HomeMy WebLinkAboutDecember 6, 2005 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
December 6, 2005
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, December 6, 2005 at 4:30 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. Receive a report, hold a discussion and give staff direction regarding Collection Services
Request for Proposals for Municipal Court.
2. Receive a report, hold a discussion and give staff direction regarding Small Cities
Emergency Medical Services (EMS) Interlocal agreements and Fire and EMS agreements
with Denton County.
3. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of December 6,2005.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 9551.071.
1. Consider and discuss status of litigation styled Denton Firefighters Relief
& Retirement Fund v. City of Denton, Cause No. 2005-30380-211,
currently pending in the 21lth District Court of Denton County, Texas.
2. Receive, discuss, and give staff direction regarding, a briefing from the
City's attorneys relating to new legislation (HB 304), including legal
advice relating to the City's duties and obligations under these laws and
strategies for implementation, as well as legal advice specific to the
petition for recognition recently filed by the Denton Police Association.
3. Consultation with the City's attorneys regarding legal issues associated
with annexation of real property in the City's northern ETJ, under
annexation case no. A05-0002, along with other legal issues related to the
annexation, including zoning, land use and subdivision controls,
annexation plans, development agreements, annexation agreements,
service plans, utility service, and legal issues implicated by alternative
proposals advanced by individuals owning property within the proposed
annexation area. A public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas or
would jeopardize the City's legal position in any administrative
proceedings or potential litigation.
City of Denton City Council Agenda
December 6, 2005
Page 2
B. Personnel Matters - Under Texas Government Code 9551.074.
1. Deliberate the evaluation, employment, reassignment, and appointment of
an Interim City Manager and future City Manager.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF 9551.086 OF THE TEXAS
GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, 9551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION 9551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, December 6,2005 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
1. Proclamation for PeterbiltIP ACCAR Day
B. Recognition of staff accomplishments
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - N). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - N below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
City of Denton City Council Agenda
December 6, 2005
Page 3
A. Consider approval of a resolution to declare intent to reimburse expenditures from
the Motor Pool with Certificates of Obligation so that vehicles approved in the
2005-06 Budget, more fully described in the attachment to this Resolution, may
be purchased; and providing an effective date.
B. Consider adoption of an ordinance authorizing the City Manager of the City of
Denton, Texas to execute a Local Participation Advanced Funding Agreement for
an off-system project related to the implementation of the proposed pedestrian
improvements through Unicorn Lake/Sundown Ranch Project in the City of
Denton; authorizing the expenditure of funds therefor; and providing an effective
date.
C. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order with the Houston-Galveston
Area Council of Governments (HGAC) for the acquisition of four 2006 Ford
Expeditions for the City of Denton Police Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3418 -
Interlocal Agreement for Four 2006 Ford Expeditions with HGAC awarded to
Philpott Ford in the amount of $94,264).
D. Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Agreement with Tarrant County and awarding a contract for the
purchase of eleven police sedans; providing for the expenditure of funds therefor;
and providing an effective date (File 3423 - Interlocal Agreement for Police
Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount
of $257,073.85).
E. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of
Promotional Commercials from Comcast Advertising, Denton, Texas, pertaining
to Denton Municipal Electric, which are available from only one source in
accordance with the pertinent provisions of Chapter 252 of the Texas Local
Government Code exempting such purchases from the requirements of
competitive bidding; and providing an effective date (File 3434 - Comcast
Advertising in the amount of $48,360). The Public Utility Board recommends
approval (5-0).
F. Consider adoption of an ordinance awarding an annual contract for the purchase
of a CASE 590 Loader/Backhoe for the City of Denton Street Department, as
awarded by the State of Texas Building and Procurement Commission; providing
for the expenditure of funds therefor; and providing an effective date (File 3424 to
Future Equipment in the amount of $74,333).
G.
Consider approval of tax refunds for the following property taxes:
Tax
Year
Name
Reason
Amount
City of Denton City Council Agenda
December 6, 2005
Page 4
Name
Reason
Tax
Amount
Year
2004 $1,046.80
2. Denton Loop 288 LP
DCAD Supplemental
Change
4. Washington Mutual/Mills,
Donald & Amber
Overpayment
2003 $ 642.86
6. Corral Group Inc
DCAD Supplemental
Change
2003 $ 620.82
H. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Ambulance Agreement between
the City of Denton and Denton County for ambulance services; and declaring an
effective date.
I. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Fire Protection agreement between
the City of Denton and Denton County for fire protection services; and declaring
an effective date.
1. Consider adoption of an ordinance approving an Interlocal Ambulance Agreement
between the City of Denton and the City of Sanger for ambulance services; and
declaring an effective date.
K. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton Festival Foundation
to support the 2006 Arts and Jazzfest; providing for the expenditure of funds
therefor; and providing for an effective date.
L. Consider approval of the minutes of:
September 6, 2005
September 7, 2005
September 13, 2005
September 20, 2005
October 3, 2005
October 4, 2005
M. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a professional services agreement with Fletcher &
Springer, LLP, for professional legal services relating to litigation styled Denton
Firefighters Relief & Retirement Fund v. City of Denton, Cause No. 2005-30380-
211, currently pending in the 211th District Court of Denton County, Texas;
authorizing the expenditure of funds not exceeding thirty-five thousand dollars
($35,000) therefor; and providing an effective date
City of Denton City Council Agenda
December 6, 2005
Page 5
N. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a contract for professional legal services with Terry
Morgan & Associates, P.C., for professional legal services relating to issues and
anticipated litigation surrounding the annexation in the northern part of the City of
Denton; authorizing the expenditure of funds not exceeding thirty thousand
dollars ($30,000) therefor; and providing an effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding an
Alternative Development Plan for a financial institution development on
approximately 0.828 acres. The subject property is generally located on the
southeast corner of Wind River Lane and Unicorn Lake Blvd. intersection. The
property is located in a Regional Center Commercial Downtown (RCC-D) zoning
district. The purpose of the Alternative Development Plan is to deviate from the
requirements of Subchapter 13 of the Development Code. The Planning and
Zoning Commission recommends approval (7-0). (ADP05-0007, Washington
Federal Savings)
B. Hold a public hearing and consider adoption of an ordinance regarding an
Alternative Development Plan for a proposed retail and office development on
approximately 25 acres. The subject property is generally located on the
northwest corner of University Drive and Old North Road intersection. The
property is located in a Neighborhood Residential Mixed Use (NRMU) zoning
district and Commercial Mixed Use General (CM-G) zoning district. The purpose
of the Alternative Development Plan is to deviate from the requirements of
Subchapter 13 of the Development Code. The Planning and Zoning Commission
recommends approval with conditions (7-0). (ADP05-0008, The Shops at Old
North)
C. Hold a public hearing and consider adoption of an ordinance regarding
amendments to the Denton Development Code of Ordinances of the City of
Denton, Texas related to tree canopy requirements in the Industrial Center (IC-E)
and Industrial Center General (IC-G) zoning districts. The Planning and Zoning
Commission recommends approval (6-0). (DCA 05-0009, Amendment to Tree
Canopy Requirements)
D. Hold a public hearing and consider adoption of an ordinance concerning the
rezoning of approximately 2.85 acres from a Planned Development-139 (PD-139)
zoning district to Neighborhood Residential Mixed Use (NRMU) district. The
property is generally located on the south si de of Vintage and 1,700 feet west of
Bonnie Brae. The Planning and Zoning Commission recommends approval (6-
0). (Z05-0023, Denton Fire Station #7)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution of the City Council of the City of Denton,
Texas, replacing a policy for tax abatement for the City of Denton to establish
guidelines and criteria governing tax abatement agreements; and declaring an
effective date. Economic Development Partnership Board recommends approval
(4-0).
City of Denton City Council Agenda
December 6, 2005
Page 6
B. Consider adoption of an ordinance providing for the appointment of an interim
City Manager; and providing an effective date.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Denton.
D. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
E. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
G. 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:
December 6,2005
DEPARTMENT:
Fiscal Operations/Court Clerks Office
ACM:
Jon Fortune
"
SUBJECT
Receive a report, hold a discussion and give staff direction regarding Collection Services
Request for Proposals for the Municipal Court.
BACKGROUND
Currently, Denton Municipal Court cases that remain unresolved after an appropriate period of
time as determined by the Court, are processed for a warrant of arrest. These warrants are then
delivered to the Denton Police Department in order to allow the Warrant Division to "encourage"
defendants to resolve the cases without the necessity of arrest. The Warrant Division attempts to
collect on these unresolved cases by phone contact, as well as correspondence, warning the
defendant of the possibility of arrest. Ultimately, many defendants who allow their cases to
remain unresolved are arrested pursuant to warrant. At least quarterly, the Police Department
holds additional "warrant round-ups". During these "roundups", the police department focuses
on outstanding cases with local addresses by employing even more intensive techniques. These
techniques include multiple or successive appearances at the defendant's home or office with a
warrant in hand, and increased phone contact and correspondence. Defendants, both resident and
nonresident alike, remain subject to arrest after routine traffic stops or other police contacts by
police agencies within the north Texas region. Arrests by other agencies are facilitated by way
of a regional electronic database available to all state law enforcement agencies.
In addition to the warrant process identified above, the City of Denton has employed the service
of a collection agency, as allowed by law, for the purpose of collecting amounts due to the City.
The use of a collection agency was in addition to the Courts normal in-house collection efforts
and warrant processes. However, the collection agency services as utilized in the past have been
subject to a number oflegal and financial constraints.
Historically, collection agencies derive their payment by retaining a portion of the funds due and
collected as their fee for services rendered. Thus, in the context of collection of City fines due,
any percentage or fees char~ed by an outside vendor were deducted by the vendor prior to
payment to the City. The 78t Session of the Texas Legislature amended Article 103.0031 of the
Code of Criminal Procedure to allow a private attorney, law firm or public or private vendor to
contract with cities for collection services. More importantly, this amendment authorized the
city to enact an ordinance allowing the city to assess and collect an additional 30% of the amount
due as a fee for payment for the vendor's services. This additional 30% of the total due is an
amount over and above the original amount owed. Based on the enabling statute, cases that are
more than 60 days past due can be referred to a vendor for collection. An ordinance for this
purpose was passed by the City of Denton, in conformity with the amendment in the form of City
Ordinance 2001-295.
As a matter of course, Court staff periodically reviews the Court's processes to determine
efficiency and productivity. Based on our current assessment, the Court might be able to
improve its' percentage of collection of unpaid fines to an even greater degree than by use of
warrant process or the previous collection agreement alone. A greater degree of compliance
might be better achieved by taking advantage of the changes provided under Art. 103.0031 of the
Texas Code of Criminal Procedure.
The older collections agreement was initiated according to the collections provisions existing
under law at the time of the initial agreement. Thus, the older collections contract did not allow
for the assessment of an additional 30% fee in addition to the fines and costs originally levied by
the Court.
The older collections agreement required the expenditure of a substantial amount of
administrative resources. A limited number of clerks were required to pull outstanding warrants,
record information, coordinate the exchange of data to the collection agency and receive
payment information from the collection agency. Based on the prior agreement, it was felt that
the limited improvement in the rate of recovery offset the benefits received. Under a new
contract, this disadvantage might not be as great. While the amendments to the statutes alleviate
the monetary loss from the City's portion of the amount collected, it must be understood that the
implementation of a new collections contract will still require the reallocation of limited
resources in the form of clerk work hours. In issuing a Request for Proposal (RFP) for a
collections contract, the City might better be able to dictate the method and manner of the
exchange of information by requiring certain protocol be followed. In this way, the City might
be able to minimize this possible loss of productivity.
Additionally, under the old agreement, the City had an obligation to pay the collection agency
vendor an amount equal to 25% of the funds recovered as payment for its services. As provided
under the amendment to the statute, this payment of a percentage of funds originally due to the
City will no longer be an issue for reasons stated above.
The Court has in fact greatly increased the speed and efficiency of the warrant process over the
last three years. For years, unpaid fines due were turned over to collection after the Denton
Police Department Warrant Division had attempted to "work" the warrant for a period of time.
For a time, the cases were maintained and "worked" as warrants for a period of six months prior
to assignment to the collection agency. Over time, and as collection percentages on warrants
recovered by the Warrant Division continued to improve, the period of time the cases were
"worked" stretched to one year. In early 2003, the Warrant Division asked for a period of two
years to resolve warrants before the cases were sent to the collection agency. This was done so
as to maximize the percentage of recovery with what is one of the Court's greatest tools for
collection, a warrant of arrest. Additionally, the state database required that any warrants that
remained unserved after a period of two years be removed from the regional system.
The Court continued to make significant strides in efficiency related to the warrant process. At
the same time the Warrant Division's clearance rate also continued to improve. In fiscal year
2002-2003 it increased from 61 % to 82%. In fiscal year 2003-2004 the rate was down slightly
to 73%, but once again rose to 82% in fiscal year 2004-2005. This increase in performance by
the warrant process and Police Department was roughly equivalent to the results of our previous
collection agency agreement of approximately 21 %.
In addition to the legal changes that have occurred, within the last few years the Court has been
able to begin implementation of a comprehensive computer and electronic data storage system
that may alleviate some of the administrative, logistical and communication related issues which
existed previously.
Due to the changes in the law, as well as advancements in court technology, a contract for the
collection of fines due to the City may now enhance the City's ability to collect and resolve an
even greater number of uncollected cases. An area where the City has only limited capabilities is
that of "skip tracing." Typically, the skip tracing capabilities of collection vendors are even
better than local law enforcement.
Additionally, the Office of Court Administration for the State of Texas has recommended that all
courts utilize additional resources for collection of fines. One of these resources is outside
collection agencies. By the year 2010, the choice will no longer be the Denton Municipal
Court's, as we will be required to formulate a collection plan subject to the approval of the
Office of Court Administration.
A court survey of twelve local municipal courts revealed that of those twelve cities, seven
currently utilize some type of outside agency for collection.
As the percentage of retention of funds due to the City as payment for services rendered is no
longer an issue, the selection of a vendor through the bid process will better identify the vendor
who can offer the best product to the City. In this way, the City can identify the criteria that best
suits the needs of the City. The criteria for selection should include:
agencyexpenence;
guaranteed collection percentages;
specific procedures for collection;
computer automation and communication;
adaptability to the City's current computer system; and
processes for administrative reporting to the City.
FISCAL INFORMATION
The Municipal Court has approximately 5,000 cases with active warrants, unpaid fines, debts,
and accounts receivable, which are collectible under Article 103.0031 of the Code of Criminal
Procedure. 2,000 of these cases have been adjudicated. Approximately $500,000 is due the City
from those judgments. Only adjudicated cases are considered to be receivables for accounting
purposes. The remaining 3,000 warrants are cases in which defendants failed to appear in Court
and there are no judgments on these cases.
In fiscal year 2004-2005 warrants served by the Warrant Division yielded an average of $190 per
warrant resolved. Over a five-year period the old collection agency averaged $80,000 per year,
$28,000 of that was State surcharges that are sent to the Comptroller. The remaining $52,000
could be used for general fund purposes.
Re~ ectfully sUbmitta.,e,d::. '
.II'.J i
I! ~.-, ^ , .,
Diana Ortiz
Chief Financial Officer
CITY OF DENTON
REQUEST FOR PROPOSAL 3298
CONTRACT FOR COLLECTION SERVICES
I. INFORMA TION FOR CONTRACTOR
A. Purpose
The purpose of this document is to solicit Proposals to collect on warrants and
such other Municipal Court unpaid fines, debts, and accounts receivable, which
are collectible under Article 103.0031 of the Code of Criminal Procedure, that the
City of Denton, Texas, hereinafter referred to as "City," may refer for collection
on cases filed in the Denton Municipal Court.
The private attorney law firm or public or private vendor (Contractor) submitting
the successful Proposal must clearly demonstrate its ability to provide immediate
and consistent efforts in collections and provide a timely return of the dollars
collected.
B. Proposal Submission
One original and three copies of the Proposal(s) should be submitted in a sealed
envelope bearing the name and address of the respondent in accordance with
Section V "Submission of Proposals." Once submitted, Proposals become the
property of the City. A duly authorized official of the Contractor's organization
must sign the proposals.
C. Proposal Section
The Proposal contains five sections.
SECTION I - INFORMATION FOR CONTRACTOR
SECTION II - COLLECTIONS SERVICES
SECTION III - METHOD OF AWARD
SECTION IV - INFORMATION TO BE PROVIDED BY THE CONTRACTOR
SECTION V - SUBMISSION OF PROPOSALS
Page 1 of 20
II. COLLECTION SERVICES
A. Purpose
The purpose of this document is to solicit Proposals to collect on warrants and
such other Municipal Court unpaid fines, debts, and accounts receivable which
are collectible under Article 103.0031 of the Code of Criminal Procedure that the
City may refer for collections.
The objective of the Proposal process is to obtain the collection services of a
Contractor, who will provide immediate and consistent efforts in collections and a
timely return of the maximum dollars by reimbursement on each case or warrant
collected.
B. Background
Article 103.0031 of the Code of Criminal Procedure authorizes the City to
contract with a private attorney or a public or private vendor for the provision of
collection services. The City Council of Denton has authorized the addition of a
collection fee in the amount of30 percent of the total amount due to be charged to
the defendant for a collection fee on any amount that is more than 60 days past
due and that has been referred to the Contractor for collection.
The Municipal Court is responsible for the adjudication of Class C Misdemeanor
violations (within the corporate City limits) provided by State Law and City
Ordinances. The Court processed 47,126 cases in Fiscal 2004-2005. Of these
cases 11,516 were issued warrants. The average of bond/fine amounts on cases
was $290.00. The Denton Police Department Warrant Division served 9,463
warrants, 82% of the total issued, during the same period. The number of warrants
that resulted in payment of the fine was 4,357. The number of warrants that were
served resulting in non-cash disposition was 4,586. The vast majority of persons
for which warrants are issued have resident addresses within Denton or the
Dallas/Fort Worth Metroplex. Approximately two percent of the warrant holder's
addresses are out of State.
C. Nature of Services Required
1. The Court will provide files electronically to the Contractor of those
persons having outstanding City Municipal Court cases. This information
can include, but is not limited to the following:
Person's name, personal identifiers and driver license number, last
known residential address, last known telephone number, citation
number, alleged offense committed, offense date, amount of fine,
amount paid (if any), amount due, and if applicable, date of
warrant and warrant number and amount of fine/bond.
Page 2 of20
City will provide current file layouts. Electronic transfer of data must
include the Contractor having a PC that enables the City to email an
attachment or to a secure FTP file via the Internet. Contractor must be
able to receive and return files back and forth between City and
Contractor.
It will be the Contractor's responsibility to assure compatibility of City's
data files and transmittal medium to the Contractors computer system.
The Contractor shall bear all costs, if necessary, for data conversion to
make the City's computer system compatible with that of the Contractor's
and any incidental costs related to the data transfer.
2. The City will send various outstanding cases to the Contractor for
collection services on a monthly basis and may refer other unpaid
amounts. These cases, warrants, and other unpaid amounts consist of the
following types:
Outstanding Cases - These cases are violations outstanding on class C
misdemeanors for traffic, non-traffic, and parking violations that
occurred in the incorporated city limits, including City Ordinance
violations;
b. Active Capias Pro Fine Warrants - These are warrants in which a
judgment has been entered assessing a sum owed by the defendant
in order to discharge the defendant from liability and the defendant
is subject to immediate arrest;
c. Active Alias Warrants - These are warrants in which no judgment
has been entered assessing any sums due from the defendant in the
case, but the defendant is subject to immediate arrest to answer for
the pending criminal charge;
d. Capias Pro Fine Cases - These are cases in which a judgment has
been entered assessing a sum owed by the defendant in the case to
be paid in order to discharge the defendant from liability, but the
defendant is not subject to immediate arrest.
e. At the City's sole option any other unpaid fines, debts, and
accounts receivable which are collectable under Section 103.0031
of the Code of Criminal Procedure.
3. The City will supply the Contractor with two separate listings. They shall
be known as the HISTORY FILE, the, and the NEW WARRANT FILE.
Page 3 of20
a. The History File shall be provided one time only. This file will
contain the entire backlog of active warrants previously worked by
the City's Warrant Division. The approximate number of
outstanding cases is 5000.
b. The New Warrant File shall be sent on a monthly basis and shall
contain warrants that were processed for six months by the Denton
Police Department. The approximate number of new warrants sent
to the Denton Police Department Warrant Division each month is
700.
4. Contractor agrees to perform the following:
a. Contractor will develop a series of contacts with the defendant that
do not violate the defendant's statutory and constitutional rights.
b. Contractor will attempt to contact the defendant named in any case
or warrant submitted for collection service at least six (6) times in
a 180-day period through a rotating telephone and letter cycle.
Voice/telephone contact attempts shall be limited to between the
hours of 8:00 AM. and 9:00 P.M., Monday through Saturday. No
Sunday contacts will be attempted.
c. Contractor will submit transcripts of telephone contacts and
written communications for approval by the City for collection
services. The Contractor shall pay all associated costs with the
telephone contact and written communications.
d. Contractor will instruct all defendants to forward no monies
directly to the City Municipal Court. Should the Court receive a
payment from a defendant, the Court shall forward payment
directly to the Contractor in the form of the original negotiable
instrument received.
e. Contractor will send an acknowledgment (approved by the City) of
receipt of payment on the City's behalf to all named defendants in
cases and warrants which are collected by payment of sums owed.
f. The Contractor shall make no contacts in person to the defendant.
g. The City may recall at any time from Contractor a case previously
referred to Contractor for collection efforts, when in the opinion of
the City, the best interest of the City will be served by recalling the
case and/or warrant. Contractor will return information on cases
submitted for collection services including information developed
by the Contractor regarding the defendant or his whereabouts.
Page 4of20
h. Contractor shall use due diligence, reasonable and ethical methods,
and employ lawful means to effect collection on the City's
outstanding cases.
1. Contractor will guarantee that every defendant will be dealt with in
a professional, courteous manner.
J. Contractor will guarantee that a full-time customer service
representative will be assigned to the City and available to address
day-to-day issues.
k. Contractor will guarantee that a management-level staff member
will be available to meet with City staff on 24-hour notice.
I. Contractor will send to the City only the monies that are due the
City. City will not collect nor distribute the collection fee.
m. Contractor shall have on its staff attorneys, accountants, auditors,
or other recognized professionals who shall substantially be
involved in the collection efforts.
5. Additional written and/or telephone contacts may be made at the choice of
the Contractor within the hours stipulated above.
6. To the extent allowed by law, all information supplied by the City to the
Contractor shall be kept confidential and not disclosed to parties other
than the Contractor's employees on a need-to-know basis for the purpose
of contract performance and to the defendant or the person answering the
phone of defendant's residence.
7. Both the City and the Contractor will jointly review the appropriate cases
for which payment is due to the City on a monthly basis.
a. Contractor will not receive compensation for cases and warrants
disposed of in which the City does not receive any payments,
defendant's credit for sums owed by jail time credit, community
service, dismissal of any case or if defendant is found not guilty, or
for which no money is actually received by the Court or situations
in which cases or warrants are disposed of by way of arrest.
b. Total collection fees received by the Contractor will not exceed the
percentage as specified in the controlling State Statute.
c. The City shall not be liable under the contract for any services
which are unsatisfactory or which the City has not approved.
Page 5 of 20
d. Contractor will not be entitled to reimbursement for expenses
incurred under the Contract.
Contract: The Contractor will enter into a collection services contract
with the City for a contract term of _ years substantially in the form
attached which will provide, without limitation, an indemnity clause
substantially to the effect that the Contractor shall covenant and agree to
indemnify, hold harmless and defend, at its own expense, City, its officers,
servants and employees, from and against any and all claims or suits for
property loss or damage and/or personal injury, including death, to any
and all persons, of whatsoever kind or character, whether real or asserted,
arising out of the work and services to be performed hereunder by
Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged
negligence of the officers, servants, employees, of the City. The
Contractor shall also have and keep in full force and effect a professional
liability insurance policy with limits of not less than $1,000,000 annual
aggregate 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 the Best Rated Companies at least A- or above.
III. METHOD OF AWARD
The awarding of the contract will be to the Proposal that provides the service at
the Best Value basis to the City based upon the factors listed below:
1. Contractor Qualifications
a. Experience in the required area of collections (minimum of 5 years)
b. Experience in the number of Texas courts (minimum of 10 with at least
3 of those courts having similar volume to Denton)
c. Experience and performance results from other Texas Municipal Courts
for whom vendor has been doing business with for at least 24 months
d. Experience in receiving /transmitting data electronically
e. Experience and performance results in conducting an Amnesty and/or
Warrant Round-Up Programs
f. Experience and stability of key staff
2. Fee Structure
a. Commission rate for services on all new cases
b. Guaranteed percentage rate for resolution of all cases referred to
Contractor
3. Collection Procedures
Page 6 of20
a. Collection techniques utilized including procedures for letter sending
and telephone calls
b. Implementation work plan, timetable and rate of recovery
c. Customer Service Methodology of contacts and notices - handling
customers' questions/problems
d. Handling of non-English speaking customers
e. Adequacy and sophistication of telephone resources
f. Examples of collection letters and telephone scripts
4. Computer Network
a. Adequacy and sophistication of data processing resources
b. Proposed methodology and procedures for data transfer to/from City
database
c. On-line inquiry capabilities
d. Record retention capabilities
5. Management Reports
a. Reports provided to the City
b. Flexibility in meeting City's reporting needs
c. Responses to auditor inquiries and confirmation requests
6. Vendors Past Relationship with the City
IV. INFORMA TION TO BE PROVIDED BY CONTRACTOR
In order to simplify the review process and obtain the maximum degree of comparison,
Proposals are to be outlined in the manner described below. Be specific about the
agency's collection expertise in the sections that follow.
1. Contractor Qualifications
a. Contractor submitting a response to Proposal should be in business, relevant
to the service the City is seeking, a minimum of 5 years for collections.
b. List references from current and previous clients in the Texas courts.
c. List references of Contractors Texas Municipal Courts for whom vendor has
been doing business with for at least 24 months.
d. State the Contractor's experience with electronic data transfers.
e. State the Contractor's case or warrant collection experience and as it applies to
the Collection of outstanding capias pro fine warrant cases. State any other
relevant experience referenced in IV (1) Contractor Qualification.
Specifically list other public sector and utility clients that the Contractor has
represented in the past five years and include what type of collections was
carried out for them. Separate clients by a) Texas Municipal Courts, and b)
Texas County Courts.
Page 7of20
f. State the location of the office as well as the number of professional staff
employed at that office that will have primary responsibility for the service.
g. Identify one or more members of Contractor's staff who will be substantially
involved in the collection process who are attorneys, accountants, auditors or
from other recognized professions.
2. Collection Procedures
a. Provide a summary of collection activities proposed to collect the City's
outstanding cases and warrants.
b. Provide a statement and methodology as to the expected rate of recovery and a
specific timetable work plan.
c. State the Contractor's methodology for handling customer
questions/problems.
d. State the Contractor's methodology for handling non-English speaking
customers.
e. Describe the telephone resources available
f. Provide examples of correspondence and telephone script that will be used for
collecting delinquent fines.
3. Computer Network
a. State a brief description of the computer system used and its update
capabilities.
b. Identify the form and frequency of electronic data transfers both to and from
the Contractor.
c. State whether terminal access will be made available to the City for on-line
mqmry .
d. Describe the Contractor's ability to maintain records of placements,
collections, recovery and producing reports, and billing for an unlimited
number of clients and delinquent persons, and describe back-up capabilities
4. Management Reports
It is agreed that the Contractor shall maintain and make available for inspection,
audit and/or reproduction by authorized representatives of the City or any external
auditor representing the City, the books, documents, and other relevant
information pertaining to the collections carried out for the City and the expenses
of this contract. The Contractor should acknowledge the need for a cooperative
effort and open communication between the Contractor and the City. In this
regard, the frequency of reporting and the content of data transmitted to the City
should be identified.
a. Provide examples of reports used to document collection results. Provide
examples of reports used to track cases verified for financial responsibility.
b. Describe reporting flexibility
c. Frequency of reporting and the content of data transmitted to the City
Page 8of20
v. SUBMISSION OF PROPOSALS
Please submit three (3) copies of your proposal before 2:00 p.m. on the
,2005 (the bid opening date) in sealed envelopes to the following:
day of
City of Denton
Purchasing Department
901-B Texas Street
Denton Texas, 76201
Attention: Tom Shaw, Purchasing Agent
Proposals must be sealed and clearly marked: "RFP # 3298 PROPOSALS FOR CONTRACT
FOR COLLECTION SERVICES."
There is no expressed or implied obligation on the part of the City to reimburse responding firms
for any expenses incurred in preparing proposals in response to the request.
The following items must be included as part of your proposal:
A. Cover Letter
RFP number and title
Firm name, address, phone, and fax
Signed and dated by authorized representative of firm
B. Executive Summary
Describe your organization's background and experience in municipal court fines or
similar collections including a summary of all the information requested in Section
IV hereof including an overview of your proposal for services.
C. Describe your collection services and procedures including all the information requested
under Collection Procedures in Section IV and describe your process of collection
including collection suits and your post judgment collection process.
D. Describe your organization's personnel expertise in municipal court or similar collections
matters:
D Specify the number of full-time employees for firm
D Specify the number of full-time attorneys, accountants, auditors or other
professionals employed by your firm
D Identify the personnel who would handle collections for the City
D Provide biographies of key management and attorneys, accountants, auditors or
other professionals
D Provide information concerning minority involvement regarding the work to be
performed by your firm pursuant to this request. Indicate the ethnic makeup and the
gender of your staff. Also indicate your compliance with EEOC regulations and
guidelines.
Page 9 of20
E. Describe your Collection Technology including all the information requested under
Computer Network in Section IV and include without limitation the following:
. Describe the computer hardware and software used to collect municipal court fines
. Describe how it will interact with the City's computer system
. Identify the law firm's technical personnel and technical support available to the
City
F. References - Provide a complete list of past and current Texas clients. In addition,
provide at least five references where municipal court fines or similar collection services
are provided to entities similar to the City. These references should include the name of
the contact person, address, phone number, and a five-year summary of municipal court
fines or similar collections listed as a percent of outstanding delinquent amounts
submitted to the firm for collection.
G. Any other information you consider germane to collection of municipal court fines or
similar collection matters or to this request.
Page 10 of20
CONTRACT FOR THE COLLECTION OF
MUNICIPAL COURT FINES
THE STATE OF TEXAS
9
9
9
COUNTY OF DENTON
THIS CONTRACT is made and entered into by and between the City of Denton, 215 E.
McKinney, Denton, Texas 76201 ("CITY"), acting herein by and through its governing body, and
. ("FIRM").
1. EMPLOYMENT OF FIRM
CITY agrees to employ and does hereby employ FIRM, as an independent contractor, and
FIRM hereby agrees to enforce by suit or otherwise the collection of all delinquent warrants on cases
filed in the CITY's Municipal Court, as well as any other debts, accounts receivable and other debts
owing to the City (delinquent Municipal Court records) which may be collected under Section
103.0031 of the Texas Code of Criminal Procedure as requested by the City. The FIRM shall
perform the following services:
A. FIRM shall perform all those services set forth in CITY's Request for Proposals ("RFP")
dated , 2005 and FIRM's response to the RFP dated , 2005 which
are attached hereto and made a part hereof respectively as Exhibits "A" and "B" as if written word
for word herein, as well as all other services set forth in the Contract.
B. FIRM shall perform any additional Municipal Court collection services authorized by the
Section 103.0031 of the Texas Code of Criminal Procedure as may be requested by the City
Manager or his designee.
C. If there is any conflict between the terms of this Contract and conditions of the attached
exhibits, this Contract will control over the terms and conditions of the attached exhibits.
D. FIRM hereby agrees to perform the services herein with diligence and in accordance
with the highest professional standards customarily obtained for such services in the State of Texas.
2. PROVISION OF INFORMATION
CITY agrees to furnish all necessary warrants and other Municipal Court collection
information to FIRM as indicated in the CITY's RFP (Exhibit A).
3. INVESTIGATION AND ASSISTANCE
FIRM agrees to conduct investigations as to the address of each delinquent person where
such information may be incorrect on utility bills, delinquent tax records and other sources. FIRM
shall bring to the attention of the appropriate official of CITY any errors, discrepancies, or
Page 11 of 20
inaccuracies in the information provided on the delinquent Municipal Court fine records detected by
FIRM. FIRM further agrees to provide CITY with any advice or assistance in connection with
updating the Municipal Court records. CITY shall make available to FIRM information which
CITY may have with regard to the name, identity, and location of necessary parties in connection
with each delinquent account upon request by FIRM.
4. PROCEDURES FOR COLLECTION
Upon initial receipt of the delinquent Municipal Court records by FIRM in computer
readable form, FIRM agrees to initiate procedures for the collection of the full amount due from
each delinquent person. Within a reasonable time frame but not more than sixty (60) days from
FIRM's receipt of the delinquent Municipal Court records, FIRM hereby agrees to send, by first
class mail, a notice of delinquency to each and every delinquent person, requesting said person to
remit the full amount due and owing to CITY.
5. REVIEW AND AUTHORIZATION TO SUE
Following transmittal of the notice of delinquency as specified hereinabove, FIRM will
commence procedures in anticipation of litigation or other substantial collection action for
aggressive pursuit of collection. CITY shall have absolute discretion over those accounts on which
suit should be filed. The transmittal of the delinquent fine information to FIRM from CITY shall
constitute authorization to file suit following the mailing of the initial notice of delinquency. Upon
written notice, CITY may at any time withdraw authorization to file suit. CITY may at any time
withdraw authorization to pursue post judgment remedies including, without limitation, attempts to
enforce any judgment and said withdrawal shall be in writing.
6. LITIGATION RESPONSffiILITIES
A. FIRM agrees to commence litigation, prosecute, and reduce to judgment all delinquent
accounts including all pending lawsuits that FIRM deems to warrant litigation or on which CITY has
specifically requested action in writing. Each suit filed shall seek: personal judgment against the
individual delinquent person(s) for all amounts for which that person can be held personally liable,
and any and all court costs incurred in prosecuting the lawsuit, and any collection fees or attorney's
fees which the delinquent person is obligated to pay. FIRM shall perform litigation responsibilities
and protect CITY's legal remedies including appeals, preparation of any documents required, post-
judgment activities, and any other actions necessary in order to collect the delinquent amounts.
B. FIRM will assume the representation of CITY in all lawsuits, including all pending
lawsuits, involving the collection of delinquent amounts including, but not limited to bankruptcy
litigation, claims and actions required to be filed with federal agencies such as FDIC, FSLIC and
RTC, interventions in suits filed on behalf of any other governmental entities current suits, and any
other suit or litigation which may involve or relate to the collection of delinquent fines or other
amounts. FIRM will inform CITY of any counterclaims or cross-actions filed against CITY.
Page 12 of20
7. COLLECTION SERVICES
In addition to litigation, FIRM further agrees to provide collection services without charge.
As such, FIRM agrees (1) to provide CITY collections advice and written opinions regarding
collection matters upon request; (2) to respond to delinquent person inquiries and to advise CITY, in
writing, or, and make any recommendations concerning installment payment agreements and
settlement agreements proposed by the delinquent person. CITY shall have final determination in
acceptance of all installment payments or settlement agreements within parameters established by
CITY. FIRM shall have discretion to enter into installment agreements subject to CITY's
prerogative of final determination. In all demand letters and all communications with delinquent
persons, FIRM shall inform and instruct the person to remit the payment to FIRM. If remittance is
received by CITY, it will be transmitted in its entirety to FIRM and received for processing within
three business days. Checks made payable to CITY shall be endorsed by CITY to FIRM.
8. MANAGEMENT REPORTS
FIRM agrees to make delinquent collection management reports to CITY monthly and
quarterly, in a format containing information as requested by CITY's Executive Director of Finance
and Municipal Court Administrator. Management reports may include, without limitation:
1. Number of phone or other delinquent person contacts within first 180-day
period;
2. First demand letters mailed;
3. Number and value of suits filed;
4. Number and value of suits dismissed
a. due to collection,
b. other - specify reason;
5. Number and value of judgments entered;
6. Number and value of bankruptcies filed;
7. Copies of judgments;
8. Copies of proof of claims filed in bankruptcy court;
9. Number and value of delinquent accounts not collected as a percentage of
total delinquent accounts provided by CITY for collection.
10. Any other information which is indicated under "Management Reports,"
Section IV of the CITY's RFP (Exhibit A).
Within parameters established at the initiation of the collection program, FIRM shall advise CITY of
any case in which FIRM's investigation has revealed that the delinquent person cannot be found, the
enforcement of the judgment cannot be accomplished, or further attempts at collection would be
futile and FIRM's recommendation relative to the proper disposition of the case. In such cases, the
CITY shall advise FIRM as to the appropriate disposition of the account.
Page 13 of20
9. COMPENSATION
A. As compensation for the services rendered hereunder by FIRM, CITY hereby agrees that
FIRM may collect a collection fee of thirty percent (30%) of the total amount of all delinquent
amounts, as authorized by Section 103.0031 (b) of the Code of Criminal Procedure. All
compensation set forth above shall become the property of CITY at the time payment of the
delinquent fines or other amounts received by FIRM. Said collection fee will only be paid to FIRM
after it has been received from delinquent person as an additional amount added to the amount of
unpaid fine or other debt owed. FIRM shall not be entitled to the aforesaid thirty percent (30 %)
unless and until FIRM has taken some action in connection with recovering delinquent amounts. The
transmittal of a notice of delinquency shall constitute sufficient action in order to entitle FIRM to the
fee aforesaid. In no event shall FIRM be entitled to any fee unless and until CITY actually receives
the delinquent fines, other amounts or court costs from FIRM. In no event shall FIRM be entitled to
any fee unless said fee is collected by FIRM during the term of this Contract or fee is collected by
CITY on account(s) upon which FIRM is attorney of record at the time of judgment. FIRM shall pay
said fines, other amounts or court costs to CITY by check monthly.
B. The compensation set forth in this paragraph of this Contract shall be the total
compensation due to FIRM from CITY for all services provided pursuant to this Contract and in no
event shall FIRM seek any additional compensation from CITY. CITY shall not be responsible to
pay for any services which are unsatisfactory or that the CITY has not approved.
10. CONFLICTS OF INTEREST
FIRM agrees not to represent any client who has an adversary position with the CITY,
engage in any conflict of interest and to fully comply with the Texas Disciplinary Rules of
Professional Conduct (Subtitle G - Texas Government Code) or with any other applicable codes of
professional conduct or ethics laws for the duration of this Contract.
11. TERM
This Contract shall have a term of ~ years, beginning on , 2005
and ending on , 200_. This Contract may be extended for two additional one-year terms
upon the CITY giving written notice to FIRM of its desire to continue this Contract at least thirty
(30) days prior to the expiration of the initial three-year term. This Contract shall continue in full
force and effect from month to month at the option of CITY, unless either party delivers written
notice to the other party of its intent to terminate this Contract at least thirty (30) days prior to the
date of the intended termination. FIRM shall have an additional six months to reduce to judgment
and sale all collection lawsuits filed and collect all bankruptcy claims filed prior to the termination
date, and shall have the exclusive right to compensation of fees earned due to these suits during this
six month period. CITY shall have the right to sooner terminate this Contract by giving thirty (30)
days' written notice of such intention, or in the event of any of the events taking place under Section
30 Termination of Agreement". In case of such termination, FIRM shall be entitled to receive and
retain all compensation due up to the date of said termination. Upon termination, FIRM shall
immediately deliver all files in their entirety to CITY at no cost to CITY.
Page 14 of20
12. SETTLEMENTS
No settlements or compromises of fines or other collectable amounts shall be effected where
prohibited by law and where authorized by law, only upon approval by CITY.
13. NOTICE
Any notice or other written instrument required or permitted to be delivered pursuant to the
terms of this Contract shall be deemed to have been delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, addressed to CITY or FIRM, as the case may be, at the following addresses:
CITY
FIRM
City of Denton, Texas
ATTN: Assistant City Manager
Fiscal & Municipal Services
215 E. McKinney
Denton, TX 76201
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
14. COLLECTION REQUIREMENTS
FIRM agrees to collect, between , 200 and , 200 ~ not less than
_ percent L%) of the total dollar value of the 200_ delinquent fines and other amounts
existing on , 200_. Furthermore, should the CITY invoke the option to extend this
contract beyond ,200_ as prescribed in Section 11, then the FIRM agrees to collect
between the and subsequent time period, for each year the contract is
extended, not less than _ percent L%) of the total dollar value of the delinquent amounts
from the most recent calendar year of the delinquency. If FIRM does not collect the above
referenced amount each year, it shall provide CITY with legal or other professional services,
programming and computer services, or data processing equipment with a value not less than
Dollars ($ ) or, at the option of CITY, FIRM shall pay
CITY the sum of Dollars ($ ) on or before
of the year it fails to collect the minimum amount specified herein.
15. VENUE
The terms, obligations and requirements of this Contract shall be construed in accordance
with the laws of the State of Texas. The obligations and requirements of the parties hereto are
performable in Denton County, Texas. Any litigation involving this Contract shall be tried in a court
of competent jurisdiction sitting in Denton County, Texas.
Page 15 of20
16. ACCEPTANCE OF EMPLOYMENT
In consideration of the terms, covenants and mutual agreements hereinabove stated, FIRM
hereby accepts the employment of CITY and undertakes the performance of this Contract as above
stated.
17. DIRECTIVES
All directives between FIRM and CITY shall be confirmed in writing.
18. COVENANT NOT TO SUE
FIRM further agrees not to bring any cause of action against CITY relative to this Contract.
Should FIRM bring any cause of action against CITY, FIRM agrees the liquidated damages shall not
exceed $1.00 and the filing of such cause of action shall be considered a material breach of this
Contract.
19. AMBIGUITY
Any ambiguity within this Contract shall be liberally interpreted in favor of CITY.
20. ASSIGNMENT
The rights and responsibilities of CITY under this Contract may be assigned by the City
Council to another governmental unit in Denton County without approval of FIRM. It is understood
and agreed that this is a professional services contract and CITY is contracting for the unique
services of FIRM. FIRM's rights and responsibilities under this Contract may not be assigned by
FIRM to another law firm or collection agency without written approval of the assignment by the
City Council.
21. INDEMNITY AGREEMENT
The FIRM shall indemnify and save and hold harmless, and defend, at its own expense, the
CITY and its officers, agents, servants, and employees from and against any and all liability, suits,
claims, demands, damages, 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, of whatever kind or character, whether real or
asserted, resulting from the negligent acts or omissions of the FIRM or its officers, shareholders,
agents, or employees in the execution, operation, or performance of this Contract whether arising out
of in whole or in part, from any and all alleged acts or omissions of officers, servants, or employees
of the CITY.
