revenue is up, it is not projected to be
able to cover natatorium expenses. Ross asked about new marking for the water park. Janet said
that HOT funds were available for advertisement to attract more non-residents to the park. Jo
suggested by changing the font and color on the ads running in the newspaper it could be more eye
catching. Geri commented that a wave pool had been suggested and asked if there were any plans in
the future to incorporate one. Janet said no there are not plans in future developments to add a wave
pool. She added that she would like for the next additions to the park to be a high priority in future
bond programs.
Project Status Report - Teresa asked about the status of the Lake Forest project. Bob said that the
plat has been filed and things are moving forward. He added that trees will be cleared and moved in
the near future. He added that much of the work would be completed in-house.
It was asked if the batting range was up and operating. Janet commented that is has not opened
yet but the operated does have a building permit.
Keep Denton Beautiful- There were no questions.
Items for Upcoming Meetings - None
There being no further business, the meeting was adjourned at 6: 10 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Fiscal Operations
ACM:
Kathy DuBose
,.
SUBJECT
Consider approval of a resolution nominating a member to the Board of Directors of the
Denton Central Appraisal District; and declaring an effective date.
BACKGROUND
The Denton Central Appraisal District (DCAD) has notified the City of a vacancy on the
Board of Directors. Generally, Board of Directors are nominated and elected by taxing
jurisdictions once every other year. (All members of the existing board will complete their
terms in December 2005.) Mr. Richard Smith will be moving in the very near future and the
Board is requesting nominations to fill his vacancy and complete his term. The chief
appraiser will deliver the nominations to the Board of Directors and by maj ority vote; one of
the nominees will be selected to fill the vacancy.
Eligibility Guidelines:
. The selection process is set forth in Section 6.03 of the Property Tax Code as follows, "If
a vacancy occurs on the board of directors other than a vacancy in the position held by a
county assessor-collector serving as a nonvoting director, each taxing unit that is entitled
to vote by this section may nominate by resolution adopted by its governing body a
candidate to fill the vacancy. The unit shall submit the name of its nominee to the chief
appraiser within 10 days after notification from the board of directors of the existence of
the vacancy, and the chief appraiser shall prepare and deliver to the board of directors
within the next five days a list of the nominees. The board of directors shall elect by
majority vote of its members one of the nominees to fill the vacancy."
. An appraisal district director must reside in the appraisal district for at least two (2) years
immediately preceding the date he or she takes office. Most residents are eligible to
serve as a director.
. An employee of a taxing unit served by the appraisal district is not eligible to serve as a
director. However, if the employee is an elected official, he or she is eligible to serve.
. A statute relevant to the Board selection process prohibits nepotism and conflict of
interest for appraisal district directors and chief appraisers. In summary, the law states
that:
...... ."a person may not serve as director of closely related to anyone in the appraisal
district or if related to anyone who represents owners in the district, or if the person has
an interest in a business that contracts with the district or a taxing unit. A chief appraiser
may not employ someone closely related to a member of the board of directors".
Agenda Information Sheet
July 26, 2005
Page 2
. EXPERIENCE - In considering individuals to serve as directors, taxing units should look
for expertise in such areas as accounting, finance, management, personnel administration,
contracts, computers, real estate or taxation. Historical involvement in local government
activities also indicates that someone should make an excellent Board member.
. FREQUENCY OF MEETINGS - The applicable statutes require the board of directors to
meet not less often than once each calendar quarter. The DCAD Board meets more often
than is required by law.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
DCAD Notification Memo
DCAD Board of Directors
Resolution
Respectfully submitted:
". A~
' .,
; ~ .., ',. I t-
o I ~'
;ill ~. ,.,.
Diana G. Ortiz
Director of Fiscal Operations
DENTON CENTRAL ApPRAISAL DISTRICT
3911 MORSE STREET, POBox 2816
DENTON, TEXAS 76202-2816
~DW~ 0
JUL - 6 2005
MEMO
INANCE
DATE: July 1,2005
TO: All Taxing Jurisdictions
FROM: Denton Central Appraisal District Board of Directors
SUBJECT: Vacancy on Board of Directors
The Denton Central Appraisal District Board of Directors is requesting nominations for a
vacancy on the Board of Directors. The vacancy is to complete a term that expires
12/31/05. All nominations must be submitted to the Chief Appraiser by resolution within
forty-five days after receiving this notification. The Chief Appraiser will deliver the
nominations to the Board of Directors and by majority vote one of the nominees will be
selected to fill the vacancy.
PHONE: (940) 349-3800
METRO: (972) 434-2602
FAX: (940) 349-3801
DENTON CENTRAL APPRAISAL DISTRICT
BOARD OF DIRECTORS
2004-2005
Terms ending December 2005
Lee Baker
616 Paisley Drive
Flower Mound, Texas 75028
Ben Harmon
917 Angela Ct.
Lewisville, Texas 75067
Steve Mossman
P. O. Box 1249
Denton, Texas 76202
Richard Smith
1026 West Main St., Ste. 203
Louisville, Texas 75067
Charles Stafford
1903 Williamsburg Row
Denton, Texas 76209
Rick Woolfolk
115 W. College St.
Denton, Texas 76201
"Dedicated to Quality Service"
www.cityofdenton.com
s: \Our Documents\Resolutions\05\nominate central appraisal district.doc
RESOLUTION NO.
