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October 4, 2005 Agenda
AGENDA CITY OF DENTON CITY COUNCIL October 4, 2005 After determining that a quorum is present, ihe City of Denton City Council will convene in a Regular Meeting on Tuesday, October 4, 2005 at 2:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: NOTE: 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 amendcd, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiancc to thee, Texas, one and indivisible." 2. PROCLAMA nONS/PRESENT A nONS 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 - M). This listing is provided on the Consent Agenda to allow Council Membcrs to discuss or withdraw an item prior to approval of the Consent Agenda. Ifno items are pulled, Consent Agenda Items A - M below will be approvcd 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 of the City Council of the City of Denton, Texas, approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting the program guidelines and criteria; and providing for an effective date. B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. C. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of electric distribution cables for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3365 - Three Year Contract for Purchase of Electric Distribution Cables awarded to the lowest responsible bidder for each item, Techline, Inc., in the annual estimated amount of $848,665). /" City of Denton City Council Agenda October 4, 2005 Page 2 D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of corrugated metal pipe for the Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3387 - Annual Contract for Corrugated Metal Pipe awarded to Contech Construction Products, Inc., in the estimated amount of $100,000). E. Consider adoption of an ordinance accepting competitive bids and awarding a contract for thc purchase of electric rubber termination and separable goods and accessories for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3388 - Two Year Contract for Electric Rubber Insulated Termination and Separable Goods and Accessories awarded to the lowest responsible bidder, Techline, Inc., in the annual estimated amount of $ 100,000). F. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of hot mix asphalt concrete for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3393 - Annual Contract for Hot Mix Asphalt Concrete awarded to the lowest responsible bidder for each item, Jagoe-Public Company, in the annual estimated amount of$I,OOO,OOO). G. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the off site purchase of motor fuels; providing for the expenditure of funds therefor; and providing an effective date (File 3389 - Interlocal Agreement for Remote Site Fuel Purchase with Tarrant County, contract awarded to Barney Holland Oil Co. dba FuelmanlGascard ofDFW in the amount of$135,000). H. Consider adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and GCBSXX LLC on approximately 0.7805 acre of land at the Denton Municipal Airp0l1; and providing an effcctive datc. The Airport Advisory Board recommends approval (7-0). I. Consider a request for an exception to the Noise Ordinance for the purpose of "The Beast and the Freaks Halloween Bash", sponsored by the N2Deep Bucking Bulls. The event will take place at the North Texas Fairgrounds on Saturday, October 29, 2005, from 7:00 p.m. to 12:30 a.m. The exception is specifically requested for an exception of hours of operation for an outdoor music concert. J. Consider a request for im exception to the Noise Ordinance for the purpose of 'The Jesus Event", sponsored by the El Shaddai Ministry. The event will take place at the Fred Moore Park on the following Sundays: October 9, 2005 and November 6, 2005, from 6:00 p.m. to 9:00 p.m. The exception is specifically requested for an exception of hours of operation for amplified music on Sundays. City of Denton City Council Agenda October 4, 2005 Page 3 K. Consider adoption of an ordinance of the Council of the City of Denton, Texas approving and adopting the "Denton Municipal Electric - Electric Service Standards" regarding the City's municipally-owned electric utility; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (4-0). L. 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 for Architectural or Engineering Services by and between the City of Denton, Texas and Teague Nail and Perkins, Inc. for Channel Improvements to an Ulmamed tributary of Pecan Creek at Morse Street, also known as the Morse Street Drainage Channel Improvements Project; providing for the expenditure of funds therefor; and providing an effective date. (The Public Utilities Board recommends approval 4-0.) M. Consider approval of a resolution allowing Metzler's Food and Beverage to be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on October 8, 2005, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. 4. PUBLIC HEARINGS A. Hold the first of two public hearings to consider the involuntary annexation and service plan for approximately 5,800 acres. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). (North Denton Annexation, A05-0002) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution nominating members 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 Assistant City Manager for Utilities to execute two Advance Funding Agreements for Voluntary Utility Relocation Contributions on State Highway Improvement Projects by and between the City of Denton, Texas and the Texas Department of Transp0l1ation; authorizing the expenditure of funds therefor; and providing an effective date. (Loop 288 Widening from Hwy 380 to 1-35E) C. New Business This item provides a section for Council Members to suggest items for future agendas or to request infonnation 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 City of Denton City Council Agenda October 4, 2005 Page 4 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: October 4, 2005 DEPARTMENT: Economic Development CM: Michael A. conduff~ SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. BACKGROUND This ordinance approves guidelines and eligibility criteria for the 2005 Rental Rehabilitation Program. Passage of this ordinance reauthorizes project payments that exceed $25,000 when the project meets the program's eligibility criteria and guidelines. City Council approved CDBG funding in the 2001 and 2004 program year for a Rental Rehabilitation Program. This activity is included in the City of Denton 2000 - 2005 Consolidated Plan and the 2001 and 2004 Action Plans. This activity has a current balance of $77,237. The number of units to be assisted with the available funding is between a minimum of 2 and maximum of 9 rental units located in targeted neighborhoods and/or service areas. Summary of guideline changes: No significant changes are being proposed. ESTIMA TED PROJECT SCHEDULE The program guidelines will be in effect for rental property rehabilitation projects completed from October 1, 2005, through September 30, 2006. Staff will market funding availability through media advertisements and the community development newsletter. Staff will also work with the Denton Housing Authority to inform Section 8 landlords about the program. PRIOR ACTIONIREVIEW On May 16, 2000, City Council adopted the 2000-2005 Consolidated Plan for Housing and Community Development. The rental rehabilitation activity was included in this plan. City Council approved funding for the Rental Rehabilitation Program activity in the 2001 and 2004 Action Plans. FISCAL INFORMATION The program is funded using Community Development Block Grant fund balances designated for the Rental Rehabilitation Program totaling $77,237.38. No general fund dollars are budgeted to administer this program. 1 ATTACHMENTS 1. Proposed Ordinance 2. 2005 Rental Rehabilitation Program Guidelines Prepared by: ~~ Alma Espino Program Specialist Respectfully submitted: Linda B. Ratliff Director, Economic Development Department 2 S:\Our Docum.ents\Ordinances\05\Rental Rehab Program Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton has developed a program to rehabilitate tenant occupied housing units by making needed repairs through its Rental Rehabilitation Program, which is administered by the City of Denton Community Development Division and funded through a federal grant; and WHEREAS. The City Council deems it to be in the public interest to approve the Program Eligibility Criteria for the 2005 Program year; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council approves the Rental Rehabilitation Program Guidelines and eligibility criteria attached to and made a part of this ordinance for all purposes, and authorizes the City of Denton Community Development Division to administer this program. SECTION 2. That the City Council authorizes the expenditure of funds in excess of $25,000 by the Community Development Division for projects meeting program guidelines and criteria, subject to compliance with competitive bidding laws, where applicable. 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 Page 1 of2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYD R, CITY ATTORNEY BY: CITY OF DENTON 2005 RENTAL REHABIUTATION PROGRAM GUIDELINES The Community Development Division 101 S Locust Street - Suite 500 Denton, Texas 940-349-7726 (Office) 940-383-2445 (Fax) (Located in the Wells Fargo Bank Building - Fifth Floor) 1 RENTAL REHABILITATION PROGRAM GUIDELINES TABLE OF CONTENTS INTRODUCTION........................................................................................................................ 3 I. ELIGIBILITY REQUIREM ENTS: ......... ................... .......... .......... ......... .......... .......... ....... 4 II. APPLICATION PROCESSI NG: .......... ................................................ .......... .......... ....... 5 III PROJECT SELECTION ..... ................. ................... .......... .......... ................... .......... ....... 6 IV. CONTRACTOR SELECTION, MONITORING AND DEBARMENT: ........................... 6 V. PA YM ENT TO CONTRACTOR: ......... ................... .......... .......... ......... .......... .......... ....... 7 VI. FINANCIAL ASSISTANCE OPTIONS: .............................................. .......... .......... ....... 8 VII. PROGRAM GUIDELINES:. ................. ................... .......... .......... ......... .......... .......... ....... 9 VIII. MINIMUM REHABILITATION STANDARDS: .............................................................. 13 APPENDIX I - FAIR MARKET RENTS (FMRS)................................................................................................18 APPENDIX II - RENTAL REHABILITATION PROCEDURES ................................................................19 APPENDIX ill - APPLICATION FOR THE CITY OF DENTON...................................................................21 APPENDIX IV - TENANT ASSISTANCE POLICy...........................................................................................26 APPENDIX V - TENANT PRE NOTIFICATION SAMPLE LETTER...........................................................29 APPENDIX VI - RENTAL REHABILITATION TARGET AREA MAP.....................................................................30 APPENDIX VII - TENANT BENEFICIARY TRACKING FORM .................................................................31 2 INTRODUCTION The City of Denton Rental Housing Rehabilitation Program is designed to assist low and moderate- income families in securing safe, sanitary and decent housing. This program's objective is to rehabilitate renter-occupied housing units by making needed repairs with the first priority as correcting code violations and eliminating lead-based paint hazards, when present. The Rental Rehabilitation Program is administered by the City of Denton's Community Development Division and funded through a federal grant. These guidelines contain a detailed description of the program including policies and procedures. The purpose of these guidelines is to explain to potential clients and the citizens of Denton, the Rental Housing Rehabilitation Program and types of assistance available. For further information or clarification of the guidelines please contact: Community Development Division 101 S Locust Street - Suite 500 Denton, Texas 940-349-7726 (Office) 940-383-2445 (Fax) (Located in the Wells Fargo Bank Building - Fifth Floor) 3 DESCRIPTION OF PROGRAM PROCEDURES I. ELIGIBILITY REQUIREMENTS: A. Applicant/(Owner) Requirements: Eligible property owner(s) [hereinafter referred to as Applicant] must: 1.) Be a citizen of the United States or a legal resident alien. 2.) Maintain primary residence within the city limits of Denton. 3.) Own rental housing unit(s) located within an eligible service area (see Section I.C of these guidelines). 4.) Hold fee simple title to the property. 5.) Have an annual gross household income at or below 200 percent of the current Dallas metropolitan area median income (AMI). See Table I.A below. 6.) Not have assets in excess of $600,000 (rental properties, personal property, cash on hand, stocks, bonds, etc.). 7.) Exhibit the financial ability to pay monthly property expenses including mortgage payments, taxes, insurance, utility bills, etc. 8.) Show proof of financial ability to fund the Applicant portion of the rehab project. 9.) Provide proof that all property taxes assessed by the various taxing agencies in Denton County are paid in full on all properties owned by Applicant. 10.) Obtain a statement of income on all tenants residing in occupied units to be assisted. Income data must be ve/7i7ed, i.e., by contacting the tenant's employer and/or obtaining a copy of the tenant's latest income tax return and/or obtaining copies of 1 month of paycheck stubs, etc. Annual income includes earnings (wages, pensions, etc.) spouse's earnings, interest from stocks, bonds, income from real estate, public assistance, etc. Also, include amounts of any monies regularly contributed to tenant(s) by any other adult member of the family, child support payments, SSI, etc. B. Tenant Requirements: The current and future tenants of a unit to be rehabilitated with funding from this program must be low or moderate income. Low/ Moderate income is defined as 80 percent and below of the current Dallas metropolitan area median income (AMI). See Table I.B below. Table LA - Applicant Income Limits (200% AMI) Table I.B - Tenant Income Limits (80% AMI) Household...Size Maximum.OWner..lncome 1 93,200 2 106,400 3 119,800 4 133,000 5 143,600 6 154,200 7 165,000 8 175,600 1 2 3 4 5 6 7 8 4 $37,250 $42,550 $47,900 $53,200 $57,450 $61,700 $65,950 $70,200 C. Service Areas include three target neighborhoods (see 1-3 below) plus rental units in the city limits outside the target neighborhoods that meet special criteria (see 4 and 5 below): 1.) A Tarqet Area in far north Denton. Boundaries are Hercules on the South, Loop 288 on the north, Stuart on the east and Locust on the West. 2.) A Tarqet Area bounded by Mingo Road on the north, McKinney on the south, Woodrow on the east and Frame on the west. 3.) A Tarqet Area bounded by McKinney on the north, Shady Oaks on the south, Woodrow on the east, Dallas Drive/Bell on the west. 4.) Any rental unit within the city limits of Denton a. when the unit is listed with the Denton Housing Authority Section 8 program and is currently housing income eligible renters; and b. Owner must sign agreement to continue listing the unit with Section 8 program for the 1 O-year lien period and give preference to renting unit to low/moderate-income families. 5.) Any rental unit in the city limits of Denton a. when the unit has been identified as having lead-based paint hazards by a certified lead inspector; and b. when the unit is available for rental, or currently rented to low income household(s); and c. the owner agrees to market assisted housing unit(s) to, and give preference to low/moderate-income households with young children under the age of six for ten years. II. APPLICATION PROCESSING: Any property owners wishing to apply for Rental Rehabilitation assistance must complete the application and all other required forms included in the proposal packet. All information on the completed applications will be verified by the Community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply. If it is determined the applicant is eligible for the program, a preliminary inspection will be made of the dwelling unit(s). The dwelling unit(s) must meet the following standards to be considered eligible for rehabilitation: D The unit(s) must be located within the recognized Service Area (see Section I.C). D The unit(s) must not be situated in the Designated Flood Plain Area. D Applicant may not occupy any assisted unit regardless of his or her income, with the exception of the circumstances set forth in Section VII-FF on page 13 of these Guidelines. D The unit(s) must be in an existing condition that would permit rehabilitation to bring the structure to meet current City of Denton building codes. D City-approved water supply, sanitary sewer and electrical system must service the unit(s). D The unit(s) must be two bedroom or larger. Preference will go to three bedroom and four bedroom units. 5 D Owner must agree to have a Lead Paint Risk Assessment completed on all units to be assisted that were built before 1978 (a "hold harmless" agreement must be signed by owner before City staff can conduct the Lead Risk Assessment). III PROJECT SELECTION Project selection will be based upon an analysis of the following factors: D Location of unit(s). D Number of bedrooms. D Acceptable credit rating and, as required, ability to obtain matching funds. D Number and extent of major health and safety violations to be corrected. D Tenant displacement (preference given to no displacement) D Economic feasibility D Amount of subsidy required D Owner's Equity in property D Potential impact on neighborhood D Track record of landlord in low income tenant placement D Management and maintenance capabilities D Quality of rehabilitation plan D Accessibility or adaptability of unit(s) for handicapped tenants D Commitment by landlord to and/or likelihood of low income tenant placement D Assisted unit(s) must be available for rental, or currently rented to low income household( s). IV. CONTRACTOR SELECTION, MONITORING AND DEBARMENT: A. Contractors participating in the Rental Rehabilitation Program will be selected by the eligible Applicant. The Applicant will be required to solicit at least two bids from contractors based on the preliminary work specifications completed by the CD inspector. The Applicant shall also be responsible for supplying all bidders with a Community Development Contractor's Packet that includes the contractor information sheet, performance manual, and general specifications for workmanship, all insurance and bonding requirements, a contractor's eligibility certification form and a copy of the preliminary work write up. Bid proposals and all other required forms from the contractors should be submitted to Community Development Division for review. B. Acceptable bid proposals must fall within a ten percent (10%) margin of the cost estimate developed by the community development inspector. THE CITY OF DENTON AND/OR THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. Any contractor whose name appears on the most current HUD Debarred Contractor's List will not be eligible to participate in this program. C. Once the contractor has been selected and approved, a contract agreement must be signed. Before the contractor can start work, the Applicant must issue a notice to proceed. D. The Applicant, the Community Development staff and the City of Denton building code inspectors will monitor the contractor's work. If the Applicant considers any work done by the 6 contractor to be unsatisfactory or incomplete, the property owner should advise the contractor of the discrepancy and ask that it be corrected. E. Acceptance of Work 1.) Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code inspector, the Community Development Inspector, and the property owner. If the final inspection results in no additional work or no specified corrections, the property owner shall sign the contractor's release form which states that all work has been completed to their (property owner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the property owner copies of all warranties and releases of liens from subcontractors and suppliers. The Community Development staff will not authorize payment to the contractor until these documents are properly completed and submitted to the property owner and copies provided to the Community Development Division. 2.) Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The owner is responsible for periodic review of the work. F. Contractor Debarment 1.) A contractor will be declared ineligible to participate in projects funded by the City of Denton's Housing Rehabilitation Program for one or more of the following causes: 2.) Failure to complete a project within the prescribed contract period. 3.) Failure to complete warranty repairs within a reasonable time period. 4.) Failure to use licensed plumbing and electrical subcontractors. 5.) Failure to obtain proper insurance, i. e., both liability and worker's compensation. 6.) Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 7.) Failure to pay all subcontractors working on the project appropriately and/or submit affidavits of payment signed by all subcontractors. 8.) Failure to obtain proper permits for work in progress. G. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in writing to the Community Development Division at least 15 days after the date of the notification letter. V. PAYMENT TO CONTRACTOR: A. The contractor shall receive payment for all completed contracts within 15 working days after final inspection and approval of all work. Ten percent (10%) of the total contract amount will be withheld for 30 days. At the end of this time, the property owner must approve release of contingency funds. B. An "All Bills Paid" affidavit or release of lien from all subcontractors and suppliers must be submitted for completed work before any payment can be processed. Rental rehabilitation partial payment minimum are as follows: projects over $40,000 at least 10 percent per draw, projects under $40,000 15 percent per draw. 7 VI. FINANCIAL ASSISTANCE OPTIONS: Four (4) levels of assistance are available based on owner income as follows: Owner income at or below 200 percent of the area median income can receive 25 percent of project cost (up to a maximum of $8,000) per unit as a deferred loan, forgiven after 10 years. Owner provides escrow funds to City at contract signing for remaining 75 percent of project costs from either personal source or outside lender; Owner income at or below 150 percent of the area median income can receive 50 percent of project cost (up to a maximum of $16,000) per unit, with the first 25 percent as a deferred loan, and another 25 percent as a payable loan (2 percent annual interest rate) amortized over a 1 O-year loan term. Owner would provide escrow funds to City at contracting signing for remaining 50 percent of project costs from either personal sources or outside lender; Owner incomes at or below 80 percent of the area median income can receive 50 percent (up to a maximum of $16,000) per unit as a deferred loan and another 25 percent (up to a maximum of $8,000) as a payable loan with a 2 percent interest rate amortized over a 1 O-year loan term. The final 25 percent of the project cost would come from owner's personal sources or outside lender. Owner incomes at or below 65 percent of the area median income can receive 50 percent (up to a maximum of $16,000) per unit as a deferred loan and another 50 percent (up to a maximum of $16,000) as a payable loan with a 2 percent interest rate amortized over a 1 O-year loan term. Owner will be required to sign lien contracts for a 1 O-year period. During lien period, owner must maintain property and affirmatively market the property to low- and moderate-income households. (One-bedroom units are not eligible for assistance.) Applicants are required to sign a contract. A lien will be placed on the property for the 1 O-year period. Applicants are required to maintain the property and affirmatively market the property to low and moderate-income households. * All project funding contributed by the Applicant will be placed in an escrow account with the City of Denton prior to contract execution. Owner funds will be distributed first. The owner must also comply with the terms of the note and mortgage that include the following: No conversion to condominiums or any type of cooperative ownership for the 1 O-year duration of the lien. No discrimination against tenants receiving Federal, State or local rental assistance for the 10-year duration of the lien. The project must be maintained according to adopted City of Denton building codes in effect during the year in which the rehabilitation took place. The owner must affirmatively market vacant units for the ten-year duration of the lien using the "fair housing logo" below. EQUAL HOUSING OPPORTUNITY The unit will be made available and leased to persons whose income is at or less than 80% of the area median income. If the Applicant violate any of these restrictions, the entire amount of the loan less 10% for each full year after completion of the rehabilitation of the units until the time of default, will be due and payable in full immediately after the owner is notified that the loan must be repaid. VII. PROGRAM GUIDELINES: A. Property owner agrees to comply with all HUD requirements to not discriminate upon the basis of race, ethnicity, religion, gender, disability status or family status in the sale, lease, rental, or use of occupancy of the subject property. B. Property owner agrees to not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant, to any contractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, orthe Department of Housing and Urban Development to receive an award of such contract. C. The tenant will continue to occupy the premises during the rehabilitation. Any tenant required to move temporarily or permanently as a result of the rehabilitation*, must be paid relocation/displacement costs as outlined in the City's Tenant Assistance Policy (Appendix IV to these Guidelines). *Any displacement oftenant(s) living in unit(s) at the time applicant decided to apply for funding who move because of their inability to pay increased rents, are considered displaced. Displacement costs are the responsibility of the property owner. D. Property owner agrees that existing house utility services will be made available to the contractor without charge as follows: electricity, gas, water and, when available, telephone (local calls only). E. Property owner agrees that the City shall be the agent for the owner and as such agent shall hold both the owner's private funds and all grant funds in escrow for the purpose of disbursement thereof to the contractor. F. Property owner agrees that it is his/her sole responsibility to see that the contractor completes the work specified in his contract to the owner's satisfaction and that the City of Denton has no responsibility for any defects, faulty work or incomplete work by the contractor. The owner further agrees that the City has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract. The owner further agrees that latent or hidden conditions in the property which were not included in the original inspection and work write-up of the City are not the responsibility of the contractor nor of the City, but remain the responsibility of the owner. G. As part of the consideration for providing the funds to rehabilitate property as described herein, the property owner agrees to maintain and keep the property in good repair after the completion of the work to be performed by contractor, taking into consideration the ability of the owner to do so. The property owner also agrees to maintain the property up to City of Denton Building Code standards that were in effect when the rehabilitation was completed. Owner agrees to do this during the term of the loan agreement and understands that if at anytime the property fails to meet these Code standards, the loan amount will become due immediately. 9 H. The owner shall issue a written Notice to Proceed within thirty (30) days from the date of acceptance of the contractor's bid and proposal. If the contractor does not receive the Notice to Proceed within this 3D-day period, the contractor has the option of withdrawing his/her bid and proposal. If the contractor chooses to do this, a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until receipt of written Notice to Proceed from the owner after which the contractor shall begin the work within ten (10) calendar days of the date of said Notice and shall complete said work within ninety (90) days or as agreed to in the Rehabilitation contract. I. The contractor shall not assign the contract without written consent of the owner and the City and/or its agent. J. The contractor shall not be responsible for any delays in the completion of work due to the following: 1.) Any acts of the government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense or any other national emergency. 2.) Any acts of the owner. 3.) Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the contractor; including but not limited to acts of God or of the public enemy; acts of another contractor in the performance of some other contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and weather of unusual severity such as hurricanes, tornadoes, etc. 4.) Any delay of the subcontractor occasioned by any of the causes specified in Subparagraphs (A) (B) and (C) above, provided that the contractor promptly (within 10 days) notifies the Owner in writing of the cause of the delay. If the facts show the delay to be properly excusable, the owner shall extend the contract time by a period commensurate with the period of excusable delay. K. The contractor shall not be held responsible for preexisting violations of law including but not restricted to zoning or building code regulations atthe property listed in the contract. Before beginning work, the contractor shall examine the work write-up for compliance with the applicable ordinance and codes for the new or replaced work and shall immediately report any discrepancy to the owner. Where the requirements of the work write-up fail to comply with such applicable ordinances or codes for the new or replaced work, the owner and the City will adjust the contract by change order to conform to such ordinances or code and make appropriate adjustment in the contract price unless waivers in writing covering the difference have been granted by the proper authority. L. The contractor shall comply with all non-discrimination clauses included in the contract; non-compliance may result in termination of the contract. M. Bids or proposals will be submitted at the bidder's risk and the City and/or the owner reserve the right to decline funding for projects not in compliance with the guidelines. N. Subcontractors shall be bound by the terms and conditions of the contract, insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to the owner for the completion of all work to be executed under this agreement and he shall not be released from this responsibility by any sub-contractual agreement he may make with others. O. When adjacent property is affected or endangered by any work done under this contract, it shall be the responsibility of the contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards. 10 P. Repairs shall be made to all surfaces damaged by the contractor resulting from his/her work under this contract at no additional cost to the owner. Where "repair of existing work" is called for by the contract, the feature shall be placed in "equal to new condition" either by patching or replacement. All damaged, loose or rotted parts shall be removed and replaced and the finished work shall match adjacent work in design and dimension. Q. After the final inspection and acceptance by the owner of all work under the contract including cleanup, the contractor shall submit to the owner for approval a requisition for payment. When the required warranties and other required documents have been submitted and the contractor has executed the release of liens, the final payment will be made. The payment will include any amounts remaining due under the contract as adjusted in accordance with approved change orders. Payments will be made within 15 days of formal requisition for payment. Partial payments will be made at discretion of the owner with the consent of the City. R. A Rehabilitation Loan may be made to cover the cost necessary to bring the dwelling into conformance with City of Denton Codes. The two categories of repairs listed below are to be included as priority items: 1.) Required Repairs: Code violations which create hazardous conditions in regard to safety or health will generally involve the basic heating, plumbing or electrical systems. 2.) Recommended Repairs: Code corrections or preventive maintenance efforts that should be undertaken to avoid more costly future action. 3.) Heating, plumbing and electrical improvements 4.) Weatherization 5.) Exterior work such as roofing, siding, painting, step and porch repair and retaining walls 6.) Interior work such as renovation and repair of existing kitchen and bath facilities. S. The Denton Central Appraisal District automatically reappraises any house where a building permit is issued. Participants in the Rehabilitation Program should be aware that the appraised value of their property might increase which consequently may cause their yearly property taxes to increase. The policy shall be thoroughly explained to any person applying for rehabilitation assistance. 1. Change orders may be made to cover an item of work that cannot be determined until sometime during the course of the rehabilitation work. Change orders will be considered as follows: 1.) Change orders are used to add work necessary to correct incipient items that have been found to be defective after work is in progress but were not anticipated at the time the contract was executed. 2.) The change order amount is limited to a maximum of 10 percent (10%) of the total contract amount. If it is necessary to request a change order to make required repairs and the contract is already at the maximum amount, a work item of less priority will be deleted from the bid proposal in order to compensate for the added amount (see "Note" below). 3.) Change orders will be used when it is necessary to delete work from a contract for any reason. When items are deleted from the contract, they shall be at their previously bid amount. When items are deleted, but do not have specific costs, in such cases the contract shall be reduced by negotiating the cost at prevailing rates. 4.) All change orders shall be executed by the property owner, contractor, and a Community Development official. 11 5.) Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the work or rehabilitation, provide any extra or additional work or supply additional labor, services or materials beyond that actually required forthe execution of the contract. 6.) All change order requests must be submitted by the contractor, signed by the homeowner and approved by Community Development Division. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless this is done. 7.) The approval of a change order shall constitute authorization by the property owner and Community Development to change the loan amount equal to the cost of the work added or deleted, unless all available funds have been utilized. If this is the case, the owner must absorb the total cost or delete non-code items in order to pay for the work described in the change order (see "Note" below). 8.) It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the contractor's control. NOTE: Owner is responsible for 100 percent of project expenditures that exceed this program's financial assistance maximum limits. Should change orders exceed program maximum limits and/or require additional owner match dollars, owner will be required to deposit sufficient personal funds into the project escrow account before work can continue. U If the work completed is not in accordance with the construction contract, Community Development shall advise the property owner of the non-compliance who then shall obtain appropriate action from the contractor. No payment shall be processed on a construction contract until a contractor has satisfactorily completed all necessary corrective action. V. The owner shall be able to select the color and style of certain materials (i.e. carpet, floor covering, paneling, paint, etc.). W. The contractor warrants that all materials, fixtures, and equipment furnished by the contractor and its subcontractors shall be new, of good title and that the work will be done in a neat and workmanlike manner. Neither the final payment nor any provision in the contract nor partial or entire use or occupancy of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The contractor shall promptly remedy any defect in the work and pay for any damage to other work resulting therefrom that may appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. X. Mobile homes are not eligible for rehabilitation. Y. Interest of certain federal and other officials: 1.) No member or Delegate to the Congress of the United States and no Resident Commissioner and no federal employee shall be admitted to any share or part of this contract or to any benefit to arise from same. 2.) No member of the governing body of the City and no other public official of or within the City or County who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant Program and no other employee of the Economic Development Department who exercises any such functions or responsibilities shall have any interest, direct or indirect, in rehabilitation proceeds which is incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the Housing Rehabilitation Program. The length oftime this exclusion shall be in effect is one (1) year following the ending of 12 term of office and shall be binding upon, but not limited to, all of the individuals and agencies herein described. Z.. The property owner agrees that for a period of ten years after the project is completed not to convert the rehabilitated units to condominium ownership. If the owner does convert rehabilitated units to condominium ownership, the entire loan amount shall be due immediately. AA. The property owner agrees not to discriminate against prospective tenants on the basis of their receipt of or eligibility for, housing assistance under any Federal, State or local housing assistance program; on the basis that the tenants have a minor child who will be residing with them; or on the basis that they are handicapped. BB. Applicant agrees to rent all assisted units to households whose total gross annual income is at or below 80 percent of the area median income found in Table I.B, page 7 of these guidelines (see "note" below). Applicant agrees to track tenant income and beneficiary data (See Appendix VII- Tenant Income and Beneficiary Tracking Form). This form is to be made available to the Community Development Division when requested. The Form is to be completed at the time assisted units are leased. (NOTE: Income Limits may change annually- usually on October 1st It is the Applicant's responsibility to request a copy of the most current income limits from the Community Development Division.) CC. The property owner agrees to maintain the rehabilitated property up to adopted City of Denton Building Code Standards in effect the year in which the rehabilitation was completed. This will be applicable for a period of at least ten years after the project is completed. DO. The property owner agrees to comply with applicable lead-based paint regulations. EE. The property owner agrees to comply with the City of Denton's Tenant Assistance Policy, including execution of all tenant notifications outlined in the policy. Copies of all tenant correspondence regarding this project must be submitted to the Community Development Division. FF. When the property to be rehabilitated is a tri- or four-plex, and the owner/applicant meets the income limits for tenants (see Table I.B on page 4 of these guidelines), the owner/applicant is eligible to occupy one of the assisted units. VIII. MINIMUM REHABILITATION STANDARDS: Roofs Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any roof with two or more layers of roofing must be stripped to the decking. If it is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall be repaired or replaced as needed. Where new decking is required the material shall be one-half inch plywood or one-half inch wafer board to be used with H clips between sheets. All roofs that are stripped shall be replaced with new felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, with at least 12 inches of lap, if installation of rolled roofing is not sufficient to promote proper run off roof will be rebuilt. Sidinq and Trim All exterior siding and trim shall be free of holes, cracks or rotted material that might admit moisture into walls. New siding may be applied only if the cost of new siding and installation is comparable to the repair and painting costs of the existing siding. Windows 13 All windows and hardware shall operate satisfactorily. Cracked or broken windows shall be replaced. Window glazing shall be weather tight and windows shall be weather stripped so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working locks. DrainaQe The grade of concrete or dirt should drain at least five feet away from foundation walls. Site Improvements All replaced concrete surfaces are to be level with the widths to match the existing surfaces. All steps that pose a threat to the occupants shall be repaired or, if necessary, replaced. Foundations and Piers Skirting shall be six (6) inches underground level. If it is necessary to install skirting, new 22 or 24 gauge skirting shall be used. Kitchens Kitchens shall have a specific area that contains a sink with hot and cold running water, counter workspace, and space for storage of cooking utensils. Stairs All stairs shall provide for the safety of ascent and descent. All treads and risers should show no evidence of breakage or have evidence of excessive wear. All stairs shall be equipped with handrails. Utility Areas Gas or oil fired water heaters or furnaces shall not be located in the bathrooms or bedrooms. In addition to all plumbing and electrical codes, water heaters and furnaces shall be enclosed with a sealed door and adequate upper and lower combustion air. All washer and dryer hookups must meet City Code. Structural System The wood, masonry or steel components shall be in serviceable condition for the expected useful life of the rehabilitated building. Structural members that are in seriously deteriorated condition shall be replaced. Sagging and unleveled floors shall be raised and stabilized as level as possible without causing interior damage. Termite inspection and treatment shall be done if evidence of active infestations exist. A certified pest control company will carry out the treatment and present documents of proof. Electrical System All replacement of existing wiring and equipment shall be done in conformance with the 2002 National Electric Code and the City of Denton Code. Any potential source of electrical hazard or ignition of combustible material shall be corrected. GFCI outlets shall be used in bathrooms, kitchen, garage, and exterior receptacles. Additional outlets shall be added to eliminate extension cords and, at the request of the City Inspector, to meet City Codes. PlumbinQ 14 The plumbing system shall operate free of fouling and clogging, and not have cross-connections which permit contamination of the water supply or back siphonage between fixtures. All sinks, lavatories, water closets, water heater, and other plumbing fixtures shall have accessible cutoff valves. All fixtures shall have P-traps, necessary vents and be properly connected to a public or private sewage disposal system. All sewer lines shall have accessible cleanouts. All water heaters shall be installed with double wall vent stack, a pop-off valve, and overflow to the exterior of the structure. Mechanical Equipment All gas fired heating units must be vented with double wall pipe and proper upper and lower combustion air. The unit shall not be installed in a living area such as bedrooms or under stairways. Rigid gas pipe must be used to supply heating units with a maximum of three (3) feet of flexible pipe from the stop to the appliance. All ductwork shall be properly sealed from the heat source to the register vent and from the return air supply to the heat source. A gas pipe pressure test is required. All leaks must be repaired. Insulation and Weatherization An "R-30" insulation value in the attic shall be required. Exterior Doors All exterior doors shall be solid core. All locks shall be capable of tightly securing the door and shall be readily operable from the inside without the use of keys. All exterior doors shall be weather stripped so that there is no significant entry of air or water into the structure. Porches and Decks All porches and decks shall be safe and capable of supporting anticipated loads. All porches and decks in deteriorated condition and which serve no useful purpose or which are not economically repairable shall be removed. Porches and decks 30 inches above grade shall have guardrails and flights of stairs with four or more risers. They shall have a handrail on at least one side. Gutters and Downspouts Gutters and downspouts should exist where they are deemed necessary to promote proper drainage. Gutters will not normally be installed if they do not already exist. Downspouts that cannot be connected to drain tiles shall have splash backs with proper site grading. Chimneys and Vents Furnace and water heater vents shall be double wall vent pipe. Existing unlined masonry chimneys having open mortar joints or cracks shall be removed or made safe by installation of a UL approved flue liner. Vent-a-hood stacks shall be vented through the roof. Interiors All floors, walls, and ceilings shall be maintained in good, clean, and sanitary condition. All peeling paint, cracked or loose plaster, and other defective surface conditions shall be eliminated. All doors shall be operational. 15 Carpet and vinyl that is badly worn, torn or too dirty to be cleaned shall be replaced. This shall be determined by the CD. Inspector. Existing carpet shall be cleaned with a commercial steam cleaner, if necessary. Bathrooms An operational water closet, tub or shower, and lavatory should be in the bathroom. Hot water should flow to the lavatory and tub or shower. Cold water should be supplied to all fixtures. Either a window or an exhaust fan must be present to properly vent the bathroom. Cabinets Built-in kitchen cabinets shall be repaired up to 50 percent of the cost of new cabinets. Bathroom cabinets are not required. ALL WORK MUST COMPLY WITH HUD TITLE X REGULATIONS REGARDING LEAD - BASED PAINT. BY APPLYING FOR CDBG FUNDS, OWNER/APPLICANT UNDERSTANDS THE CITY MUST COMPLETE A LEAD RISK ASSESSMENT TO DETERMINE THE SCOPE OF WORK AND COST ESTIMATE ON PROPERTIES BUILT BEFORE 1978. FOR PROPERTIES BUILT BEFORE 1978, OWNER / APPLICANT MUST EXECUTE AN ACKNOWLEDGEMENT AND RELEASE OF LIABILITY FOR LEAD PAINT TES77NG OF PROPERTY 16 APPENDICES APPENDIX I - FAIR MARKET RENTS (FMRS) APPENDIX 11- RENTAL REHABILITATION PROCEDURES APPENDIX III - APPLICATION FOR THE CITY OF DENTON APPENDIX IV - TENANT ASSISTANCE POLICY APPENDIX V - TENANT PRE NOTIFICATION SAMPLE LETTER Appendix VI- Rental Rehabilitation TARGET AREA MAP APPENDIX VII- TENANT BENEFICIARY TRACKING FORM 17 APPENDIX I FMR's tJ) 2: a a N 0::: ..-- C "<t ..-- W Eft l::/l 'Ot tJ) 2: a a r-- 0::: "<t C ..-- ..-- W Eft l::/l M C/) ~ l'l:l tJ) >< 2: G> 2: I- a !:!::. C/)~ a ~ 0::: OJ .!!! c CD OJ z ni w Eft W C l::/l 0::: i< N I- lo.. W 0 ~ - 0::: "C 2: <C ~ a 2: e a 0::: 0::: c:0 Q. C ..-- ~ r-- Q. W Eft I <J: l::/l - ni .... >< 15 !: Z i.i: w It) 2: c.. 0 c.. 0 a <C N a >- 0::: c:0 LL C c:0 CD W Eft l::/l 0 w 2: en ell <C X z Q) ~ l- e <C en- ::l W .!ll 0 0 0::: ro e <C 0 .8 e Q) 0 N en Q) ~ -a 0 ::l C) N U <C OJ e C :;: :;< (f) W 2: I- en Page 18 ~ ell x Q) tJ) I- APPENDIX 11- RENTAL REHABILlTAllON PROCEDURES The following list of procedures is designed to insure that property owners understand their responsibilities under the Rental Rehabilitation Program. Please call the Community Development Division at (940) 349-7726 if you have any questions regarding these procedures. 1.) Return completed application. Include a copy of property deed, current mortgage information, if applicable, tax payment receipts from all property-taxing entities, proof of insurance coverage on the property and documentation of all owner(s) income and assets*. 2.) A set of work specifications must be drawn up by the owner and approved by the Community Development Division. If requested, CD staff can provide assistance with project bid documents and the bidding process. 3.) The owner of the proposed property will bear the responsibility of contacting at least two general contractors, who will submit bid proposals. These proposals must remain within a margin often percent of the estimate determined by the Community Development Division. 4.) Upon project approval, a title search must be submitted. 5.) Certification that all tenants have received timely written notice that they will not be displaced by the project must be submitted within two weeks of application submission. A copy of the City of Denton's Tenant Assistance Policy must accompany the notice to the tenant. 6.) Requests for all interim and final payments should include an itemized list of completed work and its cost and two "Requests for Payment" signed by both the property owner and the contractor. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FILE ALL NECESSARY PAPERWORK WITH COMMUNITY DEVELOPMENT DIVISION 7.) A final inspection must be completed by Community Development Division. 8.) Final payment is contingent on receipt of the following by Community Development: a) signed affidavits from all subcontractors stating that they have received full payment b) affidavit from general contractor and signature on lien assignment c) two executed requests for payment *Documentation of income sources may include but is not limited to the following: APPENDIX II PAGE 19 D Current year's income tax Return with W-2's for each household member who has filed tax returns. (If self employed, provide most current three year's complete tax returns. D Most current Social Security income statement if applicable. D Paycheck stubs for last four weeks for each employed household member. D Names and addresses of all retirement income or any other income sources (ALL INCOME SOURCES AND ASSETS MUST BE DISCLOSED--RETIREMENT, RENTAUHAP INCOME, TANF (Shelter/utilities), PROPERTIES OWNED, ETC.) D Divorce decree if you receive child/other support from a divorce Q!: if you were awarded property through a divorce. D Name, address, account number(s) of all banks, credit unions, savings banks, IRA accounts, etc. for ~ household members who have any such accounts and two most current month's of bank account(s) statements (complete). D If project includes lead-based paint hazard reduction work, complete application and agreement forms for Denton ALERT Program. APPENDIX II PAGE 20 APPENDIX III-APPLICATION FOR THE CITY OF DENTON RENTAL HOUSING REHABILITATION PROGRAM OWNER PROPOSAL FORM CONTACT AGENCY: COMMUNITY DEVELOPMENT DIVISION 101 S. LOCUST ST., SUITE 500 DENTON, TX 76201 TELEPHONE NO. (940) 349-7726 INSTRUCTIONS: PLEASE COMPLETE ALL SECTIONS OF THIS OWNER PROPOSAL FORM. IF YOU NEED ASSISTANCE IN COMPLETING THE FORM, CONTACT THE AGENCY LISTED ABOVE. SECTION I: OWNERSHIP DATA A. COMPLETE THE INFORMATION BELOW FOR ALL OWNERS OF THE PROPOSED PROPERTY. NAME STREET CITY STATE ~AC) ADDRESS ZIP hone # B. TYPE OF OWNERSHIP (check one): D (a) Sole Owner D (b) Partnership D (d) Limited Partnership D (c) Corporation D (e) Other: C. PROPERTY ADDRESS: No. Street Unit No(s). City D.BUILDING DESCRIPTION D Single Family D Duplex D Tn-Plex D Four-Plex APPENDIX III PAGE 21 E. BUILDING STRUCTURE D Frame D Brick D Masomy D Other: F. FOR EACH UNIT IN THE PROJECT PLEASE PROVIDE THE INFORMATION REQUESTED IN THE FOLLOWING TABLES. The following information must be provided on all existing tenants. Applications will not be processed until all tenant information is received. '~N"me Current Apt. No. of Over Minor - Ethnic *FEM Handi- Sect. Income Rent No. Occupants 65 ity Code Code HHH Capped 8 NOTE: for the table above, use the following codes: **MINORITY CODES: 1 = White 2 = Black / African American 3 = Black / African American & White 4 = Asian 6 = American Indian / Alaska Native 7 = American Indian / Alaska Native & White 8 = American Indian / Alaska Native & Black / African American 9 = Native Hawaiian / Other Pacific Islander 5 = Asian & White 10 = Other Multi Racial **ETHNICITY CODES: 11 = Hispanic 12 = Non-Hispanic (Lis t) * Please note a female head-of-household is a single female with dependent children. Section 8 recipient Codes: C - Certificate V - Voucher N - None SECTION II: PROPERTY DATA A. NOTE: PROVIDE INFORMATION FOR ALL UNITS UNIT NUMBER NUMBER OF BEDROOMS, EXISTING NUMBER OF BEDROOMS, AFTER REHABILITATION CURRENT RENT PROJECTED RENT AFTER REHABILITATION UNIT OCCUPIED (0) OR VACANT B. ORIGINAL MORTGAGE Orig. Amount Mortgagee Balance APPENDIX III PAGE 22 C. OTHERLIENS AmOlmts Lien Holder Total Due D. ORIGINAL PURCHASE PRICE $ E. DATE OF PURCHASE F. ESTIMATED MARKET VALUE OF PROPERTY (Attach recent appraisal) $ G. DOLLAR AMOUNT OF RECENT CAPITAL IMPROVEMENTS $ DESCRIBE IMPROVEMENTS BELOW: H. AMOUNT OF INSURANCE COVERAGE $ 1. NAME OF INSURANCE COMPANY (Attach copy of policy) J. AMOUNT OF RENTAL REHABILITATION FUNDS REQUESTED FROM CITY $ K. FINANCING OF OTHER REHABILITATION COSTS NOT COVERED BY THE RENTAL REHABILITATION PROGRAM 1. AMOUNT OF ESTIMATED OWNER COSTS FOR REHABILITATION TO BE PAID FROM OWNER'S FUNDS (EQUITY): $ 2. AMOUNT TO BE BORROWED FROM PRIVATE LENDING INSTITUTION: $ NAME OF LENDING INSTITUTION: 3. ANTICIPATED INTEREST RATE AND LOAN PERIOD: % for years APPENDIX III PAGE 23 SECTION III: PROPERTY OWNER INCOME DATA Note: Owner income eligibility is based on huusehuld incume which includes the income of all working members of the household. If the property is owned by a partnership or corporation, uh'partners and/or principals must be income eligible. Please list all income amounts below and provide documentation of each income source. (To be completed by all households with ownership in the property.) .... .",. ",... .. UIWIIlt: ~Yl't: #1 TT.... u.... . ., Salary Overtime pay F ees/ti ps Commissions/bonuses Interest and/or dividends Net income from business Net rental income Social Security, pensions retirement Unemployment benefits, workers compensation, etc. Alimony, child support Welfare pymts, TANF (Shelter/utilities), etc. Checking accOlmts Savings/CD accOlmts Stocks, bond, etc. Rental property income Value of private residence Life Insurance Other APPENDIX III PAGE 24 SECTION IV: CERTIFICATION THE OWNER/CO-OWNER CERTIFIES: (1) THAT HE/SHE HAS READ THE RENTAL REHABILITATION PROGRAM GUIDELINES AND UNDERSTANDS THE PROCEDURES AND REGULATIONS DESCRIBED THEREIN; (2) THAT HE/SHE AGREES TO ABIDE BY THOSE PROCEDURES, REGULATIONS, AND CONDITIONS; AND (3) THAT THE INFORMATION CONTAINED IN THIS APPLICATION AND PROPOSAL IS TRUE, CORRECT, AND COMPLETE. THE APPLICANT AGREES NOT TO DISCRIMINATE UPON THE BASIS OF RACE, AGE, GENDER, DISABILITY, FAMILY STATUS, CREED OR NATIONAL ORIGIN IN THE SALE, LEASE, RENTAL, USE, OR OCCUPANCY OF THE REAL PROPERTY REHABILITATED WITH ASSISTANCE FROM THE RENTAL REHABILITATION PROGRAM. VERIFICATION OF ANY OF THE INFORMATION CONTAINED IN THIS APPLICATION MAY BE OBTAINED FROM ANY SOURCE NAMED HEREIN. THE APPLICANT CERTIFIES THAT HE/SHE HAS NOT REQUIRED ANY TENANT TO MOVE WITHOUT CAUSE, SUCH AS VIOLATION OF THE LEASE OR LOCAL LAW DURING THE 12 MONTHS PREVIOUS TO THE DATE OF THIS APPLICATION. I/WE CERTIFY THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND CORRECT AS THE DATE SET FORTH OPPOSITE MY/OUR SIGNATURE(S) ON THIS APPLICATION AND ACKNOWLEDGE MY/OUR UNDERSTANDING THAT ANY INTENTIONAL OR NEGLIGENT MISREPRESENTATION(S) OF THE INFORMATION CONTAINED IN THIS APPLICATION MAY RESULT IN CIVIL LIABILITY AND/OR CRIMINAL PENALTIES INCLUDING, BlIT NOT LIMITED TO, FINE OR IMPRISONMENT OR BOTH UNDER THE PROVISION OF TITLE 18, UNITED STATES CODE, SECTION 1001, ET SEQ. AND LIABILIlY FOR MONETARY DAMAGES TO THE LENDER, ITS AGENTS, SUCCESSORS, AND ASSIGNS, INSURERS AND ANY OTHER PERSON WHO MAY SUFFER ANY LOSS DUE TO RELIANCE UPON ANY MISREPRESENTATION WHICH I/WE HAVE MADE ON THIS APPLICATION. I/WE UNDERSTAND THAT ANY WILLFUL MISSTATEMENT OF MATERIAL FACTS WILL BE GROUNDS FOR DISQUALIFICATION. Owner's Signature Social Security Number Date Co-Owner's Signature Social Security Number Date ITEMS TO INCLUDE WITH THIS APPLICATION: 1. A COPY OF THE DEED. 2. PICTURE(S) OF THE BUILDING AND, IF A V AILABLE, PICTURES OF THE INSIDE OF THE UNIT(S). 3. PROOF THAT PROPERTY TAXES AND ALL UTILITIES ARE PAID IN FULL. INCLUDE A RECENT TAX STATEMENT SHOWING PROPERTY VALUE. 4. DOCUMENTATION OF OPERATING EXPENSES, TAXES AND INSURANCE. 