Nothing in this Contract shall be construed to create a liability to any person who is not a
party to this Contract, 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 Contract,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
Page 16 of20
22. INSURANCE
During the performance of the services under this Contract, FIRM 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 Rated Carriers of at
least an A- or above:
Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
The FIRM 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 30 days prior written notice to CITY and FIRM. In such event, the FIRM shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same coverage.
23. EXHffiITS
RFP No. 3298 attached hereto as Exhibit "A" and the FIRM's response to the RFP attached
hereto as Exhibit "B" are incorporated herein as if set forth at length and made a part hereof. The
provisions of Exhibit "A" and Exhibit "B" shall set forth obligations and duties of the FIRM to the
extent that they do not conflict with other provisions set forth in this Contract, which contractual
provisions shall control.
24. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Contract by submitting the dispute to
arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to this Contract, involving one party's
disagreement, may include the other party to the disagreement without the other's approval.
25. ENTIRE AGREEMENT
This Contract, consisting of _ pages and 2 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.
26. COMPLIANCE WITH LAWS
The FIRM 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.
Page 17 of20
27. DISCRIMINATION PROHIBITED
In performing the services required hereunder, the FIRM shall not discriminate against any
person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
28. PERSONNEL AND EQUIPMENT
A. The FIRM represents that it has or will secure, at its own expense, all personnel required to
perform all the services required under this Contract. Such personnel shall not be employees
or officers of, or have any contractual relations with the CITY. FIRM shall inform the CITY
of any conflict of interest or potential conflict of interest that may arise during the term of
this Contract.
B. All services required hereunder will be performed by the FIRM or under its supervision. All
personnel engaged in work shall be qualified, and shall be authorized and permitted under
state and local laws to perform such services.
C. The FIRM represents that it has or will secure, at its own expense, the hardware, software,
and other resources required to perform, in a timely manner, all the services required under
the terms of this contract.
29. ASSIGNABILITY
The FIRM shall not assign any interest in this Contract, and shall not transfer any interest in
this Contract (whether by assignment, novation, or otherwise) without the prior written consent of
the CITY.
30. TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Contract, either party may terminate by giving
thirty (30) days advance written notice to the other party.
B. This Contract may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Contract. No such termination will be affected
unless the other party is given (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the nonperformance,
and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation
with the terminating party prior to termination.
C. If the agreement is terminated prior to completion of the services to be provided hereunder,
FIRM shall immediately cease all services and shall render a final bill for services to the
CITY within 30 days after the date of termination. The CITY shall pay FIRM for all
services properly rendered and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination, in accordance with Article 9
"Compensation". Should the CITY subsequently contract with a new consultant for the
Page 18 of20
continuation of services on the Project, FIRM shall cooperate in providing information. The
FIRM shall turn over all documents prepared or furnished by FIRM pursuant to this Contract
to the CITY on or before the date of termination, but may maintain copies of such documents
for its use.
31. MODIFICATION
No waiver or modification of this Contract 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 Contract, 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
herein set forth.
32. INDEPENDENT CONTRACTOR
FIRM shall provide services to CITY as an independent contractor, not as an employee of
the CITY. FIRM shall not have or claim any right arising from employee status.
33. MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Contract: Exhibit "A" -
Request for Proposals; Exhibit "B" -FIRM's proposal.
B. FIRM agrees that CITY shall, until the expiration of _ U years after the final payment
under this Contract, have access to and the right to examine any directly pertinent books,
documents, papers, and records of the FIRM involving transactions relating to this Contract.
FIRM agrees that CITY shall have access during normal working hours to all necessary
FIRM facilities and shall be provided adequate and appropriate working space in order to
conduct audits in compliance with this section. CITY shall give FIRM reasonable advance
notice of intended audits.
C. For the purpose of this Contract, the key persons who will perform most of this work
hereunder shall be one of whom is either an attorney, accountant, auditor, or
now works in another well recognized professional services field. However, nothing herein
shall limit FIRM from using other qualified and competent members of its firm to perform
the services required herein.
D. FIRM shall commence, carry on, and complete any and all projects with all applicable
dispatch, in a sound, economical, efficient manner and in accordance with the provisions
hereof. In accomplishing the proj ects, FIRM shall take such steps as are appropriate to
ensure that the work involved is properly coordinated with related work being carried on by
the CITY.
E. The CITY shall assist the FIRM by placing at the FIRM's disposal all available information
pertinent to the Project, including previous reports, any other data relative to the Project, and
Page 19 of20
arranging for the access thereto, and make all provisions for the FIRM to enter in or upon
public and private property as required for the FIRM to perform services under this Contract.
34. TIME OF THE ESSENCE
Time is of the essence with respect to all matters covered by this Contract.
38. CAPTIONS
The captions appearing at the first of each numbered section are inserted and included solely
for convenience and shall never be considered or given any effect in construing this Contract.
This Contract is executed on behalf of CITY by the presiding officer of its governing body
who is authorized to execute this instrument by order heretofore passed and duly recorded in its
minutes and by a partner of FIRM who, by execution of this Contract, represents and warrants that
he or she has the authority to execute this document on behalf of FIRM.
WITNESS the signature of all parties hereto in triplicate originals this the
, 2005, Denton County, Texas.
day of
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
(Name of Firm)
BY:
(Name and Title of Signer)
Page 20 of20
AGENDA INFORMATION SHEET
AGENDA DATE: December 6, 2005
DEPARTMENT: Fire Department
ACM:
Jon Fortune
II
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding Small Cities
Emergency Medical Services (EMS) interlocal agreements and Fire and EMS agreements
with Denton County.
BACKGROUND
The City of Denton provides emergency services to certain areas outside its City limits. The
Fire Department provides emergency ambulance services to some small cities within the
County and also provides EMS and fire services to other unincorporated areas of the County.
Staff would like direction from the City Council regarding the amount it charges the Small
Cities (Ponder and Sanger) for advanced life support (ALS) emergency ambulance services
and Denton County for EMS and fire services to contracted unincorporated areas of the
County.
Even though our agreements using the rates established by the budget process for FY
2005/2006 with these cities and the County will not expire until September 2006, Staff would
like to give these cities and the County ample notice of the City Council's policy starting
October 1, 2006. In addition, City Staff is working on a five-year financial forecast and
Council's direction on these issues will have a direct impact on that planning.
=> SMALL CITIES EMERGENCY AMBULANCE INTERLOCAL AGREEMENTS:
Interlocal Agreements for ALS emergency ambulance services originally began in 1980
between the City of Denton and the Cities of Argyle, Corinth, Hickory Creek, Lake Dallas,
Ponder, Sanger and Shady Shores.
The cities of Corinth, Hickory Creek, Lake Dallas and Shady Shores all dropped out of
the Small Cities Emergency Ambulance program in April of 2000 and now receive this
service from the Lake Cities Fire Department who also provides them fire protection.
In October of 2002, Argyle implemented its own EMS transport ambulance service and
did not renew its agreement with the City.
Krum initiated its own EMS transport service and opted out of its contract with the City
of Denton in April 2004.
1
. Starting on October I, 2005, Ponder contracted with Krum Fire Department and opted
out of its long-standing contract with the City of Denton for emergency ambulance
services.
The City presently provides ALS emergency ambulance services to only one small city in
Denton County - the City of Sanger. This agreement provides City of Denton emergency
ambulances staffed by City paramedics to specified service areas and are determined using a
per capita fee. In addition, the City bills for all services rendered to the patients who are
transported. The first response is by the local fire department, normally staffed with
volunteers.
Sanger continues to pursue their own EMS ambulance program due to the City of Denton's
ongoing annual increases of the rates for these agreements. The City of Sanger plans on
implementing an EMS ambulance business in the next fiscal year if financially feasible.
Recent City Council Actions
Each year new agreements and ordinances must be approved by the Denton City Council for
the next fiscal year setting the fee the City will charge per capita. Over the past several years
per capita rates have been increased each year at Council's direction. The annual revenues
generated by the Small Cities Program have decreased due to the decreasing number of
participants.
1992-1993
1993-1994
1994-1995
1995-1996
1996-1997
1997-1998
1998-1999
1999-2000
2000-2001
2001-2002
2002-2003
2003-2004
2004-2005
2005-2006
. In July 1998, the City Council approved a three-year phased in increase to the per capita
rates charged to the Small Cities for emergency ambulance services. The first year
(FY199811999) increased from $5.75 to $6.50; the second year (FYI 999/2000) increased
to $8.00 and the third year (FY2000/200 I) increased to $10.00.
. In June 2000, the City Council approved the philosophy of continued increases for the
per capita rates charged to the Small Cities for emergency ambulance services determined
through the budget process. The first year (FY2001/2002) increased from $10.00 to
2
$12.00; the second year (FY2002/2003) increased to $16.00 and the third year
(FY2003/2004) increased to $17.00.
. On February I, 2005, the City Council gave staff direction to continue to increase fees to
small cities for emergency ambulance services determined by the budget process. They
increased the rate from $18.00 to $20.00 for FY2005/2006.
Cost Recoverv
Historically, the cost to the City of Denton to provide emergency ambulance services to the
small cities has been more than the cost recovered by the per capita rate charged and
transport revenues collected. Previous City Councils adopted this policy based on the
following determinations:
. The Small Cities Emergency Ambulance Program offset some of the City's increasing
costs to provide EMS.
. The Small Cities Emergency Ambulance Program provided partial funding of an
additional ambulance that was available to City residents.
. City Councils wanted to maintain a good neighbor policy and provide services to
commun ities without the resources necessary to provide ambulances.
What is the Estimated Cost of An Ambulance Companv?
There are several methods available to determine the costs of providing certain Fire
Department services. Historically, the Fire Department has used the methodology that the
Small Cities Emergency Ambulance Services Program costs should be based on the
proportionate use of one ambulance, since no other City of Denton Fire Department
apparatus normally responds on out-of-City medical calls.
Step 1: Determine the proportionate share of one ambulance:
The updated 2004/2005 Fire Department Strategic Plan estimates the cost of one ambulance
to be $794,471. Deducting the Fire Department's revenues before establishing the operating
costs of services means that the expected revenues generated by ambulances transporting
patients from the small cities have already been accounted for and have no bearing at this
point in the determination of the full cost recovery.
In 2004, the City responded to 6,054 emergency medical calls for service. The four front line
ambulances thus responded to an average of 1,514 emergency medical calls per unit. The
Small Cities' (Sanger's) share of these calls for service equaled 580 responses. The
proportionate use of the ambulance can be determined by dividing the 1,514 calls per
ambulance by the 580 Small Cities' calls for service.
580/1,514
Small Cites' proportionate share of 1 ambulance = 38.3%
3
Step 2: Determine the Small Cities' annual share of the EMS ambulance cost:
This can be determined by multiplying the EMS cost ($794,471) times the percentage of
proportionate use by the Small Cities (38.3%).
Step 3: Determine the per capita full recovery cost to the Small Cities
The per capita full recovery cost to the Small Cities (City of Sanger) can now be determined
by dividing the total full recovery cost ($378,168) by the total Small Cities population
(5,300):
Future Small Cities Emen!:ency Ambulance Pro2ram Rates
The City Council once again is asked to determine the policy of the amount to charge the
Small Cities for EMS responses. The options are as follows:
1. Charge a per capita rate to achieve full cost recovery (currently $57.41).
2. Charge a rate between the current rate ($20.00) and full recovery rate (currently
$57.41).
3. Get out of the contract emergency ambulance transport business to other cities. This
would result in a net loss of revenues to the City.
=> DENTON COUNTY "EMS" INTERLOCAL AGREEMENT:
The interlocal agreement for ambulance services between the City of Denton and Denton
County began in 1980 and provides for emergency ambulance services to unincorporated
areas of Denton County within the designated area. Each year a new agreement and
ordinance are presented to the Denton City Council for the fiscal year approving the fee the
County will pay to the City of Denton for service using a County-wide funding formula
based on: (1) population served on January 1 of the previous year; (2) number of ambulance
calls in the unincorporated County area: and, (3) the unincorporated rural square miles in the
County. The population and square mileage figures used are based on numbers obtained
from the North Central Texas Council of Governments and the runs are from the previous
year. This funding formula has not changed over the past several years.
Unfortunately, in spite of its rapid growth, the County has not increased the total annual
amount it budgets to fund ambulance services in the County unincorporated areas for several
years. They have only juggled the total base in its funding formula. With substantial input
from the City of Denton, the County raised its allocation for emergency ambulance funding
from $730,000 to $800,000 for FY2005/2006. Therefore, the $800,000 is divided into thirds,
which equals $266,666 for each category. Each category's funding ratio is determined by
dividing $266,666 by the total population covered; $266,666 by the number of calls in the
4
County area; and, $266,666 by total rural square miles served in the County area. Following
is the four (4) year history of the ambulance-funding ratio in the County and the resulting
amounts allocated to the City of Denton:
FY2002/2003 FY2003/2004 FY2004/2005 FY2005/2006
.,.." ............'11 111.11\1:
County Population 463,866 489,263 501,975 563,040
Denton Population 107,038 1 09,162 1 09,162 124,957
Denton's % of Total 23.1% 22.3% 21.7% 22.1%
County Funding Formula Rate 0.5389 0.5110 0.4848 0.4736
County Readiness Funding Total $250,000 $250,000 $243,333 $266,666
Readiness Funding to Denton $57,688 $55,778 $52,916 $59,181.91
J:I\II~ AI\IIRIII AI\It"'J: ~III\I~.
Total County Ambulance Runs 712 712 609 708
Denton Runs to County 323 275 104 235
Denton's % of Total 45.5% 38.6% 17.1% 33.2%
County Funding Formula Rate $351.12 $351.12 $399.56 $376.6469
County Runs Funding Total $250,000 $250,000 $243,333 $266,666
Runs Funding to Denton $113,412.92 $96,558.99 $41,554.40 $88,512.02
~II~AI a/"''' , ^.,.." Mil J:~.
Unincorporated Square Miles 574.22 551.79 550.79 570.79
Denton's Covered Square Miles 280.25 214.83 211.83 157.77
Denton's % of Total 48.8% 38.9% 38.5% 38.5%
County Funding Formula Rate $435.37 $453.07 $441.79 $490.3796
Runs Funding Total $250,000 $250,000 $243,333 $266,666
Rural Square Miles Funding Total $122,012.49 $97,335.22 $93,584.18 $73,708.18
TOTAL COUNTY EMS FUNDING $750,000 $750,000 $730,000 $800,000
~nl Y. TO Ut:I'II1 VI'll !I:?~~ 113.41 CI:?AQ R7?21 $1 RR nJ;:A J;:R $221.402.12
Percentage of Total Funding 39.1% 33.3% 25.8% 25.8%
Denton County has budgeted $800,000 for ambulance funding in FY 2006. The total
estimated fee of $221,402.12 as Denton's share is based on the funding formula of 33% for
readiness; 33% for number of runs; and 33% for rural square miles with the following
estimated ratios:
1. A fixed readiness sum for a population of 124,957 based on $0.4736 per capita for an
estimated maximum amount of $59,181.91.
2. A sum of $376.6469 per ambulance run estimated to be 235 runs for an estimated
maximum amount of $88,512.02. This sum is based upon the number of runs made in
the County areas for fiscal year 2005.
3. A fixed sum of $467.1876 per rural square mile based on 157.77 rural miles in the
agreed operating territory for an estimated maximum amount of $73,708.18.
Current Concerns of County Fundin2 of Emer2enCy Ambulance Services
1. The City receives no "first responder" fees if the incident is a medical call in the
Mayhill-Cooper Creek because it has the ambulance agreement. The County has saved
funds by this loophole in the contracts because they paid the Mayhill-Cooper Creek a
5
first responder fee when the City's ambulance responded. This first responder fee
should be paid to the City for a fire engine response as the first responder just as it was
to Mayhill-Cooper Creek. The purpose of the contract is to provide services not to save
the County expenditures.
2. The costs to provide these services continue to increase with no increase in funding.
The County Fire Chiefs Association has long complained of the inadequate funding and
asked for annual increases. Although the County has increased the total allocation, it
still falls short of the actual cost to provide the services.
3. City of Denton residents unfairly subsidize County funding of emergency ambulance
services. City residents pay the same County taxes that unincorporated residents do
who receive the services. City residents also subsidize the costs by paying City taxes to
provide County services at less than full cost recovery.
4. This ongoing interlocal agreement is often delayed in the County's legal approval
process, which also includes review by the Denton County Fire Chiefs Association as
well as approval by the Commissioners Court as part of their budget process. Even
though the contract is usually approved after its starting date, the agreement still
remains effective from October 1, 2005 with no reductions in revenues.
5. County funding is always a year behind in its determination of fees.
=> DENTON COUNTY "FIRE" INTERLOCAL AGREEMENT:
The interlocal agreement for fire service between the City of Denton and Denton County
provides fire protection services by the Denton Fire Department to the County areas
previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small
portion of the Lake Cities Fire District now adjacent to the newly annexed City property in
the southwest portion of Teasely (FM 2181).
In 2003, Denton County requested that the City of Denton provide fire protection to the
designated area due to Mayhill-Cooper Creek's continuing lack of sufficient resources to
provide a proper response to fire calls. The City had historically responded into Mayhill's
District on mutual aid because of their lack of resources. However, the County did not
reimburse the City; they reimbursed Mayhill. Due to the fact the Fire Department was
responding anyway with no reimbursement, the City pursued a contract when Mayhill
District could no longer meet its contracted requirements.
The County also requested in 2004 that the City respond to a small area next to the new
DISD high school on FM 2181 and Old Alton Road since the City of Denton's response time
to the area is much quicker than Lake Cities Fire Department. This contract will be for a
period of one year.
The county pays a set figure per incident that is $368.10 per call in our current contract.
6
Current Concerns of County Fundin2 of Fire Services
1. The interlocal agreement is a savings for the County due to the fact they paid the
Mayhill-Cooper Creek an additional "emergency grant" each year ($25,000) for the
maintenance of their equipment. In addition, the City receives no "first responder" fees
if the incident is a medical call because it has the ambulance agreement. The County
has saved funds by this loophole in the contracts because they paid the Mayhill-Cooper
Creek a first responder fee when the City's ambulance responded. This first responder
fee should be paid to the City just as it was to Mayhill-Cooper Creek. The purpose of
the contract is to provide services not to save the County expenditures.
2. The costs to provide these services continue to increase without adequate increases in
funding. The County Fire Chiefs Association has long complained of the inadequate
funding.
3. City of Denton residents unfairly subsidize County funding of fire responses by City
Fire Department resources. City residents pay the same County taxes that
unincorporated residents do who receive the services. City residents also subsidize the
costs by paying City taxes to provide County services at less than full cost recovery.
4. This ongoing interlocal agreement is often delayed in the County's legal approval
process, which also includes review by the Denton County Fire Chiefs Association as
well as approval by the Commissioners Court as part of their budget process. Even
though the contract is usually approved after its starting date, the agreement still
remains effective from October 1, 2005 with no reductions in revenues.
5. County funding is always a year behind in its determination of fees.
STAFF RECOMMENDATIONS:
Staff recommends that the City of Denton continue to provide emergency ambulance services
to the City of Sanger and continue to increase fees to recover costs. Sanger will most likely
opt out of its contract in the near future making this a mute point. However, the City should
pursue the additional revenues to subsidize its EMS expenditures.
Staff also recommends that the City continue to provide fire and EMS services to the
unincorporated areas. Contract discussions must be held prior to the budget with the County
to determine fair and reasonable charges for these emergency services. More input from the
City of Denton to Denton County is absolutely essential in the continuation of contracted
services. Not renewing these contracts would result in a net loss of revenues to the City.
Staff believes that the City of Denton will eventually annex most if not all of the
Mayhill/Cooper Creek district so providing fire protection to this area will eventually become
a City responsibility anyway.
FISCAL INFORMATION
Staff estimates revenue of $391,512.82 in FY2005/2006 based on the current interlocal
agreements for emergency fire and EMS services with Sanger and Denton County.
However, the current budgeted revenue for all these contracts is $293,000. Staff only
budgeted a total of $53,000 for Sanger with the expectation they would drop out of the
program by April 2006 and County estimates are higher than originally proposed. Any
change in these contracts will reflect on the revenues budgeted for the current fiscal year.
7
Budgeted in FY2005/2006 Current Contract Estimates
Small Cities (Sanger) $53,000 $106,000.00
County Ambulance Agreement Combined: $240,000 $221,402.12
County Fire Agreement $64,110.70
TOTALS $293,000 $391,512.82
Respectfully Submitted:
It ~
.,~ - .
~ "
" - 'tiv -,.. '-'
~_ _._: if~ ~-~_ ... .
Ross Chadwick
Fire Chief
8
AGENDA INFORMATION SHEET
AGENDA DATE:
December 6,2005
DEPARTMENT:
Finance
ACM:
Jon Fortune
II
SUBJECT
Consider approval of a Resolution to declare intent to reimburse expenditures from the Motor
Pool Fund with Certificates of Obligation so that vehicles approved in the 2005-06 Budget, more
fully described in the attachment to the Resolution, may be purchased; and providing an effective
date.
BACKGROUND
A bond sale is planned for the spring of 2006 to provide funding for the purchase of Motor Pool
Fund vehicles. The 2005-06 Budget approved by City Council includes the issuance of
Certificates of Obligation to purchase replacement vehicles and equipment as described in the
attachment.
The Resolution will allow the necessary bidding and ordering of vehicles to begin immediately
rather than waiting until spring when the bonds will be sold.
FISCAL INFORMATION
$1,500,000 from the Motor Pool Fund balance will be expended and subsequently reimbursed
with Certificates of Obligation that will be sold in the spring of 2006.
EXHIBITS
Replacement Vehicles and Equipment List
Resolution
Respectfully submitted:
k-' '. a.
. ~ "11
h .,' j' _.,
. . r '
. -
Jo.='"~ ~~
Diana G. Ortiz
Chief Financial Officer
REPLACEMENT VEHICLES AND EQUIPMENT LIST
Police
Police
Police
Police
Fire
Fire
Street
Street
Street
Street
Parks & Recreation
Park Maintenance
Park Maintenance
Park Maintenance
Estimate Amount Per Extended Estimate
Unit Amount
Police motorcycles
Patrol cars
Expeditions
Taurus
Taurus
2,000 GPM pumper w/equipment
1-1/2 Ton Flatbed Truck
12-Yd Dump Truck
Street Sweeper
1-1/2 Ton Pickup
15-Passenger Van w/tow pkg
1 Ton Pickup
3/4 Ton Pickup
1/2 Ton Pickup - 8 ft. bed
$34,000
$33,000
$33,000
$18,500
$15,000
$500,000
$36,000
$82,000
$40,000
$36,000
$25,000
$36,000
$26,000
$31,000
$68,000
$363,000
$132,000
$37,000
$15,000
$500,000
$36,000
$82,000
$40,000
$36,000
$50,000
$72,000
$26,000
$31,000
2
11
4
2
1
1
1
1
1
1
2
2
1
1
11/30/20053:28 PM2- BU Attachment Replacement Vehicles & Equip.xls
S :\Our Documents\Resolutions\05\reimbursement resolution - vehicles.doc
RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM
THE MOTOR POOL FUND WITH CERTIFICATES OF OBLIGATION SO THAT
VEHICLES APPROVED IN THE 2005-06 BUDGET MORE FULLY DESCRIBED IN THE
ATTACHMENT TO THIS RESOLUTION MAY BE PURCHASED; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") IS a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the issuer expects to pay expenditures in connection with the purchase of
vehicles for various City departments referred to as vehicle purchases which were previously
approved in the 2005-06 Budget and are more fully described in Attachment "A"; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Projects; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $1,500,000 for the purpose of
paying the costs of vehicles, as set forth in the attached Attachment "A" which is made a part of
this resolution for all purposes.
SECTION 2. All costs to be reimbursed pursuant hereto will be for purchase of vehicles.
No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a
date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2)
the date on which the property, with respect to which such expenditures are made, is placed in
service. That all amounts expended from the Motor Pool Fund for the vehicles set forth in
Attachment "A" to pay any costs of the vehicles shall be reimbursed from Certificate of
Obligation bond proceeds within the 2005-06 fiscal year.
SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued
pursuant to this resolution more than three years after the date any expenditure which is to be
reimbursed is paid.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
S:\OUT Documents\Resolutions\05\reimbuTsement resolution - vehicles.doc
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 2
day of
,2005.
EULINE BROCK, MAYOR
S:\Our Documents\Resolutions\05\reimbursement resolution - vehicles.doc
ATTACHMENT A
2005-06 Motor Pool Fund
Vehicles
$1,500,000
The 2005-06 budget approved by Council included the issuance of Certificates of Obligation to
purchase replacement vehicles and equipment for public safety.
Page 3
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
December 6, 2005
Economic Developmen~
Mike Conduff, City Manager
SUBJECT
Consider adoption of an ordinance authorizing the City Manager of the City of Denton,
Texas to execute a Local Participation Advanced Funding Agreement for an off-system
project related to the implementation of the proposed pedestrian improvements through
Unicorn Lake/Sundown Ranch Project in the City of Denton; authorizing the expenditure
of funds therefore; and providing an effective date.
BACKGROUND
The City Council approved the attached contract with TxDOT at their May 24, 2005
meeting. The agreement provides funds allocated to the Unicorn Lake pedestrian and
landscape improvements. The agreement was forwarded to Austin and did not make it
through the approval process before the Legislature amended the standard contracts to
include an audit provision (12.h) which reads as follows:
The State Auditor may conduct an audit or investigation of any entity receiving funds
directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the State Auditor, under the direction
of the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide the
State Auditor with access to any information the State Auditor considers relevant to the
investigation or audit.
ESTIMATED SCHEDULE OF PROJECT
We have been informed that the Austin office apologizes for the delay of approval of this
contract and will sign it upon receipt of the signed amended contract.
PRIOR ACTIONIREVIEW
Approved at the May 24,2005 City Council meeting.
FISCAL INFORMATION
The grant requires a 20% local match. The City will be responsible for approximately
$75,000 of the $147,182 match required. The developer will provide the remaining
match. The total funding equals $588,728.
EXHIBITS
Local Participation Funding Agreement
Ordinance
- 1 -
Respectfully submitted:
Linda Ratliff, Director
Economic Development Department
- 2 -
S:\Our Documents\Ordinances\05\LP AF A Ordinance-2.doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A LOCAL P ARTICIP AnON ADVANCED FUNDING AGREEMENT
FOR AN OFF-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE
PROPOSED PEDESTRIAN IMPROVEMENTS THROUGH UNICORN LAKE/SUNDOWN
RANCH PROJECT IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the elements of the contracts that vary from project to project include the
project specifications and the funding arrangements; and,
WHEREAS, for pmposes of streamlining the contract process, the Texas Department of
Transportation (TxDOT) has designed two agreements: (1) a Master Advance Funding,
Agreement (MAFA) and (2) a Local Project Advanced Funding Agreement (LPAFA); and,
WHEREAS, the MAF A contains what may become statewide contract standards that are
currently generally agreeable to all cities and counties; and
WHEREAS, the MAF A will need to be approved only one time by the local
municipality, county or other government political subdivision; and
WHEREAS, the City Of Denton, on June 20, 2000, entered into a MAP A with TxDOT;
and
WHEREAS, to accomplish each project, the LPAFA contains provisions related only to
the local project needs; and
WHEREAS, on July 9, 2001, the City of Denton Mobility Committee approved the
submittal of the Unicorn Lake/Sundown Ranch Land Use/Transportation Joint Venture project to
the North Central Texas Council of Governments for funding; and
WHEREAS, the NCTCOG subsequently funded a portion of the submittal known as
pedestrian improvements and roadway enhancements for the Unicorn Lake/Sundown Ranch
Proj ect; and
WHEREAS, the projected cost of the Pedestrian hnprovements through Unicorn
Lake/Sundown Ranch Project is estimated to be $735,910.00; and
WHEREAS, this agreement will reimburse the City of Denton for 80% of funds spent for
the construction ofthis project; and
WHEREAS, the Unicorn Lake/Sundown Ranch Project LP AF A would allow the project
to undergo construction; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council of the City of Denton, Texas hereby approves the Local
Project Advanced Funding Agreement (LP AF A) for the Unicorn Lake/Sundown Ranch Project
in substantially the same form as the agreement attached hereto and made a part hereof by
reference. The City Manager or his designee is hereby authorized to execute the LP AF A on
behalf ofthe City of Denton and to exercise the rights and duties of the City thereunder including
the expenditure of funds as provided therein.
SECTION 3. This ordinance shall be effective immediately from and after its passage
and approval.
PASSED AND APPROVED this the _day of
, 2005
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
-2-
CSJ: 0918-46-199
Unicorn Lake/Sundown Ranch:
From Wind River
To State School Road
Denton County
Funding Category: STPMM/LU/JV
STATE OF TEXAS ~
COUNTY OF TRAVIS ~
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a STPM M Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the City of Denton, acting by and through its duly authorized officials, hereinafter called the "Local
Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order
for the development of, and funding for, the project describe herein; and,
that provides
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work
The scope of work for this LPAFA is described as pedestrian improvements through Unicorn
Lake/Sundown Ranch in the City of Denton.
AFA - LPAFA OffSys
Page 1 of 6
Revised 8/1/03
CSJ: 0918-46-199
Unicorn Lake/Sundown Ranch:
From Wind River
To State School Road
Denton County
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The Local Government is responsible for performance of
any required architectural or preliminary engineering work. The State shall review and comment
on the work as required to accomplish the public purposes of the State. The Local Government
will cooperate fully with the State in accomplishing these local public purposes to the degree
permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the Local Government, as stated in the Master
Agreement, without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local
Government will remit a check or warrant made payable to the "Texas Department of
Transportation" in the amount specified in Attachment C as the local contribution for State
review of Preliminary Engineering. The Local Government will pay at a minimum its funding
share for this estimated cost of State review of preliminary engineering as stated in the Local
Project Sources and Uses of Funds provision of the Master Agreement.
e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government
shall remit its remaining financial share for the State's estimated construction oversight and
any others costs owing.
f. In the event the State determines that additional, reasonable and necessary funding is
required by the Local Government at any time during the development of the Project, the State
will notify the Local Government in writing. The Local Government will make payment to the
State within thirty (30) days from receipt of the State's written notification.
g. If any existing or future local ordinances, including, but not limited to, outdoor advertising
billboards or storm water drainage facility requirements, are more restrictive than State or
Federal Regulations, or any other locally proposed changes, including, but not limited to plats
AFA - LPAFA OffSys
Page 2 of 6
Revised 8/1/03
CSJ: 0918-46-199
Unicorn Lake/Sundown Ranch:
From Wind River
To State School Road
Denton County
or replats, result in increased costs, then, any increased costs associated with the ordinances
or changes will be paid by the local entity.
h.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft@ Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate
counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
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:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
AFA - LPAFA OffSys
Page 3 of 6
Revised 8/1/03
CSJ: 0918-46-199
Unicorn Lake/Sundown Ranch:
From Wind River
To State School Road
Denton County
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE AUTHORIZING CITY MANAGER OF THE CITY OF DENTON, TEXAS TO
EXECUTE A THE LOCAL P ARTICIP A TION ADVANCED FUNDING AGREEMENT FOR AN OFF-
SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE PROPOSED PEDESTRIAN
IMPROVEMENTS THROUGH UNICORN LAKE/SUNDOWN RANCH PROJECT IN THE CITY OF
DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, the elements of the contracts that vary from project to project include the project
specifications and the funding arrangements; and,
WHEREAS, for purposes of streamlining the contract process, the Texas Department of
Transportation (TxDOT) has designed two agreements: (1) a Master Advance Funding Agreement
(MAF A) and (2) a Local Project Advance Funding Agreement (LP AF A); and,
WHEREAS, the MAF A contains what may become statewide contract standards that are
currently generally agreeable to all cities and counties; and,
WHEREAS, the MAF A will need to be approved only one time by the local municipality,
county or other governing political subdivision; and,
WHEREAS, THE CITY OF DENTON, on June 20, 2000, entered into a MAF A with TxDOT;
and
WHEREAS, to accomplish each project, the LP AF A contains provisions related only to the
local project needs; and,
WHEREAS, on July 9, 2001 the City of Denton Mobility Committee approved the submittal of
the Unicorn Lake/Sundown Ranch Land Use/Transportation Joint Venture project to the North
Central Texas Council of Governments for funding; and
WHEREAS, the NCTCOG subsequently funded a portion of the submittal know as pedestrian
improvements and roadway enhancements for the Unicorn Lake/Sundown Ranch Project; and
WHEREAS, the projected cost of the Pedestrian Improvements through Unicorn
Lake/Sundown Ranch Project is estimated to be $735,910.00; and
WHEREAS, this agreement will reimburse the City of Denton for 80% of funds spent for the
construction of this project; and
AFA - LPAFA OffSys
Page 4 of 6
Revised 8/1/03
CSJ: 0918-46-199
Unicorn Lake/Sundown Ranch:
From Wind River
To State School Road
Denton County
WHEREAS, the Unicorn Lake/Sundown Ranch Project LPAFA would allow the project to
undergo construction, and;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council of the City of Denton, Texas hereby approves the Local Project
Advanced Funding Agreement (LPAFA) for the Unicorn Lake/Sundown Ranch Project in
substantially the same form as the agreement attached hereto and made a part hereof by reference.
The City Manager or his designee is hereby authorized to execute the LP AFA on behalf of the City of
Denton and to exercise the rights and duties of the City thereunder including the expenditure of
funds as provided therein.
SECTION 3. This ordinance shall be effective immediately from and after its passage and
approval.
PASSES AND APPROVED this the
day of
,2005
EULINE BROCK, MAYOR
Attest:
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AFA - LPAFA OffSys
Page 5 of 6
Revised 8/1/03
CSJ: 0918-46-199
Unicorn Lake/Sundown Ranch:
From Wind River
To State School Road
Denton County
ATTACHMENT B
PROJECT LOCATION MAP
AFA - LPAFA OffSys
Page 6 of 6
Revised 8/1/03
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AGENDA INFORMATION SHEET
AGENDA DATE: December 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Charles Wiley 349-7925
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order with the Houston-Galveston Area Council of Governments
(HGAC) for the acquisition of four 2006 Ford Expeditions for the City of Denton Police
Department by way of an Interlocal Agreement with the City of Denton; and providing an
effective date (File 3418-lnterlocal Agreement for Four 2006 Ford Expeditions with HGAC
awarded to Philpott Ford in the amount of $94,264).
BID INFORMATION
This bid is for the purchase of four (4) 2006 Ford Expeditions for the Police Department. These
units will replace four 1997 patrol sedans approved for replacement during the budget process.
Two of these vehicles will be assigned to patrol lieutenants and two will be assigned to tactical
commanders. The requirement for the SUV for these positions is intended to fill the need to
transport personnel, emergency equipment, auxiliary lighting, traffic control devices and other
public safety related equipment and supplies. In addition, the SUV design is well suited for high
water conditions and recent events have made it clear that the more traditional police vehicles are
limited in their ability to move through even slight flood conditions. Therefore, acquisition of the
sport utility vehicles will provide some flexibility that is not currently available to the Police
Department. The units are powered by 5.4 liter, V8, gasoline engines and have a 5-year or
75,000 mile power train warranty.
RECOMMENDA TION
Award a contract to Philpott Ford utilizing the interlocal agreement with the Houston-Galveston
Area Council of Governments for the purchase of four (4) 2006 Ford Expeditions. The award
amount is $23,416 each plus a $600 H-GAC administrative fee for a total award of $94,264.
PRINCIPAL PLACE OF BUSINESS
Philpott Ford.
Port Neches, TX
ESTIMA TED SCHEDULE OF PROJECT
The units can be delivered in approximately 60-90 days after receipt of order.
Agenda Information Sheet
December 6,2005
Page 2
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: HGAC Pricing Sheet
1-AIS-File 3418
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
Cars and Light Trucks
H-GAC BID VE10-03
End User: CITY OF DENTON
Contact: TOM SHAW
Philpott Rep: ALAN WILEY
Date: lO-Nav-05
Product Description:
2006 FORD EXPEDITION 4-DOOR
A.
BBC
A. Base Price: I $ 21,427.00 I
Bid Series:
B. Published Options [Itemize each belowJ
Code Options Bid Price Code Options Bid Price
4.6L V8 GAS, AUTOMATIC INCL
POWER STEERING INCL
ABSBRAKES INCL
HD RUBBER FLOOR INCL
CLOTHSPUTBENCHFRONT INCL
FRONT AlC AND HEAT INCL
POWER WINDOWS-LOCKS INCL
AM-FM CASSETTE-CD COMBO INCL
NO 3RD ROW SEAT
Total of B. Published Options: I $
c.
8.0 %
Unpublished Options [Itemize each below, not to exceed 25%J
$=
Options Bid Price Options Bid Price
920A 4X2 XLT SSV PACKAGE $ 1,215.00
5.4L GAS INCL
LIMITED SUP AXLE INCL WHITE IN STOCK WITH 2ND ROW
POWER MIRRORS INCL VINYL SEAT AND WITHOUT 536
TIL T/CRUISE INCL HD TRAILER TOW PACKAGE
CLOTHBUCKETSFRONT,V~LREAR INCL
130 AMP ALTERNATOR INCL
2IF 2ND ROW CLOTH SEAT $ 102.00
536 HD TRAlLER TOW PACKAGE $ 298.00
1 EXTRA KEY $ 20.00
COMPLETE SET OF MANUALS BY 4 $ 75.00 ESTIMATED DELIVERY IN 60-90 DAYS
D.
Total of C. Unpublished Options: I $
Contract Price Adjustment: I
Delivery Charges: 300 miles @ $.93/mile I $
Total of A + B + C + D + E = F J $
Quantity Ordered 4 x F = I $
H-GAC Administrative Fee [from Fee Schedule, Table AJ $600.00 PER PURCHASE ORDER I $
Non-Equip Charges & Credits I
TOTAL PURCHASE PRICE INCLUDING H-GAC FEE I $
E.
F.
G.
H.
I.
J.
1,710.00 I
279.00 I
23,416.00 I
93,664.00 I
600.00 I
94,264.00 I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-
GAL VESTON AREA COUNCIL OF GOVERNMENTS (HGAC) FOR THE ACQUISITION
OF FOUR 2006 FORD EXPEDITIONS FOR THE CITY OF DENTON POLICE
DEP ARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3418-INTERLOCAL
AGREEMENT FOR FOUR 2006 FORD EXPEDITIONS WITH HGAC AWARDED TO
PHILPOTT FORD IN THE AMOUNT OF $94,264).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Council Area of
Government (H-GAC) 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 on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, 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 file for materials,
equipment, supplies, or services, shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER
VENDOR
AMOUNT
3418
Phil pott Ford
$94,264
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file number, the City accepts the offer of the persons submitting the bids to the H-
GAC for such items and agrees to purchase the materials, equipment, supplies, or services in
accordance with the terms, conditions, specifications, standards, quantities and for the specified
sums contained in the bid documents and related documents filed with the H-GAC, and the
purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced purchase orders wish to enter into a formal written agreement as a result
of the City's ratification of bids awarded by the H-GAC, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to the H-GAC, quantities and specified sums contained in the City's File
3419, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items set forth in
the referenced purchase orders, the City Council hereby authorizes the expenditure of funds
therefor in the amount and in accordance with the approval purchase orders or pursuant to a
written contract made pursuant thereto as authorized herein
SECTION 5. 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-File 3418
~
AGENDA INFORMATION SHEET
AGENDA DATE: December 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Charles Wiley 349-7925
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance accepting competItIve bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of eleven police
sedans; providing for the expenditure of funds therefore; and providing an effective date (File
3423-lnterlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott
Ford Inc. in the amount of$257,073.85).
INTERLOCAL AGREEMENT INFORMATION
An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with
Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the
supply of goods and services.
The City of Denton joined a Metroplex Regional Co-op for the purchase of Police Sedans headed
by Tarrant County with the intention of pooling our buying power. One hundred fifty seven
governmental entities including twenty-seven counties, seventy-nine cities, twenty-one school
districts, four universities and twenty-six special districts combined to purchase approximately
2000 vehicles for the 2004-2005 contract.
Bids were solicited from 84 qualified vendors and eleven responded. The bid prices continue to
be held firm from the 2001-2002 bid award. These prices are below current State of Texas
contract and Houston Galveston Area Council of Governments (HGAC) prices for similar
vehicles.
This acquisition is for the purchase of eleven police patrol sedans. The units will replace similar
1998-year model units no longer suitable for police activities.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS)
The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98-
175). Tarrant County Commissioners Court approved the 2001/02 bids and awarded a contract
to Philpott Ford on September 18, 2001 (Bid No. 2001-125). Tarrant County Commissioners
Court renewed the contract in June 2005. Therefore, the prices remain firm through the 2005-06
fiscal year.
Agenda Information Sheet
December 6,2005
Page 2
RECOMMENDA TION
Award to Philpott Ford Inc. in the amount of $23,370.35 each for a total amount of $257,073.85
for eleven police patrol sedans.
PRINCIPAL PLACE OF BUSINESS
Philpott Ford, Inc.
Nederland, TX
ESTIMA TED SCHEDULE OF PROJECT
The estimated delivery of the vehicles is approximately 60 days.
FISCAL INFORMATION
This acquisition will be funded from Motor Pool account (810001.8535).
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet from Tarrant County (Bid 2001-125)
Attachment 2: Price Sheet for Selected Options
l-AIS-File 3423
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Attachment 2
BASE PRICE $18,907.00
2006 Ford Crown Victoria Police Interceptor 720A
4 Door Sedan Vibrant White/Charcoal Gray Interior
Options not included in Base Price:
Order
Description Code Pri ce
License plate bracket, front Code 153 $ (6.00)
Moldings, color keyed bodyside, front installed Code 96A $ 0.00
Audio AM/FM radio Code 58F $ 0.00
Decklid release Code 61H $ 39.00
Lamp, courtesy disable Code 478 $ 0.00
Lamp, driver side Code 51A $151.00
Rear door locks/handles inop Code 157 $ 0.00
Roof wiring no hole in roof Code 189 $129.00
Trunk Pack Code 14T $190.00
Windows rear power delete Code 948 $ 0.00
Horn, siren, wiring, prep Code 175 $ 40.00
Radio, 2 way pre wire Code 946 $ 20.00
Wheel Covers, full Code 642 $ 26.00
Radio suppression package Code 53M $ 60.00
Cloth front buckets, vinyl rear Standard $ 0.00
Brakes, anti-lock system Code 552 $516.00
Floor covering, rubber Standard $ 0.00
Power windows Standard $ 0.00
Attachment 2
2006 Ford Crown Victoria Police Interceptor 720A
Page 2
Wiring Conduit
Communication Tray
Fire Suppression System
Seat Side Airbags
Price Per Vehicle Including Options
Destination Charge
Total Price Per Vehicle
Code 11 7
KVC 600105
Code 605
Code 59M
$ 188.35
$ 280.00
$2500.00
$ 290.00
$23,330.35
$
40.00
$23,370.35
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF ELEVEN POLICE SEDANS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (FILE 3423-INTERLOCAL AGREEMENT FOR POLICE
SEDANS WITH TARRANT COUNTY, CONTRACT AWARDED TO PHILPOTT
FORD INC. IN THE AMOUNT OF $257,073.85).
WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited,
received and tabulated competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedure of state law on behalf
of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and
recommended that the herein described materials, equipment, supplies or services can be
purchased by the City through the Tarrant County Cooperative Purchasing programs at
less cost than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the
appropriation of funds to be used for the purchase of the materials, 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 purchase order for
materials, equipment, supplies, or services, shown in the "File Number" listed hereon,
and on file in the office of the Purchasing Agent are hereby accepted and approved as
being the lowest responsible bids for such items:
FILE
NUMBER
VENDOR
AMOUNT
3423
Philpott Ford Inc.
$257,073.85
SECTION 2. By the acceptance and approval of the above numbered items set
forth in the attached purchase orders, the City accepts the offer of the persons submitting
the bids to Tarrant County for such items and agrees to purchase the materials,
equipment, supplies or services in accordance with the terms, conditions, specifications,
standards, quantities and for the specified sums contained in the bid documents and
related documents filed with Tarrant County (Bid 2001-125), and the purchase orders
issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted
items wish to enter into a formal written agreement as a result of the City's ratification of
bids awarded by the Tarrant County, the City Manager or his designated representative is
hereby authorized to execute the written contract which shall be attached hereto; provided
that the written contract is in accordance with the terms, conditions, specifications and
standards contained in the Proposal submitted to the Tarrant County, quantities and
specified sums contained in the City's purchase orders, and related documents herein
approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items set
forth, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approval purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION 5. 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- FILE 3423
AGENDA INFORMATION SHEET
AGENDA DATE: December 6,2005
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 of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of Promotional Commercials from Comcast
Advertising, Denton, Texas, pertaining to Denton Municipal Electric, which are available from
only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local
Government Code exempting such purchases from the requirements of competitive bidding; and
providing an effective date (File 3434-Comcast Advertising in the amount of $48,360). The
Public Utility Board approved this item by a vote of 5-0).
FILE INFORMATION
Since 1999, DME has used customer surveys to determine the most effective ways to provide its
customer base with valuable information. Based on these surveys, cable television is one of the
primary ways that customers obtain their information about Denton Municipal Electric and the
City of Denton. The University of North Texas conducted the latest customer survey in January
of 2004. The survey measured the continued effectiveness of cable television as a source for
reaching DME's customers. The survey indicated that more than 57% of residents surveyed
subscribed to Charter Cable Communications and 63.2% had seen DME's informational
commercials. Customers still rated cable television as one of the top three best ways to get
information to them about electric services.
Starting in 1999, DME has presented a variety of themes to its customers covering deregulation,
energy conservation; programs available to customers such as Energy Audits, Budget Billing,
Pre-Authorized Bill Payments, eCARE, GreenSense, P-L-U-S One, Energy Save; and DME's
100 Years of Service. With natural gas prices continuing to increase, DME believes that
customers will strongly benefit from an energy conservation campaign. The main focus of the
2006 campaign will be to educate customers on various methods of energy conservation and
services, which can help them control their electric bills. Cable television is only one source that
will be used in the campaign. DME will also utilize bill stuffers, the utility bill message section,
customer service display stand, brochures, various print material, customer mailings, DME's
web site, public information booths at community events, customer workshops, energy audits,
local magazines, newspapers, local radio station, schools, apartment complex managers, and
realtors.
Agenda Information Sheet
December 6,2005
Page 2
FILE INFORMATION(CONTINUED)
Comcast Advertising is the only local cable television advertising provider in the City of Denton
and thus the sole source for providing advertising services. Section 252.022 of the Local
Government Code provides that procurement of items that are only available from one source do
not have to be competitively bid.
PRIOR ACTIONIREVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its November 14, 2005 meeting.
RECOMMENDA TION
Award to Comcast Advertising in the amount of $48,360.
PRINCIPAL PLACE OF BUSINESS
Comcast Advertising
Denton, TX
ESTIMA TED SCHEDULE OF PROJECT
The schedule for advertisements runs from December 12, 2005 through September 24,2006.
FISCAL INFORMATION
Funding will be provided from account 600900.7912.9130A.
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 : Adverti sing Schedule
l-AIS-File 3434
Attachment 1
Denton Municipal Electric
Cable TV Schedule 2005-2006
Network Start End Total Soots Tot. Amt.
1.CNN 12/12/05 9/24/06 1092 $11,232
2. Discovery 12/12/05 9/24/5 668 $12,356
3. Fox N. 12/12/05 9/24/06 780 $7 ,540
4. HGTV 12/12/05 9/24/06 892 $16,712
5. MSNBC 12/12/05 9/24/06 260 $520
Campaign Total: 3,692 commericals
Total Cost: $48,360
ORDINANCE NO. 2004
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF PROMOTIONAL COMMERCIALS FROM COMCAST
ADVERTISING, DENTON, TEXAS, PERTAINING TO DENTON MUNICIPAL
ELECTRIC, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE
TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 3434-COMCAST ADVERTISING IN THE AMOUNT OF
$48,360).
WHEREAS, 9252.022(a)(7) of the Texas Local Government Code provides that
procurements of certain items or services that are only available from one source, as
described therein, need not be submitted to the competitive bid process; and
WHEREAS, the City Council wishes to purchase promotional commercial spots
pertaining to Denton Municipal Electric ("DME") from the City's sole local cable
provider, Comcast Advertising, which services are presently available from only one
source, and are permitted in accordance with 9252.022 of the Texas Local Government
Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of services, as described in the "File
Number" listed below, and on file in the office of the City's Purchasing Agent, is hereby
authorized and approved:
FILE NUMBER
VENDOR
AMOUNT
3434
Comcast Advertising
$48,360
SECTION 2. The acceptance and approval of the above item shall not constitute
a contract between the City and Comcast advertising submitting the price quotation for
such commercials until Comcast Advertising shall comply with all requirements specified
by the City's Purchasing Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts or
other related documents relating to the item specified in Section 1. hereof, and the
expenditure of funds pursuant to said contract or written order, is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY.~
3-0RD-File 3434
day of
,2005.
EULINE BROCK, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: December 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Jon Fortune
.
SUBJECT
Consider adoption of an Ordinance awarding an annual contract for the purchase of a CASE 590
Loader/Backhoe for the City of Denton Street Department, as awarded by the State of Texas
Building and Procurement Commission; providing for the expenditure of funds therefor; and
providing an effective date (File 3424 to Future Equipment in the amount of $74,333).
BID INFORMATION
This contract is for the acquisition of a 94 horsepower loader/backhoe. The price is taken from
the State of Texas Building and Procurement Commission Contract Class765 Al Product Code
765-87-10-1205 awarded to Future Equipment.
This unit is a fleet addition for the Street Maintenance Division and will replace a long-term
rental unit. As a result, considerable savings will be generated over the life expectancy of this
uni t.
RECOMMENDA TION
Award to Future Equipment in the amount of$74,333.
PRINCIPAL PLACE OF BUSINESS
Future Equipment
Dallas, Texas
ESTIMA TED SCHEDULE OF PROJECT
Delivery is estimated to be from 30-60 days after receipt of an order.
FISCAL INFORMATION
This item will be funded utilizing an internal lease from Motor Pool, which is to be repaid over a
36 month time period from Street Department budget funds.
Agenda Information Sheet
December 6,2005
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: State of Texas Contract Price from Future Equipment
l-AIS-File 3424
Attachment 1
November 14,2005
Product Pricing Sheet
(Prepared for City of Denton)
Re: Texas Building and Procurement Commission Contract Class 765 Al
Product Code: 765-87-10-1205
Product Description: CASE 590 Super M Series 2 Loader/Backhoe per the
manufacturer's Standard Features in the 2WD/ROPS Canopy configuration plus:
Suspension Seat, Street Type Stabilizer Pads, 1.3 cu. yd. Loader Bucket w/ B.O.E.,
Backhoe Auxiliary Hydraulics, Strobe Light, 1,000 hr. Filter Set.
Base Machine Price ....... . . . . . . . . . . . . . . . . . $ 53,696.00
Published Options:
#765-87-10-1239 - 24" Backhoe Bucket. $ 710.00
#765-87-10-1296 - Extendahoe . . . . . . . .. $ 3,181.00
#765-87-10-1312 - Cab w/ Heat & A.C. . . . $ 4,938.00
Total- TBPC Contract Pricing. . . . . . . . .. $ 62,525.00
Unpublished Options:
Four Wheel Drive. . . . . . . . . . . . . . . . . . .. $ 6,807.00
Ride Control. . . . . . . . . . . . . . . . . . . . . $ 1,060.00
AM/FM Radio . . . . . . . . . . . . . . . . . . . $ 475.00
Flip Stabilizer Pads. . . . . . . . . . . . . . . . $ 517.00
Pilot/Joystick Backhoe Controls. . . . . . . .. $ 1,080.00
Backhoe Mechanical Thumb. . . . . . . . . . . . $ 1,869.00
Total Published Options (19%) . . . . . . $ 11,808.00
Machine Total. . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 74,333.00
ORDINANCE NO.
AN ORDINANCE AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF A CASE
590 LOADER/BACKHOE FOR THE CITY OF DENTON STREET DEPARTMENT, AS
AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 3424 TO FUTURE EQUIPMENT IN THE AMOUNT OF $74,333).
WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement
Commission 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 on behalf
of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the Building and Procurement programs at less cost than the City would expend ifbidding
these items individually; 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 purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
NUMBER
VENDOR
AMOUNT
3424
Future Equipment
$74,333
SECTION 2. By the acceptance and approval of the above numbered items set forth in File
3424, the City accepts the offer of the persons submitting the bids to the Building and Procurement
Commission for such items and agrees to purchase the materials, equipment, supplies or services in
accordance with the terms, conditions, specifications, standards, quantities and for the specified
sums contained in the bid documents and related documents filed with the Building and Procurement
Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards contained
in the Proposal submitted to the Building and Procurement Commission, quantities and specified
sums contained in the City's purchase orders, and related documents herein approved and accepted.
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- 3424
AGENDA INFORMATION SHEET
AGENDA DATE:
December 6, 2005
DEPARTMENT:
Tax
ACM:
Jon Fortune
II
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name Reason Tax Amount
Year
2. DCAD 2004
4. Donald & Amber 2003 $ 642.86
6. Corral Group Inc DCAD Supplemental Change 2003 $ 620.82
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $7,197.95.
Respectfully. submitted:
AwA' a.
l ~ .~
h . I.,' j' _.,
.. '''; ,
. -
Jo.='"~ ~~
Diana G. Ortiz
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE: December 6,2005
DEPARTMENT: Fire
ACM:
Jon Fortune II
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
Mayor to execute an interlocal ambulance agreement between the City of Denton and Denton
County for ambulance services; and declaring an effective date.
BACKGROUND
The interlocal agreement for ambulance service between the City of Denton and Denton County
began in 1980 and provides for emergency medical service to Denton County within the
designated area (see map). Each year a new agreement and ordinance is presented to the Denton
City Council for the next fiscal year approving the fee the County will pay to the City of Denton
for service using a County-wide funding formula based on population served, number of
ambulance calls in the County area and the rural square miles in the County. The population and
mileage figures used are based on numbers obtained from the North Central Texas Council of
Governments.
Denton County has budgeted $800,000 for ambulance funding in FY 2006. The total estimated
fee of $221,402.12 as Denton's share is based on the funding formula of 33% for readiness; 33%
for number of runs; and 33% for rural square miles with the following estimated ratios:
1. A fixed readiness sum for a population of 124,957 based on $0.4736 per capita for an
estimated maximum amount of $59,181.91.
2. A sum of $376.6469 per ambulance run estimated to be 235 runs for an estimated
maximum amount of$88,512.02. This sum is based upon the number of runs made in the
County areas for fiscal year 2005.
3. A fixed sum of $467.1876 per rural square mile based on 157.77 rural miles in the agreed
operating territory for an estimated maximum amount of $73,708.18.
This ongoing interlocal agreement is often delayed in the County's legal approval process, which
also includes review by the Denton County Fire Chiefs Association as well as approval by the
Commissioners Court as part of their budget process. Even though the contract is approved after
its starting date, the agreement still remains effective from October 1, 2005 with no reductions in
revenues. Last year's contract was approved by the City Council on February 22, 2005.
OPTIONS
Approve ordinance amendment or deny ordinance amendment.
RECOMMENDA TION
Staff recommends the approval of the proposed amendment to the ordinance.
FISCAL INFORMATION:
The estimated ambulance fee for the County is $221,402.12, which is an increase from the last
contract amount of $188,055.00 due to an increase in funding by the County based on
recommendations from the City of Denton City Council.
EXHIBITS:
Ordinance
Agreement
District Map
Respectfully submitted:
!_-d
- - .~ ...
Ross Chadwick
Fire Chief
L.:\Our Doc.umentslOrdmiUlceS'105\oJmbEllam:e 3greetn(':Jl:1 county.doc:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton hereby approves an Agreement
between the City of Denton and Denton County for ambulance services, a copy of which is
attached hereto and incorporated by reference herein. The Mayor, or in her absence, the Mayor
Pro Tern, is hereby authorized to execute this Agreement on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ED~NYDER,-etTYA:
/ ,-
~
, ,
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT is made and entered into this _ day of
. 2005,
by and between Denton County, a political subdivision of the State of Texas, hereinafter referred
to as "COUNTY" and the City of Denton, a municipal corporation, located in Denton County,
Texas, hereinafter referred to as "AGENCY".
WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, AGENCY is a municipal corporation, duly organized and operating under
the laws of the State of Texas and engaged in the provision of ambulance service and related
services for the benefit of the citizens of Denton; and
WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other
equipment designed for the transportation of persons who are sick, infirmed, or injured and has
in its employ trained personnel whose duties are related to the treatment of said individuals and
the use of such vehicles and equipment; and
WHEREAS, COUNTY desires to obtain emergency ambulance and related services for
the benefit of residents of COUNTY living in unincorporated areas of COUNTY which
AGENCY is capable of providing; and
WHEREAS, the provision of emergency ambulance and related servIces IS a
governmental function that serves the public health and welfare and is of mutual concern to both
COUNTY and AGENCY; and
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICBS 05-06
WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Section 774.003, Health and Safety Code,
NOW THEREFORE, COUNTY and AGENCY, III consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period of October 1, 2005 to and through
September 30, 2006.
II.
DEFINITIONS
As used herein, the words and phrases hereinafter set forth shall have the meanings as
follows:
A. "Emergencyll shall mean any circumstance that calls for immediate action and in
which the element of time in transporting the sick, wounded or injured for medical treatment is
essential to the health or life of a person or persons. Whether an emergency, in fact, exists is
solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall
include, but not be limited to:
1. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location within the agreed
operating area of AGENCY to a place where emergency medical treatment may be obtained; or
2. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location within the agreed
operating area of AGENCY to the closest medical facility;
INTERLOCAL COOPERATION AGREEMENT
AMBuLANCE SBRVJ:CIlS 05 -06
2
B. "Rural area" means any area within the boundaries of COUNTY but outside the
corporate limits of all incorporated cities, towns and villages within COUNTY.
c. "Urban area" means any area within the corporate limits of an incorporated city, town
or village within COUNTY.
D. "Emergency ambulance calpt means a response to a request for ambulance service by
the personnel of AGENCY in a situation involving an emergency, as defined above, by an
ambulance vehicle. A single response to a call may involve the transportation of more than one
person at a time but shall be considered as only one call.
III.
SERVICES
The services to be rendered under this Agreement are the ambulance services normally
rendered by AGENCY to citizens of Denton in circumstances of emergency but which services
will now be extended to all citizens of COUNTY residing in the unincorporated areas of
COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY
and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and incorporated
by reference.
It is recognized that the officers and employees of AGENCY have the duty and
responsibility of rendering ambulance services to citizens of AGENCY and COUNTY. In the
performance of these duties and responsibilities, it shall be within the sole responsibility and
discretion of the officers and employees of AGENCY to determine priorities in the dispatching
and use of such equipment and personnel and the judgment of the officer or employee shall be
final.
INTERLOCAL COOPERATION AGREEMENT
AMBlJLANCIIl SIIlRVrCl!:S 05-06
3
IV.
PERFORMANCE OF SERVICES
AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of AGENCY under this and shall provide immediate and direct
supervision of the AGENCY employees, agents, contractors, sub-contractors and/or laborers
engaged in the performance of this Agreement for the mutual benefit of AGENCY and
COUNTY.
V.
LIAISON OFFICER
COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve
as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated
substitute shall devote sufficient time and attention to insure the performance of all duties and
obligations of COUNTY under this Agreement and shall provide for the immediate and direct
supervision of employees, agents, contractors, sub-contractors and/or laborers of COUNTY
engaged in the performance of this Agreement.
VI.
COMPENSATION
COUNTY agrees to pay to AGENCY an estimated fee of $221,402.12 based on a
funding formula as follows:
1. A fixed readiness sum based on population based on .4736 per capita of
$59,181.91.
2. The sum of $376.6469 per ambulance run for an estimated maximum amount
of $88,512.02. This sum is based upon the number of runs made by
AGENCY in fiscal year 2005.
INTERLOCAL COOPERATION AGREEMENT
AMBULANCI! SI!ItVICES 05- 06
4
XII.
GOVERNMENTAL IMMUNITY
The fact that COUNTY and AGENCY accept certain responsibilities relating to the
rendering of ambulance services under this Agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and is hereby, invoked to the extent possible under the law. Neither
AGENCY nor COUNTY waives nor shall be deemed hereby to waive any immunity or defense
that would othelWise be available to it against claims arising from the exercise of governmental
powers and functions.
XN.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between AGENCY and
COUNTY and supersedes all prior negotiations, representations and/or Agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
parties.
xv.
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.
XVI.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full
INTERLOCAL COOPERATION AGREEMENT
AMBU!:.ANCIl SIlRVICES 05- 06
7
force and effect to the extent possible.
XVII.
AUTHORITY
The undersigned officer and/or agents of are the properly authorized officials and have
the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY.
EXECUTED in duplicate originals, this the _ day of
2005.
COUNTY:
AGENCY:
Denton County, Texas
110 West Hickory
Denton, Texas 76201
City of Denton
332 E. Hickory Street
Denton, Texas 76201
By:
Mary Horn
Denton County Judge
By:
Name Euline Broc.k
Title Mayor
Acting on behalf of and by
the authority of Denton County
Commissioners Court of Denton, Texas
Acting on behalf of and by the
authority of the City of Denton
ATTEST:
BY:
ATTEST:
Cynthia Mitchell
Denton County Clerk
Jennifer Walters, City Secretary
APPROVED AS TO CONTENT:
.-,/
Denton County Fire Marshal
APPROVED AS TO FORM:
Assistant District Attorney
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICES 05- 06
8
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of$
accomplish and pay the obligation of Denton County under this contract.
INTERJ:.OCAL COOPERATION AGREEMENT
AMB'O't.ANCE SERVICES 05-06
James Wells, Denton County Auditor
to
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AGENDA INFORMATION SHEET
AGENDA DATE: December 6,2005
DEPARTMENT: Fire
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
Mayor to execute an interlocal fire protection agreement between the City of Denton and Denton
County for fire protection services; and declaring an effective date.
BACKGROUND
The interlocal agreement for fire service between the City of Denton and Denton County
provides fire protection services by the Denton Fire Department to the County areas previously
served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake
Cities Fire District now adjacent to the newly annexed City property in the southwest portion of
Teasely (FM 2181) as shown on the attached map.
In 2003, Denton County requested that the City of Denton provide fire protection to the
designated area due to Mayhill-Cooper Creek's continuing lack of sufficient resources to provide
a proper response to fire calls. The County also requested in 2004 that the City respond to a
small area next to the new DISD high school on FM 2181 and Old Alton Road since the City of
Denton's response time to the area is much quicker than Lake Cities Fire Department. This
contract will be for a period of one year.
This ongoing interlocal agreement is often delayed in the County's legal approval process, which
also includes review by the Denton County Fire Chiefs Association as well as approval by the
Commissioners Court as part of their budget process. Even though the contract is approved after
its starting date, the agreement still remains effective from October 1, 2005 with no reductions in
revenues.
OPTIONS
Approve ordinance amendment or deny ordinance amendment.
RECOMMENDA TION
Staff recommends the approval of the proposed amendment to the ordinance.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
On February 1,2005, the City Council discussed the Fire Contract with Denton County Program
and gave Staff direction to continue the agreement for FY2004/2005, which was approved by the
Council on February 22,2005.
FISCAL INFORMATION
Denton County will pay the City $10,000 upon execution of the proposed agreement and
reimburse the City for each fire call at the rate of $368.10 per fire call. The annual estimate for
the reimbursement of fire calls is $54,110.70 based on 147 runs in 2005. This is an increase
from the 2005 contract of$30,184.20.
EXHIBITS
Ordinance
Agreement
District Map
Respectfully submitted:
Ross Chadwick
Fire Chief
L\OlJr Documents\Ordinam::e~S\firc protectim agreement oounty.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL FIRE PROTECTION
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR FIRE
PROTECTION SERVICES; AND DECLARING AN EFFECTNE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton hereby approves an Agreement
between the City of Denton and Denton County for fire protection services, a copy of which is
attached hereto and incorporated by reference herein. The Mayor, or in her absence, the Mayor
Pro Tern, is hereby authorized to execute this Agreement on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
6
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this day of, ,2005,
by and between Denton County, a political subdivision of the State of Texas, hereinafter referred
to as "COUNTY" and the City of Denton, a municipal corporation, located in Denton County,
Texas, hereinafter referred to as "AGENCY".
WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county govennnent and related services for the benefit of the
citizens of Denton County; and
WHEREAS, AGENCY is a municipal corporation, duly organized and operating under
the laws of the State of Texas and is engaged in the provision of fire protection services and
related services for the benefit of the citizens of Denton; and
WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and
other equipment designed for the extinguishing of fire and prevention of damage to property and
injury to persons from fire and has in its employ trained personnel whose duties are related to the
use of such vehicles and equipment; and
WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Chapter 352 of the Local Government Code,
NOW, THEREFORE, COUNTY and AGENCY, for the mutual promises, covenants,
Agreements and consideration stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period of October 1, 2005 to and through
September 30, 2006.
II.
SERVICES
The services to be rendered in accordance with this Agreement by AGENCY are the fire
protection services normally rendered by AGENCY to citizens of Denton but which services
will now be extended to all citizens of COUNTY residing in the unincorporated areas of
FIRE CONTRACT 2005-06
COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY
and COUNTY in this Agreement and as set forth in Exhibit A. These services are rendered in
consideration of the basic funding and the separate per call fee set forth in this Agreement; for
the common good and benefit; and to serve the public convenience and necessity of the citizens
of COUNTY who are not otherwise protected with respect to fire prevention, extinguishment,
safety, and rescue services. The services to be rendered are as follows:
A. AGENCY shall make available and provide emergency fire prevention,
extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction
of the AGENCY;
B. AGENCY shall respond to requests for fire protection services made within
COUNTY as set out in Exhibit "An attached hereto and incorporated by reference.
C. COUNTY agrees that, in the event a fire in the AGENCY's unincorporated
designated area which AGENCY considers to be of incendiary nature and upon request by
AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within
a response time sufficient to legally maintain and protect all evidence of said fire and will
conduct all appropriate investigation and assist in the prosecution of any case of arson.
AGENCY shall not be responsible for investigations of suspected incendiary fires in the
unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating
all pertinent information possible to the investigator(s).
D. COUNTY agrees that the County Fire Marshal may assist in the conduct of
appropriate investigations of a fire which AGENCY considers to be of incendiary nature in the
AGENCY's incorporated designated area upon request by AGENCY.
E. AGENCY shall submit monthly statements on the Texas Fire Incident Reporting
System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton,
Texas 76210-4010. This form will serve as the billing statement to COUNTY for reimbursement
of calls made in the unincorporated designated area. The Denton County Fire Marshal shall
provide the forms upon request from AGENCY.
F. AGENCY, in the performance of its duties and responsibilities under this Agreement,
shall have the responsibility, within the sole discretion of the officers and employees of
AGENCY except as otherwise determined by the Denton County Fire Marshal, to determine
FIRE CONTRACT 2005-06
2
priorities in the dispatching and use of AGENCY equipment and personnel, and the judgment of
any such officer or employee as to any such matter shall be the final determination.
III.
LIASON OFFICER
COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve
as. 11 Liaison Officerl1 between COUNTY and AGENCY. The County Judge or her designated
substitute shall devote sufficient time and attention to this Agreement to insure the performance
of all duties and obligations of COUNTY and provide supervision of COUNTY's employees,
agents, contractors, sub-contractors and/or laborers engaged in the performance of this
Agreement for the mutual benefit of COUNTY and AGENCY.
N.
PERFORMANCE OF SERVICE
AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and
COUNTY.
V.
COMPENSATION
COUNTY agrees to pay to AGENCY for the full performance of services as provided in
this Agreement the sum of TEN THOUSAND AND NOIlOOTHS DOLLARS ($10,000.00),
payable upon execution of this Agreement, and the further sum of THREE HUNDRED SIXTY-
EIGHT AND 10/100TH DOLLARS ($368.10) per fire call in the designated unincorporated
areas of COUNTY from October 1, 2005 to September 30, 2006. COUNTY anticipates
AGENCY to run approximately 147 fire calls for a total funding of $54,110.70 for fire calls.
The total of all payments by COUNTY to AGENCY pursuant to this Agreement is estimated to
be $64,110.70. COUNTY will make no payment to AGENCY for service provided outside the
agreed service district whether by mutual aid Agreement or otherwise. AGENCY understands
and agrees that payment by the COUNTY to AGENCY shall be made in accordance with the
normal and customary processes and business procedures of COUNTY and in conformance with
applicable state law.
FIRE CONTRACT 2005-06
3
VI.
RADIOS
As additional compensation to AGENCY, COUNTY has transferred ownership of a
STX 800 Mhz radio to AGENCY in carrying out the terms of this contract. No Agreement has
been made for any additional radios now or in the future, which has been previously provided in
earlier contracts for use by AGENCY.
VII.
FINANCIAL RECORDS
AGENCY agrees to make available its financial records for audit and/or review as may
requested or required by COUNTY.
VIII.
RESPONSIBILITY OF COUNTY
COUNTY, to the extent allowed by law, shall be responsible for the acts, negligence,
and/or omissions of all officers, employees, and agents of COUNTY while engaged in the
performance of this Agreement.
IX.
RESPONSIBILITY OF AGENCY
AGENCY, to the extent allowed by law, shall be responsible for the acts, negligence,
and/or omissions of all officers, employees, and agents of AGENCY while engaging in the
performance of this Agreement.
X.
APPLICABLE LAW
COUNTY and AGENCY understand and agree that liability under this contract is
governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code
Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the
Agreement. Insofar as legally possible COUNTY and AGENCY agree to be bound by the
above mentioned statutes as they exist as ofthe date of this Agreement.
XI.
DEFAULT
In the event of any default in any of the covenants herein contained, this Agreement may
be forfeited and terminated at either party's discretion if such default continues for a period often
FIRE CONTRACT 2005-06
4
(10) days after notice to the other party in writing of such default and intention to declare this
Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate
as if that were the day originally fixed herein for the expiration ofthe Agreement.
XII.
TERMINATION
This Agreement may be terminated any time, by either party giving sixty (60) days
advance written notice to the other party. In the event of such termination by either party,
AGENCY shall be compensated pro rata for all services performed to termination date, together
with reimbursable expenses then due and as authorized by this Agreement. In the event of such
termination, should AGENCY be overcompensated on a pro rata basis for all services performed
to termination date, and/or be overcompensated reimbursable expenses as authorized by this
Agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance
of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of
this Agreement.
XIII.
GOVERNMENTAL IMMUNITY
The fact that COUNTY and AGENCY accept certain responsibilities relating to the
rendition of fire protection services under this Agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be and it is hereby invoked to the extent possible under the law. Neither
AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising from the exercise of government
powers and functions.
XIV.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between AGENCY and
COUNTY and supersedes all prior negotiations, representations and/or Agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
AGENCY and COUNTY.
FIRE CONTRACT 2OOS..()6
5
xv.
LAW OF CONTRACT
This Agreement and any of its terms and provision, as well as the rights and duties of the
parties hereto. shall be governed by the laws of the State of Texas.
XVI.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law. it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
XVII.
AUTHORITY
The undersigned officer and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
XVill.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit" An.
EXECUTED in duplicate originals, this the
COUNTY
day of
AGENCY
2005.
Denton County, Texas
11 0 West Hickory
Denton. Texas 76201
City of Denton
332 E. Hickory St.
Denton, Texas 76201
Mary Horn
Denton County Judge
By
Name Euline Brock, Mayor
By
Acting on behalf of and by
the authority of Denton County
Commissioners Court of
Denton County. Texas.
Acting on behalf of and by the
authority of the City of Denton
FIRE CONTRACT 2005-06
6
ATTEST:
ATTEST:
BY:
Denton County Clerk
Cynthia Mitchell
By:
Jennifer Walters, City Secretary
Assistant District Attorney
APPROV~E,.D.....AS. ..TO L~~~_~ F~~'~--)
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APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Denton County Fire Marshal
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $
accomplish and pay the obligation of Denton County under this contract.
to
James Wells, Denton County Auditor
FIRE CONTRACT 2OOS-06
7
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AGENDA INFORMATION SHEET
AGENDA DATE: December 6,2005
DEPARTMENT: Fire
ACM:
Jon Fortune II
SUBJECT
Consider adoption of an ordinance approving an Interlocal Ambulance Agreement between the
City of Denton and the City of Sanger for ambulance service; and declaring an effective date.
BACKGROUND
The Interlocal Agreement for Ambulance Service between the City of Denton and the City of
Sanger began in 1980 and provides for the continuation of emergency medical services to the
small cities within our service area. The revenue generated from ambulance transport fees only
recovers a portion of our actual costs to provide service to the small cities. The City of Sanger
now stands as the only small city that the City provides contacted emergency ambulance service.
The City of Ponder dropped out last fiscal year and now contracts with the City of Krum.
Since 1998, the City has incrementally increased the charge to small cities to help recover the
actual cost of providing the service. In addition to the increasing cost of providing ambulance
service, the number of ambulance runs being made to small cities has continued to slightly
increase. The proposed per capita charge of $20.00 combined with the ambulance transport fees
still recovers only a portion of the City's costs to provide that service.
In 2005, the City of Denton responded into the Sanger area 580 times. We anticipate a slight
increase of emergency responses to Sanger in 2006. The population total of 5,300 was obtained
from the North Central Texas Council of governments.
This ongoing interlocal agreement is often delayed by the City of Sanger's legal approval
process as well as approval by their City Council. We submit the agreement to the City of
Sanger as part of the City of Denton's budget process and direction from the City Council on the
contract amount; however, it often takes several months to receive it back. Even though the
contract is approved after its starting date, the agreement still remains effective from October 1,
2005 with no reductions in revenues.
OPTIONS
Approve the ordinance amendment or deny ordinance amendment.
RECOMMENDA TION
Staff recommends the approval of the proposed amendment to the ordinance.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
Council approved this agreement last year on February 22, 2005 and in all years since 1980. The
contract amount has changed from $18.00 per capita in FY04-05 to $20.00 in FY05-06.
On February 1, 2005, the City Council discussed the Small Cities Emergency Ambulance
Program and gave Staff direction to continue the program and to continue to raise rates each year
with the eventual goal of full cost recovery.
FISCAL INFORMATION
Cost recovery from this agreement in FY05/06 will total $106,000, which is an increase from the
$86,400 received in FY04-05.
Respectfully submitted:
Ross Chadwick
Fire Chief
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AGENDA INFORMATION SHEET
AGENDA DATE:
December 6, 2005
DEPARTMENT:
City Manager's Officea
CM/DCM/ACM:
Michael A. Conduff, City Manager
SUBJECT:
Consider approval of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Denton Festival Foundation to support the 2006 Arts and Jazzfest;
providing for the expenditure of funds therefore; and providing for an effective date.
BACKGROUND:
This agreement allows for the expenditure of $500 each from Mayor Pro Tern McNeill,
Councilmember Montgomery and Thomson's Contingency Fund allocation. Key provisions of
the agreement include:
· Funds shall be used to help pay costs and expenses directly related to the headliner and/or
entertainment cost of the festival held in April of 2006
· In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
PRIOR ACTIONIREVIEW (Council, Boards, Commission)
Funds have been approved for the Arts and Jazzfest for the past several years by the City
Council.
FISCAL INFORMATION
Payment will be made from amount budgeted in each of the three Councilmembers' contingency
funds accounts.
Respectfully submitted:
~ f?am.tt>-~
Pamela Rambo-Estill
Sr. Assistant to the City Manager
DEN TON
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~ ~
FESTIVAL
Jack Thompson
City Council Member
City of Denton
215 East McKinney
Denton, TX 76201
DENTON ARTS AND JAZZ FESTIVAL 2006
April 28, 29 and 30, 2006 - Civic Center Park
Thank you for your generous support of the 2005 Denton Arts and Jazz Festival. Your
donation of $500.00 helped promote the event as a major regional festival and one of
the largest tourist attractions in the north Texas area. The 2005 event broke attendance
records, with an estimated crowd of 200,000 plus enjoying the celebration of music and
the arts FREE OF CHARGE. This would not be possible without the assistance of our
annual sponsors.
We hope that we can count on you again in 2006. Your participation will ensure
continued growth and help maintain the artistic quality for which we are known. We
have increased sponsor benefits for the coming year, so please review the enclosed
information; select the category best suited to you and return the completed form as
soon as possible.
Thanks again for your continued support and we look forward to working with you again
in the coming year.
Sincerely,
~
@~
Kathleen Duffy
President
Carol Short
Festival Director
Denton Festival Foundation
P.O. Box 2104 · Denton, Texas 76202 · (940) 565-0931
Fax (940) 566-7007 · www.dentonjazzfest.com
D~Nro~~!~AN-D~FE~l","TA~ ~
Civic Center Park _ Denton Texas ::.0 "'~ ~ . '.A: '"
,
The Denton Community comes together once a year for a 2 1I2-day "arts in the park" celebration! As a
sponsor, your contribution helps produce the largest arts event in Denton County - attracting 200,000 guests
to this major regional festival from 103 Texas cities and 30 states last year. Enjoy great Jazz. Rhythm & Blues
and Cross Cultural Music along with Community. School and University Performances all on 6 stages. The
park setting includes Fine Arts & Crafts. Children's Art Tent. Food, Games, Clowns, representation of Non-Profit
Organizations and much more! Admission is Free! The Denton Arts & Jazz Festival promotes tourism, stimulates
the economy and takes pride in the community wide participation. Booth rentals and Denton Festival Foundation
concessions have benefitted arts facilities, park preservation projects and many service organizations totaling
$191,382.79 since 1980. Please join us as a Sponsor for 2006. Your support will help continue the high quality
of entertainment and artistic endeavors that have brought recognition to our community.
For more information or to inquire about booth space or membership call:
(940) 565-0931 or fax (940) 566-7007
www.dentonjazzfest.com
SPONSORSHIP OPPORTUNITIES
Each sponsor category from $3,000 to $50,000 has different opportunities for marketing your
company and supporting the Denton Arts & Jazz Festival. Please call (940) 565-0931 for details and
more information about sponsoring the annual event.
SPONSORSHIPS
Presenting.................................. $50,000 +
Endowment.................,............. $40,000 +
Star........................................... $30,000+
Benefactor................................. $20,000+
Advocate.................................... $10,000+
Sustaining................................,.... 5,000 +
Headliner......... ......., ......... .. .. ..., ..... 3,000 +
Major............................................ 2,000 +
Producer ............ ...... ............. ......... 1,000+
Patron............................................... 500+
Supporting....................................... 250+
Contributing..................................... 100 +
Friend...................................,............. 50 +
-- uera-ch andMaii
after Jan.1
Please return this form and make
checks payable to:
DENTON FESTIVAL FOUNDATION
P.O. Box 2104
Denton, Texas 76202
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Please bill me before Jan. 1
Enclosed is my contribution of $
YES, I will donate in kind services totaling $
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S:\Our Documents\Ordinances\05\Denton Festival Foundation-Jazz Fest 2006.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION FOR
SUPPLEMENTAL FUNDING FOR THE ARTS AND JAZZ COMMITTEE FOR THE 2006
DENTON ARTS AND JAZZ FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Festival Foundation (the "Organization") provides for the annual
Denton Arts and Jazz Festival including the 2006 Festival (the "Program"); and
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
agreement between the City and the Organization attached hereto and made a part hereof by
reference (the "Agreement") serve a municipal and public purpose including the promotion of
tourism and economic development and the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement, including
the expenditure of funds as provided in the Agreement.
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 T LEGAL FORM:
EDWINM. S , CITY ATTORNEY
BY:
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON FESTIVAL FOUNDATION
1HIS AGREEMENT is made between the City of Denton, Texas, a municipal corporation
(the "CITY"), and the Denton Festival Foundation, Inc. a legal entity incorporated under the laws of
the State of Texas (the "FOUNDATION"):
WHEREAS, on September 20th, 2005 the CITY and FOUNDATION entered into that
certain agreement for the 2006 calendar year to provide for services related to the promotion of
tourism which was funded with hotel and motel tax. revenue (the "Hot Funds Agreement"); and
WHEREAS, a main purpose of the Hot Funds Agreement was to help implement the annual
Denton Arts and Jazz Festival (the "Festival") held in April of2006; and
WHEREAS, the Foundation has requested supplemental funding for the 2006 Festival in
addition to annual request for HOT funds; and
WHEREAS, the Festival and this agreement serve an important public purpose in promoting
tourism and economic development in Denton;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the CITY and the FOUNDATION agree and contract as follows:
I. PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by the
FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION the sum of
$1,500.00 for the cost of headlines and entertainment fees. Payment of the funds shall be made
upon the effective date of this Agreement. The funds provided herein are not Hotel Tax Revenue
funds but are general funds of the CITY.
II. USE OF REVENUE
2.1 Use of Funds. For and in consideration of the payment by the CITY to the FOUNDATION of
the agreed funds the FOUNDATION agrees to use such funds only for the purpose stated in Section
1.1 above.
III. RECORDKEEPING AND REPORTING REQUIREMENTS
3.1 Financial Records. The FOUNDATION shall maintain complete and accurate financial
records of each expenditure of the funds made by the FOUNDATION. Upon reasonably advance
written request of the Denton City Council, the City Manager or designate, or any other person,
shall make such financial records available for inspection and review by the party making the
request. FOUNDATION understands and accepts that all such financial records, and any other
records relating to this Agreement shall be subject to the Public Information Act, TEx. GoV'T CODE,
ch. 552, as hereafter amended.
3.2 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY
reasonable advance written notice of the time and place of all meetings of FOUNDATION's Board
of Directors, as well as any other meeting of any constituency of the FOUNDATION at which this
Agreement or any matter the subj ect of this Agreement shall be considered. This provision shall not
be deemed to require the FOUNDATION to give notice of any executive session of the Executive
Committee of the FOUNDATION.
N. TERl\1
4.1 Term. The term of this Agreement shall commence on the Effective Date and terminate
upon completion of activities and expenditures associated with the 2006 Festival.
v. GENERAL PROVISIONS
5.1 Subcontract for Performance of Sen'ices. Nothing in this Agreement shall prohibit, nor
be construed to prohibit. the agreement by the FOUNDATION with another private entity, person,
or organization for the performance of those services. In the event that the FOUNDATION enters
into any arrangement, contractual or otherwise, with such other entity, person or organization, the
FOUNDA nON shall cause such other entity, person, or organization to adhere to, conform to, and
be subject to all provisions, terms, and conditions of this Agreement, including reporting
requirements, separate funds maintenance, and limitations and prohibitions pertaining to
expenditure of the agreed payments and hotel tax funds.
5.2 Independent Contractor. The FOUNDATION shall operate as an independent contractor
as to all services to be performed under this Agreement and not as an officer, agent. servant, or
employee of the CITY. The FOUNDATION shall have exclusive control of its operations and
performance of services hereunder, and such persons, entities, or organizations performing the same
and the FOUNDATION shall be solely responsible for the acts and omissions of its directors,
officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a
partner or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any
manner hold itself out as an agent or official representative of the CITY.
5.3 Indemnification. THE FOUNDATION AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE,
LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH THE PERFORMANCE BY THE FOUNDATION OR THOSE
SERVICES CONTEMPLATED BY TffiS AGREEMENT, INCLUDING ALL SUCH
CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF
NEGLIGENT OR INTENTIONAL ACTS OF FOUNDATION, ITS OFFICERS,
EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
5.4 Assignment. The FOUNDATION shall not assign this Agreement without first obtaining
the written consent of the CITY.
Page 2
5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY
FOUNDATION
City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Denton Festival Foundation, Inc.
Carol Short
Festival Coordinator
P.O. Box 2104
Denton, Texas 76202-2104
5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the CITY and the FOUNDATION and their respective successors and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject
to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreement shall prevail
notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreement is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreement are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
Page 3
5.12 Insurance. The FOUNDATION shall provide insurance as follows:
1. $500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering
all events taking place on City-owned property
2. Statutory Workers' Compensation and Employers' Liability
($100,000/$500,000/$100,000)
The CITY must be named as an additional insured on all policies (except Workers' Compensation)
and proof of coverage shall be submitted prior to any payment by the CITY.
EXECUTED to be effective the day of
"Effective Date").
, 2005 (the
THE CITY OF DENTON, TEXAS
By:
EULINE BROCK, MAYOR
ATTEST:
By:
JENNIFER WALTERS,
CITY SECRETARY
APPROVE~:
By:
EDWIN M. SNYDER
CITY ATTORNEY
DENTON FESTIVAL FOUNDATION, INC.