A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE
DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, a vacancy exists for the Board of Directors ofthe Denton Central Appraisal
District; and
WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That the City of Denton, Texas hereby nominates
as a member to the Board of Directors of the Denton Central Appraisal District for the remaining
term and expiring December, 2005.
SECTION 2. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: July 26, 2005
DEPARTMENT: Legal Department
CM/DCM/ACM: Herbert L. Prouty, Consulting Assistant City Attorney
SUBJECT: Consider and adopt an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a Settlement Letter Agreement with TXU Electric Delivery accepting the
settlement between TXU Electric Delivery and the Steering Committee of cities served by TXU
Electric Delivery; and providing an effective date.
BACKGROUND: Both Mayor Euline Brock and City Manager Mike Conduff have received
letters from Danny Hodges, the Community Relations Manager of TXU Electric Delivery
("Electric Delivery") offering to pay the City of Denton initially $1,765.08 and, thereafter,
$1,680.72 annually if the City agrees to sign a Letter of Agreement accepting benefits
comparable to those reached in a settlement between Electric Delivery and the Steering
Committee of the cities served by Electric Delivery. A copy of the Letter of Agreement is
attached. A number of cities served by Electric Delivery formed a coalition and then filed a
series of Show Cause Actions challenging certain TXU municipal utility rates. According to the
information provided by Mr. Hodges and through discussions with the law firm of Lloyd
Gosselink Blevins Rochelle & Townsend, P.C., who represented the coalition of cities in this
matter, the settlement involves a payment of $8.5 million to the coalition of cities. About $6
million of this is a refund of 25 percent of the annual TXU's street lighting revenues to the
coalition of cities. The other $2.5 million constitutes a refund of some additional municipal
electric revenues to the coalition of cities on a per capita basis. Although the City of Denton was
not a member of this Steering Committee or the coalition of cities, TXU is offering Denton and a
number of other non-coalition cities benefits comparable to those reflected in the settlement. It is
my understanding from talking with the Lloyd Gosselink firm that what Denton is being offered
represents a refund of 25 percent of TXU's annual street lighting charges.
Denton's agreement not to initiate a Show Cause Action or similar proceedings concerning
Electric Delivery's rates or to participate in any such Show Cause Action before July 1, 2006. is
the consideration for these cash payments. In accordance with the Letter Agreement, the cash
payments would cease (1) upon the date that the City initiates, intervenes in, or participates in a
Show Cause Action or similar proceeding, (2) the date that Electric Delivery ceases to have any
obligation to pay any amounts under paragraphs 4 of Exhibit A of the Settlement Agreement, or
(3) the date the electric rates approved in Electric Delivery's next system-wide rate case at the
PUC or in a city rate inquiry become effective.
OPTIONS:
1. The City Council can approve the Ordinance which authorizes the acceptance of the
Settlement Letter Agreement.
S:\OUT Documents\Miscellaneous\05\072605 AIS- TXU Electric Delivery.doc
2. The City Council can choose not to approve the Ordinance or the Settlement Letter
Agreement and consider filing a Show Cause Action against TXU Electric Delivery.
3. The City Council can approve the Settlement Letter Agreement and join the TXU
coalition of cities.
RECOMMENDATION: The staff recommends that the City choose Option 1 and pass the
Ordinance accepting the Settlement Agreement. Because Electric Delivery's presence in Denton
is extremely limited since Denton Municipal Electric serves most Denton electric customers, we
would not recommend the City filing a Show Cause Action against TXU to dispute the amount
of street lighting and other municipal utility rates. For this same reason, although we have been
invited to become a member of the coalition, the staff does not recommend at this time that the
City join this coalition. Because the amounts that the City would receive as a result of the
participation of the rate case are relatively small, it may cost us more in staff time than any
financial benefits we would gain from either initiating our 0\\11 Show Cause Action or joining
the coalition of cities who have settled this matter with TXU.
FISCAL INFORMATION: Since the payments from TXU, even though small, were not
anticipated in the budget, these amounts will increase the revenue of the City and will have a
positive financial impact.