5. SIGNED LETTER FROM ALL EXISTING TENANTS STATING THEY HAVE RECEIVED A COPY OF THE TENANT ASSISTANCE POLICY AND UNDERSTAND THEIR RIGHTS ACCORDING TO THE POLICY. A COPY OF THE POLICY AND A SAMPLE LETTER ARE ATTACHED. 6. INCOME DOCUMENTATION and COMPLETED AND SIGNED INCOME VERIFICATION FORMS. APPENDIX III PAGE 25 Community Deve/opmem Division APPENDIX IV - TENANT ASSISTANCE POLICY Rental Rehabilitation Program Introduction The regulations for the Rental Rehabilitation Program (24 CFR 511.1 O(h) require grantees to adopt a written Tenant Assistance Policy. The purpose of the Tenant Assistance Policy is for the grantee to articulate how it will assist tenants currently living in or moving into projects rehabilitated under its Rental Rehabilitation Program. City of Denton residents have been made aware that the policy exists and that the policy is available to tenants in projects selected for rehabilitation. I. Definition of Displacement The term "displaced person" means any person that moves from real property, or moves personal property from real property, permanently and involuntary as direct result of rehabilitation, demolition or acquisition for a Rental Rehabilitation Program project. Permanent, involuntary moves for a Rental Rehabilitation Program project include: A. A permanent move from the real property following notice by the property owner to move permanently from the property, if the move occurs on or after the date that the owner submits a request for Rental Rehabilitation Program assistance that is later approved and funded. B. A permanent move from the real property that occurs before the submission of the request for assistance to the City, if either the City or HUD determines that the displacement resulted directly from rehabilitation, acquisition, or demolition for the project. C. A permanent move from the real property by a tenant-occupant of a dwelling unit that occurs after the execution of the agreement between the owner and the tenant if; 1. The tenant has not been provided a reasonable opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/complex following the completion of the project at a rent, including average utility costs that does not exceed the greater of: The tenant's rent and estimated average utility costs before the execution of the agreement between the City and the owner or the total tenant payment as determined under 24 CFR 813.107, if the tenant is lower income, or 30% of gross household income if the tenant is not lower income, or; 2. The tenant has been required to relocate temporarily but: The tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with a temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increased rent and utility costs, or other conditions of APPENDIX IV Page 26 the temporary relocation are not reasonable, and the tenant does not return to the building/complex or; 3. The tenant is required to move to another unit within the building/complex but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move or other conditions of the move are not reasonable. A person does not qualify as a displaced person, however, if the person has been evicted for cause based upon a serious or repeated violation of material terms of the lease or occupancy agreement and the City determines if the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance or the person moved into the property after the owner's submission of the request for assistance but, before commencing occupancy, received written notice of the owner's intent to terminate the person's occupancy for the project or the person is an owner-occupant who moves as a result of the rehabilitation of the real property or the person is ineligible under 49 CFR 24.2(g)(2) or the City determines that the person was not displaced as a direct result of the acquisition, rehabilitation or demolition for the project and the HUD office concurs in that determination. II. Relocation Assistance Relocation assistance is available to tenants from two sources: A. Rental rehabilitation funding as provided in CFR 511.1 O(g) (iv). B. Section 8 assistance provided by the Denton Housing Authority. Permanent Relocation Assistance Moving expenses will be provided to a family or individual displaced from any dwelling. They may, at their discretion, choose either a payment related to actual moving expenses or the fixed moving expense and dislocation allowance indicated in the federal register by the Department of Transportation. Replacement housing assistance can be taken in one of two ways: Tenants will be screened to determine if the family is eligible to receive a housing voucher/certificate. When available, housing vouchers/certificates will be offered to families who are permanently displaced. In the absence of vouchers/certificates or when a tenant is found to be ineligible (if for reasons other than not being low income), the Public Housing Authority will provide at least one referral to an available decent, safe, and sanitary unit. Tenants eligible for a replacement housing payment may also elect to obtain a cash payment which will allow them to rent a comparable replacement dwelling for a 42-month period or purchase a replacement dwelling. Tenants eliqible for a replacement housinq payment include: 1. Those displaced from a dwelling occupied at least 90 days prior to the execution of an agreement between owner and the City and, 2. Those displaced from a dwelling that they did not occupy for at least 90 days immediately before the execution of the agreement between the owner and the grantee/recipient. Generally, replacement housing payments will be the monthly rent and average utility costs at the displacement dwelling or 30% of the tenants average monthly gross income. If a gap exists between the new cost of housing with Section 8 assistance and the old costs, replacement housing payments will be made to cover the gap. Temporary Relocation Assistance APPENDIX IV PAGE 27 All tenants temporarily relocated from their residence will be reimbursed for all out-of-pocket expenses incurred in connection with the move. III. Provisions of Assistance Tenant Assistance will be provided from three sources: A. The property owner - The property owner will be charged with informing his/her tenants of their rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). The property owner will provide the Community Development Division with evidence of communication to tenants concerning these matters. B. Community Development Division - The Community Development staff will be responsible for counseling tenants regarding the appropriateness of replacement housing payments. Community Development staff will also be responsible for complaint resolution and referral of tenants to the DHA for additional assistance. C. The Denton Housing Authority - The DHA will perform the following tests related to tenant assistance: 1) certifying eligibility of tenants, 2) issuing vouchers/certificates, 3) notifying and counseling tenants of their rights and rules of participation, and 4) identifying suitable replacement dwellings. IV. Denton Housing Authority Policies The DHA provides counseling and application assistance at their office located at 1225 Wilson St. Applicants including all income verifications must be submitted to the office prior to any consideration for Section 8 or other public housing assistance. Each applicant found to be eligible is placed on DHA's waiting list. Any applicants found to be eligible under one of the federally mandated preference categories will be moved to the appropriate position on the waiting list. Section 7 of the City's Memorandum of Understandinq with DHA states that "DHA recognizes that some tenants residing in units rehabilitated with rental rehabilitation funds may qualify for preferential treatment under federal guidelines." Those households whose rent burden is 50% or more of household income will be entitled to move forward on the DHA's waiting list along with others who fall into the rent burdened category. V. Equal Housing Opportunity and Non-Discrimination The Community Development Division and the Denton Housing Authority are charged with upholding individual rights under the Federal Fair Housing law. The Community Development Division administers the City's Fair Housing Ordinance. Ordinance No. 81-33 declares "The policy of the City against discrimination in housing." The City and DHA agree not to discriminate in providing information, counseling, referrals or other relocation services to persons displaced by rental rehabilitation activities. The City and DHA also commit that the practices and methods using and administering this program will not result in this displacement of persons because of their particular race, color, religion, sex, handicap, family status or national origin. For further information, please call the Community Development Division at 940-349-7726. The Community Development Division is located in the Texas Building at 101 S. Locust St., Suite 500, Denton, TX 76201. APPENDIX IV PAGE 28 APPENDIX V - TENANT PRE NOTIFICATION SAMPLE LETTER Dear Tenant: This letter is to let you know that the rental unit where you live is being considered for rehabilitation through the U.S. Department of Housing and Urban Development Rental Rehabilitation Program under the City or Denton's Rental Rehabilitation Program. PLEASE DO NOT MOVE! This renovation project is being considered in order to provide you with a safer, more comfortable and attractive place to live. If you move without receiving a notice to vacate from the owner, you may not be eligible for relocation assistance. We do not foresee you or any other resident will be displaced by the rehabilitation. However, if for some unforeseen reason displacement should become necessary, relocation assistance will be provided for you. This assistance is described in the attached Tenant Assistance Policy, which contains many important facts regarding the rental assistance available to you. If you need more information or need further explanation, please contact (OWNER) at (TELEPHONE NUMBER), or Alma Espino with the City of Denton at 940-349-7756. Thank you for your cooperation. Please keep in mind this project is simply under consideration at this time so PLEASE DO NOT MAKE ANY PLANS TO MOVE. Should we decide at a later date to proceed with the project, you will be notified. I hereby certify that I have received this notice and a copy of the Tenant Assistance Policy. Name: Address: City/State/Zip: Signature Date Appendix V Page 29 Appendix VI- Rental Rehabili1ation TARGET AREA MAP ~: .~---~ Page 30 APPENDIX VII- TENANT BENEFICIARY TRACKING FORM iii, . " ft ~ ". " ,\.. ..[ ....... [I.......].......... ~I.... ......................I]m ........... ....... on Page 31 AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Economic Development CM: Michael A. Conduff, 349-8306~ SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. BACKGROUND This ordinance approves guidelines and eligibility criteria for the 2005 Home Improvement Program. Passage of this ordinance authorizes project payments that exceed $25,000 when project meets program eligibility criteria and guidelines. City Council awarded CDBG and HOME grant funds for the 2005-'06 program year as part of the City of Denton 2005 Action Plan for Housing and Community Development. Additional funding sources include program income, Denton County Housing Finance Corporation grant, Federal Home Loan Bank grant and owner-provided personal funds. All rehabilitation, reconstruction and new construction projects are competitively or reasonably bid and owners select contractors from eligible or reasonable bids received. Summary of guideline changes: No significant changes are being proposed. ESTIMA TED SCHEDULE OF PROJECT The program guidelines will be in effect for owner-occupied rehabilitation, reconstruction and new construction projects completed from October 1,2005 through September 30,2006. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) City Council approved funding for the Home Improvement Program activity in the City of Denton 2005 Action Planfor Housing and Community Development. FISCAL INFORMATION Housing staff salaries related to program delivery will be paid with CDBG and HOME funds. No general fund dollars are included to administer this program. EXHIBITS 1. Proposed Ordinance 2. 2005 Home Improvement Program Guidelines 1 Prepared by: ~~ Alma Espino Program Specialist Respectfully submitted: Linda B. Ratliff Director, Economic Department 2 S;\Qw- Docum.enu\OrdirnmcC$\05\lbne Improvement Program Orddoc ORDINANCE NO. ~/ J.,';" :-.'f;,l "," AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, f APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton participates in a Home hnprovement Program administered by the City of Denton Community Development Division and funded through a federal grant from the Department of Housing and Urban Development; and WHEREAS. The City Council deems it to be in the public interest to approve the Program Eligibility Criteria for the 2005 Program year; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: .~.: SECTION 1. The City Council approves the 2005 Home hnprovement Program Guidelines and Home hnprovement Program Eligibility Criteria which are attached hereto and made a part of this ordinance for all purposes as Exhibit "A" and authorizes the City of Denton Community Development Division to administer this program. SECTION 2. The City Council authorizes the expenditure of funds in excess of $25,000 the Community Development Division for projects meeting Program Guidelines and Criteria, subject to compliance with competitive bidding Jaws, where applicable. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. ';'1 PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: S:\Our ~mcnts.'\(lrdinaoces\OS.\Home Improvement Progr-.un Ord.OOc APPROVED AS TO LEGAL FORM: EDWINM. SNYDER, CITY ATTORNEY BY: Page 2 of2 Exhibit A 2005 Home Improvement Program Guidelines . ,\"/ .....~ &SCCCD I ~? (!) ~~~~~ Available in Spanish I Disponible en Espanol Effective Date: 1010112005 (!) eQUAL HOI.l5'N~ OPPORTUNITY 1 Applicant(s) Is Subject To All Guideline Changes Up To The TiDle Contracts Are Signed And Project Begins , 2 TABLE OF CONTENTS INTRODUCTION .................................................................................................................................................................4 Home Improvement Program............................................... .,................................................................................................. 5 Description of General Program Procedures.......................................................................................................................... 5 I. PURPOSE................................................................................................................................................ ................5 IT. DESIGNATED AUTHORITY...............................:................................................................................................. 5 m. ELIGIBll..ITY REQUIREMENTS: ............. ................ ............................................................................................. 5 A. Applicant(s) / Household Eligibility Requirements: ........................................................................................ 5 B. Property Eligibility Requirements.................................................................................................................... 6 N . APPLICATION PROCESSlNG ............................................................................................................................... 7 V. SELECTION OF RECIPIENTS FOR ASSISTANCE ............................................................................................. 7 VI. W ANERS AND APPEALS PROVISION ............:.................................................................................................8 VIT. FlNANCIAL ASSISTANCE.................................................................................................................................... 8 VITI. CONTRACT REQUIR.EMENTS ........................... ................................................................................................... 8 IX. PROJECT FEASIBll..ITY CRITERIA............................................................. ........................................................9 X. PROJECT COST LTh1ITS ...................................................................................................................................... 10 XI. ALLOWABLE EXPENSES................................................................................................................................... 10 xn. PROGRAM ACTNITY OPTIONS....................... ................................................................................................. 10 A. Owner-Occupied Rehabilitation..................................................................................................................... 11 B. Optional Reconstruction....................................................... ........................................................................ 11 C. New Construction Assistance........................;............................................................................................... 11 XIll. CONTRACTOR SELECTION AND PROJECT MONITORING......................................................................... 11 XIV . PAYMENTS TO CONTRACTOR ........................................................................................................................12 X:V. CONTRACTOR DEBARMENT........................................................................................................................... 13 APPENDICES..................................................................... .................................. n............................................................. 14 APPENDIX 1 Qualifying Income Limits for Federally Assisted Programs......................................................................... 15 Moderate......................................................................................................................................................... ........ 15 Low .................................................................................................................................................................... ... 15 Very-Low.................................................................:..................................................................................... ......... 15 Extremely-Low.................................................................................................................... ................................... 15 2004 Maximum Home Per-Unit Subsidy Limits for Denton ..............................................................................~...15 95 Percent ofthe 2005 Single Family Mortgage Limit for Denton = $162,360......................................................15 APPENDIX 2 Targeted Neighborhoods Map...................................................................................................................... 16 APPENDIX 3 Optional Reconstruction Assistance Application & .....................................................................................17 Temporary Relocation Questionnaire.................................................................................................................................. 17 APPENDIX 4 Optional Reconstruction Rehousing Agreement .........................................................................................18 APPENDIX 5 New Construction Assistance Application And Questionnaire ................................................................... 19 APPENDIX 6 New Construction Housing Agreement....................................................................................................... 20 APPENDIX 7 Space & Amenity Allowances For Reconstruction & New Construction Activities ...................................21 3 INTRODUCTION The City of Denton Home Improvement Program's objective is to assist low and moderate-income families with securing safe, sanitary and decent housing. This objective is accomplished through owner-occupied rehabilitation, optional reconstruction or new construction activities. Rehabilitation of an owner-occupied dwelling corrects code violations and makes needed repairs when a dwelling is feasible for rehabilitation. When a dwelling is not feasible for rehabilitation, the applicant may be eligible for a replacement single-family dwelling. New construction provides affordable homeownership opportunities to eligible low-income renters or displaced households who own eligible land. Both optional reconstruction, and new construction activities provide funds to demolish dilapidated dwellings and construct new modest, energy efficient and safe single- family dwellings on owners' 10ts. The Home Improvement Program is administered by the City of Denton Community Development Division and is funded by federal grant dollars from the United States Department of Housing and Urban Development (HOD), participating owner funds, program income and other grant and private dollars. when available. The following pages contain a detailed description ofthe Home Improvement Program including program and project guidelines. policies and procedures and application and project bidding eligibility criteria. The purpose of the guidelines is to explain to potential applicants and the citizens of Denton, the Home Improvement Program and the levels of assistance available. For further information or clarification of the guidelines, please contact the: Community Development Division 101 S. Locust Street, Suite 500 Denton, Texas 76201 (940) 349-7726 (Located on the Denton Square in the Wells Fargo Bank Building - Fifth Floor) 4 Home Improvement Program Description of General Program Procedures I. PURPOSE A. The City of Denton Home hnprovement Program provides technical and financial assistance for eligible low and moderate-income households to complete rehabilitation, reconstruction or new construction activities to provide, as their principal residence, modest, decent, safe and sanitary single-family dwellings. B. Assistance shall be subject to the availability of grant funds, program loan income and HOD implementing regulations. Administrative procedures will be modified to meet any change in rules and regulations ofHUD that may occur over time. II. DESIGNATED AUTHORITY A. Administrative authority for implementation of the program will rest with the City of Denton Community Development Division. Community Development staff approves rehousinglhousing agreements, contractual and budget changes, as needed for project completion. B. The Community Development Administrator will have the responsibility for final determination of the amount of assistance to be made available to individual applicants, in accordance with the implementing procedures. C. The Community Development Administrator will be responsible for approval of applicant eligibility for the program and final approval of selection of applicants to be assisted. ID. ELIGmILITY REQUIREMENTS: Eligibility requirements must be met for both the applicant's household and the property. Eligibility for assistance is completed in two phases as described in sections A. and B. below. A. Applicant(s) / Household Eligibility Requirements: 1. Must be a United States citizen or a legal resident alien. 2. Must have owned and occupied the dwelling for not less than three consecutive years. (The period of time an applicant has lived in a property under a lease for purchase or contract for deed form of purchase may be taken into consideration in calculating the three consecutive years.) New construction applicants must have owned property for not less than three.consecutive years. 3. Must hold a Fee Simple Title to the property. City staff will verify ownership through a general title search. a. If applicant is purchasing their home by a "contract for deed" (or a like contract), where applicant does not gain title to the property deed until all contractual obligations have been met, applicant is not eligible for assistance. The seller must provide the purchaser with a filed warranty deed on the property to satisfy this eligibility requirement. b. If applicant(s) inherited the property, the legal documents establishing applicant(s) has fee simple title to the property must be on file in the Denton County Clerk's Office. Applicant must provide proof of financial responsibility for the property (i.e. tax payments, and/or utility payments, fee simple title, executed, filed affidavit of heirship, etc.), and, except for new construction assistance, proof of residency, both, for not less than the most recent, three consecutive years. 4. Must meet program's income limits. a. Gross annual total household income is at or below the following, adjusted for family size. Current maximum income limit by household size is: 5 Number of People Livina in Household 1 2 3 4 5 6 7 8 Rehabilitation I Reconstruction 80% of the AMI Maximum Income Limit $37,250 $42,550 $47,900 $53,200 $57,450 $61,700 $65,950 $70,200 New Construction: 65% ofthe AMI Maximum Income Limit $30,250 $34,600 $38,900 $43,250 $46.700 $50,150 $53,600 $57,050 b. Must not have assets (total combined for all household members) in excess of $1 00,000. New construction: Must not own standard renter or owner-occupied property. NOTE 1: The appraised value of the applicant's property is excluded in total assets calculation. NOTE 2: Annual income and asset income are calculated using HUD's most current Section 8 Income guidelines and rules as established in the Teclmical Guide for Detennining Income. 5. Must be in good credit standing with and exhibit the fmancial ability to pay creditors, including the following basic housing expenses: a. Home Mortgage Payment, including the loan with the City of Denton for Home hnprovement assistance. b. Loan and revolving credit payment(s). c. Property Taxes (City, County, DISD) for all owned properties. d. Homeowner's Insurance Policy premiums e. Utilities: electrical/water/sewage/solid waste and gas 6. Applicants denied assistance due to poor credit history may be reconsidered for the program upon verifiable completion of six (6) consecutive months of successful debt management with Consumer Credit Counseling of North Texas or other debt management companies with written approval. Note: Debt management will be recertified prior to signing contracts. 7. Must demonstrate that income exceeds projected housing expenses and the ability to maintain the dwelling. 8. Homeowner may be required to provide owner contribution toward project cost (see Section VIlA.). 9. Pre-existing mortgage note balance cannot exceed 80 percent of the property's appraised value for rehabilitation and 70 percent of the property's appraised value for reconstruction. ~ 10. New construction activity required property to be 100% owned with no prior liens. NOTE: The City of Denton reserves the right to request an independent market analysis. B. Property Eligibility Requirements 1. Must be zoned to allow for single-family construction and be situated in a Targeted Neighborhood within the city limits of Denton (Refer to Targeted Neighborhoods Map - Appendix 2). 2. Must exhibit building code deficiencies that make the dwelling unsafe or unsanitary. New construction is exempt from this requirement. 3. May not have existing property code violat~ons (such as high weeds, trash, debris, junk vehicles, etc). Any liens placed on a property for correcting any past or present code violations must be paid in full by the time application processing occurs. Any items cited as a code violation must be removed or corrected from the property before assistance is rendered. 4. Must be serviced or be accessible to a City-approved water supply, sanitary sewer and electrical system. 5. Must meet all ofthe City of Denton' s Land Development Codes. 6. Must comply with and meet all environmental regulations; i.e., historical, floodplain, noise, lead, etc. 7. May not exceed Community Development Division Replacement Housing Space Allowances Policy for new construction and reconstruction. Projects that would exceed the set standards due to property deed restrictions or neighborhood minimum requirements are not eligible for assistance. 6 IV. v. 8. Must be covered by an approved homeowner's insurance policy. NOTE: If an applicant's property is not currently insurable because of its present condition or the property has no structures, the applicant must sign a HOMEOWNER AFFIDAVIT OF UNDERSTANDING AGREEMENT FOR HOMEOWNER'S INSURANCE to satisfy this eligibility requirement. Proof of homeo'hllers insurance must be provided at completion of a rehab, reconstruct or new construction. 9. A property that has been previously assisted with Federal or State grant funds after March 1996 is not eligible for assistance. Properties having received assistance before April 1996 may be eligible for additional assistance after eight (8) years from the date of the last assistance. Provided all liens have been paid and/or released. 10. With the exception of I.B.9., households previously assisted with HOME funds may be eligible for rehab assistance based on availability of funds and federal regulations. APPLICATION PROCESSING A. To be placed on the waiting list, applicants must meet the following guidelines: 1. Household's total gross annual income does not exceed current program income limits. 2. Owner is living in and owns a single-family dwelling for not less than two consecutive years. New construction: Owner must have owned property for two consecutive years. 3. Property is located in a Targeted Neighborhood (see Appendix 2). 4. Applicant must complete a Waiting List Application Form and attach a copy of property deed or proof of ownership. (Waiting List Application Forms are available at the Community Development Division, 101 S. Locust Street, Suite 500 Denton, Texas, :76201,940-349-7726.) B. Prospective applicants are assigned the next available number on the waiting list in the order the completed waiting list application is received by the Community Development Division. C. When applicant reaches the top of the waiting list, sJhe will be notified in writing to complete the application process and must provide all items requested per checklist. Further documentation, in addition to items listed on the checklist, may be required to process application. NOTE: Deadlines given for contacting the Coriununity Development office to make an appointment to apply and those given for submitting application information will be stated in the notice to apply letter. The deadlines will be enforced. D. Applicant must provide all information requested and information must be complete and accurate regarding their household composition, household income, and housing situation. All information submitted by the applicant must be current and up to date. All information will be verified and recertified by Community Development staff as required by Federal regulations. Any intentionally falsified information will cause the application to be rejected and the applicant will not be allowed to reapply. Failure to disclose information that may affect eligibility requirements shall also constitute fraud. Applicants shall be required to make full restitution to the City in the event Community Development Division services are provided to applicants who provide inaccurate or incomplete information in order to meet eligibility requirements. E. Applicant must attend a credit, debt and monthly expenses evaluation meeting with Consumer Credit Counseling Services, me. F. Applicant must attend a Successful Homeownership Workshop, with emphasis being placed on maintenance, budgeting, cost effective decorating, and responsibilities of home ownership. G. Community Development staff will notify eligible applicant(s) of the financial assistance category he/she is eligible for under the program guidelines. Applicant will be notified that final eligibility for assistance is determined upon completion of the feasibility study of the property. Ineligible applicants will be notified of the reason their application for assistance is being rejected. H. Any applicant who feels that s/he has been unjustly denied assistance under the Home Improvement Program should follow the appeal procedure outlined in Section VI. SELECTION OF RECIPIENTS FOR ASSIST ANCE 7 .L A. Date Qf application completion and eligibility will determine the order of assistance. B. COIrmlW1ity Development Staffwill provide c0W1se1ing, and assistance as needed, to applicants in order to facilitate the applicant's rehousing/housing, including the following: 1. Information on the program and rehousing/housing options available. 2. Assistance in soliciting bids for replacement housing. 3. Assistance in contractual compliance between applicant and contractor. 4. Assistance in inspection of construction of replacement dwelling, if applicable. VI. WAIVERS AND APPEALS PROVISION A. Reauest for Waiver: The City of Denton Home Improvement Program has been developed to adhere to a set of guidelines in order to assure proper administration and management In the event that an applicant feels that his/her circumstances require special consideration, slhe can request, in writing, a waiver from the usual requirements. All requests should specify the requirement(s) to be considered for waiver and state the applicant's reason(s) or special circumstances why slbe believes a waiver should be approved. The Community Development Administrator will review requests on a case-by.case basis. Applicant will be notified in writing of the final decision. B. Appeals Procedure: Applicants, who have beendetennined by the Community Development Administrator to be ineligible for assistance, may appeal this decision to the Department Director. A written appeal must be submitted. C. The Department Director shall issue a written response within fifteen days of receiving the request VII. FINANCIAL ASSISTANCE A. Owner Contribution is a percentage of the total proj ect cost that the applicant must provide at contract signing. These funds are held in an escrow account and will be expended before City funds are used when making contractor payments. Owner contribution increases on a sliding scale as household income increase?, See Appendix I for percent of owner contribution by income ranges and family size. B. City Of Denton Funds: The City of Denton will fund the remaining project costs using Federal HUD CDBG and HOME dollars, program income and private funds, when available. C. Term of the Note is determined by the activity to be completed and/or total project cost as follows: Activity / Proiect Cost Term RehabilitationtBelow $10,000 60 months ( 5 years) RehabilitationlBetween $10,000 ~ $25,000 120 months (10 years) Rehabilitation/Above $25,000 180 months (15 years) Reconstruction and New Construction/Total Const 240 months (20 years) D. Financial Assistance Levels: The City-funded dollars are payable through a two-part loan. See Appendix I for income ranges by household size, payable to deferred loan ratios and description of Payable and Deferred loans E. Applying to the Home Improvement Program is voluntary. Funds for temporary relocation are not provided. VIII. CONTRACT REQUIREMENTS A. Liens are in effect until all requirements of the deed and promissory note are satisfied. The City of Denton will be in the first lien position. When a first lien position is not possible, the City may accept second lien position, subject to the review and approval of the Community Development Administrator. Property approved for the new constrnction activity must be free of all liens and City of Denton will be in the first lien position. Liens are released once all the requirements and conditions of the deed and note have been met. B. If the applicant defaults on their contract, the lien will be called due in full, and referred to the City of Denton' s Legal Department to begin acceleration of the note as allowed by law. The City will make every effort to work with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis. Examples of loan default include, but are not limited to: 1.) Delinquent loan payments; 2.) Failure of grantee to reside in the 8 assisted dwelling unit as the principal residence of applicant; 3.) Failure to maintain adequate homeowner insurance coverage; 4.) Failure to pay property taxes when due. Co ill the event the grantee sells the property prior to maturity ofthe note, the sum of the unpaid balance ofthe loan and the unforgiven balance of the deferred loan amount will become due immediately. . D. ill the event the owner(s) passes away prior to the maturity date, or the owner(s) can no longer reside'in the property due to a permanent medical condition, if the heirs decide to sell the property, the City of Denton will accept as settlement of the note the lesser of: 1. Pay 70 percent of the property's market value at the time of sale (the City reserves the right to conduct an independent appraisal), or, 2. Pay the payoff balance of the lien owed at the time the grantee passed away or was no longer able to reside in hislher home If the heirs keep the property the City of Denton will negotiate a modified and/or continuation of the note depending on beneficiary income and ownership circumstances. Heirs using property for rental income will pay the can request the note balance E. If, after the project begins, a household experiences a permanent, substantial loss of household income, an applicant can request a re-evaluation of their total annual gross household income. This evaluation may result in a decrease in the payable portion of the note. The loss o/income must be/rom an income-earning household member(s) whose income was used in determining the original loan assistance category. Please note: Loss of employment (voluntarily or involuntarily) is not considered a "permanent loss". For purpose of this program "permanent loss" is defined as: 1. deaths 2. retirement (must be 62 years of age or older) 3. permanent disability 4. Other substantial permanent loss of income, when approved by Community Development Administrator. All household members must complete all income information and forms as required in section N. Application Processing - Re-application processing will be completed to determine if an adjustment and/or extension to the payable portion of the note is eligible. A determination will be made after evaluating the household size and income using the program guideline income limits and financial assistance categories that are being used at the time the request for reduced loan payment is made. When a loan adjustment and/or extension is granted, the applicant must sign a Modification and Extension of Real Estate Note and Lien reflecting the adjustment and/or extension of the note. IX. PROJECT FEASffilLITY CRITERIA A. A decision as to the type and amount of assistance an applicant is allowed is based on the feasibility of a property to be rehabilitated. An assessment will be completed using the following factors: 1. Determine if the rehabilitation cost will be affected by: the zoning of a property, a property being located in a designated IOO-year floodplain or floodway, a need to abate possible presence oflead-based paint, possible historical restoration requirements, or if a rehab will reduce noise levels if property is in a high noise area. NOTE: The Floodplain Management regulations limit the total cost of all non-code repairs for any dwelling located in a designated 1 OO-year floodplain to 50 percent of a property's pre-rehabilitation appraised value as set by the Denton Central Appraisal District (dwelling [not land] value only). :i 2. Determine if the framework and foundation of a dwelling are stable, or can be made stable through rehabilitation. (May allow for structural engineer evaluation of structure when staff cannot determine.) 3. Lead-based paint hazard reduction teclmiqu~s will be used when lead-based paint exceeds HUD's acceptable limits for lead content in existing paint. Th~ limits for lead content exceed HUD' s limits when lead content exceeds 1 mg per cm2 (one milligram per centimeter squared), or 5000 ppm (parts per million). The reduction techniques used by this program are described and found in the U. S. Department of Housing & Urban Development's publication, Guidelines For The Evaluation and Control Of Lead-Based Paint Hazards ill Housing, issued June 1995. . 9 x. 4. Is a room addition(s) needed to relieve serious overcrowding? NOTE: Room additions and improvements to relieve serious overcrowding may be eligible and require the approval of the Corrnnunity Development Administrator. B. A structural evaluation and project cost determination is completed. Projects that will exceed the Project Cost Limits (Section X) are not eligible for rehabilitation assistance. Applicant may be referred for optional reconstruction assistance. XI. PROJECT COST LIMITS A. A rehabilitation project must meet all of the following 3 tests to be considered feasible to rehabilitate. Projects not feasible for the rehabilitation activity may be eligible for reconstruction or new construction and must meet the cost criteria in items 2 and 3 of this section. 1. Rehabilitation will not exceed $40 per square foot of total living space (using after rehabilitation square footage). Exceptions: An additional $10 per square foot is available, if the house needs to comply with lead reduction. An additional $10 per square foot is available to comply with historical requirements. 2. Total project cost will not exceed ofthe current Maximum Home Subsidy Limits for Denton as set by HUD (See Appendix I). 3. The after project appraised property value plus all costs expended to complete the project (including "other fundstt and "owner's contribution") will not exceed 95% of the current Single Family Mortgage Limit for Denton as established by HOD (See Appendix I). B. PROGRAM MINIMUM LIMITS FOR Home Improvement projects: A dwelling needing less than $5000 of repairs is not eligible for Home Improvement Program assistance. ALLO~ABLEEXPENSES Federal CDBG and HOME grant funds will be used to pay for eligible project costs to complete substantial rehabilitation of existing owner-occupied properties, reconstruction of substandard owner-occupied properties and new construction of single-family modest dwelling units for eligible applicants who own eligible vacant lots.: Some allowable fees are: ' o Cost of room addition( s), to relieve serious overcrowding when approved by the Community Development Administrator. o Demolition of substandard structures as needed to complete projects. o Costs necessary to build modest, energy efficient, safe and sanitary replacement of principal residences o Other eligible expenses the Corrnnunity Development Division determines necessary to facilitate the completion of activities allowed by this program (Example: title search, filing fees, platting, engineering reports, permit and tap fees, etc.) o Eligible administrative costs. o Other fees and costs as allowed by the CDBG and HOME regulations. NOTE: Funds for temporary relocation during project construction are not provided. PROGRAM ACTIVITY OPTIONS :~I XII. The Home Improvement Program provides three options. The process required for all activities will be: Process o CD staffwill complete a project feasibility study. This inspection will include a detailed evaluation of all deficiencies needing to be addressed to bring the dwelling up to minimum program standards. o Activity option determined based on feasibility criteria (Section IX.). o Project details completed and approved by applicant. o CD staff completes a cost estimate of the work to be completed. o CD Administrator certifies the project as "eligible" or "not eligible." o If eligible, applicant signs a rehousing agreement (Appendix 4 or 6). 10 o Bid packet is prepared, bid out as described in Contractor Selection and Monitoring (Section XIII), owner chooses contractor from eligible bids, contracts are signed and project begins. o The City's Building Inspections Division and CD staffinspects projeds progress routinely to ensure compliance with City codes and project specifications. Community Development staff completes final inspection. o For reconstruction and new construction activities, owner must have utilities connected and provide proof of homeowner's insurance before property can be occupied. o Project is closed upon contractor receiving contingency payment; owner receives loan payment schedule; invoicing begins. In the event a procedure is not addressed in these guidelines the Program Manager will determine the best course of action. A. Owner-Occupied Rehabilitation This activity will assist eligible applicants rehabilitate single-family principal residences by making needed repairs with the first priority being to correct code violations. This activity is eligible when a completed project will yield a structurally sound, safe, sanitary and decent single-family dwelling that meets City's building codes (see Section IX). B. Optional Reconstruction The reconstruction activity is offered when existing dwellings are not feasible for rehabilitation. DRtional reconstruction provides funds to demolish existing dilapidated dwellings and reconstruct modest, energy efficient, safe and sanitary replacement single-family dwellings. C. New Construction Assistance The City of Denton will provide homeownership opportunities to eligible low-income families who own eligible property. New construction provides funds to construct a modest, decent, energy efficient, safe, and affordable single-family dwelling. 1. Applicant cannot currently own a residence or a mobile home. Exceptions are made for substandard properties. 2. Community Development Division will determine the condition of the dwelling. 3. Substandard residential properties in the flood plain/flood way, may also be eligible for this activity, if the owner owns an eligible vacant lot, not in the flood plain/flood way. xm. CONTRACTOR SELECTION AND PROJECT MONITORING All applicants are responsible for finding a contractor who will develop a proposal to complete approved home improvement activity. Eligible applicants may request assistance from Community Development staff to help homeowner with the bidding process. The homeowner may elect to seek a bid proposal from a qualified contractor of their choice. Bids by contractors submitted by the applicant must be reasonable (within 10 percent, high or low~,ofthe Community Development cost estimate). Contractors selected by the applicants must meet eligibility and instITance requirements. Contact any reputable and experienced contractor aild request a bid for the required work. IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of the following places for assi~tance: · Your local Better Business Bureau · Any mends or neighbors who have had remodeling done to their properties. · Chamber of Commerce · Community Development Division Contractor's List When a contractor comes to meet with you, you should: · Show hirn/her the mandatory work items that have been identified by the Community Development Division per the work write up, construction plans and project standards. · Advise him/her that the bid proposal must be returned to you for submission to the rehabilitation program by a due date. DO NOT SIGN ANY AGREEMENT WITII THE CONTRACTOR. it, Owner must submit the contractor's bid proposal to the Community Development Division at 101 S. Locust Street 11 Suite 500. Denton. TX. The Community Development staff will review the proposal to verify that: 1. The contractor is licensed and has all City-required insurance coverage. 2. All required improvements have been included, in the bid. 3. The proposed work is in conformance with the program's General Specifications. 4. All proposed costs are reasonable (as verified by CD staff prepared cost estimate). 5. The contractor chosen by owner has not been disqualified by any local, State or Federal government agency. Any contractor whose name appears on the most current HUD or City of Denton Debarred Contractor's List will not be eligible to participate in this program. References will be checked and claims of substandard worlananship will be cause to declare a contractor ineligible. The contractor must also submit all required proof of insurance forms and bonds (if applicable). Failure to submit these will result in rejection of the bid proposal. The bid proposals that are submitted by the applicant will be reviewed by the Community Development Divi~lon to determine if the total bid price is reasonable per cost estimate and under the maximum allowable amount. THE CITY OF DENTON AND THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. If the Community Development Administrator approves the bid proposal submitted by the applicant, the Cormnunity Development staff shall proceed. A construction contract must be signed. Before the contractor can start work, the applicant must issue a notice to proceed. . The contractor's work will be monitored by the applicant, the Community Development staff and the City of Denton building code inspector. If the applicant considers any work done by the contractor to be unsatisfactory or incomplete, the applicant should advise the contractor of the discrepancy and ask that it be corrected. In the event a dispute exists between the applicant and the contractor with respect to the work, the City shall take appropriate action in accordance with the provisions of the construction contract to assure that the applicant is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Department Director shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work 1. Final Inspection - In order for the contractor to close out a project, a final inspection shall be made by the 9ty of Denton building code inspector, the Community Development staff, and the applicant. If the final insPection results in no additional work or no specified corrections, the applicant shall sign final payment request stating that all work has been completed to their (applicant's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is advised to submit to the Cormnunity Development Division copies of all warranties and releases of liens from subcontractors and suppliers prior to contingency payment. Community Development staff will make copies of warranties and other documentation. The applicant will receive original warranty and guarantee documents. The Community Development Division will retain copies of these documents for the file. 2. Warranty of Work- As stated in the contract, the contractor shall guarantee the work performed for a period of at least one-year from the date of final acceptance. 'The contractor will return in thirty (30) days and ask the applicant if any additional repairs are necessary. Any deficiencies or necessary repairs to specified work will be completed at this time. If no repairs are needed, the contractor will request that the applicant release the contingency payment. XIV. PAYMENTS TO CONTRACTOR A. The contractor shall receive approved final payment, minus a 10 percent contingency, for completed contract within 15 working days after final inspection approval. The contingency is calculated on the final contract amount by adding the total project bid amount plus or minus change orders, minus, if applicable, the cost for demqlition. Contingency is withheld for thirty (30) days from the date of final acceptance by Community Development Division staff. After thirty days, if no additional or warranty work remains, the contractor must request written approval from owner and CD staff to release withheld contingency funds. Contractor must endorse the Mechanic's Lien Note over to the City of Denton and sign a release of note and lien of the Mechanic's Lien Contract before contingency payment can be released. B. A contractor may request interim-project payments throughout the course of the project. Interim payments will be 12 made available to the contractor upon applicant and CD staff approval of any contract work that has been completed. Contractor will submit a CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC STATEMENT form to the applicant when requesting payments. C. An "All Bills Paid" affidavit and release of lien from all subcontractors and suppliers must be submitted to the Commnnity Development Division before final payment can be released to contractor. Any electrical, plumbing, mechanical, window and/or roofmg permits and termite inspection report must also be submitted to the Community Development Division prior to releasing contirlgency payment to the contractor. XV. CONTRACTOR DEBARMENT A. A contractor will be declared ineligible to participate in projects funded by the City of Denton Home hnprovement Program for one or more of the following causes: 1. Failure to complete a project within the prescribed contract period. 2. Failure to complete warranty repairs within a reasonable time period. 3. Failure to use licensed plumbing and electrical subcontractors. 4. Failure to obtain City-required insurance, i.e., general contractor's liability, automobile liability and builder's risk (if applicable). 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 6. Failure to pay all subcontractors working on the project appropriately and/or by not submitting affidavits of payment signed by all subcontractors. 7. Failure to obtain proper pennits for work in progress. 8. Failure to treat applicants with respect and courtesy. 9. Other offenses not described here when the Community Development Director believes a contractor's action(s) does not serve the best interest of the program, the City or the applicant. ,';" B. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or8.ppeal the action. All appeals must be made in writing to the Community Development Division by the 15th day from the date of the notification letter. p. 13 APPENDICES Appendix 1 Qualifying Income Limits and Ranges for the City of Denton's Federally Assisted Programs Appendix 2 Target Neighborhoods Map Appendix 3 Optional Reconstruction Assistance Application and Temporary Relocation Questionnaire Appendix 4 Optional Reconstruction Rehousing Agreement Appendix 5 New Construction Assistance Application And Questionnaire Appendix 6 New Construction Housing Agreement 14 APPENDIX 1 FY 2005/2006 City of Denton Community Development Division Qualif in Income Limits for Federall Assisted Pro rams Rehabilitation and Optional Reconstruction Eligible Income Ranges New Construction Eligible Income Ranges 2.part Loan Ratio' 70% Payable /30% Deferred 40% Payable /60% Deferred 20% Payable /80% Deferred 10% Payable /90% Deferred Owner Contribution 1 % of Total Project Cost ,75% of Total Project Cost .5% of Total Project Cost .25% of Total Project Cost Income Range Moderate Low Very-Low Extremely-Low Famil Size 80% AMI- <65% AMI 65% AMI- <50% AMI 50% AMI- <30% AMI :::::30% AMI 1 $37,250 - $30,251 $30,250 - $23,301 $23,300 - $13,951 $13,950 or Below 2 $42,550 - $34,601 $34,600 - $26,601 $26,600 - $15,951 $15,950 or Below 3 $47,900 - $38,901 $38,900 - $29,951 $29,950 - $17,951 $17,950 or Below 4 $53,200 - $43,251 $43,250 - $33,251 $33,250 - $19,951 $19,950 or Below 5 $57,450 - $46,701 $46,700 - $35,901 $35,900 - $21,551 $21,550 or Below 6 $61,700 -$50,151 $50,150 - $38,551 $38,550 - $23,151 $23,150 or Below 7 $65,950 - $53,601 $53,600 - $41,251 $41,250 - $24,751 $24,750 or Below 8 $70,200 - $57,051 $57,050 - $43,901 $43,900 - 26,351 $26,350 or Below *In this two-part loan: Part I: Payable Loan is based on a percentage of the total City-paid project cost (see Section VIT.D.). The payable portion of the loan is amortized over the term of the note (60 to 240 months - see Section vn.C.), and carries a 3 percent interest rate. There is no penalty for paying the payable loan off early. Part IT: Deferred Loan is based on a percentage of the total City-paid project cost (see Section VII.D.). This portion of the loan carries a zero percent interest rate. For every month applicant complies with deed and note requirements, a fraction of the deferred loan is forgiven (on a 5-yearnote, 1/60, on a lO-yearnote 1/120, on a 15-yearnote 1/180, and on a 20-year note 1/240). The deferred loan terms are from between 60 to 240 months (5 to 20 years) based on project cost and/or type of assistance activity (see Section Vll.C.). At the end ofthe contract term the deferred loan is forgiven,,'. provided applicant has satisfied all the conditions listed in the Deed of Trust and Promissory Note. The deferred loan. is secured by a lien on the property. ReDortable Income: Gross income for all household members aged 18 and above must be included to determine household's eligibility to receive assistance; however, some household members' incomes may be excluded when determining the payback category that the eligible household will be approved for. They are: applicant's children, grandchildren or legal guardians of the applicant who are aged 18 up to 22 and/or children aged 22 up to 25 who are full or part-time students. Incomes for household members aged 25 and older will be included in determining the payback category for the household. Income Limit Source: U.S. Department of Housing and Urban Development. Effective: February 11,2005 2004 Maximum Home Per-Unit Subsidy Limits for Denton O-BDR=$74,180 I-BDR=$85,032 2-BDR=103440 3-BDR=$133763 4-BDR=$146831 95 Percent of the 2005 Single Family Mortgage Limit for Denton = $164,000 Effective: August 31, 2005 15 APPENDIX 2 City of Denton, Texas Targeted Neighborhoods Map ,16 APPENDIX 3 OPTIONAL RECONSTRUCTION ASSISTANCE APPLICATION AND TEMPORARY RELOCATION QUESTIONNAIRE Your participation for optional reconstruction assistance is voluntary. Reconstruction funds are limited therefore; the Program does not cover costs necessary for household to relocate during reconstruction of the property. Please complete the following questionnaire. This information will help our staff in determining if you will be eligible for optional reconstruction assistance. 