By:
~~!wd:-
ChairmanlDirector
S:\Our Documents\Contracts\05\Denton Festival Foundation-Arts & Jazz Fest2OQ6.doc
Page 4
CITY OF DENTON CITY COUNCIL MINUTES
September 6, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 6,2005 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding the
use or purchase of City of Denton right-of-way for business expansion in the downtown business
district at the corner of Walnut and Cedar Streets.
Linda Ratliff, Director of Economic Development, briefed the Council regarding the expansion.
All neighboring property owners were in support except for two that indicated they were neutral
on the proposal. Five parking spaces would be lost with the proposed expansion. Normally front
doors were at the street level. This one would be raised and dining on the sidewalk would not be
possible. Paris Rutherford, downtown consultant, suggested that Walnut be closed altogether or
make it one lane one-way. The property owner needed to get a survey and appraisal, but wanted
to know that Council supported this project before spending any additional money.
Council discussion-
. The Downtown Master Plan encouraged outside dining on sidewalks for cafes. Staff was
encouraged to find solutions that worked for all parties.
. If the proposal were approved, the use of the right-of-way for that street would be lost.
. If it fit in with the master plan, proceed with the proposal.
Consensus of the Council was that this project fit in with the Downtown Master Plan and
directed staff to negotiate a lease with the property owner that would accommodate the project.
2. The Council received a report, held a discussion and gave staff direction regarding the
quarterly Development Code update and possible amendments to the Development Code.
Kelly Carpenter, Director of Planning and Development Services, stated that Attachment 2 and 3
showed the rankings of the amendments and Attachment 3 also combined all comments. Items
5,6,8,9, 13, and 15 were almost 95% completed. Staff needed direction from Council on which
items to work on.
Consensus of the Council was to add the items discussed in the work session under another
heading to have all items in one document. A chart would be prepared based on the Council's
ranking order. A Reading File memo would be prepared with this information in a matrix.
Council also mentioned to staff that infill should be flexible and not be one size fits all. It should
enhance current structures.
3. The Council received a report, held a discussion and gave staff direction regarding RFSP
#3355, Benefit Consultant Services.
City of Denton City Council Minutes
September 6, 2005
Page 2
Scott Payne, Risk Manager, stated that consultant services could benefit the city through
advisement on health, life, dental, vision, supplemental life, accidental death and
dismemberment, short term disability, and long term disability. He reviewed the RFSP process
including the respondents, review team, evaluation details, pros and cons of each respondent and
summary of the findings.
Council discussion-
. A question if the references might have been different if the RFSP had been for a
different number of employees.
. The review team interviewed three finalists for the proposal.
. Proposed timeline for approval of the proposal.
Consensus of the Council was to have staff review the numbers, bring those figures back to
Council on September 13th and have tentative approval set for September 20th.
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for September 6,2005.
Following the completion of the Work Session, the City Council did not convene in a Closed
Meeting to consider the specific items listed under the Closed Meeting section of this agenda.
1. Council did not consider the following in Closed Meeting:
A. Consultation with Attorney under Section 551.071 and Deliberation regarding
Real Property under Section 551.072.
1. Deliberation on the purchase and value of real property for a tract of land
owned by Mayhill Denton, L.P. containing approximately 3.676 acres
located in the Gideon Walker Survey, Abstract No. 1330, in the City of
Denton, Denton County, Texas, and consultation with the City's attorneys
regarding related legal issues.
2. Deliberation regarding the value of a partial easement abandonment of that
certain public easement recorded in Vol. 4654, Page 00483 of the Real
Property Records of Denton County, Texas, and consultation with the
City's attorneys regarding legal issues related to the abandonment.
Regular Meeting of the City of Denton City Council on Tuesday, September 6,2005 at 6:30 p.m.
in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
City of Denton City Council Minutes
September 6, 2005
Page 3
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. The Council considered a Resolution of Appreciation for Herb Prouty.
Mayor Brock read a resolution of appreciation for Herb Prouty.
McNeill motioned, Thomson seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
Mayor Brock presented Mr. Prouty with a plaque recognizing his service to the City.
The Mayor read the following proclamations:
Constitution Week
Save A Life Month
B. Recognition of staff accomplishments
City Manager Conduff recognized staff accomplishments.
3. CONSENT AGENDA
Kamp motioned, McNeill seconded to adopt the Consent Agenda and accompanying ordinances
and resolutions. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
A. 2005-228A - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of concrete electric distribution poles for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3361 - Three Year Agreement for Purchase of Concrete
Electric Distribution Poles to the lowest responsible bidder for each item,
Lonestar Prestress Manufacturing, Inc., in the annual estimated amount of
$118,792). The Public Utilities Board recommended approval (5-0).
B. 2005-229 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of traffic signals for the City of Denton Traffic Division;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3341 - Annual Contract for Traffic Signals awarded to the lowest
responsible bidder for each item in the estimated amount of $175,000).
C. 2005-230 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of multipurpose paper for the City of Denton; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3366 -
Annual Contract for Multipurpose Paper awarded to the lowest responsible
bidder, Ricoh Corporation, in the annual estimated amount of $30,992).
City of Denton City Council Minutes
September 6, 2005
Page 4
D. 2005-231 - An ordinance accepting competitive bids and awarding a contract for
the rental of heavy equipment for various City departments; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3367 - Rental
of Heavy Equipment awarded to the lowest responsible bidder or lowest evaluated
local vendor for each item as listed in Exhibit A).
E. 2005-232 - An ordinance awarding a contract for the purchase of two 10,000
gallon above ground fuel storage tanks to the second low bidder, Separation
Systems Consultants, Inc., due to the low bidder refusing to honor a bid for Item 1
in Ordinance No. 2005-188, dated July 19,2005; providing for the expenditure of
funds therefor; and providing an effective date. (Bid 3343 - 10,000 Gallon Con
Vault Above Ground Fuel Storage Tank for Item 1 to Separation Systems
Consultants, Inc. - $77,998). The Public Utilities Board recommended approval
( 5-0).
F. 2005-233 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a contract with the Houston-Galveston Area Council of
Governments (H-GAC) for the acquisition of 35, 65, and 95 gallon refuse carts
for the City of Denton Solid Waste Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3394 -
Purchase of Refuse Carts in the estimated amount of $315,000-the amount is
subject to increase depending upon customer demand). The Public Utilities Board
recommended approval (5-0).
G. 2005-234 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of recycling carts for the City of Denton
Solid Waste Department by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3395 - Purchase of Recycling Carts
awarded to Otto Industries, Inc. in the estimated amount of $110,000). The
Public Utilities Board recommended approval (5-0).
H. 2005-235 - An ordinance accepting sealed proposals and awarding a contract for
high technology procurement for the rental of approximately fifty-six
departmental monochrome copiers for the City of Denton; providing for the
expenditure of funds therefor and providing an effective date (RFP 3351 -
Convenience Copier Fleet Management Solution awarded to Technifax Office
Solutions in the estimated annual amount of $83,787.24 for a three year total of
$251,361.72).
I. Approved tax refunds for the following property taxes:
Name
Reason
Tax
Year
Amount
2004 $ 508.58
City of Denton City Council Minutes
September 6, 2005
Page 5
Name Reason
Tax
Year
2004
Amount
4. Haxter-Fair Title/Carter, Rickey & Duplicate Payment
Jill
$ 1,062.23
6. Mortgage ServicesINicosia & 77 Duplicate Payment
LP
2004
$ 1,090.35
1. 2005-236 - An ordinance of the City of Denton authorizing and ratifying an
agreement between the City of Denton, Texas and the Juneteenth Committee to
support future Juneteenth celebrations; providing for the expenditure of funds
therefor; and providing for an effective date.
K. 2005-237 - An ordinance amending the Development Review Fee Schedule for
minor amendments to planning application fees. (SI05-0017, Fee Schedule)
L. 2005-238 - An ordinance approving a Real Estate Contract between Mayhill
Denton, L.P., as Seller and the City of Denton, Texas as Purchaser for a Tract of
Land consisting of approximately 3.676 acres located in the Gideon Walker
Survey, Abstract No. 1330 in the City of Denton, Denton County, Texas;
authorizing the expenditure of funds and providing an effective date thereof. The
Public Utilities Board recommended approval (5-0).
M. 2005-239 - An ordinance approving a Real Estate Contract between the City of
Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and
Preserve I Development, LLC. for the partial abandonment of a public utility
easement recorded in Volume 4654, Page 00483 of the Real Property Records of
Denton County, Texas and being located in the Gideon Walker Survey, Abstract
1330; and providing an effective date (Preserve Apartments - Shady Shores
Road). The Public Utilities Board recommended approval (5-0).
N. Approved an exception to the Noise Ordinance for the purpose of a church
musical revival, "One Voice, One Sound" sponsored by St. Emmanuel
Missionary Baptist Church on Sunday, September 25th in Fred Moore Park. The
exception is specifically requested for an exception of hours of operation on
Sundays for an outdoor music festival.
O. Approved an exception to the Noise Ordinance for the purpose of the 8th Annual
Denton Bluesfest 2005 music festival, sponsored by the Denton Black Chamber
of Commerce. The event will take place at the North Texas Fairgrounds on
Saturday, September 17, 2005, from 4:00 p.m. to 12:00 a.m. The exception is
specifically requested for an increase in the decibels to 70 and for an exception of
hours of operation for an outdoor music festival.
City of Denton City Council Minutes
September 6, 2005
Page 6
P. 2005-240 - An ordinance of the City of Denton, Texas, authorizing the City
Manager to pay the City's Annual dues to the Texas Public Power Association;
authorizing the expenditure of funds therefor; providing an effective date. The
Public Utilities Board recommended approval (5-0).
The Council considered the supplemental agenda item regarding the disaster relief.
1. The Council discussed procedures and measures to be taken by the City of Denton
in response to the sudden and unexpected influx of evacuees from the Hurricane Katrina disaster,
and the resultant imminent threats to public health and safety posed by the storm, the declaration
of emergency, the relocation, and the need to provide emergency food, water, shelter, public
safety, information, and other emergency services to evacuees and their families.
City Manager Conduff briefed the Council on efforts by the City of Denton to assist Katrina's
victims and clean-up efforts.
4. PUBLIC HEARINGS
A. The Council held a public hearing on a proposal to adopt a tax rate of .60815 per
$100 valuation, which will exceed the lower of the rollback rate or the effective tax rate.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Ken Stout, 4608 Mills Road, Denton, 76208 - spoke in opposition
The Mayor closed the public hearing.
B. The Council held a public hearing and received citizen input on the 2005-06
proposed budget.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
C. The Council held a public hearing and considered adoption of an ordinance
regarding an amendment to the Detailed Plan for Planned Development 12 (PD-12) zoning
district for approximately 1.775 acres. The subject property was generally located 1,100 feet
northwest of Lakeview Boulevard and 1-35E frontage road intersection. The Planning and
Zoning Commission recommended approval (5-1). (Z05-0007, Classic Mazda)
Kelly Carpenter, Director of Planning and Development, stated that a detailed plan had been
submitted with the intent to construct an automobile dealership. A major issue was the amount
of trees that were going to be cut down. Both Corinth and the City of Denton had approved the
proposed landscape plan.
City of Denton City Council Minutes
September 6, 2005
Page 7
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Ronald Hamm, General Contractor for the Classic Dealerships, spoke in support
Richard Allen, Owner and Manager of Classic Lincoln, Mercury, Mazda, spoke in
support
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-241
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
87-84 TO ALLOW A DETAILED PLAN FOR AN AUTOMOBILE DEALERSHIP ON
1.775 ACRES, GENERALLY LOCATED 1,100 FEET NORTHWEST OF LAKEVIEW
BOULEVARD AND 135 WEST FRONTAGE ROAD INTERSECTION AND
SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 346, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE
DATE.
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 11.58 acres from Neighborhood Residential 2 (NR-2)
zoning district to Neighborhood Residential 4 (NR-4) zoning district. The property was located
approximately 360 feet south of Paisley and 425 feet west of Mack Drive and was adjacent to the
southeast border of Audra. The Planning and Zoning Commission recommended approval (7-0).
(Z05-0002, Laurel Oaks)
Kelly Carpenter, Director of Planning and Development, briefed the Council on the zoning of the
surrounding properties. One letter of opposition had been received regarding the proposal.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Michael Deleon, 801 Enterprise, Flower Mound, spoke in support
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
September 6, 2005
Page 8
NO. 2005-242
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
11.58 ACRES OF LAND LOCATED APPROXIMATELY 360 FEET SOUTH OF
PAISLEY AND 425 FEET WEST OF MACK DRIVE AND IS ADJACENT TO THE
SOUTHEAST BORDER OF AUDRA IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z05-0002)
Montgomery motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
regarding amendments to the Denton Development Code and the Code of Ordinances of the City
of Denton, Texas related to amendments of Subchapter 12 (General Requirements) related to
setback requirements for swimming pools as accessory structures. The Planning and Zoning
Commission recommended approval (5-0). (DCA05-0004, Swimming Pool Setbacks)
Kelly Carpenter, Director of Planning and Development, briefed the Council on problems with
the existing setbacks.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-243
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
THE SETBACK REQUIREMENTS OF SWIMMING POOLS AS ACCESSORY
STRUCTURES; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE. (DCA05-0004).
Kamp motioned, Thomason seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 6, 2005
Page 9
F. The Council held a public hearing and considered adoption of an ordinance
regarding amendments to the Denton Development Code and the Code of Ordinances of the City
of Denton, Texas related to amendments to Subchapter 23 (Definitions and Terms) of the
Development Code regarding townhouses. The Planning and Zoning Commission recommended
approval (4-1). (DCA05-0003, Definitions of Townhouses)
Kelly Carpenter, Director of Planning and Development, stated that a definition of townhouses
was missing from the Development Code. She reviewed the proposed definition of townhouses
indicating that clusters could be no larger than eight units. She also indicated the appeal process
to apply for an exemption for a cluster greater than eight units.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-244
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SECTION 35.23.2 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
DEFINITION OF TOWNHOUSES AND DWELLING, SINGLE-F AMIL Y
ATTACHED; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE. (DCA05-0003).
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of
September 20, 2005; providing for publication of notice of such vote on the tax rate; and
providing an effective date.
The following resolution was considered:
NO. R2005-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY
SCHEDULED MEETING OF SEPTEMBER 20, 2005; PROVIDING FOR
PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND
PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 6, 2005
Page 10
Mulroy motioned, Heggins seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance of the City of Denton, Texas
providing for the amendment of Ordinance No. 2004-387 which provides for the Schedule of
Miscellaneous Fees, Service Charges, Deposits, Billings and Procedures for Administrative
Services; by adding a provision that victims of family violence who reside in Denton, Texas,
who are City of Denton Utility Customers, applying for utility service may have their deposit
requirement to Denton Municipal Utilities waived, provided that a victim of family violence
presents a completed, signed certification letter in a form approved by the City Attorney or his
designate, and that they meet the criteria specified by Texas Family Code, Section 71.004;
providing for a repealer; providing for a severability clause; and providing for an effective date.
The Public Utilities Board recommends approval (5-0).
Sharon Mays, Director of Electric Utilities, briefed the Council regarding the regulation adopted
by the Public Utilities Commission regarding a waiver for deposit for utility service for victims
of family violence.
The following ordinance was considered:
NO. 2005-245
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
AMENDMENT OF ORDINANCE NO. 2004-387 WHICH PROVIDES FOR THE
SCHEDULE OF MISCELLANEOUS FEES, SERVICE CHARGES, DEPOSITS,
BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES; BY ADDING
A PROVISION THAT VICTIMS OF FAMILY VIOLENCE WHO RESIDE IN
DENTON, TEXAS, WHO ARE CITY OF DENTON UTILITY CUSTOMERS,
APPLYING FOR UTILITY SERVICE MAY HAVE THEIR DEPOSIT
REQUIREMENT TO DENTON MUNICIPAL UTILITIES WAIVED, PROVIDED
THAT A VICTIM OF FAMILY VIOLENCE PRESENTS A COMPLETED, SIGNED
CERTIFICATION LETTER IN A FORM APPROVED BY THE CITY ATTORNEY
OR HIS DESIGNATE, AND THAT THEY MEET THE CRITERIA SPECIFIED BY
TEXAS FAMILY CODE, SECTION 71.004; PROVIDING FOR A REPEALER;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council considered appointing a nominating committee to develop a slate of
appointees for the Economic Development Partnership Board.
McNeill nominated, Thomson seconded to appoint Council Members Kamp and Montgomery
and Dale Kimble to the nominating committee. On roll vote, Heggins "aye", Kamp "aye",
City of Denton City Council Minutes
September 6, 2005
Page 11
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
D. The Council considered nominations/appointments to the City's Boards and
Commissions.
Council voted on the previous nomination of Gabriel Daley to the Traffic Safety Commission.
On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
E. New Business
The following item of New Business was suggested by Council for future agendas:
1. Mayor Pro Tern McNeill requested an update on the criteria for approving tax
credit funded projects.
F. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
H. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8: 10 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 7, 2005
Joint Meeting of the City of Denton City Council and the Denton Independent School District
Board of Trustees on Wednesday, September 7, 2005 at 11 :30 a.m. in the Council Work Session
Room.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. Mayor Brock called the meeting to order and announced a quorum of the Council was
present.
2. The Council received an update on the Water Park.
Parks & Recreation staff presented updated information on the Water Park. Attendance,
revenues, season passes and swimming lessons were up from last year.
3. The Council received an update regarding DISD enrollment.
DISD staff presented an update on DISD enrollment for the current school year. Total
enrollment for 2005-06 was: elementary schools - 9,626, middle schools - 3,787, and high
schools - 4,670. Total enrollment was 18,179. There were 40 students enrolled because of
displacement from Hurricane Katrina.
4. The Council received an update regarding Highway 2181.
Buz Elsom, TxDOT, briefed the Council on a project to widen FM 2181 from two lanes to a six-
lane divided roadway. Final schematics had been submitted to Austin on September 1. They
hoped to have the Environmental Assessment resubmitted to Austin by the first of next year. He
stated that TxDOT would incorporate sidewalks into the plans for widening FM 2181.
Elsom stated that TxDOT had determined that Guyer High School qualified for a school speed
zone based on pedestrian activity at that location. Pending approval from TxDOT in Dallas and
Austin, regulatory signs would be placed at the location upon receipt of a speed ordinance from
the City of Denton.
5. The Council received an update regarding the Gulf Coast Disaster.
DISD staff stated that schools throughout the district were collecting funds, clothes and food for
hurricane victims temporarily residing in the Denton school district. City staff reviewed efforts
made by the City and City employees.
6. Determine next meeting date.
This item was not discussed.
City of Denton City Council Minutes
September 7, 2005
Page 2
7. With no further business, the meeting was adjourned at 1 :07 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 13, 2005
After determining that a quorum was present, the City Council convened in a Joint Work Session
of the City Council and the Downtown Task Force on Tuesday, September 13, 2005 at 3:00 p.m.
in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, Thomson.
ABSENT: None
The Mayor called the meeting to order at 3: 12 p.m.
1. The Council received a report from RTKL & Associates regarding potential projects
relating to the redevelopment of downtown as recommended in the Downtown Master Plan, held
a discussion and gave staff direction.
Linda Ratliff, Director of Economic Development, stated that the Downtown Task Force had
identified some potential proj ects for review and discussion. Ratliff introduced Paris Rutherford,
RTKL & Associates, who presented some strategies to the Council to implement the projects.
A market analysis for a 10-year period estimated that over 875,000 square feet of new retail
demand was forecast based on the projected trade area. The 10-year trade area growth at
projected rates called for almost 7,000 new rental units and 10,442 new for-sale units. Over the
next 10 years Denton should see new demand for approximately 300,000 square feet of office
space from job growth and another 180,000 square feet from turnover/replacement of older
space.
Rutherford stated that five areas had been identified as redevelopment zones capable of viable
development projects.
. Project A - transit-oriented infill development with shared parking garage between
McKinney, Bell, Hickory and the Commuter Rail, planned around existing historic
structure.
. Project B - Mixed-use infill adjacent to the Wells Fargo tower. New shared garage was
added as southeastern parking anchor for the Square. Existing garage removed to make
way for retail and motor bank with loft space.
. Project C - Pocket park with new surrounding development to define northern gateway
into Denton. This included adaptive reuse of existing buildings (old city hall) and
provided a northwestern parking anchor for the Square.
. Project D - Mixed-use office infill between Oak and Hickory along Carroll. Existing
restaurants were incorporated into development and shared parking lined with live-work
space.
. Project E - Residential infill with ground level service uses between McKinney, Oak,
Austin and Bell. This provided an "urban edge" to contrast the municipal complex and
small-scale live-work infill around existing structures on Oak.
Rutherford stated that the next steps would be to:
· Establish a set of criteria for infill and redevelopment projects.
City of Denton City Council Minutes
September 13, 2005
Page 2
· Analyze reduction and/or waiver of development fees and program rewards for past
investment.
· Confirm and grow targeted areas for infill and redevelopment.
· Prepare menu of public/private funding mechanisms for infrastructure and impact.
· Identify positions within the city and support organizations where project coordination
could occur.
Implementation included determining three projects, run economICS, package and market,
establish TIF district, and streamline the process.
Consensus of the Council was to proceed with Projects B, E and C. If another project could be
implemented, then Project D.
With no further business, the meeting was adjourned at 4:35 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 13, 2005
After determininf that a quorum was present, the City Council of the City of Denton, Texas
convened in a 2n Tuesday Session on Tuesday, September 13, 2005 at 5:00 p.m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, Thomson.
ABSENT: None
The meeting was called to order at 5:07 p.m.
1. The Council received a report, held a discussion, and provided guidance on dumpsters
infringing on pedestrian access of sidewalks.
Vance Kemler, Director of Solid Waste, stated that several staff representatives had looked at
possible solutions for sidewalk access obstructed by dumpsters.
Of the 2,300 dumpsters serving the community, 437 dumpsters set on the curb. Fifty of those
dumpsters infringed on sidewalks, and of those, twenty-one could obstruct sidewalk access for
the disabled. Where adequate parking spaces were available for dumpsters and collection truck
access, dumpsters could be moved onto the parking lot and a variance could be provided for the
required number of parking spaces. Where feasible, dumpsters could be moved into the street,
next to the curb and the property owner charged a loading zone fee. Cart service might be a
viable alternative to dumpsters for some residential units and homes.
City Attorney, Ed Snyder, stated the ordinance did not need to be amended, the policy needed to
be changed so that dumpsters would not be allowed on sidewalks.
Council directed staff to give everyone notice that the policy was being changed and they would
have six months to comply.
2. The Council received a report, held a discussion, and provided guidance on current and
proposed recycling services for multi-family residents.
Vance Kemler, Director of Solid Waste, stated that the drop-off recycling sites primarily
su pported multi - famil y resi dents. Addi ti onall y, these resi dents utilized the used oil coll ecti on
sites, appliance collections, and special event recycling services.
Shirlene Sitton, Recycling Manager, stated that single family and commercial customers
subsidized the recycling sites utilitized by multi-family residents.
McNeill thought staff should survey people dropping off recycling at the sites and see if they
were from multi-family or single-family homes.
Sitton stated that multi-family residents would be charged $1.75 and single-family residents
would be charged $3.50 per month.
Consensus of Council was to go ahead with the fee to multi-family residents.
City of Denton City Council Minutes
September 13, 2005
Page 2
3. The Council received a report, held a discussion and gave staff direction regarding
Request for Sealed Proposal (RFSP) #3355, Benefit Consultant Services.
Scott Payne, Risk Manager, stated that the Council had reviewed this topic during the September
6 Work Session and had asked for additional time to review the information.
Discussion followed about criteria used in evaluating responses and how the rankings were
determined.
Consensus of the Council was to proceed with McGriff Seibels and Williams as the City's
Benefit Consultant.
The Work Session adjourned at 6:23 p.m.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 13,
2005 at 6:30 p.m. in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. PUBLIC HEARING
A. The Council held a public hearing on a proposal to adopt a tax rate of $.60815 per
$100 valuation, which would exceed the lower of the rollback rate or the effective tax rate.
This was the second of two public hearings regarding an increase in the property tax rate for
2005 to $.60815 per $100 valuation.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Joyce Poole, 3021 Bonnie Brae, expressed concerns regarding the proposed budget and
asked the Council to make city services more affordable.
The Mayor closed the public hearing.
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas announcing that it would vote on a tax rate at its regularly scheduled meeting of
September 20, 2005; providing for publication of notice of such vote on the tax rate; and
providing an effective date.
The following resolution was considered:
City of Denton City Council Minutes
September 13, 2005
Page 3
NO. R2005-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING THAT IT WOULD VOTE ON A TAX RATE AT ITS REGULARLY
SCHEDULED MEETING OF SEPTEMBER 20, 2005; PROVIDING FOR
PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance establishing a Disaster Relief
Program for Victims of Hurricane Katrina which provided temporary housing including rental,
utility, and security deposit assistance and related assistance; authorizing overtime for exempt
employees assisting in the disaster relief effort; authorizing the expenditure of funds therefor;
and declaring an effective date.
Jon Fortune, Assistant City Manager, stated that this ordinance allowed the City to establish a
program to provide for rent, utilities, security deposits, and related relief for housing for
evacuees affected by Hurricane Katrina who had relocated in the Denton area.
The following ordinance was considered:
NO. 2005-246
AN ORDINANCE ESTABLISHING A DISASTER RELIEF PROGRAM FOR
VICTIMS OF HURRICANE KATRINA WHICH PROVIDES TEMPORARY
HOUSING INCLUDING RENT AL, UTILITY, AND SECURITY DEPOSIT
ASSISTANCE AND RELATED ASSISTANCE; AUTHORIZING OVERTIME FOR
EXEMPT EMPLOYEES ASSISTING IN THE DISASTER RELIEF EFFORT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING
AN EFFECTIVE DATE.
McNeill motioned, Kamp seconded to adopt the ordinance.
Mulroy asked for an amendment to Section 3 of the ordinance - remove the words "payable only
upon receipt of state or federal reimbursement".
McNeill accepted the amendment.
On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 13, 2005
Page 4
With no further business, the meeting was adjourned at 6:35 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
September 20, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 20,2005 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding a
proposed Emergency Services District for Fire and Emergency Medical Services in the Argyle,
Bartonville and Copper Canyon jurisdictions and other County areas in the City of Denton's ETJ.
Ross Chadwick, Fire Chief, stated that the jurisdictions of Argyle, Bartonville, Copper Canyon,
Corral City, Northlake and other contiguous unincorporated Denton County areas within the
Argyle Volunteer Fire District have proposed the establishment of an Emergency Services
District for fire and emergency medical services. The process would be started by submission of
a petition to the County Judge from at least 100 voters who own taxable property within the
proposed district. A consent to form the District would be solicited from all cities included
within the proposed boundaries and municipal consent was also required from any city with an
extraterritorial jurisdiction designation within the proposed district. The Commissioners Court
had sole jurisdiction to grant or deny the petition. If the petition were granted, an election would
be held to confirm the creation of the District and to authorize the imposition of a tax levy within
the boundaries of the District. There were three options for Council to consider - (1) if the City
did not intend to annex the areas of the District that fell within the City's ETJ, it could consent to
the formation of the District which would ultimately benefit Robson Ranch in the areas of fire
protection and EMS mutual aid availability; (2) if the City did intend to annex any portion of the
area in the future, it could oppose the District due to future financial liabilities and provide fire
protection and EMS services to the area with City resources; or (3) if the city determined that it
may annex this area in its ETJ sometime in the future, it could oppose the District due to future
financial liabilities and voice its opposition to the Commissioners Court.
Council discussion-
. Could the City contract fire and EMS services to any of these areas?
. When would this proposal be going to Commissioners Court - Chadwick replied that no
decision had been made yet.
. The attorney for the Argyle Fire Department wanted to know how the Council felt about
the proposal.
Consensus of the Council was to consider pursuing contract services. No decision would be
made at this meeting.
2. The Council received a report, held a discussion and gave staff direction regarding annual
technology contracts.
Alex Pettit, Director of Technology Services, stated that the City used several software and
hardware solutions to conduct daily business in every department. It was essential for the City to
upkeep current maintenance with the various vendors to ensure access to upgrades, software
City of Denton City Council Minutes
September 20, 2005
Page 2
fixes, hardware repair/replacement, technical support and licensing of these applications. He
presented spreadsheets detailing the annual expenditures that had been updated with the current
year's information.
Council discussed the pros and cons of the various systems and in particular the Harris utility
billing system. It was felt that the billing system was not doing what it should do.
Mayor Pro Tern McNeill suggested forming a users group for input on the issues they had with
the system. He felt there was also a challenge with the Municipal Court system.
Council Member Mulroy felt that outcomes needed to come sooner.
Mayor Pro Tern McNeill recommended that over the course of the next year that the City
Manager get a report on the software and hardware regarding how it was working. He would
like a mid-year report and an end-of-the year report.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for September 20,2005.
The Work Session adjourned at 5:30 p.m.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:35 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Council considered the following in Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071
and Deliberations Regarding Real Property - Under Texas Government Code
Section 551.072.
1. Received legal advice from the City Attorney regarding the status and
possible settlement of condemnation proceedings styled City of Denton v.
Dana J Beavers, aka Dana J Smith, et ai., Cause No. ED-2004-485,
pending in the Probate Court of Denton County, Texas, being an
acquisition of a public utility easement out of a tract of land south of
McKinney Street on Loop 288.
B. Deliberations Regarding Real Property - Under Texas Government Code Section
551.072.
1. Received a confidential briefing and held a discussion regarding
information relating to valuation and to other factors involved in the
proposed abandonment and release of certain blanket electric utility
easements owned presently by the City on real property owned by Holigan
Land Development, Ltd.; said easements being located on a 160.023 acre
tract ofland and being situated in the Gideon Walker Survey, Abstract No.
1330, Denton, Denton County, Texas.
City of Denton City Council Minutes
September 20, 2005
Page 3
C. Consultation with Attorney - Under Texas Government Code Section 551.0.
1. Considered and discussed status of litigation styled Tower v. City of
Denton, Cause No. 4:05cv302, currently pending in the U.S. District
Court, Eastern District, Sherman Division.
D. Personnel Matters - Under Texas Government Code Section 551.074.
1. Deliberated the evaluation, discipline, and duties, including contractual
duties, for the City Manager, City Attorney, and Municipal Court Judge.
Regular Meeting on Tuesday, September 20, 2005 at 6:30 p.m. in the Council Chambers at City
Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
1. Council considered a Resolution of Appreciation for Kathy DuBose.
Thomson motioned, Mulroy seconded to approve the Resolution of Appreciation. On roll vote,
Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye"
and Mayor Brock "aye". Motion carried unanimously.
City Manager Conduff presented a plaque to Ms. DuBose recognizing her contributions to the
City of Denton.
B. September Yard-of-the-Month Awards
Mayor Brock presented the September Yard-of-the Month awards.
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3. BUDGET INDIVIDUAL ITEMS FOR CONSIDERATION
A. The Council considered adoption of an ordinance adopting the Budget and first year of
the Capital Improvement Plan of the City of Denton, Texas for the fiscal year beginning on
October 1, 2005 and ending on September 30,2006; and declaring an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
September 20, 2005
Page 4
NO. 2005-247
AN ORDINANCE ADOPTING THE BUDGET AND FIRST YEAR OF THE CAPITAL
IMPROVEMENT PLAN OF THE CITY OF DENTON, TEXAS FOR THE FISCAL
YEAR BEGINNING ON OCTOBER 1, 2005 AND ENDING ON SEPTEMBER 30,
2006; AND DECLARING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council consider adoption of an ordinance levying the ad valorem tax of the City of
Denton, Texas, for the year 2005, on all taxable property within the corporate limits of the city
on January 1, 2005, not exempt by law; providing revenues for payment of current municipal
expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for
limited exemptions of certain homesteads; providing for enforcement of collections; providing
for a severability clause; and providing an effective date.
The following ordinance was considered:
NO. 2005-248
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 2005, ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2005, NOT
EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT
MUNICIP AL EXPENSES, AND FOR INTEREST AND SINKING FUND ON
OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED
EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT
OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance of the City of Denton, Texas,
approving the 2005 Tax Rolls; and providing an effective date.
The following ordinance was considered:
NO. 2005-249
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2005
TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 20, 2005
Page 5
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
4. BUDGET CONSENT AGENDA
Mulroy motioned, Montgomery seconded to adopt the budget Consent Agenda and
accompanying ordinances. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
A. 2005-250 - An ordinance amending the Schedule of Rates contained in Ordinance
No. 2004-386 for electric service; amending the local government service rate
(Schedule GL); amending the weekend rate (Schedule WK); amending the
athletic field rate (Schedule AF); amending the facility charge on the street
lighting rate (Schedule LS); amending the traffic lighting rate (Schedule L T);
amending the other lighting rate (Schedule LO); amending the facility charge on
the security lighting rate (Schedule DD); amending the facility charge on the
downtown decorative lighting rate (Schedule DDL); adding the decorative street
light rate (Schedule DSL); amending the temporary service rate (Schedule Tl);
amendment of several provisions of the Energysave Program to clarify the
meaning thereof (Schedule EP); adding a dark fiber rate (Schedule DFR);
providing for a repealer; providing for a severability clause; and providing for an
effective date. The Public Utilities Board recommended approval (5-0).
B. 2005-251 - An ordinance amending the Schedule of Water Rates contained in
Ordinance No. 2004-256 for water service and water rates; amending the
wholesale raw water service rate to Upper Trinity Regional Water District
(Schedule WRW); amending the wholesale raw water pass-through rate for Upper
Trinity Regional Water District from Lake Chapman into Lake Lewisville
(Schedule WCL); providing for a repealer; providing for a severability clause; and
providing for an effective date. The Public Utilities Board recommended
approval (5-0).
C. 2005-252 - An ordinance amending the Schedule of Wastewater Rates contained
in Ordinance No. 2004-257 for Wastewater Service; amending the residential
wastewater service - facility charge and volume charge (Schedule SR); amending
the mobile home park - facility charge and volume charge (Schedule SMH);
amending the commercial/industrial wastewater service - facility charge, volume
charge, pretreatment program charge, sampling and analysis charge, and
surcharge; (Schedule SC); amending the commercial/industrial wastewater
service rate which measures with dedicated meters (sub-meters) water for
wastewater billing - facility charge, volume charge and surcharge (Schedule
SCD); amending the commercial/industrial wastewater service rate which
measures with dedicated meters (sub-meters) water excluded from wastewater
billing - facility charge and surcharge (Schedule SCS); amending the equipment
services facilities and restaurants and food service establishment - facility charge,
volume charge, pretreatment program charge, sampling and analysis charge, and
City of Denton City Council Minutes
September 20, 2005
Page 6
surcharge (Schedule SEE); amending the metered wastewater inside and outside
corporate limits - facility charge, volume charge, pretreatment program charge,
sampling and analysis charge, and surcharge (Schedule SM); amending the
wholesale wastewater treatment service for a governmental agency, division, or
subdivision - facility charge, pretreatment program charge, volume charge,
sampling and analysis charge, and surcharge (Schedule SSC); removing the dyno
chips rate and adding an asphalt millings rate (Schedule CWM); providing for a
repealer; providing for a severability clause; and providing for an effective date.
The Public Utilities Board recommended approval (5-0).
D. 2005-253 - An ordinance amending the schedule of rates for Solid Waste Service
contained in Ordinance Number 2004-258 as authorized by Chapter 24 of the
Code of Ordinances of the City of Denton, Texas; providing that the provisions of
Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of
the City of Denton, Texas shall expressly apply to City of Denton Solid Waste
Service; amending the Residential Solid Waste Collection Services Schedule
(SWR); amending the Residential Recycling and Processing Services Schedule
(SWRR); amending the Residential Financial Need Discount Schedule (SWRD);
adding the Multi-Family Recycling and Processing Services Schedule (MFR);
amending the Commercial Solid Waste Collection Services Schedule (SWC);
removing the Collection and Transportation Services Permit Schedule (SWP);
amending the Sanitary Landfill Services Schedule (SWI); providing for a repealer;
providing for a severability clause; and providing an effective date. The Public
Utilities Board recommended approval (5-0).
E. 2005-254 - An ordinance providing for the schedule of miscellaneous fees,
deposits, billings and procedures for administrative services to City customers and
taxpayers contained in Ordinance No. 2004-387 and as also amended during
previous FY 2004-2005; providing for a repealer; providing for a severability
clause; and providing for an effective date. The Public Utilities Board
recommended approval (5-0).
F. 2005-255 - An ordinance providing for the payment of inspection services fees to
the City of Denton for public improvements constructed by developers, related to
private development; providing for the superseding of ordinances in conflict with
this ordinance; providing an effective date. The Public Utilities Board
recommended approval (5-0).
G. 2005-256 - An ordinance of the City of Denton, Texas amending and wholly
substituting and superseding the provisions of Chapter 24 of the City of Denton
Code of Ordinances as attached hereto, regarding Solid Waste Service; providing
for a repealer, providing for a severability clause; and providing an effective date.
The Public Utilities Board recommended approval (5-0).
H. 2005-257 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for Harris Public Utility Billing System and associated
software modules available from only one source in accordance with the
provision for State Law exempting such purchases from requirements of
City of Denton City Council Minutes
September 20, 2005
Page 7
competitive bids; and providing an effective date (File 3373 - Purchase of Annual
Maintenance for Harris Public Utility Billing awarded to Harris Computer
Systems, Inc. in the amount of $56,755).
I. 2005-258 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for VisionAir Public Safety Software System and associated
modules used for Police and Fire Department dispatching and records
management available from only one source in accordance with the provision for
State Law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3384 - Purchase of Annual Maintenance for
VisionAir Public Safety Software System awarded to VisionAir, Inc. in the
amount of $148,079.66).
J. 2005-259 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for Geographic Information System (GIS) software package
available from only one source in accordance with the provision for State Law
exempting such purchases from requirements of competitive bids; and providing
an effective date (File 3382 - Purchase of Annual Maintenance for Geographic
Information System (GIS) Software Package awarded to Environmental Systems
Research Institute (ESRI) in the amount of $35,000.00).
K. 2005-260 - An ordinance awarding a contract for the purchase of annual
maintenance for the Nortel phone system including 24 hours per day 7 days per
week support on all equipment located in City of Denton facilities as awarded by
the State of Texas Building and Procurement Commission through the Catalog
Information Service Vendor (CISV) Catalog Program; providing for the
expenditure of funds therefor; and providing an effective date (File 3378 - Annual
Maintenance for Nortel Phone System awarded to Verizon Southwest in the
amount of $44,092.85).
L. 2005-261 - An ordinance awarding a contract for the purchase of continued
software maintenance, and services for the LaserFiche Document Imaging System
currently being used by the City of Denton from VP Imaging, as awarded by the
State of Texas General Services Commission through the Catalog Information
Services Vendor (CISV), formerly known as Qualified Information Services
Vendor (QISV), providing for the expenditure of funds therefor; and providing an
effective date (File 3381 - Purchase of Annual Maintenance for LaserFiche
Document Imaging System awarded to VP Imaging, in the amount of
$42,848.20).
M. 2005-262 - An ordinance authorizing the execution of change order two to a
contract for lease purchase financing of PC's, monitors, and peripheral equipment
for Utility and General Government (with the exception of Public Safety)
Departments between the City of Denton and Dell Government Leasing and
Finance; providing for an increase in the time period and an increase in the annual
lease payment amount; and providing for the expenditure of funds therefor; and
providing an effective date (File 3110 - Dell Government Leasing and Finance
awarded in the amount of $1,056,923.70, change order one in the amount of
$331,241.64 and change order two in the amount of $116,626.32 for a total of
$1,504,791.66).
City of Denton City Council Minutes
September 20, 2005
Page 8
N. 2005-263 - An ordinance awarding a contract approving the expenditure of funds
for the purchase ofMitsubishi 80kV A UPS and distribution system available from
only one source in accordance with the provision for State Law exempting such
purchases from requirements of competitive bids; and providing an effective date
(File 3379 - Mitsubishi 80kV A UPS and distribution system awarded to Data
Com Power, Inc., in the amount of$61,101).
O. 2005-264 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Millennium Library
System and associated hardware and software modules available from only one
source in accordance with the provision for State Law exempting such purchases
from requirements of competitive bids; and providing an effective date (File 3371
- Purchase of Annual Maintenance for Millennium Library System awarded to
Innovative Interfaces, Inc. in the amount of $33,069).
P. 2005-265 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Oracle Relational
Database Software available from only one source in accordance with the
provision for State Law exempting such purchases from requirements of
competitive bids; and providing an effective date (File 3374 - Purchase of
Software Maintenance for Oracle Relational Database Software awarded to
Oracle USA, Inc. in the amount of $35,860).
Q. 2005-266 - An ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Oracle EnterpriseOne
(formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) software
package available from only one source in accordance with the provision for State
Law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3372 - Purchase of Annual Maintenance for
Oracle Enterprise One Software Package awarded to Oracle USA, Inc. in the
amount of $89,900).
R. 2005-267 - An ordinance awarding a contract for the purchase of annual
maintenance for the City of Denton Cisco networked devices (Smartnet) including
switches, hubs, routers, and Cisco IP phone equipment including 24 hour/7 days
per week Technical Assistance Center (TAC) support on all equipment located in
City of Denton facilities as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefor; and
providing an effective date (File 3377 - Annual Maintenance for Cisco
Networked Devices awarded to InterNetwork Experts in the amount of $88,696).
S. 2005-268 - An ordinance awarding a contract for the purchase of software
maintenance for continued vendor support of the Informix Dynamic Server
Relational Database software as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefor; and
providing an effective date (File 3370 - Purchase of Software Maintenance for
Informix Dynamic Server Relational Database Software awarded to CompuCom
Systems, Inc. in the amount of$64,817.00).
City of Denton City Council Minutes
September 20, 2005
Page 9
T. 2005-269 - An ordinance awarding a contract for the purchase of continued
software license maintenance for the City of Denton's Novell products as
approved by the State of Texas Building and Procurement Commission
Department of Information Resources (DIR); providing for the expenditure of
funds therefor; and providing an effective date (File 3380 - Annual Software
License Maintenance for Novell Products and Acquisition of Additional Novell
Licenses awarded to SHI-Government Solutions in the amount of $98,051.05).