Respectfully submitted,
HLP:tr
Page 2
S:\OUT Documents\Miscellaneous\05\072605 AIS- TXU Electric Delivery.doc
ATXU
~4. Electric Delivery
TXU Electric Delivery
31 DO Garrison Rd.
Corinth, Tx.76210
Tel: 940-497-7510
Fax: 940-497-7517
Danny Hodges
Community Manager
'RECt'VED
JUN 2 7 2005
,....~. fFY 8>: r.I"MTO~\
REt:Ertrrnt
June 22, 2005
JUN 2 3 2005
City of Denton
215 E. McKinney
Denton, Texas 76201
CITY MANAGER'S OFFICE
Re: Settlement Between TXU Electric Delivery and the Steering Committee of Cities
Served by TXU Electric Delivery
Dear Mr. Conduff,
As you know, TXU Electric Delivery Company ("Electric Delivery") and the Steering
Committee of Cities Served by TXU Electric Delivery ("Steering Committee") have
concluded a settlement of all outstanding issues related to existing and potential Show
Cause Actions and other pending regulatory issues. The purpose of this letter is to offer
your city benefits comparable to those reflected in that settlement. A copy of that
settlement is attached to this letter as Exhibit A.
In consideration for your city's agreement not to initiate a Show Cause Action or similar
proceeding concerning Electric Delivery's rates before July 1, 2006 and not to intervene
in or participate in any manner in any Show Cause Action concerning Electric Delivery's
rates initiated at the PUC or in any other jurisdiction prior to July 1, 2006, Electric
Delivery will make a cash payment of $1,765.08 to your city. Starting March 31, 2006,
and each March 31 st thereafter, Electric Delivery will also make an annual cash payment
of $1,680.72 to your city. Electric Delivery's obligation to make this payment ceases on
(1) the date that your city initiates, intervenes in, or participates in a Show Cause Action
or similar proceeding, (2) the date that Electric Delivery ceases to have any obligation to
pay any amounts under paragraph 4 of Exhibit A, or (3) the date that the tariffs approved
in Electric Delivery's next system-wide rate case at the PUC or in a city rate inquiry
become effective on a temporary or permanent basis ("Termination Date"); provided,
however, in the year the new tariffs become effective, the annual payment shall be
prorated until the Termination Date. Your city's execution of this Letter Agreement
signifies your city's agreement to the terms of this paragraph.
June 22, 2005
- 2 -
Electric Delivery and the Steering Committee have also agreed to pursue discussions
concerning various subj ects. Any improved processes or revised tariffs that result from
Exhibit A will be made available to and will be applicable to your city.
Your city's acceptance of this Letter Agreement also signifies that your city agrees that
the amounts paid under this Letter Agreement are paid solely in consideration for your
city's forbearance from filing, pursuing, or intervening in any Show Cause Action or
similar proceeding against Electric Delivery and are not a rate reduction, refund, rebate,
discount, preference, or privilege of any kind for services provided by Electric Delivery.
Upon receipt of an executed original of this Letter Agreement, Electric Delivery will send
you a check in the first amount specified above. If your city agrees to the provisions of
this Letter Agreement, please have a properly authorized representative of your city sign
in the space provided below and return the executed original to the undersigned. The
offer reflected in this letter expires on September 15,2005.
Sincerely,
~
~
AGREED TO AND ACCEPTED:
City of Denton
By:
Its:
Date:
S:\Our Doeurnents\Qrdinanees\05\TXU Elee Delivery.doe
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT LETTER AGREEMENT WITH TXU
ELECTRIC DELIVERY ACCEPTING THE SETTLEMENT BETWEEN TXU ELECTRIC
DELIVERY AND THE STEERING COMMITTEE OF CITIES SERVED BY TXU ELECTRIC
DELIVERY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, TXU Electric Delivery Company ("Electric Delivery") and the Steering
Committee of cities served by Electric Delivery ("Steering Committee") has settled all issues
relating to existing and potential Show Cause Actions and other pending regulatory issues
regarding municipal street lighting and other electric rates; and
WHEREAS, although, the City of Denton was not a part ofthe coalition of cities and was
not on the Steering Committee, Electric Delivery has offered the City benefits comparable to
those reflected in the settlement in return for Denton's agreement not to initiate a Show Cause
Action or similar proceeding concerning Electric Delivery's rates before July 1, 2006 or to
otherwise not participate in any such Show Cause Action; and
WHEREAS, Electric Delivery has written both Mayor Euline Brock and City Manager
Mike Conduff offering the City comparable benefits of this Settlement Agreement and the offer
expires on September 15, 2005; and
WHEREAS, the City Council considers it in the public interest to accept this Settlement
Agreement with Electric Delivery; 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 is hereby authorized and directed to execute and accept
the Settlement Agreement dated June 22, 2005 of various outstanding and potential Show Cause
Actions reached with the Steering Committee of cites served by TXU Electric Delivery in the
form of the Letter Agreement, which is attached to and made a part of this Ordinance for all
purposes.
SECTION 3. The City Manager is hereby directed to return one executed original of the
Settlement Agreement to Danny Hodges, Community Relations Manager, TXU Electric
Delivery, 3100 S. Garrison Road, Corinth, TX 76210.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
S:\Our Documents\Ordinances\05\TXU Elec Delivery.doc
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: J
Page 2 of2
day of
EULINE BROCK, MAYOR
, 2005.