1. I understand that it is my responsibility to relocate my household and that I am responsible for all costs hvolved to do so? Yes No 2. I understand that as a result of reconstruction, my appraised property value, set by the Denton Central Appraisal, may increase significantly from the amount at which it is currently valued. Yes No 3. I understand that an increase in my property value may cause my property taxes to increase by a significant amount. I am financially prepared to meet any increase. Yes No 4. I understand that I am obligated to carry homeowner's insurance for the duration of the lien (20 years) that the City of Denton will have on my property. Yes No 5. I understand that my homeowner insurance premium will most likely increase as a result of the reconstruction. I am aware that my insurance policy must cover the after-reconstruction appraised value of my property. I am financially prepared to meet this increase. Yes No 6. I understand that I must request that my insurance company list the City of Denton as a "Certificate Holder" on my policy. Yes No 7. I understand that The City of Denton is limited in the amountoffunds they can spend to reconstruct a property. I have been briefed on these I imits and understand that my elig ibility for optional reconstruction assistance will be granted on Iy if it is determined that the total of all costs involved to reconstruct my property will be at or below the allcwable program limit. Yes No This APPLICATION was completed by on. By signing below, I am requesting that the City of Denton's Community Development Division to accept this as my application to be considered for optional reconstruction assistance. Applicant's Signature Date 17 l.l APPENDIX 4 CITY OF DENTON COMMUNITY DEVELOPMENT DIVIS ON HOMlliIMPROVEMENTPROG~ OPTIONAL RECONSTRUCTION REHOUSING AGREE:MENT THIS AGREEMENT, made and entered into on (Date document will be sianed), by and between the City of Denton, Texas, and (Name of aoolicant sianina document) hereinafter referred to as Applicant. This agreement covers the dwelling occupied at the following legal address: (Legal property description of dwelling to be reconstructed) WHEREAS, The Applicant has heretofore requested and qualified for the Home Improvement Program with assistance from the City in order to obtain adequate, decent, safe, and sanitary housing under the City's Community Development Block Grant and HOME Program; and WHEREAS, the City has determined that rehabilitation of the Applicant's residence is not a feasible alternative; and WHEREAS, the City has determined that the Community Development Program will not provide the Applicant relocation payments and assistance necessary to accomplish the voluntary relocation of the Applicant from the substandard, umehabable dwelling currently occupied into an adequate, safe, and sanitary replacement dwelling. NOW, THEREFORE, the City and the Applicant for and in consideration of the covenants and promises as hereinafter set forth, do agree as follows: 1. The Applicant agrees to vacate permanently the currently occupied substandard dwelling within 10 days notice by the City for the need to vacate. 2. The Applicant agrees and hereby authorizes the demolition and removal of the currently occupied dwelling and clearance by the City of the property. The Applicant further releases the City from any and all claims arising from this action. 3. The Applicant agrees to take possession and occupy the replacement dwelling when such dwelling is completed and the City determines it to be ready for occupancy. The Applicant further agrees to sign any required instruments to effect this item. 4. The Applicant agrees to provide and bear all financial costs necessary to relocate Applicant's household and furnishings without assistance from the City of Denton. 5. The maximwn budget authority for optional reconstruction assistance is (Maximum allowable funds for project), which includes, but is not limited to, property title search fee, the cost to demolish the existing dilapidated dwelling and the cost to reconstruct an adequate, decent, safe, and sanitary replacement dwelling on the original site Oot) of the dwelling vacated by the applicant. 6. Applicant agrees to the time limitations as set forth in the Optional Reconstruction Guidelines in which to be moved from the substandard property. Applicant' Signature Date 2nd. Applicant' Signature Date CITY OF DENTON: Community Development Administrator '18 APPENDIX 5 HOME IMPROVEl\1ENT PROGRAM NEW CONSTRUCTION ASSISTANCE APPLICATION AND QUESTIONNAIRE Your participation for new construction assistance is voluntary. Program funds are limited. Please complete the following questionnaire. This information will help our staff in determining if you will be eligible for new construction. 1. I understand that the appraised value will include the cost of the new construction and the land and will be set by the Denton Central Appraisal District. This will cause your property value to increase sgnificantly from the amount at which it is currently valued. Yes No 3. I understand that an increase in my property value will cause my property taxes to increase by a significant amount. I am financially prepared to meet any increase. Yes No 4. I understand that I am obligated to carry homeowner's insurance for the duration of the lien (20 years) thatthe City ofDenton will have on my property. I am financially prepared to meet any increase. Yes No 5. I understand that I must request that my insurance company list the City of Denton as a "Certificate Holder" on my policy? Yes No 6. I understand that The City of Denton is limited in the amount of funds they can spend for new construction. I have been briefed on these limits and understand that my eligibility for the Home I mprovement Program will be granted only if it is detennined that the total of all costs involved for new construction on my property will be at or below the allowable program limit. Yes No This APPLICATION was completed by on. By signing below, I am requesting that the City of Denton's Community Development Division accept this as my application to be considered for new construction of the Home Improvement Program. Applicant's Signature Date 19 APPENDIX 6 CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM HOMlliIMPROVEMENTPROGRAM NEW CONSTRUCTION HOUSING AGREEMENT THIS AGREEMENT, made and entered into on (Date document will be signed), by and between the City of Denton, Texas, and (Name of applicant signing document) hereinafter referred to as Applicants. This agreement covers the property located at the following legal address: (Legal property description of dwelling to be reconstructed) WHEREAS, The Applicant has heretofore requested and qualified for the Home Improvement Program with assistance from the City in order to obtain adequate, decent, safe, and sanitary housing lUlder the City's Community Development Block Grant and HOME Program; and NOW, THEREFORE, the City and the Applicant for and in consideration of the covenants and promises as hereinafter set forth, do agree as follows: 1. The Applicant agrees to take possession and occupy the new constructed dwelling when such dwelling is completed and the City determines it to be ready for occupancy. The Applicant further agrees to sign any required instruments to effect this item. 2. The Applicant agrees to provide and bear all financial costs necessary to relocate Applicant's household and fumi~ings without assistance from the City of Denton to the new constructed dwelling. 3. The maximum budget authority for new construction is (Maximum allowable funds for project), which includes, but is not limited to, property title search fee and cost of new construction of an adequate, decent, safe, and sanitary dwelling. Applicant' Signature Date 2nd. Applicant' Signature Date CITY OF DENTON: Community Development Administrator 20 APPENDIX 7 SPACE & AMENITY ALLOWANCES FOR RECONSTRUCTION & NEW CONSTRUCTION ACTIVITIES The City of Denton may provide replacement or new single- family modest, safe, energy-efficient, decent dwellings. Space and room limits for replacement housing are determined by household need. ' Replacement housing will provide up to the following: Provided Space 1 Kitchen 1 Laundry Alcove 1 Coat Closet 1 Living Area 1 or 2 Bathrooms* 1 Dining Area or Kitchenette 1 Food Pantry Closet and/or Cabinet 1 Linen Closet 2-3 Bedrooms*** W/Closets** 1 Attached (Non-Conditioned) Storage Area Maximum Square Feet Allowed (Within 1 percent hil!h or low) 2 Bedrooms 1 bath - 985 SF 2 Bedrooms 2 baths - 1040SF 3 Bedrooms 1 bath - 1100 SF 3 Bedrooms 2 baths - 1180 SF 4 Bedrooms 2 baths - 1225 SF (***must be approved) Amenities 1 Brick Mailbox 1 Ceiling fan per bedroom and 1 in Living Room 1 HV AC Unit (14-Seer AC) 1 Front & 1 Rear Exterior Weatherproof Electrical Outlets 1 Front Entry Door 1 Rear or Side Entry Door 1 50 gallon Water Heater 1 Front & 1 Rear Hose Bib 2-Car Driveway Space 1 Attic Access Stairs Programmable Thermostat Standard lighting including exterior safety lights front and back 1 Energy Star Refrigerator 14 burner Gas or Electric Range/single Oven (appliances if needed) Sod will be installed at a minimum of5' wide around entire foundation/perimeter, 3' wide around sidewalks and driveway. Season-appropriate seed will be spread on remainder of un-sod yard. * A full bathroom may be made A.D.A. accessible to accommodate a physically handicapped household member. Household may also select a 1/2 or 3/4 bath in place of a second full bath, if desired. **Clothes closets will ideally, when possible, provide a minimum of 4' X 2' of space per bedroom. ***Determining Maximum Number of Bedrooms from household makeup: A household may select up to a 3 bedroom 2 bathroom house based on need. A fourth bedroom may be requested in writing when a household believes there is a valid need for the additional space. The Community Development Administrator approves requests on a case-by-case basis. Under no circumstances will this program provide space exceeding that described above. 21 AGENDA INFORMATION SHEET AGENDA DATE: October 4,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance accepting competItIve bids and awarding a three year contract for the purchase of electric distribution cables for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3365- Three Year Contract for Purchase of Electric Distribution Cables awarded to the lowest responsible bidder for each item, Techline, Inc., in the annual estimated amount of $848,665). BID INFORMATION This bid is for a three-year agreement to supply insulated electric distribution cables that Denton Municipal Electric (DME) uses to provide and distribute primary and secondary underground electrical service. Primary cables are insulated for 15kV and secondary cables are insulated for 600 volts. These items are carried in the Warehouse working capital inventory. PRIOR ACTIONNIEW (COUNCIL. BOARDS. COMMISSIONS) The Public Utility Board will consider this item at its October 3,2005 meeting. RECOMMENDA TION Award to the lowest responsible bidder meeting specifications, Techline, Inc., in the estimated annual amount of $848,665 as listed in Exhibit A of the Ordinance. Three bids were disqualified because the bids did not fulfill the requirements of the specification. The following summarizes the reasons for the disqualification of each: 1. Priester Supply: The specification did not allow for the City of Denton to purchase unused vendor stock at the end of the agreement period. Priester's bid required that the City of Denton agree to purchase Priester's remaining inventory upon termination of the contract. 2. TEC US&S (TEC): TEC's prices for secondary voltage cable were slightly lower on five line items; however, all of the bid prices TEC provided included an undefined metals market escalation and were not firm for any specific period, not even for the first order. In other words, the TEC bid was not a bid, only a quotation for one immediate purchase. Agenda Information Sheet October 4, 2005 Page 2 RECOMMENDATION (CONTINUED) 3. Hughes Supply: Hughes took exception to annual pricing and took exception to the index that the City of Denton specified for price adjustment. Hughes firm prices were only valid for 1.5 weeks. Item 17 will not be awarded due to an error by Techline in the per-unit pricing. Techline quoted $2.19 per foot on the #6 Aluminum duplex streetlight cable and it should have read $0.219 per foot, they missed the decimal place by one digit. Since bid prices cannot be changed or corrected after bid opening, item 17 will not be awarded on Bid #3365. The City of Denton Warehouse presently has sufficient stock of item 17. PRINCIPAL PLACE OF BUSINESS Techline, Inc. Fort Worth, TX 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. Annually the prices will be reviewed, with a maximum price escalation/de-escalation of 5%. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse working capital account and charged back to the using department. 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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION CABLES FOR DENTON MUNICIP AL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3365-THREE YEAR CONTRACT FOR PURCHASE OF ELECTRIC DISTRIBUTION CABLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, TECHLINE, INC., IN THE ANNUAL ESTIMATED AMOUNT OF $848,665). 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 ITEM NO VENDOR AMOUNT 3365 1-16 Techline, Inc. Exhibit A SECTION 2. City Council finds the bids submitted by Priester Supply, TEC US & S, and Hughes Supply did not meet specifications, and are therefore rejected. Item 17 will not be awarded to Techline, Inc. due to an error in the per-unit pricing. SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. 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 5. 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 6. That 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: EDWIN M. SNYDER, CITY ATTORNEY ~ BY: 3-0RD-BID 3365 BID #3365 Exhibit A DATE: 8/18/05 ELECTRIC DISTRIBUTION CABLES DESCRIPTION VENDOR Techline Inc. Principle Place of Business: Ft. Worth, TX Price/Ft. Cable, 750 Cu, EPR Primary, Shielded 280-80-110 (See Shielded EPR detail section) 40,000 ft. $7.34 2,000 ft minimum ree/lengths Cable, 500 Cu, EPR Primary, Shielded 280-80-100 (See Shielded EPR detail section) 10,000 ft. $5.20 2,500 ft minimum ree/lengths Cable, 250 Cu, EPR Primary, Shielded 280-80-080 (See Shielded EPR detail section) 5,000 fl. $3.09 3, 500ft minimum ree/lengths Cable, AL 4/0 1-Phase, Primary, Full 280-80-056 Concentric Neutral, Strand Filled, 220 100 ft. $2.35 Mil. (See Concentric EPR detail section) 4,OOOft minimum ree/lengths Cable, AL 4/0 1-Phase, Primary, 1/3 Reduced Concentric Neutral, Strand 280-80-055 Filled, 220 Mil. (See Concentric EPR 50,000 ft. $1.61 detail section) 4,OOOft min. reel lengths Cable, AL #2 1-Phase, Primary, Full 280-80-010 Concentric Neutral, Strand Filled, 220 70,000 ft. $1.13 Mil. (See Concentric EPR detail section) 6,000ft minimum reel lengths Cable, AL #2 3-Phase, Primary, 1/3 Reduced Concentric Neutral, Strand 280-80-040 Filled, 220 Mil. (See Concentric EPR 10,000 ft. $3.71 detail section) 2,500ft minimum reel lengths Cable, 350 AL-350 AL-4/0 AL, 600V 280-35-230 XLP, 37,37,19 Strand (Wesleyan) 5,000 fl. $1.78 3-Yellow longitudinal stripes on Neutral 1,000 ft minimum reel lengths Cable, 4/0-4/0-2/0 AL, 600V XLP, 280-80-060 19 Strand (Sweet briar) 3-Yellow 100,000 fl. $1.07 longitudinal stripes on Neutral 1,000 ft minimum reel lengths Cable, 2/0-2/0-#1 AL, 600V XLP, 10 280-80-070 19 Strand (Converse) 3-Yellow 2,000 fl. $0.89 longitudinal stripes on Neutral 1,000 ft minimum reel lengths 11 280-24-340 Cable, 500 Cu., 600V XLP, 37 Strand 5,000 fl. $4.77 1,000 ft minimum reel lengths 12 280-35-220 Cable, 250 Cu., 600V XLP, 37 Strand 5,000 fl. $2.49 1,000 ft minimum reel lengths 13 280-16-300 Cable, 4/0 Cu., 600V XLP, 19 Strand 10,000 ft $2.02 1,000 ft minimum reel lengths 14 280-16-220 Wire, 4/0 Soft Drawn Bare Copper, 19 40,000 ft. $1.50 Strand 1,500 ft minimum reel lengths 15 280-24-280 Cable, 2/0 Cu., 600V XLP, 19 Strand 5,000 fl $1.26 1,000 ft minimum reel lengths 16 280-16-260 Cable, #2 Cu., 600V XLP, 7 Strand 10,000 ft $0.64 1,000 ft minimum reel lengths Cable, #6 AL Duplex 600V 7 Strand 17 280-35-010 XLP, (Claflin) for Street Lite use 4,000 20,000 ft. $2.19 ft minimum reel lengths Delivery can be made in ___ days of 4-18 weeks receipt of order. ADDENDUM #1 Yes AGENDA INFORMATION SHEET AGENDA DATE: October 4,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Corrugated Metal Pipe for the Street Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3387-Annual Contract for Corrugated Metal Pipe awarded to Contech Construction Products, Inc. in the estimated amount of $100,000). BID INFORMATION This bid is for the annual contract to supply specialized aluminized Type Two Corrugated Metal Pipe to the City of Denton. This pipe must meet the standard set by the North Central Texas Council of Governments (NCTCOG) for drainage applications. The material will be used by the Streets Department for its daily operations and maintenance of its systems. PRIOR ACTIONNIEW (COUNCIL. BOARDS. COMMISSIONS) The Public Utility Board will consider this item at its October 3,2005 meeting. RECOMMENDA TION Award to the lowest responsible bidder, Contech Construction Products, Inc., as listed in Exhibit A of the Ordinance in the estimated amount of $100,000. PRINCIPAL PLACE OF BUSINESS Contech Construction Products, Inc. Irving, TX ESTIMA TED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award with the option to renew for an additional year, contingent upon pricing remaining the same. FISCAL INFORMATION The using department will provide funding as needed for individual jobs or projects. Agenda Information Sheet October 4, 2005 Page 2 Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3387 Attachment 1 Con tech Construction Products Inc. Principle Place of Business: la 1-1000 LF 15" CMP (Type 1 helical corrugation) $10.62 lb 20 EA 15" CMP (Type 1 helical corrugation) 4: 1 63.00 prefabricated safety end lc 20 EA 15" CMP (Type 1 helical corrugation) 6: 1 $89.00 prefabricated safety end 2a 1-1000 LF 18" CMP (Type lR) $12.74 2b 20 EA 18" CMP (Type lR) 4:1 prefabricated safety end $90.00 2c 20 EA 18" CMP (Type lR) 6: 1 prefabricated safety end $137.00 3a 1-1000 LF 21" CMP (Type lR) $15.25 3b 20 EA 21" CMP (Type lR) 4:1 prefabricated safety end $111.00 3c 20 EA 21" CMP (Type lR) 6: 1 prefabricated safety end $179.00 4a 1-1000 LF 24" CMP (Type lR) $16.86 4b 20 EA 24" CMP (Type lR) 4:1 prefabricated safety end $125.00 4c 20 EA 24" CMP (Type lR) 6: 1 prefabricated safety end $207.00 5a 1-1000 LF 30" CMP (Type lR) $23.49 5b 20 EA 30" CMP (Type lR) 4: 1 prefabricated safety end $185.00 5c 20 EA 30" CMP (Type lR) 6: 1 prefabricated safety end $315.00 6a 1-1000 LF 36" CMP (Type lR) $30.64 6b 20 EA 36" CMP (Type lR) 4:1 prefabricated safety end $295.00 6c 20 EA 36" CMP (Type lR) 6: 1 prefabricated safety end $415.00 7a 1-1000 LF 42" CMP (Type lR) $41.78 7b 20 EA 42" CMP (Type lR) 4:1 prefabricated safety end $435.00 7c 20 EA 42" CMP (Type lR) 6: 1 prefabricated safety end $625.00 8a 1-1000 LF 48" CMP (Type lR) $52.96 8b 20 EA 48" CMP (Type lR) 4:1 prefabricated safety end $640.00 8c 20 EA 48" CMP (Type lR) 6: 1 prefabricated safety end $885.00 Delivery can be made within 7-14 days of receipt of order. Page 1 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF CORRUGATED METAL PIPE FOR THE STREET DEP ARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3387-ANNUAL CONTRACT FOR CORRUGATED METAL PIPE AWARDED TO CONTECH CONSTRUCTION PRODUCTS, INC. IN THE ESTIMATED AMOUNT OF $100,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted 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 ITEM NO VENDOR AMOUNT 3387 1-8c Contech Construction Products, 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 pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and 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. 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: EDWIN M. 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S o OJ --' UJ ~ :2: u :2: o o CO o L[) <0 0::: o I- U UJ Z Z o U .... o Vl >- '" -a I c :5 .~ Q) -a '" E Q) ...: ..c Q) c"E '" 0 u.... >-0 ......... Q) C. .::: 'w ~ ~ L[) L[) <0 <0 r:0 I'- ~ CO N v v ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ELECTRIC RUBBER TERMINATION AND SEPARABLE GOODS AND ACCESSORIES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3388- TWO YEAR CONTRACT FOR ELECTRIC RUBBER INSULATED TERMINATION AND SEPARABLE GOODS AND ACCESSORIES AWARDED TO THE LOWEST RESPONSIBLE BIDDER, TECHLINE, 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 ITEM NO VENDOR AMOUNT 3388 1-44 Techline, 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 pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and 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. 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: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3388 Exhibit A Techline, Inc. Principle Place of Business: Fort Worth, TX SECTION A - Manufacturer: 3M 1 287 -72-395 5 CONNECTOR, 500MCM PRIMARY SPLICE $3.20 2 287 -72-390 25 CONNECTOR 750MCM SPLICE $5.75 3 287-72-820 5 CONNECTOR SPLICE 4/0-250 T-EL $2.98 4 287 -73-640 5 LUG 250MCM ALUMINUM $2.29 5 285-95-225 40 SPLICE KIT URD #2-220 MIL $16.00 6 285-95-230 30 SPLICE KIT URD 4/0-20 MIL $19.62 7 285-95-050 15 SPLICE KIT FOR 500&750 MCM $217.55 8 287 -75-340 5 TERMINATION KIT 250 INDOOR $152.39 9 287 -75-330 5 TERMINATION KIT 500 INDOOR $202.18 10 287 -75-300 115 TERMINATION KIT #2-220 MIL $27.06 11 287-75-310 50 TERMINATION KIT 4/0 220/175 $33.68 12 287 -75-350 5 TERMINATION KIT 250 OUTDOOR $272.50 13 287-75-320 20 TERMINATION KIT 500 & 750MCM 00 $373.06 14 287 -72-380 5 CONN. 4/0 3M 15KV SPL $3.14 15 285-95-030 100 ADAPTER SEALlNG&GROUNDING $18.40 16 287 -72-360 5 CONN. #2 3M 15KV SPL $2.06 17 287 -72-385 5 CONN 500MCM SECONDARY SPLICE $5.83 18 285-95-035 215 CAP, COLD SHRINK FOR CABLE END $4.36 SECTION B - Manufacturer: Elastimold 19 287 -32-000 295 ARRESTER ELBOW 200 AMP $58.76 20 287 -32-250 120 ELBOW"T" HOUSING, 600 AMP $36.08 21 287-32-125 580 ELBOW LOADBREAK #2-220ML. $25.26 22 287 -32-225 120 ELBOW LOADBREAK 4/0-220ML. $25.26 23 287 -32-050 40 ARREST. BUSH.STAND10KV $193.81 Exhibit A Techline, Inc. Principle Place of Business: Fort Worth, TX 24 285-10-150 130 BUSHING LOADBREAK INSERT $19.07 25 285-10-100 135 BUSHING INSUL. PARKING $28.45 26 285-1 0-000 20 BUSHING FEED THRU $75.00 27 287 -32-175 15 JUNCTION 4 PT. 200AMPLOADBREAK $104.17 28 287 -32-080 30 ARREST. PARK. STAND 15KV $123.71 29 287 -72-340 5 CONE, STRESS 4/0 $7.29 30 285-95-055 10 ADAPTER CABLE 4/0-250 T-ELBOW $8.75 31 285-95-080 110 ADAPTER, CABLE 500, T ELBOW $8.66 32 287 -73-650 5 LUG CONNECTOR FOR #2 ELBOW $3.07 33 287 -73-645 5 LUG 250MCM CU COMPRESSED $11.46 34 287 -72-880 65 CONNECTOR 500 T-ELBOW $10.31 35 287-75-700 40 JUNCTION 3 POINT $89.69 36 285-10-105 75 BUSHING, INSERT CAP W/GROUND $20.10 37 285-95-090 10 ADAPTER, CABLE 750 MCM $8.75 38 287-32-130 5 PROBE FOR #2 & 4/0 ELBOW $5.73 39 287-32-150 100 PLUG, ELBOW TAP 200 AMP $87.63 40 285-95-060 15 ADAPTER CABLE 4/0 T-ELBOW $8.75 41 287 -72-350 5 CONE STRESS #2-220 $7.29 42 287 -72-300 5 CONE, STRESS #2 $7.29 43 287 -72-840 25 CONNECTOR, 4/0 - 250 T-ELBOW $13.02 44 287 -73-665 15 CONNECTOR, 650-800 MCM T-ELBOW $13.02 AGENDA INFORMATION SHEET AGENDA DATE: October 4,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of hot mix asphalt concrete for the City of Denton Street Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3393-Annual Contract for Hot Mix Asphalt Concrete awarded to the lowest responsible bidder for each item, Jagoe-Public Company, in the annual estimated amount of $1,000,000). BID INFORMATION This bid is for the annual contract to supply Hot Mix Asphalt Concrete and specialized equipment with operations for installation services as needed. This contract is utilized in the construction renovation and maintenance of city streets. The contract allows for delivery of asphalt to the jobsite or pickup in City trucks at the plant and also a per ton price for equipment and operations lay down or installation of the asphalt at the direction of the Streets Division. RECOMMENDA TION We recommend award of this bid to the lowest responsible bidder, Jagoe-Public Company, in the estimated amount of$I,OOO,OOO. Line item prices are shown in Exhibit A of the Ordinance. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMA TED SCHEDULE OF PROJECT This bid is for a one-year time period, with the option to extend for additional one-year periods. FISCAL INFORMATION Funding for the acquisition of this product will be charged to the appropriate account number at the time that the order is placed. Agenda Information Sheet October 4, 2005 Page 2 Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS- Bid 3393 .... - e: Qj E .c: (.) Cll - - <t cu .... CU l- V Il)C 00 OU N~ ........10 M.c M'I""IU) 0'\............. MO'\..... MO>< =1:1: wi 01-.... I-I<CO tCO:I: CII o Cl Cll .., CII Cl' "CD: ';: ...I a:l"C e: Cll ,_ 0 t;Cl:: ::Sc'd <c e: III c'd 0 - :i:i .. .:!::! u o III ::s e: .c ... > a."" CII III III Cl::<c; u >< I- .. e: o .... e: CII C >< I- .. Cl e: 'S; ... .... >< I- .. III III CII ::s w ...., e: ro 0.. ...., ro 0.. :J ~ U 0.. III III CII e: 'iij ::s a:l .... o CII U III D. CII a. 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C 0.. 0..0\ 0..0 ...., D. 0 ...., IJJ C IJJ C ...., c 0\ c + -l.... Q) IJJ CII 0 0 0 0\ 0 E Q) 0 0 ...: a. E 0 E I E -a IJJ c '<j" 0 0 .!!! 0.. Q) 'u -a -a 0 -a 0 c .- -a :J I C -a 0 -a '<j" -a ..-I Q) E ..c l.... c ';: <( '-' <( '-' <( '-' > (f) 0 0 ...., D. ..-I N f'"i c Q) 0 CO 0 u.. ~ .c Q) .c n:J ..c IJJ IJJ Q) U 'C c... * ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF HOT MIX ASPHAL T CONCRETE FOR THE CITY OF DENTON STREET DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3393-ANNUAL CONTRACT FOR HOT MIX ASPHALT CONCRETE AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, JAGOE-PUBLIC COMPANY, IN THE ANNUAL ESTIMATED AMOUNT OF $1,000,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted 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 ITEM NO VENDOR AMOUNT 3393 1,2 Jagoe-Public Company Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and 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. 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: EDWIN M. SNYDER, CITY ATTORNEY BY.~ 3-0RD-BID 3393 Exhibit A BID # 3393 DATE: 09/13/2005 Hot Mix As halt Concrete EST. ANNUAL TY. Principle Place of Business: 1 50,000 tons A Hot Mix Asphalt Concrete (PG-64-22) pickup at plant . (Patching or City Crew Installation) B. Hot Mix Asphalt Concrete (PG-64-22) FOB Delivered For the purpose of low bid determination, a $0.20 per mile charge will be added to the unit price for each mile from 901 Texas Street, Denton, Texas to Vendor's plant Address: 2 1 Addition per ton for installation at City of Denton job site. . (0-400 tons) 2 Addition per ton for installation at City of Denton job site. . (400-999 tons) 3 Addition per ton for installation at City of Denton job site. . (1000+ tons) A Hot Mix Asphalt Concrete (PG-76-22) pickup at plant . (Patching or City Crew Installation) 15,000 tons B. Hot Mix Asphalt Concrete (PG-76-22) FOB Delivered For the purpose of low bid determination, a $0.20 per mile charge will be added to the unit price for each mile from 901 Texas Street, Denton, Texas to Vendor's plant Address: 1 Addition per ton for installation at City of Denton job site. . (0-400 tons) 2 Addition per ton for installation at City of Denton job site. . (400-999 tons) 3 Addition per ton for installation at City of Denton job site. . (1000+ tons) Vendor's plant to City of Denton destination is _ miles. Shipment can be made in order. *Prices shall be bid F.O.B. Denton unless noted otherwise. days from receipt of Jagoe Denton, TX $35.00 $39.00 3020 Ft. Worth Dr. Denton, TX $16.00 $9.50 $5.50 $42.00 $46.00 3020 Ft. Worth Dr. Denton, TX $16.00 $9.50 $5.50 3.5 3 AGENDA INFORMATION SHEET AGENDA DATE: October 4,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 ACM: Jon Fortune If SUBJECT Consider adoption of an Ordinance accepting competItIve bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the off site purchase of motor fuels; providing for the expenditure of funds therefor; and providing an effective date (File 3389- Interlocal Agreement for Remote Site Fuel Purchase with Tarrant County, contract awarded to Barney Holland Oil Co. dba Fuelman/Gascard of DFW in the annual estimated amount of $135,000). INTERLOCAL AGREEMENT INFORMATION File 3389 is a proposed contract through an interlocal agreement with Tarrant County for the acquisition of motor vehicle fuel using the Fuelman of DFW Agreement as awarded by Tarrant County on May 21, 2002. Fuelman of DFW is basically a charge card system honored at multiple locations in the city for the purchase of fuel only. It monitors fuel purchase, transaction processing, and management reporting services at a cost of the OPIS Rack Rate weekly average (same as City's existing fuel contract) plus a mark up of 12 cents per gallon. As the City of Denton increases its use and demand for alternative Biodiesel fuel, the ability and desire to dispense regular diesel diminishes. This agreement will allow motor vehicles and equipment not suitable for biodiesel, access to a convenient source of fuel until they are worked out of the fleet. This group of vehicles is primarily made up of smaller type diesel engines used to power mowers and other maintenance equipment. This fuel dispensing system will also allow Fire, Ambulance, and other specific emergency equipment to refuel without leaving their assigned district. In addition, this agreement will allow for an in place emergency source of fuel should problems develop at the Service Center or Landfill. Related but longer range issues are the City's limited and fixed capacity for fuel storage, the pursuit of meeting additional fuel demands, and multiple fuel sites located at various remote locations within the city. This need can be met by participating in this interlocal agreement for fuel purchases with Tarrant County. An alternative is for the City to design and build additional fuel storage sites that meet and will continue to meet EP A regulations. This option is being considered at future City facilities, such as the Public Safety Training facility. Agenda Information Sheet October 4, 2005 Page 2 PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98-175). RECOMMENDA TION Award to Barney Holland Oil Company dba Fuelman/Gascard of DFW in the annual estimated amount of $135,000. PRINCIPAL PLACE OF BUSINESS Holland Oil Company dba Fuelman/Gascard ofDFW Fort Worth, TX ESTIMA TED SCHEDULE OF PROJECT Vendor pricing will remain firm through May 21, 2006. FISCAL INFORMATION This acquisition will be funded from Motor Pool account (810001.8535). Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Commissioner's Court Agenda Sheet from Tarrant County (Bid 2002-087) l-AIS-File 3389 Attachment 1 ......... .~~ .~ ...~.:..~..:..!... . REFERENCE NUMBER 2-f COMMISSIONERS COURT COMMUNICATION PAGE I OF 4 DATE; OS/21/2002 . SUBJECT: RFP No. 2002-087 - RFP for FLEET FUEL CARD and MANAGEMENT SERVICES - Countywide COMMISSIONERS COURT ACTION REOUESTED: A WARD TO BEST OVERALL PROPOSAL MEETING SPECIFICA TIONS. It is requested that the Commissioners Court award RFP No. 2002-087, RFP for Fleet Fuel Card and Management Services, Countywide to Barney Holland Oil Company d/b/a Fuelman/Gascard of D/FW at $0.12 per gallon added to the weekly OPIS Rack price average. BACKGROUND: Notice of the County's intent to bid was advertised in local newspapers, as required by State statute; shown on cable television for two (2) weeks; and posted on the Internet and at the Fort Worth Metropolitan Black Chamber of Commerce and the Fort Worth Hispanic Chamber of Commerce. Twenty (20) vendors were contacted and requested to participate in this proposal process. RFP specifications were mailed to three (3) firms. One (1) firm picked up the specifications. Three (3) proposals were received. Proposals were evaluated by an evaluation committee consisting of representatives from the Sheriff's Department, Auto Theft Task Force, District Attorney/NICU, Precinct 2 Maintenance, and Purchasing; as well as two (2) representatives from the City of Fort Worth, which utilizes this contract through an interlocal agreement with Tarrant County. The evaluation committee's findings are as follows: The proposal received from U.S. Bank Voyager Fleet Systems, Inc. of Houston, Texas, is considered non.responsive, because the vendor is unable to base their pricing on the OPIS Rack price, as required in the specifications. Additionally, U.S. Bank Voyager Fleet Systems stated that Tarrant County would need to negotiate pricing at each individual station. o APPROVED DISPOSITION BY COMMISSIONERS COURT o OTHER [describe] SUBMITTED BY: PUl'ehasiDl!: PREPARED BY: TIm Jones 'j ~:r ~.""r:l) . t .. / .'''~. * .~.' ......... COMMISSIONERS COURT COMMUNICATION REFERENCE NUMBER: 2-f DATE: OS/21/2002 PAGE 2 OF 4 The proposal received from PS Energy Group, Inc. of Atlanta, Georgia, is considered non-responsive, because the vendor is unable to restrict purchases to fuel only, as required in the specifications. Cards issued by PS Energy Group would give the card user unlimited purchasing ability of all products available at any given location, which would include the purchase of food, beverages, tobacco, and all other items. The proposal from Barney Holland Oil Company d/b/a FuelmanfGascard of D/FW meets all specifications. Use of a Fuefman card is limited to the purchase of fuel only. Fuelman has been the vendor under the current contract for the past four (4) years and has provided very satisfactory service. Their proposal price is the same as the current contract. Therefore, the unanimous recommendation of the evaluation committee is that RFP No. 2002-087, RFP for Fleet Fuel Card and Management Services, be awarded to Barney Holland Oil Company d/b/a Fuelman/Gascard of D/FW at $0.12 per gallon added to the weekly OPIS Rack price average. FISCAL IMPACT: Tarrant County's expenditures last year were approximately $124,000.00. This contract is utilized by six other governmental entities through interlocal agreements with Tarrant County (please see attached list). REFERENCE NUMBER 2 - f PAGE: 3 OF 4 DATE: OS/21/2002 Entities Using Current Contract The current contract is being utilized by the following entities. The dollar amounts and number of fuel cards required are the annual estimates from each entity. This should be considered when determining pricing for this contract. . Estimated Dollars Entity Spent Estimated Number Of Per Year Using Fuel Cards Cards Tarrant County $124,000.00 145 City of Colleyville, TX $88,870.00 134 City of Forest Hill, TX $50,700.00 63 City of Fort Worth, TX $867,300.00 1,160 City of Keller, TX $22,300.00 155 City of Piano, TX $1,200,000.00 900 City of Richardson, TX . $36,000.00 15 Total $2,389,170.00 2.572 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE OFF SITE PURCHASE OF MOTOR FUELS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3389-INTERLOCAL AGREEMENT FOR REMOTE SITE FUEL PURCHASE WITH TARRANT COUNTY, CONTRACT AWARDED TO BARNEY HOLLAND OIL CO. DBA FUELMAN/GASCARD OF DFW IN THE ANNUAL ESTIMATED AMOUNT OF $135,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase off site motor fuel in the annual estimated amount of $135,000 from Holland Oil Company dba Fuelman/Gascard of DFW under competitive bids received by Tarrant County in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION 3. 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-File 3389 ~ .. AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Airport and Transit Operations ACM: Jon Fortune, Assistant City Manager Pf SUBJECT Consider adoption of an ordinance approving a commercial operator airport lease agreement bctwecn the City of Denton, Texas and GCBSXX LLC on approximately 0.7805 acre of land at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board has reviewed and unanimously approved (7-0) the proposed lease agreement. BACKGROUND GCBSXX LLC wishes to lease a parcel of land totaling approximately 34,000 square feet at the Denton Airport. The property is identified as Lot 140 on the 2003 Airport Master Plan. The terms of the lease will obligate GCBSXX LLC to construct a hangar approximately 10,000 square feet within 720 days. This facility will be constructed for thc purpose of commercial aircraft maintenance, commercial and general aviation storage and flight instruction. OPTIONS 1. Approve the lease as proposed. II. Provide staff direction with additional lease options. RECOMMENDA nON The Airport Advisory Board has reviewed and unanimously approved (7-0) the proposed lease agreement. Airport Staff recommends the approval of this lease agreement as proposed. ESTIMATED SCHEDULEOF PROJECT The lease would become effective October 4, 2005 and continue through the 3cd day of October 2035 (30 years). The lease also provides for two successive option terms often years each. PRIOR ACTION/REVIEW The City Attorney's Office has reviewed the proposed lease. The Airport Advisory Board has reviewed and unanimously approved (7-0) the proposed lease agreement. FISCAL INFORMATION The lease rate for the identified site is $0.17 per square foot per year. The lease rate for the first two years will total S5,780 per year. The lease agreement provides for rate adjustments, Consumer Price Index adjustments, every other year for the tenn of the lease as per FAA requirement. EXHIBITS Ordinance Lease Agreement Respectfully submitted: Vd&~ Mark Nelson Director of Airport and Transit Operations 2 S:\Our Documents\Ordinances\05\Airport Lease-GCBSXX.doc ORDINANCE NO. AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND GCBSXX LLC ON APPROXIMATELY 0.7805 ACRE OF LAND AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Manager or his designee is hereby authorized to execute an airport lease agreement for commercial operator between the City of Denton and GCBSXX, LLC on approximately 0.7805 acre of land at the Denton Municipal Airport, in substantially the form of the Airport Lease Agreement which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY 0~~1 Gens-xx Ltc::. ,:730 Sp:!r'..:ln,Ui.\;<;i:- AGR,IJUC AIRPORT LEASEAGREElvfENT CO;VIMERCIA L OPERA TOR This. Lease Agreell1eht is,lnade'tmd executed to lle .effectiveuS Oflhe FoUrth dily of OClober,2005 (the "Effective Date") m Denton,Texas, by and Qelween the City of Denton, . Tex3s,.a'municipal :coi'pomtion, hereinaiiertcferrcdto as "Lessor", ,hod GCBS.lGX LLC, hereinalier refen'cd to as ': Lessee", \VTTNESSETH: WHEREAS, LessOr now owns, cQnlTolsrind operates ihe Denton Municipal.Airpoii (the "Airport") in the tit}. ofDentDn, County oJ' Dmton,SIi.lte of Texas; and WHEREASi.Lessce dcsiresto lcasc certoin premises at the Airportan(honstmct and lnaintair}:an aircraft hangar,:and rclated~'aviation~facjlirics theri.'on:' " " :,.' . i. . "."'" ".,. ,_ _ '. NOW, THEREFORE,for and in consideration,;r the promises Llnd lhe mutual cov"naptsconl~ined in this AgrcCli1ent, the.partiesrlgree asio1l6ws: .1. COi\JTI1TI()NS OF LEASE ACifl f'FMFNT NOTWITHSTANDiNG Am' LA1"\rGLiAQE TO Tf:jE. cpNTRARY HEREINAFTER <::ONTAfNED, THE LANGUAGE IN PARAGRAPHS A.THIZOUGH DOl' THIS SECTlON SHALL BE BfN"D1NG. A. PR1NClPI FS OEDPFR "TIONS: The right to conduct aeronautical and related activities for fumishing se.rviees to the. rjublic is granted to Lesse"$~bject to Lessee ugreemg: .1. To lilmishsaiu services 011 a fair, equal ,ihdndl lJnjustly discriminatciry basis to all users thereof: and 2. To charge fair, reasoilahleimdnot uiijustly disedminalory price:; [,)reach unit or service; provided, that I.e,ssee mill' he.allowedt" make reasonable and riohdisei"ill1inatotydiscoullts,relJatcs, orotht;r ~ii11ilar types of pt'ice reductions '(0 volume purchasers. . B. i'liON-rllSC'R 1~.lIN ATION:Lcsst;e, f(x itself, its personal representativcs: Sl1CCCSS9rs; ';,;1ti4 '_.assigris~ as, a pill1 'of the l'on~iderati()n here_of :'does hcrcpy 'C,C)ycnant and "agree asa coVenant rWlll1ng\\,;hh lhclariclrhat: I, N'l jJersoJi 'on the grounds()!' raee,religion,color,sex;,or riational (;rigin sh<lll be excluded from participation 'in, denied the bellefit~ 01; or be other\vlsc< subjected to discrimin,ition in the use of said f.1cilifies: . . ~.' '",'" '- ..', ',' . ' '.. ... -' ., . , 2, brtl}(c~:U(S11:~,c;tion()fnl1Y impro\!e'm~l1ts <::H1~ 'O\:C:r~> orundeI'.-s.uch Iimd and the' rumishingofsc,vices. thc!'co!l, no pei'son ,on thegiOU!ldsonace; rdib~OI1, ,eo16r, seX, orhalioI1al origin shall.be excluded D'om .pm1ieipation in,denicd the benet!ts 0(01' other\\1Se be subjecte,i to discrimination; , . -,. -.-, ,'.. c.... " >.'_ '.__,.-_ "..... ", r 3: LcssccshallllSe the prcmisesin comllliart.ce with alloll}cr rcquircm~ms impOsed byorpbrsLiamio Title 49, CodcofFederaLRcgulmio!ls, DepaJimcI1t of Tran"lxH1ation, Subtillc 1\. '()n,ee of the Secretary, f>~t1.21, Nomk;erinli' nation in Fecler~llyassistedprogiams of the D~Jlamilcrit ofTmnSJlortatioil . Effectual ofTitl~ VI ofthe Civil Right, Act of 1964, as said Rq,'l!latioTls may beamctld~d. .', . C. RIGHT ()F IND.IVIDlIAfS Tn l\'l,\I~rTAIN f\[RCR,~.EL It is clearly ,understoQd by Lessee that nO right or pri\'ilegehas been granted ,,'hieh wouldopet:ate to "preVent any persOl1~Jhul or corporalionopemling aircraft on.ct1w; Airport ff~}I11.. performing. any.scrviceson il,own,airerari with its own regular ernpl()yees (ineluding"hutnrit.li'11ited to, nluinrcnrul", inid repair) Ihatit maY choose [a perli,ml, D,NClN.F2CCllisrVF IUGHI, .It isuhderstoodand ai.rreed that nothing herein conlained shall be constnlCd to giant or,authonze the b'fanting of an exclusive right within thc;ml-'aning (lFl)t1e49 (J,S.<;:. Appcndix*134?, .' '. . E, RUBIIC ARFAS, l.. Lessor res~rves the right to I'urthcr developorimpruve the la11ding areaslHhe Airportnsilsecslil, regardless <lfthe desires or \1ews.ofLcssee,and ,,,ithl1ut interference or hindrance. 2. Lessor shall be oblig.:ited III maihiaioand keep ing()od repair the landing. area onhe Airport and all publicly owned faciiitieso!' the Airport, toge,ther with the right.to dirc,clund control all,activiti~s of Lcsscc.in thinegimL 3: During time of war or n~tiollal emergency, Le.Ssoqhall have.the right lei lease. the landing 'urea or any part thereof to the United . States Government for niilitary or Il3val use: and, if' such lease. is execuled, the prOViSlOI1S of.this iIisH1m'tC'nt insot~lr 'as t1iC):at,'c iI~t:6n;;jstent\\ith'rhe-provisi6ilS J)f the. lease to, the G()vemment. shall. be suspended, 4, '1.<'$$& rescrvi:st1te right to take uny action itcollsit:!crsnecessnryto prolect the 'aerial apprnadteS9fthc i\irpbrtagai1l5t 9DStruclioll, t6gethdr \vith lhc.right to pnJVCnl:~ Lessee'.fh:>ni' ercding,or penT;'} Hin gto:be Cf1.,"'C(cu,:aoy'b Ul 1m ngur ,otht,!' struCll1rcon ormljacent l() the AIl11OIT,which,in theoljinjon;of Lessor,.wpllld )imit-tl:!e'uscfil)rics,S 01" ,~_3jCty of th~, AiqK~n, or:cOJlstitutc;:} ha1ardto 'alrchlft OJ" to aircraft navi,gnHon. J:hchrtngarlotTkdsh9P complt:;x-,~s cllrrcn,t1y pr~1n0seq -if:;, pr(}vid~d'in:?(:cJi9n:rLD,does not'violmc'lliisprovisioIl,_ . 5: This [ease AgrCl';tl1erit~hal1 be subqrdiililk,i,trie J1rovis!oDs.(j!,:iny existing ,}I' i:>::2.SXX ,~'l!:C< lbtllre,.Uj,rreClTlcm bdween Lespor alld the. United S.talCsDragencythereof; rchili';e 10 the operatloll or maiitltnance o'fthc i\irpori" If. LE:.\SEDPRFMJ~ES Lessor, lor illldin ~ol1sideration ofthe covenantsand.agrcell1cnts hercin containccl, to. bckept by Lessee, does hereby dcmise und lease untO Lessee, <tnd Lessee does hcreby lease ITom Lessor,.for tbe lease leon described in Artide lIf. thcfolldwinl! desclibed lal;d'situalccl in.Dcni611 C(1l1nty.Tex1s: .. . - i\. LAlill. A rdet6fJwld; Dcing approximmCfy 170 . l'ecl by 200 fector 6.7S05apc, 'drawn~lld oiitlincd on Attachment uN', and legally ~escribed in Atlachm,nl"'B"as .Pared I., suchatlachmcI\ts beilig incorpOl:ntcd hC'rcin by reference {thc"Lea,ed Premises'} Together with the rigbt ofiUlo'I'eSS and'egressto the Leased Prciriises; lmil the right in c()imlwll with othc.., soiwthorized of passage uplJntbeAirport property g~llemlly, subjcct 10 reasonable rei,'Ulations by the City of Demon'aml such j'ights shlifl.extend [0 Less,e's employees, pU5sengers,pmrons.mid invited. For P(lrpO~CS (if this ugieclilent, thetcrnl "Leased'Premis'es" shall mean alLpropcrty located.wilhin the ll1etes.and bound~described and identitied wiqlin Atlaclllllenl "8", including leaselmld impro'icmcnlS cl)ruitructed by the .tC55CC, out not iilClilding certain easements or propert)' owned andlor comrolledby the: Lessor.' , B. I.Ml?ROVt:;ViFNTS !'ROVIDFnw;' T ESSOll: NQNE: imprO\'.cI'.1e.mS provide'\! by LCssgr, exc,plas ~el fort~inArticJc ILF-. below. '. I'll ere \Vill.bc no ~'.' "'. .' -' " .. "Access to Utilitics"- The tel1Ti"Lcs~oritllpr()vemetits"'i;hfill mean thDsethings on 'Or adjacent 10 the . tcu.scd Prcmises belonaiJ12 to, COllslructeclby. ano be constnlct<.'{1 brlhe Lessor.Unlcss othenvise notedhcr~in,~all-Lessor impr(]vmllli~ts arc and williemaintl;e pro!\crtyM I.";;sor. All Lessor improvements must be de,;cribed in delfiil above,.or above'rderencedand uttached to lhis Agreement in an eXhibit iJppnj\!t)d.byLes~or: . D. 11\.lI'tlnVF1\'IF~.is PROVIDFn.m.:,LES''ff' On tlieLca'"jd Prer~lise" Lessec shalf construct a'hangarllot lesslhan I 0,000 ~'1um'e feeT \vithhxiway i1(:ces~. Lessc0 shall also construct appropriate euh'erts or ,drainage as required by Cily (;rdin,inces in themility right ofwav'~(mthalld nOl1h ofllle pr(!poscd hangJJ'as welf as other iniprovctlleJ1ls' as determineil ncce,;sary by.C;ilY ordinances (Ail abovc deseribcd improvt;ments':,m b~ con~tructcd by. LC$see';fuoe called the "L~~s(;e}s 'Irnp^rrr~'emcnI5~} C911struet,oh (;1' I.essee.'s ltnprovement!; shail be eommcllccdno later. than' 270 days (the ':Cnmmencemem Perioil'') and mmplctcd no Imer than 720 days: afIC r Ute Eifeclivc.Date (the "C:9n'lrlidibi~Pcriod"). C9nstnlcticiti of lessee's _ Iml"!Wememsare eonsidercd commenced upon issuance of a buildulg peon]1 and constructiQn of allY portion of the proj)o$(,jJ improvCli1ents.; COT1~lrlictiqn pf L_csscc's'unp'i6\,'(:lllenl$ are considel:fd.-ccHnplcte upon the iss\lanccofa. Certific;-ne of Occupancy-J{)r't,he entire hang~l1', -dralrw.gt)wd utilil)' l!TIprqyemcnt.~,ln-~~qditipn: J$ a conditiorl ~prcce~~nt -to thccffc'cti,'c'ncs$ of this Ll',l~e GCES:-::,'\ L:C . 5- ?tl{l $::arr.an' AS'Tcement, within 6QdaY,safterlheEfFecth'c l)~tc ()nili" Lease,AgrcehleliL Lessee shilll provide to Lessor (il a \\.:rittencstimate of thews, lOeorislruct Lesscc's-Improvemcnts prepared hya'c~ntlaetor,who hilsdemonstratcd,cxperience in lhe,success(ulconstrucrion of iml'rovenlcnts similar t(j LesseC:s'Im-provements (the "Colistrllction Cost. E~timate'). (il) a writlenschedule o[construclion to COlllplcwt.essee'sltnproven)cnrs, and (iii) a wrilteh l(>on, ,C':linllliunenl hom a lending'ill~titutlcinprovidingtor suft.iciclufundiiJgto COWl' .thl" Construclion CQslEsliolate ,{called "Conditions Prcctlltnt")_ Should ,the Conditions ,Precedenl not bsmct ei,the: p::utythaf J,jmlinatethis' L'-'os'LAgrecll1cfIlbYl,>iVjng the ,other pillty \vriuen r1lltk~; in whiehease this, Lease Agret,111ent shal!be nllll'<lndvoid and of no funher force and drect : Suchtel',minution ~hallnot prcvenllhe Lessee trorh 51Jhmittinga, ne\v proposedleis:e r~'qllcstal a later date, The parties-may'exlcndthc 60 day time period if in writing signed hyhoth parties, Lessee is nl.H cntitlcdto take possessioIlof the Lea~ed l'rcmisesunder this lease Acreemcm umil the Conditions Precedent have beell fuHilled_ ~.', " j , > "',. . , . '-' ,,' ,. -- ", J [I 'I , r; II h n r\ il H I! il Ii I; 11 Ii f} I; ", I 11 )1 ,I Ii II H I: !~ D 11 f,~ Ii ~ I) II I II , I J i NI~twithstanding'mythihgcoritaincdiit this Lease !~gn'cnlentlothe ctlnfrllrY; 1I failure to comffiencl'the'Les'see's fm!lrOVemCllls within the COlllmencement "eliod or to complete the .Lessce's, lmpr.oycmcnls ~':ithin the C~nstruditOn Period illa~', ,11 the sole ,!plion and 'discretion oftlie Lessor, result in tlteimmediate terminalion and. bncell~tion of this Lease Agreement upon 311 days\\'ritlen notice ,of cancellation to ,Le~sce. I,n ~uch en~e Lessee's rights nllderlhcLease Agn.emcnl will illlmedi:llely -CC;lSC -anti be forfeited', und lill_of Ll'ssce's fmpl'OHments shall immcdiateJybecome the propel'!)' of Less~r at no eost, fCxpcJ\se or oth.ercompens~tion P~Id by Le~S(lr l~ Lessee; nnd Lessee shall .imineuiately vacate" the Leased Premises. ' E. E.\SFMFNTS, Lessor iind Lessee bv nIutltal acrecnlClit maveslablish, on the , . < .' ,_..' ... ...,' _ _ . . ..... d ,~ _, LCllsccl l'remises, easemenls for' IlUblic "cccsson roads and taxiways, F,ACCES~ TO 11TH JIlES. [e:;so1- h:presems thatthcre (\rcwater, :;ewer, natural' gas.and electricity lines within close proximity 10 the Leased Pn)llliscsavnil~blc to "tap-in" bv Le~see.aJ1d thaI the sarhe arc sliftleienl tor' u5uill andellstlimarV'scrViee ',Oll theLcased . -. ~ -.' - '.. . '- ',,', - . ,"".- . - , . ,.... . -.- -,'. - - . - . '" ,', ", !>remises, III. IEkM' C'::3S:':;': L~C . " ,: i; ii. sj J1 ~M IT) q 11 ftL 'I 11 11 Ii tl Ii tq !1 L'I p The ((JIll of thi:;Lease Agr('l~nenl sh,til be for a pcritJcJ ()f thinyJ30} years, "0111- menclng on Ihe,l ,,1 dal' of November, 2005 and conlintling through the 31" cia" 'of October "D03_{nnless ""rlief tcnniTiaH;d ul1derthc Pl'ovi:;ions of~he le,;;" i\gi-eeine~; (the "Lease 'Te'nll"), Lessee hiLS theoOlion to renew lor two (2)adJiiionnlten 0 O'lvcar tcnus_ In order, , , . . '.' ,.. "-"' , ",' . , to exen:is,c' the Dr~t,?pt!~?nLess('c nl~lst prdvide. \\Titt~n n()ti(~c, J(l-Le~s('r'ofi(s 111tcnt Co exercise the l1rsl 10 year option no bter rhan 180 day" belf.)re the, expiration of Ihe 3D year' prilnary.tenTi: ~t6 exercise "thc'secoIif! opponSUCh\\TiUeH'I:qtkc'in~st bcjJ[b\.id~J, 110 l~Her ,than I SOJ:lnysbel{)re IheexpiraliCiIl of the iil',[ ] Oiear optio',.) tC1-nl.,The'renral and terms to be negolliitecf f()f-,thc opt'lort.teI111s shall'be n::asonable il)l~l csm~istcm with lht: tJien ';~lu~~ l:cmals [Inti tenus ofsimiilll'propeI1yonlheAirport. I"~ ;cl L' IV. ~'IECiIS.-BFNT.;,t SANn Ft'ES Les~~c~9ver,Jantsahd'ggrccs to payLessor,m; considei:atioll tor this Lease Agreenlcnt; tncli!lIo\vingpa)1ncrils, rent~ls.and fees:' /\, 1 ANn <\NDRF1\iTAJ RClltalshal! bcdllcand payilblcto Lessor in 'the S\1m of SCU 7 per square fONor SS,7SQ,QO perycllr (the "Original Rem"), payable in lwelve (I2) eqllall)lqnthly iristallmentsil; tl;esmuof th~cc hundred sixtY-one dollars and twenty. five. cents'($4S1,67) in~dvance,. on or bcfore the 1st dav of cach and,cvcry month durin!! the' . . " " -'-, '"., ,. .. -, " - " . tem] ofthisLe"se Agreement. L~see hasthcoptiolJ 10 pa)/aiulualrentals'aildfcesin.whole oiliJrbelore'the 1st da)' OfOl'tober, at UlL'beginningof.the City,'s'fiscal year, caeh [md every ycarofthisLease'Agreemcnt. " NOlwill1standing the fnregoing; the annual rental will be reduced by the elHTent Ica~c rak PST squurefoot, as adjllsted bf th0CPI~q referenced ii! ~eeli()Il Jv',C:, tiineslhe !lumber of square feet ctimprising all easemenL<;establishcd in accordance wilhAniclc n (E), 8.. TFS,OR 1~1l?RDVF1'vlFNTSREJ:SIALS: NONE: improvemcms,on the Leased Premises,,' TI,cre arc no Lessor', ". .^. .,' . -.' ',.' . ,; '.' ,.' .. . C:PAY,\'IFNT, PFNMTY .\D1USTJ\!IENIS, Allpaymell!s due Lessor Irom Lcssee ,hall be, madero Less(jr at the,ofjiees or theFinunce De]laTllne~ltoftheCityof Denton, Customer Ser.~c<' DiVtsiol\,.60C \V61 Hickory. D'''lton, Texlc,;; unless othcrwise designated in writing bVlbe Lessor, 1r lJavments arc not received on 'or before the 15~' dav of thc' month, uji\'~ perccll! (5%,) pe;lultywillbc due as ofthe16tlr,lfpa"1llents arc not ;'c~ci\'ed by the firsl oftbe subsequent mO!lth. an additional penalty of o!lepercenl (I'~''') of the unpaid rentaJlfceamount will,be due, A une ]Jercem (I.~",)' charge will b"added on the first uf.each subs~-quenl month until the unpaid l\'ntalJfce pa)11lent is made, 'nle Origina]Relll tor the' Leased Premises shall bereadiuslcd at the end ofcach one ycar period during the Lease . " . "-' . ',: .... -- ,.' ',- <. ,'. - " '",: - ' '~ Terrl1 011 rhe-l):lsis (If the i3rooortion'that the'ihelLcuITcm Unit~d :'Statcs t~onsun1\:r Price lndcx tor ;lill1rban ~onsumers (-CPI;I}'1 for the DalIas-F"rt Wi1l1b Bureau ,of Labor Statistics hears to the,prcvious mId n'1<>l1th 2005 indcx(l\lareh), which was -L<;J...L( 1 ?82-S4 =1(0), Each, reinal adjuSlll1Clll. if any, shal] occur on the I s[ day of Novembcr, beginning 2007, and,every olhc, year the!eaHer on suchdme. ' l11e adjustments in the y"arlyrent shall be detem1inedhy ll1uirip]ying tlle Original Rem by a,'fraction" the nunlerator ofwhi~h is the index tiilinbcr for lht: last l1lonth priorlo the adjustment, and ,thedenomlIlmor of which is the index 11l1lnber ,applicable al the execution of this .Lease f,,\gl\~'611'lt:nL If'thcPTOdticf pfthisrtlliltiphcmion. is gTt~H~~ dla11 ,-tIi'e Originai Relll,-Lcsscc'shalI pay this gresteramount as 'the yearly rent until the time' of the next renln]\ldjustrnenl as called for ia thisseclion: Iflhc prodlictof,tbismultipliclition ,is less than, the Original RClit there ,shall. be no adiustlllcnt in theannllul rent atthal timc, . - , . - and Lessee shall pay the previolls year's annual rent llnti] the, lime of tlie next rent,,] ndjw;rmerit'?,c:ailedfoYin lhi,; seelif)O, In no e\'clltshall [my rentaladjustmcnt c"lled fo~ in this section result in un " annual rCIlt less than thtprevi9l.l?_ ye,~(s;1Hnu,ll rent,' The :Idjustmelll shall bc lim!kd so thai the annual r"ntal pajl\1ellt\lttennined for.nny,given GC2SJ.Z ~~t - ~78~ ,'. "," -~ ?~g17 :;, two'year perioo ,5h~11 not SX,<;eecLthe annual renlalpaYll1cm cakillatcd for the previous. CPI adjustment by mrire than 'twenty pereent(20%) percent., . , , ,. , If the c\msumer lifice index I;)!' ;)11 \trbnrl consumers (Cpi-lJ) for the Dallas-fort W0l1h geo!,'l'<lphiea[regioll,l!S compikd by tlieU.S. Dcpartment ofLaopr,Bu'reau of LAbor Staliolics, is di,continucddllling the Le2sc Term, the remaining remal adjustments called for in this section shill I be made using the lbrmula set forth above, bur by substilUting the index numbers lor the C9nsumer Price'h\de",Scascmally Adjusted U.S;, City A\.erage For All Items For All, Urban Consumers (CPl-Li) for the int]ex numbers t!11' the CPI-l) applicable to the Dallas-Fort \\!0I1hgcographidll region. If both tile CPj-U.tbr the Dallas,. Fort W0l1h gcoI,ir,';phiclil regioiland Ilie .U.S. Cily Average arediscontinuedd~lrillg thl' Lease Tel1l1,lhe remaining rental adjustments call"dfor in this ~ectiollshnll be made using ,the st~tistiL's ()f the 13urcint,df 1.:al1or Statistics of the Uriitcd states [lcpartlllcnt ufLabof,.that are l11os1nearly comparable to the CPI-U applicable t(> the Dalias_Fort Worth geographical .region. II'lhe Bureau of Lilbor Swtisties OfthelJnited Stlllcs Departll1tnt of Lab'or ceases to exist 01' cCases 10 publish statistics concc'ming tbe.purchasing powcr of the ,'OIlsumer dl)I1l1r .... . . -, . durin~ thel.ease Term, thC'renpining rcrltaladjti~tmcl1[sl'alled for in 'this sl'dil)n shall be Imide uS,ing, thC,.!flI!Sl nCi1rly comparable statistics published by:a ','recDgnized financial authority solected by Lessor. V. Rlli:HJ~"-AN[) OBl'tCLUIONS OF t ESsEE A llSFOF I FASFO PH F.vtlSrs., Lessecis granted thenon-exclusi\'c privilegclO cngaw...'{n ol,vner/opcrator activid~ .providing 1h~ toll,owil.lg;aviati.o.li-s.crvit:es: .. L. Hn!l~~',j- ~ilti (\fficcBr,.llP' I t':1~l11i!, Lessee'is,gnl~11r~, the j!(!n:,exd~sivc^~gh.t t.o rent hangar,ar)d'o:fn~e.sp{1~~:. . 2, CIeneriii ,\ ll-C'rniL\1alUll.:l11l.OCf:. ~cs~ce is grant~~1 the I1on-:cxdtisiye r,igh(~t{) ~oi1d llcfhiri'f'41ne ~lij,(t po\\:cr plant 'm aiDt enalkc. ser\iices> J, ',.t'4r1:Ii.ifJ S!lles Rnd. Rrnkt:rllg~ Lcsscc:'.i.~ .grii'ilicd !hc ,rioi;M.txdl!.~i.\'erighrl{) 'engage in the ~aie antIJor brokerlng of !liferaf1. A, -li.WQ.\mSi:ro.l:t.:s,.Less"ee i's~g,ramed thenon-cxclusivc right to charge tbr.tie- down s('rvice~ on Lessee: s propt'!'ty. '5,: ~E1ight Trh.ini'l:: S1l}d.Jll$Jrucliilll,.Ics~ee is [;r3.tued' the non-:cxd\1s1\'c :dghLto qpcram a'flight school, pilot shelp and to condl!cttlighlll1lining qperatiolls. 'Lessee. It, iemlms, employ<x:;, invitees and gucsts shailnot be authorized to COHliuCl 3n)' serViccs not spccificail;rlisldiinlllis Lca;;e}\grecl11em.-nlc.use (1rIJleLe[1~cd Prcmis,'s by Lcss('~: its tenams, 'clllproyees{invitces' or-guests shaH be lim.ited. tn only those private, tfHlll11CrciaL retail or!in{lustriaLactivirics hu\'inwlO dr:{\i.:ith or ['clatC.u toair:p<irtH 'and .UVi~l- . '. .. .. .' .',' ';'. .' "'.'