U. 2005-270 - An ordinance awarding a contract under the Catalog Information
Services Vendor (CISV) program for the purchase of a Unitrends DPU-5000 Data
Protection Unit, and DPV-5000 Data Protection Vault as awarded by the State of
Texas Building and Procurement Commission contract CISV #1200955787200;
providing for the expenditure of funds therefor; and providing an effective date
(File 3376 - Purchase of Unitrends DPU-5000 Data Protection Unit, and DPV-
5000 Data Protection Vault, awarded to ARW Systems, LLC. in the amount of
$198,744).
V. 2005-271 - An ordinance approving the expenditure of funds for the purchase of
annual service access and support for the General Packet Radio Services (GPRS)
wireless computer network for the Public Safety mobile computers used by City
of Denton Police, Fire and EMS personnel available from only one source in
accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; and providing an effective date (File 3383 -
Purchase of Annual Service Access and Support for General Packet Radio
Services (GPRS) awarded to Cingular Wireless (formerly AT&T Wireless) in the
amount of $117,289.80).
W. 2005-272 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Black Chamber of Commerce for the payment
and use of hotel tax revenue; and providing an effective date.
X. 2005-273 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Chamber of Commerce (Convention and
Visitor Bureau) for the payment and use of hotel tax revenue; and providing an
effective date.
y. 2005-274 - An ordinance authorizing the Mayor to execute an interlocal
agreement between the City of Denton and Denton County for the payment and
use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-
Selby House and the African American Museums; and providing an effective
date.
Z. 2005-275 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Community Theatre, Inc. for the payment and
use of hotel tax revenue; and providing an effective date.
City of Denton City Council Minutes
September 20, 2005
Page 10
AA. 2005-276 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Festival Foundation for the payment and use of
hotel tax revenue; and providing an effective date.
BB. 2005-277 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Greater Denton Arts Council for the payment and use
of hotel tax revenue; and providing an effective date.
CC. 2005-278 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton County Historical Commission, Inc. for the
payment and use of hotel tax revenue, and providing an effective date.
DD. 2005-279 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Denton Holiday Festival Association, Inc. for the
payment and use of hotel tax revenue; and provide an effective date.
EE. 2005-280 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Central Business District Association of Denton,
Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax
revenue; and providing an effective date.
FF. 2005-281 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the North Texas State Fair Association for the payment
and use of hotel tax revenue; and providing an effective date.
GG. 2005-282 - An ordinance authorizing the Mayor to execute an agreement between
the City of Denton and the Tejas Storytelling Association, Inc. for the payment
and use of hotel tax revenue; and providing an effective date.
5. CONSENT AGENDA
Kamp motioned, McNeill seconded to adopt the Consent Agenda and accompanying ordinances
and resolutions.
A Request to Speak Card was submitted by Wally Creel regarding Item 5.0. He spoke in
support of the item.
On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
7-0
A. 2005-283 - An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Opening Doors Immigration Services for
provision of assistance to victims of domestic violence; providing for the
expenditure of funds therefor; and providing for an effective date.
City of Denton City Council Minutes
September 20, 2005
Page 11
B. 2005-284 - An ordinance authorizing the City Manager to execute a personal
services agreement with Barbara T. McCall Associates, Inc. to provide certain
information and services with regard to legislation of interest to the city.
C. 2005-285 - An ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 3396 -
Electrical Energy Transmission Fees in the total amount of $134,421). The Public
Utilities Board recommended approval (4-0).
D. 2005-286 - An ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the Dallas Independent School
District, Texas under Section 271.102 of the Local Government Code, to
authorize participation in various Dallas Independent School District contracts for
the purchase of various goods and services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 3404 - Interlocal Agreement with
the Dallas Independent School District).
E. 2005-287 - An ordinance accepting competitive bids by way of an Interlocal
Cooperative Purchasing Program Agreement with the Dallas Independent School
District under Section 271.102 of the Local Government Code, for the purchase of
products and services for an onsite vehicle parts facility; providing for the
expenditure of funds therefor; and providing an effective date (File 3405 -
Interlocal Agreement for the Purchase of Products and Services for an Onsite
Vehicle Parts Facility with the Dallas Independent School District, contract
awarded to Genuine Parts Company in the estimated amount of $839,946).
F. 2005-288 - An ordinance authorizing the City Manager or his designee to execute
a professional services agreement with the firm of Arthur Surveying Co., Inc. to
provide professional surveying services in support of the City of Denton
Engineering Department; authorizing the expenditure of funds therefor and
providing an effective date (PSA 3219 - in an amount not to exceed $200,000).
The Public Utilities Board recommended approval (4-0).
G. 2005-289 - An ordinance accepting sealed proposals and awarding a contract for
Benefit Consultant Services for the City of Denton; providing for the expenditure
of funds therefor and providing an effective date (RFP 3355 - Benefit Consultant
Services awarded to McGriff, Seibels and Williams in the annual amount of
$48,500).
H. 2005-290 - An ordinance of the City Council of the City of Denton, Texas
approving payment for the purchase and installation of Caron compactor parts;
and providing an effective date (File 3401 - Purchase of Wheels for Landfill
Compactor awarded to Caron Compactor Company in the amount of $34,397.84).
The Public Utilities Board recommended approval (4-0).
City of Denton City Council Minutes
September 20, 2005
Page 12
I. 2005-291 - An ordinance of the City of Denton, Texas amending the provisions
of Chapter 6 relating to Animals by amending Sections 6-27 regarding the
keeping of livestock; providing for a severability clause; providing a repealer
clause; providing a savings clause; providing for a penalty not to exceed $500 for
violations of this ordinance; and providing for an effective date.
1. 2005-292 - An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the Greater Denton Arts Council for the
development and marketing of exhibitions at the Fall Festival; providing for the
expenditure of funds therefor; and providing for an effective date.
K. 2005-293 - An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and the American Legion to assist in
purchasing food, providing monetary assistance to subsidize utility bill and rental
payments for citizens and for subsidizing medical costs for senior citizens,
providing for the expenditure of funds therefor; and providing for an effective
date.
L. 2005-294 - An ordinance of the City of Denton, Texas authorizing settlement of
an eminent domain action styled City of Denton, Texas v. Dana J Beavers aka
Dana J Smith, et ai., Cause No. ED-2004-485, filed in the Probate Court of
Denton County; authorizing the City Manager and the City's attorneys to act on
the City's behalf in executing any and all documents, and to take other actions
necessary to finalize the settlement; authorizing the expenditure of funds therefor;
and declaring an effective date.
M. 2005-295 - An ordinance of the City of Denton, Texas approving an interlocal
agreement by and between the City of Denton, Texas and the Town of Copper
Canyon, Texas to provide gas well inspection services; and providing an effective
date. The Public Utilities Board recommended approval (5-0).
N. 2005-296 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a First Amendment to Professional
Services Agreement with Kimley-Horn & Associates, Inc. for additional
Professional Engineering Services related to the Final Design of the Southwest
Booster Pump Station and Storage Facilities; authorizing the expenditure of funds
therefor; and providing an effective date. The Public Utilities Board
recommended approval (5-0).
O. 2005-297 - An ordinance authorizing the abandonment and release of certain
blanket electric utility easements owned by the City, to the extent that they
encumber certain real property owned by Holigan Land Development, Ltd.
containing approximately 160.023 acres and being located in the Gideon Walker
Survey, Abstract No. 1330, Denton, Denton County, Texas; and providing an
effective date. The Public Utilities Board recommended approval (4-0).
P. 2005-298 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with
City of Denton City Council Minutes
September 20, 2005
Page 13
Wolfe, Tidwell & McCoy, LLP for professional legal services relating to
litigation styled Tower v. City of Denton, Cause No. 4:05cv302 currently pending
in the U.S. District Court, Eastern District, Sherman Division; authorizing the
expenditure of funds therefor; and providing an effective date.
Q. R2005-034 - A resolution of the City of Denton finding and determining that the
number of inhabitants in the City of Denton is in excess of 100,000; and
providing an effective date.
R. 2005-299 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an asset purchase agreement, bill of sale and other
documents transferring all buses, equipment and other assets from the city
passenger motor carrier transit system known as LINK to the Denton County
Transportation Authority and authorizing the Mayor to execute an assignment of
that certain agreement to provide the services for the passenger motor carrier
transit system known as LINK, with McDonald Transit Associates, Inc. dated
April 16, 2002, as amended, to the Denton County Transportation Authority;
authorizing the extension of that certain interlocal cooperation agreement with the
Denton County Transportation Authority effective October 1, 2004 and an
extension of the McDonald Transit Associates, Inc. agreement, if necessary,
authorizing necessary actions and the expenditure of funds to complete the
transfer; and providing an effective date.
S. 2005-300 - An ordinance of the Denton City Council approving and authorizing
the Mayor to execute a master lease agreement providing for the lease of certain
tracts of realty at the City of Denton Landfill, by and between the City of Denton,
Texas, as lessor and the Denton County Transportation Authority, as lessee;
authorizing the expenditure of funds therefor; and providing an effective date.
6. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
approving an amendment to the Detailed Plan for Planned Development 173 (PD-173) zoning
district for approximately 33.65 acres. The subject property was generally located on the north
side of Robson Ranch Road, approximately 2,500 feet east of Florence Road. The Planning and
Zoning Commission recommended approval (7-0). (Z05-0017, Robson Ranch Golf Course)
Kelly Carpenter, Director of Planning and Development, stated that the applicant requested
approval of the Detailed Plan Amendment in order to add 11.37 acres of land to the Plan
extending the golf course. The applicant also requested some minor lot line changes within the
remaining 22.28 acres of the subject site.
The Mayor opened the public hearing
No one spoke during the public hearing.
The Mayor closed the public hearing
City of Denton City Council Minutes
September 20, 2005
Page 14
The following ordinance was considered:
NO. 2005-301
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
2000-059 TO ADD 11.37 GOLF COURSE ACRES TO THE DETAILED PLAN FOR
THE PLANNED DEVELOPMENT 173 (PD-173) ZONING DISTRICT AND LAND
USE CLASSIFICATION INCREASING THE TOTAL ACRES IN THE DETAIL PLAN
FROM 1361.3 ACRES TO 1,372.67 ACRES; SAID PD-173 CONTAINS
APPROXIMATELY 1361 ACRES AND IS COMMONLY KNOWN AS ROBSON
RANCH; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0017)
McNeill motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
approving the zoning of 95.16 acres from Neighborhood Residential (NR-2) to Neighborhood
Residential (NR-6) with an overlay district. The property was located in Tract 4A of the William
Roark Survey and Tract 11 of the J Edmondson Survey and was generally located on the east
side of Bonnie Brae, 1,300 feet west of US 377, and 2,800 feet south of Roselawn Drive. The
Planning and Zoning Commission recommended approval (7-0). (Z05-0020, Glenwood
Meadows)
Kelly Carpenter, Director of Planning and Development, briefed the Council on the details of the
proposal. The applicant requested the rezoning of the property to NR-6 with an overlay district.
The overlay would include the development standards that the development would consist only
of single-family detached homes and the density would be capped at 2.29 dwelling units per acre
for the 95.16 acres. Council had tabled the proposal from its November 16, 2004 meeting. At
that time Council had asked extensive questions about the flood plain and requested flood plain
studies. Council had since received that information.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Wally Creel, 15950 Dallas Parkway, Dallas, in support
Comment Cards were received from the following individuals:
Elsie Harris, 15950 Dallas Parkway, Dallas, in support
Jason Stephen, 7950 Elmbrook, Dallas, in support
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
September 20, 2005
Page 15
NO. 2005-302
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE OF APPROXIMATELY 95.16 ACRES FROM NEIGHBORHOOD
RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) WITH AN
OVERLAY DISTRICT GENERALLY LOCATED ON THE EAST SIDE OF BONNIE
BRAE, 1300 FEET WEST OF US 377 AND 2800 FEET SOUTH OF ROSELAWN
DRIVE LOCATED IN THE WILLIAM ROARK SURVEY ABSTRACT NUMBER
1087 AND THE J EDMONDSON SURVEY, ABSTRACT NUMBER 400 IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0020)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council held a public hearing and received citizen input on an ordinance of
the City of Denton, Texas amending the Denton Comprehensive Plan to include the Open Space
Concept Plan; and providing for an effective date.
Janet Fitzgerald, Director of Parks and Recreation, stated the Plan had received public review
and had been reviewed by the Parks, Recreation and Beautification Board and also the Planning
and Zoning Commission. She stated that there was some discussion among staff as to whether
this should be adopted as a stand-alone document or as an amendment to the Comp Plan.
Mayor Brock asked if this would affect the content and how it would be implemented.
Fitzgerald stated that staff would bring an implementation plan to Council at a later date.
Council Member Mulroy asked what aspect of this plan would disqualify it from being part of
the Comprehensive Plan.
Fitzgerald stated that there were a number of master plans that supported the Comprehensive
Plan but they were not amendments to the Comprehensive Plan.
Council Member Mulroy asked for an update in memo form of what the rationale was for the
different direction that was proposed.
Council Member Kamp requested that the Committee on the Environment look at the Plan before
it was brought back to Council.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
September 20, 2005
Page 16
No action was required on this item.
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a grant agreement from the Texas Department of
Housing and Community Affairs for Emergency Shelter Grant Program and to take all other
actions necessary; and providing for an effective date.
Council Members Mulroy, Thomson, and Montgomery left the meeting with potential conflicts
of interest.
Barbara Ross, Community Development Coordinator, stated that the Texas Department of
Housing and Community Affairs had awarded emergency shelter grant program funds to the
City. The award would be used to support homeless and homelessness prevention services
provided by HOPE, Inc., the Salvation Army, Christian Community Action and Denton County
Friends of the Family.
The following ordinance was considered:
NO. 2005-303
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT FROM THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR EMERGENCY
SHELTER GRANT PROGRAM AND TO TAKE ALL OTHER ACTIONS
NECESSARY; AND PROVIDING FOR AN EFFECTIVE DATE.
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye" and Mayor Brock "aye". Motion carried unanimously.
B. The Council considered appointing a voting delegate and an alternate voting
delegate to the National League of Cities Annual Congress of Cities.
McNeill motioned, Mulroy seconded to appoint Bob Montgomery as voting delegate and
Charlye Heggins as alternate voting delegate. On roll vote, Heggins "aye", Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
C. The Council considered approval of a resolution appointing members to the Board
of Directors of the North Texas Higher Education Authority; and declaring an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that the three incumbents had expressed a
willingness to serve another term. Those names were submitted for Council's consideration for
reappointment.
The following resolution was considered:
City of Denton City Council Minutes
September 20, 2005
Page 17
NO. R2005-035
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE
Mulroy motioned, Heggins seconded to nominate Jerry Falbo, Lindsay Keffer and Jim Brock to
the Board of Directors of the North Texas Higher Education Authority. On roll vote, Heggins
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
D. The Council considered approval of a resolution nominating members to the
Board of Directors of the Denton Central Appraisal District; and declaring an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that the incumbents wee willing to serve again.
Once nominations from all taxing jurisdictions were received, a ballot would be sent to the City
for Council to cast their vote to elect a member at the November 15, 2005 Council meeting.
Consensus of the Council was to hold consideration of this item until the DISD had taken action
and then coordinate the nominations with the DISD.
E. The Council considered nominations/appointments to the City's Economic
Development Partnership Board.
Linda Ratliff, Director of Economic Development, stated that the Council appointed a
nominating committee at the September 6, 2005 meeting to present a slate of nominees for the
Economic Development Partnership Board for Council consideration.
Kamp motioned, McNeill seconded to accept the nominations of Euline Brock, Jerry
Mohelnitzky, and Harry Crumpacker. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
F. The Council considered nominations/appointments to the City's Boards and
Commissions.
No nominations/appointments were made at this meeting.
G. New Business
Council did not suggest any items of New Business for future agendas.
H. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
City of Denton City Council Minutes
September 20, 2005
Page 18
I. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
1. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:43 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 3, 2005
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Monday, October 3,2005 at 11 :30 a.m. in the Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins,
Montgomery, Mulroy, and Thomson.
ABSENT: Council Member Kamp
1. The Council received a report, held a discussion, and gave staff direction regarding the
vendor selection process for the automated traffic signal enforcement program.
Lt. Scott Fletcher, Denton Police Department, reviewed the history of the automated traffic
signal enforcement program. The evaluation criteria for the request for proposal were also
discussed. That criteria included back office performance, technology and hardware, program
cost, experience/qualifications, termination plan and project approach. Five vendors responded
to the request for proposal. A red light camera committee was selected to review the proposals
and make a recommendation to Council. The Committee ranked the five vendors based on the
criteria and heard one-hour oral presentations from the top two vendors. Based on the
information received in the written and oral presentations, along with the comments provided by
other cities using the companies, the red light camera committee unanimously recommended
Redflex as the vendor for the City's automated traffic signal enforcement program.
Council Member Kamp arrived at the meeting.
Council discussion-
. There will be a need for a part-time hearing officer position.
. What portion of revenue stream would the State take - Fletcher responded none of the
revenue would be going to the State at this point in time.
. Need to discuss with TxDot to allow the City to place red light cameras at intersections on
State controlled roadways.
. This was a health and safety issue as opposed to a revenue stream issue.
Consensus of the Council was to proceed with the contract with Redflex as recommended by
staff.
2. The Council received a report, held a discussion and gave staff direction on the design
and impact of the proposed design changes to the Texas wholesale electric market design.
John Rainey stated that the Public Utility Commission of Texas had made a decision to redesign
the Texas wholesale electric market to a system based on nodal locational market pricing,
effective January 1, 2009. He stated that a nodal implied that there was a price determined at
every "node" on the system. A "node" was a monitored point such as a substation, generator,
demand meter, transmission line element, or customer. This system was not a solutions model; it
was a pricing model. It was not a market design model; it was a settlement model. The Nodal
system did not fix congestion; it priced congestion. It also collected more money from loads
City of Denton City Council Minutes
October 3, 2005
Page 2
than the actual cost of the generator redispatch used to fix congestion and paid the extra money
collected to holders of hedging rights. In Texas, the market design auctions the hedging rights to
the highest bidder and required loads to pay higher congestion costs and distributed that money
to players in a separate commodity market. A Nodal LMP model did not guarantee the lowest
cost generators would be used, did not guarantee the most efficient generators would be used,
based generator dispatch decisions on bids/offers that were not related to actual costs, allowed
"virtual" players to bid/offer in the market without having actual generation or load and sent
"prices" to loads who were the least able to directly influence market behavior.
Council discussed the various aspects of the nodal locational market pricing system. The
suggested process to follow was to start working with other elected officials in the Metroplex to
understand why this was a challenge for cities and then to have them try and influence State
elected officials.
3. The Council received a report, held a discussion and gave staff direction regarding a
petition of JNC Partners Denton, LLC requesting consent to the creation of a Water Control and
Improvement District at Craver Ranch, located within the City's extraterritorial jurisdiction
("ETJ"); and also annexation of real property in the City's northern ETJ under annexation case
no. A05-0002. The City Council reserved the right to convene into closed session to consult
with its attorneys under Texas Government Code Section 551.071 regarding any legal issues
related to this matter where a public discussion would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas or would jeopardize the City's legal position in any administrative
proceedings or potential litigation.
The Council convened into Closed Session to discuss this item.
With no further business, the meeting was adjourned.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 4, 2005
After determining that a quorum was present, the City Council convened in a Regular Meeting
on Tuesday, October 4,2005 at 2:00 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
Mayor Brock presented a proclamation for Fire Prevention Week.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3. CONSENT AGENDA
Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
A. 2005-304 - 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. 2005-305 - 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. 2005-306 - 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).
D. 2005-307 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of corrugated metal pipe for the Street Department;
City of Denton City Council Minutes
October 4, 2005
Page 2
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. 2005-308 - 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).
F. 2005-309 - 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 $1,000,000).
G. 2005-310 - 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 ofDFW in the amount of $135,000).
H. 2005-311 - 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 Airport Advisory Board recommended approval
(7 -0).
I. Approved 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 would take place at the North Texas Fairgrounds on Saturday,
October 29, 2005, from 7:00 p.m. to 12:30 a.m. The exception was specifically
requested for an exception of hours of operation for an outdoor music concert.
1. Approved a request for an exception to the Noise Ordinance for the purpose of
"The Jesus Event", sponsored by the EI Shaddai Ministry. The event would 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 was specifically
requested for an exception of hours of operation for amplified music on Sundays.
K. 2005-312 - 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 recommended approval (4-0).
City of Denton City Council Minutes
October 4, 2005
Page 3
L. 2005-313 - 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
recommended approval 4-0.
M. R2005-036 - 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. The Council held the first of two public hearings to consider the involuntary
annexation and service plan for approximately 5,800 acres. The property to be annexed was
generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction
(ETJ). (North Denton Annexation, A05-0002)
Kelly Carpenter, Director of Planning and Development, stated that the proposed annexation
involved 5,800 acres. She reviewed the annexation schedule of announcements of intent to
annex the proposed property. Residential units and small businesses were in the proposed area.
This was an involuntary annexation with 11 letters of opposition as of this time. The Planning
and Zoning Commission had considered the proposal in a work session and was scheduled for
public hearing on October 12, 2005.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Betty Hilton, 5575 Green Valley Circle, Aubrey, 76226 - opposed
Lisa Jenkins, 3419 Sauls Road, Aubrey, 76227 - opposed
John Johnson, 1517 Linden Drive, Denton, 76201 - against as presented
Bessie Lou Dobson, 5547 Woodland Hills Drive, Denton, 76208 - opposed
James Whitlock, 4697 Warschun Road, Aubrey, 76227 - opposed
Wade Owen, 7533 Somerset Lane, Aubrey, 76227 - opposed
Walter Warschun, 2702 Warschun Road, Aubrey, 76227 - opposed
Harry Coulter, 9267 Lake Ray Roberts Dam Road, Aubrey, 76227 - opposed
David Waller, 2709 Pin Oak Lane, Arlington, 76012 - opposed
Buddy Dobson, 5547 Woodland Hills Drive, Denton, 76208 - opposed
Glenna Allen, 9651 FM 2153, Aubrey, 76227 - opposed
Harry Down, 9325 FM 428, Aubrey, 76227 - opposed
Misty Ventura, Hughes and Luce, representing Craver Ranch - opposed
Walter Ray, 10744 FM 428, Aubrey, 76227 - opposed
Merwyn Lynch, 5437 Green Valley Circle, Aubrey, 76227 - opposed
City of Denton City Council Minutes
October 4, 2005
Page 4
Ron Carter, 4105 Hartlee Field Road, Denton, 76208 - opposed
Mark Hannah, 3517 Bentley Court, Denton, 76210 - opposed
Darrel Rundus, 7617 FM 428, Denton, 76201 - opposed
Katy Klinke, 7024 Burger Road, Aubrey, 76227 - opposed
Thomas Hutson 3428 Sauls Road, Aubrey
Mary Craver Denny, 8684 FM 2153, Aubrey, 76227 - neutral as JNC Properties was in
default on note payment to her at this time
Sharon Riddle, 5525 Woodland Hills Drive, Denton, 76208 - opposed
Todd Harkey, Burger Road, Aubrey, 76227 -opposed
The Mayor closed the public hearing.
The following individuals submitted Comment Cards:
Misti Simms, 6075 Green Valley Circle, Aubrey, 76227 - opposed
Sandy McBurnett, 9495 FM 428, Aubrey, 76227 - opposed
Sam McBurnett, 4742 Warschun Road, Aubrey, 76227 - opposed
Emma Bingham, 5589 Green Valley Circle, Aubrey, 76227 - opposed
Ray and Joyce Lynch, 5475 Green Valley Circle, Aubrey, 76227 - opposed
Wanda Carter, 4105 Hartlee Field Road, Denton, 76208 - opposed
Larry and Lisa Allen, 5548 Woodland Hills, Denton, 76208 - opposed
Shirley Harris, 7056 Burger Road, Aubrey, 76227 - opposed
Mary and Gary Ewert, 5953 Tom Maxwell Road, Aubrey, 76227 - opposed
Debbie Terrill, 3891 Warschun Road, Aubrey, 76227 - opposed
Sharon Copeland, 1593 Shepard Road, Sanger, 76266 - opposed
There was no action required for this item.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution nominating members to the
Board of Directors of the Denton Central Appraisal District; and declaring an effective date.
Diana Ortiz, Chief Financial Officer, stated that the resolution would nominate members to the
ballot for the Board of Directors of the Denton Central Appraisal District.
The following resolution was considered:
NO. R2005-037
A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF
THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE.
McNeill motioned, Thomson seconded to nominate Rick Woolfolk and Charles Stafford. On roll
vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson
"aye" and Mayor Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
October 4, 2005
Page 5
B. The Council considered 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. (Loop 288
Widening from Hwy 380 to 1-35E)
Frank Payne, City Engineer, stated that the agreements would allow for voluntary utility
relocation for two advance funding agreements.
The following ordinance was considered:
NO. 2005-314
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.
McNeill motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Mulroy requested a public hearing on the Safety Kleen
permitting process.
2. Council Member Kamp requested an update on the code enforcement issues and
accompanying ordinances.
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
E. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
City of Denton City Council Minutes
October 4, 2005
Page 6
F. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned 3 :30 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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AGENDA IN FO RJ\1,<\'n ON SHEET
AGENDA DA IE:
Decerilncr 6;2005
DEPARTMENT:
LegalD~partment
CMfDCM/ACM:
Ed Snyder,City Attorney
SUB.JF.CT: Consider an ordinance of the City Council oIthe CitY:. of Donto11, Te~asauthoriiing
the City. Manager to execute a professional services a,,'feemem\vith Fletdicf,& Springer, LLP
for prol'essional kgal services relating to litigation styled Deli/oil Firefighters Relief &
Rctircmelll.FlIIu/ v. City of DelllOlI, Calise No. 2005-303,89'211, ..currently peilding in the f ll'h
District. Coutlof Denton COUl.lty,. Texas; milhoriiing)llc cxpehdilure of flmds therefor: and
providingan:effeCtive .date.
BACKGROUND: Thclawfirll1 .o'fFletcher &' Spriilger'has pl'Ovidedou'tstanding legal services
to the City of Denton at a very nffordablccosl. The finll's f",es.are ,c:onsislcnllYlll'or belo\v the
Ices charged by Deillon Iih,: firnis;
OPTIONS:
I. Pass the ordinance to authorize exeoution oftheagr~emonL
2. Decline tQ pass thoordinanoo lOcaulhorize exeoution of lheilgreemont.
FISCAL INFORMATION: The agreemeIll oapslegal fees in this matler alS3'S:OOO. and'the
agreementwould,noed to be,mQdified to exooed thaI ,figure.
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ORDINANCE NO.
AN ORDINANCE ,QF THE CITY COUNCIL OF THE en;y OF DENTQN, TEXAS
AIJTHORIZING THE CITY:MANAGE~'rb EXEGliTE A PROFESSIONAL SERVICl'S
,\GREE1\.fENT WIIH FLETCHER &,SPRINGER, L1.P" FOR PROFESSIONAL LEGAL
SERVICES RELATTN,GTO LITIGATION STYLED.DENT(J.I'';P1REFlcirTEliS RErjEF &
RETJllEMENI FUNIJ,v.C:/Tj' OF [lIMI'O/v; CAUSE NO,. 2605-J03~0"2.11 ,CURR:E~'f.LY
P ENDh'\1G iN TIrE 21111; DlSTRICTCQTjRT OF ,QENTPN COtJNTY, TEXAs;
AUTHORIZING THE E)\PEJ\'DITURE OF FUNDS NOT EXCEEDING THIRTY-FIVE
THOUSAND DOLLARS (535,000) THEREFOR; Al'-'D PROVlpL'iG AN. EFFECTIVE D~TE.
WHEREAS, theC~ty;CQ(li1c.iJ.dccms.it neecssary, appropriate, and'in the,pubiic interest
to engage the law linn of Fleleher & Spring~r, LLP CFIClch,,,"), of Dallas" Texas, ,to provide
professionallcgal servicesrclating to litigation' styled DeI/lOll j"irefigiuers ReiieI& Retirement
PUI/d \'. City or Demoll, Cause No, 2005,30380:211, currently pending in the 21/ ,h District.Co,urt
of Denton, County, Texas: and
WHEREAS, the City hasprevious.1Y retained and engaged the professional legal services
of Fletcher, and Fletcher' has opcnited under other professional services agreemelllswith the Chy
rcgarding legai representation; which have demonstrated Fleteh~r's expertis,eof relevant issues
eoncemiilg'the:City: and
\VI'rER.EAS.~ ciiy staffhas)reported to the CityCouneil that there iS,a sllhstantial need;for
the .hereinabove ,describci!profCssional serviCcs: and that litllited City stall' eannot adequalely
perfoml lhe specializedlcgalservices wilh its own personn~l; and~ .
WHEREAS, Chapter 2254 oflhe, Texas Govelllment Code, known as the "Professional
Services Procurement Aet." generally prg;'idcslhat a city may' not select ,it provider of
professional scrviees On the b"sis .of :coi1lpetitil'e bids;, but musl select the provider of
professional services on the baSIS' of demonstrated competence; kn(l\\'19dge,.,and '1urilificatioii~,
and for a tair and reasonable,price; and ti,e City eOlUlciFlierebyfiridsaridconoluiles tbat FlCtehcc
is ap'propriately qualified under the provisions ot"'the law to be retained;as, outside I,egal counsel
for the Citv; and
WHEREAS, lhe <:::ity GOllneil has provided In the CilY budget for the a]1pr61~riation' of
fllnds,lo be used for the procllreli1em of lhe foregoing pmfessionallegahcrviecs,,'as 'setforth'iit
the Professional Services.Agrcement; NOW. THEREFORE,
THE COUNCIL ,OF THE ,ClIl' OF DENTON HEREBYORDA1NS:
SECTION I: The recitations in the pre,imble' are true and eOITect, al1d arc iucorPbraled
herewith as part <if this ,ordinance.
SECTION 2: The City Maringeris hereby alIll10rized t6executea Professional Seli'iees
Agreement with Fletcher & Springer, LLP, for professiorlalleg~L s,er:vic,es r"lating l() litjgatio)l
r
styled Dellloil Firejighlei',y Relicf & Relireillenl FIIIIII'\', ['ity ojDCIlIOlI, Cause No, 2005-30380-
ill, ctllTently pending in the 211lh DistlictCourt of Dent()n C;ollnty, Texas,iri substantially the
form of tlfe Professidnal Sei'Viee~ Agreementattaclled hereto aili:1 incorporated herein by
reference,
SECTIOn 3:111e ",vard of this Agreenienlis oil .thc basis of the demonstrated
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competencc undqualifications of Fletcher & Springer,. LLP .and' the abilityeif Fletcher &
Springer, LLP lei perforni the professional legal services nceded by the City for a fair and
reasonable price.
SECTION 4' Theexpcriditure of :ftinds, not to exceed thirty-five thousand dollars
($35,000), is. hereby authorized,-us'provided in thc attaehed Professional Services AgrecmcriL
SECTlON 5: Tliis\ordiiliuice shall Ii~cume. elYeclive immediately upon its .passa!o<:e and
approval:
PASSEbAl'-iD APPROVEbthis the
dayof
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EULINEBROCK;.MA'I'.OR
ATTEST:
JEN"NTFER\VALTERS, CITY'SECRETAR'I'
By:
APPROVED AS.TQ-I:E6'l\C"FORM'
ED\\'IN-rvCSNYDER- CITY ATTb~
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COl\'TRACT FOR PROI'ESSIONAL LEGAL S,ERVICES
STATEOFTEX."}S ~
C:OUNTY OF DEmON ~
'This AGREE~'IENT. made and elHcred into this the day of ,ZOOS
hyand betwecn Flctch~r & Springer. LLP, 8.750 North Ceiural Expressway. I (J,II Floor,. Dallas,
Texas 75231, hereinafter referrcd to as "Consullant". and the C;ity of Dcnton, a'Texas'l11unicipal
corporation, 21S East McKinney, Dcnton, Texas 76201 ,ht5reinafterreferred to as "City":
WITNES'SETH
WHEREAS, City finds, it necessary tocm[lloy outside legal counsel to .perfoml
profe"ional legal services regarding litigation styled De!lloJ/ Fire(ig}u<'/,s Relikf & Re/iI'ellletl/
Flllld v. .Ci[\! o/Dellloll, ,Cause No. 2005'30380. cU1Temly peilding in the211'h DistiiCI Conrt in
Denton County; Texas; and
WHEREAS; Consultanhs willing to-perform suchserviecs in a professional mal1ner'lS
an independelH contractor; and
WHEREAS. City desircs to engage Consullant to render thc professional services III
conncetion therewith, andConsulta1ll is williilg toprol'ide suehscrvitcs;
NOW. tHEREFORE. in considcrmion ofthe,promises'll1d mutual obligationsher"iii; the
parties,hcreto do hereb}'l1lutually AGREE as follows:
I. SCOPE OF SERV1CES
Consultant shall PCrJOnll the following services in a profess!()n'llnianller working ,.asan
independent comractor nor'ulldcr the dircd supcr.'isionand control o(Citx:
Services to be provided:
I. :Consultant slmll evaluate therck"ant Cac!s and eircumstances. and'shall advise City. by
writtcn opinion, with respe}:t toilS options ,mid the,kgalily-:of sueh opti""s, including
researching and responding,to requests for legal services,
2, Consuhul1l shall also.consult, as requested: witlllhe City Manager.i!he City Attorney, and
any other designatcdCity staff members, rcspectingany, ~lld'all,aspects of thcscrviees to
be IJerformcd ulld~r.this Agreement,
J. Consuham shall perf 01111, .all the prof~ssjonal ,services required in a timely fashion, aild
shall complete samc in compliance with sehedulcsestablished 'by City through its City
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Attorney, lhrough -discussions with Consultant. aS~irpropriale tocan-yolll the lerms,and
eoIiditions of tliis J\greement,
4. C:onsultam shall,:aS directqdby the ,City thr9~gli its City Attorney, appear on bchal[o[
Cit)'and reprcsenLthe Cityns trial counsel. ill the aforementioned ci\'il 'lction.
2, TERM
This Agreement shall be lor atcnn.of36 mOlllhs, beginnitlg cf!"ctive",vecember 1, QUOS
and ending Oil November 30,.2008. This Agreement may be'sooner tenninated in aceord'lnce
with the provisions hereof Time is of the essence of this Agrecment,and CS)Jlsultamshallljl,ike
all reasonableeJlorts to complete the.serviees sel fOfthhcrciiJ as expeCi[tiously asj)Qssiblc "u~ing
the lenn Of this Agreement,.3nd to Illeet tbe'schedules established 'by City, thr9l!gh 'its' City
Attorney, or as lhe pro),,'Tess of t1,is mailer may rcq!lire.
3. COMPENSJ\ TlONAI,,iD IvlETHOD Or: PA YMENT
A. Consultam shall ,:h'lrge the iallowing fees for its professionalscrviccs hereunder, based on
the lollowing fees for' its professional servie.es hereunder, based' on the following hourly
billing rates for the rittomeysand SUllportstaffinvolved in this mailer:
Partners
Assoeiate./\lIomeys
Paralcgals
.S 150/hour
is 140fhour
S6SnlOur
Time will be billed at one.tenth (.1) hour minimllm billin2 increments.
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13. 'CollsuItanl will try to rcducc costs whenever feasihle by utilizing qUillified prin9ir.als;
associates, paralegals, ,and law clerks, ConsuIta,nt shall bill,Ciry through the subniission of
itcnii7.ed invoice's. statcmcrlls, ai)d other do6unlEml~1Iion, togcUWf' wi lhsupporting'data
indicating lhe progress or the work and the scrv.lces perron1l9d. t\'fonthlystatcments sli'lll
show hoilrly rates indicating who performed the \\'ork" \vhat t)ipe of \vork was done,
descriptions or details of all 5erVlces rendcred, and, specific descriptions and supporting
docmncmatii:lII,if available, .of any rc'asonable and necessary out-ot:poekct expellses
illcurred..
C. (:onsullanl estimates and City' agrees Ihal all charges for the legal services here'tuidcr,
illcluding reasonable Olll-ot:pocket expenses, shall 1I0t exceed thirty five thousand dollars
($35,000), absent modilicati.on of len115, and Consultant agrees 10 notify ,CitY,and seck a
modification of the AgreemeI1lshould the touiI fees cxceedsucn'amollnt. It is understood
and a!ieed that the course of-litigation is difficult to predict and that modification to,exceed
thc total fee .'lmounlmay be. required.
D. City shall either pay directly orreimburse Consultant, 35 the casema}'. be, lorreason'lble and
necessary actual oUI-of-pocket expel1scS, ineluding bm not limited to, long,distance
telephone. telecopier, reproduction,. oveniight courier, on-line research, and travel. All
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ComrJCt Eor Professional Lega! Scnii<:cs,'-Prige 2.
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copies will bcch~irgcd at rhe rate often cents (SO. 1 OJ per cop~ ior c(lpies madc "iirhin
ConsnJtant's ofJiecs, with asmnchphotncopying as possible being donc by outside vcndors
ai bulk faleS.or by thc,city to reduec costs ifblilk copying is necessary, The partics agrcc that
there \,'ill ,bc no charges for ontgoing telecopies or incol11ing tclecopies. \\Theile';er feasible,
City cllcourages cost savingshy transmitting do.cumcms in Microson IVOfd Or Adobe
.~crobat fornlats. aitached to c-m'liltransmissillllS:
E. The parties anticipate in\'oic.es or..stalCmcnts for ,ervices viii I he generated on.a monthly
basis and that said invoices or statements will he scnrOIl or ahout Ole I" dayofe,achmonth',
City shall make p~ymem J[) Conslrltant witliiii 30 days ofthesaiisfador)." cOluplctiono(
s'crvic.~~ ~nd receiptoi' 'all 'itemized iilVoice orstatcmenl. All feimbursablccxpenses,
including. but n01necessarily limited to, travel, lodgirlg, and meals shan-be paid at the actual
COSt, PllrsLiant to the terms, ~ciiiditiotjs, 'aiJiJliinitations hereinabove..scl forth. All invoices
and bills sballbc.approved for payme11l hY lheeily Attorney.
r. It i~ understood that Consllllant shall ,Work with the coordination and 'general supef\:ision 9f
the City Anomey or the Depm)' City AlI0J11CY.
.G. All notices, billing statements and invoices shall bc made In writing and may b,c 'giyen h)'
personal delivery or by n,laiL Notices andinvoicps S~jll hy mail shall b~ addressed to: JerrY
E. J)ra~c,'Jr., Dcput~, Cit)' Attorney, 215 East McKinney, Denton, Texas 7620LWhen so
,addressed, the noti~e: invoice, and/or pa}"lcnt shall .hedeel.lltd gi,'eh up,ondep()sit in the
United Stales Mail, po~tage prepaid. ln all .other instance" noticcs, invoices. and/or
payments shall be dcemed given at the rime of actual delivery. Changes may be made, in tht
n:lmes, and addresses of the rcspbllsible person Of .office to' wh'omnotices, invoices, and/or
paymcnts are to be sent. provided re'L'OlJablc written notice is given.
4. PROFESSIONAL COMPETENCY
A. Consultant agrees that in thcperfornlance ofth'ese professioilal services, Consllltal1l.shall be
f~spbnsible for thc, level of compcteney, and shall use rhe same degree of skill and carc
presently maintaincd by, otiwr practicing pmfcssionals p.erfonning the salll!" ,Of similart)'-pes
or work. r:or the purpose of t~is.Agrccmi'nt, the key person \vliowill he pcrfornling most of
the work hercundcr, shall be William W. Kruegcr, 111. However, Jlothing.hcrein.shail limit
C:onsultant from usingnthcrqualiticd and Conlpetcnt melilbers ,of'its tiI.in to perforlj) tile
services rcqui"reu.herein.
13. All legal qpinion$ :lnd other legal documelits pfcparcd or obtaibed under the lemlS' ol'tliis
Agrecmcl1l are.instrumel1ls ofsef\'iee and City shall retain owncrship'and'" propenyintercst
thcrein. Ii this Agreement is tcrminated at any time lor any'reason pri(jr' to payincnLto
.O:lllsuIIriilt for work.undef .this-Agreemeiit, all-such documents prepared or.obtained under
the ternlS of the Agrccmelll shall upon tcrminatiunhe delivered to and' becomc the property
of City upon req~est and without restriction on their usc, Or fLirther compensation to
fonsultant.
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5. ESTABLISHMENT AND'lvlAh\jTENANCE Of RECORDS
Full and acclJrare rcconls shall.bc maintained by Consullant at its place of business with
rcspect to all matters covcrcd by this Agreement. Such rccord~ shall be. maiiltbined for a' period
of at least thrcc years afterre'ccipt oflina' pa~111entunderthis Agrcemcnt.
G.AUDITS ANOfNSPECTION
At any time during normal business hours-and upon reas(luaIJIC notice to Consultant.
thcrcshall he made available to City all of Consultatlt's records willi respect to all matters
co\;ercd hy this Agrcemcnt. Consultant shall pennit City to audit, examine. :and make cxccrpts
or transcripts from such records,alid to l11ake audits of contrac,IS.. ilivoiCcs, materials, aild other
,dntaTClating to allmalters covercd by this Agrecmem.
7. ACCOMPLISHMENT Of PROJECT
Consultant shall commence, carry 011,. a011 complctc . any and all prOjects \,'ith all
practicabledispaic(:GI a sOund, ecoiiomidl illld efficient manner. and; in accordancc witll tllC
provisions hereof and all applicablc'laws. Inaccomplishil)g the p(oj.ects, C,onsultant shall take
sll~h stcpsas are appropriate .to ens;lfe lhhtlhe work involved isproperlycoordinatcd..with
related' work.bcing carned on by city.