. " ...... . .. . v.... ',.," . :.... "'.. ..' lion. E.,\cepLa~ spc'dftca[lY fillthorized,in this Lease i\greenli:'Hs no l)Crson. business or I.;Qrporation nUl,Y' operate.' .:tCOfDlp~rcifl!; ,retail or indu:,;[ri;~J blL;;ine~St!pofi .,lilt:' Lea~ed L2.C-';,"E'O L'2,3 :se' 11tH.:; ~ Prcll1ist~ OJ' lJpoli'the Airport \vithout a lease or license. hom' Lessor authorizing su~h" eommcrciaL retail or industrialaeti\ity, The Less'6rshilll not ilnrea,~(lJ1ably withhold" aurh6riiation 10 condu<.iilci'imauiicill oi' feIated 'sci-viccs, 13: sTANn'.\RQS; Less'rhhillllucetorex'Cccd the t(}llowing standards: I, 11.dd1:Css.. Lessee shill! fik with. thc,!\iiportMahager and keep cllO'Clll" its mailing addresscs, telephone numbers and contacts ,,:here il can be reacll~d in ,~H1 cm.crgenc~'.' 2, LisL Lessee shall file\\'iih the,Airpqrt Managcr and kcej):eulTCIlt j'[ist 6fils ,lc,iu,il, 'and" suhlcs"ces, to include: a list of aircraft 1\ndthe aircrilft's ,cOJTe~llonding aircTafiidenti fic~tion nU1I1DCr. 3, ,Cnndncl, Lessee sha!l conlm~tually require it, cmployeesand suble~sees (and sublcssee'sinvilecs) tn abide by the terTIi; of this Leasc Agreemel1L Lessee shall PJ'Olliptly enforce' its c()ntraCluaJ righi' in, lheevent of a default of Slteh covenants. 4, ,[iiilili!', ' TOJo:es..:anrl p,.,., Lessee shall meel'aH expenses Hnd pa)111ents in connection wilhthe use o(thc; Leased J~rcmiscs and the rights and.privilegc, lie{cin ,wanied;ltlduding,the timely pa)menl o(utilities, taxes,.'permit fecs, license fees and asses>menls Iawfl1l1v levied nrasiiCS5ed, . - . . .", ". ,", w ,', . " 5_ Lm:s, Lessee shall comply with all' current and future federal, 'state ,and loeal laws, rules and regulmions ,whid] may apply to,lhe crmduCl of.busioess clintenlp[ated, jiiCltHjing rules, regulations and ordinances promulgated by Lessor, and Lcs~ee shall keep in effect and post ill a pr~rnil)ent pia"" all .hecessary ~n~V9f requlrc~-Ili(:cnsesor penliits. 6, l'vr"iMtpn.1nw ULl'.rilpert;.', Lessee shall he responsible for thcl11aintenatlci:, rcpairnnd upkeep of allpropeny, buildings, stmctures and improvemellts, indud)ng'.,thc ,mow!.ngor" eliminatioll of"t:rTa.ss- <U1d ()iher vcgc,mt)on on the Lcasecll'remises, mid shall keep the Leased Premises, neat, clean nile! ill respectablecCllldil'iol1. Jrce Ir01nilnyobjectionaJ ll1JJter orU~ing, 'includulg tr:lsh.or dcbris, I,e.sse,;.ai.lTce.sllouq utilize Or permit otllers 10 utilize areas On the Leased Premises wbichare located.'on the outside of any hangar or building Jor thHlOrage ob/reskedorperrl1anenrly dis,iblcdaircratl,aireratt 'Purts, automobiles, yehiclesofuny type, or any,crher equipmcnt or,items which -waule! distract ti-,0111 thc:^gppcai',ulCC-,ofthe h:used lJrerhise;.,.. Less,cc 'agrees. thlllat no. time shall theLcllsed Pretnlse> bc used foLa Oea market typc 'sales operation. 7 'Pain I;"" nCBuildingo, During lite Lcnsc Tcnn of lhis Lc"se ;\gt'cement <1nd during c{~ch ext,t:nsior~~ Lessot sJmJl -iHI\'e the right to' rcqllirc~ liol fn()rc.. thm) once ,every JiVG y~ars.' that 'the- mct~l exterior of hangar(s) -or .bu!lding(s) ,,-G,C:3S:p: '" -170<0 -S;,~~':::::a:t Le.:i:?;~ ";.Gfk:icc- ?-'lg'E '7 IQcuted.oilthc.U'L,ed l'reinises bt;'repainted, The Lessor ma).' fcquircLc:ssc.e, to repaint. said eXl~rio r~a~cofding:toLcsspr, 'ssp~ci !i~mioM'( to ~ped r {co lor of pnillt qualit}' d',workm,iriship',and Jlleycar .und mOlllh'in which the hangar(;;) orbllilding(s)\are t()b.epl1i[Jt~d,if rieecled.) Lessee shall complete lhe paiiltingin ,accbrd!1ncc' Wilh :such specifications within. one '( I) year of j:c{'cipt of notice from Lessor. Lessee' agi-ees H) ,pay all. '~'Q};t$' and' CXp~1l5~.r inv(ilvcdin Umhangar orbuildilig ,iainting process, Failllre of Lessee tf) ,cotYlplcre the pai;)ling rcquired by Lessor, within the onc (1) year period shall con;;titute Lessee's ,defa)dt und('r thisLease t\giccincnL' , . . 8. (fn~l1ihod?-e(hl~~~ n(( 1'!)scdJ2r~'qi~~-'~: ,Le's5ce, m~y nqru~c;:all): 'ofti1c Lcased Pr~:rn.i?es fof:ntl~' use n0l autfi'or1zed he'reii~ u11l"-..;;;s Lcssor,gi:vcs'LcssC:oc_,prior ,\\~[itteii appro'>al 01' such'additionat.us~,. \Vilh~ut limit[ng'thc:t~)rego.ing_tl1t; Le,ls~dPrelllisesshal\ nut be IISecl tor the operation of ~.ill0tel, hotel. restaumnt, ~irivate. dub or hal', ;'ap~rll11el~1 . house, storage of !'ecrc~lion~l vehicle.s~ nutomobile~, or ma~0c vehicl.es~' br)brjndu,~tri31!'cDniInct~iaL i~tai!, .'11' ntherpllrpos'es; exceplas.Huthllnzed herein, 9, D.\V.ellin~~. H.is expressly uncletst()ilcI hndagl:eecllhat nod"'elling ill: dOmicile lilaybebuilt, moved to urc:itablished on orwithill Ihe LCllseu Premises nor may l<;ssee" its lcn_antg~J~':mpl()yce~~'invitt:~s~orb1u~ft.[S be pennit~cd to. reside Or reniain.Hs nresident on or within tbe:Lcased Premises or other Airp011 pren)lses. 'Lessee may' have a pilot. lounge; indiJdit;ff^fcst;-pqni< ail~l sl1()wei" facilities 1()r,\1se by tlight ere\\' andpasscngers. 10. ,QuiLE.(""",~iilll.lcm:e sball'quit pussdsionofthc l.ea~edl'rcmiscsal the end o( the "Lease Tel111 'or 'any'rene\\:a] or extension. thereot; or upon cancellation Or tenninaticlJl ofthc Lease Af,'Teemen/, and deliver up lhe.lease Prelnisq~ !O Lessor in as' g()(td:'conditloIl Its' q:istbJ \~'hCll l,ossessi<m W;:Llj taker} by Lessee, reasonable wear and tear excepted.' 11. I nd':')1ni I)'. LessecnllJSt indemnify, hold hamlless and defend'the Lessor, its onlcers, agents and employees, from und agamst;liability lor allY rindsll claiJ1is~ lieiL1' suits, dcrhal1ds ,and!~ll~-;,H.:tiQns''for danl'lge5~"injurles topcr;sons (intludingdemh), propenydamagc, (in<:lulling k\ss of use), and expenses, )ncIudingcourt co~t$.~t~torlle)"s~ 'fe'es' and bther reasonable costs~, ()ccasioricd bv-or lndd~ji1al to thcLcsscc's ,Qccupanc\' nruse of the ,LCllscd Premises or the Airport,.:uidl()r'acti'vitie.5>condt~,c:[ed 'in ~OilnC(;ti011 wlth'or'lncider}tul t(llhis:' L.<,'asc Aili-<:en~ent, inc'ludinQ,alL'~uch c~uses o(~ction .based on cornman., . , -.',...., -", .. .. ''-^ cOllsiitution31 orslatutory law, Of based in whokor iri'part upon the negl,ig~nt ol'^'inl~r.ui(mal :a'CfS'.,or (lillis:siOlis of" Lessee., tiS,_ 'officer:;l:agents',emplpyccs,~ < invitee::; or other perS()ll~. Lessee: rnust al ':~dr drnes:',e.xercis~ ,TctLsOt1Uble precautions pn .bebalf.o[ ,and be solely feSpOllsibktor, tbe Salt;EY <if its " . . - . officcrs~ .C1hployeb! age:nt51 customC'fsl vlsitnrs, 'invitecs, iic~nsct$ 'and o'tlier ';p~rsons".~t~':wc:ll as their:,p.r~itJt:r~y: \~..!1ileil1,'~ OIL qr")nvolve(rrn ai1'y \ij:1)'}vith' lhe, llse of [he' Leased' L1rcmiscs, ol'llC Lessor i-; not. liable or rcsponsibie for L::~',- 4 SQiL:::t-iL"':. 'U:;j:.;~f.G?Hdj=,~. Pfig;;.: '0 [hcrI1cglig~nc'c, ,or" in~entidmiJ 'dds 'or cllii,isskms of .the LeSSee'; jts ofticers~ Hf.u:nts:'cmployces; ~igcnrs: customer.:;, vi'sitors.a~d',,?l,hcr p,~rs~ns. ThcL~ssor; shalj'l.?fllme n.o rCfpqnsibilily of'liapi1ity for hnnn,jnjurior ?Oycl,lI11aging .events i\'hich nrc dircctlyor indirectlyattriblltable to premise defects, whether real ,orallegfd, \\;hic~,thay I1(JW e,xis\. or'II'hich may h~f~Hlcr.,lllise uJlOn the Leased Pr6nises, respOJlsibilitv for-all slIch defects being expressly assumed by the Lessce, the Cessee agl:ees thaltllibndell1nity pl'L;\'ision:lp~lies to. all, ,t:lainis~ ,~SUj.tS:1 d,eni~lf1"ds,., and ~lctiQti;;,afisii1g> froin till pr'emisc acfcclsor ,conditions_ THFIFSS,t)[< ,\Nf1 TB.L.LFSSFF FXERESSI YtN'I'FNIl..J.BlS l.1illEo.\JNITvPRO.\~IS.!DN TO II FQI HRE....]FSSFF TO":"lliDFMNII,''L ANJl pQ01TrLI.liUFSSOR'FROM..:Tl:Lf. rciN<;r:Q.UENCE'; Or-TIlE LES.SD.fi 'S O,We.' NH;I fnFNC'F Wl:llLLLES<nR..Is.~EARTI(:tPATj;"G ' TN THI~ I EAS.F MiRr:FMENI WHF1~E...:n{,n N"FGllr.r:NCE..IL>\ '.c.D.i'I.CU.RHINGi'~IISF OF 1'1'11' tNlliRY.tJF..\THfiR-D...\MA(iE, lli1I.WITI"<;L'u\'DfN(; 'I'll I' TERrv1S OF' IHE PR pnml'K! SF1\'TFNrES nlfS INI1FMNlIY PROVI<;tON...D.QES NciT "'PPI 'em ANY CL.M)vl IO<;S O..AM~GF CAPS"E,_DE I\('TfONSIIILAL'ill I IARlTIT.L..\\~l:IFRF:rHF INIURy""'f)FATH flR~O&'vl'\C;F 1I1o'<;t11TS ",f<ON! TH"'..SO[P NFr.LLGE~CF.OF THF I FS~OR OH~NY OLlIS RIELm'pps.. ('ONTR,ACTOR S. OR' AGfu..'D'S.liNMIXFnWITH THE. I" A I IT T OF i\Nl:"'O:r.HERJ~E1l.SD.N~fm::. .. 12; Chemic"k, Lessee agrees topropcfly SII)!'e,tolleCl ahd dispose ofali'chcmieals llncI chemical re,icIues: to properly store" conline, collect ;and'dispo5c :01' all. paint.including pain! spray in the ,nitilosphere, ai1cI paiill proclucts;:anriio mmply with alL Local, Slate lltld FederaL regulationsgoveming the stor~ge, handling or disposal of such chemicals and paints, fLul];':r, lhe Lesseeshallbe . ",- -'... -. "c,: "c."., .. .- .-_,'"_,,,," solely !'csp''llsibldorall discharges, whether.occidental or intentional,orany chemical ,and t''lr the :costs associated with the' cleanup, remediation and disposal Ofslliu chemicals. u. " ,_ " .' _,,_ ". 13. Haztlt"dnll' ~,cti~~itiC's_: ,_ ShSHllq ~~ssccviolat~a!l):_ -Ia~:', ruts:' rCSim:.;Hon 'qr . ~'eglllatidp or the City of De!ltoIl,or the"federal- fA.viaiion'AdministTalion~ or any . other ,regutatory a:u~t1lOdty,. or shouhl-thc Lcssce,yngage in or ,yrrmit::~thcr persons Or agci11s to engage in aeti\'itie$ which coulo produec hazards or ob.struc!lon to air naviQation. ob::;tl11CUOnS"lO visibilitvor interference with any aircraft navigational. oklsja~ion (]r'devicej '\vhelhcr a-irbol't1c J)r',ori.thl: .glcound! then Lessor shall state such \:'lu]ation .in writing and deliver wllUen'-I1ntlce'l'O Lessee (jr Lessec's agent on the Leascd PreI11ise~, dr \0 th~persQn(s) on the.. 'Lc[L~ed'"Prel11ises who are 'causing said vio'lation(s),.and "up(m,ddivcry_of such written notice, Lessor ',ldl have .tl1e right ((I demand thai the pci'son(s) responsible for lJ1c vio!at;(\n(s},cew..eand de'3ist from aU:sllc:h nctivi(Y~(Teitting the I'iollllion(s), ,Ill such evcnt, Lessor slmll have the .rigl:ll to demand that. 'colTcc.rive a<;,ttOll,\. [IS n:~quir~d! bec:6n1m~nccd iilulli.:diatcly 10 restore ,the Leased' ':":[:.5:<:;: -. {!'so .sp~rt.s~ AGg.,doc.c P';H;il' ~, Prcinise's .,into cOlifonnallce with the. narticL;lnr law., 'role or 3eronau'tical' . . . . . .' . rcgulati8" being violated, .~hQuld i-cssee"Lcsscc'sagellLO(lhcpc,son(s) t:es'ponsibIcfofllleviolatioll(s) f.1i! to tease and desist frol1\said vlc'ladon(s} and to in,mediately tOl11t\lcncccorrectingt1i~ vi91~li9n(s), andlOcoillplcte'snid c()ri'eelions:within' )'w:cnty,four(24)hotitsfollowing'\\'litlen notification, then Lessor ,Mil have the tight,to enter 01110 the l,easetlPremises!1od corr,,!'! the vi"lat[on(s) at,the~ole~i:JS[ande,~pchscM Les$ee;anif Lessor shall not he responsihle for .any dama~es incurred to any improvcments:'pIJ th9 L:ea.s~d Premises:as a r~s.uH"?f Ihc.,\::orrcctivc 'Jdi Oil' ~'njcc~s., In,ackf it icfn,:slJch,' vi~}l Llt.i<)t) shall be considered a malciial deHlUlt by Lessee authorizing lessor; rit its sole option and discretion. to il111ncdimel)'lcnnltiatQ and, 'c:ulcellliis Lease NsteenienL ' c. .~N~,__ .No::~{~bns'! vost.crs~ ur9lhe~, ~imU~lr.dc}~;iC;t~~.('Sigbag'e") Shall b~ phi,cC:d on .the:exterior ()fthelease LmprO\:ements or on :lIlyport[On ofrhe Leased Premises or Airport propClty without the prior wtittenapproval of Lessor. Lessee, at its solcexpense, shall ,be l:espoILsib)etor thecrCiIli(ln, il1stallatio;I'and nUlinten:i'nce' n'f all sllch Signag!:. ,Lesseeshall pay to: 'Lessor rUl)r andall~lnmngcs; i~juries~or rcpainr.re~l~Hil)g')i.Ol11,th~ jr~~"t:i1Hation: Il}uintemmc,e qr repai,r Qf:~i1ysuch--~Signage. i\(1)' Slgnnge pla~cd' ()n 'the Leascc;l Prcmise,r.; shall be m,lintliined,aL'all linksirta safe, ne:lt, sightly and good physiea}'(;ondition. All sib'11aQeshall be removed ff('111 the Leased Premise.s Iw.Lcssee immediatClvllPon reeeip,f'of' <- .," .... <,..,. . .' , .,', ..... ...... "..... ... '.'. . instntet;0;lsJ<1r removal 61' same fiomLessor,inCluding,,;ilhollt luni!l1tion,.nponexpiml;OI1 or termination of this Lease AgI:eemel1L If Lessee fails t(~ rel11~ve the Stgnage then Les~or may do so ,at the siJle cost and expense qf Lessee. Lessee shall. be perrniaed the right to place two\vallsigns, no grcaterthan thirty,two squardcel each, idcntij)'Ing the cOlll\11crc;al hangar operalion, AIL signage ,~hnll comply with aIL appli9ableordinancc5 inCluding the City (,f [)~6ti:msigJ1. ordilllttlce," LU::.OCERY, Lessor and its designees shall have the tight 10 cnter the, Leased PrenHscs \11'1011 rC8sonable aclvancenotice (written or oraQand ai any rca$o~:!bie tlxpCS.t"\.lf the purpuses ofinspeming,the Leased Premises, perfcinn.ng ;,n)' \\:ork which Lessor elects to pcrfoi:lll under Ihis, Lease Agreement,<tlldeshibiting the Leased Premises for sale, lease, orrnortgage. Nothing in 'thisseetitll1 sha[JimplyatlY duty upon Lcssu[' t6do any work.Wllich under iln~,i()ther pnwisionof this. Lease ;\grcement Lcssteis required to pCrl(mn,and ,my perf0I111anCe by Lessor shall not const!t\1tca waiver of L~s~ec'sdclilUIL .' .. VL CO\rFN"ill:S_BY..LI:o;~()R Ldsorhereby agr2cs as Ibllows: i\. cELj,CFFtll FNIOYMEOCE. 'UI50npa}~ncj\tofallrcl1l,fecs, andpcrionnanceof thc.covcnal1ts 3nd agreements 011 U,e part c1f l,e,Ssee to be pCltormed hereunder, Lessce shall 'pe~,l~ca,bly' h{ild,3lid ~Ct)j0Y, the Le~sed Prcmj,scs,L~d all. right$,and prf\,.:jll~gcshtTein >gnlntecL R: (,O~'IPI f,\tjCE, ,cbnsrlltction.aJlcJ opermfon _l.,~SS{,~ii\vr'lri'[lilis: arid repiescil'fs rhniin or thc"j\irpori: lhat Lessor has herclOtl)re .the .md c$tablisfHTlci'11~ \itthls tim,,:'is L<."<':8t ;r}P;,;:;::c- :'~g~H} v- cOlUnlvinS': with,:111 'cxtsHu1! rules. reL1uiations1 ,ind criteria disu'ibbkd.b\: tht p'cderal ,. ~ .,-, . " .'C _." ~ .. . _, . Aviation Administmtion, or anv other governmental authoril\'rclating to and includillQ, but '. . '.. ~ - . ..:." . . "'- " . '-, - ,. .. ".' : ',,' ~ , ' ........... '"" '. ',,'..". '-'.. " nOt limlted t9.~ no~.se ;lbatc,~t1('p'~~ ',ai-t' rights,~lI1'd e~lSemcI.us ,o\'er adjoini,ng,.and ,contiguous 'Ir":1S, 'over-f1ii~ht' in 1andijlg'or taKeoff, loihc cnd lhat Lessce will not bc1euallv liable fill' ,. '.., .... '-'.'.': ' ..- .' ."" ..,." ~ any 'action~.of' tre.spass' ,Qf 'SImilar .cause Of_tlcti?'n'bS,\1ftUe of'm\y J~eriar 'opcri!lions of adjc5ining property in 't11ecoursc ofnomial take-off and 'landing' proccdure, ITom ~lh~, Airport: Le!isor further warrants and reprcsenlS that a! all. li,n"s <luring the Lease Tenn, or any renewal ,)1' eXlcnsiQI1 <'1' ~amc; that iI \vill cpntinuc to compl),with the forc);oing, vrr,SPFCl ,\ LCQ1:ID,ITlDNS H'i, expressly underst00d and .agreed by and bc!\1/ecn Le,$Soral1d Lessee that this lease Agreement.issiJbjecl to the tollowing special termsan;1 eO;ldiiions, WN,W .w" ,\.~'T) TA ,rwAYS, Because of Ihe. iJrC$enltl1il'ly'thCit.Jsand (30,000) ~p~)\md cnnHnuous m~c/ \veighthe3i'iri~,capaci'ty'of the taxiwny,__,Lesscc.hereln agre(~s. to limit ,all [[cnmautical acti\~ity induuing Jandiqg;>[ake:..otT and tilxiipg, lO:,'aircrnH haying an actual weight, including Ih~ weigh I 0f its [ucl,'iJi'thiny thousand (30,0'00) pounds or less, uniil such lime thai the'rul1way and designilled 13xiways on the AiTort have ~'een'il]lprlJVed 10 handleaireral1 of suchexeessive\\'cighl~, It is ftirtheragreed that, hasedon qualified engineering'studies, ihe weight restrictions,and provisions of this claLI~e..llH~Y b^e)l(.uustcd~ up: or down, and thatLesseeagree~to'.abide I:1Y !om)' ~uehchallges'or ""'is(onsaS,$uch studies, may dictate, "Aer(lnalltical.acti'lty" referred to in' this clause shall include any activity of, thc Lessee ortts agents or subcontractors, and its customers aild im'itees"butshali not inClude thoseactivitie, <)\'ehvhich it has no sOjicirijrypan.oi' control. slIcltas an unsolicited or~nseheduled or emergency.landing, A paltern ofviolnling the provisioIJS .ofthis section on lWO or more occasions shall he sllfficicntro taus~ th~ii11l1iediate t~f111illation 'of lhis entire Lease: I~grecmcnl Hndsubjecr Lessee j("jiJbility Jill' an\' damages to, the Airpqrt that might reseil!. . VIII.. LE-\SFHQLDJMPt,OVFMEN.TS A, REQWE FMFNT": Bef'JI'c eonllIlencing the eOnSlnlClionof any,improvemcllts on t.he. Lcascd'T)rem15cs indudi1}g..J;.~^ssee~; Imp[ov,~H.1('nts (~.ll~- ;~[~as(' linprov(':m(:rHs~l), Lessee,shall submit: 1, [)ocmiwntatioll, specifications, or '.kiign"":ork to be appm\'cd by the LeSSOL 'which shallestablisblhat theimprnvemenls.w be buill Of eOnSll'UctedupOlllhe LCDscd Prcniiscs (Ire Ul c'onJonnance-with the:'clvernllsizc. diane. cQ16i".:qualitv and design, hI appedmnecand struclufe of rile pl'Ogram~stab'lishcd by Le,;s()~ :on the i.\irpol~_ 2.. AU plnns and ~pccifications :-;howing the-_lqcation-'l:Jpo'nihe Lc~scd 'PfCirnlses QT Ih~'pt~)p~)se!:J C911sLfuetion a!ld iwprllVCf!1CI1ts; . , 1 The. e~til11a\cd ,cosloJ'such'coilsmlclioll, Gt.:H:tiXX riLe. <";731J .~?f.~':;l..:: Noconslrue!ion may.. commenceu!llil Lessor . hils . ~ppr'l~ed ' Iheplansand 'speci!kationsand the location of the: lcu:J,' Improvcments,midthc cSlii11ar~d costs of such constructioJ1. Approval by the Lessor shall,nm beynrcasonably withheld. Documeillary eviclcnceoftk uctu.d cost of cOflW:uctifm 'on public:rrcas Qnly(siidiils taxiways) shallk .;detiiccrcd by Lessee '10 LCSSl1r'sCity Manager /i'om time to time as such ':;OS!, are paidl)y Lessee. and lsssor'sCity' i\'lailagcr "T designee is h':l'ehy nutb6riicd to endorse upon a copy iJf this Lease Ag;fcenlemjiled wi!il the City Secretary of Lessor such acnJa! amounts as he sl1"lI have Illl!!1d to have been paid by Lessee, ;1nd the lindings of thf9ityManirgCr wheh cpdorsedbyhiriiujlon's,iic!eoillraet shull be conc!usivcupoil all ptlrlies fOT'llJ purposes of 'this Lease A!,'feemellt; No later tholl 30d,ays after compli,tionof"the Lease Jmptovc1nents. I:esseesl1311 suhmirto Lessor detailed as huih pialls' of the Lc"ie I'llprovemenl.s aiKlaocumcntary evidenceaeeeptil!:lleto Lessore\daeneing th~ t(dal cost to construct the Lease lmprovemems ("Cost wConstrucr Le'Lselmprovcl1lcnts'} B.AilllIIIONAI ('ONSIRIJr'TI(l)\; o'RI:vlPIWVFMEKrs, Les,ee is herehy authorized to eOJ1s!n,cl upon .the leased l'remis,s, ritirs o\\'n. 6ist and .\;',xp611:>e, buildings, ,han'grri's.and: ~tnll:lures~ thil1 tessor'and Lessee mutually agree are- necessary fOJ'use in COIUlcclion \vith, the 'operations authorized, br fhis, L~(lSe:'f\greel,lienL"pro\rid~d'ho\\-'~ver~ Les~c.c sball c,omply with rill of the re(lliirements ofScetiimVHI,A.. above. Such additional improvements shall be" part of thcLease Improvements, C" OWJ\IFRSHJP DE IMPI~O\lF~{FKt:S.: Except as otherwise provided in this Lcase Ab'l'eemcnr, tILe Lease Improwments cQt15wetcd upon the te<lscd premises by LL'$Se~ shall rcmaili the properly of Lessecduring,ihe Lease Tcnn subjec, to tile fullowing condWo'ns~' remls'and provisions: . E'age' 1~ Ii! f~ {i: ~'! Jl ~: 1, i. I , i.i I,' Ii \-'1 I' I I I r I vi d fI ti ~:I n Fi n t'l 1< iJ '1: R6n6,\:'hL('l('Rl~lIrlinJ!...'i. No"building or pennnncpl flxtun: may he Tem()y~d Jrom,thc..Lcased Premises, '2. Assuruplifin, The Lease ImprovcnlC'pLi;; >snaIl rftllCuTI.?ticaHy beL:pl~le the :'propel:ty ofI":cs.llhrtihsolulcly Trcc~ ;~\,jlhoui ari); ~ost to Lessor, at the emLof the Lcas{;-Tt:nn~ or any extension IhereoC -:EiliJJ.u;C~l6:_C:-nmn1f~nC~LC()l11plprf' f' P"C{'c:.c.:_Imprm.:e.1J.leut,S" 'l'hc Lease Improvements shall immediately'beeome th" proper.y of Lessor at no e6~t, :'cxpcnsl.:;, bf c()mpensriiiOl\ '10 Lessee sho{tld Lc~st:e' lltil to commence or COlllDlcte IILc Lessee's Improvements witbin ihe COllimencement Period or ,r(~n~~1"L~cti0ifP,erl~)~! ~r!}rovtdcdi!i S~tlioJl ItD, of this tease Ah'TCCrnCru. 4. Chnrrll:iiinn flLIc.rri1i.n;lt1oil, Should chis;, Lease Agre:Ct1'cilr'bc cftikclcd Or leinlinmcd before the end of the lease Term, Dr exlcn,iol1 thereof. Les,onhall 'have the r1!JJlt to ourchase ,i.lrJ, 6r Lhe Lease ^JmJjrbvcmchts" ,In .the '(~\:c.n(br. ~f cancelialioJ~or te~ni!1ation, otl;or then due 10 a der~ultby Lessee thathas not been eured as I,,'o\'idedbdow, thcpurchase price shall be>egllal to themo,t recent valul' ,if the 'Leasc Improvements asdciem1incdby the D,nton ('0\111IY Ccnrral:'Appraisal, Districl f'Value Oflhe, Leasc Imprq,'emems") reduced by 1/30' for'each yearoflhe,leuse Term that has cxpired as of lhe,d,tc of ,tel111in>Ilion (the "P\,rchase'I'rice"), ShO\iId the f)eht6!l.collrit'lTentl:~I' , M' .. ,'_ ,'_',d ", >_" .',' ", _._ _ . . Appraisal Districtnot dctermine a separate value lor thc Lca.~e Improvement" or should sllehseparatc valuation be older thim tWQ'i'eilrs. then the purd,,'se", . . ,c .' .... . _' H" ...' " ,," .. ',..' ',' Price will be dete'rniiried takihgthe'Cost'r()'Constiuct the lease hnprovemellts' reduced by 1/30 tor each year the Lease Tern1 has expired "'S of the dako f JcnlliJ1ation, jfthe tenninationciJ' caneelJation is due [() ~ defat!lt by Lessee, tllal h~s no't ,been ,cured Ivithin 30 days after written notiec of dd"ull 10 'lessce" then the' Purchase Price asdct~l1I1il)ed above shallbefeduccd b); 50o,~,", Howevcr~ if Lcsstc'provides ,written notice to 'Lessor within sa{d 30 day CUre' Dc!iod that itls'impossibk 10 cure such ddault within said time pcriod. then . ^, ,', . '-, - > the Lcssor niay'eonscm wan eXtensi[)11 of Sltch tinle,lO eure, which eonscnt' I\'ill not be ulU'cl1sonublywithheld, IX '<;1 !HIWG.\ Tl()N OF M(1RTGA(iEF' AJ1~' person, em-pnrritioli or irlstitutiil!l that lends nioney t(i Lessee for construction of ilhy'_hangar"stllJc~ur(:, building or im~rovemeni-,~~d ~.ct,1ins' u > $ecu~ity_ il~t~res~. ,if!' s~lid hangar, strtlctilIc,building or iI11pr\Jyem",ht sh~ll,upiJli,defmjltof'Lcssee's obligations to saia nlortgagce, have the righllo enter 11p0l1 the Lea,ed Premises and operate or manage said hangar, stmcmrc, building orimpnwenlentaccordtng to the tenlls {;fthis Lease Agreemcn!,f(.ll' a period nill'to 'cxeeed Ihe lerm ill' the 1Ili:l!1gag~ with Lessee,or until the loan is paid in ji,IL whichever.comes lirst, but ill no event longer than the [,ease'renn, It is exprcsslyunderstobd lIm! agree,d lhatllte right of the mortgagee referred to'herein is limited und' l:csti'icted to thoscimprovemcnts constructed \\'ith funds bun:<,wed from mortgagee, thoseimpmvemeE1t5 pureh~sed WiUl the .borro',wd turds, amj those ,i mpiovcmellt;; 'pledged (0 's'ecure,the.rctinandllg of the inlprovemcnts, > X.R I" HT OF FASEi'iLENT ''Lessor shall have the right to;estabhsh'easements, tit no cost to' Lessee,. upon the LeiLsedl'remists !i)r the pur!)osCofpr;,;;iding underf,'l'()(md utility ser'..icesto, from or across the Airport property or 1;:,1' the construction ofpubJie facilities onlhe Airport. However;nny such'c,asemeiitsshallnotihterfere with Lcssee's.li,ie of thc [cased Premises and Lessor shall rcstore the properly to thc original eondition3s isreasol1able m'~ctieable "upon tile: i!lst~l!atio"rl of:~ny utility _scn1iccs. on: in~: over. or under any:such cp~elneni atlhe .conclusion of.suchcunstrudion, Constmetion in or at the caSCment ~hall be' completed, withii.1 a reasonable, iim.e. XL, L\SSli.NMFNT()F I F,);SE Lessee e\prcsslY'covcncml~ lhnt.itwill not 'assig~ thi~, L~i.L~e /\&:~reeI)lent, ('qn\~cy'moi'c'_ thanfitiy p,erccnr (50%h1fthe"i';ircrcst in its,business, through the snle otstoek or otherwise, SpCii:~ii:: ~} lmnsfcr, Iiccnse,nor sublet the wholCqrai'1y ~lart'6hheLeasedl'rciniscs lor any ptirpose, cxcepilOi.rClll"l ofhmlgar SpaCe;(1r tic-down. ,pace lor swrageofaircraft only, wilhoutthc' written consent ot'LessoL Le,ssoragreesth~t it will nolllnreasonably Ivithhold itsapprobl of su"h sale.. sublease, In\ns('er:liccnse,. ora~sigmilent oftbe facilities for Airport related purpo.ses:..,'.provided hOI.vev.et." that nosuch..nssignmcnt;..su.lil"ase,. tra. nsler, license, saJ,e qr otherwise sh.all be <lpprqvcd iflhe"rcnliil,fees orpayTI1cnts, received or. ehilr1!.~.C'J arc in excess of the rental.or fees paid.by Lessce in Lessor Imac'f the tennsofthis kriSe, fQrSllChporli<m or the U;ll;Sed Premisespr9P{js,!'d io .be -assigned, subleased, :transfe;"ed, Ecensed, or .ollicrwise, . The pro\.'isio'ns .oftliis lease Agrecmenl' shall remain bindil1g upon the assif,'T1ees,' if any, or Lesse.e, In th(.'cvcntof an assignment or sublease of tbislcase Agreement. the Lessee, Assignee \irSllb-Lessee \lilLpayntl of LeB""r' sadmi nislrntive COStS of processing 'such an assignmcnt il1duding, witholll'lunitat;oll,all reasGl1uble :lltomey~ fe.es. adrntriistr3ti\'ccosts~uld Lessor's stafr tillw;associuted witb rhe asslQnmenL ;.. .......... . ...... .' -' .'.-.'.. . ",- .. '" - ,,;;;I X1L J~"JmAN(,F A. REQUlRE[)jN<:IIR<\NrF' Regnrdkssoft:he lictiyitics cOJ1lcmplat:edtlildcr this Le3scAgrccmcnt. Lessee shl1ll maintain continuously in ef'tcclar alllimcs durin!! lhe tenn . -.- '. - ..' - ....... -' . .. ;c, ," ' -.,' - .. . -. - ~, " .~ ofthis'ugrcemehr: ~t'Lcsscc!s sole e~pcnscl the'followiI1g nllnimum insuraqc~__S9vemges: 1, Conillicreial (l'ublic)G,mefal Uabilitycovering the Lesiieeor its company, its elnployces,agel1ts,tenllntsand indepeml~nl contra~tors,al1d itsopermiQl1s ori the airport, C'oyerage shall be in"al1 iU1l011lli ,iOllcs,~' than 51,OOO,ono per m:CllO'encc and provide coverage forpreniiseslopermions and eOl1traetualliabililyA:~D ,,,here e.'[posure exists, coverage for' pro.duetsic(lfllplctcd operations; explosion, collapse mld.ul1dergJ~ound pi'opelty datjlllgc, ' 2:,-,AI{ris~'l)l:qp_cdyilisl_II'ifn~e:()n'-~i reiJlac~ment cost ~)as'is- covcringlO$S -or damage to all !::tcilitiesused by the Lessce, either as "pan of tl1isab"eem~nt or erected by the Lesscc:subseqt,el1t to this agi-cemetlt, Under 110 ,eircu111smnccsshallthe Lessorbe liable 'for any dmTlllgcs to lixtllres, merchandise or odler pW;()nal property of the Lessee 9r .its l~rlants,- - , 3" Business Automobile Uabiiity to include CDvetage forOlV1lcdiLeased AlJto~,,1"(1n- 0whedAutosMd Hired Cars' . , , For'onerntiol1 in aireran'nWveJ1\ei1tsrcas thelii;li! of liilbiiit\' shal1 beS I 00,000 . ,~ '. -, - '. ,,' . ,. -, . ',' -' . . - . - " " IJer OCCUrrCI1Ce, Ftlrollkriihei"lioU3t:he limit ofliabilih' shall be consistent with the lllTIOuntsCl , , llyStnte Law. . B. IXDnnrOML.COVPflAGES:'ln itddiGOll to Ihc abovcrefere!1ccdClJl'er'dges, the lol!o\ving insurance i;ixequlI'pd if thc.activi~y or e.~posurc.9xis.ts'oris"L()rile}li1?iat~d:,' J:,Afferaft F'LlWOil Stor~ge and Dispensing - C:omnrehen$ivc Commercial\Public) GC3.O:::<XlLC - E?~G~ Geneml LiJbilirysh?1J indude coveragc, 01' scparatccovcragc shallli, pi'oyidedf6c, Envirol1nlcntallmphihncnt Liability: 2, Aircrap Sales 0: Airm\ftChaitef arid ,Air Taxi-Aircf5t1Li:ibilityiil the, anlou!!! of S I,OOO,OOOpcroeculTcnce to include HullCovcmge:amLLiability, In'addilioll, Passenger Liahility inan arm"mtcifS100,OOO pcr pCr,on{~;erpas$tnger seat) shall be provided, .1. Ail"crat1 RehtidcIl' Flight Training - Aircraft Liability ill thhunuuntofS I ,060,060' per OCcurrenec to include Hull Coverag"andLiability, PassyngerLiability in the amount 'of S 100,000 per pe,rson(per passenger sdill and SmdentfRelller Liabijjty covc,ing all 1150rs ill the amountofS500,OOO per occurrel1tc, ' 4. Spcciilli7-ed COI1lmcrdid Flying (induding crop du;aiilg, seeding, ami sprnying" bunnertowing and aerial advel1ising, aerial,photography and' sun;eying, fire, fighting, power ,line or pipe hne palr()!) -Aircmrr Liability in the amollnl, of Sl,OOO;OOOper,occurrence 10 include Hull Goveragc'and Liability. In addition. PllsscngerLiabilityin anamopnlQr~ I 00,000 per person Oier pllsscnger seal) shall . . . . be provided, 5.,Aircraft Storage, Maiiltctlanee arid/bfRepa.ir- /\irci'aft Liability in the amount of S 1'.000,000 per occurrence 10 include Hull Coverage and ,Liability, In addition, Hanger, Keepcrs Li.ability in the ,i111 OUflt Of'S500,00() peFi;ccurreiice:shall' be provided, Thereguircmenl for Hangar Keepers Liability "hall not apply to individunl owilCr!opcralors who,e primary use of the hangar sllace".js the st(jrage qftheir Own "ircrafi: The t'equirement does nOl ,eilJply tosudl individuals notwithstanding the fact that they may, frolll"lime In time, perlllil the slorageof non-owned aiT-craB: in the hangar sjja~c and sharge a t~c'for '~h~-):t.riragc q'E such ai,:eraft so long as'such useisin the nature of arent-sharing agrcemcnt rather lhan tlcnmmercial aircraft slorage,business; , I, 11 tl i 1: ra::nSiC';'t,.V;:' . 4]9D' .spa!'::im~'L,;;,,:,;e'A-G?..j~OC~ :5. I I 1 jJ 1:-'1 !I Lj n II ji! ill ~ I ~1 N 1:1 Ii II II Iii L !' lJ c.rnVFRAGEJ!FClIIIKEM&''-:.T.5.: ,All insurance en\lenlgesshitilcoJlipl)1 "'ith the fOllowing requirements: t" Ali liability fiolicies,shill namethe:City of Dent611,and ilsolIiecrs and clllplo;'ees as 'an additional named insured and provide toJ' n minimum of 30d"ys writtcn .;(jlicctp theei!}' ,of any carkdlntion iir'111ateriat thlingc to the policy, 1 All il1,~urance regl1ir~d b:' this Lease,Agi1ecn\cnl 111m;! be' iS5\lCd by ia conip,my (Ir tompanies of sound and adcquate iin"ncial responsibility and authQrized 10 do "busincss:)n the State 'orTcxa.~. A[l PQl1dcs atl..' subjtet t6 the :examinatipii and uppf:o\'al i!f ilie .CilY~$.'oflic'~ of Risk~'1LU1llg{.'tnent {t'!; thdr ad(:ql..lnqy H~ to content. ((mn of protection '''ld pr~JVi(ling company, . 3. R~q~irc(ril1sudurci: narni;lig the C'ity as. 311 Hddiiional insured ;1111151- bC-'plimary insurance and, l1()t c~)ntributjng, with anYoth9r~ insurance availahle to' the Cily ;vllyther IrOnl," thirdprirty li;lbility policy oi' other, Said Ilmit, ()finsuranec,hall in noway limit thcliability oftl1c Lcs,see iiereunder. ~. The, Lessor shall be provided with ,a copy of "11 such, policics 1indrene\V3] certificates, Fllilureof Lessee ,tb comply \vilh the niinimu!l1 spccitiedamollnts or types o(insurancc as, required bv L<:ssor shall constilLlle Lessee's deraultofthis, Lease Ag!cemcgt. 5, [)uring the Lease Term, or any l'xtel\Sion~ thereof, Lcssor her~in reserves the right .to,with60dnys 110ticci"udjust ori'lere",,: the liability lnshrauceamounl$ required of the, Lc'ss'ccJ ~gJ1d' fo n:~quirLany;:ddiiioni.1l.rider, provisions, or c~n.ifica[e:~ of insl1rnnCci;~H:KI.Le<~:see ht;r~by .~grc~~' to'pnjvidc dnysuchinSUl~;ince ~cquin::inL~rsas. may be 'required ,by Lcssor; prt1vided 110\\'e\'er, that any requirements, shJllbe ,commensurate \vi{hinSllranccrcquin:me~1t$ 'H~ Ol!1~T r:a1blie: ,~I~c'airp(lrtssimjIar ti-) the DcntonlVlunicipalAii}lort in size and in SCOjje'l1favimion activities, 16catedin thesolllhwestel'n regit)l1ofthe United States.. Xli!, Cii.\KCFII "'Tin1\' BY! FS(OR In tl1ce\'ent ihai Lcsseesllallfile [I voluntary petitio;l irl b;lI1kmptey or pn)eeedings hi bunkruptcy shall be inslituted against it and Lessee thereafte,is,ndjudicated bankrupt purslIant to such proceedings, or any wurt shall take jtiiisdictiorl ofLesset: and its as,~et$ pUr$U311l to proceedings brought undertbc provisions of any Federal reorganizatioll act or Lessee;shall, be divested9f its .;stare berein ,by other operation of jaw;ti' Cess~c'sh"lI fa!!' to ,pertorm, <k~~p 'and ohserve ,any"<.)f the, teil!1S3 covcnants~ -or. 'con.dit"ions herein conlaliled~ or on'ils pilrf w be perfc)rnled~ the LeS$Of,may' give l.e~sec \\THtcn notitt-' ttl eOlTeC[ such conditiQn brsurcs~ch default imd.if:lny cOJ\diiio.!l orcletlmltsiiall contintlC for thirty (:)(f)dnys'after lbc rcceiph)f such notice'!;y Lessee, then Lessor m,lytel1llinate this Lease Agreement by wriu~n notiec}o Le:)s"e,. However. if Lessee provides writlen notice [(1 !..ess6r within said 30. day cure period that it is impossib1e. 10 clIresud"dcfallll within said time pedod, then the Lessor may consent [(1 "n extension o!'suc.h time io cure; 'I.'hich,cons'c11lwillngthc unreiisonilbly withheld" l.ll the ev('Llt of deli lUll, Lessor has the rigl1t~', \6 put-chrisc any 'or ,aU :of'tho' Leas:e hnprovcmC1l1s"under the pn)\'i~ion,~ 'ofScc1JQn VIIl.CA. hereof. Lessee shallp~y nil of Lcs5ol"'seos!s ilssocihtcd with such enncellmiOi\ ,im.:llIdiilgi withou~ lil11itatiori~, Lcssee'5 nltorneys fees. couri co::;ts; dclinqucl11tClHal. ,staff lime and other 3dminlstrmive, CQstsslld;anv,6thei; d~l11~.i~esor losscscrcsuitink fr:(llH ~wch' . . . '" '.' ,"" .'. ~'. . .. '. . "-, , _,'. .. C",' '. ..,..... .." ., canc'ellatiim. 'GC3sXX: ;UJ7 -," iI .1 Ii Ii-, I;; I, L II ',1 1 I: , I; ~ XlV. C:.u'clCEI I ATIONR"{ I FSSEE Le~see may cancel this Lca,se Agrc~ment. in whole (JI' part, 811d terrnioale'illl or any of iis obligatiqnsh6rcIJodcr at any Hrlle; by thirty (30) days written notice, 'upon.or atlerthc iiappening,oflmyone o!'the following;e\'ents; (1) issuance by lUlY,court'of comj.1ctcil1 juri s"' diction of a, permanciltinjlJndion in'any \\'3): prewnting or f'cstraining thelisc of the ,Airporl or any pin11hcrecif for airport purposcs:'(2) the, brl;ach,byLessor of allY o!' the covenanLI or agreemenrs eontnined herein and the failmcofLcsslirto)emcG\'such breach fixil pCJ1l1tlof ,nillety (90) dnYs afier rec2ipl ofa' written notice oflhe cxistence of SllCh 1'1I'ench; (3) thc 'inl1bility of Lessee to u,e the Lease Premis~s and, facilities continui!'gjor iT longer period Ihan ninety (90) (bysdue III anS' law or any ,,,.der..mlc or regulation Of any appropriate :gov6rnmcntalmnhoriiy '-having jurisdiction over the operations o( Lesso(or due.tQ war~ earthquake ,or orl1erctlsualty:or (4) the tls$mnption '<if ,rec:1pture by thcUl1ited5t:ues GLivenilllerlt, (>1' .any authorized' agency thereo!: of the maintenance and npt"ration of said uirp0!1and facilities or any sl~bslantiaj part (Jr partstl1etcof . , , Upon Ihcl1appcning (jf any o'r the four cvclUslisled' in thcprcceding paraglapl},sl!eh thai the Lensed Premises calUlOt be used for aviatiorlpurposes, thm'-the Lessee J1\ayc811cel this Lcase ALicemenfas nfiiresuid. or inav clecl to continue this Lease AQJ'ecmenl under its .~ . . _. _ .,c' . ...... . . _,' < lemls; except however, that the use of the Leased PreIllisesshnH ne,! be limited to aviation' purposes, their Use being only limited by such laws ana Ol'dlmmCes ill< may be applicahle at Ihattimc, XV. Mi~CEIJ ,\NPOIlS.P.ROVISIC)NS 1\. ENTmF AGREEMENT, This Lettse 'Agreement constitutes the entire lllldcrstandil1g,hetwecl1 the panics and as:of its EfteetiveDate 5upersed<:s 'all lirior or indtpen?c(~~ Agrce,t?l~llts bct\\'e,~n lh~ pitnies c~JVeririg th6:~subject mittel' hcn.:oL An,Y change or modititution hercol'Jihall be in writing signed bybolh partie~, B. lllliDING FFFRCJ:. All covenants, S1i]Julaliotls.and agl'eementshel'ein ,ha11 cxtend to. bind PJld inure lilthe .benefit of [Ii, legal rcpreseniati\'~s, slIeCCSSQI'S am! 'nssigns df the respcctl \:,~ pnrtics hereto. . - , . . C.SFVFR MlILIIY., .If jpro\:isiol1 Iicl:tof shall h<:linall)7 declared void or illegal by any' court Qf administrative 'agency having jurisdictinr1,dlle entire' Leu$e Ag:rcemcnt?hall ~9l be. \'oid; but -the ~rcrnaining pi'o.\;jsidns' sh~~n ~bntinuc-, in cff~ct;a:s: nearly .t1S: p6sslhle 'In nc.co'i'danc;c ~I,;th the.original:il1tenl of the pafties. D,?iOTICE, . AilY nolle<: giwn.by'oticp,irty t() the other ill connccti'J!1 W1111 this L<:use Agrecment ,Ir[itl be in ,writing and shall be scnt by cor!!iied mail, rctulllreecipi rt.ql~eS~clt with'pq~tage'tb~sJ'r.~pnid'orrin 6H\simiic::ns to'Uow's: - J GC'&SX:': LT.C'- ,; 7;1 Q. $;:<;1 ;n:D11 l-7 '~""1 I. 'lfro.LessdY,"addres5c'd [0: Cit)t}vJanager Ciiy of Den toll. 215E. f\'lcKirin6V Sti'cct 0<", . Denton, Texas 76201 'Fax No.: 940.}'t?S596 2. Ifto LC!i5ee, addressed to:. F,nleyL"dbcttec Managingparlner Ray. K.i llncy,f' artncr' D~\'id Shulman, Partner GCliSx..X LLC ] 700 WiekwoDd Cmllt Argyle;, TX 76226 Fa.x1'!9:: 940-665-468 I. E..liE1ill.llii.CiS.. 'l1iehcadings used ill" this Lcase Agreelllel,t areintcmkd Ii,r eon\'cnicnce of reference only. and do oot define or limit the ~copco,. 1l1"anint\ofimy pr?vtsio,n l:?fJI}i-? Agrscmcl}L F. . f.lCiJLERNINn ! A Iv AND. YENIlF. 'Ibis LeaSe Agreen}critis to bc..cons\ruedill accbi'dan6i with the laws of the SUIte ofTex:1s and is fully perfol1uab1c in D(:DtonCounty, Tcxas. Exclusive venue for any lawsuit to enforce the terim or conditions .of titis Lease Ag~ccm~i:\t ~~lhl1l?;e:a^c-qun: of cOnlpet"nUuri~diclion in Dcnfo!1 COLlrity~ Texas; , G. lliL'.tllliER, N(1 wai';'er by 1,(:ssor,o,. Lessee;t:if'any defuult ()r hreilch of ,covcn~ni or lehn (if this Lcase Agreement may be treated as awaivt'f oLany subsequent ,'defiiult or breach oflhe StillU orany',lther (:ovcnant.,nr te'nl! of th~s).,~eas.e ,A~~CIll(;m. '''. .. " .. .' . ". " H~ <'D'O ,,.;'hF'NC,y: During_an limes that this LcnscAgn.::c:ml~m b irieffect, th(~ panics ;-jgrcc tha! L~ssee'is and,shall hqt bc~dce!~lc-danageni or <::n)ploycc-ofthc:'Ldsst.\f. .. >. L [ORCF M.; rFllR F. N9neofthc J'ariits shal! be indefiJuh or iithenvise li"hle liJr an'); de1a)'l1LOr failure orpcrto~l)anCe ~Ilder thisLcaseAgr~cnlcnt if such dday:or . fldlure arises bv aD\' reason bcvond their reas(lnahlc controL 'indtldin!..!: HJ1v'ad' of God. ~inv nets,of .' .' ^ ,::....- . ,,' - . .,,' ." .... ." ."...., . .'., ^-, ': ~ . :'~ '-. ': ,^' , . .' the common. enCnlY..,O!' tcrrOt1Sfll;, the. elements; t;arthquakts~ .t1oods~ftrCsi:'ep!dcmic~l riolS', failures,or delay in tTilnsporiari'OI1'9rC0I1uTIunk-ations. HOW(:VlT: lack (-["funds sh~m not'he' deen1ed,to i)eB l:eaS()11.bcv6nd II Ptlr1:v'.~:ieils(imlbl(~ c'ontl'O-]..Tl1c Parties \\,,)'n li6)mptlvint~}hn . ......" ",'.- . . . - .' " ,. - ' . ~ .aJ~d consult. with ,each l~tl{::r 'as'toanyofthe 3bovcc~uscs: which 'in their.jucigment Tnny or t.:o~Ild ~)C thS ('a~~c6f~.. dclayjn th~,pe'rf0nri(H1Ct;'ofthls'Let~~cf\grccn1ci1t GCSS;':X l,t\: "4 ?9':< :'~<i;;e ?-3g;,;: 18 l)Y: MICI.rAEL A..COND.Uf..' F..(;"ITY MANAGEI3 . .L. . . , I 11 rl M I. F! '1 [, ~ I: ': Ii f' d Fi i,: II t~ , , ., '!l'JWIl'NESS\VHERE<.1E,tJic parties have exccuted this'lcascAl,'fee111entas ofthc, Effective Dalefirst.ilbmce written. . ,. CrrY OF DENT!}N. JE.XAS, LESSOR 'BY: ~ :I F1 I I: II ,] F rj i; II Ii i'l ATTEST: }ENNlfER,WALTE:RS. erry SECRE:IAR)' APPf,ZOYED AS1'O LEGAL FOIZivl: EDWINtvL SNYDER, CITY'A1TORi\1EY 1j :1 ~; j , 'GCESX;( .LLC -' t'; , E , i 1 i i I 1 1 11 ,-1 11 Ii j' d II 11 II II l: II I, 1:: !:i I' " I' III n 'I II II II Ii I" fj t'l 'I 1'1 "j !J . /'i 1".<' ./ I,/' -c{!.;If? .' "d//" ./ .... '., /,/.-!'t:.c-:.{/.. , I // ,I !I GCBSX.'x LLC 'il\.ck,N6\VU;f)t~JENTS HlEST/;'TEQFTEXAS , , COUNTY OF DENTON , J '111ls inSlhlmCl:n WliS acknowledged belbreHlc l1n thc _day of ivlicha"IA" Condlif!; City Manager uf Ihc'City Qf Dcmon, Tcxas, lllunicipality, , 2(l05~ by 'on behalf of said 'NOTARY PUBLIC STATE OF TEXAS TFlESTATEoFTExAS + COlJN'IY OF DENTQNi;; 1l1lsinslrumentWas rieknowbJg~dbefore nie on the ,9- g day of~"j,-b.n1 L~ , 2005 by - -,.. .' . '-, - .'C ',' .. I . .' .' Finley Ledbetter, ,vlanugingpartner, GC13S)(.\: LtC, a Tc)(a~ cprpomtion on bchal f ,6J' seid corporation, \ '"'"''' ~""~1"f, 1:'!:1i:!}" ~I~X} " ~ljtn\;.$' ; "'"""", JULIE ANN MULLINS " t..'otary Public; StM~ of Te~s. . Mr' CO/'l'",m1s!ilcn EX';);l5::'" , Moy 27. 2009 ( . 'CLV\X",L.rll/,....L.LuitxJ). N. rARY PUBLIC, STATE OF TEXAS - ,:;C3$:CC l,:.C- ~ i8G S-?;i;"i.i'~t, iit.'i;tlC ;'.Gf.. '.:kc-'~~C 'ii " ., :I l [1 .J >1 '! 'I "j I II . 11 ,I , << ;1 ? 11 '- , If J. f<~,i ! 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AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Parks and Rccreation ACM: Howard Martin, Utilities 8232 ~ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of "The Beast and the Freaks Halloween Bash", sponsored by the N2Deep Bucking Bulls. The event will take place at the North Texas Fairgrounds on Saturday, October 29, 2005, from 7:00 p.m. to 12:30 a.m. The exccption is specifically requested for an exception of hours of operation for an outdoor music concert. BACKGROUND Kevin Craven and Greg Brinkley, with N2Deep Bucking Bulls, is hosting a bull-riding contest followed by a music concert at the North Texas Fairgrounds. Attendance is expected to be between 300-500 people. Proceeds from this event will be used to help the Denton County United Way provide local Katrina evacuees with needed essentials. Amplified sound will be uscd for both music and public announcements. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION . None EXHIBITS I. Request Letter from the N2Deep Bucking Bulls Respectfully submitted: Jdd J;~,f Janet Fitzgerald Director of Parks and Recreation Prepared By: ~ Y'/\ \tu.Q Janie McLeod Community Events Coordinator 3505 Crisoforo Dr. Denton, Texas 76207 September 12, 2005 City of Denton City Council 215 E McKinney Street Denton, TX 76201 Honorable Mayor and Members of the City Council: N2Deep Bucking Bulls is requesting an exception to the Noise Ordinance for the use of amplified sound during the hours of7;OO PM to 12:30 AM on Saturday, October 29, 2005 at the North Texas State Fair and Rodeo. N2Deep Bucking Bulls is anticipating an attendance between 300 to 500 people. Amplified sound will be used for announcements and music. All event proceeds will be donated to the Unitcd Way of Denton County for the sole purposc of providing our local Katrina evacuees with cash, clothes, toiletries and other needed essentials. . Please contact me at (940) 206-0751 should you have any qucstions rcgarding this special ,event. i. ;i~ ,h' EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: October 4,2005 DEPARTMENT: Parks and Recreation ACM: Howard Martin, Utilities 8232 ~ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of "The Jesus Event", sponsored by the El Shaddai Ministry. The event will take place at thc Fred Moore Park on thc . following Sundays: Octobcr 9, 2005 and November 6, 2005, from 6:00 p.m. to 9:00 p.m. The cxccption is spccifically requested for an exception of hours of operation for amplified music on Sundays. BACKGROUND Larry Woods, with The El Shaddai Ministry will be holding a Christian music fellowship in the Fred Moore Park. Attendancc is anticipated to be 20-25 people. This will be the first time this group has had a ministry in the park. The event will bc promoted by personal contact and distribution of flyers. Amplified sound will be uscd for both music and ministry. PRIOR ACTION/REVIEW (Council, Boards or Commissions) Nonc FISCAL INFORMATION None EXHIBITS 1. Rcquest Letter from the El Shaddai Ministry Respcctfully submitted: d~j.J;~ Janet Fitzgerald Director of Parks and Recreation Prepared By: ~ m~J.u.Q Janic McLcod Community Events Coordinator p.{ S fuufifai '.Ministry 805 Cruise St. i])enton, '4: 76207 : % tfie '.Mayor and '.Mem6ers of City Counci[ We tfie 60tfy ofP.{ Sfuufifai '.Ministy wouU Cilif to request permission to nave sound atuf efectricity at Pred'.Moore q>arf(on Sunday Octo6er 2, 2005 and Sunday :Novem6er 6, 2005.from 6:00 - 9:00 pm. We are a wca{ cfiurcfi group going out to "Seef(atuf to Save tfiat wfiicfi was wst"{Lulif 19: 10) We Gring our services out to tfie community in unity witfi cp,-aise and Worsfiip and tfie Word of god. "2;;W:'~~m6mo/ 'F1 Sfiadd'ai '.Ministry. EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Electric Utility Howard Martin, Utilities 349-8232 .. ACM: SUBJECT: Consider adoption of an ordinance of the Council of the City of Denton, Texas approving and adopting the "Denton Municipal Electric - Electric Service Standards" regarding the City's municipally-owned electric utility; providing for a repealer; providing for a severability clause; and providing for an effective date. (The Public Utilities Board recommends approval 4-0.) BACKGROUND: DME strives to apply uniform standards to all customers requesting and receiving electric service. However, there is no single document that a customer can consult in order to determine what those standards are. This lack of documentation forces customers to discuss any question they might have directly with someone on the DME staff and complicates training of new DME employees. In order to assure consistency and provide a readily available reference document for both electric customers and DME staff, DME has compiled all standards for receiving electric service from DME into a single set of Electric Service Standards. Once the Electric Service Standards have been reviewed and approved by the Public Utilities Board and Council, DME plans to post them on DME's website as a reference document for the public. DME recognizes that unusual circumstances will arise that require flexibility and the application of common sense in the use of these standards. Because these are standards rather than formal rate tariffs, the DME staff will retain the flexibility to waive the standards when it is appropriate to do so. However, it is intended that such waivers will occur rarely and that any waivers allowed follow the basic intent of the standards as closely as practical. The Service Standards cover: . Easement requirements . Clearances required from power lines and equipment . Ownership of electric equipment . Access to electric equipment customers must provide to DME and penalties for not providing sufficient access . Classification of types of line extensions and qualifications for each category . Maximum line extension lengths provided at no cost to customers . Methods for determining cost ofline extensions and special equipment installation that customers must pay for . Procedures for and timing of required customer payments . Specification of applicable national codes . Metering requirements and responsibility for cost of metering equipment . Quality and continuity of electric service DME will provide . Customer responsibility for equipment located on customer premises, behind the DME electric meter . DME and customer responsibilities related to installation of streetlights per the Municipal Code . Location of service (front lot) . Rate classification if a business and residence are under one roof and served by a single meter . Customer liability for protection of and damage to DME equipment . Requirements for connection of generation to the DME distribution system and penalties for failure to meet these requirements . DME liability, indemnity, and warranties The Electric Service Standards establish the terms under which DME provides local distribution service to its customers. The structure of those terms is directly linked to the amount of the DME base rate associated with providing distribution service to all DME customers. For example, ifDME provides a service at no cost to the specific customer requesting that service then the cost of providing that service must be recovered in the rates charged to all DME customers. Conversely, if the customer pays DME directly for equipment installed solely for his benefit, that cost will not have to be recovered from all customers through base rates. In today's electric marketplace, the provider of the services covered by these Service Standards is referred to as a Transmission and Distribution Service Provider (TDSP). Each TDSP has a specific certified geographical service territory, determined by the Texas Public Utilities Commission (PUC). All electric customers in a certified service territory must be connected to the distribution system of the assigned TDSP. The TDSP rate is charged to every customer in its certified territory regardless of the customer's choice of energy supplier (in deregulated areas). To the extent that DME's local distribution system rate component is not competitive with the rates of the TDSPs in the certified service territories surrounding DME, it becomes more difficult for DME to maintain an overall retail electric rate that is competitive with what DME customers see their neighbors paying. In DME's case, the two major TDSPs serving customers in the DFW area are TXU and CoServe. Therefore, to the extent that DME provides free services to individuals that its surrounding TDSPs do not provide, the costs DME must include in its overall rates will be higher than the costs other TDSPs use to develop their rates. In reviewing its existing practices, DME compared them to those of TXU and CoServ, as well as the standards applied by CPS (San Antonio) and Austin Energy, two municipal utilities (see Exhibit 2). This was done with the goal of maintaining DME' s distribution service base rate component competitive. The proposed Service Standards are identical to the policies that DME has been applying for as long as the existing DME staff can recall, except for three areas. The areas with proposed changes are: . Streetlights . Distribution Feeder Line Extension . ServicesIMetering to Individual Customers The streetlight change is proposed to bring DME into conformance with the Denton Municipal Code. The other two policy changes are proposed in order to match DME's policies with the policies used by TXU and CoServ, which are similar to those used by CPS and Austin Energy. Streetlights The Denton Municipal Code addresses the installation of streetlights in three sections. Section 34-111. Purpose and intent. (a) The standards and requirements of this article are adopted for the purpose of ensuring that all developments provide, at no cost to the city, for streets, sidewalks, streetlights, parking lots, water and sewer facilities, drainage facilities and other public and private improvements and facilities which are reasonably necessary and adequate to serve the development. Section 34-114. Streets. (15) Street Lighting a. All developments shall provide for lighting of all streets, sidewalks and public rights- of-way which are to be used for vehicular or pedestrian traffic so as to ensure the safe use thereof. b. Streetlights shall be installed within dedicated easements at all intersections, in cul- de-sacs and along all public streets at intervals of not more than three hundred (300) feet. c. The required streetlights shall be installed by the city upon payment of the cost by the developer. No streets, sidewalks or other public rights-of-way required to be lighted shall be accepted for public use until the requirements of this section are met. Section 34-123. Streetlights. (a) Basic Policy. It is the policy of the city that adequate streetlights be installed in all new developments. Detailed procedures and standards shall be governed by the comprehensive utility standards on file in the utilities department. (b) General standards. General standards for streetlights shall be as follows: (1) Developers shall furnish satisfactory easements for installation of services to streetlights, normally five (5) feet in width. (2) Streetlight number, type and size shall be determined by the utilities department. (3) Developers will pay the pro rata cost of streetlight installations. (4) Streetlights are normally required at all intersections, in cul-de- sacs and at approximately three-hundred-foot intervals on tangent streets. DME, as a part of the City, fulfills the code requirement that the City install streetlights. The City general government pays DME for the operation and maintenance of those streetlights. Both CPS and Austin Energy also act as their general government's agent for installation of streetlights. In San Antonio, the city general government pays CPS for installation of the streetlights. In Austin, developers are responsible for the cost of initial installation. In the mid 1990's, when a significant part of the Denton city limit was either dually or triply certified with TXU and/or CoServe, both of those entities were aggressively competing with DME to convince new developments to connect to their distribution systems rather than take service from DME. During that period both entities began offering free streetlights to developers as an incentive to get their business. DME was forced to match that practice in order to successfully compete. Both TXU and CoServ ceased providing free streetlights several years ago. DME has continued to provide free streetlights to developers. The proposed Service Standards return to the streetlight payment policy specified in the Municipal Code. Based on historical data, this change is expected to reduce DME' s "TDSP" costs an average of approximately $300,000 per year. The actual savings will vary each year depending on the level of development activity that occurs during the year. Distribution Feeder Line Extension DME has not had an official policy specifying the maximum distance that a distribution feeder line will be extended at no cost to the customer requesting the extension or exactly what criteria would be used to calculate a customer's share of the cost of a line extension. The proposed standard establishes a free line extension limit of 300 feet, which is consistent with the standard applied by TXU and Austin Energy. DME chose to use Austin Energy's method of calculating the load credit applied to a customer's share ofline extension costs beyond 300 feet because it was straightforward and seemed to be the fairest way to approach the credit issue. Placing fixed dollar values in a standard that is intended for long-term use creates the need to constantly update those numbers as economic conditions change. Based on antidotal information, it appears that a wide variety of approaches to this issue have been used by DME over the years. Therefore, it is impossible to estimate the financial impact of this proposed standard. ServicesIMetering to Individual Customers DME has not had an official policy specifying the maximum distance allowed for a free service drop from a distribution feeder line to a customer's facility. However, the "unofficial" policy has been to provide free service to the closest point of approach on a customer's premises and charge the customer for any meter location other than that point. The proposed standard establishes a maximum free service drop distance of 100 feet, which is consistent with what is offered by TXU and CoServ. Because the closest point of approach is different for different installations, it is impossible to estimate the financial impact of this proposed standard. However, based on field experience, the average length of service drops is 60 feet. Setting the limit at 100 feet will eliminate all but 40 feet oflonger than average service drops on large properties. It has been DME's practice to provide meter bases to customers/contractors free of charge. The proposed standard requires the customer/contractor to pay for the meter base, which is consistent with what is offered by TXU and CoServ. This change in policy is estimated to provide DME an annual savings of approximately $60,000. OPTIONS: 1. Approve the Electric Service Standards as proposed by DME. 2. Approve the Electric Service Standards with recommended changes. 3. Table the item for later discussion. 4. Do not approve the concept of establishing published Electric Service Standards. RECOMMENDA TIONS: DME recommends approval of the proposed Electric Service Standards. ESTIMA TED SCHEDULE OF PROJECT: The Electric Service Standards would become effective on the first day of the month following the month in which the Council approves their adoption. DME will send notice of the adoption of the Electric Service Standards and its effective date to firms on the Planning Department notification list. Contractors/customers with building permits will be able to obtain a free standard meter base from DME up to the effective date of the Electric Service Standards. Once the Standards becomes effective regardless of the date of issue of their building permit, contractors/customers will purchase their meter bases from building suppliers, just as they do when they are building in areas served by TXU or CoServ. Free streetlights will be provided to developments that have received final plat comments as of the effective date of the Electric Service Standards and completed installation of their streetlights not later than six months after the effective date of the Standards. DME will accommodate as many requests to complete streetlight installations as practical within normal business practice. DME will not work overtime or hire additional contract crews solely to accommodate an unusual number of last minute requests for streetlight installations. In the event DME receives more requests for streetlight installations than can be accommodated prior to the six-month deadline, installations will be made in the order the requests were received. If a development is not ready for work to begin when its request becomes the next in line, it will be moved to the end of the Ii st. PRIOR ACTIONIREVIEW (Council. Boards. Commission): The Public Utilities Board approved the Electric Service Standards, with one change, by a vote of 4 to 0 with 4 members present. The Public Utilities Board requested that a customer be given the option of using either the actual cost or a non-adjustable estimated cost for a required contribution-in-aid of construction. That change has been made in the Electric Service Standards shown in Exhibit 3 FISCAL INFORMATION: Approximately $360,000 of known annual cost savings have been identified. EXHIBITS 1. Ordinance 2. Comparison Chart 3. Electric Service Standards 4. PUB Minutes Respectfully submitted: .. II III! Sharon Mays Director of Electric Utilities Prepared by: Phil Rennaker Electric External Affairs Specialist ORDINANCE NO. 2005- AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AND ADOPTING THE "DENTON MUNICIPAL ELECTRIC - ELECTRIC SERVICE STANDARDS" REGARDING THE CITY'S MUNICIPALLY- OWNED ELECTRIC UTILITY; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council recognizes the appropriateness of a comprehensive, written method of communication, in clearly making known its Denton Municipal Electric - Electric Service Standards, to the citizens of the City of Denton, Texas; and WHEREAS, after having reviewed the Denton Municipal Electric - Electric Service Standards, the City Council is of the opinion that the attached Denton Municipal Electric - Electric Service Standards are in the best interest of the citizens of the City of Denton, Texas and should therefore be approved and adopted by the City Council, as attached; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the "Denton Municipal Electric - Electric Service Standards" which are attached as Exhibit "A" hereto, are hereby approved and adopted herein and incorporated by reference by the City Council. SECTION 2. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invali di ty. SECTION 4. That this ordinance shall become effective on and after November 1,2005. SECTION 5. That this ordinance and attached exhibit shall be maintained by the City Secretary for public inspection and copying. 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CO Q) 0 :J'--enQ)'--Q5Q5 Q)O co.. 0 U .E .~ -0 .E en en E 0 = U en ...... o Z '-- Q) en en E CO C >. en Q) COQ) 0>' 0... - -0 '-- "'" -0 Q) '+- ,., C'--en......en'-- Q)Q)(j)coQ)Q) ......EoE:J> ~.9o:.;:::::;co en - en Q) '-- :J CO Q) > Q) 'S;: U OC '+- Q) E . > ._ 0 '-- 0 -0 w--~:::R Q)(j) 0 ~ 0 -0 0 en:J'c Oo-oocouQ) ('I)CON..o 0... >< o CO Q) en ,.Q ......E ..0 ~ en -0 C ...... en en -0 ~ C C '0 Q) . - C E w Q) o CO 0... Q) 0... 0 ...... ......Q) 0... '+- 0 0... 0::::: eneoO'-- '--O:::::E ~Q)......o-o~~O '--E6...--Q)~oE.~ Q) 0....- ..g Q) en ._> E 'S co C' C E ...... :J 0 . o Q) enE'--Q) 0- ..... Q) 0 0 .- 0... ," (j) Q) ~ .~ en ...... 0 >< ........ :J'--enQ),--en,--coC5O U .E .~ -0 .E 6 .E E C g Q) Table of Contents 1. Definitions 1 2. General 8 3. Point of Delivery 15 4. Method of Providing Service 16 5. Continuity of Electric Service 16 6. Lighting 17 7. General Line Extensions 18 8. Residential Line Extensions 19 9. Other Line Extensions 20 10. Residential Developments 22 11. Mobile Home Developments 23 12. Commercial Developments 25 13. Temporary Service 26 14. Meters 27 15. Customers Receipt of Electric Energy 27 16. Customers Use of Electric Energy 28 17. Customers Electrical Load 28 18. Interconnection to Electric System 29 19. Liability, Indemnity, and Disclaimer of Warranties 30 20. Conditions to be Fulfilled by Applicant or Customer 31 Appendix A 34 EXHIBIT 3 DENTON MUNICIPAL ELECTRIC ELECTRIC SERVICE STANDARDS [ADOPTED BY THE DENTON CITY COUNCIL - EFFECTIVE NOVEMBER 1, 2005] 1. DEFINITIONS a. Accessible (as applied to wiring methods): Capable of being removed or exposed without damaging the building structure or finish, or not permanently closed in by the structure or finish of the building. (Applicable Reference - NEC 100) b. Accessible (as applied to equipment): Allowing close approach: Not guarded by locked doors, elevation, or other effective means. Allows doors or covers to be fully opened or removed, and equipment to be operated safely by service personnel. (Applicable Reference - NEC 100) c. Accessible, Readily: Capable of being reached quickly for operation, renewal, or inspections, without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, chairs, and so forth. (Applicable Reference - NEC 100 Section 2) d. Aid-in-Construction: A fee required to offset the cost of construction of facilities outside those normally allowed for installation of electric service. e. Approved: Acceptable to Denton Municipal Electric (DME) or other Authority having jurisdiction. (Applicable Reference - NEC 100) f. Authority: Any person or organization with the legal right to control or regulate the devices or actions under discussion. g. Base Revenues: Base Revenues are all charges under the Customer's applicable rate schedule not including Energy Cost Adjustment (ECA) or Renewable Cost Adjustment (RCA) charges. h. Building: "Building" referred to in these standards includes all occupancies within the same outside walls under a common roof. Individual occupancies separated by - 1 - firewalls or fire barriers do not constitute separate buildings for the purpose of receiving electric service drops or laterals. I. Cable: A solid conductor with insulation, or a stranded conductor with or without insulation and other coverings (single-conductor cable), or a combination of conductors insulated from one another (multiple-conductor cable). (Applicable Reference - NESC Section 2) J. Conductors Considered Outside of Building: Conductors shall be considered outside of a building or other structure if they are installed under any of the following conditions (Applicable Reference - NEC 230.6): (1) Where installed under not less than two-inches of concrete beneath a building or other structure; or (2) Where installed within a building or other structure in a raceway that is encased in concrete or brick not less than two inches thick; or (3) Where installed in any vault that meets the construction requirements of NEC Article 450, Part III; or (4) Where installed in conduit under not less than twenty four (24") inches of earth beneath a building or other structure. k. Conductor, Electric: A material usually in the form of a wire, cable, or bus-bar, suitable for carrying an electric current. (Applicable Reference - NESC) I. Conduit: A single channel designed and approved specifically for electrical conductors. m. Customer: Any individual, partnership, assocIatIOn, JOInt venture, firm, public or private corporation or governmental agency who is applicant for, or who is receiving the benefit of electric service at a specified Point of Delivery from DME. This term also includes any authorized representative who designs or constructs the service and meter installation. n. Customer's Installation: With the exception of DME meter installation, all wiring, devices, apparatus and appliances of any kind or nature useful in connection with Customer's ability to take electric service that are installed on Customer's side of the DME determined Point of Delivery. - 2 - o. Demand Load: The term "demand load" as used herein shall mean the maximum load in kilowatts during any specified time interval. The maximum demand will be determined by appropriate DME personnel and will be used to determine the size and rating of all equipment used in the DME service installation. Demand load may be expressed in terms of amperes, watts, or volt-amperes. p. Denton Municipal Electric (DME): The municipal electric utility owned and operated by the City of Denton, Texas in Denton County, Texas. q. Electric Service: The availability of electric service at the Point of Delivery to all Customers for their general use, irrespective of whether any electric energy is actually taken. r. Enclosure: The case or housing of apparatus, or the fence or wall that surrounds an installation to prevent personnel from accidentally contacting energized parts, or to protect the equipment from physical damage. (Applicable Reference - NEC 100) s. Enclosure, Meter: An enclosure whose purpose is housing the DME kWh or kW meter(s). See S1.z,. and S l.aa. herein. t. Enclosure, Instrument Transformer: An enclosure whose purpose is housing the DME instrument transformers (voltage or current transformers). u. Energy, Electric: Electrical power (kilowatts) consumed over a given amount of time. The unit of energy as used herein shall be the kilowatt-hour. (a Kilowatt-hour is 1000 watt- hours). v. Fire Protection Note (FPN): Notes included that highlight fire potential areas related to grounding or fault protection. w. Ground: A conducting connection, whether intentional or accidental, between an electrical circuit or equipment and the earth, or to some conducting body that serves in place of the earth. (Applicable Reference - NEC 100) x. Grounded: Connected to the earth or to some conducting body that serves in place of the earth. (Applicable Reference - NEC 100) - 3 - y. Grounded Effectively: Intentionally connected to the earth through a ground connection or connections of sufficiently low impedance and having sufficient current-carrying capacity to prevent the buildup of voltages that may result in undue hazards to connected equipment or to persons. z. Meter: The device or any auxiliary equipment installed by DME to measure customer electric energy and demand. Meters are classified as either single-phase or three- phase, and are either self-contained or transformer-rated. Self-contained meters operate directly from the service voltage and load current. Transformer-rated meters require current transformers ("CT's") or voltage transformers ("VT's"), or both, to reduce the service current or voltage when they are beyond the measuring capacity of self-contained meters. aa. Meter Loop: All wiring and connections within the meter or instrument transformer enclosure or meter socket required to connect metering equipment to a Customer's residence or place of business. This equipment usually consists of service lateral or service entrance conductors within the meter or instrument transformer enclosure or meter socket for connection to the line and load side of metering equipment. bb. Meter Socket (Single-position): A DME-approved single-position enclosure of weather resistant design used for mounting a detachable type self-contained meter. cc. National Electrical Code (NEC, ANSI/NFPA-70): An American National Standard published by the National Fire Protection Association for the purposes of safeguarding persons and property from hazards arising from the use of electricity, and setting forth provisions considered necessary for safety. Electrical contractors must abide by the NEC, for internal and external wiring of buildings and structures. This Code shall be referred to herein as the NEC and shall mean the edition of the code approved by DME, or the authority having jurisdiction. Some NEC data referred to herein may be modified from time to time as determined by the National Fire Protection Association or its successors. The more stringent requirements shall apply where there is a difference between DME service standards and the NEC. dd. National Electrical Safety Code (NESC, ANSI C2): An American National Standard published by the Institute of Electrical and Electronics Engineers, Inc. (IEEE). - 4 - The purpose of the NESC is the practical safeguarding of persons during the installation, operation, or maintenance of electric supply and communication lines and associated equipment. The NESC covers supply and communication lines, equipment, and associated work practices employed by a public or private electric supply, communications, railway, or similar utility in the exercise of its function as a utility. It covers similar systems under the control of qualified persons, such as those associated with an industrial complex or utility interactive system. The Code or revisions to the Code shall be referred to herein as the NESC. It shall be the 2002 Edition thereof and all subsequent editions. Some NESC data referred to herein may be modified from time-to-time as determined by the National Fire Protection Association or its successor(s). The more stringent requirements shall apply where there is a difference between DME service standards and the NESC. ee. Point of Delivery: The point where the electric energy first leaves the conductors or devices owned by DME and enters the service entrance, other conductors, or devices owned by customer. (Also see NEC 100 "Service Point") (1) Point of Delivery - Pad-Mounted Transformers to Commercial or Industrial Customers: Where Pad-Mounted transformers are installed to serve commercial or industrial customers, or high-rise multiple-occupancy residential buildings, the Point of Delivery will be at the secondary transformer spades, regardless of meter location. The customer must provide and install DME approved secondary connections in the transformer. (2) Point of Delivery - Primary-voltage Cable to High-rise Residential Buildings: Where DME-owned primary-voltage cable serves transformer vaults with transformers supplying secondary-voltage service to grouped or individual meters, the Point of Delivery will be in the transformer vault at the secondary spades of the transformer. All DME owned conductors shall be effectively outside the building in accordance with S l.h hereof. (3) Point of Delivery - Primary-voltage Service - Overhead: The Point of Delivery will be at the line-side terminals of the DME primary metering equipment. (4) Point of Delivery - Primary-voltage Service - Underground: The Point of Delivery will be in a metering compartment within Customer's switchgear or switchboard, or in a separate primary meter enclosure. - 5 - (5) Point of Delivery - Underground Service from Overhead Distribution: Where an underground service is taken from a transformer or from an overhead secondary on a DME pole in an overhead distribution area, the Point of Delivery will normally be at the meter equipment located outdoors on the Customer's building or structure. Where meters are grouped with wire gutters, S2.k shall apply. If a bussed gutter is used, the Point of Delivery will be at the secondary transformer spades, or it will be in the secondary connection box ahead of the gutter if one is required. ff. Property Owner: The owner of the real property where electric structures, equipment, or easements are located. gg. Raceway: An enclosed channel of metal or nonmetallic materials designed expressly for holding wires, cables or buss-bars, with additional functions as permitted by NEC 100. "Raceway" as used herein will mean one or more above ground conduits. hh. Service Conductors: The conductors from the Point of Delivery to the service disconnecting means. (Applicable Reference - NEC 100) II. Service Drop: The overhead service conductors extending from the DME overhead distribution system to the Point of Delivery where the connection is made to the Customer's service-entrance conductors at the building. (Applicable Reference - NEC 100) (1) "Triplex" or "Quadraplex" cables are used for most service drops and consist of one bare neutral and two or three insulated aluminum conductors. (2) Larger service drops consist of three or four ethylene-propylene rubber (EPR) insulated copper conductors. They may be installed either "open" (moused) where each phase conductor is separate and attached to the structure or building separately, or "cabled" (bundled) where all phase conductors are twisted together and attached to the building or structure at one point. JJ. Service-entrance Conductors - Overhead System: The service conductors between the terminals of the service equipment and a point usually outside the building, clear of building walls, where joined by taps or splice, to the service drop. (Applicable Reference - NEC 100) kk. Service-entrance Conductors - Underground System: The conductors between the terminals of the service equipment and the point of connection to the service lateral. (Applicable Reference - NEC 100) - 6 - II. Service Equipment: The necessary equipment, usually consisting of a circuit breaker(s) or switch(es) and fusees), and their accessories, connected to the load end of service conductors to a building or other structure, or an otherwise designated area, and intended to constitute the main control and cutoff of the supply. (Applicable Reference - NEC 100) mm. Service Installation: The service drops or laterals and meter, together with auxiliary devices and poles, if any, owned and installed by DME used to connect the DME electric supply lines to Customer's installation. nn. Service Lateral: The underground service conductors between the utility source, including conductors from any risers at a pole or other structure or from pad-mount transformers, and the first point of connection to the service entrance conductors in a terminal box or meter or other enclosure inside or outside the building wall. (Applicable Reference - NEC 100) 00. Service Outlet - Overhead Services: That portion of Customer's installation that includes the service raceway, Weatherhead and service entrance conductors. This term is used to describe that portion of the service that is installed, owned and maintained by Customer. pp. Service Raceway: The conduit that contains the service entrance conductors. "Raceway" as used herein refers to above-ground installations. qq. Shall, or Must, or Will: These terms signify mandatory compliance with the Articles in the DME Electric Service Standards. rr. Transformer Vault (Room): An approved space for housing DME-owned distribution transformers that supply electric service to Customer's premises. Vaults and rooms shall be designed and built in accordance with NEC and DME standards, be suitable for the purpose intended, and shall be readily accessible as defined in S l.c. hereof. ss. Transmission Line: Any line operating at a nominal line-to-line voltage equal to or greater than 60,000 volts. tt. Transocket: A single enclosure for instrument rated metering. Includes meter socket, current transformers, voltage transformers (if required), and test switch. When the - 7 - current limitations of a self-contained meter socket are exceeded, a Transocket may be installed as standard equipment for applications of 480 volts or less. uu. Underground Distribution System: Underground distribution installation/system consisting of any combination of the following - conduit, conductor cable, vaults, risers, and pad-mounted switchgear. vv. Underground Residential Distribution (URD) System: Those residential areas in overhead distribution areas that are served from an isolated underground electric system. ww. Voltage, Nominal: A nominal value assigned to a circuit or system, for the purpose of, conveniently designating its voltage class. (e.g. 120/240 volts, 480Y/277 volts, 600 volts, etc.) The actual voltage that a circuit supplies can vary from the nominal value within a range that permits satisfactory operation of equipment. (Applicable Reference - NEC 100) xx. VVeatherhead: An enclosure designed to allow for weather resistant entry of cable or conductors to an electrical enclosure. yy. Weather Resistant: Constructed or protected so that exposure to the weather will not interfere with successful operation. (Applicable Reference - NEC 100) 2. GENERAL PROVISIONS a. Location Limitations: DME does not allow DME owned conduit and cable, or un-metered Customer conductors, under a building or permanent structure. b. Clearance and Easement Requirements: (1) DME requires certain clearances or easements for new installations of its electrical equipment. Other utilities may require additional clearances or easements. (a) The City of Denton has adopted the National Electrical Safety Code (The "Code"). The Code generally prohibits structures within 17.5 feet on either side of the center-line of overhead distribution lines and within 30 feet on either side of the centerline of overhead transmission lines. In some instances the code requires greater clearances. Building permits will not be issued for - 8 - structures within these clearance areas. Contact the building official with specific questions. (b) The above statement shall be stamped on all Final Plats. (2) DME may require additional easements for the safe, reliable, and efficient installation of electric utilities. These easements will be determined when the final layout of the development and electrical load data is provided in accordance with the City of Denton Municipal Code, Denton Development Code and all subsequent resolutions and ordinances adopted by the City Council of the City of Denton, Texas (3) The property owner is responsible for maintaining all existing electric and public utility easements on the property free of structures and in accordance with current City of Denton ordinances or other directives. c. Clearance: (1) Power Line Clearance From Vegetation/Trees For reasons of safety and system reliability, DME requires ten (10) feet clearance in all directions from overhead power lines. DME will, at its discretion, trim or remove all trees or other vegetation that grow within this distance. When trimming trees, DME will follow ANSI standards and make reasonable efforts to preserve the health of trees in accordance with accepted utility industry practice and any applicable legal requirements (2) Clearance Around Pad-Mounted Equipment DME requires ten (10) feet of clearance from any non-opening side and twenty (20) feet of clearance from any doors on pad-mounted equipment. Service will not be connected if adequate clearances are not provided. For equipment in service, in non-emergency situations, when availability of electric service to Customers is not in immediate jeopardy, DME will provide written notice of the violation and allow the property owner seven (7) days to remedy the situation. If that does not occur, or the property owner has not demonstrated to DME's satisfaction that he is making a reasonable attempt to remove the problem in a timely fashion, DME will either remove the obstruction at the property owner's expense or terminate service. In the case of an outage to Customers or an emergency, DME reserves the right to immediately, without notice to the property owner, remove any item or obstruction that restricts access to electric facilities at the property owner's expense. - 9 - d. Ownership of Distribution Facilities: DME shall retain the ownership of all material and facilities installed by DME for the distribution of electric energy whether or not the same have been fully or partially paid for by the Customer through Aid-in-Construction at the time of installation. All lines and facilities constructed or installed by DME are the property ofDME. DME will install and maintain the electric supply lines and service installations on DME's side of the Point of Delivery. DME will not install or maintain any facilities or devices except meters, on Customer's side of the Point of Delivery. e. Relocation of Facilities: DME will relocate its facilities on Customer's premises at Customer's request provided that Customer has (1) provided a satisfactory easement for the new facilities; and (2) paid in advance the estimated costs for the removal of the old facilities, and all costs for the construction of new facilities. IfDME determines it is necessary to move its facilities because Customer fails or refuses to allow DME access to DME's facilities at any time, then Customer will be billed the actual cost of relocation. If development requires the relocation of existing electrical facilities, the Customer/Developer will be responsible for all costs associated with the relocation. The Customer/Developer may elect to use either the estimated cost provided by DME or the actual costs of the relocation. The choice must be made before any work will commence and may not be changed once work has begun. DME will provide an estimate of the relocation cost, which must be paid in full prior to DME commencing work on the relocation. If the estimated cost is elected and the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. If the actual cost is elected and the estimated cost differs from the actual cost by $1500 or 10%, whichever is greater, the excess will be refunded or shortages billed to the Customer/Developer. (1) Line Clearance For Transportation or Construction (a) DME will assist in the transportation of oversized objects through or across DME's right-of-way or in the construction of buried facilities within DME's right-of-way by temporarily de-energizing DME facilities or temporarily relocating or raising electric facilities provided that DME receives compensation for all actual costs incurred. (b) Actual cost shall mean: (i) Total construction costs including but not limited to DME or contract labor (including overheads); materials used, vehicle usage (including mileage); engineering, right of way acquisition and clearing; - 10 - (ii) Cost for Administrative and Billing related activities. f. National Electrical Safety Code: The Customer, Developer, and Property Owner are responsible for maintaining the level of care set forth by the latest State of Texas adopted National Electrical Safety Code for existing and planned electric utilities in all developments. g. Service Characteristics: The electric service provided by DME IS alternating current at a nominal frequency of 60 Hertz. h. Voltages: Overhead Primary Service Three Phase Underground Primary Service Three Phase 7,620/13,200GY 7,620/13,200GY Overhead Secondary Service Single phase Three Phase Underground Secondary Service Single phase Three Phase 120/208 120/240 240/480 120/240 240 277/480 480 120/208 120/240 240/480 120/240 240 277/480 480 FPN: See ANSI C84.1-1995, Voltage Ratings for Electric Power Systems and Equipment (60 Hz). I. Number of Services: (1) For each Customer account, DME will supply service at one point, through one meter, at one voltage class under its rate schedules, and "Service Standards". (2) A building, other structure, or property served shall be supplied by only one service. (Applicable Reference - NEC 230.2). Where exceptions are made, Customer and DME must agree to the exception and all costs for additional services will be the responsibility of the Customer. (3) DME reserves the right to make the final determination concerning the type of service provided. J. Metering: (1) Customer's meter shall be installed at a suitable location as determined by DME. - 11 - (2) The meter socket shall be furnished, owned and installed by the Customer (see Appendix A attached hereto for sizes). (3) All service taken at the same Point of Delivery will be metered with one meter, or in the case of multiple-occupancy, with grouped meters. (4) Where it is necessary for DME to supply service with more than one transformer, and Customer arranges his service entrance to receive all services at one location, DME may provide totalizing metering at DME' s discretion. (5) Where additional transformers are used for Customer's convenience to supply their demand load, and the transformers are not located together, separate meters will be installed. If the transformers are located together and totalizing equipment is used, the totalizing equipment shall be installed at Customer's expense. (6) DME will not allow meter sockets to be mounted on pad-mounted transformers. The Customer shall install a one-inch conduit from the pad- mounted transformer's secondary compartment to a remotely mounted meter socket. The Customer shall install pull tape in this conduit for DME' s use. (7) In order to comply with the requirements of the Electric Reliability Council of Texas or its successors, DME requires that a Customer supplied active telephone line be installed to each meter for loads that require a 750kV A or larger transformer. DME reserves the right to require Customer supplied active telephone lines on any special metering installations, such as those that provide load-profile or load-optimization data, and on any metered load that requires a 500kV A or larger transformer. k. Separate Services Supplied: (1) Where multiple customers are served from a single transformer, external disconnects shall be installed by the customers at the building service entrances. Where more than one service is supplied in accordance with S2.i. and s3.a. herein, a permanent tag or directory made of brass and approved by DME, shall be installed at each service disconnect location denoting all other services or feeders, the supplying building or structure, and the area served by each. See NEC 235.37, NEC 230.2(E) Section. FPN: Where service equipment is located outside the building walls, there may be no service-entrance conductors, or they may be entirely outside the building. (2) A minimum two-hour fire barrier is required where separate services are supplied to a building. The fire barrier rating shall be based on the Building Codes adopted by the City of Denton. If this requirement is not met, DME shall enforce this requirement through refusal to supply electric service to a newly constructed facility or disconnection of electric service to an existing facility. The Fire Marshall, Building Inspector, or DME's Operations Department may issue - 12 - disconnection orders. Services in buildings with multiple services shall not cross fire barriers. I. One Building or Other Structure Not to Be Supplied Through or Under Another: DME owned service conductors shall not pass through the interior or beneath any building or other structure to provide service to another building. m. Single Phase Residential Service Lateral Lengths: The maximum service lateral length permitted will be based upon several factors including voltage drop, service length, and load. The maximum service lateral distance shall not exceed 250 feet. For service lateral lengths exceeding this distance, the meter and service equipment shall be located adjacent to the transformer or at the property boundary nearest the transformer. The Point of Delivery will be at the service equipment adjacent to the transformer. n. Availability of Electric Service: Service may not be readily available in all areas served by DME. The Customer shall consult with DME prior to requesting service to determine possible costs, and timelines for extension. (See s9.a. hereof) o. Access to Equipment: Where DME's equipment is located on the Customer's premises, the Customer shall be responsible for clearing the route for access and making all equipment Readily Accessible for operation, maintenance and replacement. p. Initiation of Service: Application for service can be made at either Customer Service office: Main Office: 601 East Hickory Street Suite F Denton, TX Satellite Office: Golden Triangle Mall 2201 South 1-35 East Denton, TX or by phone at (940) 349-8700, during normal business hours. (1) Electric service is provided to Customers in DME's certificated area who have satisfactorily established credit and have met all conditions contained herein. (2) If a line extension is required or if facilities are not available, DME shall inform the Customer in a timely manner following receipt of the application and give the Customer an estimated completion date. (3) Any construction cost options such as rebates to the Customer, sharing of construction costs between the utility and the Customer, or sharing of costs - 13 - between the Customer and other applicants shall be explained to the Customer following assessment of necessary line work. q. System Protection: (1) DME does not guarantee servIce against interruptions, irregularities, or fluctuations. (2) DME is not liable for any damages caused by interruptions, irregularities, or fluctuations. (3) It is the Customer's responsibility to protect his equipment against any service irregularity including, but not limited to, overcurrents, unbalanced loads, unbalanced voltages, single phasing conditions, over-voltage, under-voltages, surges, brownouts, blackouts, or any other service irregularity. r. Contract for Service: (1) Acceptance of Service under any rate schedule constitutes acceptance of and agreement to these Electric Service Standards. (2) Customer requests for electric service of the character and type provided by DME are granted within the limitations of the applicable rate schedule for electric service, the availability of DME facilities, the characteristics of Customer's electrical load, and these Electric Service Standards. (3) DME may require special contractual arrangements, which may include additional charges, prior to DME' s providing electric service if the electric service requested by Customer is not available at the service location, is other than that which DME provides under its standard service alternatives or if the service requested is not adequately compensated for by the applicable rate schedule. (4) The grant of an application shall operate as an acceptance of Applicant's offer to purchase electric service and abide by DME's Electric Service Standards. (5) Any Customer taking electric service from DME, in consideration of DME's supplying electric service and regardless whether or not such Customer has made application for such electric service, is bound by these Electric Service Standards and is liable to DME for payment for such electric service under the applicable rate schedule. (6) Customer assumes all responsibility on Customer's side of the Point of Delivery, excluding DME's meter, for the service supplied or taken as well as for the Customer's installation including appliances and apparatus used in conjunction therewith. - 14 - 3. POINT(S) OF DELIVERY DME shall determine points of delivery. The Point(s) of Delivery listed below are intended to be applicable to the majority of services. All parties concerned must recognize that isolated circumstances not covered in this document may require delivery at a point other than as specified herein. a. Commonly Used Points of Delivery: (1) Service Drops: Where DME has existing service conductors continuous and unbroken to a meter socket or enclosure, the Point of Delivery will be at the line-side of the meter socket or load side of the metering current transformers. Where there is a point of junction between DME service-drop conductors and customer's service-entrance conductors, the Point of Delivery shall be at that junction (Weatherhead). (2) URD Areas and Apartment Complexes with Underground Service: (a) Commercial and Industrial: The point of delivery for commercial and industrial facilities will be the secondary terminals of pad-mounted transformers. (b) The Point of Delivery for single-family dwellings will be at the line side of the meter socket or load side of the metering current transformers. The Point of Delivery for multi-family dwellings will be at the secondary spades of either a transformer or connection cabinet. Where a main disconnecting device is installed ahead of meters, the Point of Delivery will be in that device. Where DME-owned service-lateral conductors serve a wire gutter, the Point of Delivery will be in a junction box ahead of the wire gutter, or at a pedestal, or transformer as determined by DME. (c) Where two meters are served from a wire gutter the Point of Delivery will be at the secondary transformer spades or secondary connection box. (d) Where two-meter meter pedestal installations are used, no external junction box will be required. The Point of Delivery will be at the line side of the meter socket. (e) Where one to six meters are served from a Customer owned meter module, the Point of Delivery will be at the secondary transformer spades or secondary connection box. (f) Other Points of Delivery will be as determined by DME as needed. - 15 - 4. METHOD OF PROVIDING SERVICE a. Overhead Service Drop: Electric service from overhead distribution facilities is available to Customers who meet the requirements of these Electric Service Standards. To receive overhead service, a Customer must install a suitable bracket for attachment of DME Conductors in compliance with NESC requirements. DME may refuse to provide overhead service in any area where DME has or expects to have substantial investment in underground distribution facilities or is required by City codes or guidelines to place new service underground. DME provides overhead service drops up to 100 feet in length at no cost to the customer. The Customer is responsible for all costs for service drops longer than 100 feet. b. Underground Electric Service: Electric service from underground distribution facilities is available to Customers who meet the requirements of these Electric Service Standards. In areas served by DME's underground distribution system, phase and voltage of electric service may be limited to that which can be provided from existing facilities. The location and routing of underground distribution facilities will be determined by DME. A Customer may be required to provide, at his/her expense, pads for pad-mounted transformers, conduit, and other associated equipment prior to commencement of construction. Before the installation of underground distribution facilities, a Customer will complete rough site grading, establish final grade along conductor route, clearly mark or, if required by DME, expose to view any underground installation including gas lines, water lines, wastewater lines, communication lines, etc., and clear the area of all obstructions. Following installation, no change shall be made in the grade along the conductor route without the consent of DME. DME provides underground service drops up to 100 feet in length at no cost to the customer. The Customer is responsible for all costs for service drops longer than 100 feet. 5. CONTINUITY OF ELECTRIC SERVICE a. Reasonable Diligence: DME uses reasonable diligence in accordance with standard utility practices to provide continuous and adequate service in accordance with the Electric Service Standards, as set forth herein, but does not warrant or represent that irregularities or interruptions will not occur. b. Service Interruptions: (1) Service interruptions may occur. Customer is responsible for installing and maintaining protective devices as are recommended or required by the most current edition of the National Electrical Code and other such devices as are necessary or advisable to protect Customer's equipment or process during - 16 - irregular or interrupted service including, but not limited to, voltage and wave form irregularities, or the failure of part or all of the electrical service. When interruptions do occur DME shall re-establish service as soon as practicable. (See S2.q. hereof) (2) DME may interrupt service to provide necessary civil defense or other emergency service in the event of a national emergency or local disaster. DME may also interrupt service as necessary for maintenance, repairs, construction, moving of buildings or oversized objects, relocation or changes of facilities, to prevent or alleviate an emergency which may disrupt operation of all or any portion of DME's system, to lessen or remove risk of harm to life or property, to aid in the restoration of electric service, on occasions when any DME wholesale power suppliers fails to deliver sufficient power and/or energy to DME, if ordered to do so by the Electric Reliability Council of Texas, and on failure of all or part of the electric transmission grid of Texas. c. Investigation of Service Interruptions and Irregularities: DME will investigate service interruptions and irregularities reported by a Customer. Such investigation normally terminates at the Point of Delivery. If standard service voltage exists at this point and DME's service facilities are in good condition, the Customer shall be so advised. DME shall not be obligated to inspect Customer's conductors, installation, or equipment. 6. LIGHTING a. Street Lighting: DME will install street lighting as requested by the developer and as required to meet local lighting regulations, including, but not limited to, requirements defined in the Denton Municipal Code and Development Code. The developer will be required to pay 100% of the estimated cost of the street lighting facilities in advance of construction. Street lighting facilities will include poles, fixtures, controls, conduit, wiring, and other electric equipment and devices required for the lighting system. Poles and fixtures will be of one of the DME standard poles and fixtures available at the time. The estimated cost for the lighting system shall mean the total cost of all construction, including not only the labor and materials used in construction but also engineering, right of way acquisition and clearing, and all other costs directly attributable to the installation. b. Area Lighting/Security Lighting: DME will construct one overhead span of 80' and install a wood pole and fixture (refer to DME rate ordinance, Schedule DD) to serve security lighting. Any Customer requirements beyond this standard shall be at the expense of the Customer. Customer shall pay in advance as non-refundable Aid-in-Construction any excess costs of such lighting construction. For underground services to security lighting, the Customer will pay in advance as a non-refundable Aid-in- - 17 - Construction such costs between the cost of a standard installation and the cost of the underground service installation. 7. GENERAL LINE EXTENSIONS a. General Policy: DME will extend its primary voltage distribution facilities to Customers in accordance with the following line extension provisions. DME will not charge the Customer for the extension of overhead primary voltage distribution facilities for any distance less than 300 feet in areas where overhead facilities exist. DME will not charge the Customer for the extension of underground primary voltage distribution facilities for any distance less than 300 feet in areas where underground distribution facilities exist. A Customer will be required to make a Contribution as Aid-in-Construction for the extension of primary voltage distribution facilities if the available delivery source is more than 300 feet from the point the line must be extended to or if the Customer requests an underground primary voltage distribution facility extension in an area where overhead facilities exist. Any required contribution will not include costs for facilities that are normally provided by DME, such as meters, and service drops. Each provision of 98 through 913 herein classifies the predominant type of el ectri c servi ce/use anti ci pated on Customer's premi ses and specifi es condi ti ons under which a primary voltage line extension may be made. For each location where primary voltage electric line extension is required, determination of a Customer's classification involves an evaluation of the type of installation and its use. DME shall determine Customer's classification. In the event that the classification assigned by DME is incorrect based upon Customer's subsequent actual use of the installation then DME may alter Customer's classification and apply the correct line extension classification, making appropriate adjustment to the Customer's account or billing. b. Determination of Aid-in-Construction: (1) The distance of a requested extension will be measured along the route of the new line from an existing source of primary voltage line to the point required by the Customer. The Customer will be required to pay for all costs not normally provided for by DME, less 20% of the DME estimated Base Revenues to be collected from the new Customer over a three-year period. (2) If more than one Customer is requesting service from the same extension, the length of primary line extended without a fee is equal to the product of the number of Customers to be served from the line times 300 feet. (3) The contribution required for an extension beyond 300 feet will be the difference between the cost of the line extension beyond 300 feet and 20% of - 18 - the DME estimated Base Revenues to be collected from the new Customer over a three-year period. (4) If more than one Customer is requesting service from the same extension, it shall be the responsibility of said Customers to agree on the division of the total required Aid-in-Construction. Said Customers shall provide DME with one payment for such Aid-in-Construction. DME shall not be responsible for collecting Aid-in-Construction payments from individual Customers. 8. RESIDENTIAL LINE EXTENSIONS a. Permanent and Continuing Residential Service: DME will construct a new extension of its overhead or underground distribution system to serve a permanent and continuing residential installation as follows: b. Applicability: To qualify as an extension to a permanent residential installation, the location where Customer is requesting service shall: (1) Be a single, permanent installation; and (2) Be a single or multi-family residence; and (3) If located within a residential development or mobile home park, the developer must have complied with the residential development or mobile home- park line extension policy of DME and paid all Aid-in-Construction amounts required therein. c. Point of Delivery: DME will extend its primary voltage electric facilities to the location required to provide a Service Drop to the Point of Delivery. The Customer shall install and be solely responsible for wiring of the installation and all service entrance wiring through the weather-head and the meter base to Customer's main disconnect switch or service center. d. Aid-in-Construction: DME shall estimate the actual cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right- of-way acquisition and clearing, and all other costs directly attributable to the extension. The required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in 97 hereof. The Customer may elect to use either the estimated costs or the actual costs for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With either choice, - 19 - DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (1) Aid-in-Construction Based on Estimated Costs: DME Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. 9. OTHER LINE EXTENSIONS: DME will construct a new extension of its overhead or underground distribution system to serve all other permanent installations under the following provisions: a. Applicability: To qualify as an extension under this section, the location where the Customer is requesting servi ce shall: (1) Be a permanent installation; and (2) Be a classified as commercial, industrial, or public building installation; and (3) If located within a commercial development, the developer must have complied with the commercial development line extension policy of DME and paid all Aid-in-Construction required therein. b. Point of Delivery: DME will extend its primary voltage electric facilities to the point required to provide a service drop to the Point of Delivery. The Customer shall install and be solely responsible for wiring of the installation and all service entrance wiring through the weather-head and the meter base to Customer's main disconnect switch or service center. c. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The - 20- estimated cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right- of-way acquisition and clearing, and all other costs directly attributable to the extension. Required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in 97 hereof. The Customer may elect to use either the estimated costs or the actual costs for construction. The choice must be made prior to the start of construction and the choice may not be changed once construction has begun. With either choice, DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (1) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. d. Customers with Loads Greater than 1000kW: For Customers with loads greater than 1000 kW, DME shall exercise prudent judgment in determining the conditions under which a specific line extension will be made and shall view each case individually. DME shall review such Customer's specific equipment requirements and may require Aid-in- Construction contributions for any equipment that is not normally provided as part of a line extension. e. Contract Term: Where a line extension is required to provide service, DME may require Customer to sign an Agreement For Electric Service for a term of up to five (5) years, provided, however, that an agreement for a longer term may be required in accordance with 92.r(3) herein. 10. RESIDENTIAL DEVELOPMENTS a. Applicability: (1) DME will construct a new extension of its overhead or underground distribution system to provide service within residential developments when five (5) or more contiguous lots are scheduled for immediate development, under the following conditions: - 21 - (a) The development is a platted residential subdivision to be primarily used or developed for permanent single or multi-family residential dwelling units; and (b) The development has an approved water and sewer system and improved roads; and (c) The land developer establishes credit, executes an electric service agreement, and complies with all other applicable provisions of the Electric Service Standards ofDME; and (d) The developer provides at no cost to DME: (i) Right-of-way easements and covenants on owner's property that are satisfactory to DME; and (ii) Site plans (streets, wet utilities, mechanical, electrical, plumbing. and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed; and (iii) Survey points for grades, lot corners, street ROW, and other locations reasonably necessary for installation of the electric system. (2) DME will install only a front lot system unless a specific exception is granted. DME will agree to such an exception at its sole discretion; b. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right-of- way acquisition and clearing, and all other costs directly attributable to the extension. Actual required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in 97 hereof. The Customer may elect to use either the estimated cost or the accrual cost for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With either choice, DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (1) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and - 22- estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2)Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. c. Underground or overhead service lines and metering for each residential meter location shall be estimated in the manner described in S9.b(l) herein. The developer, homebuilder, or Customer prior to installation of the service line will pay the cost in excess of 100 feet. d. Any additional cost experienced by DME for boring, hand digging, or other construction required due to placement of obstacles by the developer, homebuilder, or Customer will be paid by the developer, homebuilder, or Customer. 11. MOBILE HOME DEVELOPMENTS a. Applicability: (1) DME will construct a new extension of its overhead or underground distribution system to provide service within mobile home developments when five (5) or more contiguous lots are scheduled for immediate development, under the following conditions: (a) The development is a platted residential subdivision to be primarily used or developed for permanent mobile home dwelling units; and (b) The development has an approved water and sewer system and improved roads; and (c) The developer will provide at no cost to DME: (i) Right-of-way easements and covenants on owner's property that are satisfactory to DME; and (ii) Site plans (streets, water/wastewater utilities, mechanical, electrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed; and - 23 - (iii) Survey points, as DME requires, for grades, lot corners, street ROW, and other locations reasonably necessary for installation of the electric system; and (iv) Adequate disconnects, meter socket, pedestal, circuit breakers and receptacles at the front of each mobile home location; and (v) Secondary service lines from the meter location to the mobile home. (2) This Article does not apply to developments designed for the accommodation of travel trailers. (3) DME will install only a front lot system unless a specific exception is granted. DME will agree to such an exception at its sole discretion. b. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right-of- way acquisition and clearing, and all other costs directly attributable to the extension. Actual required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in 97 hereof. The Customer may elect to use either the estimated costs or the actual costs for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With either choice, DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (1) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1,500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1,500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. - 24- 12. COMMERCIAL DEVELOPMENTS a. Applicability: DME will construct a new extension of its overhead or underground distribution system to provide service to a commercial site, or within a commercial development where the developer requests electric infrastructure to be installed in advance of development of a site or lot, under the following conditions: (1) The site is platted for commercial development as one site or with sites or lots for multiple Customers to be primarily used or developed for permanent commercial, industrial, retail, and/or office Customers; and (2) The land developer shall comply with all applicable provisions of the Electric Service Standards ofDME; and (3) The developer will provide at no cost to DME: (a) Right-of-way easements and covenants on the owner's property that are satisfactory to DME; and (b) Site plans (streets, wet utilities, mechanical, electrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed; and. (c) Survey points for grades, lot corners, street ROW, and other locations reasonably necessary for installation of the electric system. (4) Line extensions to each Customer within the development will be according the terms and conditions in 99 herein - Other Line Extensions. b. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right-of- way acquisition and clearing, and all other costs directly attributable to the extension. The required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in 97 hereof. The Customer may elect to use either the estimated costs or the actual costs for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With either choice, DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. - 25 - (1) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1,500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1,500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. c. The developer will be required to pay, in advance, 100% of the estimated cost of such electric infrastructure. DME, at its sole discretion, may accept other guarantee or contractual arrangements in lieu of cash payment. d. For each new Customer connected to the electric infrastructure within the development, the developer will be entitled to a refund of the amount paid in advance if the estimated annual revenue from the Customer, excluding purchased power cost, is more than the revenue requirement associated with DME's system and direct investment costs of providing service to the Customer. The amount of the developer's refund shall be determined by the same formula applied to individual residential and commercial Customers requesting new service in S9.b.(3) herein. If the refund amount calculated below is less than $100 or is negative, no refund will be paid. e. No additional refunds will be paid to the developer when the sum of the refunds paid to date equals the amount of the original developer contribution. DME at its sole discretion may designate a not to exceed time limit on availability of refund of the original contribution. Developer refunds will be paid only upon notification by the developer of a refund due and will be paid within sixty (60) days after notification by the developer and verification by DME. 13. TEMPORARY SERVICE In any circumstance where the need for electric service may be for a period of less than two (2) years DME shall charge and Customer shall pay 100% of the actual cost of any and all extension, equipment, and construction, plus the cost of removal less salvage value. - 26- 14. METERS a. Location and Installation of Meter: Meters and service switches in conjunction with the meter shall be installed in accordance with the latest revision of American National Standards Institute, Incorporated Standard C12 (American National Code for Electricity Metering), and will be Readily Accessible for reading, testing and inspection, and where such activities will cause minimum interference and inconvenience to the Customer. Customer shall provide, at a suitable and easily accessible location, a minimum of four (4) feet of clearance in front of and on either side of the meter base space for installation of meters and other apparatus of DME. The Customer will be required to furnish and install, without cost to DME, other necessary metering equipment including: (1) meter board, (2) meter loop, (3) meter base, gang or rack (see Appendix A attached hereto for acceptable equipment), (4) metering enclosure, (5) safety service switches, (6) adequate earth ground, (7) an adequate anchor for service drops with centerline of meter height between four (4) and six (6) feet above final grade ground level. All meters shall be located as set forth herein. When applications are made to replace meters that have been removed from service, DME may require changes in meter locations should DME find that the existing location is no longer suitable or safe. Where a change in the meter location on the Customer's premises is required by DME, changed at the request of the Customer, or changed due to alterations on Customer's premises, the Customer shall provide and have installed at his expense, all wiring and equipment necessary for relocation the meter. b. Type of Meter and Ownership of Meter: DME shall provide, install, own, and maintain all meters necessary for the measurement of electrical energy. Such meters shall be of a standard type, which meet industry standards; however, special meters not conforming to such standards may be used for investigation or for experimental purposes. c. Limitation of Service from Single Meter: No business shall be served from a meter serving a residence unless the residence and business are combined under a single roof. Under those conditions, Commercial rates shall apply to all metered service. 15. CUSTOMER'S RECEIPT OF ELECTRIC ENERGY a. Exclusive Use: (1) When electric service is available, Customer shall purchase from DME all electric energy and service required to be used by Customer from a single consuming installation. - 27 - (2) Customer may not connect his lines to another source of electric energy without first having a written interconnection agreement signed by DME per S 18 herein. b. Customer's Installation: Customer shall at all times maintain his/her installation in accordance with the latest revision of the National Electrical Code published by the National Fire Protection Association and/or The National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc. as well as any other applicable standards that may be imposed by law, ordinance or regulation. 16. CUSTOMER'S USE OF ELECTRIC ENERGY Permitted Uses: Electric energy provided through DME facilities shall be used by the Customer exclusively for the purpose or purposes specified in the availability clause of the rate schedule under which Customer is receiving service and being billed. 17. CUSTOMER'S ELECTRICAL LOAD: a. Load Balance: DME requires Customer to control the use of electric energy so that DME's electrical load at the Point of Delivery is in reasonable balance. b. Equipment Necessary to Limit Adverse Effects: (1) DME may require Customer to provide, at Customer's expense, suitable apparatus to limit the effects on DME's distribution system of voltage fluctuations caused by electric equipment in Customer's installation where Customer is found to be operating electrical equipment which produces voltage fluctuations, interference or distorted wave forms which adversely effect electric service provided by DME to Customers. (2) In lieu of requesting Customer to install special equipment limiting such adverse effect, DME may, at its option, install at Customer's cost, additional transformer capacity (which mayor may not be dedicated solely to the Customer) or other equipment specially designed to reasonably limit such adverse effects. c. Changes in Customer's Electrical Load: (1) DME may require information concerning the nature of the load and electric service requirements as well as the expected duration of the load. Customer shall give written notice to DME fifteen (15) days in advance of connecting any motors or other devices, which might increase load above the rated capacity of transformer(s) servicing said Customer. If Customer fails to give such notice and - 28 - an overload condition causes damage to the transformer(s) servicing Customer, then Customer shall pay to DME the replacement costs of such transformer prior to the time it was damaged less salvage value. (2) If in the judgment of DME there is an increase in any electric service requirement for which, under standard engineering practice, it would be desirable to construct additional facilities, then DME may charge Customer as Aid-in-Construction or as an increased minimum, an amount not to exceed the actual cost of such facilities together with any fixed cost increase charged by DME's wholesale power supplier as a result of the Customer's increased load. DME may require the Customer to execute a new contract for electric service specifying appropriate terms including the maximum load, increased minimum load or Aid-in-Construction. d. Access: Customer will admit to Customer's premises at all hours personnel authorized by DME to inspect, install, remove, or replace DME's property, to read DME's meter, and to perform other activities necessary to provide electric service, including tree trimming and tree removal where such trees, in the opinion of DME, constitute a hazard to DME personnel or facilities, or jeopardize the provision of continuous electric service. Refusal on the part of Customer to provide access for the above purposes may, at DME's option, be sufficient cause for discontinuance of service. If services are discontinued by DME due to Customers refusal to provide proper access, service will not be restored until the facilities are relocated to provide DME proper access. Such relocation will be at Customers expense. e. Protection of Utility's Facilities on Customer's Premises: (1) Customer shall use reasonable diligence to protect DME personnel and facilities on Customer's premises. (2) In the event of loss of or damage to DME facilities on Customer's premises caused by or arising out of carelessness, neglect, or misuse by Customer or unauthorized persons, DME may require Customer to reimburse DME the full costs of such damage. 18. INTERCONNECTION TO ELECTRIC SYSTEM a. Customer Owned Generation: (1) Customers requesting interconnection and parallel operation of Distributed Generation must complete the DME approved Application for Interconnection. DME will perform the necessary pre-interconnection studies, which may include a service study, coordination study, and utility system impact study, as needed in compliance with PUCT Substantive Rules 25.211 and 25.212 or its successor(s). In instances where such studies are deemed necessary, the scope of such studies - 29- shall be based on the characteristics of the particular distributed generation facility to be interconnected and the Company's distribution system at the specific proposed location. The Customer is responsible for all costs associated with the pre-interconnection studies. (2) Once the study is completed and/or the project has been approved by DME, the Customer will pay all costs estimated for construction or extension of facilities required for interconnection and/or parallel operation. (3) Any connection to the Distribution or Transmission system without proper prior notice and execution of interconnection agreement will result in the immediate disconnection of service. Service will not be restored until any required studies are completed, the installation has been inspected and approved by DME, and an interconnection agreement has been executed. 19. LIABILITY, INDEMNITY, AND DISCLAIMER OF WARRANTIES a. Liability/Indemnity: (1) DME is responsible for design, construction, operation, and maintenance of electric service facilities up to and including the Point of Delivery. Customer is responsible for design, construction, operation, and maintenance of Customer's installation beyond the Point of Delivery and has sole control and supervision over Customer's installation. It is particularly understood that the Customer assumes full responsibility for electric energy furnished to Customer at and past the Point of Delivery and will indemnify DME against and hold DME harmless from all claims for damages including but not limited to injuries to any persons; including without limitation, death or injuries resulting therefrom, and damages to property occurring upon the premises to the Customer, arising from electric power and energy delivered by DME whether or not caused by the negligence of DME; except when the negligence of DME or its agents or agents was the sole proximate cause of such injuries, death of persons, or damages to property. (2) Except to the extent injuries or damage have been caused by DME's negligence or willful misconduct as provided in this section, it is the express intention of Customer to indemnify DME for the consequences of its own negligence. Without limiting the foregoing, DME is not and shall not be liable to Customer for damages occasioned by: (A) irregularities or interruptions (of any duration), or failure to commence electric service, caused in whole or in part by:(1) governmental or municipal action or authority, litigation, public enemies, strikes, acts of God (including weather and its resulting consequences), (2) an order of any Court or Judge granted in any bona fide adverse legal proceeding or action or any order of any commission or tribunal having jurisdiction, (3) situations or conditions described in S5.b(2) of these Electric Service Standards, (4) the absence, inadequacy or failure of protective devices which are the responsibility of the Customer, (5) the inadequacy or - 30 - failure of generation or transmission facilities, or (6) any other act or thing reasonably beyond the control of Customer, or as may be authorized elsewhere; or (B) any interruption of service not occasioned by situations or conditions described in (A) above that has not existed continuously for beyond a reasonable period of time after notice to DME, which reasonable period shall under no circumstances be less than twenty-four (24) hours or any interruption of service of greater than a reasonable duration if DME has used reasonable diligence in attempts to restore electric service after DME is notified of such interruption. (3) DME may perform voluntary or emergency acts to electric facilities which are the responsibility of the Customer but shall have no liability for damages or injuries resulting from said acts except to the extent that said damages or injuries are proximately caused by acts or omissions of DME which are found to be wanton or willful with the actual intent to cause injury. (4) In any claim or cause of action relating to the provision of electric service asserted by Customer or any other person against DME, DME shall not be liable for any consequential, special, or non-direct damages, including but not limited to loss of use of equipment, extra expense due to the use of temporary or replacement equipment, loss of electronic data or program, loss of business revenue, costs of capital, or any cost not part of necessary repair to or reasonable replacement of electric equipment whether the claim or cause of action is based upon contract, tort, negligence, products liability, or any other theory of recovery. b. Disclaimer of Warranties: DME MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c. Terms of Contract: The terms of the contract are the provisions of the Electric Service Standards of DME, the applicable electric rate schedule, any applicable contracts associated with DME Rate Schedule SFR (Special Facilities Rider), and any applicable easements. 20. CONDITIONS TO BE FULFILLED BY APPLICANT OR CUSTOMER As conditions precedent to the performance or obligation to perform any part of the contract for electric service by DME or the provision of any electric service, Customer shall : - 31 - a. Comply with the Law: Customer warrants to DME that he or she has complied with all Federal, State, County, and Municipal laws and regulations governing the service applied for and shall remain continuously in compliance with said regulations. DME does not undertake to determine if Customer is in compliance with the law and the provision of service shall not be construed as any indicia of compliance; however, DME may require a copy of any approval required by law, ordinance or regulation prior to the provision of service or may refuse new service or discontinue existing service if Customer fails or refuses to comply with applicable Federal, State and Municipal laws and regulations. b. Comply with Service Standards: Applicant/Customer shall comply with the Electric Service Standards of DME governing the service applied for. c. Customer's Installation: Customer warrants to DME that Customer's installation is constructed in accordance with all applicable provisions of the latest revision of the National Electrical Code published by the National Fire Protection Association and/or the latest revision of the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc., all City of Denton Development and Construction Codes, as well as any other Codes that may be applicable. Customer further warrants to DME that Customer's installation will be maintained in accordance with such Codes. DME does not undertake to determine if Customer's installation complies with such standards and the provision of service shall not be construed as any indicia of compliance; however, should it come to the attention of DME that Customer's installation does not conform to such standards, Customer may be required to conform prior to the provision of new service, or DME may lawfully discontinue existing service. d. Easement: Customer shall grant to or secure for DME any easements necessary to supply service in accordance with S2.b.(2) hereof. The acquisition of all easements will be at the Customer's expense. In the event the Customer is not able to secure an easement acceptable to DME after reasonable attempts, then Customer shall reimburse DME all costs incurred by DME associated with its acquiring said easements or redesigning the electric system to work around the lack of the required easements. e. Construction Costs: Customer shall fulfill all obligations for the payment of construction costs in the manner prescribed in these Electric Service Standards governing line extensions. - 32 - f. Assignment of Contract: The Customer shall not assign the Agreement For Electric Service or any of Customer's rights or obligations arising thereunder, except by the express written consent of DME, and in compliance with Electric Service Standards of DME as adopted by the City Council of the City of Denton. Texas. Any Agreement For Electric Service reached by DME and a Customer shall inure to the benefit of DME's successors and assigns. g. Modification by the Parties: The Agreement for Electric Service may be modified by the agreement of both DME and the Customer, if such agreement is made in writing and signed by both parties. S:IOur DocumentslContractsl05lDME-Electric Service Standards-Final.doc - 33 - -< ~ :.a = ~ Q. 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I- w 0::: 0::: 0::: 0::: 0::: 0::: 0::: 0::: 0::: 0::: 0::: 0::: e( e( e( e( e( III <( III 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I- "<t "<t "<t CO CO "<t "<t CO CO CO CO CO "<t "<t "<t "<t "<t U N N N "<t "<t N N "<t "<t "<t "<t "<t N N N N N ...J 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 :J 0 N N N N N N N N N N N N N N N N N a.. > ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w a.. III <( e( ~ ~ ~ ~ ~ ~ ~ ("') ("') ("') ("') ("') ~ ~ ~ ~ ~ J: ll.. III W c::: ("') ("') ("') ("') ("') ("') ("') "<t "<t "<t "<t "<t ("') ("') ("') ("') ("') 3: If) M 1 2 3 4 5 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR SEPTEMBER 12, 2005 9:00 A. M. DRAFT 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, Sept 12, 2005 at 9:12 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, Bill Cheek, Charldean Newell, Dick Smith John Baines arrived at approximately 11 :06 a.m. EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities Excused: Phil Gallivan George Hopkins ITEMS FOR INDIVIDUAL CONSIDERATION: 8) Consider recommending approval of Denton Municipal Electric (DME) Electric Service Standards. This item was presented by Sharon Mays, Electric Utility Director. Mays reported that in an effort to apply uniform standards, Denton Municipal Electric (DME) has compiled all standards for receiving electric service in a single set of Electric Standards. Mays continued that the proposed standards are identical to the policies that DME has been applying except in three areas. The three areas were: . Requiring developers to pay for street lights in new subdivisions in accordance with the Municipal Code . Establishing a consistent methodology for determination of charges to be paid by the customer where primary line extensions are required to provide service . Specifying a maximum length for residential services that DME will provide free of charge Smith expressed concern regarding the fact that no refunds would be given when using an estimated amount to calculate the fees for line extensions. Mays explained that she understood the risks but thought the risk was equally distributed between the city and the customer. Sears explained that this was the option always selected by customers, who are given the option now. Page 1 of 2 EXHIBIT 4 1 2 After discussion by the Board a consensus was reached to change the line extension provisions 3 to allow customers to elect to pay for their portion of line extensions based either on an estimate 4 or on actual charges. The estimated amount must be paid by the customer in advance of the 5 work being performed. However, if a developer elects to pay actual charges, refunds or 6 additional charges will only apply if the actual amount differs from the estimated amount by at 7 least 10% and the amount of the difference is greater than $1,500. 8 9 Newell suggested that standards be made readily available to all customers. She explained that 10 not all people have computer access so staff should also utilize other methods to distribute 11 information. 12 13 Bland moved to approve the Electric Service Standards with the proposed amendment 14 with a second from Smith. The motion was approved by a vote of 4-0. 15 Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Utility Administration Howard Martin, Utilities 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 for Architectural or Engineering Services by and between the City of Denton, Texas and Teague Nall and Perkins, Inc. for Channel Improvements to an unnamed tributary of Pecan Creek at Morse Street, also known as the Morse Street Drainage Channel Improvements Project; providing for the expenditure of funds therefor; and providing an effective date. (The Public Utilities Board recommends approval 4-0.) BACKGROUND The Morse Street Drainage Channel Improvements project is shown on Exhibit 1. The purpose of this project is to prevent flooding of Morse Street between Baldwin and Newton and to correct the severe erosion problem that exists in the channel upstream of the Morse Street culverts. The scope of the construction project includes widening, realigning and concrete lining approximately 700-feet of existing earthen channel and replacing the existing box culvert structure at Morse Street. The services covered by the Professional Services Agreement include Corps of Engineers 404 permitting as required, analysis and hydraulic modeling of the existing channel, analysis of the improvement options, recommendations in the form of a schematic report, design and modeling of the improved channel, creation of preliminary plans, final construction documents and record drawings. For evaluation purposes, engineering fees for construction projects are frequently compared to a percentage of the estimated construction cost of the project. The American Society of Civil Engineers (ASCE) Manual of Practice No. 45 is often used as a guide in this process. The ASCE manual indicates the average fee for "preliminary and final design services only" for a j ob of this type and cost will vary between 9% and 15% of construction cost depending on the job complexity. The Utility and CIP Engineering department considers the complexity of this project to be above average. Also, the scope of services described in the Professional Services Agreement includes permitting and modeling efforts above and beyond those considered "preliminary and final design services only" by the ASCE Manual. The construction cost for this project is estimated to be $350,000; therefore, the average design fee should be between $31,500 (9%) and $52,500 (15%) per the ASCE Manual. It is the opinion of the Utility and CIP Engineering department that the consultant's proposed fee of $41,650 (11.9%) for the services outlined in the Professional Services Agreement for this project of above average complexity is justified. The Professional Services Agreement for Architect or Engineer has been included with this Agenda Information Sheet. Please see Exhibit 2. OPTIONS 1. Approve the Professional Services Agreement. 2. Reject the Professional Services Agreement. RECOMMENDA TION Staff recommends approval of the Professional Services Agreement between the City of Denton and Teague Nall and Perkins, Inc. in the amount of $41,650 for Engineering Services for Channel Improvements to an Unnamed Tributary of Pecan Creek at Morse Street otherwise known as the Morse Street Drainage Channel Improvements project. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) The Public Utilities Board recommend approval at the August 8, 2005 meeting. FISCAL INFORMATION A total of $540,000 was originally included in the Capital Improvement Program (Exhibit 3) for the design, land acquisition and construction of the Morse Street Drainage Channel Improvements project. Of the original $540,000, a total of $400,000 was set aside for construction, $90,000 for engineering design and $50,000 for land acquisition. Teague Nall and Perkins has recently estimated the construction cost of this project to be approximately $350,000. This cost estimate is conceptual and not based upon detailed analysis or final construction plans. BID INFORMATION Not applicable. EXHIBITS 1. Location Map 2. Professional Services Agreement 3. CIP Detail Sheet 4. Ordinance Respectfully submitted: ~~ . .. . . .. . . . . . .. ... . ..:......" . . . . .. . . . . .. . .. ... . .. ..... . .. . . . . .. . . .. . .. . .... ... .. . . . . . . ... . . .. Jim Coulter Director of Water Utilities Prepared by Frank G. Payne, P.E. Interim City Engineer WILSON Morse Street Drainage Improvements .. II .. II .Ii ~ . . ~- MORSE . . - ~~ - . -. . -=. i. Proposed Channelization and Realignment . . W*E S 1" = 200' Th.....p il. .......crqwe~ ~ b:r lbcCltyofDcIUOO,E~OISr:~ II&Id i. u.aCIakd f<<.w tJft1y _It",,-- u.u cl&rJillc.d.... i. nOC !.....-.t (01" -'........y and lUybc$UbjQctCOIV'l'UloaiJ.inytiaar;;...~ nolidurioa. "R,.;;~tt.::Rd s.,....c~ b the ~;: <>l.r__........r;:.o.l.w1tcd.I,or~'..yt....... ~y_ wr-vt.ion.rod <lCIrtifi~.ioo\ .,(thc (WO' duccd <Itu. \)~ . RI:~cr\ld I'ratt-.waal Lind s..v.l'''- C.. lh. 3w.c oCTu.. ~ boo.... 10 b. ....."-' EXHIBIT 1 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the _ day of , 2005, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Teague NaIl and Perkins, with its corporate office at 235 W. Hickory, Suite 100, Denton, Texas 76201 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attaclunents to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, Engineering Services for Channel Improvements to an Unnamed Tributary of Pecan Creek at Morse Street - including Exhibits A, B, & c. Page 1 Q:ILDDIDEN02320IDocsIPSA lseptoctl004 I EXHIBIT 2 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $ 18,400 2.1.2 Progress payments for Basic Services shall be paid based upon the Design Professionals estimate of the percentage of the work effort that has been completed. 2.2 SPECIAL SERVICES 2.2.1 For Special Services the total compensation shall be $ 22,750 2.2.2 Progress payments for Basic Services shall be paid based upon the Design Professionals estimate of the percentage of the work effort that has been completed. 2.3 ADDITIONAL SERVICES 2.3.1 Compensation for Additional Services see Exhibit C, Which includes the fee/rate schedule 2.3.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.10 times the amounts billed to the Design Professional for such additional services. SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereofby reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. Exhibits ~ through _ C_. Page 2 Q:\LDD\DEN02320\Docs\PSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04.doc This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Teague Nail and Perki~s, 7' BY: ~~J~ - Gary . Vickery, P.E. Principal WITNESS: BY: Page 3 Q:\LDD\DEN02320\Docs\PSA \septoct2004 revised PSA \revisedTNP Morse Agreementsept04.doc CITY OF DENTOi'O GENERAL CO"iDITIOi'OS TO AGREDIENT FOR ARCHITECTURAL OR ENGI"iEERIi'OG SERVICES ARTICLE \. ARCHITECT OR E"iGINEER'S RESPO"iSIBILITIES 1.1 The Architect or Engmeer's services consist of those services for the Project (as dctined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinalier called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailIng professional standards consistent with the level of care and skill ordmarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgrnt.'IlL, and prompt timely actions (the "Degree of Care"). The ServIces shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the pc>rformance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time lImits establIshed by this schedule and approved by the O"l1er shall not, except for reasonable cause. be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without lImitation normal structural, civil. mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documerlts, as described by and required in Section 2.4. The Basic Services may be modified by the Agreemt.'Ilt. 2.2 SCHEMA TIC DESIGN PHASE (See: Exhibit A for further Clarification) 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in tenns of the other, subject to the lImitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance "ith all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establIshes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE (N/A) 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, sche- dule or construction budget, the Design Professional shall prepare for approval by the O"l1er, Design Development Documents consisting of dravvings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the pllf1XlSes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCfION DOCUME]','TS PHASE (See: Exhibit A for further Definition and Oarification) 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the O"l1er. Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Page 4 QILDDlDEN02320IDocs\PSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04.doc 2.4.2 The DeSign ProfeSSIOnal shall asSiSt the O"TK'f m the preparation of the n~'Cessary biddmg or procurement mtlJrmatlon. biddmg or procurement forms, the Conditions of the contract, and the form of Agreement between the O"ner and contractor 2.4.3 'me Design ProtCsslonal shall advise the O"ner of any adjustments to prevIous preltmmary estm13tes of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The DeSign Professional shall assist the Owner m connection with the Owner's responslbtlity for liltng documents required fix the approval of govemmental authoril1es having jurisdiction over the Project. 2.5 CO:\STRliCTIO'" CO,",TRACT PROCliRE:\IENT (See Exhibit A for further Definition and Oarification) 2.5.1 The Design Professional, follo"1ng the Owner's approval of the Construction Documents and of the latest p~liminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Itmitation, the competitive sealed biddmg process Although the O\"T1er will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the O"ller. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth m the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design ProfeSSional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project ,,111 not exceed the total construCl1on cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMI:\ISTRA nON OF THE CONSTRlICTIO:\ CO!\TR.\CT (N/A) 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2, 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with ALA document AlOI, General Conditions of the Con- tract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance "1th the Standard Specifications for Public Works Construction by the North Central Texas Council of Govemments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Con- struction, The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techn iques, sequences or procedures, or for safety precautions and programs in connection with the work The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance w1th the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress, 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the O\"T1er and Contractor shall communicate through the Design Professional. Communications by and w1th the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. Page 5 Q:ILD[)\DEN02J20IDocsIPSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04doc 2.6.10 The Des]gn Protess]onal's ceniticat]on for payment shall constitute a representation to the O\\l1C'T. based on the [)cs]gn ProtCss]onal 's observations at the site as provided in Subsection 2.6.5 and on the data compnslng the Contractor's ^rplicatlOn for Payment. that the work has progressed to the point Ind]cated and that the quality of the Work ]S In accordance with the Contract Documents. The tl)regolng representations are subJect to minor deviations from the Contract Documents correctable pnor to complet]on and to spccilic qualitications expressed by the Design Professional The Issuance of a Cendicate !,)r Payment shall funhL'T constitute a representation that the Contractor IS entitled to payment In the amount cendied. However, the Issuance of a Certilicate for Payment shall not be a representation that the Design Professional has (I) renewed construction means. methods, techniques. sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money prev]ously raid on account of the Contract Sum 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. 'Nhenever the Design Professional considers it necessary or advisable for implementatIOn of the Intent of the Contract Documents. the Design Professional \\ill have authority to require add]tional inspection or testing of the work in accordance \\lth the provisions of the Contract Documents, whether or not such Work is fabricated, Installed or completed. I {owever, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authonty shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and eqUipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Dra\\ings, Product Data and Samples for the purpose of (I) determining compliance \\ith applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, \\ill be In compliance \\lth the requirelTh.'11ts of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sutllcient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating Instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otheruise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely Upal such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the O\\l1er'S approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the O\\l1er, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review \\Titten guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment Upal compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on \\Titten request of either the O\\l1er or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of dra\\ings. When making such interpretations and Initial decisions, the Design Professional shall endeavor to secure faithful performance by both Ov.l1er and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render \\Titten decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Docu men ts 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by ad,T1owledging payment by the O\\l1er of any fees due, shall not be released from any rights the O\\l1er may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. The reproducible prints \vill be based on infomlation provided to the Design Professional by others. Page 6 QILDDIDEN02320IDocsIPSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04.doc ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Anicle 3 are not Included in Basic Services unless so identilied in the Agreement or Proposal. and they shall be paid for by the O"l1er as provided in the Agreement, in additIOn to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or conlirmed in "Tllmg by the O\mer. If services described under Contingent Additional Senices in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the O"ner to proceed. If the Owner indicates in "Titing that all or pan of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services Owner will be responsible for compensatmg the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than IS described in Subsection 2.6.5 is required, the Dt..'Sign Professional shall provide one or more Project Representatives to assist in canying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefore as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Dra"ings, Specifications or other documents when such revisions are: I. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparatIOn of such documents, or 3. due to changes required as a result of the O"l1er's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec- tion with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the O"l1er or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Nomithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIOi'iAL SERVICES 3.4.1 Providing financial feasibility or other special studies. Page 7 Q:\LDDlDEN02320\Docs\PSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04.doc 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, envIronmental studies and submissions required for approvals of governmental authoritIes or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 ProVIding services to investigate eXlstmg conditIons or facilities or to make measured drawings thereof 3.4.6 Provlding services to verify the accuracy of dra\Vings or other infonnation furnished by the O\VTIer 3.4.7 Providing coordination of construction perfonned by separate contractors or by the O\VTIer's O\\TI forces and coordmation of services required in connection with construction perfonned and equipment supplied by the O\VTIer. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4,9 Providing analyses of operating and maintenance costs. 3.4,10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the O\VTIer of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement. Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the O\VTIer shall not limit the Design Professional's obligations under this Subsection 3.418 ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The O...mer shall consult with the Design Professional regarding requirements for the Project. including (I) the O\VTIer's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, nexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2 The O...mer shall establish and update an overall budget for the Project. including the Construction Cost. the O\VTIer's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the O\VTIer shall furnish evidence that financial arrangements have been made to fulfill the O\VTIer's obligations under this Agreement 4.4 The O\VTIer shall designate a representative authorized to act on the O\VTIer's behalf with respect to the Project. The O\VTIer or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the O\VTIer shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as ap- plicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-Df-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility Page 8 Q:\LDD\DEN02320\Docs\PSA\septoct2004 revised PSA\revisedTNP Morse Agreementsept04.doc servICes and hnes, both pubhc and pnvate, above and below grade, including Inverts and depths All the InfonnatlOn on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the servlees of geotechnieal engineers when such services are requested hy the DeSign Professional. Such services may include but are not limited to test borings, test pits, determinations of soli beanng values. percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for antIcipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The O\'T1er shall furnish the services of other consultants when such services are reasonably requlrt:d by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its BasIc Services or Additional Services. 4.7 \Vhen not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of haz.ardous materials, and other laboratory and emironmental tests, inspections and reports required by law or the Contract D<xUTTlL'1lts. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, Including auditing services the Owner may require to verify the Contractor's Apphcations for Payment or to ascertJln how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, infonnation, surveys and reports required by Owner under Sections 4.5 through 48 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely uprn the accuracy and completeness thereof In the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconfonnance with the Contract D<xuments. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the O"ner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFL'iED 5.1.1 The Construction Cost shall be the total cost or estimated 'cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST (N/A) 5.2.1 Evaluations of the Owner's Project budget. preliminary estimates of Construction Cost and detailed estimates ofConstruc- tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar "ith the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment. over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment. component systems and types of construction are to be included in the Contract D<xuments, to make reasonable adjustments in the scope of the Project and to include in the Contract D<xuments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documt.'1lts to the Owner. any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction D<xuments to the O"ner and the date on which proposals are sought. Page 9 QILDDlDEN02320lDocslpSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04.doc ARTICLE 6 O\V:\ERSIIIP A:"D liSE OF DOClIME:\TS 6.1 The Drawings, Specifications and other docum:nts prepared by the DeSign Professional for this Project are Illstrun...:nts of the Design Professional's service and shall become the property of the Ownc'f upon termination or completion of the Agreement. The Design Professional IS entitled to retalll copies of all such documents. Such docun...:nts are Illtended only be applicable to thiS ProJect. and Owner's use of such documents III other projects shall be at OWlll'f'S sole nsk and expense In the event the Owner uses any of the Illformation or materials de\elop~'tI pursuant to the Agreement in another proJ~"Ct or for other pU'1'oses than are spc"Cified III the Agreement, the Design ProfeSSional IS released from any and all liablltty relatlllg to their use III that project 6.2 SubmiSSion or distribution of documents to meet otlieial regulatory requirements or for similar pU'1'oses in connc"Ctlon With the Project IS not to be constru~'tI as publication in derogation of the Design Professional's reserved nghts. ARTICLE 7 TER\lI:"A TlO:". SliSPENSION OR ABANDOi'i\IE:\T 7.1 The DeSign Professional may terminate the Agreement upon not less tban thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the DeSign Professional. Owner may terminate the Agreement or any phase thereof with or \vithout cause upon thirty (30) days pnor \'1itten notice to the DeSign ProfeSSional. All work and labor being perfonned under the Agreement shall cease immediately upon Design Professional"s receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work It satlsfactonly performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, lield surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly deltvered to the Owner in a reasonably organized form. Should O\\ner subsequently contract \\ith a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing Information. 7.2 [I' the Project is suspended by the Owner for more than 30 consecutive days, the Design ProfeSSional shall be compensated for services satisfactorily perfonned prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 75 [I' the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upoo seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily perfonned prior to termination. ARTICLE 8 PA YMEI'\TS TO THE DESIGN PROFESSIONAL 8.1 DlRECf PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insur.mee, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection \\ith the Project; expenses in connection with authorized out-<Jf-to\\n travel; long-{iistance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.\.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the O\\1ler. 8.2.15 Expense of computer-aided design and drafting equipment time when used in connection with the Project. Page 10 QILDDIDEN02320IDoesIPSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04.doc 8.2.1.6 Other expenses that are approved In advance in wTIting by the OWller 8.3 PA Y:\IE:'oiTS 0:-1 ACCOllNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable. shall be In proportIOn to services pert(lfTlled W nhln each phase of service. on the basIs set forth in Section 2 of the Agreement and the schedu Ie of work. 8.3.2 If and to the extent that the time Initially established in the Agreement IS exceeded or extended through no fault of the DeSign Professional, compensation for any services rendered dunng the additional penod of time shall be computed In the manner set forth in Section 2 of the Agreement 8.3.J Whc'fl compL'flSatlOn is based on a percentage of Construction Cost and any portions ofthe Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (I) the lowest bona fide bid or (2) If no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project 8A PA Y:\IE:'oiTS O:'oi ACCOl'l\T OF ADDITIONAL SERVICES 8.4.\ Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the OWller of the Design Professional's statement of services rendered or expenses incurred. 85 PAYMENTS WITHHELD No deductions shall be made ITom the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOllNTING RECORDS Design Professional shall make available to OWller or O\mer's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNrry 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the execution, operation, or performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. \ 0,2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10,] Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. \ 0.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the OWller evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. [n such event, the Page 11 Q:\LDDlDEN02320\DocsIPSA \septoct2004 revised PSA lrevisedTNP Morse Agreementsept04doc Design Professional shall, prior to the effective date of the change or cancellation, furnish O"11er "ith substitutc certificates of insurance meeting the requirements of thiS Article 10 ARTICLE II i\IISCELLA:'iEOrS PROVISIO:'iS I \.I The Agreemcnt shall be governed by the laws of the State of Texas. Venue of any SUit or cause of action under the Agreement shall lie exclusively In Denton County, Texas. 11.2 The O"11er and Design ProfessIOnal, respectively, bind themselves, their partners, successors, assigns and legal represen- tatives to the other party to thiS Agreement and to the partJK'fS, successors. assigns and legal representati\.es of such othL'f party "ith respect to all covenants of this Agreement. The Design ProfcsslOnal shall not assign its interests In the Agreement wllhout the "Titten consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and othL'f attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either \\TItten or oral. The Agreement may be amended only by "Tinen instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreemen~ Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the proviSions. However, should the provisions of thL'Se documents be in contlict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: I. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 11.4 Nothing contained in the Agreement shall create a contractual relationship "ith or a cause of actIon In favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior wrinen approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the O"11er's confidential or proprietary infonnation if the Owner has previously advised the Design Professional in writing of the specific infonnation considered by the O"11er to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the O"11er shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the O"11er for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. I \.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otheIWise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing I \.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. I \.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. I \.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way atrect the substantive terms or conditions of the Agreement. Page 12 Q:\LDDlDEN02320\Docs\PSA lseptoct2004 revised PSA lrevisedTNP Morse Agreementsept04.doc EXHIBIT 'A' ITEMIZED SCOPE OF SERVICES BASIC SERVICES PROJECT DESCRIPTION The scope of Basic Services for this project generally includes preparation of detailed plans for improvements to an approximately 700' portion of an unnamed, unstudied tributary of Pecan Creek at Morse Street. Basic Services also includes preparation of Schematic Plans. Special Services include the following: . Corps of Engineers 404 regulatory permitting . Hydraulic Analysis, as part of the Schematic Phase . Preparation of record drawings from City of Denton Construction records. GENERAL A. Basis for Scope of Services The following assumptions were used by the ENGINEER for the preparation of the scope of services for this project: 1. The project area includes areas that will be considered jurisdictional waters as defined in the Clean Water Act, and will require Section 404 permitting through the Corps of Engineers although we will attempt to design the project to avoid an Individual Permit. At this point we anticipate that an Individual Permit will be necessary. Corps of Engineers 404 permitting will be conducted on an hourly basis as part of Special Services because the effort needed is difficult to fix prior to meeting with the Corps. An allowance for this effort is included in the proposal. This allowance represents an estimated fee, not a maximum fee. In the event that additional charges are accrued, a contract amendment will be necessary. 2. The project will be designed and constructed in accordance with the City of Denton Standard Specifications and the Drainage Design Criteria Manual, February 2002. 3. Right-of-way acquisition has already been completed, and the City of Denton has provided descriptions of the property acquired. No right-of-way analysis or acquisition is 9nticipated as part of Basic Services. 4. This unnamed tributary of Pecan Creek is not a studied stream and its drainage area is less than one square mile, and as a result, will not require a LOMR. However, modeling will be conducted, and a report with exhibits will be prepared to delineate the 100-year floodplain both for pre-project and post-project conditions. Exhibit A - Page 1 5. It is expected that the proposed channel will be a concrete lined trapezoidal channel. A drop structure will be necessary to keep the slope of the channel flat enough to prevent supercritical flow. 6. A temporary construction easement will be required from the Denton Independent School District (DISD), as well as a drainage easement. City of Denton will provide temporary and drainage easements to ENGINEER. 7. Field Design Surveys will be provided by the City of Denton. 8. All issues with relation to the City of Denton Tree Ordinance will be handled by the City of Denton. B. Design Meetings 1. The ENGINEER will meet regularly as needed with the City of Denton staff during the development of the preliminary and final plan phases of the project. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the City of Denton or other entities that provide available existing information related to the design of the project. 2. A location map with a schematic plan will be provided to the affected utility companies by the ENGINEER during the preliminary plan phase. These schematics will be used by the utility companies to show approximate locations of their facilities that are or may be affected by the project. 3. The ENGINEER will make every effort to obtain as-built, record and/or future plans for the following facilities in the project area including: a. Culverts b. Roadway c. Water Lines d. Sanitary Sewer Lines e. Storm Drain Lines f. Telephone and Cable TV Underground and/or Overhead Lines g. Electric Underground and/or Overhead Lines h. Gas Lines I. Other Utilities Known to Serve the Project Area 4. The ENGINEER will compile the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shown on the paving and drainage plans, as appropriate. 5. The ENGINEER will identify potential utility conflicts and provide this information to utility companies during the preliminary plan phase. The City of Denton will notify the utilities to relocate their facilities at the appropriate time during and after the design phase. Exhibit A - Page 2 SCHEMATIC PHASE A. Design Concept Conference 1. The ENGINEER will arrange a design concept conference with the CITY to establish design guidelines, design frequencies, and other criteria to be used on the project. B. Schematic Plans 1. The ENGINEER will prepare schematic plans that depict the proposed channel and culvert improvements. The schematic plans will depict: a. Plan view of the preliminary alignment of the proposed improvements b. Typical sections reflecting the proposed channel geometry. c. Preliminary floodplain mapping based on the schematic plans and the hydraulic analysis. FINAL DESIGN PHASE A. Channel and Culvert Design 1. The ENGINEER will develop final design of the proposed channel and culvert improvements. This design will include the proposed horizontal and vertical alignments. The plan sheets will be at a 1 "=20' scale and contain topographic information, existing and proposed right-of-way and property lines, existing underground utilities at locations of conflict, existing fences, Io"cations of driveways and other surface features, baselines, and other pertinent existing features. The plans will also show proposed channel and culvert improvements, contours where necessary, limits of structures, limits of retaining walls, if any, drainage structures including pipes, limits of barriers and any other information necessary for channel construction. Profiles at 1 '=20' horizontal scale and 1 "= 4' vertical scale will contain existing ground lines at the proposed profile grade line, limits of structures and profile elevations at 1 00 foot intervals. 2. The ENGINEER will prepare cross-sections along the channel at 50-foot intervals. These cross-sections will depict the proposed improvements, and will form the basis for the determination of earthwork quantities. Cut and fill quantities will be computed and tabulated, referencing cross-sections. Cross- sections will be included in preliminary and final plans. B. Other Channel Design Elements 1. A project title sheet will be prepared as required and included in the plans. 2. Project layout sheets will be prepared at a uniform scale that clearly indicates the limits of the entire project and the main construction elements of the project. 3. Channel horizontal and vertical control and horizontal curve data will be shown on the plans. Exhibit A - Page 3 4. Details will be developed as necessary, including channel and culvert details, drainage, utility, and miscellaneous details to describe the various types of construction when the CITY has no pertinent standard details available. 5. Stormwater Pollution Prevention Plans (SWPPP) will be prepared for the project by the Contractor and not the ENGINEER. 6. Traffic control plans will be prepared at an appropriate scale and will show existing conditions and detours necessary to maintain traffic flow during each phase of the construction. Traffic control plans will be in accordance with the Texas Manual of Uniform Traffic Control Devices. C. Submit Preliminary Plans (70%) for Review 1. Submit five (5) sets of 11" x 17" preliminary plans for CITY review, along with an Opinion of Probable Construction Cost. 2. Project quantities will be calculated and tabulated based upon the preliminary design for use by CITY staff. An outline of the expected technical specifications will also be submitted at this time. 3. Submit plans to utility companies for review. 4. Meet with the CITY to review and discuss the results of the preliminary plan review, as necessary. D. Prepare Final Design Plans 1. Incorporate CITY review comments and directives from the preliminary plan review in the preparation of final construction plans. 2. Revise the preliminary quantities per changes in the final design and CITY review comments. 3. Prepare final bid documents and construction specifications. E. Submit Final Plans, Specifications, and Contract Documents for CITY review 1. Submit five (5) sets of 11" x 17" final plans and final bid documents for CITY review and approval, with updated cost estimates. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency (ies) and obtain clearance. Submit copies of detailed drawings to City to provide to utility companies to relocate utilities as needed for construction. 4. Meet with the CITY to review and discuss the results of the final design phase, as necessary. 5. Revise the plans and specifications to incorporate City and regulatory agency and utility company review comments. Exhibit A - Page 4 F. BIDDING PHASE 1. ENGINEER will assist the CITY in the advertisement of the projects for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide the CITY with one mylar reproducible 24" x 36" set of final construction drawings and one original unbound final specification book. The CITY shall be responsible for providing all necessary reproduction of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the project. The CITY shall be responsible for dispersing all plans and specifications from its purchasing department to prospective bidders. 2. ENGINEER will provide technical support to the CITY during the Bidding & Contract Award phase by responding to bidder and CITY questions, creating addenda, attending the bid opening, reviewing and tabulating the bids, and making a recommendation of award to the CITY. SPECIAL SERVICES TO BE PROVIDED BY ENGINEER Special Services to be provided by the ENGINEER for this Project include: . Corps of Engineers 404 permitting . Hydraulic Analysis, as part of the Schematic Phase · Record drawings from City Inspector records. The scope of work for these Special Services are more generally described as follows: CORPS OF ENGINEERS 404 PERMIT 1. Coordination with the Corps of Engineers and preparation of permit data will be performed on an hourly basis at standard TNP billing rates as shown on Attachment 'C'. It is assumed that an Individual Permit will be required. An allowance is included in the proposed fee for necessary 404 permitting. HYDRAULIC ANALYSIS A. Hydraulic Analysis 1. The ENGINEER will make use of the City of Denton Drainage Master Plan to develop existing and fully developed conditions hydrology. 2. The ENGINEER will develop HEC-2 or HEC-RAS models representing the existing channel. These models will be used to evaluate the flow in the existing channel, and will be modified to reflect proposed improvements. 3. The ENGINEER will develop a map depicting the impact of the proposed project on the floodplain delineation and base flood elevations. Exhibit A - Page 5 3. The ENGINEER will develop a map depicting the impact of the proposed project on the floodplain delineation and base flood elevations. RECORD DRAWINGS 1. Perform plan revisions as needed to accurately reflect these constructed conditions from City of Denton construction records. 2. Provide one mylar drawing set of record drawings for City records. 3. In the event that construction differs significantly from the approved construction plans, the associated fee for preparation of the record drawings may be adjusted. ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in obtaining the following services, information and materials upon request: 1. Available past studies, correspondence, materials and mapping relative to the project. 2. Aerial topographic data in electronic format, compatible with AutoCAD R14 or AutoCAD 2000i. 3. Copies of construction plans and plats for developed property adjacent to the project. 4. Assistance in obtaining data from third party sources which is available to the CITY at no cost to the ENGINEER. 5. Current City of Denton Standard Details, Specifications and/or Contract Document data, such as required prevailing wage rates. PROJECT SCHEDULE Schematic Phase The Schematic Phase will include the hydraulic analysis. Based on the survey and the hydraulic analysis, the schematic plans will be submitted within 8 weeks of written Notice to Proceed. Final Design Phase - Preliminary Plans (70%) Complete within 6 weeks of CITY approval of schematic plans Final Design Phase - Final Plans (100%) Complete within 4 weeks of CITY approval of Preliminary Plans Record Drawings Exhibit A - Page 6 This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service. If CITY has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ENGINEER's services shall be adjusted equitably. Exhibit A - Page 7 EXHIBIT 'B' SCHEDULE OF FEES A. BASIC SERVICES: For work performed by the ENGINEER within the scope identified in EXHIBIT A, Itemized Scope of Services, the ENGINEER will be reimbursed as described below: 1 . Labor The following fixed fees shall be paid to the ENGINEER for labor involved in the various items of work within the scope of Basic Services identified in EXHIBIT A: BASIC SERVICES $ 18,400 2. Direct Expenses-Fixed Fee Reproduction & Printing $ 500 3. Total Fee for Basic Services TOTAL (BASIC SERVICES) $ 18,900 B. SPECIAL SERVICES: Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Itemized Scope of Basic Services, shall be considered Special Services as identified in Exhibit A, Special Services to be Provided by the Enqineer. The ENGINEER will be reimbursed for Special Services as described below: 1. Labor The following fees shall be paid to the ENGINEER for labor involved in the various items of work within the scope of Basic Services identified in EXHIBIT A: Hydraulic Analysis-Fixed Fee $ 5,300 COE 404 Permits-Hourly Estimated $ 16,350 Record Drawings -Fixed Fee $ 1,100 TOTAL (SPECIAL SERVICES) $ 22,750 Exhibit 8- Page I C. ADDITONAL SERVICES 1. Labor Work Added during the Contract shall be reimbursed on the basis of negotiated fees for each item of service provided, as mutually agreed to by the ENGINEER and CITY; or labor of personnel employed by the ENGINEER will be reimbursed on an hourly basis in accordance with EXHIBIT C, Standard Rate Schedule. 