'S, JNDElVli'IITY t\Nb INDEPENDEmCONTRAGTOR RELATI()NSHTP
A. Consultant.shall perfonn all services as .an independent contractor not under. the' direct
supervision.and control ofCilY' Nothing heretilc$hall bc construcd as creating,a re.lationship
ofemploy<;rc<!pd cmpl0yee belwccnthcpaf\ies. City and .Consult,mt agrc'c.lo cooperate inllio
dcfense .01' ally c.lainis, acti6hs, suits, or proceedings.of any kind brought by.. a tbird party
whiclnnay result from or directly. or indirectlyarisc from "ony: n~gUg9nce 'an.d/or errors):)r
omissions'on thc pan <.ifConsultaill, or f(om aily breach ofC()nsciltant'.s oiJligalions iuidcrthis
Agi'c~mcrll. In the cvent .auy litigation or claim is broughlundcr tllis Agreem"ru in which
City is joined as a purt.. Consultant shall provide sl.itablccocinsel to' dcfcilcd City an11
Consultamagairist such ~bim; providcd howe\'er, that Consultant shall have the right' to
proceed with competent counsel of .its own .choosing. Consultant agrees. to dcfcnd.
indemnify and hold hannles's City and all Of its oHicers; attorneys, agents, ser\'ants. and
employees against any and aU such cbims to the cxtem of covcrage by Consultant's
professjonulliabihty polky. Consultant agrees to.pay aU _expenses, includillgbut not limitcd
to attbrn~y's' fees~' and satisfy all judgments that 111ay 'Iie 'incurrcd Or rcndered against
Consultant's professional liability insurance policy. Nothing herein ,constitutes a wai("erof
uny righls()r remedies City may hav.c to pursue under eiihei' la,,: o(c,!'uity, including, \viihout
liniitati6n; ilcaus<.:of actiOli for specific'peff6nnanccor for. damagesia loss to City; resulting
rrom Consultant's negUgeru crrors'or omissions; .01' breacb of comract,aild "IIS11th riglns and
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remedies are.exprcssly rcscrved,
Contract For Professiollal Ltgul Scn"ice.s- Page.4
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R Consultant sholl maintain and shall be callscd to be in force at all times dUliugthcteml of
this Agreement, a Icgally binding policy of professionalliabiliiy insurance, issued by an
insurance carricr approved 10 do bllsincss, in the 'State of Texas' by tile Slate Jusui'atiec
Commission, which 'carrier must be ratcd hy Best Rated Carriers, w:ith a rating Of ",-\.H or
highcr, Such coverage shall c,ovcr imy claim hereunder occasioned,by Consultant's negligent
profession~1 act and/or en'or or omission. in anamollm no! Jess than S500.000 combined
single limit coverage occllrrence,' ]n theevenl of change ore a'ncdl at ion of the policy by the
illsurer,' COIJsullant hereby coven~nts 'toilllmediatcly advise City there{)f: and in sllch, c"cm,
Consllitam., shall, prior to the efj'ectiv,c date of change oi- c~neellation, sCr\;c,'a"suostitutc
policy.lllmishing the same cO\:eragc to City; Consultilllt shall provide ,n copy of Sllell policy
aJid the declarations page oflhe existing policy to City through its City Attomey,
simultaneously with theexceillion.ofthis"\greem,,ht.
9. TERMfNA TlONQF AGREEMENT
,J.,. Iii conneCtion wilh the work outlined in this'Agrccmcm,it is'agreed ahd fully un<.!erstqo(! by
Consultant that CIty may cancel or indelinitely suspcnd further w:orK her~bndcr or temlinate
this' Agreement aLilhy linie. IIp'on' "Til1cn, ;lotiee to Consultant. whereupon. Gonsullant shall
cease.all work and labor being perlormcd under .this Agreement ,Consultal11 may temliJl~tc
this!\greemenL by giving City 60 ,days written notice that Consultant is, 110 longer in a
pdsition to continue, represcnting ,.City: Consultal1lsh(111 invoice City for all work
satisfactorily completed and shall be compcnsated in accordance with the temlscif' this
Agrecment.' All rcpons.and otherc!o"cUlllents. data, or, work related to the projccl shall
become the property of City upon temlination of this Agreemcnt
8. TliisA!,'feemelll may be tcrminated in whole or ill pan. in wri\ing, ,byeilhcrparty in, t)Jcevcnt
of substantial failure byrhc other patiyto full, II its 6bligationsunder t1risAgrcemerinlirough
110 fault of the terminaling party. : Provided, however, that no such lemlination lIlay be
effected, unless the other party is givcn [I J wTil1cn notice',(deliveredbycettified mail, re'turn
reccipt rcquqsted)of intellt. to tenliinate, with' not less Ihail' 3.0 calelldar days to cure, the
failure; and [2J all opportunity for consultation with thc temlinating party prior to
ltffilinatlon.
C. Nothing containcd herein or c1s9whcrc' in this Agrecment shall rcq~irc City to pay for ~ny
work which is unsatisfactory 'or which is,nol submitted in compliance with, thc,terms onhis
Agrecnlent.
10. AL'I;ERl'lATE DJSPUTERESOLUnON
Consultant agrees that, if ncc~ssar}', it \\'ill use its besl.erforls to.rcsoJ've any disputes
regat'diJlg tilC Agrcemet;t through the use of mcdiation or other fomls of altcrnatc dispute
resolution set forth in Chapter 154 of the Texas Civil Practice aJld RClllcdie~Code. '
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II. ENTjREAGREEMENT
This Agreement reprcsents the. entire agreemcmand understanding betwcen t\ie'partics,
and any ncgotiations,proposals, or \lraI ~grc~nJents are intended lo be integratcd.l1~reinand to be
superseded 11)' thiswritten.Agleeihellt. Al1Y SIlpplcmcnt or amendment to tllis.A.h'feemeJ1l10 he
efkctive shall bein writing and signed by City ,indConsultant, . .
12. COMPLIANCE WrrHLAWS
Consuhant shall comply with all federal, slate,. and local laws, nlles.regulatlons, and.
ordinances applicable to the work eO\:ered hcrcunder'as they limy IlOW read Or hcrcaJkr be
amended,includillg but not limited to the Tcxas Disciplin:lry;RlllesofProfessi6nal Conduct.
13. GOVERNING LAW
For the purpose of detennining place of ,agreenient alld hi,,; .goveming same. this
Agrccment is entered into in thee. it)' andCoulIty of Dentoil, State of Tcxas, andsl1all be
gClI'emed by the laws of the State of Texas. \' cnue and jurisdiction of any suitorc,~use ()faetion
arising undcr or in connection with this Agrecment sha,llbeexclllsi\'elyi~" couIi'of,competent
juiisdiction silting ill Dcnton C6unty.
14, DlSCRIMINA T10N PROHIBITED.
In perfOnlling theservi<;es require~ hereundcr, C9nsuLt~nt shall not discriniinate agaitlst
any person on thp basis ofr:lCc, colOr, religion, sex. I;~llional origin or ancestry, age, or-physical
handicap, .
IS, PERSONl\'EL
A. Consultant represents that it has or will "secure at its own expense all personnel'requircd to
perform all the sen'iccs required under this Agreemcl1l,. Such pcrsol1I!c1 shall not hc
employees or ha\'c ailY contractual relmioilS with City, ('onsult:int shall infonn City orany
conflict of interest or potcntial conllicl 0/ interest that may arise during the tenll of this
Agrecmcnt, in accordance Wit\l Consultant's rcsponsibilities undcr the Te.xas Disciplinary
R LIles 0 f Pro fessionaL Conduct.
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B. All services required hc~under will.ne p'erfoniied by Co'nsultanl or tinder its direct
supcrI'ision, All pcrsbnnelengagcd in work shall be qualified and shall beaulhorized or
pemlillcd lindeI' statC and local laws to perform suchscrI'iccs.
16. ASSIGNABfLrrV
Consultant shall not assign any interest in this Agreement and shafl not transfer any
interest in Ihis Agreemel1l (whcther by assignment. novation, or othenvise) without the prior
Millen conSCllI oL(:itythereto, .
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CnntractFor Profession,1I ~ega! S(-~'icCs - Page 6
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17. SEVERABILITY
All agreements and eoven.ants contained herein are severable;..and in the' event any or
them, with the exception of Ihoseeontaincd ,in s~Hions head~d "SCOI~~ of Services",
"r ndependcnt Contractor ,Rclal1()J1ship," and "c'omperisationand'Mcthodo(Payment" hcreo'!:
shallbc held Laube:, invalid by any court of competent jurisdiction, this Agrccmenlshallbe
interpreted as ihoughslleh invalip agrec.mems or covenants ''';''1'<: not ,contained herein.
IS. RESPONSffilLlTIES FOR CLAIMS AND LL:\BfLITY
Approval by City ~hallnot constitute. norbe deemed, a release,oI'the resjlonsibility and
liability of Consultant for the ace.uracyand,tompetencyof its wWk; nor shall slIch approval be
dcemed to b';'.on assumplionof sllch responsibility orCilY for any defect in any rcport or other
documents pi'eparcdby Consultant, ilS elilployces, officcrs, agents and .consultants, '
'I\!, NI0DIFlCATlON OF AGREEMENT
No wah;'er or nlodi ficatiolr or this Agreement o!'ofany covenant. condillon, or limitatIon
hcrcin comaincd shall be valid unless in ,writing and duly c'xecllled by the ,party to be...eharged
therewith. and no evidcnce of an\' waiver or m;,ditiemion' shall be offercd or reccivcdjn.evidence
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in an)' p1'Oceedingarising between the parties hereto om of or affecting this Agreenfem. or the
rights or obligations of the parties hereunder, unless such waiv~ror modifieaiion is iri ,,:Iilillg.
duly cxecuted as, aforesaid; and, the parties fUI1her agree that the provisions 0'1' this section will
not be waive(I,as hereiJ1'Set fortb.
20. C:APTlONS
The' captions of this t\greememare lor infomlalional purposes only and shall not in any
way affeet tbe slIbs'tamivc terms or conditions of this AgreemenL '
21. BINDfNGEFFECT
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This Agreement shall'b,e hiildillg,upon,and inure 10.tn" bencfit,of the parties hereto and
thcir respective heirs, executors, adll1lnistralOrs, legal representative~:' successors, and ~ssigns
where pCnl1lt~e9 hy this' Agreement" '
fNW!Tl\'ESS HEREOF. thc City of Denton, Texas, has cllus2d this Ah'feemelit to be
executcd in duplicate originals by its duly authorized City Manager, and Consultant has execnted
this Agreement through its duly authorized undersigned pal1ncr; dated this tbe day of
,2005.
('/.mtract For Pru[cssionlll Legaf Se-r\,(ces- -:- Page,j
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ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPRqVED A~J..EGAL-I;:OJ~J:
ED\/:J;..-S1\TYDER.CITY A TT,EY
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CQntf:J:ct ForPruf~ssi{mal-l.cgat Services - Page 8
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!iGW!lt'+, <?T >"';?? "JJF..?". /.~.. :.'i:J;
CITY OFDENJON
BY:
MICHAEL A,CONDLJFF.-.
C'lTYIVrANAGER .
FLETCHER & SPRINGER. LLP
BY:
WILUAM IV, KRUEGER, HI
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AGENDA INFORMATJOJ',' SHEET
,AGENqADATE:
December 6, 2005
DEPARTMENT:
Legal. Del~arti'11qnt
(i\'l/DCMIACM:
Ed Snyder, City Allpmey
SUBJECT: Consider un ordinance of the City Council of the City Of Denton, Tcxas uuthorizing
the Cily Manager to c>;ccntc a Contract for Professional L~gal'Ser\;ices with Terry Morgan &
Associates, p,c. for professional legal services relating to isslIesand anticipaied litigation
surrounding the anllexation in the northern' pan .of 'the City' of Dcn'ton:, allthorizillg the
experiditure of funds therefor; and providing ail effective datI.'..
BACKGROUND: The lei\" firm of Terry Morgan 8:. Associ~Ms has', consistently, provided
out~iandil\g legal scrvic'es ill a vcr)' alTordable cost. Thc fii-mhas'a long reCord for handling
cases for the Cily,and has successfully rcpresented the City \Jf D~ntoniri'very similai-nlattcrs,
Thcir fees are ci:msistcntly al.6r Helow the fees ehargedby Delllonlaw finns,
OPTIONS:
,I. Pass the ordinance to authorizl' execution oflhe agrccnlefu"
2, D,ecliric to pass the ordinanccto authorize execlltionoftI)c~greemenl.
FIS(:ALINFORMATION: The ,igrect'ncni,c,ips legal fcesin,this matter at $30,000, aJld th"
agreement would need 10 be modified 10 cxceed that figure,
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_R~tfully submitted,
/
(' .___--- ...c'';''
~krry-, ,c;
Deputy City;
5:0.,. r~~.""",,"''''';'''~ll~<t:tJJ.l1~.uou;.. i::.1o~,-"""" ~fT'""'!llll~)":,
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ORDINA."ICE NO,
Ai'", ORDINANCE OF THE CITY CO\JNC1L OF THE ClTY OF DE'l\rrON, TEXAS
AUTHOf3..lZING THE CITY tvlANAGER TO EXECUTE A CONTRACT tOR
PROFESSIONAL LEGAL SERVICES WITHTERRY,vlORGAN & ASSOCIATES, P.c., FOR
PROFESSlONAL LEGAL SERVICES RELATlNG TO lSSUES ANI) ,"u'HICIPATED
LITlGATION SURROUND1NG THE .".NNEXATlON IN THE ~ORTHERN PART OF THE
CITY OF DENTON: AlJTHOR,IZING THE EXPENDITURE OF FlJ1\'DS NOT EXCEEDING
THIRTY THQUSANTI DdLLARS (530,000) THEREFQR;. AN'I) PROVlDh\lG AN
EffECTIVE DATE. . .'
WHEREAS, the'C;ty Council deems it neccSsary, upjJropnate, miO in the public illtcreSI
to engage the law firm or Terry Morgan & Associutcs,p,C.. to provide professional )egal
5erviees rela'ting lOissues and anticipated litigation surroullding lhe armexalion in the.northcni
part of the C,ty ofDcnton; and .
WHEREAS, the City has previously retained and crigage\1 thc prol'essioJ1allegaIserviecs
of Terry Morgan & Associatcs 011 nUlllcrou,s oeea?ions, andithas .opcraledunder.numerousother
professional scrvices agreemellts with the City regarding legal Hwesematjgn, aild has
dcmonstrated considerablc'expenjse ol'relevant issnes concerning tlic Cily; alll:l
WHEREAS, Cily sla[fhas rcported to lhe CityCouneil that there isa substiilliill nced for'
Ihe hereinabove described professional services,. and that lirilited City staff cannot adequately
pcrfoml lhe specializcd I<;;gal scrvices;\vith its own pcrsollnel; and
WHEREAS, Chapter 2254 of the Texas Govetilment Codc; known as the "Profcssional
Services Procurement Ac!''' generally providcs thaI a city may not st'lect a provider ot"
professional seryices on thc basis oI'compelitil'e bids. but must 'select the. provider of
professional Serviccs 011 Ihe ba'sisof demonSI,rated compctence, knowlcdge, ang'qualifications,
and, for a fair and reas"nablc pricc; alldlhc.Cily Cgulleil hereby finds umh:'ilnclutlcs thaI Terry
Ivls>rgan <\< Asspciatesi.s appropriately qualified under lheprovisiolls of lhe Inw to he,retaillcd as
outside Iegalcoullsci'for the City; and
WHEREAS, the City Council has pt'ovided .in the City budget for the appropriation of
funds to beuscd forthc proeuremclll of the forego;ng.prolcssil'nallegal ~crYices, asset foith'iri
the Contract for Professional Legal Scrl'iccs;'NOW. THER EFORE,
THE COlJNC1L OF THE Crry OF DENTON HEREBY ORDAfNS:
SECTION I: The. recitations ill the preamble are truc and correct,. and areincorpoJ':lled
herewith as part Of this ordinance.
SECTION 2: The City [vtanager is. hereby authorized to execute a Contract for
rr6fcs.sional Lcgal Ser\'ices with Terry 1v[organ 8:. Associates, I':C" for. prolcssional legal
services relating to issues uncbntieipated litigation surrollllding the mlne~ationjinhe nonhern
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part or the City of Denton, insubstantially the lom1 of the Contract for Prolessional Legal
Servicesatt.tched hereto and incorporated herein.by reference. .
SECTION 3: The award oflhis Agreemclll is :on tHe .basis of the .dcmonstrated
competence mId qualifications 0[' TeITY l'vlorgan & I\ssociatcs. PoCo and the ability' of Tcrry
Jvlorgan ~1::,i\ssoCiaics,' PoCo [() perform.lhe professional legal services ne~d~dby thc'Ciry I'or a
tail' andrcasunablc price. .
SECTION 4: The cxpenditure of funds; nO! to exceed thirly thousUlidd611ars ($30,000).
is hereby authorized. liS provided in the allachcd'Contrael for Professional L9g,al Ser\:iee~, .
SECTION 5: Tliis ordinance shall become ,ffective irririicdiately upon its passage .and
approval.
P AS'SED AND APPROVED this the
day of
.2005.
EUUNE BROCK. .MA~~OR.
ATTEST: .. . .'
JENNIFER \VALTERS, cr!'Y SECRETARY
By:
APPR6Y-EEh\sTbU;d:i\r~ FORM: ~
EDWiN'M. SNYDER, CITY Arro 10..(;;'
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CONTRACT FOR PROFESSIONAL LEGAL SERVICES
ST ATE OF TEXAS
s
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COUNTY OF DENTON
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This AGREEivlENT, made andcntcrcd imothis the diJV of ;,2005
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hy arid bctwccn'Tcrry ivlorgah& Assoeiates,P,c., 1201 Ehn Street'. Suitc,4800, Dallas, Texas
75270, hereinafter referred to us "Consullani", 'and the City Of Deniqn, a Tcxas;municipal
corporation, 215 East ivlcKilU1CY; Denton, Texas 76201, hereinafter referred to as "City",
.WITl\'ESSETH
WHEREAS, Cityfind~' it necessary to employ, outside .1egale.ounscl to perform
professional legal services rcgarduig.issues andaniicipated litigation surrollnding the annexation
in the northern part oftheGity of Denton; and
WllEREAS, Consultant is willing to perfornl sllch se,,,,'iccs ina 'professionalmmineT a~
an independent comractor; amI
WHElZEAS; City uesires to engage, ConslIltam to render the professional services in,
connection therewith, and Consultant is willing to provide sueh'scrviccs;
1, S.COPEqF SERVICES'
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NOW. THEREfORE, in consideration .ofthe promiscsllDu mutual obligations herein; Uie
parties hereto ~o hcreby mutually AG~EE as 10llows:
(~onsult'mt.,hall Jlerl~nn the following scrvices'inn p,rofessicinalmanner working'as an
independcnt eontraelOnlOt )llldcrthe'direet supervision and control breity:
Services 10 be provided,
I, Consultant shall evaluate the relevant facts and circumsta'lees,and sMlJauvise City, by
wIillcnopinio.n, witlI respect to,:its: ,i:lptiqns and the legality bf'Sueh options, inCluding'
rcsearching and responding to requests for'lcgal services, '
2. Consultant sballalsoconsull,":-; rcqilcsled, with the City Manager, Uie City Attomey; anu
iuiy other designatcd Citystarfmembers respecting any and alJ'~spe<;ts.9.f the; servicc~ to
be perfomledllnder,this AgTeemcnt. '
3, COllsultam shall perform alllhc professional services required in a timcly fashion, mid
shall e9mplele same in compliance witlr sChedules established by City through its City
Attorney. through discussions with Consultant, as appropriate to carry out the'wnns, and
conditions of this Agreement.
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4, . Consultilllt shall, as direCted by the ,City through its Cily Altonfcy, aprear on behalf uf
City and reprcscm'the City as tr1all'ullnsel in the event trial ollthis mailer is l1ecessary,
2. TERivl
This Agrccnienl shall be for a tern} of 36nionths, begilUung. cffeioti\'e Oeccmller 1, 20if'i,
.andcllding un November 30, 2008, This Agrcemcnt may be sooner temlinatcd ill accordance
with the,provisions hereof. Time is,of the essene{\llf this Agre('lllent, <u\d Consultant shall make
all rea.wnable. effOlts to complete the services set fortb herein' as expeditiously a:; possible during
the term of this Agreement, and to meet thcschcdlllcs established by City, through its City
Attomey,or as the progressoftllis mattcrmay require,
3. CO/vlPENSATION ~\ND/vfETHOD OFP'A'{MENT
A,. Consultant sliall cbarge the following fees Jor its professional,scrvices herctmdcr, I:,ase'd on
the following fees for its professiorial,services hereunder, ,based on tlie following hOll~ty
hilliilg 'flttes for'the attom'eysand support staffinvolved in this matter:
Terry Morgan
Other Partncrs
Associate l--\ttOlnevs.
$225lhour
SI75'225/hollr
$.12~'140/ho,llr
Time will be billed at olle tenth CO hour minimumbilIing increlllcnl~:
B. COllsulta,it will try til rcduce costs whencver fea.,ible by lltitizing ~lllalified, principals,
a."ociatcs, paralegals; and law clerks,. Consllltaiit shall bill ,City through the; sLibillission (,f
itemized 'invoices, statements, amI other documentation, together withsllpporting data
indicating thc progress of the work and thc services perfonned, Monthly statements shall
show hourly rat~s indicating who performed the work, what type of work was douc, a!,d
descriptions o'r details of all -services rendered, amI specific descriptions and supporting
documentation, if available, ufa,ny ~casonablcaJid necessary 9tit-of-poeket expenses
incurred.
C. Consultant estimates, aml City ,'agre6s, that all chargcs for the legal services herCllnder,
including: reasonable OUH)j~pocket ,expenses; shall not exceed thirty thousand dollars'
($30,600), absent modification of tenns; ?nd Consultaill agr~es to notify (ity' ands~eka
l11odificatiol\ or the AgreementShould thc total feesexcced such amount. It is llnderstood
and agreed that the cOlli'se ill' litigation is dirricult to prcdicland Ihat modi fication to exceed
the total fce amount may bc rcquired, '
D, City shall'either pay dircctly or reimburse ConsuJtant,as the casc maybe, for reilsonablc aJld
nccessary actllalollt.or-pocket expenses, ihCludil1g but not limited to: long.distance
telcphobe, telecopier; reprodUction, ovel1light eOtlrier, on-line research, ,and traveL All
copies will be charged atthc rate of tell cc'nts (SQ:! 0) per 'copy fot copies made "vitliill
Consuttam', offices, with as>illuchphoiocopyingas;possihle beillg done bY'OUlsid);,vendors.
Cuntr.JCI For Profe_ssioIlUI b:gal Services'- P:ige2
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at bulk rates or by the city to reduce costs ifbulk cop}~ng is necessary, 'Ole parties agree that
there will be no charges for outgoing tclecopies,orinconiing lelecopies. Whenevcr fea.<;ible,
CilY enc,?urages cost savings by transmitting docum~11ts in Microsoft Word or Adobe
Aemhat fonnats; attached {O eCmai.I-ti-arisrilissions.
E. The partlcs anticipate invoices orcstalements for services will'hc,ge)1cralctl.on' a monthly
basis and .that said iqvoices or smtenicnts will be sent on or about the I" day of each. month.
City shall make payment to Consultant wilhin 30 days:,of'the ~atisfa~(ory cOlilpletion .of
services amj receipt of "n itemized invoice or statemc:ill.Ali rcimblIrsablc expenses,
inclllding, blit not neci"ssarily lirnitedto, travel, lodging, and meals shall bepald at thc:~Clual
cost, pursuant to the tenlls, conditions, IUld linlitati9ns l1ercinahoyc,sei 1'01111. All invoice~
and bills. shall he approved lor pa}111CllE by thc City Attorney,
F. It is understood thai Conslilt,mt shall wQrk'witlllhec60rdinatiqil,and gelledll supervisioIlof
the City Attomey.or thc Deputy City.Altomey.
G. All notices, billing statcillqnts and in\'oiecs shall be,madeih writing and' ma~', he given by
pe.rsonal delivery.01' by, mail., Notices and invoices sent by mail'sh~lI be.,addrcssed to; Jerry
E. Drake, Jr., DeplltyCily Attorney, 215 East MqKinngy, Denton, Texas 76201. When so
addrcssed, the notice, invoi~~, tlndJ"r paymellt shall be deemcd givcn llpOIl dcposit ill thc
United ,Slates mail, postage prepaid. III all other instances, ilOtices, invoices, and/or
paymclllsshall be deemed givcn'at the time of actual delivery. Changes may be made in the
na'mes and midi-esses of the r'esponsiblc person or office to whom notiee",invoic0~, and/or
paylllClllS are to be sem, provided reasonablcwritten'notice is,gii;en:
4. PROFESsiONAL COMPETENCY
A. Consultant 3f,'TeeS thai in the perf6nllallcc.of these professionalservices,.Consllltanr shall be
responsible for the level .of compctcnc};,UIld shall use. thesarne degree of skill and eaj'e
presently maintained by, .other practicirig.prOfessionals performillg the same or similar lypes
ofwork. For the' purpose of this Agreement, the 'key pcrson wh~ willbC' pertonning most' of-
the work'hercunder shall be Terry Morgan, However, notbiJlg hereitisl1all limit Consultant
from using other qualified and 'competel1lmembers of its finn oroftbe Goins, Underkofler"
Crawford &.Langdon, LLP, firm, to pcrtorm the seIYice:srequirc:d herein.
B. All legal opitlions anu other legal docllments prepared or obtained .under the tcrms of this.
Agreement .are inslmmems of service and City shall retain o\\:m'rsllipand .",property-interest
therein, If this Agreement is terminated at any tiine for any reason prior to payment to
Consultant for work'.undcr this Agrcement; allsLlch documents prcparedor obtaine'd under
the tcrms oflhe Agreement shalL upon.tennin~tioii, bC,delivered to and become the property,
of City upon reqllcst <anu without i-estrictionon. their LIse or further compensatioll, io
'Consultant. . .
Contract for ProfessioJlul Legnl ServIces --Page J
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:5. ESTABLISHMENT AND MAINTENANCE OF RECORDS
['ull and aecur:l\e recl1fds shall be mainlaine.d by Con~t.iltam at its place Of business\\.ith
respcc.l to itll Tnatlcrs eo'vered by tl1is'Agrecrnent. Such rccords,shallbemaintained for a period
of at least three years after rec~ip[ of final paYl11enl under lhisAgreemenL
6, AUDITS AJ\rb fNSPECnON
At any time'during norll1al business hours undupon reasonable notice to Consultant,
there shall bell1ade avai'lable.tn City all or'Consultant's records with'respcct to all mallers
covercd by tllis Agreemcn1.Consultant shall pernlit City 10 audit"cxamine, and l11ake.'excerplS
or transcripts 'from slich records, and tomnke alldits.-of contracts, invoices, mnlcrials, and Olger
data rclating toali maUers covered by tliis'Agn,;emenl. '
7. ACCOMPLISHMENT OF PItO:iE(;T
Consultant shall commence, carryon, and complele any and all projecls \\~th all
practicable dispatch, in ;l'Solll)d, economical and efficient ihafmer, and, in aC,:Ordanec with the
provisions hereof and all applicable laws. 'rn,accomplishil1g the projccts,..C:onsultant shall lake
such steps as .are appropriate to ensure that the w6rk involved is properly coordinatcd with
rel:1led work heing carried on 9y.City.
8, LNDE!\'INlTY AND n,'l)EPENDENT CONTRACTQR RELATIONSHIP
A. Consultant shall perform all .services as an independent contractor not under Ibc dirccl
supervision and control of City. Nothing herein shhll b~sonstrucd its. creatiJig'a relationship
of'employer andelllployee bel\VCCn tn,; parties. City.andConsultant agree to coopcralc in the
defense of any claims, actions, SUilS, or proceedings of any kind .brought by a thirdptirty
which may result from or .direclly Or indirectly arise from ally negligelice and/or errors.or
omissions on the part of Consultant, orfrom any breach of C:onsllhant's obligations 'undcr this
Agrcernel1l. In the event any litigation Qr claim is hrollghl. under this Agreement in which
City is joined as it IJart, Consultant shall provide suitable counsel to defend .City aud
Consultalll against such claim; provided howcver, lhat Consultant 'shall have the right to
proccc,d withconipeteut counsel of itS iJwn choosilig: . C6~sultarit~grces to d~fend;
indcltlllHy and hold harmless City and ail oJ: it> officers, attorncys; agcnis,servants; and
employees against any and all such claims !O the. ("xte)it 'of coverage 'by C:Ollsliltmlt's
pr6fCssionalliabiliiy policy. Con5ult<mt agrees 10 pay all expenses; including but nol limited
to attomcy's fees, and satisfy all judgmcnts that lIl"y be incurred.C)r rendcrsd ag'iinst
Consultant's professional liability insllr"ilce policy. Nothing .herein constitutes a waiv.er of
any rights or remedies. City may'ha\'e to pursucunder either I"wor equity; including; without
limitation, a c.ause of action forspccilic performance or for damages, " loss toCily; resulting
fr()m Consultant's negligent errors Or omissions, or breach bf cOlllraci, and all such rights and
relTIcdies are expressly reserved.
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Conlrilct- for Proks5iol1:l1 Leg~1 S~rv'i~cs - P:igc-1
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B. Consultanlshall maintain aild sluillbe caused to be in joree ata.1l tiillcsduring the, tenn of
this Agreerilent,a legally binding policy of professional' liabilitS; .insurance. issli~(j.by an
insurance carrier approved to do business in the State' of Texas by thc State 'Insurance'
Commission. whichcarrie~ must bcrated by Best Rated Carriers. with a rating of "A-" 'or
higher. Such coverage shall cover any c1aim'hereunder occasiol1~d by COlisultant's negligent
professional act and/or error or omission, .iil an an1()Unt not less thanS500,OOO combined
,;ingle Ifmit coverage oceurrelree. In the eVCnt of change or cancelli1tion of the, policy hy the
insurer, Con,;ultant hercby covenants to inuocdii1l61y advise:Citythel'eof; andhl such event,
Consultant shall, prior 10 the effective 'date of change or cance'Uation, serve a substitute
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policy funlislung the sallle coverage to City,Consultant sh~1l providea.eopy of such policy
and the declarations pagcof th9 ,existing policy to City 'through its City Attorney,
sitnultanc,ousl5' with the execution of this Agreement;
9. TERMINATION OF AGREE1\-ffiNT
iI. In Cotllleclion with the work outlined ill this, Agreelllcm,it is agreed and fully understood by
Consultant that City may cancel or indclinitely suspend further work hereunder or'temlinate
this, Agreement at any time upon written notice to Consultant, whcrellpon, Consliltant shall
e~ase all work'and labor heirigpcrfomledunder Hlls Ah'Teemenb Consultant may temlinate
tilis, Agreement by gi"ing City 60 days written nOlice that C.on~ultant is' no longer in ~
position to continue rCPfcseilting Cit},. Consultant shitll invoice City ,ror all work
s~[isfaetorily completed arid shall be compensated .in accordance with tliel('I1J1S oftlii~
AgrccrncnL All rcporL" and other.doewnems, dal,~ or work related to the project shall
become the propertyof City IIp'ollterhrination .orthis Agtee;ncnl.
B, lllis Agreemclll may~e tenninated in wh6k'or in part; in writing, byeiiher pany in the event
of substantial failure hy thcother party to fulfill its obligalitllls under this Agreementthrough
no fault o['thc tcnninating parly, Provided, ho\V~vcr, that no such' wrniination may be
clTccted, unless the othcr pany is giv~n [1] writtcnnotiee{ddivcred by certified mail, relum
receipt reqllested) of intent to temlinate, with nO! less. than 30 ealend;ir "days to'ctlre tile
failure; and [2] an opportunity for COl1~ultalion with the terminaiiilg party prior to
lermin~tion.
C, 'Nothing contained herein or els~where in this Agreemell1 shall,requirc City to, pay, for any
'work which is unsatisfac"tory or whiehis.l1ot submitted in compliance, wIth the'tcrrns,of this
Agrcement.
10. ALTERNATED1SPUTE RESOI.,UTlON
Consultant agrees that, if ne'cessary, it \vill use its hest cfiorts 10 resolve any disput9s
regarding' the Agreemcnt through the use of mediation or .other fomlS', of ultcl11atedispute
resolution selJorth in Ch~pter 154 oftheTex;\sG:ivil Practice,and RemediesCode.
COlltr.lct For Professional LL'g31 ~er\'i_cc~-'-Page j
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II. ENTIRE AGREEMENT
This Agreemcnt represems the entire agreement and understanding belw~en thc parties,
and any negotiations. proposa!s, or oral agreements are imended to be integrated hercin and to bc
superseded by Ulis written, Agreement. Any 511pplclllent or amendment .to this Agreement to b~
elTective shall be in writing and~igned by City [\Jjd Consultant.
12, COMPLlA1\)CEWrrH LAWS
Consultant'shallcomplywiih WI federal, state. and local laws, rules,.regulations, and
ordillanees applicable to the work covered hereunder as they may' noli' 'read or hereallcr be
amcndcd. including'butnot limited to the Texas Disciplinary RulesofProfessionaJ Conduct.
13, GOVERNING LA W
For the. purpose of detcmlining place 'of as'fecmcnt and la\v goveriliilg s'iune" this
Agreem~nt is entered into in the City <Jnd C6unty of Denton, Stale of Texas, ami shaH be
governcd by the laws 6f'the-Statc of Texas, Venue andjurisdiction of ~ny suit orcausc:ofllction
arising undcr or in connection with th:s Agreem'elll sh~lI ,be exclusively ina court of competent
jurisdiction silling in D,inton County,
14,.D1SCRhvfTNATlON PROHIBITED
In perfonning the scrviees. required hereunder, Consultant shall not discriminate against
any person Oll the basis ofTac~l color, religion, sex, national orig.in or'unces.try,. ~ge, ,or ph)lsical
handica'p:
15: l'ERSON'NEL
A. ,Consultant [e!lrese-nt,; tliat it has',o!'. wilL secure at its own' expense all persgllllcl requircd to
.perform ;LIl the services required under this Agreement. .s.u~~ personn~el 'shall ilot be.
employces Or have any contractual relations \\~th City, Ct:iosl;1tant sball,infoll11 City of.any
contliet of interest or potential conilict of intcrest that may arise during the teml of this
Agreement. ill accordance with Consultant's resljonsibilitics undcr the Tcxas J)isciplinary'
Rules of Pro fessionalConullcl.
B: All scrvices required hereunder will b, pcffomled by ConsUltlllit or 'IUlder its direcl
supervision, All personnel ,engaged in work shall be, qualificd and 'shall be authorizcd ai'
,pert'nined under state and local laws to pcrJomlsuch services,
16', AS'SIGNABlLITY
Consultant shall not assigrianyiulcrest in this Agrcelllcnt and shall not uansfer any
illlcresl in this Af,'feemcnt (wlicther by assignlllent, novation, or oUlcr\,'isc) without the. prior
written consent of City thereto,
Contra"ct F"OI- Profr;~sional' Le?itl Scrvices.- p'uge 6
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17, SEVERA.I3ILITY
All agreements an9 eo\:enants contained herein are severable; and in .H19'.l;veJlt npy of
them, with the exception of those contained iil sections: hea~ed"Scope of Sprvices",
"lndcjlt'ndenr Contractor Rtlationship," ,and "Goi11peiisatirJn and Method of Payment" hereo'f,
shall beheld to Deinvnlidby any COllrt 6f competent jurisdiclion" tliis Agre"ll1ent ~hall li,i:
interpreted as though such invalid ag,'feemcnts or co'venants were no!.containea herein,
18. RESPONSfBDXrIESFORCLAli'vlS AND LIABILITY
Approval by City shall nOLconstitute. nor he deemed, a release of the responsibility 31,1<1
liability of Consultant for thc accuracy and competency of its\Vork; nor shall sllch approval :be
deemed to be an assumption of sllch responsibility of City for ,:my defect in any report or other
doclInjcnts prepared by Ccnsuhalll, its employees, officers, agents'a[)d' c9nsultants,
19. MODIfiCATION OF AGREEME1\'T
No waiver or modification of this Agrecmentorofany covenant, condition; Or limitation
hereincolltained shall he, ,'illid unless,in writing and duly executed by the party to be charged
thcre,witb',and no evidence of an\' waivcror modification shall be offered or received,in eVidence
in any proceeding arising bctwe~n the parties,hereto out of Or affecting this Agreem,ent, Or the
rights or obligations of the parties hereunder, unlcsssuch waiver. Or modification 'is iil writing,
duly executed as aforesaid; and, thc'purtie~ further agree tbat thc provisions of this scction will
not be waived a~ h,rein set f,irth. '
20, CAPTIONS
The captions of this Agreemenl:ure torinformmioqal plirposes,only undshallnot in any
way affect the substantive tenlls or cOIlditions of this Agreemcnt . ,
2l. 131NDfNG EFFECT
This Agreement shall be binding upol1and inure to the bellelit of the partieshcreto and
their respective heirs, executors, administrators, legal representatives, successors. and assigns
where pennitled by this' Agreement
IN WITNESS HEREOf. the Cily or DelUon, Texas. lias caused thi,q Agrc?ment lobe
executed in duplicate originals by its duly authoriz~d City 1vlan:iger, and'COnsultanthasexeellted
this Agrcement through its duly'aulhorized undersigned parlJler,dated this the day of,
, ,2005,
CoIltr~ct Fur Profe~sicool Legal S~r:\'ice.s - rilge 7
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ATTEST:
,rENNIrERWALTERS. ClTYSECRETA,HY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M, Sl\T)'DER, CITY l\TTOlZi,;rEY
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Contr;id For Profes;;:io!ci1 Leg~1 Sei'vlc~5-P;lgt:.S
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CITYOF DENTON
BY:
~:!ICI-lAEL A, CONDIJFF,
CITY,ivlANAGER
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TEIUZ YM,0RGAN'& ASS()C1ATES, PC
BY:
TERlZ Y !'vlORGAN
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AGENDA INFORMATION SHEET
AGENDA DATE:
December 6, 2005
DEPARTMENT:
Planning and Development Department
ACM:
Howard Martin, 349-8232 ..
SUBJECT - ADP05-0007: (Washington Federal Savings)
Hold a public hearing and consider adopting an ordinance regarding an Alternative
Development Plan for a financial institution on approximately 0.828 acres, generally
located on the southeast corner of Wind River Lane and Unicorn Lake Blvd. intersection
and located in a Regional Center Commercial Downtown (RCC-D) zoning district. The
purpose of the Alternative Development Plan is to deviate from the requirements of
Subchapter 13 of the Development Code. The Planning and Zoning Commission
recommends approval (7-0).
BACKGROUND
Applicant: Kimley-Horn & Associates Dallas, TX
The applicant proposes to deviate from the site design standards concerning the location
and number of parking spaces and the location of street trees. Applicant proposes to
provide mitigation in the form of additional landscaped areas (39% provided where 10%
is required); increased square footage of landscaping (13,903 square feet provided where
3607 square feet is required) and 29% canopy coverage where 20% is required. In
addition, applicant proposes to provide three five-foot sidewalks from the street to the
bank in order to create a pedestrian environment. The alternative development plan
process allows the City Council to approve a development proposal that cannot meet (or
chooses not to meet) the site design standards in the Development Code by allowing
deviation from those design standards, where the development proposal demonstrates
nevertheless, that it meets or exceeds (through mitigation) the objectives of the Denton
Plan and Development Code.
OPTIONS
1. Approve.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDA TION
The Planning and Zoning Commission and the staff recommend approval.
PRIOR ACTIONIREVIEW
No prior action has been brought before the Denton City Council on the particular
property, although several Alternative Development Plans along Unicorn Blvd. and Wind
River Drive have been considered and approved.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Site Photographs
5. Letter of Intent
6. Planning and Zoning Commission Minutes
7. Ordinance
8. Site Plan
Prepared by:
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Lori Shelton
Planner II
Respectfully submitted:
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Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Alternative Development Plan Request
9 35.13.13.4.8. (Parking location requirements) states: "Parking areas shall be located
behind buildings or on one or both sides... ", The applicant is proposing to locate parking
in front of building as shown on the site plan. To promote better pedestrian activity, a
second pedestrian access route from the building to Wind River Lane is proposed on the
east side of the parking spaces that face Wind River Lane as well as a pedestrian access
route from the building to Unicorn Lake. The proposed site plan contains three, five foot
sidewalks that provide pedestrian access from the subject building to adjacent City
sidewalks.
9 35.13.10.B.1.d (Impervious parking spaces over required number of spaces) states:
"Permeable paving is required for those parking spaces that exceed the number of
parking spaces required." The applicant is proposing to provide additional landscaping to
offset the requirement for pervious paving when exceeding the number of allowable
parking spaces. The project is allowed 8 parking spaces for the 2,400 square foot
building. The applicant is proposing a total of 17 parking spaces. The following shows
the landscape area required and proposed by the applicant:
Required Provided
Percent Landscaped Area 10% 39%
Square Footage of 3,607 13,903
Landscape Area
Percent Canopy Coverage 20% 29%
9 35.13.7.C.2. (Location of street trees) states: "Street trees shall be located between the
street an sidewalk..." The applicant is proposing to place the required street trees
between the parking lot and sidewalk along Unicorn Lake Blvd. The applicant is
proposing to provide two additional street trees (one on Unicorn Lake Blvd and one on
Wind River Lane) than the code requires to mitigate this request.
Existing Condition of Pro pert v
The property is undeveloped.
Adiacent zoning and land uses.
North:
Regional Center Commercial Downtown (RCC-D) Cinemark Theater and
undeveloped
Regional Center Commercial Downtown (RCC-D) Undeveloped
Regional Center Commercial Downtown (RCC-D) Undeveloped
Regional Center Commercial Downtown (RCC-D) Undeveloped
South:
East:
West:
3
Comprehensive Plan Analvsis
The subject site is located within a "Regional Mixed Use Center" future land use area.
Regional Mixed Use Centers are intended to contain the shopping, services, recreation,
employment and institutional facilities supported by and serving an entire region. A
regional activity center could contain developments such as a regional shopping mall, big
box retail, superstores, restaurant and entertainment facilities, a high school or
community college, and high-density housing.
Development Code/Zoning Analvsis
The proposed plan deviates from the location and number of impervious parking spaces
and location of the required street trees established by the Development Code.
Section 35.13.5 (Alternative Development Plan) states, "An applicant may propose an
Alternative Development Plan which meets or exceeds the design objectives of this
Subchapter but does not meet the standards of this Subchapter. The Alternative
Development Plan provides the option to address the design criteria through a flexible
discretionary process. . ."
Section 35.13.5.A. identifies the criteria for approval of an Alternative Development
Plan.
A. Criteria for Approval. The goals and objectives which must be met, and by
which the proposal will be judged are:
1. Preserve Existing Neighborhoods.
2. Assure quality development that fits in with the character of Denton.
3. Focus new development to activity centers to curb strip development and urban
sprawl.
4. Ensure that infrastructure is capable of accommodating development prior to
the development occurring.
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ATTACHMENT 2
Maps
Locationl Zoning Map
Land Use Map
5
NORTH
Aerial Map
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ATTACHMENT 3
Notification Map
Public Notification Date: October 30,2005
200' Legal Notices* sent via Certified Mail: 5
500' Courtesy Notices mailed: 6
Number of responses to 200' Legal Notice:
· In Opposition: 0
· In Favor: 1
· Neutral: 0
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ATTCHMENT 4
Site Photographs
8
ATTACHMENT 5
Letter of Intent
~=n :::n~IOO,
October 28., 2005
Mrs. Lori Sheltm
P1annina and Development Depert:mIm
City ofDcnton
221 N. mm
Denton, 'IX 76201
.