2. Direct Expenses Direct Expenses added during the Contract such as printing, reproductions, automobile mileage, delivery/courier services, etc will be reimbursed to the ENGINEER. A not-to-exceed amount will be established and agreed to for each item of service provided. D. SUMMARY OF FEES: 1. Basic Services Labor Direct Expenses TOTAL BASIC SERVICES $18,400 $ 500 $18,900 2. Special Services Labor TOTAL SPECIAL SERVICES $22,750 $22,750 3. Total Fees for Project TOTAL FEES $41,650 Exhibit B- Page 2 EXHIBIT C TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2005 to December 31, 2005* Engineering I Technical Principal Project Manager IT Manager Senior Engineer Engineer Graduate Engineer Landscape Architect / Planner Designer Senior Designer CAD Draftsman CAD Technician Senior CAD Technician IT Technician Clerical Resident Project Representative Surveying Survey Office Manager R.P.L.S. Senior Survey Technician Junior Survey Technician 2-Person Field Crew w/Equipment 3-Person Field Crew w/Equipment 4-Person Field Crew w/Equipment 1-Person G.P.S. Crew w/Equipment 2-Person G.P.S. Crew w/Equipment 3-Person G.P.S. Crew w/Equipment 1-Person Robotic Crew w/Equipment 2-Person Robotic Crew w/Equipment 3-Person Robotic Crew w/Equipment Direct Cost Reimbursables From To $120 $205 Per Hour $100 $145 Per Hour $100 $110 Per Hour $90 $145 Per Hour $80 $110 Per Hour $65 $95 Per Hour $85 $100 Per Hour $70 $95 Per Hour $90 $120 Per Hour $35 $60 Per Hour $50 $75 Per Hour $70 $90 Per Hour $60 $75 Per Hour $45 $65 Per Hour $70 $90 Per Hour $120 $95 $70 $50 $90 $105 $130 $110 $130 $150 $90 $110 $125 $130 $120 $85 $70 Photocopies $0.10/page $0.20/page $2.00/page $1.00/page $2.00/page $2.00/page $4.00/page $4.00/page Mileage $OAO/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above. * Rates shown are for calendar year 2005 and are subject to change in subsequent years. Plots letter and legal size bond paper, B&W 11" x 17" size bond paper, 8& W 22" x 34" and larger bond paper or vellum, B&W 11" x 17" size bond paper, 8& W 11" x 17" size bond paper, color 22"x34" and larger bond paper or vellum, B&W 22"x34" and larger bond paper or vellum, color 22"x34" and larger mylar or acetate, B&W Q:ILDDIDEN02320IDocsIPSAlseploct2004 reVlsed PSAIMorse Street ChanneIExh,b,tC doc I City of Denton I 2004-2008 Capital Improvements Project ~ ~ ~l'r Ut\\\.~' I Morse Street Drainage Channel Improvements Improve drainage channel and boxes under Morse Street. Channel improvements from existing concrete lined channel upstream near Kerley and Minor Circle. Line earthen channel from that point down to Morse Street. Improve box culverts under Morse Street sewer improvements will need to be done to enlarge channel. Project Title: .... I Description: I Business Unit: Project Type: Project Scope: Category Code: Bonds 640700 Wastewater-Drainage Improved Service Multi-Year Project 016 DRAINAGE IMPROVEMENTS I I I .~,'s.cal;k~~rj( {Co~t.qO.dEf '"';ii;!'." '~-~.~_~giptl90~~~~~~.: 2004 21100 FINAL DESIGN 1360 2004 21130 ENGR FINAL DESIGN 1365 2004 30100 ACQUISITION 1365 2004 46525 CHANNEL CONSTRUCTION 1360 Bonds Tota/: I Project Tota/:\ $540,000.00 I 'Comments: -'Purpose: By improving the drainage channel and boxes under Morse Street the road will not be overtopping during rain events, I I I I I I I , I -- ....Ll."Raw-- Page 38 0158 Wednesday, September 24, 2003 103 I EXHIBIT 3 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 FOR ARCHITECTURAL OR ENGINEERING SERVICES BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS, INC. FOR CHANNEL IMPROVEMENTS TO AN UNNAMED TRIBUTARY OF PECAN CREEK AT MORSE STREET, ALSO KNOWN AS THE MORSE STREET DRAINAGE CHANNEL IMPROVEMENTS PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to engage the firm of Teague Nall and Perkins (TN&P), of Denton, Texas, to provide professional engineering services related to the Morse Street Drainage Improvements Project; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional engineering services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized by the City Council to execute a "Professional Services Agreement for Architect or Engineer" with Teague Nall and Perkins, Denton, Texas, for professional engineering services relating to the Channel Improvements to an Unnamed Tributary of Pecan Creek at Morse Street; and relating to the Morse Street Drainage Improvements Project, for a professional fee of not to exceed $41,650; in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated ability of TN&P to perform the services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. 1 EXHIBIT 4 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: EDWIN M. SNYDER, CITY ATTORNEY l/fLM;4tw By: 8:IOur DocumentslOrdinanceslOSITN&P Morse 8t Drainage Channel-Ord 200S.doc 2 AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Parks and Recreation Department ACM: Howard Martin, Utilities 349-8232 .. SUBJECT Consider approval of a resolution allowing Metzler's Food and Beverage to be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on October 8,2005, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board will consider this at the October 3,2005, meeting. BACKGROUND The fifth annual Fuego Y Alma Event is a Latino cultural festival, co-sponsored by the City of Denton's Parks and Recreation Department. An Art Exhibit is held in Civic Center and local vendors, children's activities and entertainment will be in the Civic Center Park. The Fuego Y Alma Committee, made up of community volunteers, voted for the fifth year to support the sale of alcohol at the event, allowing Metzler's Food and Beverage to be the sole proprietor of this product. Metzler's Food and Beverage will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. All proceeds from the sale will support further Fuego Y Alma events. OPTIONS Council options include the approval or denial of the ordinance and agreement as submitted. Council may also opt to modify the agreement to include additional or modified requirements. RECOMMENDA TION Staff recommends approval of the ordinance and agreement as submitted, which is consistent with agreements with other co-sponsored events. ESTIMA TED SCHEDULE OF PROJECT The Fuego Y Alma Event is October 8,2005, from 12:00 noon - 7:00 p.m. PRIOR ACTIONIREVIEW At the October 3,2005, meeting the Parks, Recreation and Beautification Board will review this item. The board has approved the previous four Fuego Y Alma requests to sale alcohol. FISCAL INFORMATION This action has no impact on the City's General Fund budget. All costs and revenue from this action will be solely the responsibility of the Metzler's Food and Beverage. 1 EXHIBITS 1. Resolution 2. Contract 3. Parks Board Minutes of October 3, 2005 RESPECTFULLY SUBMITTED: Janet Fitzgerald, Director Parks and Recreation Department Prepared by: ~..~~ '(}~-~--'- m.,: lI'm Janie McLeod, Community Events Coordinator Parks and Recreation Department 2 S:\OUf Document.s\Resolutions\05\Fuego Y Alma alcohol sell.doc RESOLUTION NO. A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON OCTOBER 8, 2005, UPON CERT AlN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner ofthe Civic Center Park and Senior Center and through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the Civic Center Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, ~22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Fuego Y Alma; and WHEREAS, Roy Metzler, doing business as Metzler's Food and Beverage (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on October 8, 2005; and WHEREAS, the Parks and Recreation Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1, Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on October 8, 2005 at the Civic Center Park and Senior Center upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000,00; and 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma Celebration. EXHIBIT 1 S:\Our Documents\Resolutions\05\Fuego Y Alma alcohol sell.doc SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN~ TORNEY BY: Page 2 of2 S:\OUf Documents\Contracts\05\Fuego Y Alma Contract.doc CIVIC CENTER PARK AGREEMENT FOR THE FUEGO Y ALMA CELEBRATION ST A TE OF TEXAS S COUNTY OF DENTON S This Agreement, made this day of , 2005, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to Metzler's the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Fuego Y Alma celebration on October 8, 2005, to be held at the Civic Center Park and Senior Center. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the Fuego Y Alma celebration set for the year 2005. ARTICLE 2 SCOPE OF SERVICES Metzler's in order to exercise the privilege to sell alcoholic beverages must perform the following: A. Metzler's shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Fuego Y Alma Celebration. B. Metzler's shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration. C. Metzler's shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Fuego Y Alma Celebration. Metzler's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Fuego Y Alma Celebration. EXHIBIT 2 S:\Our Documents\Contracts\05\Fuego Y Alma Contract.doc ARTICLE 3 LOCAL RULES AND REGULATION Metzler's agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in cOlll1ection therewith. Metzler's shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. Metzler's will exercise reasonable care and due diligence In their sale of alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 4 INDEMNITY AGREEMENT Metzler's shall indemnifY and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of Metzler's or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. 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 parties' 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. ARTICLE 5 INSURANCE During the performance of the Agreement, Metzler's shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 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 that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Metzler's 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, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and Metzler's. In such event, Metzler's shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. Page 2 of5 S:\Our Documents\Contracts\05\Fuego Y Alma Contract.doc ARTICLE 6 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 to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To Metzler's: To CITY: Metzler's: Roy Metzler 628 Londonderry Lane Denton, Texas 76201 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and no exhibits, constitutes the complete and final expression of the agreement of the 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 8 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 parties 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 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, Metzler's shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Page 3 of5 s:\Our Documents\Contracts\05\Fuego Y Alma Contract.doc ARTICLE 10 PERSONNEL A. Metzler's represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY Metzler's shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or 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 and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions ofthis Agreement. Page 4 of5 S:\OUT Documents\Contracts\05\Fuego Y Alma Contract.doc IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and Metzler's has executed this Agreement through its duly authorized undersigned officer on this the day of 2005. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: Y / / I / V METZLER'S FOOD AND BEVERAGE BY: ROY METZLER SOLE PROPRIETOR WITNESS: BY: Page 5 of 5 ." WIIIfGO Y I\I,.)tAi flGGs! ~ . fire aNI Joul INTERNATIONAl LATINO MUSIC" ART fESl1VAL OF NOR.TH TfXAS POIlo>G4.l12 Dall"", 'IX 76:104 . TEL(940)595-~SO . EmaiH_~...."'lI . Web: ,""^,,.l'uep>)'Ilmo.ors c- -flY "'" ...u:. ,.. .w _ ~ .... ""'fWlf I...w... September 26, 2005 JlIIIie McLeod City of Denton Park & Recreation 321 E. McKinney Denton, TX 76201 J lillie, Fuego y Alma will host its International Latino Music & Art Festival of North Texas on Saturday, October 8. We would like to request permission from the Park Board and City of Denton to sell beer during this event. Event Information: Event Title: iFuego y Alma 2005! International Latino Music & Art Festival of North Texas Event Date: Sanirday, October 8, 2005 Event Location: Civic Center and Civic Center Park Event Time: Program runs from 12.7 p.m. Number is attendance: 1500 Admission: FREE admission Event description: The park festival features (a) one outdoor stage, (b) one indoor stage, (e) 20 food/merchandise vendors, (d) professional artist exhibition (Civic Center), (e) Collegiate Art Competition (Civic Center), (g) children's art area (Civic Center), and (f) poetry/spoken word artists Sel-upTime: The festival arrangements begin on Friday, October 7 at 3 p.m. and on Saturday, Oct 8 at 7 a.m.; will complete take down of festival by 10 p.m. Beer Vendor: Roy Metzler, Metzler Food and Beverages - 940.591-1652 Liability Insurance: Ramey King Insurance Security Arrangements: City or Denton will provide 2 police officers throughout the event. Thank you for your assistance! 1 can be reached at 940-565-2553 (work) or 595.9950 (cell), Sincerely, ~tl~~ Fuego y Alma i L" EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT A05-0002 (North Denton Annexation) Hold the first of two public hearings to consider the involuntary annexation and service plan for approximately 5,800 acres. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). BACKGROUND Applicant: City of Denton Denton, TX An involuntary annexation proceeding is being considered by the City of Denton for the Craver Ranch development site, city water treatment plant, 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 146 separate parcels owned by 61 property owners, portions of FM 428 (Sherman Drive), FM 2153, Elm Bottom Circle, Green Valley Circle, Warschun Road, PR 2718, Shepard Road, and Burger Road. FM 428 and FM 2153 are state roads under the jurisdiction of the Texas Department of Transportation (TxDOT). A 54-inch city waterline runs along Burger Road, FM 2153, and FM 428. The property where the proposed city wastewater treatment plant will be located (along Hartlee Field Road) is also included in the proposed annexation. '" August 30, 2005, staff received direction from the City Council to pursue involuntary annexation proceedings. '" The City of Denton issued a letter of intent to annex to property owners on September 2, 2005. '" Due to outdated parcel information three property owners, encompassing approximately 94 acres, were not notified about the proposed annexation. The State law requires that all property owners included in an annexation be notified 30 days prior to the first public hearing. Due to the improper notification staff removed the three properties from the proposed annexation. '" The entire area proposed for annexation is located in the extra territorial jurisdiction and is not zoned. Currently, there are approximately 60 residential units, a convenience store, a veterinary clinic, a horse arena, a church, and a city water treatment plant. '" The Comprehensive Plan identifies this area to be within Rural Area, Existing Neighborhood/Infill Compatibility Area, and Neighborhood Center land use designations. '" Property owners were notified of the involuntary annexation with an "intent to annex" letter and official public hearing notification. To date, staff has received 11 letters in opposition and 1 one letter in favor from property owners within 200' of the proposed annexation area. (Refer to Attachment 5.) OPTIONS 1. Maintain land area. 2. Delete land area. 3. Amend service plan. 4. Deny. RECOMMENDA TION Staff recommends that the first public hearing for A05-0002 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. ESTIMA TED PROJECT SCHEDULE The annexation process will be completed by December 6,2005. (Refer to Attachment 3.) PRIOR ACTIONIREVIEW Intent to Annex Notification Mailed 18t CC Public Hearing September 2, 2005 October 4, 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. ATTACHMENTS 1. Service Analysis 2. Notification Map 3. Annexation Schedule 4. Draft Annexation Service Plan 5. Property Owners Responses Deborah Viera, AICP Comprehensive Planner II 2 Respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development 3 ANNEXATION REQUEST SERVICE AREA ANALYSIS A05-0002 The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ET J). Refer to map below. Size. Approximately 5,800 acres Location. Between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ET J). Proposed uses. 1. A proposed master-planned community with homes, retail and possibly a golf course on 1,900 acres near Lake Ray Roberts. The extension of City's utility facilities or the creation of a water district are under consideration by the developers. 2. The construction of a City wastewater treatment facility that would service the Clear Creek and Milam watersheds. Proposed zoninq. Multiple (Rural Residential, Rural Commercial, Neighborhood Residential, and/or Neighborhood Mixed-Use Centers) The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information you deem necessary. To determine the city's ability to provide services to the proposed area it is necessary to document: . Each department's existing capacity to provide an adequate level of service to the proposed area; . Additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and . Cost of providing additional service. Existing Conditions: Proximity to existinq arterial and collector roads. The Mobility Plan designates FM 428 as a Primary Major Arterial, FM 2153 as a Secondary Major Arterial, and Hartlee Field Road as a Collector. Forty-two (42) tracts have actual frontage along FM 428; forty-one (41) tracts have frontage on FM 2153; and thirteen (13) tracts have actual frontage along Hartlee Field Road. Future Land Uses. The proposed annexation area contains three future land use designations: Rural Areas, Existing Neighborhoodllnfill Compatibility Areas, and Neighborhood Centers. The vast majority of the area is within Rural Areas. Existing Neighborhoodllnfill F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc Compatibility area locates north of Hartlee Field Road. Neighborhood Centers locate within the boundaries of the proposed Existinq land uses. The vast majority of the area is undeveloped/pasture land. There are approximately 60 residential units, including single-family residential units and mobile homes; approximately 64 structures (barns, sheds, shops); one convenience store; one church; and a city water treatment plant Prominent natural features. The area to be annexed includes the Milam Creek and Clear Creek basins. Environmental Sensitive Areas (ESAs), including floodplain, stream buffers, water-related habitats, and upland habitats, are spread through out the proposed annexation area. See map attached map. Proximity to other service providers. The annexation area is along the northeastern border of the City of Denton. Based on current data, there is a 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Deborah Viera in the Planning and Development Department at deborah.viera@cityofdenton.com by September 16, 2005. You may reach her at 349-8368 if there are any questions. LOCATION MAP OF PROPOSED ANNEXATION AREA ---..~. ~..~ ...)- ... . .. .... .i .1~1.. ...~ .~ ~ ~/ . . .... ~ .:' = =. :;;~~:t= .~~ ~- ~r."'ik: .. ~'J'~ ~ '...~ ~ ~~l~~. '.r .~' .. ~:!' .....~\, +J- "r't-' t:t!, 'I~)"~. . ~ ;;::;:. ........... .. !L ...>>'. ;::" ~..., . . . . ,r'l:j\ ~'o n'j\1 ': ~ '.f--l . .' =_.. r'-~-\.JlP \ I \ I 11>-...>=j.1 -L-.U f--J!:J r. ~: ..... ..' . . l~ f----'..: '"", A'~.. M. .. . F :--;:.- . . /" TI"'"..... . . . . 11 l . .. =-=- . I . · In~. .~. I( .I~ \ L' .rb . . ::.: .~ . ~. - -+..1 iuiir t::s!\-.. I ~. ~ i~ . ~ 11.t!J . '"' l '1 1\ ~ .l~ 0 ill' "~~ .. "~ "". \~$ ... _,.... ~ 1!1-- :~.:. it .~ ,,~..w.:~ : t::: (.!lP~ Q': '-l .S . . rfro ~ 1 ..' . . .. ~ ~ : ~H \ 1 t;1~ ~ . ~. . :' c ". :.' r ,~~~ I;';'::.... . ~ ? . .:!!!I L F:\ 1 11. J: ! d.. .~~. "'1"1 .~T'9' . r; A ~11iR"ll= c --'----i 1 I'. .U H - ( ~ _ . ,,~ }I...{l ~ Lj'---'--i "1.; Ait. ~ ! fJ 1M"." Parcels Proposed for Annexation C Current City Limits T I 1.. r ""IWIIIII' '~IY. I~ (f.---./ l:: L, \ 'r-- . "......,.-uFl I-- -:I 't: '--'- _...J .. ~. . .... , . ~m:..' 'f r iii. . AERIAL OF PROPOSED ANNEXATION AREA SERVICE ANALYSIS A05-0002 Fire 1. Fire and Emergency Medical Services can be provided to the area from station( s) # 4 & 5, located at 2210 E. Sherman Dr. and 2250 W. Windsor St . 2. Estimated response time. 10 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 If yes, what is the CIP program year? N/A 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? NO. If yes, when should this station be operational? 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? N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? N/A Is there an accepted fire fighter to population ratio that can be used for planning purposes? N/A Additional Comments: Dean A. Brav Person to contact if there are questions 09/15/2005 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 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, Water Works Park and Natatorium Pool complex .5 miles to the south, and the Greenbelt Trail and Clear Creek Nature Center approximately 2 mile to the east. The lake Ray Roberts State Park areas are to the north and east approximately 1 to 5 miles. 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 extend to the general area of the proposed annexation. Existing open space land at Clear Creek Nature Center and the Greenbelt trail along with facilities of lake Ray Roberts will provide regional park needs. As neighborhood subdivision development occurs neighborhood parks and community parks with athletic facilities will be necessary. 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 estimated at $1,432.00 for the 11.63 miles or 34.94 acres of new right of way mowing areas 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 FM428, F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 FM2153, FM2718, Woodland Hill, Hartlee Field, Elm bottom Circle, Warschun Road, Shepard and Burger 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. Bob Tickner, Superintendent of Park Planninq and Development Person to contact if there are questions 9-1 5-05 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Police 1. Estimated average response time for this area based on current department conditions: Priority 21 minutes Non-priority 42 minutes Average 34.5 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? Yes If yes, how many? 5 What type? Patrol Officers. Five patrol officers would provide one officer per shift around the clock and dedicated to this area. 4. Will additional equipment and funding be needed to serve this area? Yes If yes, what type? Five additional patrol cars fully equipped. 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. Last year (2004), the Denton County Sheriff's Office responded to approximately 200 calls in the proposed area. The Denton Police Department expects to respond to a similar number of calls after annexation, at least in the short term. Uncommitted patrol time would be dedicated to proactive community policing activities. For failure to specifically dedicate officers to this area would mean a dilution of existing resources committed to other areas of the city and an proportionate increase in response times in those areas. At what population level would another police facility be required? Projected additions to the current police facility will accommodate any population increases resulting from this annexation project. Future annexations of this size may be an issue. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Is there an accepted officer to population ratio that can be used for planning purposes? Currently, 1.79 officers per 1000 citizens. Geographical considerations and estimated response times to calls for service without additional officers override ratio considerations as it relates to this annexation. Additional Comments: An important consideration is that an annexation of this size and type will clearly require additional resources if we're to maintain service delivery at the current level for the remainder of the community. For failure to add resources sufficient to provide service delivery at a level already deemed insufficient would be to exacerbate existing staffing concerns. Animal Services: One staff person and one vehicle will be needed to cover the area. Code Enforcement: One staff person and one vehicle will be needed to cover the area. Charles Wiley, Chief of Police Person to contact if there are questions 9/12/2005 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Librarv 1. Estimated additional funding needed strictly based on proposed annexation and development. $150,000 in additional funding is needed based on the proposed annexation. 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? 125,000 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 Science 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? 125,000 7. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. The same per capita as listed in #4 above. 8. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. The same per capita as listed in #5 above. 9. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? No. The number of staff will need to be increased. F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 10. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 3 additional employees (librarians) will be needed to meet anticipated customer demand at our North Branch facility. Additional Comments No additional comments. Eva Poole, Director of Libraries Person to contact if there are questions September 7,2005 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 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? FY 2006 service rates will apply. 4. What is the typical revenue collected per: Residential Household: $17.25/ month - Large Refuse Cart $16.50/ month - Medium Refuse Cart $3.50/ month - Residential Curbside Recycling Cart Commercial Service: Various container sizes are available. Rates vary by container size. Contact Customer Service at 940-349-8787 to discuss. 5. Will additional equipment be needed to serve this area if annexed or developed? No 6. Will additional employees be needed to serve this area if annexed or developed? No 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Unknown. Servicing this area will be added in with our existing service requirements for the City of Denton. As this area and Denton's other service areas continue to grow additional equipment and additional staff will eventually be required. 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: Scott Lebsack 940-349-8069 Person to contact if there are questions Sept. 15, 2006 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? Not applicable 2. What type of lines and facilities would be required to serve this area? Not applicable 3. Are any new lines or facilities proposed for construction to serve this area? Not applicable 4. Are there any potential responsibilities if this area is annexed? Not applicable 5. Please comment on the cumulative impact of annexation and development. Not applicable At what population level would additional equipment be required? Not applicable Is there an accepted equipment to population ratio that can be used for planning purposes? Not applicable Is there an accepted employee to population ratio that can be used for planning purposes? Not applicable Additional Comments: Denton Municipal Electric is not certified by the State to provide electric utility service to the annexation area beyond Elm Bottom Circle should a request be made by a property owner. Don McLauqhlin Person to contact if there are questions Auqust16,2005 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. 54 inch Location of water line. FM 428 & FM 2153 Distance from proposed annexation. Within 2. What is the nearest City of Denton sewer line? Size of sewer line. 12 inch Location of sewer line. 650 feet south of Loop 288 on Sherman Distance from proposed annexation. 2,500 feet 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 54 2003 FM 428 and FM 2153 = Sewer lines Construction of proposed Clear Creek Water Reclamation Plant and a interceptor sewer line sized to serve the draining area based on zoning and land use established in the proposed annexation requirements. Timeline is dependent on development activity in the Clear Creek watershed 4. Are there any City of Denton lines included in the proposed annexation? 54 inch transmission pipeline along FM 428 and FM 2153 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: A. WaterlWastewater Facilities Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this transmission pipeline at designated connection points that were designed into the pipeline. F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 The proposed Clear Creek Water Reclamation Plant has been permitted by TCEQ to provide wastewater service in the Clear Creek/Milam Creek/Culp Branch watersheds. The current zoning for the majority of the proposed annexation area is agriculture. The sewer line size required to serve the proposed annexation area will be determined based on the zoning and land use per the annexation requirements. 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. Tim Fisher, Assistant Director of Water Utilities P. S. Arora, Assistant Director Wastewater Person to contact if there are questions Sept. 7, 2005 Sept. 7, 2005 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 EnQineerinQ 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 See comments below Type of Improvement Upgrade of traffic signs Approximate Cost $5,000.00 2. Are any of these improvements presently scheduled to be done at state or federal expense? NO. If yes, please identify facility and anticipated date improvements will begin. 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). For any new development, existing drainage facilities must be improved, or new drainage facilities constructed to comply with the City's drainage standards in the Development Code Subchapter 19. All costs for drainage facilities for new development, including dedication of right-of-ways and drainage easements, and acquisition of drainage easements are the responsibility of the developer. A significant portion of the area is contained within special flood hazard areas designated (floodplain areas) by FEMA on the Flood Insurance Rate Maps. The City participates in the National Flood Insurance Program, and developments will be required to comply with the requirements of the National Flood Insurance Program and the City's Flood Prevention and Protection Ordinance. Special flood hazard areas cannot be developed and will be designated as Environmentally Sensitive Areas. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? YES. If yes, what type of equipment or facility? When development happens, an increase in signs and markings will be realized, thus more maintenance time and supplies will be required. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? See response under Additional Comments section. Is there an accepted equipment to population ratio that can be used for planning purposes? See response under Additional Comments section. Is there an accepted employee to population ratio that can be used for planning purposes? See response under Additional Comments section. F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Additional Comments: There is an insufficient existing and proposed roadway system in this area to service the proposed development. A comprehensive roadway study (location, type, etc) will be required as a part of the Traffic Impact Analysis (TIA) and a change to the mobility plan: roadway component, pedestrian & bicycle component and rail & trucking component may be required as a result of the TIA's findings. FM 2153 and FM 428 are unfunded TxDOT roadways in this area. Hartlee Field Rd is an unfunded City roadway. The TIA will be required to show ultimate and interim improvements to these roadways, as well as phasing, as a result of development in the area. Edward Witkowski, P.E. Senior Engineer, Drainage and Floodplain Administrator Person to contact if there are questions 9/16/2005 Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Denton Independent School District 1 . Education services are currently provided by: Denton and Sanger Independent School districts 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? No responses have been provided. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? No responses have been provided. 4. Estimate additional funding needed strictly based on proposed annexation and development. No responses have been provided. 5. Will projected school taxes from this development provide that additional funding? No responses have been provided. 6. Please comment on the cumulative impact of annexation and development. No responses have been provided. 7. At what population level would other school facilities be required for the City of Denton? No responses have been provided. 8. Is there an acceptable employee to population ratio that can be used for planning purposes? No responses have been provided. Additional Comments: Person to contact if there are questions Date F:\users\JKWAL TER\Agendas\October 2005 Agendas\October 4, 2005\Backup\North Denton Annexation\2 - Compiled_Service Analysis.doc NORTH DENTON ANNEXATION 2 Property Owner Names 4,000 2,000 IIiIII. iii.. 4,000 Feel Legend Property Owners 1, ALLEN, GLENA 0 2, ALLEN, LARRY W 3, ARGU MAN IZ, ELIAS 4, BELL, JAMES L 5, BINGHAM, EMMA 6, CARTER, OONALD J & LINDA JO 7, CARTER, OONALD J, Jr. 8, CARTER, RONALD L 9, COULTER, ALFRED G 10, CRAVER FAMILY TRUST ETAL 11, CROSS CREEK FARM, LLC 12, DAUGHERTY, SERENA & PEGGY WALLER 13, DENNY, MARY DIANE CRAVER 14, DENSMORE, TRENT E 15, DENTON, CITY OF 16, DOBSON, BUDDY F 17, DOUBLE W FARMS 18, DOWN, HARRY, Jr. 19, ELK RIVER GETAWAY 20, ETHRIDSE, SAMUEL N CNTY COD 21, FOUTCH, JAMES R 22, GILLESPIE, MARY DEBORAH 23, GRANT, DAVID 24, GULRICH, ADALBERT 25, HANNAH, MARK, Jr. 26, HARKEY, DAVIDT 27, HARRIS, SHIRLEY JEAN 28, HBC BROADCASTING TX LP 29, HIBBERD, LARRY & DARLENE 30, HILTON, BETTY 31, JENKINS, ROBERT S & LISA JO 32, JNC PARTNERS DENTON LLC 33, KLINKE, KATY R 34, LAMSAL & ASSOCIATES INC 35, LEWIS, GARY L & KERRY S 36, LYNCH, MERWYN 37, LYNCH, RAY 38, MCBURNETT, SAM EVERATT 39, MCBURNETT, SANDY G 40, MCCUTCHEON, THOMAS 41, MCCUTCHEON, TOM & MANDY Proposed Annexation D 500' Notification Limits 42, MCLEOD, LARRY J 43, MCSWEEN FAMILY TRUST 44, MORRIS, BILLY JOHN, Sr. 45, NICODEMUS, JULIA FERN 46, NOE, JEFFREY W & JEANIE 47, PICKETT, NANCY J ADMINISTRATOR 48, RAY, JANE B 49, RHODES, JEWELL MALLEN 50, RICHINS, RYAN A 51, ROBLEDO, JOSE A & MA ELENA 52, RODRIGUEZ, BRENDA 53, RUNDUS, TAMMY L 54, SHAW BETTY JO 55, SHAW RAYMOND G & BETTY ETAL 56, URSCHEL, CHRISTINA CARTER 57, VENABLE ROYALTY LTD & 58, WE BE HORSIN AROUND, LLC 59, WHITLOCK, JAMES N 60, WILLIAMS, CYNTHIA R 61, WITHERSPOON, DAVID L ANNEXATION SCHEDULE Potential Annexation (A05-0002) Notices to Intent to Annex (30 day prior to 1st PH) will be send on September 2nd. Tuesday, 10/4/05 Tuesday, 10/11/05 Wednesday, 10/12/05 Tuesday, 11/01/05 Friday, 11/4/05 Tuesday, 12/6/05 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. 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. Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoninq. 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. 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. (Special Called Meeting) . 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 1 st reading). 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 - CITY OF DENTON ANNEXATION PLAN FOR A05-0002 (North Denton) I. AREA ANNEXED The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ETJ). 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 10 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 C:\laholley\Backup 2005\Oct 4th CC\North Denton Annexation\5 - Service Plan-North Annexation A05- 0001 Revised 9-21-05.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 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. 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 the Development Code, 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 Rural Areas, Existing Neighborhood/Infill Compatibility Areas, and Neighborhood Centers. 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. IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection 2 C:\laholley\Backup 2005\Oct 4th CC\North Denton Annexation\5 - Service Plan-North Annexation A05- 0001 Revised 9-21-05.doc 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. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349- 8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to . . . receIvmg 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. Please telephone Customer Service, 940-349-8787, to find out which day your refuse, yard waste, and recyclables will be collected. 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 3 C:\laholley\Backup 2005\Oct 4th CC\North Denton Annexation\5 - Service Plan-North Annexation A05- 0001 Revised 9-21-05.doc the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. 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 annexation area is along the northeastern border of the City of Denton. Based on current data, there is a 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this transmission pipeline at designated connection points that were designed into the pipeline. The City of Denton has current plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has obtained a wastewater discharge permit from the TCEQ for this facility and has an engineering firm under contract to complete the construction plans and specifications for these planned facilities. The project has funding approval in the Water Utility Department's Capital Improvements Plan and the project will proceed foreword on a schedule to match the developments needs in this area as they occur. 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. 4 C:\laholley\Backup 2005\Oct 4th CC\North Denton Annexation\5 - Service Plan-North Annexation A05- 0001 Revised 9-21-05.doc Water and sewer mains shall be extended as development occurs within the area in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations. 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, 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 not certified by the State to provide electric utility service to the annexation area beyond Elm Bottom Circle should a request be made by a property owner. 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, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 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. 5 C:\laholley\Backup 2005\Oct 4th CC\North Denton Annexation\5 - Service Plan-North Annexation A05- 0001 Revised 9-21-05.doc 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. 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 C:\laholley\Backup 2005\Oct 4th CC\North Denton Annexation\5 - Service Plan-North Annexation A05- 0001 Revised 9-21-05.doc 09/21/2005 13:10 19403829995 ROBERT S JEHVIHS F~i~,'3E 01 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings onluesday, October 4, 2005, to consider annexing approxImately 51900 acres into to the corporate city tne City of Denton, Texas. The property to be annexed is generally located in the northeastern area tt..!~,=;ty of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosec vour information is the annexation and z.one change request schedule, which notes all the required (ncetillgs The Planning and Zoning Commission will hold separate public hearings, on the same on Wednesdll~ OctOber .12, 2()()S, to consider making II I'eCDmmend.;JtJon to City Council regarding the proposed annexation and zoning the unzoned propet1:y. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locatec at r.:: McKinney Street, Denton, Texas. Because you own property within the proposed annexation arei:, tht) Oty' CounLiI would like to hear how you feel about this annexation reauest and invites you to atten(1 hearings. Public hearings are designed to provide opportunities for citizen involvement and jp order for your opinton to be taken into account, ptease return the enclosed form. with your tomments to the date of the public hearing. (This in no way prohIbits you from attending and participating pue/le hearing.) You may fax it to the number located at the bottom, mail it to the address beio'.\, u it off tn-person; Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager ~os~~ to ;;u:;:;'j .,r-rY ----" Comments: r I DOKT .:SE~ U ~ BENErl lING F{</:'.i.:),~L"., "'JM,:> R~a.()tr~T At Atr/.... W<.-::: WON'T 6~T wATe;:7,i? 5F~FR. eL~c-rR/~ u--J H~ W e ~ ~ y ,{<ASH B'L,~~,_:~'j~~~ _lJo~sN'r Ne:-IE""O /0 ~D uP e:, iHE~, No Itl-A"'~s ,~-~~~ In favor of reQuest Please circle one: Neutral to request ~~ Signature: Printed Name: i!>f3I:~ ~,...4. ~ Mailing Address: 3'1 \~ 5~h \.. <1.t\. City, State Zip: \\. ","~'("''-1 . TJr J (a;! (}. '1 \ 7 Telephone Number: Cji..i()- ~8a~ '~'"-l.1tt Physical Address of Property within 200 feet: ~~- ~t=s--- y~....--~,~<~ CITY OF DENTON, TEXAS CliY HALL WEST. DENTON. TEXAS 76201 . 940.349,8541 . (F) f!4C3'.,S -w....~___ NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on TuesdaYl October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required rneetings. The Planning and Zoning Commission will hold separate public hearings, on the same propert'y~ on Wednesda~ October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the.' otv Council would like to hear how you feel about this annexation reauest and invites you to attend Dub/Ie hearings. Public hearings are designed to provide opportunities for citizen involvement and comrnem, In order for your opinion to be taken into account please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: Comments: In favor of request Neutral to request . /1.. ',~'. ..../< // /l II ,.A- 7"<;; ''-- ,-.......... Opposed to request .F C5.".:c.- /'~~~ .-- ~ "\~,<.....--~- ~~--- - ~-~-\ ,/ / ......-/_. ./ ..........~_/ S. \. /~'-'~-~i'L;6 ':'::}B/b/ Ignature>/< .... ..'- ~/,..;..Jo(.. ./-...<.... ._~. ..... /' . . L' ---"-. -'--'-'-'~ ,.\., . / PrintedfName:///:- ) ~c<}-\ t [') . !,,/'J)'C?<:) Mailing Acld~~;s: I CJ ~/(// /~~'-/i/j~/d_.~( 0 City, State Zip: }'~J.(. /, /' c TK' >"'" r:~ ..-J;;' / , r I ,- ,.' ,. ,'--" L I-"~ "". ~ Telephone Number: (~::'/'!I t> - -~3 KI" 'I _I J t '!: " Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST. DENTON. TEXAS 76201 . 940.349.8541 . (F) 94C.349. Attn: Deborah Viera City of Denton From: Jane B. Ray 10744 FM 428 Aubrey, Texas 76227 Opposed to request: I chose to build my home in its present location because I did not want to be in the City of Denton. My wishes have not changed and T am violently opposed to this annexation. The City of Denton cannot and will not furnish me services. This property has been in my family 1()l" over 50 years and we have done very well without the city and object to being sucked in to assist in the Craver Ranch Development. If this development is so important to the city why aren't the present developments being included in the annexation? ...) .- . . I <.i! __i j' \j _~ i , -' Jane Bay NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate cIty Of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area City' of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enc:loserj your information is the annexation and zone change request schedule, which notes all the requirec meetings. The Planning and Zoning Commission will hold separate public hearings/ on the same on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall 10c:ateC1 at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and invites you to attend Dubl/e hearings. Public hearings are designed to provide opportunities for citizen involvement and cornrnent.. In order for your opinion to be taken into account, please return the enclosed form with your con,tnents pnor to the date of the publiC hearing. (This in no way prohibits you from attending and participating in the pub/ie hearing.) You may fax it to the number located at the bottom, mail it to the address: below, elf drop it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ~_.- ( Opposed to req:~~~",\ "",--" // ...... ' Comments: /" S<.e...... h,,1) 1.'\-"-. ~::.L ~' 6 ,,'- 5. i .<:../:1 Q h Signature: /:' . .,/} (\1 .,~~ .J.t1t /[.;l"rru-v-- /. ./l .i.-',"- Pri nted Name :"Ic.a..~.~_.:-~~.c.J:-~).. ...$..ej{ '...u ., _________ Mailing Address: f, c, B 6. 'Y-- ") '3 t -------------_.~--~ -. -~._._-~,~._--~---_..-.-.....-._,-~ -,..__.,----"-^,"'-_..--,-.--.- City, State Zip: ( /~=~~-ttf=J.,:17~~S+----~~=.J:~-~-___~1-~..,~~.~.m?=_.__...__.__ Telephone Num~ir: C-'1:1" )____..__J.__~_2..:=__.j__':LJ:,?==_.__,_..._.,'_ Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST, DENTON, TEXAS 76201 . 940.349.8541. f!4C3i:j NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city Iim:ts City of Denton, Texas. The property to be annexed is generally located in the northeastern area of of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed fo! information is the annexation and zone change request schedule, which notes all the required The Planning and Zoning Commission will hold separate public hearings, on the sameDropen',/~ on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at McKinney Street, Denton, Texas. Because you own property within the proposed annexation area Council would like to hear how you feel about this annexation reQuest and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and commenCe In crder for your opinion to be taken into account, please return the enclosed form with your c:omrtwntc to the date of the public hearing. (This in no way prohibits you from attending and participating public hearing.) You may fax it to the number located at the bottom, mail it to the address below it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ( /7 '/,!-[.(/ 112/1<2" t1..1 .oIL h:',t1.4 </ r:: t:{ v . ~/ Llzz/-L1f-1.thttl L,.l Ct..... f./ /1.'Y. ~i r/f1:.';j i/I/[L J!;~i.f2t'E/1 1.'''''Zi , -.' / f.'i /' ,; ,1,_,._ ~fl ~=i-~//, .1.-1"7:;;-> ,i...,;1- _ .----;1---/ i-~/:,/l/ '--- ~ ,.OJ ;-~/ -- . -:<;1 /, -. > jl/I/I u'f.''i" o<vr.c ,,I c(..j1/'"l~'" r:,'" -'.'.' {{;Y,A:". .,/ /.J', ..f'..<1-Ld' . c? ,/.- J. ,J l/6..7".' /.'", /7. /.b:/I (l.-:. {, Ii ) . j . n . "",. t..' :1._. .-". ...- "----c.,-r....--7o...., .---.j .- [~- ..-~. t;.''1 (-- -'--{ -:",. ,--....- --\:.---- ~ Signature: CCA..LJ;~ "<...\..\ l( /{l0~ {/l / - , <--)/ ,rF . /! Printed Name: l( CLU k.J U I/O. ~l I, ,! /1 / " ... , i/ ,~ (- tv, .. . / v;) /J Mailing Address:,,) /; I j /j"'u-e'1-c, [/ tL r:. t:i (,( (L( City, State ZiP:cC;~>;g .(tiLte,<! _')<>;1 <<-:J 1{,;Oz /. vI Telephone Number: (';;~, ?~:}/,?1 '. ,~J{5;< Physical Address of Property within 200 feet: SEP 2 ::; iUL=: CITY OF DENTON, TEXAS CITY HALL WEST, DENTON, TEXAS 7 ..E.. 1.9.. P) (d) r.; J\i,T;'-;} ,~' .. ..cr::- .~4l~J. ts~ l:u, 't.d , '-'- j' NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of r:he City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed Tory-our information is the annexation and zone change request schedule, which notes all the required meetmgs. The Planning and Zoning Commission will hold separate public hearings, on the same propefty; on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the Otv Council would like to hear how you feel about this annexation reauest and invites you to atteno the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your cornme:lts prior to the date of the public hearing. (This in no way prohibits you from attending and partic~'Jatlng in the public hearing.) You may tax it to the number located at the bottom, mail it to the address below or dro it olfin-person: Planning and2~'r'~~o:.:es~ Department 0 ~~~U!~ 0 Denton,Texas 76201 SEP 2 6 lUll] -j. Attn: Deborah Viera, AICP, Case Manage P. ,liNG & nEVELOPMENT In favor of request Please circle one: Neutral to request Printed Name: Mailing Address: City, State Zip: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.)-'19. ~ + /) ,.Je.y .--' ,r5 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 200S, to consider annexing approximately 5,900 acres into to the corporate city limi1:~; of City of Denton, Texas. The property to be annexed is generally located in the northeastern area the of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearing~ on the same property, on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the un zoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area Council would like to hear how you feel about this annexation reauest and invites you to attend hearings. Public hearings are designed to provide opportunities for citizen involvement and ,c. In order for your opinion to be taken into account: please return the enclosed form with your comrnents prior to the date of the public hearing. (This in no way prohibits you from attending and participating In the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ~~~~~_~t~.,~=~-~~~f Comments: " (i Co" /f '.~~~<J < . / l/t; -( 0 /1. ":;'. j,..,J tL ,L./j ~.- '7//)::' q f f1 ,2 Ir/ 3 fihl~fe it ) 77\' 76:J. .:2 7 Telephone Number: r if/} .Ii 'y'3- :2.. ;':/ f C; Physical Address of Property within 200 feet:/. "U!Pli/ /)u.t Signature: Printed Name: Mailing Address: City/ State Zip: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 PLANNING & D NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the requirea meetings. The Planning and Zoning Commission wi/I hold separate public hearings, on the same property on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locatea at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opir-ior. to be taken into account, p!easa,r:eturn the enclos.ed form with YOl!rcomments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below! or drop it off in-person: . Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ...J- Lv'7:t>.i't..o( ). Physical Address of Property within 200 feet: I I PLANNI~G & ~~y'EL~~MENT I CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . IF) 940.WJ7707 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same propertv/ on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the Oty CounCIl would like to hear how you feel about this annexation reauest and invites you to attend tf]e public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ~~ /' 011= o/lJ't ~ if '\, "- Opposed to request ;' __,,,,f Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: PLANNING & DEVELOPMENT CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940:j4{,TlU7 09/27/2005 11:04 9408983556 COtiFERENCE SERVICES NonCE OF INTENT TO ANNEX September 21, 200S City or Denton PlaDning aDd Develop..t Department 211 N. Elm neatOD, Teus 76201 Re: 9451 F.M. 411 Aubrey, Teus 16227 TO WHOM IT MAY CONCERN; After mUt!b thoapt and t!onslde....tioato your proposal to annel., I d<<ided that I Deed to voice my opiaio.a. I have bOWd ..any developers iD my tilDe, add believe .me laow daat tben .is ODB} one thiDI on tllei.. mind and that is to "make mODey". Then b nothiag new about tbo plleDolDenon. What I wo.lclllke to see 0 if jllS. onu tile "little guy" un voice the.ir opinioa add the "big guys" aduaDy li.teD. It is Dot always about the big developen aad what tb.ey can oIFer tile city. Whether you OW'll just ad atl"e lot or 500 aeres, there iJ a rcuoa that people IIlOVf; '0 .Aub~. We bad a t!lIoite - move to Deaton or move to Aubrey. We tho.e Aubrey aad 10 did lIle rest of the people tbat live here. It wU not 0Il1y for ill beauty. iu calmllell, itl serenity. but for prattical reason. like lower taxes a. welL We wanted out of the city to have 6re works if we wanted it, to Ilave uimaIJ roaming tbe propeny, to have big gatheriogl of family and friends witllou. worryiog about parldns "uea. There has been so muth Rnnft in our country .. harricaDes, evatuees, loss of bo...~~ aad ramily, and thou or u. dealing with loved ODes at war. It seems .utb a minor thing to a.k that the peatefulnal of our 1I0me itay tllat way and to Jgve UI in Aubfty. nank you for your colJsidention. Sioeerely, EJ~ rr= ~ (-~-"\ :-.:::;:.:J (l ,c;'I~'IL_J II L~ "'::::!J 6 U -=-~. i~~'\: i~~ , u: !i I' n SEP 27 ZOUS . ,'J M. Deboralt GiBespie Proud Property Owner in Aubrey , i PLANNING & DEVELOPMENT ! -_I -----_._---_.._-------...--_._--._---~~~-_.._--- .__._._..._--~.- ---_. .._-------~~--_.__. ..- FPOt1 : FLClDPS R( FOUTCH FA>< NO. : 940 383 4499 Sep. 26 200~ os: D3F'tl "1 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Counel of the City of Denton will hold the first of two public hearings 011 IJ,.\esday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate ciN of the City of Denton, Texas. The property to be annexed is generally located in the northeastern are,;! tnf.: City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. EncloSt~d,!,our information is the annexation and zone change request schedule, which notes all the required ~Y1eetfng5c The Planning and zoning Commission will hold separate public heating~ on the same proptH1X, on Wednesday, October 1.2, 2005, to cons/till, making a I'SC011ImendatJon to City Councif regarding the pl'Op9ssdannexationaDdzonlng the unzanBd.p~,~.,,_. _ The public hearing will start at 2:00 p.m. in the City Coundl Chambers of City Hall locatf>c i?,t 215 E McKinney Street, Denton, Texas. Because you own property within the proposed annexatIon art:'!} the CounCIl would like to hear how you reel about this annexation request and invites you to attend N,E! hearings. Public hearings are designed to provide opportunities for citizen involvement and c0i11menL order for your opinion to be taken into account, please return the enclosed form with your comme':ts to the date of the public hearing. (This in no way prohibits you from attending and patticlwi:im,;/ public hearing.) You may fax it to the number located at the bottom, mail it to the address hela'x, ~ jrop it off in person : Planning and Development Department 221 N. Elm ST . Denton, Texas 76201 Attn: Deborah Viera, Alep, Case Manager -, '\ In favor of request Neutral to request Opposed to request I ....../ Comments: f.))e It (~ V(f.r<.y t>,,,os@ +0 1M (;" R.!.; &Il~,"t:l AN.Nl;)( A'r/'O . -----.:fF,;,.; ~<-\".,jlE:J' 73 U IIJ TilE e.try we QJ()tA..t..1> JHrve BOIJ.~f/.r IN THe (!.JTY. ALSd ,.,. /tiAKes AID ~AJs€ /.j(j~1li.Ji:. ~,fJ:Je~k:5 ~f!..U.TAIN AUftS OF PE!'r&1...CRe:1> Oi... /J.A}J:ie v b-j."P/;./.) J..ft.tJ 7:>.--W~'TITOI.u.bLJie1/...f ST.t;;=~=_~~~ THe fl..AN/VltJ (; .. ~ol\J ING /?;0II~1> JflGMf;G.~. THEIl{ N Itmr;S, v- P;JoAJri NMftlaH!slio tJJ e C~It";~~~,~ -' ~ , -rttLK.. fb 71I~fr\ t>Io.Fo~~ 11J1;; mt;~lItJt;S. ~ U()i.I..LJ) fj-L$o /..II<~ '1b 'KJJbcJ WJlfd P1...tlt"'1."11f;.5, ~A>>€' SoL); IN -r'H 15 el1 1#7Y.Je /....liST ~ lI'-o#lH5. Please cirde one: Signature: ~ W. (~ Printed Na cI- 'D,Ps",) G. W- FOI.J---rCH Malling Address: 55S5 WaoDLAIJ]) MILLS "DR/Uj; . City, State Zip: Dg~JJJ I n 11,~J-E~/5' . Telephone Number: Q40 - 3g OJ - 39;;<1 I ql.kJ- .3t1- 1337 r"PiX Physical Address of Property within 200 feet: 5555 LJqJ7)LA1J1:> J.}/LLS ])R)/JE; CITY OF DENTON, TEXAS CITY HALL WEST . PENTON. TEXA r~:~ -\ i :,' ~ ~ : H . ~&~8d41 ......J PLANNING & DEVELOpfv1 FRor'1 FAi< NO. 5633590484 Se:P. 27 2005 01: 1Bpr,) f'1 -'-"'--,'.-~~--........_--~--- NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) I IThe boundaries of the proposed annexation have been revised. Pleas~see the attached maDS for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately S,900 acres into to the corporate cit'f lim'ts c;f the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of of Denton's Extraterritoriai Jurisdiction as shown shaded in the enclosed map. Encloser;: Ilnformation is the anne~a. tion and .20.ne ch~nge request schedule: which. notes all the required The Planning and Zonmg CommIssIon will hold separate pub/lc heanngs, on the same I we. dnesday, October 14 200~ to consider making iil recommendation to Oty Council propnsed annexation and zoning the unzoned propelty. IThe pubHc hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located ~1;~ McKinney Street, Denton, Texas. Because YOIJ own property within the proposed annexation ar,'<..i CO{fiJcITWoo/dli!?tTto7ri:!lJr1rlJwyoa fe-el about this. annexation -reClClest'ahd-fnVitesyotttcr attC{}(j tht, hearings. Public hearings are designed to provide opportunities for citizen Involvement and cornmfO;;;=c order for your opinion to be taken into account, please return the enclosed form with your cornrnen:s to the date of the public hearing. (This in no way prohibits yol.l from attending and participiJtt!ir; publiC hearing.) You may fax it to the number located at the bottom, mail it it off in-person: i Icomments: I I I Planning and Development Department 221 N. Elm 5T Denton, Texas 76201 ii S E P 2" Attn: Deborah Viera, AICP, Case Manage , , ' Please circle one: PLANNII\ll1 8, -~..._-~. , Neutral to request Opposed to request .1),,/ ;::~vc 11.- t i!..C',-Plt.4# I -.,.....-.-.'. --"-,.,',--.._~.,.._- -~--'----"---_.._..__. -"-. .._._...-.......__.~..... .--". Signature: Printed Name: Mailinq Address: City, State ZIP: Telephone Number: Physical Address of Pro erty within 200 feet: 7.6'.227 /' if 'I CITY OF DENTON$ TEXAS CITY HALL WEST' DENTON. TEXAS 76201 . 940.3498541 . (F) 940c31H. AGENDA INFORMATION SHEET AGENDA DATE: October 4,2005 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Consider approval of a resolution nominating members 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 that the term for members on the current DCAD Board of Directors expires December 31, 2005. Therefore, DCAD is seeking nominations from taxing jurisdictions in the district. The attached resolution is available for City Council to make a nomination(s) for members to the DCAD Board of Directors. Once nominations from all taxing jurisdictions are received by DCAD, a ballot will be sent to the City for City Council to cast their vote to elect a member at the November 15, 2005, City Council meeting. The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect a local representativelnominee to the Board of Directors. In 2003, the City and DISD collectively voted and elected Rick Woolfolk. DISD plans to nominate Rick Woolfolk and Charles Stafford. This year, the City has 163 votes and DISD 692 votes. The current DCAD Board Members include Charles Stafford (Denton), Rick Woolfolk (Denton), Lee Baker (Flower Mound), and Ben Harmon (Lewisville). Steve Mossman was made a voting member in July 2005, due to the resignation of Richard Smith. Prior to this appointment, Steve was a non-voting, ex-officio member of the Board as outlined in the Texas Property Tax Code. SCHEDULE Applies only to every other year: Prior to Oct. 1 - DCAD notifies taxing entities of the number of votes they are entitled to cast for appropriating board members. Prior to Oct. 15 - Nominations for DCAD Board of Directors are submitted to DCAD by each jurisdiction (via resolution). Prior to Oct. 30 - DCAD compiles comprehensive list of nominees and forwards list to each taxing unit in ballot forms. Agenda Information Sheet October 4, 2005 Page 2 Prior to Dec. 15th - Taxing units choose by written resolution a candidate(s). Name(s) of candidate(s) are submitted to DCAD along with the number of votes for each candidate. Prior to Dec. 31 8t - DCAD tabulates votes and forwards results to taxing units. The five (5) candidates with the most votes become the Board of Directors as of January 1. Eligibility Guidelines: . The selection process is set forth in Section 6.03 of the Property Tax Code. . 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". . 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. Agenda Information Sheet October 4, 2005 Page 3 EXHIBITS DCAD Board of Directors Nomination Information Resolution Respectfully submitted: A~- '~ - --,"- . ". ~ .. ' ~~ I ~:. ~. _ _ __ ;iII~. ,.,. Diana G. Ortiz Director of Fiscal Operations DENTON CENTRAL ApPRAISAL DISTRICT 3911 Morse Street, P.O. Box 2816 ' Denton, TX 76202-2816 www.dentoncad.com MEMO TO: Denton County, All School Districts and All Cities That Levy A Tax FROM: Joe Rogers SUBJECT: Request for Nominations for Denton CAD Board of Directors DATE: September 7, 2005 It is time again for the taxing jurisdictions to select five individuals to serve as the DCAD Board of Directors. Each jurisdiction may nominate up to five people to be considered for the Board of Directors. According to Section 6,03 of the Property Tax Code, it is the chief appraiser's responsibility to initiate this process, which is the purpose of this memo. Please note that a chief appraiser does not have the authority, or the duty, to investigate, or judge, the qualifications of the nominees. Further, a chief appraiser can not extend the deadline for receiving nominations. Attached is a nominee form. Please return a form for each nominee by October 15, 2005. CALENDAR FOR APPOINTMENTS: 1. Prior to October 1 st - Each juriSdiction will be advised of the number of votes they are entitled to cast for appointing the Board members. (See Attached) 2. Prior to October 15th - The governing body of each jurisdiction nominates candidates to the DCAD Board of Directors. Each taxing jurisdiction can nominate up to five candidates if they wish. The number of votes that each juriSdiction has is not relevant in the initial nomination phase. 3. Prior to October 30th - A comprehensive list of the nominees will be compiled and this information will be sent to the taxing juriSdictions in the form of a ballot. 4. Prior to December 15th - The taxing jurisdictions choose by written resolution the candidate, or candidates, of their choice. The jurisdictions then submit the names of their candidates and the votes they cast for each candidate prior to the December 15th deadline. 5. Prior to December 31 st - A tabulation of the votes will be forwarded to the jurisdictions. The five candidates that have received the most votes become the Board of Directors as of January 1 st. Phone: 940-349-3800 Metro: 972-434-2602 Fax: 940-349-3801 Memo, Appointing Board of Directors, September 7,2005 Page 2 SELECTING A NOMINEE AUTHORITATIVE GUIDELINES - The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an "election" governed by the Texas Election Code. It is an independent procedure unique to the property tax system. ELIGIBILITY - An appraisal district director must reside in the appraisal district for at least two years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal district's 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 if 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 contract with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the board of directors". 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. DENTON CENTRAL APPRAISAL DISTRICT 2005 DISTRIBUTION OF VOTES 2004 %OF TOTAL NUMBER JURISDICTIONS TAX LEVY LEVIES OF VOTES SCHOOL DISTRICTS: SOl ARGYLE ISD $11,628,671.44 1.441 % 72 S02 AUBREY ISD $5,234,948.34 0.649% 32 S05 DENTON ISD $111,690,985.68 13.837% 692 S07 KRUM ISD $8,110,622.80 1.005% 50 S08 LAKE DALLAS ISD $18,352,939.72 2.274% 114 S09 LEWISVILLE ISD $301,632,632.53 37.367% 1866 S10 LITTLE ELM ISD $16,689,505.80 2.068% 103 Sl1 NORTHWEST ISD $98,062,250.77 12.148% 607 S12 PILOT POINT ISD $6,712,756.56 0.832% 42 S13 PONDER ISD $10,014,567.13 1.241 % 62 ' S14 SANGER ISD $9,769,569.31 1.210% 61 SCHOOL DISTRICTS TOTALS $597,899,450.08 74.070% 3701 GOl DENTON COUNTY $91,696,817.12 11.360% 568 CITIES: C26 CITY OF ARGYLE $1,024,754.97 0.127% 6 COl CITY OF AUBREY $426,314.59 0.053% 3 C31 TOWN OF BARTONVILLE $269,016.14 0.033% 2 C42 TOWN OF CLARK $69,964.13 0.009% 1 C03 CITY OF THE COLONY $12,448,889.30 1.542% 77 C04 TOWN OF CORINTH $6,721,510.25 0.833% 42 C27 TOWN OF COPPER CANYON $202,671.84 0.025% 1 C05 CITY OF DENTON $26,353,489.67 3.265% 163 C30 CITY OF DOUBLE OAK $530,275.15 0.066% 3 C07 CITY OF FLOWER MOUND $22,885,144.91 2.835% 142 C22 TOWN OF HACKBERRY $64,911.67 0.008% 1 C19 TOWN' OF HICKORY CREEK $824,349.40 0.102% 5 C08 CITY OF HIGHLAND Vll.LAC $6,765,768.40 0.838% 42 C09 CITY OF JUSTIN $607,039.50 0.075% 4 C18 CITY OF KRUGERVILLE $147,145.08 0.018% 1 CI0 CITY OF KRUM $470,312.14 0.058% 3 Cll CITY OF LAKE DALLAS $1,683,819.18 0.209% 10 C25 TOWN OF LAKEWOOD VILL $105,236.27 0.013% 1 C12 CITY OF LEWISVILLE $23,591,446.06 2.923% 146 C13 CITY OF LITTLE ELM $2,843,439.99 0.352% 18 C23 CITY OF MARSHALL CREEK $43,941.59 0.005% 1 C33 CITY OF NORTHLAKE $224,144.30 0.028% 1 C24 CITY OF OAK POINT $1,024,267.71 0.127% 6 C14 CITY OF PILOT POINT $759,331.15 0.094% 5 C15 CITY OF PONDER $208,389.42 0.026% 1 C17 CITY OF ROANOKE $2,617,892.26 0.324% 16 C16 CITY OF SANGER $1,718,167.24 0,213% 11 C34 TOWN OF SHADY SHORES $464,759.92 0.058% 3 C28 CITY OF TROPHY CLUB $2,517,962.23 0.312% 16 CITIES TOTALS $117,614,354.46 14.570% 730 GRAND TOTALS $807.210,621.66 100,000% 5000 KA THYW\SHEET\2005ALLOC.XLS NOMINATION FORM Please return this form to DCAD no later than October 15th. Reminder....your jurisdiction may nominate up to five candidates to the Denton Central Appraisal District Board of Directors. Please include the address and phone number of your nominees. Name of your jurisdiction: Name of nominee: Name Address City Zip Phone#~___-____ Please provide work or personal experience that would be applicable to an appointment on the Denton Central Appraisal District Board of Directors 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 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 district2.doc RESOLUTION NO. A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal District will expire on December 31,2005; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas hereby nominates- and as a members to the Board of Directors of the Denton Central Appraisal District for two-year terms to commence January 1, 2006. 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: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: October 4, 2005 DEPARTMENT: Utility Administration Howard Martin, Utilities 349-8232 .. ACM: SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Assistant City Manager for Utilities to execute two Advance Funding Agreements for Voluntary Utility Relocation Contributions on State Highway Improvement Projects by and between the City of Denton, Texas and the Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND TxDOT is widening the existing Loop 288 paving from a combination of two lane road and four lane divided to six lane divided between IH35E and University Drive. With the wider roadway there will be correspondingly larger drainage facilities, improved signalization and turn lanes. Consistent with all other TxDOT projects of this nature, utility providers are normally required to "clear" their facilities from the right-of-way (ROW) prior to the onset of the paving construction. In October 2004, PUB was presented with a memorandum listing the history of this project and the possible pros and cons ofthe construction of the City's utility relocations in conjunction with the TxDOT job (a copy ofthat memorandum is attached as Exhibit 1 for informational purposes). Inasmuch as the schedule was compressed to the point that independent relocation of the utilities by the City was not a viable option, it was generally agreed that the best course of action was to include the water and sewer utility relocations in the main project with the highway widening, hopefully realizing a bid savings for the utilities through economy of scale. As a part ofthe process for bidding and constructing the project concurrently with the roadway widening, funding for the City's portion ofthe project must be set up in advance. TxDOT arranges for securing the funds in this manner through the execution of Advanced Funding Agreements (AFAs). The projected dollars for the construction of the utility relocations are deposited with the State forty five (45) days prior to the bid letting. In the event that the bids come in higher than estimated, the State will provide written notification to the City, and the City will have thirty (30) days from receipt of notification to provide the additional funding. At the end of the project, the State performs an audit of the utility relocation costs. If the amount provided in the AF A is insufficient to cover costs, the State will again provide written notification to the City, and the City will have thirty (30) days to provide the required amounts. If the amounts provided are in excess of that required for the project, the State will return the remaining amounts to the City. The Utility and CIP Engineering Department submitted final plans and specifications for the City's utility relocations for approval by TxDOT in Austin in August 2005. The final opinion of probable construction cost for water and sewer relocates is approximately $2.84 million dollars. For water alone, the projected relocation cost is approximately $1.45 million dollars, and for sewer alone the projected relocation cost is approximately $1.39 million dollars. Inasmuch as these dollars will be pulled from different funds, separate AF As were drawn up for water and sewer and are attached here as Exhibit 2. The scheduled bid or let date for the overall project is December 1,2005, with a projected construction start date in April 2006. In order for the project to stay on track, payment associated with the AF As must be made to the State in mid October 2005. OPTIONS 1. Approve the Advanced Funding Agreements. 2. Reject the Advanced Funding Agreements. RECOMMENDA TION Staff recommends approval ofthe Advanced Funding Agreements between the City of Denton and the Texas Department of Transportation in the amounts of$1,450,000.00 for water relocations and $1,390,000.00 for sewer relocations. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) The Public Utilities Board will review this item at their October 3rd Meeting. FISCAL INFORMATION A total of$1,145,223.00 has been included in the current Capital Improvement Program (Exhibit 3) for the construction and inspection ofthe water relocations project entitled Loop 288 Widening From Highway 380 to 1-35E ($1,106,223.00 for construction and $39,000.00 for inspection). A total of $1,692,000.00 has been included in the current Capital Improvement Program (Exhibit 3) for the construction and inspection of the sewer relocations project entitled Loop 288 Widening From Highway 380 to 1-35E ($1,635,000.00 for construction and $57,000.00 for inspection). BID INFORMATION Not applicable. DATE SCHEDULED FOR COUNCIL APPROVAL October 4,2005. EXHIBITS 1. October 7,2004 Memorandum. 2. Advance Funding Agreements (2) 3. CIP Detail Sheets 4. Ordinance (2) 5. PUB Minutes Respectfully submitted, ~.:.~... . . . . . . .. .. . .". ... . . .... . . . . . .. ... . .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ...... . .. .... . . . .. . ... . . .......... .... . .....".. Jim Coulter, Director W ater/W astewater Utilities Prepared by Frank G. Payne, P.E. Interim City Engineer Memorandum To: Jim Coulter - Director of Water Utilities From: Frank G. Payne, P.E. Date: October 7,2004 Re: Loop 288 Utility Relocations This memorandum is intended to provide you with a brief status update on the Loop 288 Utility Relocations project, specifically related to the manner in which TxDOT is currently planning to bid or let their paving project. As you are aware, TxDOT is widening the existing Loop 288 paving from a combination of two lane road and four lane divided to six lane divided between IH35E and University Drive. With the wider roadway there will be correspondingly larger drainage facilities, improved signalization and turn lanes. Consistent with all other TxDOT projects of this nature, utility providers are normally required to "clear" their facilities from the right-of-way (ROW) prior to the onset of the paving construction. The widening of the loop has been anticipated for a number of years, with much of the "push" for the project being provided by the City and the County. TxDOT hosts a utility coordination meeting in February of each year to provide the various utility companies, including the municipalities in Denton County, with information on anticipated let dates for their projects. In the last couple of years, TxDOT has cut back on their projections provided in these meetings to a two-year cycle only. Although the Loop 288 project has been in the works for some time, the first one of these meetings to make specific mention of the job and its projected let date was the 2004 meeting in which a July 2005 letting was listed on the TxDOT schedule but was adjusted in the meeting to December 2005. Ensuing discussions with TxDOT consistently centered on a six month delay from the let date to the beginning of pavement construction, resulting in the roadway contractor actually mobilizing to the site in May to June 2006. The Utilities CIP initially listed the relocations associated with the TxDOT project in the FY2002 to FY2006 budget cycle (prepared in FY2001). The design for water and sewer relocates was projected to occur or begin in FY2003, and construction was listed in FY2004. Although design of these utility modifications did indeed begin in FY2003, the recently approved CIP budget for FY2005 to FY2009 moved the construction dollars to FY2005. Design for TxDOT utility relocation projects cannot typically begin prior to the issuance of Plans Adequate (documents judged to be sufficiently complete for the planning, design and construction of relocation of affected utilities) by TxDOT. For this project, the City Engineering Department H:\TxDOT Relocates\Loop 288 RelocatesIAFAs\M-Coulter1.doc Exhibit 1 Page 1 of 3 òüHm¬ßÖΖ‹–ž“ë˜ß«P€›…‹¹«”ƒß€ŠÓ ž²œò—ɚ߯ƒ ±Œß J ŠVˆÉ ÿè´‹šß’šMßÕÞmÊ«„Ôß®““ŽŠ¶H%÷º×p¹¿?*š`嘳ß5*Õ+<¢3šÕ)7i¿v%˜%ß[Ý*9¤0“êÝD´–¾(–„°8¢Ü.‹Ö3ÔÍ ˜‰} 3¾6ÍÅKÝÚÑÂØŸ¯“ÕR”ÄÕÔ Ž ÿœ‚““Ïé<“‘ÛÞŒr庞…“†…ތ߱:˜˜–±¨ßß÷ü_ ž¶Ö²Ÿ§ÃÙl?² Ý?_5³Ó‡®ç@ý™]7´Ž U8Šåw}óÕÀ¼r™ ÞÄÅWÐÙ–¨½ÂÔS€ÓJoîfá}»œ·N" Ë«þÁßÀÔ_J0 }æÞ› 0ƒÌ-ÆÓßù¡âÏ‘/c ¢hõùÚ Á íÀßQ°ÁuŠ æ q~Á”*ó-]Ô?Ü}Ê!–,ÀÞÕ³2éµ·ªq®¤Ô<éã ¢äL<Úy¶Bó¢üê´É ©¤ÉÁâ>¹B ù W-ÿCÜHYeGñM ×lºâ4Ó Ãº¨TjaÓò¶PªÞý ´A44²ü"óÉËÆ欰 ĸQÌìtQ60e¯q| ñI(ðS° [p_¥"ãèwm5%¢ ¥E»ä|*{‘R½k.B`{"ºãaØ/õC¤TWêò=q¥Fwð½K{ã &x|LåC©÷ {ßöáLè1<<0s<H8øxvè:biácBEéÀdeÂEEi²s1fõrcx1}&ë-ê)qìÈ`x.8+Zb,ô} |té^5{bî6fc@&ÛY08öIáGçg3~¢z¤-µ8O hãWåæï¨âçê.(CLFúç¨ûëçøí¨çýLýýúŽš†ß‘šš›\å’ZíS8ô@JKŠ <C(0T € NÍÝIÇNw³¬A)´'¨®•M’æ¶pkê·nÑÏ#]ø¼¥}`*ó k 7ɵ* l/K}² ]¹?Bñ¹D-ê²*Ñ:ãU%–ülÏÄ4´÷Øãð ÉýÞ"pÚÏ[«,ß3 9…FxG§¸°´ 9ã£<P ¾V£/[Ùá:ƒ‹Àß-ö³öœ_Ê¢Ï\¡8Ÿ±Ú„ÛHÞ(—üÙ—› Å"GU‘œÛÝ œ¤×´‘*<6ž‹0›ß‹Q?hß‹—ö¦š4<\™Õ+7º–ËM‘‹ký†“œ6= ŽÛœ0*3 y[>4¯|}ðmÿÔh êÇÕk`(QFºU„Ï ü+G¬äÌîBcØÑGü<Q©äÖºPAøgS›¿MPô).¸j&sÝ™1)+H73‹VÎü˜D ¨cS'ÐybA{‡5=ò÷%"¥[xZåS$é,ã }ã#ô@©Cô`– æ“l9ä èsc»7BÌÕ9§>$cð'í@_˜DC{¦jíãHlc|Q<4'e ÝUªjð'ã…èÙr ù(\|GË_ :E'«`/‚¦$y ›mÞB¹è§ iûK«Á–×È€§Ö;ÿ&OmkãÄ6ÏVª ß0bêÖgäxvEIeíHÊÅË‚¯¬ ÅžrÏa…Q½Ëãï¦oÜ4ÒÀ˜ ¡¾ót›€¢ Ng²#{Y—EýÍX¥X—ûüžÖ@ùÕºK"”Ü€\eÆäuN½Qs §ë@Ù ÔŸv¬E}ë@K¢óZê¼+}ótè’8sË Çá]/4Ù$ÄIÆ¥>À½ãÑ U¼K#nÓ?SïÆ®·by»ž…¤Jy^ êŸC„745×|8›˜æƒ°®›œ•G”Òœã1:›¥ö†wךÉØÀŠÌ„Ù’› ÀÙ³·0ڸ˻˜˜ƒÐ…÷†–ˆ¾ÿÚÏÜ2ÓŽ“–,Š‡šžå‚œ“ÏŒŽ-©H„¿Do°O?²³òœ@““‹ž¶Ÿ”¼›¥daŽâQÚåŒUéÅ Á¾:uÕ ¸ ±Ž›vÃŽÑÔ•WܱšÄA}– ·ÙÙÿ„ÆÚA<Ÿ¶÷KˆÁåž?—~Àß ’Ô —bs¦Œ¬@"Š˜iÑ·–r›óšÞŽ¿Ö‰ÃwG‡ßCSß·šª[º¼âíì¬ë+¨Ì˜±^˜4—Ç–‘߉NÈg‰.“½’†Ÿä×–ë€áˆÏÊ‹YH’ßR•›T•‘¸ò–VÌ{•ËÅß²æ˜Oˆ›ÿ ž>¢›ß÷ß ˆ}š’±™ßƒåÓŸÆëâÊžÿºÞÖšHžÍž ²j׬Vˆ–Žßš †Ð†Ÿ™ž†ÐŸš_Š‚“?4*,“ûqÚ¿ÄšÎþÊ÷ÝŸ× ¯ÿ8´³Bˆ’—ÖÚ‡BR`¹"=ŸB¿òËœ“¤œÙ/«‡Š®ùºöèEž]Òµ >“‚ÿ´Àß°˜ó “œÂΖ„ßžœªÃ—ÍßUž™ÑšÐ‘œ¡Á¹ß¾™‹– ÓŸ‹š[ ‘‘Ýž©Œk*Ž®¢LñÒПÌß…YI™¤Vx-†Ž‡Û Ë’‘¦r;]D_˜äƒž1Œ¾Šº¹¤¯ÜÇÄK.2üº×ÝÚKuÒÃkÃF&Ш»§µß¥s‡ÚΠﰋ£nÖ^ØMÙï˜þÏ~ô¢Z{á Õ ¥)æ` É󺈡2ŽîJ;Þ³y§Â‹ÿA8ß/wu'=“NPtØë ®ÓÆèÀÆ~kq:ã JEñH¶þDMµä ¤=†Z ½ =ÓSEõD;Z7¢;Ì FB–;;ó yj$߉’E¥¶‘þIçÎM¸Å¸^´¨>?H¥ádßéÁÖ,éË+¿î(ÂSGí^åM}¢Åãb$8:É_aè+Knnp~ëM±^BöŒöðŽcTd(éz¦ŽGyïþ&=*zëIbìFøËO|¢B·ÜyöSÅve§ì$2ß!Ìó£¢H7ch~H5šó qa,`y¦%{xµt(t2H¹&Lr… œ’xpb11d|¬’txõ½ñR-- ÖI®bôÎûûáêáäQ–ñ¨çîKLANWFKàï¨üàíØP…–æ-Ú1µ¸îñ Öü;¾1)=‘ÂuL‹90…^Ìú‰êÒ‘A¦G¸GŽ—ëņË:ßT}~ì'R1*ü×°{ñ{aì&cÇût&àm5`&IÎ7¨õÓ¿KÕ!5NcìÍ¢èTùvLÕMÝñ½Û/áÞúÄÉȵS‚¤*®v, b.{r{Cæ…@íq:^ VU˜Q©¤K_Ì‘¡ñ ´ v¦ÔkŸÝZj× LdÃH6¢“¶sã‘Ÿ³ÞZ‡¢úÖ ó¦¶ÙèÚÌ€›·„ýÆÐѺ*éÙ}¾ß ÕV™’šß<Ý¥QåÌŽ—ž—œkÄ›¡½‘ 2˜“Úß9°Ç•šÒšœÚ‹”µ”VÒ‰¢.gÀù] ¼h SÇ °W¸ù 7€µ N!ÃÔç‡ “£Ü\ÐX¬ƒˆs¸M¾ûÅèët=E~ùw\~ zÊ‚H^M¹Hûïv9 Qÿ DAÜœ^HEþV¢¤ŸµN(Ç@{ïf`[&ž7H7IÄßNz/|M({¦7òsè1¼udvö~îqqšB`m/%Îâ¥Õ¨cV4FŒD¸w“b®†d,e6²dó@Ä[Æ…wË#½ólðd®p¨zKèÆ^çÐ#ÁåÛk:´F¦>†wÀŽcýòƒ]mή><·²³/˜ØMg& q J1¦ Gqjkæ¹Ç¥NRìY£~¸$¨i`+È~ùßVJšdáe@Á—¯6 $¦]íÄXãÔõ*(\º 3–T4EG´.y‰¤I$–É vÖ]áS·ë€~ÒòÙXÖ³1œ*-Å ˆ¿eÕYb "þðjÇ3G”à&ê#…GY¾78)J˜àÄÀ:á!ÆKÜ* Ǥ,Ý3d +ø³üpžZš Ó¾^ïì#ÛÇýŒ~ƒ¦¡¼Õ'^ k 6Š—Ò£&Ù‘§›w‘@%â*ÑîB@ƒÀÄ”†®§‹š²ëæd Ùš ÊZ|ß“–Ú&ÖÚß>û٠š°‡@ŒˆÉZ‹¸ ÛŸžKœ€òÁЙž[—ØÝúÿ/ç Ý¿œ-Ž¾—Þ30ÒÑ™ŽÒžò™_Ž8Ø™OÒºËÄšö($9|Õ= ËÄ¢¤']¸S§¹Š¶qžŽÃŠß‹v¹f—‚°ÈÐWVŒÿ+œÛjÚОÛϽÜÞW€&ò ˜:É“Á[žûݯ:ŽŸº"+Óc” 0BŒP'˜°†ÿŒ ò_ ³s˜òÄ—˜Qšß|“ß1Ø›š[m{ì¶Ìªù×Í k0˜šŒÌk–žn3ìè°õËÕϜԊb8Ÿ‚“ÛL5œWaÝœvš+––šš“†7–šßšºC”G‰›7 #B³Š˜ÃÄ‘ÝÅß»K™–‘¼ò™kÞ±“ß”š;„Ð=¡ÿšÑÀ|[œŠŸÐ¾³¨õŒ³ = ‰¶²šßW_œ€–±˜ßž<ÚŠã‡791š„»ÚRØÊ…ƒa.Ú<«ŽpŒLÞÙñÃâ^˜•²•”®øÉQ-ŸßÈÀ"Ö $3¤ONœ‰šžMŠ.³²ÿ¸°U)šÄ)Þ£™ßU!Ó–‹û鯚.¬¹FàÑŠ›¢õ¶–š˜ ³†ß –‹·_k}šò–– ¦‘=’†J' 8–=‘ŸŽ¯¾šã…m2Ý·~+óÌ“²Ÿ†Ç¢:¹£ˆœ¼¯=Íù5×øG!“¾ ÍŒvïx&ßƹJïÀßøgÔ†O²¸?jV›•‰ Ûœ8ßt®nÂÄÑÁ$þF|êMgÙ$–L-øåî«;M* Š…òŠØ?-¡þ3 ƒ·Æô:µ²oñp©Á €âüÍÔ¤Ž±Bµ<ã¢ssÙÓ3¡Û½#Èo ÚTµôâòŠ|y}à À<7"¯#QX£ó@©@;ÕExýc=Ä@‘8 ²[¨Ç Ñ-+óM8ßUª4ï ;OrìôÐìhÄŒq§þ&òl8^$§÷6'mHU€0["Ùee4 ·Lcâ=ÿvádái#íK %G®èááuj/¥Âeïlj~Kïr¥Røräÿct&ÓeÃW}¢BwF4¦+~o#¬Ï®Œ3óX õ|áj"8àDc:(]m/Äb¿ílÚIcà d~ñ Fã²=r&c=-ád*üÿ0m grç¨++?¸áW7T(|*;3…mÜ¥ wT$7m¦vdPMV‚I«>û¨üç¨êí¨éëëçE±}xby" jd h1˜ÉÔÕ88¾Çsó¶jnè=œ5_/1qGiáþŧ—×\ˆ0ÕÌúÙ¨3³VCåm> 2ä-E8òEnêÈñ/®zo&ºí|OjgÅI—B<°0Yšû¨£"gz)c ç+\FL{ìRBf Ë~¥@« dkcWe1^aÝŸ…ÙMfia¡‚®Òö<|î*ÃeÚ*YIà Ûî^‚hÄ_ÂN •žRš æ6-ãšI2–P4c (ÔL^”ûà œßäºéáC¹6T¬ä I*ÿ.ÒDݶ„Õźz÷ ¼ÊF©Å¿”)”Ø،ʥA_+éú »Nš›¿–i˜&zŽ¿šòÝ„¾ÃÈÝÆÂÓÚß쀋˜¥Z«j˜ÁžŒÚÞƒ'ÍOG ìëGŒ+š•Q [Á, ?‚ .ðŸa€º+hHhOüÒ Õvõ0ñíæãÛç (Nìûg»MP]‡óáQAê© yB1ÃëNXwk›ÍRUc§¤d,æcµbmæ&_Æ@´í17MD½¿;'dáØ°V,ö|Ч=(lùÍé,5`ô{ãå`Dl&EØ…{âÉñÒyèWtÂx瀵Ìubµá£²™‰RZ{,Ũ¾p;{’7kÏ|f›?wÄ0|ó¹Æ®ß"ˆxS À«_ÇjóŒô ©N`ãOµMÅ^1vD+øP=î(Ú ¹xýòfpýf¼*Þ ¸ÄCcÓéÑi.îI„ &‡*bDëñ1,¾¶5Ù/´¢ÖæÞ!Å« ?+â²-šG»8…]ÓU±Aø „Jj äuî¨ zÊ ².Y $À%ërY56ò‘9¾6,y‹nz@;‰S¬æ÷[5)ºœî5] ë8$°ßÝÉLÔjÄ0‘4–ær´C o would then be performed by whichever subcontractor the prime selected to team with on the overall project. 4. City bond funds would be escrowed with the State for payment to the prime contractor as the utility improvements are performed. 5. TxDOT or their consultant will take the lead role in deciding which utilities go in which locations. The City has already prepared the bulk of the schematic design on the water and sewer relocations, but the firm working for TxDOT would then decide where the franchise utilities would go either in the ROW utility accommodation zone or in a public easement furnished by the City for its utilities. In order for the City utility relocations to be included in the TxDOT project in a practical manner and in a form that would be most desirable from my standpoint, a number of items would have to be accomplished and/or clarified: 1. An interlocal agreement between TxDOT and Denton would have to be executed. 2. The mechanism for escrow of City funds with the State to pay for utility relocations would have to be worked out between the two entities. This process would also need to clarify how change orders would be handled during construction, both logistically and financially through the City approval process. 3. The assurance of bid balancing by the State, particularly on the utility front, would have to be further clarified. 4. The City's ability to inspecUapprove utility work would have to be established. This ability would have to extend to both field order and change order review, approval and funding as well. 5. Any possible procurement issues, if they exist, would need to be put to rest. 6. TxDOT standards would have to be adopted as they apply to plan/specification preparation process. TxDOT front-end documents will be utilized, so City technical specifications may have to be modified slightly to conform. TxDOT has consistently said that the utility providers, including the City, can opt out of the combined bid process. However, TxDOT has not moved their let date back from December 2005, making it all but impossible to clear all of the City's utilities in advance of TxDOT contractor mobilization and startup. In addition, TxDOT would like to move up their let date to at least September 2005 (probably placing construction startup in January 2006), further limiting the timeline available to the City for independent construction of utility improvements. It is not desirable from a staff viewpoint to have the City possibly placed in the position of causing a delay to the beginning of the Loop 288 construction. Engineering CIP staff have been discussing the possibility of various bidding alternatives and potential positive and negative impacts of a combined bid process with TxDOT. Those discussions have lead to the achievement of a higher comfort level on Engineering's part as to the potential for the positives to outweigh the negatives for the City in this combined project scenario. It is for these reasons and because of this increased optimism of the potential favorable outcome of this alternative that I recommend that the City move forward with the intent to include its utility relocations in the overall TxDOT pavement project. H:\TxDOT Relocates\Loop 288 RelocatesIAFAs\M-Coulter1.doc Exhibit 1 Page 3 of 3 CSJ: 2250-01-012,021 Project Name: LP 288 County: Denton Location: from US 380 to IH 35E THE STATE OF TEXAS ~ COUNTY OF TRAVIS ~ ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation ("State") and the City of Denton ("Utility"), WITN ESSETH WHEREAS, Transportation Code, Chapters 201,221,227 and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code S227.015, Transportation Code, S361.234 authorize the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, Texas Transportation Commission Minute Order Numbers 108410 & 109862 authorizes the State to undertake and complete a highway improvement generally described as: LP 288 CSJ: 2250-01-012, 021 ("Project"); and, WHEREAS, Utility possesses facilities that are affected by the abovementioned highway improvement, and Utility and the State agree that it is more economical and/or efficient for such relocation to be effected by including said contract in the State's highway construction contract; and, NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the State and Utility do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and Utility will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which are eligible for relocation reimbursements or for which Utility has requested and has agreed to pay for as described in Attachment A - Payment Provision and Work Responsibilities, which is attached to and made a part of this contract. In addition to identifying those items of work to be paid for by payments to the State, Attachment A - Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of Utility and will be carried out and completed by Utility, at no cost to the State. AFA - AFAUtility Page 1 of 7 Revised 8/17/04 EXHIBIT 2 CSJ: 2250-01-012,021 Project Name: LP 288 Article 3. Termination This agreement may be terminated in the following manner: . by mutual written agreement and consent of both parties . by either party upon the failure of the other party to fulfill the obligations set forth herein . by the State if it determines that the performance of the Project or utility work is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, Utility will be responsible for the payment of Project costs incurred by the State on behalf of Utility up to the time of termination. Article 4. Right of Access If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Utility will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties and Indemnity Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. To the extent permitted by law, Utility agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, maintenance or operation of the utility facility. Such indemnity includes but is not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between Utility and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and Utility each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. Article 9. Inspection and Conduct of Work AFA - AFAUtility Page 2 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 Unless otherwise specifically stated in Attachment A - Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Utility Accommodation Rules as set forth in 43 Texas Administrative Code S21.31 et. seq. adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 10. Maintenance Upon completion of the Project, Utility will assume responsibility for the maintenance of the completed utility facility unless otherwise specified in Attachment A to this agreement. Article 11. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Utility: Howard Martin, Assistant City Manager City of Denton 215 East McKinney Street Denton, TX 76201 State: Claud P. Elsom, III 2624 W. Prairie St. Denton, TX 76201 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 12. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 13. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE UTILITY have executed duplicate counterparts to effectuate this agreement. AFA - AFAUtility Page 3 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer FOR UTILITY Name By Date Typed or Printed Name and Title Howard Martin, Assistant City Manaqer City of Denton, Texas Attest: By Date AFA - AFAUtility Page 4 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 ATTACHMENT A Payment Provision and Work Responsibilities Description of the Work Items The parties agree that the existing water lines shall be relocated and adjustments shall be made along LP 288. The water line facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $1,454,000.00. The parties agree that it is their intent to complete the relocation improvements within this estimate of cost. Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law. All the costs associated with construction of the water line's items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility, which are attached to and made a part of this contract. Schedule of Payments Forty - Five (45) days prior to the date set for receipt of the Project construction bids, Utility shall remit its financial share for the Project's estimated utility construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvements is estimated to be $1,454,000.00. (See Attachment B - Estimated Utility Costs) In the event the State determines that additional funding is required by Utility at any time during the construction administration of the utility improvements, the State will notify Utility in writing. Utility will make payment to the State within thirty (30) days from receipt of the State's written notification. Upon completion of the Project and associated utility improvements, the State will perform an audit of the Project and utility improvement costs. In the event it is determined that the funding provided by Utility will be insufficient to cover the costs for the utility work outlined under this Agreement, the State will provide a written notice to Utility. Utility will make payment to the State within thirty (30) days from the receipt of the State's written notification. In the event the amount paid is more than the actual cost of Utility's share, as herein established, then the excess amount will be returned to Utility. Work Responsibilities The Utility shall provide the following services under this contract: . Responsible for engaging the services of a Texas Registered professional Engineer to prepare drawings and technical specifications for the water line's relocations and adjustments along LP 288. Utility will provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of TxDOT's Denton Area Office. . Secure all necessary permitting as may be required for the installation of the water lines. . Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of work not conforming to minimum requirements of the construction contract AFA - AFAUtility Page 5 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 documents, maintenance of the proposed water lines during construction, and the relocation of the water lines and connection of services to customers. . Advise the State of work that Utility determines should be corrected or rejected. . Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. . Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. . Assume all responsibility for the maintenance of the existing water lines during and upon completion of the construction contract. . Ensure all TCEQ and all other regulatory rules, regulations and laws are strictly adhered to. . Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for his concurrence. . Utility agrees that all construction activities performed by Utility's staff for the relocations and adjustments will be coordinated through the Project Engineer. The State shall provide the following services under this contract: . Combine the water lines relocation and adjustment plans with the plans being prepared for the Project. . Review and approve the final construction plans prior to any construction-related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. . Advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. . Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. . Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. . Conduct field observations and coordinate with Utility's inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. . Make timely payment to the contractor for work performed in connection with the Project. . Ensure access and permit Utility's inspectors and other authorized representatives to inspect the water line construction at all times. . Conduct and coordinate final inspection of the Project in the presence of Utility's Representative and/or Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. . Maintain job file. AFA - AFAUtility Page 6 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 ATTACHMENT B Estimated Utility Costs Based on various calculations, Following are those amounts due and payable for Utility District's costs associated with this project. Total Estimated Costs $1,454,000.00 Less Betterment Amount Due from Utility $ 0.00 Amount of total utility relocation Costs $1,454,000.00 Estimated Amount Eligible for Reimbursement (Calculated eligibility Ratio - 0 %) $0.00 Amount of Utility Adjustment Due from Utility $1,454,000.00 Estimated amount to be included in Construction Agreement A. Betterment $ 0.00 B. Utility Adjustment $1,454,000.00 GRAND TOTAL $1,454,000.00 Betterment Ratio Calculation Estimated Betterment Costs 1. ... 2. ... Betterment Calculation: Total Costs of Betterment (Estimated) Total Costs of Project (Estimated) $ 0.00 $ 1,454,000.00 Betterment Percentage for final cost determination: relocation o % of final cost of Determination of Betterment - Comparison of estimated cost to replace as is verses estimated costs associated with the betterment. Item A: Item B: ... AFA - AFAUtility Page 7 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 County: Denton Location: from US 380 to IH 35E THE STATE OF TEXAS ~ COUNTY OF TRAVIS ~ ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation ("State") and the City of Denton ("Utility"), WITN ESSETH WHEREAS, Transportation Code, Chapters 201,221,227 and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code S227.015, Transportation Code, S361.234 authorize the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, Texas Transportation Commission Minute Order Numbers 108410 & 109862 authorizes the State to undertake and complete a highway improvement generally described as: LP 288 CSJ: 2250-01-012, 021 ("Project"); and, WHEREAS, Utility possesses facilities that are affected by the abovementioned highway improvement, and Utility and the State agree that it is more economical and/or efficient for such relocation to be effected by including said contract in the State's highway construction contract; and, NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the State and Utility do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and Utility will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which are eligible for relocation reimbursements or for which Utility has requested and has agreed to pay for as described in Attachment A - Payment Provision and Work Responsibilities, which is attached to and made a part of this contract. In addition to identifying those items of work to be paid for by payments to the State, Attachment A - Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of Utility and will be carried out and completed by Utility, at no cost to the State. AFA - AFAUtility Page 1 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 Article 3. Termination This agreement may be terminated in the following manner: . by mutual written agreement and consent of both parties . by either party upon the failure of the other party to fulfill the obligations set forth herein . by the State if it determines that the performance of the Project or utility work is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, Utility will be responsible for the payment of Project costs incurred by the State on behalf of Utility up to the time of termination. Article 4. Right of Access If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Utility will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties and Indemnity Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. To the extent permitted by law, Utility agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, maintenance or operation of the utility facility. Such indemnity includes but is not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between Utility and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and Utility each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. Article 9. Inspection and Conduct of Work AFA - AFAUtility Page 2 of 7 Revised 8/17/04 DCiSB: 2 5Î-41,012,021 TrnjecÔ&Nald> MP 2B= Wooers ouherthpe!spegifie`olx stated*hm @ttaahmeu$A!- P‡xme|u#Psovirion5`md!Worj Rsrtoosibiit~dw,!to D#is:bjnurac’, tsd%SuateÎwilp!puqervhse Iog hnspgct Smn corkÖper]npmd vdreundeº ane pr§vidd suQXPTVXTWWRYW]ZTAIe( NI#L >5IEÃA5f+A Q8ETB *6 U øTrE"?¹I6N mplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the woFKÚ¤ýzJDy Æ¢:Qj³CèË D¡ƒuÉùæn öÄè³#öWdÅ=;ƒÇjÉû3îìP/u ‹À"Gø*?îQræAVHù Á>yANÓç«dÎü&¼ÂåŸ,çãpÇ =x‹3*!ÔøqtƒNBÂfà\‰Y‹NBÂDKÂèKDAOK†B¥~cAMPJt1`…,|°ù&$û²@ð«-*Ä0[âþ ]*€hÎ dU²Eù± ý±tZKà'ãeÕb‡Ä ¨ñ‰ôçZIzUU*@}/ˆ'$2õilH!dUÄkôDnNpž5ùò˜%’ÎæÂw>–$†‹÷™ÚˆÆ‰•ß¤ž‹šßž1›òå6‘œ€ž‹š›ß—šš–‘߆ߚ™š=>úðv3,¾¸ö(•< ñi+õœL¢Ô£NžÕÝ5-e£§øôßè_¤.µ—O} #Ê‹ºÑŠ´@¼uÃF¢ ]Ìï?Úœisµ‹âº»ü–šºŸ&èÏßÑ >9B—X¶^Vc«¨•ÚãÿÔ¤¡ÈœèŠYÉ•?‘+DÝ5’’…ݞ΋6ŸW9ÓÅöNwõßœ^â[^÷˜ø™½ë_e¢\z¯A*gæpPÄ_‰—Úòõ<²Ïš@.ã“R\¿C1òj§èõÖò·„ªÃƒŸ–ß,ã[Ýž˜„UŒòŠ «ÕJ b)·k“µh}Ž ÂW[x¦ˆ@ŒI.ÜÛÃn¥ºRî¿Å’,ŠØæÑh#tÅ’ýj"]héhFa@Ɇs/”¡ff"½9è_¶}GRæíž3“öŒdïu¸’Xá%äD´µ}ÍÕdB¢*”ÆÎC]c“X* ¥ ©Ur«Æ¢N¦* û–ÊAÞ‰@ÍÙXǵ°Wö·7÷Œ0¾ ´ ò¦¤+aƒw çË=Uj[ ý;¼Ö¸X¸6–Ñ’ÌÎÓ/†‹¼ÀÁ~û{ÃÿcšŒ›ÁË=!•2ôˆ´8ã7„“‘Ã÷]דӟ «Ý”€hL0°—\LÞÞ›’ͬ׋ÞÜš›¼µš/ŽœŽ%Ÿ«š'åÂ¥Öºúƒóšh_ŒO' ˜Ã¨š‘ÞMªc1äFçü™¹ijaóˆçûo·Q„ËPÒ =„Á{Ìð_—çÕ˜@J.’D˜òÓŽ~‘#‹z¨"¿qo’ÅŒâ´6Nd‰´> èŽÅH—Ñ…“Cˆ¢ÅÙÞÑ›™–ì'È©ªÎš–·cõ±‚…éå½Ø]Љ,²Î… ‘ck÷YÖr@LV¼ÍðÃĺç¢ÐRõ5?¾£ \”YºŽÑˆÿùâ]*uÔ–ÜšÌ Ë ÔL8”1Ȭ¡Ší£(󹳧…Óß«§Ÿ+æŸVК/ê/ÓÑšÍòõ¼õ$50<º|Çét+5¹võÍiÍ;ëå¨ °Úl9œ‹ùs·×ö|p,J4át js*4²m!»ƒ‚ß’«•rtb1b¼Ÿü° cŸ˜¦}™»ƒ„VœšãÞ°€Ÿ‹×š—É›Ù:ŸÍ¬$å(ˆ +Ú‘Î {6_÷ˆ•”¯Ýa"<§p0;¶qnÐ\¦ -(hd1*(Á‡sɯȚËÆȯ= ]z «ï.—Þ ¬6øË뺖/¬Ä$Žž——&TY?†T¬îåw7gæmÑ¥Ô9‹;ßÞtæëtE±f[Ÿ¸|jbèOW¯V*aÚ[WQg/ïß¹ËJc„£Â‹tä Á'ý¦ëÛڙ߽‹—Š ² t«É‡CM:F«’Z{w¢!Så£^Ð)zA#ŽöÑAedç]4µæ•‘貄š„Á+x¾ —øÌø,¥Ø"òÎœ’ìÄÉ»šaÔ#›õ™ŸŽš *ßB"ú ö‰ßœ]'!60™™ÛSû™¬ÑŸenVÎÕ¸¼é˜SÜÕÒñR™>š5/z ¸ß º’4Ó‘òÑÕÖ5òXõª¨ØCR`cßYÛÚAu¡5`cddä3(v@PŠh? ûòíÇd]XÊN r®g¯)ê+¹ _ÿ^5䇛ê9çd›”æ§GBb–%•\ã$ª¾øH,de# *væ¨|¸Ï¦€Ö3#6 “ ÿÒ†ÞÑ^K–*nÔØTIŒq1ÔÉdêçB*.ógœx¯%ç!þ…®£a¶“ö¡ê02i©»ó…Uóñ^ONæA dUú «êRÝÖ¢ ¬ŒY±Ë½ù†Ú‘ŸÚÀâ=†U1âðcÜÙ3¨ä†›¥5¶xIëµZ–J• q0 µ›%•“hÚAà“€»k¿ é€:ìHê›·‘Á¤—Éñ“dŠ×áîÚêcû×ÍÅÈ´¡»2N;‚¢R —2ÍŠpëb„kT{ˆF¸ž"¹1 ƒ+¹MÍù³æ$³8Ø’ßÇV’á}Öƒ—×ÕEÅŒŸ®À‘˜&±áKƒÕÿŠUûù–Éûîz̵ ’…l»…ë7Øw“m:é Ù‹\m/yÑÖ’‘¼ß+˜†~Â: •ê|¸Ë£…™c§í” <âÁ‰AÃù¸PÛž“Ã5Âúœ“‡© x‘aÖÚ0_l ‹ŸW&ˆe”ÏGÌw¸šžº b•Sù“f„ñGgIoÛŒÅ0YÕô…‰‘: ´Ø 5:X’[ïÚµsBª´ ¬²•Ê Ö¹À1u®ÄÇÓØ* ÙÔñL³§ v§¦|¸ggãTêO ˜¯ñZ{ý÷]@³¦¤·™{%3à8Í:2‹O„åXä;Ô·Ú:û©ïi·å‰[EÚF¸eÑáfv%ò#›3µ#0&¦¢y+{µ0öE¶q5ÌA±Úé\D:ó„¥>¶òýý>:'WÀ<ÁU_Á˜°ë¨<Rï¨Ûüéü¨åéñ…‚úíëêþíúlp8öFN{Fç‘ófô™œyå¢Y·“ù;x* HɆF"ŠÄbZÀ2) Ï Ë €np}Çͬ}4ò`‡æÖnºh¤ÀÇŠ3>ŒMx™A°y£Å”˜~¾hüUG¼GEîh[ò(¢Žê ©G ÖÆÐÙ»mãwä6ìé]p—i ó£ ?þ%•yÖ]#&ŠŸ0œ¾ZìAš+ÛÌ",,ߌƒ‹*›çraà=/Ü‘Ñ^àâJ×ö’ÁËÕ›GÚ¯îU:RßFâ–ÞŒ[ª¯—Ž‚ßÅ iõÈà-Žs÷²K¹±ç¢¬+²”Ñ™…ऺ…‚±9Ñ߃¢Ò+)¨´«¸Ÿgµ»ß ß Wk ÷ìgî§úÇ·‰Ùº‚šÆˆ;–Åž ,º›.Âb8*– ™ 2|ÅÊͶcÌÕ2Ú™Xl°% ´.®6×]†¸Ã¹Þ³ïVñš<ž…ò°`òQÓdfu+ð ÅWîrOW”Ùqý7‘ˆ JN!2µºÖÔmЧÊ/É ¡ CSJ: 2250-01-012,021 Project Name: LP 288 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer FOR UTILITY Name By Date Typed or Printed Name and Title Howard Martin, Assistant Citv Manaqer Citv of Denton, Texas Attest: By Date AFA - AFAUtility Page 4 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 ATTACHMENT A Payment Provision and Work Responsibilities Description of the Work Items The parties agree that the existing water lines shall be relocated and adjustments shall be made along LP 288. The water line facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $1,454.000.00. The parties agree that it is their intent to complete the relocation improvements within this estimate of cost. Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law. All the costs associated with construction of the water line's items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility, which are attached to and made a part of this contract. Schedule of Payments Forty - Five (45) days prior to the date set for receipt of the Project construction bids, Utility shall remit its financial share for the Project's estimated utility construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvements is estimated to be $1,454,000.00. (See Attachment B - Estimated Utility Costs) In the event the State determines that additional funding is required by Utility at any time during the construction administration of the utility improvements, the State will notify Utility in writing. Utility will make payment to the State within thirty (30) days from receipt of the State's written notification. Upon completion of the Project and associated utility improvements, the State will perform an audit of the Project and utility improvement costs. In the event it is determined that the funding provided by Utility will be insufficient to cover the costs for the utility work outlined under this Agreement, the State will provide a written notice to Utility. Utility will make payment to the State within thirty (30) days from the receipt of the State's written notification. In the event the amount paid is more than the actual cost of Utility's share, as herein established, then the excess amount will be returned to Utility. Work Responsibilities The Utility shall provide the following services under this contract: . Responsible for engaging the services of a Texas Registered professional Engineer to prepare drawings and technical specifications for the water line's relocations and adjustments along LP 288. Utility will provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of TxDOT's Denton Area Office. . Secure all necessary permitting as may be required for the installation of the water lines. · Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of work not conforming to minimum requirements of the construction contract AFA - AFAUtility Page 5 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 documents, maintenance of the proposed sewer lines during construction, and the relocation of the sewer lines and connection of services to customers. . Advise the State of work that Utility determines should be corrected or rejected. . Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. . Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. . Assume all responsibility for the maintenance of the existing sewer lines during and upon completion of the construction contract. . Ensure all TCEQ and all other regulatory rules, regulations and laws are strictly adhered to. . Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for his concurrence. . Utility agrees that all construction activities performed by Utility's staff for the relocations and adjustments will be coordinated through the Project Engineer. The State shall provide the following services under this contract: . Combine the sewer lines relocation and adjustment plans with the plans being prepared for the Project. . Review and approve the final construction plans prior to any construction-related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. . Advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. . Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. . Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. . Conduct field observations and coordinate with Utility's inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. . Make timely payment to the contractor for work performed in connection with the Project. . Ensure access and permit Utility's inspectors and other authorized representatives to inspect the sewer line construction at all times. . Conduct and coordinate final inspection of the Project in the presence of Utility's Representative and/or Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. . Maintain job file. AFA - AFAUtility Page 6 of 7 Revised 8/17/04 CSJ: 2250-01-012,021 Project Name: LP 288 ATTACHMENT B Estimated Utility Costs Based on various calculations, Following are those amounts due and payable for Utility District's costs associated with this project. Total Estimated Costs $1,390,000.00 Less Betterment Amount Due from Utility $ 0.00 Amount of total utility relocation Costs $1,390,000.00 Estimated Amount Eligible for Reimbursement (Calculated eligibility Ratio - 0 %) $0.00 Amount of Utility Adjustment Due from Utility $1,390,000.00 Estimated amount to be included in Construction Agreement A. Betterment $ 0.00 B. Utility Adjustment $1,390,000.00 GRAND TOTAL $1,390,000.00 Betterment Ratio Calculation Estimated Betterment Costs 1. ... 2. ... Betterment Calculation: Total Costs of Betterment (Estimated) Total Costs of Project (Estimated) $ 0.00 $ 1,390,000.00 Betterment Percentage for final cost determination: relocation o % of final cost of Determination of Betterment - Comparison of estimated cost to replace as is verses estimated costs associated with the betterment. Item A: Item B: ... AFA - AFAUtility Page 7 of 7 Revised 8/17/04 City of Denton 2006 - 2010 Capital Improvements Project a w 'Iter Uti\~ Project Title: Description: Business Unit: Project Type: Project Scope: Category Code: Utility Bonds Loop 288 Widening From Highway 380 to 1~35E Replace and relocate existing water line(s) on Loop 288 due to State Highway expansion of Loop 288. Expansion of Loop 288 ~ from Highway 380 to 1-35E. Line sizes are 30", 16", 12" and 8". 630200 Water-Distribution Replacement Multi-Year Project 038 STATE HIGHWAY RELOCATIONS Utility Bonds Tota': Project Tota':1 $1,145,223,00 I Comments: Purpose: Texas DOT widening of Loop 288 requires relocation of water lines to new location at City's expense. Friday, March 11, 1005 - -- - --- -- -------- Exhibit 3. 56 Page 28 of 47 .' . ,-::'-.::..:.- :'-:~:i-';;-<;-;";':"';"'c'L-~s::,_.;,~,.:::'~;l,:"~."'~-" ,-,': :-:w.i-~{;j~;:':"'-'~;';;~;~~~,:;,~;,A:i;~~:i!.=JN".~',ii3:~~:i~';~';.;o;i;;;;:';.;i;~..:~;.;:;, City of Denton 2006 - 2010 Capital Improvements Project Project Title: Loop 288 Widening from Highway 380 to 1.35E Replace and relocate existing wastewater mains on Loop 288 due to State Highway expansion of the Loop. Loop 288 widening from Highway 380 to 1-3SE. Description: Business Unit: Project Type: Project Scope: Category Code: Utility Bonds 640200 Wastewater- Collection Replacement Multi-Year Project 038 STATE HIGHWAY RELOCATIONS Utility Bonds Total: Project Total:1 $1,692,000.00 I Comments: Purpose: State will not allow Denton to have utilities under the length of the highway. Exhibit :3 Friday, March 11, 2005 108 Page 190[54 "'.c:'.;",.,-';'-o:";,--~J:.:j-:J.;:c,..~ :':2~.~-.!-7ti~:-~~-'ii&~:'::ii:-"::-~~_i:-,.:-~-~-;,..,;,:~",;,J,f.'-~--.;.~i.;~~,,~:~_..', ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ASSISTANT CITY MANAGER FOR UTILITIES TO EXECUTE TWO ADVANCE FUNDING AGREEMENTS FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the "Loop 288 Project" designated by the Texas Department of Transportation ("TXDOT") from U.S. Highway 380 to IH 35-E is ready to commence construction on the TXDOT highway improvement generally described as LP 288 CSJ: 2250-01- 012.021; provided that the City of Denton, Texas enters into two (2) agreements with TXDOT, which agreements provide for the water and the sewer improvements that need to be moved in order to complete the relocation of water and sewer facilities; and the City of Denton and TXDOT agree that it is more economical andlor efficient for their relocation to be effected by including the contract to relocate said water and sewer facilities in the TXDOT Highway Construction Contract; and WHEREAS, the first Advance Funding Agreement which is to be entered into by the City and TXDOT respecting the existing water lines that will, at all times, remain in the ownership of the City of Denton, provides that certain water facilities shall be relocated and adjusted along the route of the Loop 288 Project; the estimated amount of this Advanced Funding Contract is in the sum of $1,454,000 (and the appended Standard Utility Agreement, Utility Joint Use Agreement, andlor the Agreement to Contribute Funds, which constitute a part of the Advance Funding Agreement); and WHEREAS, the second Advance Funding Agreement which is to be entered into by the City and TXDOT respecting the existing sewer lines that will, at all times, remain in the ownership of the City of Denton, provides that certain sewer facilities shall be relocated and adjusted along the route of the Loop 288 Project; the estimated amount of this second Advanced Funding Agreement is in the sum of $1,390,000 (and the appended Standard Utility Agreement, Utility Joint Use Agreement andlor the Agreement to Contribute Funds, which constitute a part of the second Advance Funding Agreement); and WHEREAS, the two said Agreements provide for the Actual Cost Agreement; the Schedule of Payments for the City of Denton, subject to final audit; and the Work Responsibilities of the City and of TXDOT regarding the Loop 288 Proj ect; and WHEREAS, the City Council having considered the two Advanced Funding Agreements that are required by TXDOT, and considering the importance of the Loop 288 Project to the citizens of Denton, Texas, is of the opinion that it should approve the two above-referenced Advanced Funding Agreements by and between the City and TXDOT; NOW THEREFORE 1 EXHIBIT 4 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council authorizes and in all things approves the execution of the two Advanced Funding Agreements by and between the City of Denton and TXDOT by Howard Martin, Assistant City Manager for Utilities; copies of the two Advanced Funding Agreements are attached hereto as Exhibits "A" and "B" hereto and are incorporated by reference herein; said first Agreement being in the amount of $1,454.000 as to water facilities, being Exhibit "A"; the second Agreement being in the amount of $1,390,000 as to sewer facilities, being Exhibit "B." SECTION 2. That the City Manager is hereby authorized by the City Council to expend all funds and to make such payments as are necessary under the two Advanced Funding Agreements that are attached hereto and incorporated herein by reference. 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY WtJiMffD By: 8:IOur DocumentslOrdinanceslOSITXDOT-Advanced Funding Agreements-Loop 288 Project-200S.doc 2 HANDOUT TO COUNCIL 10 I tI-/ of) DRAFT Parks, Recreation and Beautification Board Minutes October 3, 2005 Members present: Jo Kuhn, Geri Aschenbrenner, Patrice Lyke, and Reggie Heard. Members absent: Teresa Andress and Chuck Smith. Staff present: Janet Fitzgerald, Bob Tickner, Janie McLeod, John Whitmore and Emerson Vore\. Others present: Bill Coleman. Vice Chair Jo Kuhn called the meeting to order at 5:55 p.m. Approval of Minutes of September 12, 2005 - Minutes were accepted as distributed. ACTION ITEMS Request to Sell Alcoholic Beverages at Fuego Y Alma Event - Janet said that the Fuego Y Alma would be hosting its fifth annual Latino event in the Civic Center Park on October 8th. The committee has requested to sale alcohol at the event. She added there had been no security concerns at this event in the past. ACTION: Geri Aschenbrenner made a motion to approve Fuego Y Alma's request to sale alcohol in the Civic Center Park at their October 8, 2005, event. Reggie Heard seconded the motion and it was approved by a 4-0 vote. 1-35E Kendolph-Underwood Streets Triangle Area - Bob said that TXDOT plans to widen 1-35 to 10 lanes near the UNT area. Consultants are doing an environmental study and requested that Parks and Recreation Department confirm that the triangle of land is not a park or recreational land. The property had been maintained as a median and not park land. Staff received additional time to review the information. Staff reviewed new information from the City's ROW agent that the property had been dedicated to the City as a park. ACTION: A motion was made by Patrice Lyke to table the topic until more information could be provided. Reggie Heard seconded the motion and it was approved with a vote of 4-0. North Lakes Park Natural Gas Drilling Lease Extension - Bob said that in 2002, this two-year, off-site gas-drilling lease had been presented to the Park Board and approved. The Joint Resources Company drilling company has requested a one-year extension to the lease. The drilling company would pay the city $36,000 for the extension of one-year. ACTION: Geri Aschenbrenner made a motion to approve the extension of the lease. Reggie Heard seconded the motion and it was approved by a vote of 4-0. Denton Branch Rail Trail, Natural Gas Line Crossing at Mile Post 724.8. Bob said that NGG Gathering Company has requested the use of parkland in order to locate a natural gas pipeline across the Denton Branch Rail Trail at milepost 724.8 south of Brinker Road and north of Mayhill road. DRAFT Bob said that the line would be drilled under the trail and would not be seen from the trail. Bill Coleman said that the line would go 20 feet deep and would have 48 inches of dirt covering the line. Mr. Coleman assured the Board that there would be no impact on the water lines in the area. Bob informed the Board that the Water/Wastewater Department had outstanding concerns related to the decision of the gas line, and that NGG had committed to satisfy the Water Department's requirements. ACTION: Reggie Heard made a motion to approve the request to locate the gas pipeline across the trail with the condition that NGG work with the Water Department to resolve all issues and that there be no impact on the water lines. Geri Aschenbrenner seconded the motion and it was passed with a vote of 4-0. DISCUSSION ITEMS Denton Senior Center Behavior Policy - John said the Denton Senior Center has developed a behavior policy for the Senior Center after experiencing various incidents of inappropriate behavior by several visitors to the Center. Recent abuses of the restrooms, the computer lab, and misuse of senior resources by the public, primarily those under 50 years old, have prompted the development of these rules. John added that the guidelines were based on the Library guidelines. He said the guidelines would be posted throughout the center. He continued to say that the Senior Advisory Council has approved the guidelines. DIRECTOR'S REPORT Texas Workforce Commission Grant Application Update Day Care Programs - John said that the Texas Workforce Commission (TWC) representative has altered the process for the application and distribution of funding under the Day Care Grant Program. TWC will only distribute funding to certified childcare programs. John added that unfortunately, the areas of greatest need in the City do not qualify under these criteria. The preschool programs at Denia and Martin Luther King Jr. recreation centers may be the only qualified programs while the King Kids Day Kamp and the Owsley Summer Playground do not. Recognize George Caddell@ Water Work Park - Hold for future meeting. Project Status Report - There were no questions or comments. Keep Denton Beautiful - There were no questions or comments. Other Business - Several board members had not received their board packets in the mail. Janet commented that the packets were mailed on Wednesday. Since many members are not able to receive the information by email, it was suggested that the packets be distributed in another manner. The packets will be ready for members to be picked up at the PARD office on the Wednesdays before the meetings. If the packets have not been picked up by end of the day, staff will deliver the packets to the board members on Thursday. There being no other business, the meeting was adjourned at 6:31 p.m. HANDOUT TO COUNCIL 1014-\06" I 2 3 4 5 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR OCTOBER 3, 2005 9:00 A. M. DRAFT 6 7 8 9 10 II 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 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, October 3, 2005, 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, George Hopkins, Chari dean Newell, Dick Smith John Baines. EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. !Utilities Excused: Bill Cheek Phil Gallivan Charldean Newell, the Presiding Chair, opened the meeting at 9:00 a.m. and recommended that the items on the Consent Agenda be considered before entering into closed session. OPEN MEETING 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, staffs recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, or other matters to be brought before the Public Utilities Board to be considered and approved for payment or other action under Consent Agenda Items I through 5. 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) Page 1 of2 I taken up under the "Items For Individual Consideration" section of the agenda, set forth below. 2 The remaining Consent Agenda Items will be approved with one motion, a second, and by a 3 majority vote of the Public Utilities Board Members who are present. 4 5 I) Consider recommending approval of the unit prices in Bid No. 3365 and awarding a three- 6 year agreement for the purchase of electric distribution cables to Techline, Inc., Fort Worth, 7 Texas, in the estimated annual expenditure amount of$848,665. 8 9 2) Consider recommending approval of Bid No. 3387 and awarding an annual contract for the 10 purchase of corrugated metal pipe to Contech Construction Products, Inc, Irving, Texas; in 11 the estimated annual expenditure amount of $1 00,000. 12 13 3) Consider recommending approval of Bid No. 3388 and awarding a annual contract for the 14 purchase of electric rubber termination and separable goods and accessories for Denton 15 Municipal Electric; to Techline, Inc, Forth Worth, Texas; in the estimated annual expenditure 16 amount of $100,000. 17 18 4) Consider approval of two Advanced Funding Agreements ("AF A") by and between the City 19 of Denton, Texas and the Texas Department of Transportation ("TXDOT") for the 20 construction of water and sanitary sewer utility relocations in conjunction with the Loop 288 21 widening project. 22 23 5) Consider recommendation of approval of a water line oversize participation agreement by 24 and between the City of Denton, Texas and Granite Properties, Granite Point Phase I 25 Development for an amount not to exceed $42,790.80. 26 27 Consent Agenda Item Number 4 was pulled to be reviewed under Items for Individual 28 Consideration. Consent Agenda Item Number 5 was pulled and will be considered at a 29 future meeting. 30 31 Board Member George Hopkins moved to approve Consent Agenda Items 1,2 and 3, with 32 a second from Board Member Bob Bland. The motion was approved by a vote of 5-0. 33 Page 2 of2