&alIllIUl
1m PaIIc CanInII ~
Dds, TiIaI
75251
AItemadve Development Site Plan ResnbmlttaI- WaUiqtoD JederaI Saviqs
So1dheut Cotner of UIlkmI Lake Blvd. 8Dd WInd River Lane
ProJed No.: AD~OO7
Dear Mrs. Shelton.
This ADP Site Plan cover letle'is in reference to the proposed Washington Federal Savings to
be locatl:d at lbc IIlIUf.hmst comer ofUuicom LaItc Blvd, IlDd Wind KiWI' Lane, currently
z.cmed Regioaa1 CeDta- Commcn:ial DowldowD (RCC-D). Items for consideratioo. include: 1)
Number ofpar1cing spaces. 2) Padting between buildiDg and s1nlct 3) Location of Street Trees.
Included below 8nI Btaff lllHDIDCl:ltB reoo:iwd m 0ct0beI' 20, 200S fur the subject project. All
tevisic:ms llnllocated on sheet C-t.
PIamdug Commeuta: Lori Sbeltcm
Pl. J5,IJ.4.A8 ParkIng 1ocoted infront of the butkling. The fNl1'PO" tifthe JocatItm of the
parlcmg spaces in the DevelopIIIent Code fa to promote ped8strlan actiIIity. The proposed
lru:reMed larulux1pin:g does not prDmbIe pede.rtrlim actlllfty. Con8ider better acctJ&'J.from
jronJ sidewalk to bank lmi/ding.
Rcvisim Dcscrlptiw - A lIClIXIIld pcdestriIIn aocess route from the building to Wind River
Lane was propoaed on 1M east side ofthc parltiDg apaces that face WiDd KiWI' Lane as well as
a pedestrillD access:route from the bui1dingto Unicorn Lake. The proposed site plan contains
three, five (5') foot side1wlks that provide ~ aooess from the subject building to
acljecmt City sidcwa1b.
P2. 35.13.1OBIc. Increased impeTvlous par/dng spaca. PkDae provide fhe sqNaTe footage of
reqtdlYJ4lmu1scoped arm and the additWnol prrnirJed to mIIJga/e the addUlonoJ parking
spaces. As.nImIng each JNB*lng 8pace 1'f!J11'f!8f!1U 400 ~feet (includin.g additional aa:ess
to apaw) WId tfw applka1Jt fa requeatiRg 9 adr1iIitma1.spaca. Plea8d bldlcat81he addltfoJla/
1andaaJped urea a8 related to the aqttare footage uf additional pmf:1ng sptlce.x.
Revisioo De&cripticn - Square footage ofn:quired landscaped area provided. Square footage
ofproposed Jandscapcd area provided and pcrccntage of additionallendscapiDg proposed to
mi1ipie the additiooa1 padtiDg spaces.
.
TEL en ?7lI laGO
FM rn 231 3810
A1_ DcvdopmemPlon
9
~__n KInDy-Horn
-......J L.] and As8ociaI8s, Inc.
Mrs. 1.orI SllelIolI
0cI0beI28. 2005
"'Be :2 on
P3. ]'.1 J. 7.G-J.a ShwJ~. 17te propoaed loctJJion ofthestreel tree.J will COlltirJU8 to
pruI1id~ shmk fin }1f;IdatrianlJ. Pleoae hulkate if you aTe exc<<ding the number of required
sInIeI tTee8 or othsr tn!etJ on the 101.
Revision Dcscript:ioo. - Per Dcoton Development Code the lU'bject site is IeQUired to pltmt a
miDimum of seven (7) street tm:s. The subject site is proposing to plat nine (9) street treclI.
P4. PrtMde a 1IbU sMting: 11U8 ~ wlU meet all requb'emeJlts of the Subchapter
I J, of the Denton DevekJpment Code, except thow fin wAich this Altemotive ~ent
Pion is sougAJ.
Rcvi8ion IXemptiOll- Note is included below l.egc:nd.
Llmdseaplng Colmnents: Nou MImde
L2. '/'he proposed landscape plan will be re.vIewed prior to staff's ~ion of
app1Y1I'4l 01' denkJl ojtheADP.
Rmsion Dcleriptim - Quantitative infmnation was provided tb8t ineJudc:d Denton
DmlIopment Code hmdscaplng requirements and what the subjcot site is proposing. For
iDstance,. the percent oflandscaped area required for developmlmt withiD ReC-D is ten (10%)
percent, tho subject site proposes to landscape lbirty nine (39%) percent of1he subject tmct.
Also, the required canopy coverage for B tmct located within RCCD is twenty (20%) percent,
lIw subject site is poposing twenty Dine (29%) percent CBlq'y ~
EDglDeeriDlll CommenD: Rn. Harper
FNI. 77Je driveway to tbe north neetI1J to be aligned to match the drWeway fJCl'O.'l3 the drive
aisk.
Rmsim Deaoriptiw - The driveway to the ncri1 was aligoc:d. to project across the drive aisle
and match the driwway across tho drive aisle.
PN2. lie rMewuJt 01J tile property needs to be reo/JgRed In ortkr to lnte8ed the sidf!Wtl1k
along Wind River Lane 01 a point heAWl the BtlI'rie1' F7ee RJJmp at the common access drive.
Rmsion Delcriptioo. - Tbe sidewalk on tbcpropcrty was relocated to intersect the !lidewalk
along Wind River to the wast ofdlC Barric'.l" Free Ramp.
FN3. Provide pede.Jtritm access to UnkMl Lalr4 Boulewud..
~ DescriptiOl1 - A live (5') :fOOt lIidw.Jk nms: alos1g the eouthem property line
providing: pecII:strian BeCeII8 from the subject building to Unicorn UIke Bou1evanI.
a:'CML\NOoPJIOJ\~ ~ ofD-'^DP Sutrmillldl201l5I026Jbwz taltr.doo.
10
~=~ ::.Irt,
Mrs. U:ri SheIlaI
Oclobcr 211.2005
,,*3of3
Addltloul SUe Cbnges
The drive-d1ru lane widlh WlIB cbanged from ~m, (12') feet to ten (10') feet.
ThaDk you foryour assistance in review of this applicatioo. and please :fee1 free to oontact me
at 976-776-1716 with my questims,
Sincerely,
~~~~TES.INC.
Breodan O'Leary
Analyst
O:\C1'\IIUNO-PROJWullm.., ~ofDonlCll\/\Dl' SUbIll'llll\2OO.S102'_llIwr LoIB-.d1lO
11
CondenseIt™
Page 37 Page 39
1 COMMISSIONER STRANGE: The next public 1 COMMlSSIONER ROY: Is this a drive-through?
2 hearing is approval of an Alternative Development Plan for 2 MS. SHELTON: There is a drive-through
3 a financial institution developed on approximately 0.828 3 around the back, yes, sir.
4 acres. Ms. Shelton. 4 COMMlSSIONER ROY: So that's already a part
5 MS. SHELTON: Good evening. This subject 5 of the Code --
6 site is located on the southeast corner of Wind River and 6 MS. SHELTON: Yes.
7 Unicorn Lake Boulevard as shown here on the aerial. The 7 COMMISSIONER ROY: -- for this?
8 zoning map shows it's located in an RCCD wning district. 8 MS. SHELTON: There is no Specific Use
9 On the notification map, we have received only one 9 Pennit required in this zoning district.
10 response from our public notification which is in support 10 COMMISSIONER ROY: Okay. Thank you.
11 of the request. 11 COMMlSSIONER STRANGE: Any other questions
12 The applicant is requesting an Alternative 12 of staff? Thank you, Ms. Shelton. Is the applicant here
13 Development Plan to deviate from the location and number 13 and do they wish to speak? If you would come fmward,
14 of parking spaces required. Our Code requires that 14 please and give us your name and address.
15 parking areas be located behind or on one or both sides of 15 MR. OLEARY: My name is Brendon O'leary.
16 the bUilding. The applicant is requesting the parking be 16 I'm with Kimley-Horn and Associates in Dallas at 12700
17 allowed between the building -- pardon me, the street and 17 Park Central Drive. I don't have anything to present.
18 the building. 18 I'm here to answer any questions you may have.
19 In addition, the Denton Development Code 19 COMMlSSIONER STRANGE: Anyone have any
20 allows eight parking spaces for a 2,400 square foot 20 questions of the applicant? No questions of the
21 bUilding. The applicant is requesting 17 spaces. The 21 applicant. Thank you very much. I may have failed to
22 applicant is also requesting to deviate from the Code 22 open the public hearing. This is a public hearing, so I
23 regarding the location of street trees which are required 23 will open the public hearing. Do we have any cards on
24 to be located between the street and sidewalk. The 24 this item?
25 applicant is requesting to be allowed to locate the street 25 MS. CARPENTER: No, sir. I have no cards.
Page 38 Page 40
1 trees between the parking lot and sidewalk along Unicorn 1 COMMISSIONER STRANGE: SO we have no cards
2 Lake only. 2 of anyone wishing to speak for or against this item. If
3 To mitigate the deviation from the 3 not, we'll close the public bearing. Do we have a motion?
4 requirements of the Denton Development Code, the applicant 4 Mrs. Holt.
5 is proposing to provide additional landscaping and tree 5 COMMISSIONER HOLT: Move approval.
6 canopy. As shown on this table, the required landscape 6 COMMISSIONER STRANGE: we have a motion.
7 area is ten percent. The applicant is proposing to 7 Do we have a second?
8 provide 39 percent landscaped area. We also show the 8 COMMISSIONER GUZMAN-RAMON: second.
9 actual square feet of additional landscaping. 9 COMMISSIONER STRANGE: ] have a motion by
10 If we assume that each parking space takes 10 Mrs. Holt and a second by Mrs. Ramon-Guzman. Do we have
11 approximately 400 square feet and that includes access to 11 any discussion? If not, please vote. Vote passes 7-0.
12 the parking lot, not just parking space, the additional 12 I'll correct myself. That second was by Mrs.
13 nine spaces would create 3,600 square feet of additional 13 Guzman-Ramon, excuse me.
14 pavement. The applicant is providing more than twice the 14 Vote passes 7-0.
15 landscaped area to mitigate the additional parking spaces. 15
16 In addition, there will also be a buffer of 16
17 fence and vegetation between the street and parking. To 17
18 . mitigate the location of the street trees, the applicant 18
19 is proposing to provide two additional trees, one will be 19
20 on Wind River and the other on n pardon me -- 20
21 MS. CARPENTER: unicorn Lake. 21
22 MS. SHELTON: Yes, Unicorn Lake, I'm sony. 22
23 And I'll answer any questions. 23
24 COMMISSIONER STRANGE: AnY questions of 24
25 staff? Mr. Roy. 25
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
~'"-'1-; '!J>.. ,C " ,.*j,'~l~-""'_1 !~..,,~,::,,;_,;_ ':,..,;0.;.-: ~.~::. '
Page 37 - Page 40
. -", ',. -. - " .' ,
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S :\Our DQcuments\Ordinances\05\ADP05 -0007 .doc
ATTACHMENT 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXlMATEL Y 0.828 ACRES OF LAND GENERALLY
LOCATED AT THE SOUTHEAST CONER OF WIND RIVER LANE AND UNICORN LAKE
BLVD.; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (ADP05-0007)
WHEREAS, on September 21, 2005, Brendon O'Leary applied for an alternative
development plan (the "ADP") on approximately 0.828 acres of land particularly described in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property") which ADP is
on file in the City's Planning Department, a copy of which is attached hereto and made a part
hereof as Exhibit "B" which is located in a Regional Centers Commercial Downtown (RCC-D)
zoning district: and
WHEREAS, on November 9,2005, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Alternative Development Plan is hereby approved.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
-----
EDWINl}'L-SNYDER, CITY AT Y
c~
r~<"""/' .~
Exhibit A
METES AND BOUNDS
0.8281 ACRES
M.E.P. & P.R.R. CO. Survey, Abstract No. 228
City of Denton, Denton County, Texas
BEING a tract of land situated in the M.E.P. & P.R.R. CO. Survey, Abstract No. 228, in the City of Denton, Denton County,
Texas, and being a part of the 136.50 acre tract of land described in deed to Windjammer, Ltd., recorded in Denton County
Clerk's File No. 98-R0625520 and 98-R0093041 of the Real Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap stamped "C-B" found in the southerly right-of-way line of Wind River lane
(80-foot wide public right-of-way) dedicated by deed to the City of Denton, recorded in Denton County Clerk's File No.
99-R0065227 of the Real Property Records of Denton County, Texas for the northeasterly comer of the 3.307 acre tract of
land described in deed to the City of Denton for Unicorn lake Boulevard, recorded in Denton County Clerk's File No.
2004-R0158897 of the Real Property Records of Denton County, Texas and the beginning of a curve to the left;
THENCE with the southerly right-of-way line of Wind River lane,with the curve to the left, through a central angle of
18.28'12", having a radius of 540.00 feet, a chord bearing and distance of North 63002'51" East, 173.32 feet, an arc
distance of 174.08 feet to a 5/8-inch iron rod stamped "C-B" found for the northwest comer of lot 2, Block B of UNICORN
LAKE LOTS 1 & 2, BLOCK B, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet
W, Slide 358 of the Plat Records of Denton County, Texas;
THENCE with the southwest line of lot 2, Block B, South 50.29'09" East, a distance of 154.74 feet to a 5/8-inch iron rod
with a plastic cap stamped "KHA" set for the beginning of a non-tangent curve to the right;
THENCE leaving the southwest line of Lot 2, Block B, Southwesterly, with the curve to the right, through a central angle of
24003'56", having a radius of 691.00 feet, a chord bearing and distance of South 62.40'30" West, 288.11 feet, an arc
distance of 290.24 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set in the easterly right-of-way line of
Unicorn Lake Boulevard;
THENCE with the easterly right-of-way line of Unicorn lake Boulevard, the following courses and distances to wit:
--North 12015'02" West, a distance of 136.45 feet to 5/8-inch iron rod with a cap plastic stamped "C-B" found for comer;
--North 30'24'49" East, a distance of 21.81 feet to the POINT OF BEGINNING and containing 0.8281 acres of land, more
or less.
Bearing system based upon State Plane Coordinate, North Central Texas Zone,
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8 1.N 311\1 H J'if 1.1. 'if
AGENDA INFORMATION SHEET
AGENDA DATE: December 6, 2005
DEPARTMENT: Planning and Development Department
ACM: Howard Martin, 349-8232
SUBJECT - ADP05-0008: (The Shops at Old North)
Hold a public hearing and consider adopting an ordinance regarding an Alternative
Development Plan for a proposed retail and office development on approximately 25
acres on the northwest corner of University Drive and Old North Road, located in a
Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed
Use General (CM-G) zoning district. The purpose of the Alternative Development Plan is
to deviate from the requirements of Subchapter 13 of the Development Code. The
Planning and Zoning Commission recommends approval with conditions (7-0).
BACKGROUND
Applicant: Imperium Holdings, LP.
Dallas, TX
The applicant is proposing to deviate from the site design standards concerning parking
areas located in front of the building. Alternative development plans provide a
mechanism for the Planning Commission and the City Council to consider allowing a
development that cannot meet, or chooses not to meet, the site design standards in the
Development Code to deviate from those design standards, while demonstrating
nevertheless, that it meets or exceeds (through mitigation) the objectives of the Denton
Plan and Development Code.
Public notification information is provided in Attachment 4. As of this writing, staff
received one written response in favor of the request from property owners within 200
feet of the subj ect property.
Staff recommended denial of the requested Alternative Development Plan since the
proposed landscaping along University Drive would provide screening, but would not
result in the urban streetscape intended by the Denton Plan and Development Code. Staff
supports the recommendation of the Planning and Zoning Commission to add a three-foot
high berm.
OPTIONS
1. Approve.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDA TION
Planning and Zoning Commission recommends approval to the City Council regarding
the Alternative Development Plan for two rows of parking between the buildings and the
street with the following conditions:
1. Provide a three-foot high berm along University Drive frontage outside the eight-
foot easement.
2. Provide three foot high hedge along University Drive frontage outside the eight-
foot easement and planted in front of the berm.
3. Provide a 12.5 feet landscape area in addition to the required 10 feet wide
landscape area planted with one large tree for every 40 linear feet.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Site Photographs
5. Letter of Intent
6. Planning and Zoning Commission Minutes
7. Applicant Letter
8. Ordinance
9. Site Plan
~y
Supriya Chewle
Planner I
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Alternative Development Plan Request
9 35.13.13.4.A.8 (Parking between Building and Street) states: Parking areas shall be
located behind buildings or on one or both sides, except along the interstate where a
minimum fifteen foot (15') additional landscape area will be required along parking areas in
front of a building.
The applicant is proposing parking between the buildings and the street along University
Drive. The intent of the code is to create a streetscape by locating the building along the
street and locating parking to the side and rear of the building. The code (Section
35.13.10.C.2) also requires all parking lots to be screened from the Right-of-Way. Any
combination of the following screening methods could be used:
a. A 3 feet high wall made of any combination of wrought iron, masonry, stone or
decorative concrete panels.
b. A minimum 10 feet wide landscape area planted with one large tree for every 40
linear feet.
These requirements are in addition to the street tree requirements. However, street tree
requirements do not apply for projects along TX Dot right-of-way.
Staff held a pre-application meeting with the applicant on October 19, 2005. At that
time staff informed the applicant about the following along with other comments:
· The proposed parking between the building and the street would not be
permitted.
· Approval of an Alternative Development Plan (ADP) would be required in order to
develop the site with parking located between the building and street.
· Additional landscaping and hardscaping (fences, walls columns), along the frontage
of University Drive should be considered to meet the intent of the code by creating a
streetscape along University.
Section 35.13.5 states that an applicant may propose an Alternative Development Plan,
which meets or exceeds the design objectives of this Subchapter but does not meet the
standards of this Subchapter. It further identifies the following Criteria for Approval of an
ADP.
The goals and objectives which must be met, and by which the proposal will be judged are:
1. Preserve Existing Neighborhoods.
2. Assure quality development that fits in with the character of Denton.
3. Focus new development to activity centers to curb strip development and
urban sprawl.
4. Ensure that infrastructure is capable of accommodating development prior to
the development occurring.
3
In order to mitigate the placement of parking between the building and the street, applicant
proposes a 12.5 feet wide landscaping area including hedges, along University Drive in
addition to the required 10 feet wide landscaping area planted with one large tree every 40
linear feet to mitigate the location of the proposed parking. (Attachment 4). Applicant
proposes this additional landscaping and hardscape in orde to create a streetscape and lessen
the appearance of parking along the roadway. The proposed hedge will provide screening,
but does not present the urban streetscape intended by the Code. To satisfy the urban image
the code requires a 3 feet high wall made of any combination of wrought iron, masonry,
stone or decorative concrete panels. Staff relayed these same concerns to the applicant and
requested the 3 feet high wall along University Drive on October 16th and 28th. Applicant
asserts the mitigation they offer should be sufficient. The mitigation offered by the applicant
are listed below in bold and the staff response follows:
1. A front landscape area totaling 22.5' in the front yard - the ordinance requires
none
The ordinance requires any combination of the following screening methods:
1. A 3 feet high wall made of any combination of wrought iron, masonry, stone or
decorative concrete panels.
2. A minimum 10 feet wide landscape area planted with one large tree for every 40
linear feet.
2. Side yard of 20' - the ordinance requires none
The adjacent zoning is NR-3 zoning district. Minimum yard when abutting a single-
family use or district is 20 feet plus 1 foot for each foot of building height above 20
feet. In addition to the setback a buffer is required using either fencing, Vegetation
or Berms.
3. A rear yard of 20' and INCREASES the buffer area between commercial and
residential- the ordinance requires 10'
The adjacent zoning is NR-3 zoning district. Minimum yard when abutting a single-
family use or district is 20 feet plus 1 foot for each foot of building height above 20
feet. In addition to the setback a buffer is required using either fencing, vegetation or
berms.
4. Class-A retail commitment through the use of Covenants, Conditions, and
Restrictions (CC&R's) already presented to you.
The restrictions within the CC&R are required by the Denton Development Code
and therefore cannot be used for mitigation.
5. Class-A site plan through the use of architectural site features that include
round-a-bouts, boulevards with landscaping, architectural features in the
round-a-bouts, etc.
The above mitigation does not satisfy the intent of the code, which is to create a
streetscape.
4
6. Agreements to provide access to the adjoining neighbor to the north - ordinance
requires none
Two access points to the property to the north should be provided to allow for cross
property access.
7. Agreements to extend utilities to the adjoining neighbor to the north - ordinance
requires none
The City is not requiring the developer to extend a water main along their frontage
on the north side US 380. On the south side of US 380, a water main exist.
Connection into this existing water main would require boring US 380. To prevent
any additional bores across US 380 and the extension of a water main along the
frontage of this development, the developer agreed to connect into 3 existing stub
out on the north, west and east side of their property.
Existing Condition of Pro pert v
The subject property is vacant.
Adiacent zoning and land uses.
North:
South:
East:
West:
Neighborhood Residential 3 and 6 (NR-3 and NR-6)
Neighborhood Residential Mixed Use (NRMU)
Neighborhood Residential 3 (NR-3) & Employment Center Commercial (EC-C)
Neighborhood Residential 3 (NR-3)
Comprehensive Plan Analvsis
The site is located in an "Existing Neighborhoods/Infill Compatibility" future land use
area. New development in this district should respond to existing development with
compatible land uses, patterns and design standards. The plan recommends that existing
neighborhoods within the city be vigorously protected and preserved. Housing that is
compatible with the existing density, neighborhood service, and commercial land uses is
allowed. The Denton Plan defines compatibility as: "The characteristics of different uses or
activities or design which allow them to be located near or adjacent to each other in harmony
... Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity
of development proposals in maintaining the character of existing development" (p. 188).
"The quality of development, particularly commercial development along the
city's corridors, is a significant factor in the quality of neighborhoods, the urban
environment, and the sustainability of structures. Adequate public facilities shall
be a criterion by which zoning is granted" (p. 42)
"Visual quality objectives and a healthy business climate should not be
considered mutually exclusive. Urban design concepts should be incorporated
into private development plans early into the review process. " (p.61)
"Off-street parking requirements should reflect respect for environmental quality
considerations. Parking location and associated landscaping should be carefully
regulated to avoid unacceptable expanses of pavement. " (p. 66)
5
ATTACHMENT 2
locationl Zoning Map
NORTH
land Use Map
6
ATTACHMENT 3
Public Notification Map
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Scale: None
Public Notification Date: October 30,2005
200' Legal Notices* sent via Certified Mail: 15
Number of responses to 200' Legal Notice:
· In Opposition: 0
· In Favor: 1
· Neutral: 0
* A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
8
ATTACHMENT 4
Site Photographs
Picture of the site from University Dr.
Picture of the site from University Dr.
University Dr. & Old North Rd.
intersection
Picture of the site from University Dr.
Picture of the site from University Dr.
Picture of the site from Old North Road
7
Aerial Photo
9
ATTACHMENT 5
Letter of Intent
IMPERIUM
H 0 L DIN G S, L. P.
WWW.1 M PERI U M - HOL DIN GS. COM
63SOLBJ FREEWAY, SUITE 163 1802 CRESTHAVEN DRIVE
DALLAS, TEXAS 75240 AUSTIN, TEXAS 1870+
972.385.190? (plUXHl) 972.991.1192 (60;.:) 5l2.587.5679 (pbonc) 775..30.5.1800 (las)
October 20, 2005
City Hall West
221 N. Elm Street
Denton, TX 76201
Regarding: Shops at Old North ADP Submittal
Dear Supria,
Thank you very much for your continued efforts and interest in the Shops at Old North located at the
northwest comer ofHwy 380 and Old North Road. Currently we have multiple contracts and letters of intent
from national and local retailers for the multi-tenant retail and pad sites that we plan to construct. These
tenants require parking in front of the building in order for there business' to have the success that they
currently envision. We desperately need the support of the proposed ADP plan attached.
With regards to the site design. the CC&R (attached) that is proposed for the overall master plan, and
will be enforced upon each purchaser and pad site, will make a unification of design elements that will create
an added benefit to the site and to the city. Also, please see our proposed elevation and additionally the
several site design features such as common driveways, rotmd-abouts, and architectural tower features that
create an aesthetic benefit to the site. We believe this is a class "A" design that will tlPllUlnd higher than
average rents and therefore will bring a beneficial class of tenant.
The request that the City of Denton Planning has made asking for an increased landscape buffer we
believe to not be possible. If required to increase the front landscape buffer there will not be enough depth
for certain pad sites due to the amount of depth from the frontage road to the back of the CM-G zoning. At
this point the zoning changes to NR-MU. Per request from Planning we have already agreed to provide the
northern land owner with two access points and stubs when none where required. With regards to the site
Pian. we feel thal the indicated buffering along the frontage, side, and rear yards exceeds Ihe requirements
put in place by the City of Denton. These buffers are a benefit to the overall site and should allow for our
requested double row of parking in front of the buildings.
Without our parking we feel that we will loose the interest of a good majority of our currently
interested tenants and are wary of the overall success of this development
Sincerelv.
~9...J1/~
Stephen Schattner
CC: Mayor Brock
Mike Conduff
Pamela Rambo-Estill
Kelly
Linda Ratliff
David Lightfoot
Enclosures (2)
IMPERIUM
H 0 L DIN G S, L. P.
WWW.IMPERIUM-HOLDINGS.COM
6J.50 IBJ FREEWAY, SUITE 163 1802 CRESIHA. VEN DRIVE
DAlLAS, 1EXAS 75240 AUSTIN, 1EXAS 78104-
972.385.1907 (phone) 972..991.1192 (fax) 512.587.5679 (pbon.c:) 775.30S.18OO (faJ[)
October 21, 2005
City of Denton
City Hall West
Attn: Supriya Chewle
221 N. Elm Street
Denton, TX 76201
RE: Shops at Old North - ADP re-submlttal
Dear Supriya:
This submittal is intended to only address the issue of parking in front of the buildings.
Additionally, will also be requesting the approval of the three monument signs as shown
on the plan - please advise us if this needs to be addressed as a part of the ADP. Please
see all notes on the proposed plan that have been added since out first ADP submittal.
We will be submitting engineering drawings and a tree inventory analysis/mitigation with
our preliminary plat. All other issues that were of the City's concerns in the preliminary
review for the preliminary plat submittal and other comments in the ADP submittal will
be addressed as part of the plat, which will resolve all comments.
We will comply with all ordinances mandated by the City.
Thanks again.
Sincerely,
~9J~
Stephen Edward Schattner
Enclosures: (1) PDF of the plan and (3) 24x36 copies ofthe ADP plan under separate
enclosure
12
From:
To:
Date:
SUbject:
"Stephen Schattner" <SSchattner@imperium-holdings.com>
<supriya.chewle@cityofdenton.com>
10/27120051:37:23 PM
The Shops at Old North (US 380/0ld North) - ADP
Supriya-
Our last discussion involved the "mitigation" for approval of two rows
parking in front of retail. As mentioned, we will only go as far as
what was proposed on SP-07 (1.501 caliper trees spaced every 40' within
the 2' landscape area between the 20' utility easement and the back. of
curb for parking). Your request for trees spaced every 20' creates a
hedge and blockade of visibility - this requirement would negate the ANY
purpose of retail due to the fact you would never be able to see it, and
thus leaving the City with empty boxes or a development that never
occur.
Our submittal offers MUCH MORE than the ordnance requires. We believe
that this is, in fact, the mitigation necessary for approval, which is
all of the following:
1. a front landscape area totaling 22' in the front yard - the ordnance
requires none
2. side yard of 20' - the ordinance requires none
3. a rear yard of 20' and INCREASES the buffer area between commercial
and residential - the ordinance requires 10'
4. class-A retail commibnent through the use of CC&R's already presented
to you
5. class-A site plan through the use of architectural site features that
include round-a-bouts, boulevards with landscaping, architectural
features in the round-a-bouts, etc.
6. agreements to provide access to the adjoining neighbor to the north-
ordinance requires none
7. agreements to extend utilities to the adjoining neighbor to the north
- ordinance requires none
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PROCEEDINGS 1
COMMISSIONER STRANGE: GOOd evening, ladies 2
and gentlemen. It's 6:30 and we will convene our November 3
9th meeting of the Planning and Zoning Commission and 4
would ask that you would join with US in the Pledge to the 5
flags. 6
(Thereupon, the Pledges of Allegiance were 7
recited.) 8
COMMISSIONER STRANGE: we would ask if 9
anyone has a cell phone, they might turn it off for the 10
rest of the meeting. . Thank goodness it didn't come on 11
during the pledge to the flag. 12
The first item on the Agenda tonight would 13
be the approval of the minutes of our last meeting of 14
October 26th, 2005. Do we have a motion? 15
COMMISSIONER WATKINS: MOve approval. 16
COMMISSIONER HOLT: second. 17
COMMISSIONER STRANGE: we've got a motion 18
by Mr. Watkins and a second by Mrs. Holt. 19
Any discussion? Please, vole. 20
Vole passes 7-0. 21
The next item is our Consent Agenda and the 22
Planning and Zoning Commission had the opportunity to meet 23
in a work session prior to tonight's meeting with staff to 24
go over the Consent Agenda and any issues that we had were 25
Page 2
addressed in that meeting. 1
I will make a comment that we had three 2
items on the Consent Agenda. Item No. 3C was removed by 3
the applicant. So we will only be approving Items No. 3A 4
and 3B. 5
Do we have a motion, please? 6
COMMISSIONER HOLT: so moved. 7
COMMISSIONER THIBODEAUX: second 8
COMMISSIONER STRANGE: we've got a motion 9
by Mrs. Holt and a second by Dr. ThIbodeaux. Please, 10
vole. 11
And the vole passes 7-0. 12
We will now begin our public hearings. For 13
those of you who have not been here. This is -- the 14
public here will have an opportunity to speak. If you do 15
wish to speak: either in favor of or against any item, you 16
will need to have filled out a yellow card, which are 17
found outside the doors. And you'll need to fill those 18
out and present them down front to be able to speak. 19
First item on our Public Hearing tonight is 20
approval of Alternative Development Plan for Proposed 21
Retail and Office Development on approximately 25 acres. 22
Ms. Chewle. 23
MS. CHEWLE: Thank you. Good evening. The 24
applicant for this project is Imperium Holdings, Dallas, 25
Page 3
Texas. The applicant is requesting an Alternative
Development Plan for a proposed retail and office
development on approximalely 25 acres located northwest --
located at the northwest corner of University Drive and
Old North Road.
The property is zoned Neighborhood
Residential Mixed Use and Coll1lIl.C.t'Cial Mixed Use General.
The applicant is proposing to deviale from the sile design
standards concerning parking areas located in front of the
building. Alternative Development Plans provide a
mechanism to consider allowing a development that cannot
meet or chooses not to meet the sile design standards in
the Development Code. to deviale from these design
standards while demonstrating that it meets or exceeds the
objectives of the Denton Plan and Devlopment Code.
Public notification was sent to property
owners within 200 and 500 feet of the subject sile. Staff
received one written response in opposition and two in
favor of the request. The subject property is vacant and
the properties to the north are zoned Neighborhood
Residential 3 and 6. To the south is zoned Neighborhood
Residential Mixed Use and has the Denton Bible Church on
it.
To the east, the properties are zoned
Neighborhood Residential 3 and Employment Center
Page 4
CommerciaL To the west, is Neighborhood Residential 3
Zoning Dis1ricts. According to Section 35.I3.I3.4.A.8,
parking area shall be located behind buildings or on one
or both sides except along the interstate where a minimum
15 feet additional landscaping area will be required.
The applicant is proposing parking between
the building -- between the building and the street along
University Drive. The intent of the Code is to creale a
strectscape by locating the buildings along the street and
locating parking to the side and rear of the building.
The Code also requires all of the parking
lots to be screened from right-of-way. Any combination of
the following screening methods could be used, a
tbree-feet high wall made of any combination of wrought
iron, masonry, stone or decorative concrete panels.
A minimum 10 feet wide landscape area
planted with one large tree for every 40 linear feet.
These requirements are in addition to the street tree
requirements. However, since this project is along TXOOT
right-of-way those requirements are waived.
In order to mitigate the placement of the
parking between the building and the street, applicant
proposes a 12.5 feet wide landscaping area including
hedges along University Drive, in addition to the required
10 feet wide landscaping area and the 40 feet tree --
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
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CondenseItlM
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1 linear - trees every linear -- 40 linear feet to mitigate 1 to be given an access for futlm: access.
2 the location of the parking spaces. 2 The seventh one is agreement to --
3 Applicant proposes this additional 3 agreements to extend utilities to the adjacent --
4 landscaping in order to create a streetscape and lessen 4 adjoining neighbor to the north. Ordinance requires none.
5 the appearance of the parking along the roadway. The 5 The City is not requiring the development
6 proposed hedge will provide screening but does not present 6 to extend the water main along their frontage on the north
7 the open streetscape intended by the Code. To satisfy the 7 side of U.S. 380. On the south side of U.S. 380 a water
8 urbim image of the Code, it requires -- staff required a 8 main exists. Connection into this existing water main
9 tbree-feet high wall made of any combination of wrought 9 would require boring U.S. 380. To prevent any additional
10 iron, masonry, stone, or decorative concrete panels. 10 bores across 380 and the extension of water main along the
11 Staff relayed the same concerns to the 11 frontage of the development, the developer agreed to
12 applicant. The applicant asserts the mitigation they 12 connect into three existing stubs out on the northwest and
13 offered should be sufficient. The following are the 13 east side of their property.
14 mitigations offered by the applicant. 14 Based on the following analysis, the staff
15 The flrst one was a front landscaped area 15 recommends denial of the Alternative Development Plan.
16 totalling 25 point -- 22.5 in the front yard. The 16 Staff does not believe the proposed landscaping along
17 applicant further states the ordinance does not require 17 University Drive will provide -- will provide the urban
18 any, whereas, the ordinance requires any combination of 18 streetscape intended by the Development Plan and
19 the following which is a three-feet wall made of wrought 19 Development Code. If you have any questions, I'll take
20 iron, masonry, stone or decorative concrete panels, a 20 them now.
21 minimum of 10-feet wide landscape area planted with one 21 COMMISSIONER STRANGE: Any questions of
22 tree every 40 linear feet. 22 staff? Mr. Roy.
23 The second one was side yard of 20 feet. 23 COMMISSIONER ROY: I'm trying to think of
24 The applicant said the ordinance requires none. Since the 24 the cases where we have relaxed the parking standards in
25 property is adjacent to a zoning NR-3 zoning district, 25 the past. McKinney Avenue, for example, I believe the
Page 6 Page 8
1 minimum yard when abutting a single family use or district I applicants in that case put in the wall. I know he did
2 is 20 feet plus one feet for -- one foot for every foot of 2 because I saw it today when I drove down there.
3 the building height over 20 feet. 3 MS. CHEWLE: I guess the best example would
4 In addition to the setback, a buffer is 4 be Denton Bible Church.
5 required using either fences, vegetation or berms. 5 COMMISSIONER ROY: SO what did we do there?
6 The third major mitigation point was a rear 6 That's right across the street and what did they put in?
7 yard of 20 feet and an increased buffer area between 7 MS. CHEWLE: They have the concrete panels
8 commercial and residential which is, again, a requirement 8 that are required for the streetscape with the landscaping
9 and could not be used as a mitigation. 9 and the trees.
10 Class A retail commitment through the use 10 COMMISSIONER ROY: They have the
11 of covenants, conditions and restrictions already 11 landscaping and the trees?
12 presented to us. These are the -- the commitments in the 12 MS. CHEWLE: Yes.
13 CCR were requirements and they cannot be used as a 13 MS. CARPENTER: And the waIl.
14 mitigation. 14 COMMISSIONER ROY: And the wall, yes.
15 Class A site plan through the use of 15 Right, okay. So we have a precedent along that way?
16 architectural site features that include round-a-bouts, 16 MS. CHEWLE: vh-huh.
17 boulevards with landscaping, architectural features in the 17 COMMISSIONER ROY: okay. Thank you.
18 round-a-bouts, et cetera. Staff does not believe that 18 COMMISSIONER STRANGE: Any other questions
19 this satisfies the intent of the Code to create a 19 of staff? Thank you very much. Is the -- we will now
20 streetscape. 20 open our public hearing. Is the applicant here and do
21 The sixth one was agreements to provide 21 they wish to speak? If you'll come forward and give us
22 access to the adjoining neighbors to the north. Ordinance 22 your name and address, please.
23 requires none. The ordinance requires that two access 23 MR. SCHATTNER: Good evening. Thank you
24 points to the property to the north -- well, the ordinance 24 for letting us come and speak. before you this evening. My
25 actually requires that all the properties around you need 25 name is Stephen Schattner. I'm president and Chairman of
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
Page 5 - Page 8
Page 9 Page 11
1 Imperium Holdings Real Estate Development out of Dallas, 1 fact, addressed and met the mitigation requirements. By
2 Texas. Address is 6350 LBJ FreeWay, Suite 163. 2 doing so, we have increased the landscape buffer over two
3 As many of you know that we have recently 3 times. This is 22 feet from the property line to the back
4 acquired this site and in the process of closing. This 4 of the curb. We have also provided trees spaced every 40
5 evening I would like to give you a little bit of 5 feet in accordance with the ordinance.
6 background as to what we're proposing, a little bit of 6 With respect to the side and rear landscape
7 history of what has come about as far as this transaction 7 buffers, that is, in fact, going to be 20 feet and we will
8 is concerned and a little bit of summary on the ADP. 8 meet the requirements of the ordinance. In addition to
9 Originally speaking, the property that we 9 that, we have also -- several interior streetscapes that
10 were, in fact, acquiring from Ralph Mason Trust was 10 an: going to be a requirement of a successful development
11 approximately five acres. It was on the corner of the 11 of this property which is going to have a mixed use of
12 property. Through some of our preliminary due diligence 12 office on the back side which will be low density and
13 we found out that part of the property was platted, part 13 residential on the front side.
14 of the property was unplatted and in the process would 14 And the interior street which is the
15 require repIatting of the entire 19 plus acres. 15 dividing line between the two zonings is going to be
16 And by doing so, we also uncovered that 16 landscaped and will become a very nice scenic boulevard as
17 through the ordinance that the ADP requirement would be 17 you enter into the site. In addition to that, we.have
18 part of the process in having retail feasible and 18 several design features on the interior of the site which
19 functionable for the site. As many of you know, form 19 an: the round-a-bouts and tower elements that we will
20 follows function and for retail to survive and thrive, 20 have as architectural features. In addition to the Class
21 parking is a must in front of a building. 21 A Building for the retail development, our first phase
22 Now, in addition to that as many of you 22 which will be approximately 10,000 square feet as you'll
23 know, visibility is also the second primary function for 23 see here on the elevation and our first phase which will
24 successful retail in front of the building. And throUgh 24 be over here on the fIrSt 5.47 acres over on the corner.
25 some of the discussions that we have had with staff, these 25 Out second phase will also include similar
Page 10 Page 12
1 discussions for mitigation have required us to put in 1 design requirements in accordance with the CCNR'S that we
2 additional landscaping, trees spaced every 20 feet. If 2 have drafted. TIle CCNR's go and encompass the same design
3 everybody knows what a mature tree looks like after a good 3 features that you see on this elevation for every pad site
4 ten years, this is a very good blockade for any visibility 4 that's going to be developed so we have architectural
5 and site line necessary for visibility to retail. TIle two 5 control.
6 functions necessary for successful retail is parking and 6 Now, part of this development will also
7 visibility. These an: the top two items. 7 have an establishment of CCNR's that will apply to the
8 Now, for this property to work for Class A 8 back side as well for this office development. Part of
9 Development, we have to have parking in the front of the 9 these CCNR'S require a particular design that also has an
10 building. It will not work -- we have had several 10 influence of a Tucson appearance. This will include a
11 discussions. Many of you know that we have successfully 11 specific brick color, brick manufacturer, stone color,
12 redeveloped the intersection of Carroll Boulevard at 12 stone manufacturer, clay tile roofs, other design features
13 University. We've brought national and regional tenants 13 that go well above and beyond the current Mitten
14 to that site. And we an: in the process from the 14 ordinance.
15 overflow of that site, we have already met our quota and 15 So with that said, I'd like to just open up
16 have now pending leases on the entire building. 16 and take any questions that you may have, any particular
17 We're taking that overflow on to this site. 17 questions that you may have on the uses and users that
18 Those tenants which are also national tenants have 18 have expressed interest. Just as a quick side note, as I
19 expressed an interest in this site. We already have 19 mentioned before, we already have quite a bit of
20 several LOI'S, several contracts, and already have 20 commitment from several national users. They're very
21 commitments for multiple pad sites and and multiple spaces 21 interested in the Denton community, very excited to bring
22 on this site. These an: Class A tenants. We an: 22 Class A retail to University Drive. We believe that with
23 committed to developing a Class A retail center. 23 our track record of redevelopment of Carroll and
24 And one of the things that we have done 24 University for the 18,000 square feet and the tenants that
25 with this particular site is that we believe we have, in 25 we've brought to that area, we believe that this will be
CondenseIt 1M
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
Page 9 - Page 12
""':"_1-;;i.j.;'.~-,",;"""",^"'~'-;,~' CJ
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1 the second building that we'll deliver to University Drive 1 like to see some kind of buffer in that way, because
2 with Class A tenants and a Class A building as well. 2 that's a long way from the highway back into those
3 Thanks. 3 buildings, and I just think it would be esthetically more
4 COMMISSIONER STRANGE: AnY questions of the 4 pleasing.
5 applicant? Mrs. Holt. 5 MR. SCHATTNER: NOW, we're talking about
6 COMMISSIONER HOLT: Yes. Why do you not 6 the fence on the front yard?
7 want to put a low fence or some kind of wall or something? 7 COMMISSIONER HOLT: uh-huh.
8 MR. SCHATTNER: The way that the ordinance 8 MR. SCHATTNER: okay. We're in total
9 is intended and the purpose of having a streetscape was 9 concurrence of having something in the front yard. If I
10 intended to insight and provide free pedestrian access. 10 may, these are the, what you see on the front, these are
11 If we put a wall up in front of the retail building, one, 11 the color site plan and elevation that demonstrates
12 it does not function for the necessitation of having 12 exactly what we're proposing and we are very committed to
13 pedestrian free movement to the site. And, secondly, does 13 putting a landscape buffer and landscape hedge that will
14 not fit with the aesthetic qualities of what we're 14 function as the same purpose as putting a fence or any
15 intending to do. If we put a three-foot wall in front, 15 type of permanent structure. And we believe that that
16 might as well put a barbed wire and a sign out front that 16 will suffice for any type of aesthetic need. As you'll
17 says will be shot on sight, beware of dog and whatever 17 note, there's going to be a three-foot high landscape
18 else. And that's just not the way that we intend to 18 hedge., and it will be nicely landscaped out front.
19 develop a Class A retail building. 19 One of the other things that you do not see
20 We don't think that the function is 20 on this plan, this plan was colored a little bit earlier
21 necessitated. We can't understand through any type of 21 in the stage, but the trees will also be on that plan as
22 other example, retail example, on University Drive that 22 well, spaced every 40 feet.
23 would set a precedent for this as well. 23 COMMISSIONER HOLT: can I ask him --
24 COMMISSIONER HOLT: well, what is your 24 COMMISSIONER STRANGE: MS. Holt, you're
25 connection going to be to the neighborhood in -- behind 25 still up.
Page 14 Page 16
1 that, to the north? 1 COMMISSIONER HOLT: okay. Well, what about
2 MR. SCHATTNER: we have two, and it's not 2 berming out in front?
3 shown on this plan. We have newly updated plans. We have 3 MR. SCHATINER: certainly. We could put a
4 two access points. And on the plan, on the newly updated 4 berm in lieu of the landscape hedge.
5 plan, that access point is right here on the plan. And 5 COMMISSIONER HOLT: what about both?
6 the second access point is right here on the plan. And 6 MR. SCHATINER: well, if we do that, then
7 that has just been recently updated. 7 we're going to have a six-foot high wall.
8 COMMISSIONER HOLT: well, I know there's 8 COMMISSIONER HOLT: well, those hedges have
9 nothing else on University that has a wall or fence or 9 a way of not doing the job. What we're trying to do is
10 anything like that, but this particular site is in a heavy 10 cover up that parking area.
11 residential area right there, and it's the fIrst nice 11 MR. SCHATINER: Sure. I completely agree
12 development that's come our way, but we want to keep that 12 with you. That parking area does need to be concealed.
13 residential feel. 13 COMMISSIONER HOLT: And I mean, the church
14 And when the Bible Church came along, we 14 did a good job of concealing theirs. I really feel
15 questioned that because they had all of that parking in 15 strongly that this needs to be covered up because we are
16 front. And they also have benches to catch the bus and 16 giving you a concession in letting you park -- do the
17 some things like that. And it really makes it attractive 17 parking in the front.
18 and really would like to see you-all put something like 18 MR. SCHATINER: certainly.
19 that up because it -- to me, it's a little bit different 19 COMMISSIONER HOLT: So I would like to see
20 than the University site because that is heavily 20 something else in front.
21 cOIlll1lerCial and this area is not at all. 21 MR. SCHATINER: okay. Why don't we do a
22 And I just think it would lend itself more 22 berm that's a tbree-foot high berm and that way it will be
23 to the site and then especially because if you want 23 something pennanent, and will also be consistent with the
24 walkers and people like that, they're going to be coming 24 architectural style of what we're trying to attempt to do
25 from the north and the east and west. So I would really 25 here.
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
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1 COMMISSIONER HOLT: well, I'd like to ask 1 I just want to let you know I have severaL
2 staff if this would be a feasible thing to do because it 2 COMMISSIONER STRANGE: well, why don't you
3 is along TxOOT and see what some of the other 3 ask them.
4 Commissioners say about this kind of screening, some kind 4 MS. CARPENTER: okay. Thank you. My first
5 of scn:ening, extra. 5 question is that Attaclnnent 6 in the packet sent to the
6 MR. SCHATTNER: certainly. 6 Planning Commission I think is the conceptual pian that
7 MS, CARPENTER: DO you want me to respond? 7 you had asked them to consider, and it is considerably
8 COMMISSIONER STRANGE: MS. Carpenter, 8 different from the color document that you've handed out.
9 please. 9 Are you asking, Mr. Schattner, that the Planning
10 MS. CARPENTER: Mr. Chairman, Mrs. Holt, 10 Commission approve the conceptual document that you've
11 there's an eight-foot easement that runs from the edge of 11 handed out tonight as opposed to the document that you
12 the right-of-way back to the property and a berm cannot be 12 submitted for consideration on this item because they're
13 put in that. So he'd be putting the berm further back 13 definitely not the same?
14 than eight feet from the edge of the right-of-way. I'm 14 MR. SCHATTNER: I think that would be
15 not sure where he would put it. That would put it 15 better answered by Supriya. The request for this document
16 someplace in his 14.5 feet that he's providing past the 16 was by her.
17 eight feet, but you can't put it right up in the 17 MS. CARPENTER: okay. Let me have a
18 eight-foot easement. The City won't allow that in its 18 little, just a moment here. Is this the site pian that
19 utility easement. 19 you're asking to be approved as part of your ADP?
20 COMMISSIONER STRANGE: well, 1 had a 20 MR SCHATTNER: NO. The only request for
21 similar thing before Mrs. Holt started talking. I wrote 21 ADP is to have the two rows of parking in the front.
22 down three words, berms, hedges or combinations with low 22 That's the only request.
23 landscaping, low-level landscaping. Again, something that 23 MS. CARPENTER: SO this is what you're
24 would give you a visual break from the grill of the cars, 24 asking for?
25 but line of sight still1ets you see the facades that 25 MR. SCHATTNER: Yes.
Page 18 Page 20
1 you've got, which I think are attractive. And I guess 1 MS. CARPENTER: So you're not committing to
2 what I'm hearing you say, you're willing to look at those 2 the things on this document? You're only asking for the
3 and maybe even combinations of those? 3 two rows of parking in front of the buildings on this site
4 MR SCHATTNER: Absolutely. As long as we 4 plan; is that --
5 can maintain approximately three feet which will be more 5 MR. SCHATINER: That is correct.
6 than ample to cover up the front grill of the car and the 6 MS. CARPENTER: It's not this document?
7 headlights coming out into the street and if it needs to 7 MR. SCHATINER: YOU know, I think that
8 be permanent like a berm. we're certainly more than 8 would be --
9 willing to do that. 9 MS. CARPENTER: sir, you handed -- but you
10 Originally, what had happened is that our 10 handed this out. I'm trying to understand what you're
11 original information we got from the City is that there 11 asking of the Conunission,
12 was going to be a 20-foot TxooT easement and discussions 12 MR. SCHA TINER: JUst the two rows of
13 that we had with engineering, they didn't know how wide 13 parking.
14 the right-of-way was with the TXOOT right-of-way. And 14 MS, CARPENTER: So this document?
15 through some of our engineering due diligence we found out 15 MR. SCHA TINER: I guess that would be
16 that the full 135 width had already been conceived and 16 correct, yes.
17 been approved and dedicated to TXDOT. 17 MS. CARPENTER: okay.
18 Now, on part of this, that also decreased 18 MR. SCHA TINER: I just wanted to give you
19 our easement necessary and it also gave us now the 19 some inside as to what we're proposing so we show
20 opportunity to do a permanent berm in the front just as of 20 everything.
21 about a week. ago. So that is now a new option to us. 21 MS. CARPENTER: okay. So this document has
22 COMMISSIONER STRANGE: Mrs. Carpenter. 22 street trees on it and it doesn't have the round-a-bout.
23 MS. CARPENiER: Mr. Chairman, I do -- I do 23 It doesn't have the internal streetscape. It doesn't have
24 have several questions but I'll gladly wait until the 24 -- well, it does have the hedges. I'm not sure what other
25 Planning Commission has finished asking its questions, but 25 differences there are between the two, but as long as we
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
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Page 21 Page 23
1 know which document we're looking at for approval 1 you received prior to tonight's meeting, I think that
2 purposes, it's Attachment 6 and not this-- 2 again would be better answered by Supriya.
3 MR. SCHATTNER: It would be the document 3 COMMISSIONER STRANGE: okay. Well., I kind
4 that's in the Attachment, yes, that's correct. 4 of look at it that it's your project so I'd like for you
5 MS. CARPENTER: All right. Thank you, Mr. 5 to answer what you're going to do there.
6 Chainnan. 6 MR. SCHATTNER: well, our -- my answer to
7 COMMISSIONER STRANGE: well, let me clarify 7 that is that we're going to comply with the ordinance.
8 in my mind, you're asking uS to approve one thing, but 8 And if we have any type of excess parking, believe that
9 you're showing us another and telling us another. One of 9 that parking area has to be some type of impervious --
10 the things that we look at when we look at granting these 10 COMMISSIONER STRANGE: yeah. I don't want
11 ADP's would be the end effect. 11 to get over into the excess parking at this point. I'm
12 And the end effect to me, is how we're 12 just thinking you're here asking us to approve an ADP, and
13 going to screen the parking. So I would be reluctant to 13 as a part of that approval process, I think what I'm
14 make a decision based on a document that would not -- or 14 hearing, some of us, we're probably willing to approve --
15 some covenant from you that would give us the guarantee 15 maybe look at -- willing to approve the parking in front
16 that there will be berms, hedges or other forms of 16 so long as we have screening. I don't want to approve the
17 landscaping to fonn that screen. Because if we approve it 17 parking in front if I don't have something that's going to
18 otherwise, then we really have no way to go back and get 18 indicate you're going to follow through on the screening.
19 from what you presented to what we want. 19 And I'm just asking you, how would you do that?
20 So how are you proposing that we do that? 20 MR SCHATTNER: I think that we can
21 MR. SCHATINER: Again, tonight's Agenda was 21 probably write that in with the deed restriction.
22 only to address the two rows of parking in the front. And 22 COMMISSIONER ROY: EXcuse me, Mr. Chainnan.
23 part of the concession as to having those two rows of 23 COMMISSIONER STRANGE: Mr. Roy.
24 parking is to have some permanent item, whether it be a 24 COMMISSIONER ROY: we can make conditions
25 landscape item or a permanent structure. What we are 25 on our ADP approval.
Page 22 Page 24
1 proposing this evening is that we will provide a berm, 1 COMMISSIONER STRANGE: I understand that.
2 which I think goes with Ms. Holt's needs or addresses that 2 I'm just trying to get him to say whether or not he's
3 need, correct me if I'm wrong. 3 willing to do that is my point of my question.
4 COMMISSIONER STRANGE: yeah. And I 4 MR. SCHATI'NER: Yes, I am.
5 understand what you're saying there. I guess that's why 5 COMMISSIONER ROY: I think it's a very
6 I'm a little confused that you wouldn't be willing to 6 simple thing if we can just describe it on a motion, we
7 substitute this for the drawing in the package. 7 can say we approve the ADP with these conditions. Legal,
8 MS. CARPENTER: I think the challenge is is 8 that's correct, isn't it?
9 that the parking on that diagram exceeds the parking 9 LEGAL: you'd actually be recommending
10 that's allowed by the Code and applicant did not want to 10 approval.
11 ask for an ADP for that parking. I think that's the issue 11 COMMISSIONER ROY: well, certainly, okay.
12 so he cannot commit to that site plan unless he had also 12 Yes, recommending approval to Council with these
13 asked for the parking waiver, which he didn't. 13 conditions, certainly.
14 COMMISSIONER STRANGE: okay. Are we 14 COMMISSIONER STRANGE: I just want to make
15 opening ourselves up then to another ADP at a later date 15 sure the applicant is willing to do that is all I was
16 for parking? 16 trying to do. Mr. Roy, did you have other questions?
17 MS. CARPENTER: I think it's entirely 17 COMMISSIONER ROY: well, just following up
18 likely and that would happen on a final plat by fmal plat 18 on this. I realize this is -- I know what this is but
19 basis, yes, sir. I think that's the choice applicant's 19 you've described to us a nice-looking facility, Class A,
20 made. 20 and I realize you're not here to get approval on this kind
2] COMMISSIONER STRANGE: okay. 21 of a document, but I hear you saying this is generally
22 MR. SCHATTNER: I think it is consistent 22 what this thing is going to look like?
23 with what Ms. Carpenter just mentioned, but, again, I 23 MR. SCHATTNER: That's correct.
24 think if you have a specific question as to our reasoning 24 COMMISSIONER ROY: More like this than
25 of why we submitted that document in the attachment that 25 anything else?
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
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1 MR. SCHATTNER: That is correct. 1 COMMISSIONER WATKINS: JUst a picture.
2 COMMISSIONER ROY: okay. Thank you. 2 MR. SCHATINER: -- that it's just a pretty
3 COMMISSIONER STRANGE: staff. 3 picture just to show you guys what to expect.
4 MS. CARPENTER: Mr. Chairman; I think that 4 COMMISSIONER WATKINS: okay. Well, I was
5 to help clarify this, it might be that the maps are not 5 just -- you're telling us that parking is the first order
6 necessary as part of this particular ADP and that we 6 of business and certainly I have no reason to doubt you,
7 handle the request by words. And my suggestion might be 7 however, our Development Code and so forth says that the
8 that the consideration is for an ADP to allow two rows of 8 parking will not be in front, so that puts US in a little
9 parking in front of the building with the conditions that 9 bit of a bind or an alternative development plan as you
10 you decide to put on it. 10 have come before us. I really -- it's really nice but I
11 The berms, which if you decide on the berms 11 -- there is no way to work it out to fit our local Code;
12 need to be outside the eight-foot easement and the hedges 12 is that what you're telling us?
13 which he's already said he would provide, so I think that 13 MR. SCHATINER: That's absolutely correct.
14 you may want to just limit it in words to approval of an 14 The tenants are actually waiting for the response on the
15 ADP for two rows of parking along the -- well. you might 15 ADP issue in order to determine as to whether or not they
16 want to condition it as shown on this drawing. 16 will decide to go in this location.
17 COMMISSIONER STRANGE: yeah. But we also 17 COMMISSIONER WATKINS: okay. Thank you.
18 had other things -- 18 COMMISSIONER STRANGE: staff?
19 MS. CARPENTER: ADd then conditions. 19 MS. CARPENTER: one point of clarification,
20 COMMISSIONER STRANGE: TreeS every 40 foot, 20 Mr. Chairman, I said that the berm was the mitigation
21 20 foot of landscaping fronts and sides, two accesses to 21 measure that's above what's in the Code, that he's
22 back - is there a list in there that's got all of that on 22 offering as mitigation, I need to clarify one thing with
23 it so that someone could form a motion? 23 Supriya. Is it accurate, Supriya, that they are required
24 MS. CARPENTER: well, that's applicant's 24 a ten-foot wide landscaped area planted with a tree for
25 list, which I think the staff, basically, had said to you 25 every 40 linear feet, and they've offered above that ten
Page 26 Page 28
1 all of the things on the list were already required by the 1 feet, but no trees. Can you --
2 Code and could not be used as mitigation measures, so I 2 MS. CHEWLE: They are meeting all of the
3 think of what's on the table, the mitigation measure that 3 required ten-feet landscape area plus the trees that are
4 exceeds what's in the Code right now is only the benns. 4 required.
5 COMMISSIONER STRANGE: All right. Any 5 MS. CARPENTER: okay. But there's
6 other questions of the applicant? Mr. Watkins. 6 additional land there above the ten feet; is that not
7 COMMISSIONER WATKINS: Thank you, Mr. 7 accurate?
8 Chairman. Congratulations on your Carroll Boulevard, 8 MS. CHEWLE: That's correct. There's 125.
9 University Drive, it looks real nice. 9 MS. CARPENTER: 12.5 feet above the
10 MR. SCHATINER: well, good. Thank you. 10 ten-foot buffer?
11 COMMISSIONER WATKINS: Has the Highway 11 MS. CHEWLE: That's correct.
12 Department conceded six entrances to this property from 12 MS. CARPENTER: okay. So the two things
13 Highway 380? 13 that are on the table are the berms, which haven't been
14 MR SCHATTNER: NO, actually right now 14 located and the landscape buffer in the front which is
15 we're in the process of going through the motions of a new 15 required to be ten, but will be 225, so they're offering
16 traffic impact analysis and there have been several 16 125 feet of land in front?
17 modifications since our last TIA approximately two years 17 MS. CHEWLE: plus it will have the hedges.
18 ago. 18 MS. CARPENTER: Right. Plus the hedges.
19 Then numbers that I received from our 19 And the berm if you decide you want to propose it could be
20 traffic consultant as of about -- about a week ago 20 in the 125 feet but not in the eight.
21 indicated that there would be just over 20,000 trips per 21 MS. CHEWLE: That's correct.
22 day generated as a result of the proposed development 22 MS. CARPENTER: where the easement is.
23 plan. And in that proposed development plan we will be 23 COMMISSIONER STRANGE: Thank you for that
24 submitting for four driveway entrances. This was again 24 clarification.
25 done so early in the stage .- 25 MR. SCHATTNER: ADd let me clarify. It's
PLANNING AND ZONING MINUTES NOVEMBER 9~ 2005
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1 actually 12 additional feet. So we'll have 22. It's to 1 because we couldn't fit them in there.
2 the back of the curb or 22.5 to the front of the curb. In 2 In addition, we do have a dry-cleaner that
3 addition to that, I also need to reiterate the fact, that 3 is interested in the site. We are talking with a national
4 if we do any type of hedge, that it will have to be 4 restaurant fOf this location and we have also negotiated a
5 outside the top of that berm so we don't wind up with a 5 final contract for the convenience store, which, again, is
6 six-foot wall in the front. 6 going to conform to these designs right here.
7 COMMISSIONER STRANGE: I think we're clear 7 COMMISSIONER NOBLE; And the second part is
8 on that. Any other questions of the applicant? Ms. Holt. 8 -- and I know these might not be strict but are we
9 COMMISSIONER HOLT: would you repeat that 9 generally looking at retail on this first -- that's closer
10 again? 10 to the highway and then the second, if I'm reading this
11 MR SCHATINER: If we do plantings of a 11 correctly, that's more kind of an office suite, possible
12 landscape hedge, on the very pinnacle of the landscape 12 office suite structures here in that -- am I looking at
13 benn, we'll wind up with a wall that's about six. feet tall 13 that right or --
14 and block the visibility. 14 MR SCHATTNER: That's correct. It is
15 COMMISSIONER HOLT: So where will the 15 going to be office on the back. And right now we're
16 bushes be? In front of the berm? 16 actually -- been talking with several users. We have not
17 MR SCHATTNER: n will either be in the 17 received any offers for the back side. And our intention
18 front or the back and I prefer to have them on the front. 18 is to develop it ourselves just depending on what the
19 That way you can actually see the -- some landscape. 19 market demand is. Our first phase will be the first 5.74
20 COMMISSIONER HOLT: okay. Thank you. 20 acres that's up on the comer of the site and what we're
21 COMMISSIONER STRANGE: Any other questions 21 going to do on the second phase is once we have this
22 of the applicant? Dr. Noble. 22 building leased up, we're going to start on Phase 2 for
23 COMMISSIONER NOBLE: Thank you, 23 the retail depending on how the demand goes for Phase 1
24 Mr. Chainnan. I think this is -- I know this is just a 24 and I expect it to go quite welL So as -- what you're
25 rendition here, but it just seems reasonable to me the way 25 going to end up seeing is in Phase 2 coming all the way
Page 30 Page 32
1 this is constructed .- I know, initially we had mentioned 1 down to the Sonic site, Sonic should be underway here
2 not having these -- this parking lot, kind of these mass 2 after we run through the motions with this process and
3 parking lots in the front of these buildings, but I don't 3 then also with the plat. Once we've completed primarily
4 see any other way. And I can't imagine putting parking 4 most of the front phases, we're going to be working on the
5 structures on the opposite side of the buildings and then 5 back side, and the reason being is just to invigorate some
6 what we see from the highway is just the back of 6 users and, you know, get some interest out here and
7 buildings. So I think this is reasonable. What I would 7 showing what the property is all about and the best way to
8 like to know is you mentioned there are some possible 8 start is on the front. And that should be -- on the back
9 tenants or applicants, could you mention who some of those 9 side, we've already had quite a bit of interest from
10 tenants or applicants might be? 10 medical office users, so we see that going more in the
11 MR. SCHATlNER: we have right now a 11 direction for medical office building, just low density
12 nWonal restaurant that is looking -- unfortunately, the 12 medical office.
13 only name that I can mention is Sonic and that is the 13 COMMISSIONER STRANGE: okay. Any other
14 reason because they have already submitted a preliminary 14 questions of the applicant? Thank you very much. Do we
15 plat and it's, I believe, of public record. 1bey are 15 have any cards? Is there anyone else who wishes to speak
16 going to conform to CCNR'S, so the design elements that 16 for or against?
17 you see in this building will also be applied to the 17 MS. CARPENTER: I have no cards.
18 Sonic, so it's not going to be your prototypical Sonic. 18 COMMISSIONER STRANGE: okay. Then I don't
19 In addition to that, we also have a 19 guess you would have a rebuttal at that point then because
20 restaurant which is right here. We're currently working 20 you don't have anybody speaking for or against. So with
21 with them on this particular site. We have, in addition, 21 that, we'll close our public hearing.
22 the tenants which are located in this building right 22 MR. SCHATINER: Thank you.
23 here. We're working with several at this point which is 23 COMMISSIONER STRANGE: so the public
24 just overflow from our 401 University asset that we 24 hearing is closed. Do we have a motion? Mrs. Holt.
25 couldn't get in there because of either price or just 25 COMMISSIONER HOLT: I'll try. I move that
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
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Page 33 Page~5
1 we approve the ADP with conditions of ~- for two rows of 1
2 parking in front of the commercial businesses with berms 2
3 in the 12 feet -- 3
4 MS. CARPENTER: outside the easement. 4
5 COMMISSIONER HOLT: -- outside the 5
6 easement, trees and shrubs plus the 12 foot -- 6
7 MS. CARPENTER: 12.5 feet of additional 7
8 buffer. 8
9 COMMISSIONER HOLT: -- plus 12.5 feet of 9
10 additional buffers with hedges. 10
11 COMMISSIONER STRANGE: Are you saying both 11
12 hedges and buffers are interspersed so I can get it clear 12
13 in my mind n 13
14 COMMISSIONER HOLT: Yeah. 14
15 COMMISSIONER STRANGE: - so long as we are 15
16 kind of maintaining a three~foot high visual barrier along 16
17 the front? 17
18 COMMISSIONER HOLT: Yes. 18
19 MS. CARPENTER: with a berm not to exceed 19
20 three feet. 20
21 COMMISSIONER HOLT: The berm not to exceed 21
22 three feet. 22
23 MR. SCHATINER: And those are trees spaced 23
24 every 40 feet? 24
25 COMMISSIONER HOLT: Yes. 25
Page 34 Page3"
1 COMMISSIONER STRANGE: okay. We have a 1
2 motion. Do we have a second? 2
3 COMMISSIONER WATSON: second. 3
4 COMMISSIONER STRANGE: who was that again? 4
5 Mr. Watkins, okay. I have a motion by Mrs. Holt and a 5
6 second by Mr. Watkins. Any discussion? If not, please, 6
7 vote. Mrs. Holt, you haven't registered yet. 7
8 And the vote passes 7-0. 8
9 MR. SCHA TINER: Thank you very much. 9
10 Looking forward to this development. 10
11 COMMISSIONER STRANGE: GOod. Thank you. 11
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
PLANNING AND ZONING MINUTES NOVEMBER 9, 2005
Page 33 - Page a~
. . - ,. -.
. c' '..' d'",""::':.C:::-_:--_;; ~:,.-,'__:,':-~;.:::.~.J2~,;,J;~J!.;-~-:~:,~~~~
ATTACHMENT 7
Appl icant Letters
IMPERIUM
H 0 L DIN G S, L. P.
WWW.1 M PERI U M - HOL DIN GS. COM
63SOLBJ FREEWAY, SUITE 163 1802 CRESTHAVEN DRIVE
DALLAS, TEXAS 75240 AUSTIN, TEXAS 1870+
972.385.190? (plUXHl) 972.991.1192 (60;.:) 5l2.587.5679 (pbonc) 775..30.5.1800 (las)
October 20, 2005
City Hall West
221 N. Elm Street
Denton, TX 76201
Regarding: Shops at Old North ADP Submittal
Dear Supria,
Thank you very much for your continued efforts and interest in the Shops at Old North located at the
northwest comer ofHwy 380 and Old North Road. Currently we have multiple contracts and letters of intent
from national and local retailers for the multi-tenant retail and pad sites that we plan to construct. These
tenants require parking in front of the building in order for there business' to have the success that they
currently envision. We desperately need the support of the proposed ADP plan attached.
With regards to the site design. the CC&R (attached) that is proposed for the overall master plan, and
will be enforced upon each purchaser and pad site, will make a unification of design elements that will create
an added benefit to the site and to the city. Also, please see our proposed elevation and additionally the
several site design features such as common driveways, rotmd-abouts, and architectural tower features that
create an aesthetic benefit to the site. We believe this is a class "A" design that will tlPllUlnd higher than
average rents and therefore will bring a beneficial class of tenant.
The request that the City of Denton Planning has made asking for an increased Iandscape buffer we
believe to not be possible. If required to increase the front landscape buffer there will not be enough depth
for certain pad sites due to the amount of depth from the frontage road to the back of the CM-G zoning. At
this point the zoning changes to NR-MU. Per request from Planning we have already agreed to provide the
northern land owner with two access points and stubs when none where required. With regards to the site
PIan. we feel thal the indicated buffering along the frontage, side, and rear yards exceeds Ihe requirements
put in place by the City of Denton. These buffers are a benefit to the overall site and should allow for our
requested double row of parking in front of the buildings.
Without our parking we feel that we will loose the interest of a good majority of our currently
interested tenants and are wary of the overall success of this development
Sincerelv.
~9...J1/~
Stephen Schattner
CC: Mayor Brock
Mike Conduff
Pamela Rambo-Estill
Kelly
Linda Ratliff
David Lightfoot
Enclosures (2)
IMPERIUM
H 0 L DIN G S, L. P.
WWW.IMPERIUM-HOLDINGS.COM
6J.50 IBJ FREEWAY, SUITE 163 1802 CRESIHA. VEN DRIVE
DAlLAS, 1EXAS 75240 AUSTIN, 1EXAS 78104-
972.385.1907 (phone) 972..991.1192 (fax) 512.587.5679 (pbon.c:) 775.30S.18OO (faJ[)
October 21, 2005
City of Denton
City Hall West
Attn: Supriya Chewle
221 N. Elm Street
Denton, TX 76201
RE: Shops at Old North - ADP re-submlttal
Dear Supriya:
This submittal is intended to only address the issue of parking in front of the buildings.
Additionally, will also be requesting the approval of the three monument signs as shown
on the plan - please advise us if this needs to be addressed as a part of the ADP. Please
see all notes on the proposed plan that have been added since out first ADP submittal.
We will be submitting engineering drawings and a tree inventory analysis/mitigation with
our preliminary plat. All other issues that were of the City's concerns in the preliminary
review for the preliminary plat submittal and other comments in the ADP submittal will
be addressed as part of the plat, which will resolve all comments.
We will comply with all ordinances mandated by the City.
Thanks again.
Sincerely,
~9J~
Stephen Edward Schattner
Enclosures: (1) PDF of the plan and (3) 24x36 copies ofthe ADP plan under separate
enclosure
12
From:
To:
Date:
SUbject:
"Stephen Schattner" <SSchattner@imperium-holdings.com>
<supriya.chewle@cityofdenton.com>
10/27120051:37:23 PM
The Shops at Old North (US 380/0ld North) - ADP
Supriya-
Our last discussion involved the "mitigation" for approval of two rows
parking in front of retail. As mentioned, we will only go as far as
what was proposed on SP-07 (1.501 caliper trees spaced every 40' within
the 2' landscape area between the 20' utility easement and the back. of
curb for parking). Your request for trees spaced every 20' creates a
hedge and blockade of visibility - this requirement would negate the ANY
purpose of retail due to the fact you would never be able to see it, and
thus leaving the City with empty boxes or a development that never
occur.
Our submittal offers MUCH MORE than the ordnance requires. We believe
that this is, in fact, the mitigation necessary for approval, which is
all of the following:
1. a front landscape area totaling 22' in the front yard - the ordnance
requires none
2. side yard of 20' - the ordinance requires none
3. a rear yard of 20' and INCREASES the buffer area between commercial
and residential - the ordinance requires 10'
4. class-A retail commibnent through the use of CC&R's already presented
to you
5. class-A site plan through the use of architectural site features that
include round-a-bouts, boulevards with landscaping, architectural
features in the round-a-bouts, etc.
6. agreements to provide access to the adjoining neighbor to the north-
ordinance requires none
7. agreements to extend utilities to the adjoining neighbor to the north
- ordinance requires none
13
ATTACHMENT 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING FOR AN
ALTERNATIVE DEVELOPMENT PLAN ON APROXIMATELY 25 ACRES OF LAND
GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND
OLD NORTH ROAD INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT AND COMMERCIAL MIXED USE GENERAL (CM-G)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF
ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING FOR A
PENAL TY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008)
WHEREAS, Imperium Holdings, LP has applied for an alternative development plan which
is on file in the City's Planning Department, on approximately 25 acres of land located in a
Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General
(CM-G) zoning district, as more particularly described in Exhibit "A' attached hereto and made a
part hereof by reference (the "Property"); and
WHEREAS, on November 09,2005, the Planning and Zoning Commission recommended
approval with conditions of an Alternative Development Plan; and
WHEREAS, the City Council finds that the Alternative Development Plan is consistent with
The Denton Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. The Alternative Development Plan consisting of two rows of parking between
the building and the street is hereby approved with the following conditions:
1. Provide a 3 feet high berm along University Drive frontage outside the 8 feet
easement.
2. Provide 3 feet high hedge along University Drive frontage outside the 8 feet
easement and planted in front of the berm.
3. Provide a 12.5 feet landscape area in addition to the required 10 feet wide landscape
area planted with one large tree for every 40 linear feet. (The landscape area will be
22' to back of curb and 22.5' to front of curb).
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are servable.
1
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a swn not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. . This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of
, 2005.
EULINE BROCK., MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
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EXHIBIT B
PJIutoJUn.'J: n.:.a =lal"'J'Wft
BEING SITUATED IN THE W. POGUE SURVEY. ABSTRACT NO, 10' Z. DENTON COUNTY, TEXAI!I AND BEING AlL OF' A
CALLED '4..22 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RALPH L IIWION TRUST OF RECORD IN VOW"E
5OM. PAGE 3125 Of' THE DEED RECORDS OF DENTON COUNTY. TEXAS THAT INCLUDES A PART Of' lOT 1 AND 2.
n-IDMPSDN ADDI11DN SECTION llIWO. AN ADDITION TO THE CITT OF DENTON, DENTON COUNlY. "TEXAS. ACCDIIDINU
TO THE PLAT THEREOF RECORDED IN CABINET Co PAGE 2U or THE PLAT RECORDS OF DENTON COUNTY. TEXAS.
AND ALL OF A CALLED 1.88 ACRE TRACT OF' LAND DESCRIBED IN A DEED TO RALPH L. 1llAS0N TRUST OF
RECORD IN VOLUME 5D400 PAD[ 1273 OF THE DEED RECORDS OF DENTON COUNTY. TEXAS, AND ALL OF A
CALLED 0.71 ACRE T1L\CT OF LAND DESCRIBED IN A DEED TO RALPH L. lMSON TRUST or RECORD IN VOWIIIE
DOotO,. PMIE 120 OF THE DEED REC01m5 OF DENTON COUNTY, TEI.AS. AND ALL OF A CAll...ED U.AD ACRE 1HACT
OF LAND (TRACT ~SCRIBED IN A. DEED TO RALPH L.. YASOII TRUST OF RECORD IN VOLUME 5150, PAGE 1708
OF THE DEED OF DENTON CClUH1Y. TEXAS.. AND BEiNe ALSO PART OF A CALLED 2. ACRE TRACT OF
LAND DESCRIBED IN A DEED TO RALPH L lIMSON, TRUSTEE or THE RALPH L MI\SON TRUST OF' RECORD IN
VOWME 4115. PAGE 7-41 OF THE DEED RECORDS OF DENTON COUNTY. TEXAS AND BEING YORE PARTICULARLY
DESCRIBED BY' METES AND BOUNDS AS FOI..1.OWSI
BEGINNING AT AN -r CUT FOUND IN CONCRETE IN THE WEST RIGHT-or-WAY OF OU) NORTH IC>>.D AND AT THE
WOST EASTERN NOIfTHEAST CORNER OF SAID 1Lft: ACRE TRACT~
n-IENCE SOUTH O,..oIG'!W- WEST WITH SAID WEST RIGHT-OF-WAY UNE" A DISTANCE OF 311.73 FEET TO A IDD
MAIL FOUND FOR COIIMElIl IN THE IfORTH RIGHT-OF-WAY UNE or U.s, HIGHWAY 310 (VARIA.BLE WIDTH
RIGHT-OF-WAY)
lHENCE ALONG :MID MORTH AliGHT-OF-WAY UNE OF U,s. H!CHWAY 380 THE rollowlle COURSES AND
DISTANCES;:
NDR'J1oI .13'U- WEST. A DISTANCE OF 27LII FEET TO A 5/8- IRON ROD KT FOR CORNERi
NORTH 7rU'U- WEST. A DISTANCE OF' IIL04 FEET TO AN -X- SET FOR CORNER;
NORTH 73".'25'" WEST. A DISTANCE OF lIO.II FEET TO A 5/8'" IRON ROD SET FOR CORNER;
NORTH 74"42'Ir" WEST. A DISTANCE OF 11.21 FEET TO A 5/1- IRON ROD SET fOR CORNER;
NORTH 7rOl'OT" WEST. A DISTANCE OF 71.15 FEET TO A 5/8'" IRON ROD SET FOR CORNER;
NORTH 71"08'58'" WEST. A DISTANCE OF 71.u FEET TO A 5/8'" IRON ROD SET fOR CORNER!:
NORTH 7r1S'52'" WEST, A DISTANCE OF 10.15 FEET TO A 5/1- IRON ROD SET FOR CORNER;
NORTH 78"28'-4'" WEST. A DISTANCE OF 71.11 FEET TO A RIGHT-OF-WAY MONLIlIlENT FOUND FOR CORNERI
NORTH 80'31"3- WEST, A DISTANCE OF 71.. FEET TO A RIGHT-OF-WAY MONUtlIENT FOUND FOR CORNERI
NORTH 11".'04" WEST, A DISTANCE OF 10.15 FEET TO A RIGHT-OF-WAY MONLlMENT FOUND FOR CORNER;
NORTH 12'43""- WEST. A DISTANCE OF 71.u FEET TO A 5/1- IRON ROD SET FOR CORNER;
NORTH U'51'-4r WEST, A DISTANCE OF n.u FEET TO A 5/1- IRON IDD SET FOR CORNEll;
NDImI _OO'D!" WEST. A DISTANCE OF 7iI.u FEET TO A RIGHT-OF-WAY MO......ENT F"OUrtD fOR CORNER;
1
taIII W20"S4- waf. A DlSTANCI 011 ".12 ..... 10 A IIGHT-CW-WAY MONUlllDIT POUND FOR COMIIIt;
IICII'IH 17"21.- WEST. A DISTANCE OF 10.11 flIT 10 A IIr IRON ROD sa FOR CORNIR;
NOImI _II~ WESr. A DISTANCE Of' 10.1. nrr 10 A RIIHT-Gf'-WAY IIION....DIT fOUND fOR eaRlIER;
IIClI'IH .~W10- WEST. A DlSTMICE OF 1O.u nrr 10 A RIGHT-oF-WAY MONUWENT FOUND FOR CORMEIt;
SOUIH _S1"04- WESr. A DISTANCE Of' 11.21 nrr 10 A RIGHI'-oF'-WAY MONUWDIT FOUND fOR CORMIR;
IIOII1H ..S1"54- WElT. A DISTANCE Of' 1.10 FEET 10 A sir IIIGtI ROD SO fOR CORNER;
SOU1H .13"31'" WEST. A DlSTMtCE Of' 12.21 FEEl' 10 A Sir IRON ROD lEI' FOR CORNER;
SOUIH aro.c...- WElT. A DISTANCE OF 10.00 FEET 10 A RIOHT-Gf'-WAY MOHUWDIT FOUND FOR CORIIER;
SOU1H .sa.1" WEST. A DISTANCE Of' ,..as FEET 10 A RIGtIJ-oF-WAY MONIAIDIT FOUND FOR CORIIER;
SOU1H I4"SS"Or WEST. A DlSTMtCE Of' 80.13 FEEl' 10 AN -r lEI' FOR CORtER AT 1IC SOU1HWEST
CORNEll OF SAID 0.7. ACRE: 1RAC1' AND IN tIlE EAST LIE OF A CALlED 3 ACRE TRACT OF I.AIrI) KSC- ... IN
A DEED TO 1111 IOARD OF' ~ MISSIONS OF'THE WlHDtMI CIIUICH II AMIRICA OF RECORD II YOI.I.lNE
... PAGE III or THE DEED R!aJRD5 ,. DDn'ON COUNIY. TEXAS:
......:E HORIII 01"07"... usr .... SAIJ UST LINE. A DISTANCE OF ....H REI' m A s/8- IKJIrt ROD SEI'
FOR CORIO .. 1IIE saunt UIE Of' A CALlED 1U11 ACRE 'JRACI" OF LAND DEX&_u It A DEED 10 y~
DOTY OF RECOIl) It COUNTY CLEIIC n.E ..-Jt II-ROO!J174 Of' TIE lEAL PROPERlY RECOIIDS Of' DEII1"OH
COUIfl'Y. TEXAS" FIKIiI ~ A 1/2. lION ROD FOUND FOR ..,.~ BURS NOR1H 01-07.... EASI'. A
DISTANCE OF 1.11 FEEl;
1IIENCE SOU1H .13... EAST WI1IIlIE SOU1H LIE IHEIEOF AND CONT1IilU_ A DlSl'AIICE at 1S1L11 FEEl'
10 A 1/r 1_ ROD fOIM) FOR A HORIHEAST COIINEII OF SAID 14.22 ACRE TRACI OF LANDI
nma: WITH IAS1IRLY AtID NOIITHIRLY LINES OF SAID 14.22 ACR[ TRACI' 1HE FCJU.O'WING COURSES AND
DlSTANC!S:
SOUIH 01.'1.1'. WEST. A DISTANCE Of' 111.47 flIT TO A 1/2- IRON IIOD rouND FOR CORMEIb
SOU1H 23"11.17'" WEST. A DISTANCE OF ..... FEET 10 A 1/r IRON ROD FOUND FOR CORNER;
SOUIH _.1"54- EAST. A DlSl'ANCI OF 71.75 FEEl'TO A 1/2. lION ROD FDUtID FOR ca...
1IIENCE SOU1H .1"2.4- EAST CCIIfIINIJIIG WI1H A IKIITH LIE OF SAID 14.22 ACRE IRACT. A DlSl'AIICE OF
241.01 FEEl'IO lIE PUCE Of' BEGII..IO .. CONT.... 11.1. ~ OF LAND.
I. ...... It. H...... RIJlI NCI PI...fllllanal Land ........ of ..... SIDle of T-. do ......., ....." lid .. ...
....n ...... ... Jlf-.aNd from an CIGtuclI and CICJCItnh ...... made an .. ........ and thcIf h 0CIfMf'
rnonurnenta ehown ....... .... found or pICIoecI .... mp ....-rICII ..,.."...
R!U'......-n 11J~ Fu. RDI!W JIlIIIIIOS!S ONLY. 'INS
OOCUEa' sfiALI: NOr IE RmORDm FOR 1M'( PURPOSE.
....... It. ...... ............ ho,.......1 Land ~ NO. 1IS74
2
ATTACHMENT 9
Site Plan
10
AGENDA INFORMATION SHEET
AGENDA DATE:
December 6, 2005
DEPARTMENT:
Planning and Developmentliie artment
Howard Martin, 349-8232' .
ACM:
SUBJECT: DCA05-0009 (Tree canopy requirements in IC-E and IC-G districts)
Hold a public hearing and consider adopting an ordinance regarding amendments to Subchapter
13, Site Design Standards, of the Development Code related to tree canopy requirements in
Industrial Centers Employment (IC-E) and Industrial Centers General (IC-G) zoning districts.
BACKGROUND:
Applicant:
City of Denton, Denton TX
This issue arises as a result of two recently approved Alternative Landscape Plans for
warehouses. The Russell Newman site, approved in March 2004, is located in an Employment
Centers Industrial (EC-I) zoning district and the Anderson property, approved in May of 2005, is
within an Industrial Centers Employment (IC-E) zoning district. Industrial uses are allowed in
Employment Centers (EC-C and EC-I zoning districts) and Industrial Centers (IC-E and IC-G
zoning districts).
Employment Centers are intended to provide locations for a variety of workplaces, including
limited light manufacturing uses, research and development activities, corporate facilities, office,
and institutions. Employment centers are also intended to accommodate secondary uses that
compliment or support the primary workplace uses, such as hotels, restaurants, convenience
shopping, and childcare. Per the Denton Plan, adequate public facilities shall be a criterion by
which zoning is granted.
Based on the intent of Employment Centers, staff is recommending no change to the 30% tree
canopy requirement in the EC-C and EC-I zoning districts.
Industrial Centers are intended to provide locations for a variety of work processes and work
places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a
wide range of commercial and industrial operations. The industrial centers may also
accommodate complimentary and supporting uses such as convenience shopping and child care
centers.
Staff researched the industrial tree requirements for ten metroplex cities including Addison,
Arlington, Dallas, Frisco, Fort Worth, Grand Prairie, Grapevine, McKinney, Piano, and
Richardson. Denton's tree canopy requirements are based on the estimated mature canopy
coverage by species. It is therefore difficult to compare Denton's tree regulations to the other ten
cities since they measure by trunk size. Staff presented several options to reduce the current tree
canopy requirements in the IC-E and IC-G zoning districts.
1
The recommended amendment is the following:
Amend the IC-E and IC-G percent tree canopy cover in the Landscape and Tree Canopy
Requirements Table in Subchapter 13 from 20% to 15%.
The current street tree requirement of one tree for every 45 linear feet of street frontage and the
current 7% minimum parking lot landscape area will remain unchanged. Due to the site
constraints often associated with warehouses, an option for developers in lieu of planting the
required 15% tree canopy on site will be payment into the Tree Fund prior to building permit
Issuance.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
May 25, 2005
June 8, 2005
July 13, 2005
July 27, 2005
September 14, 2005
October 12, 2005
Planning and Zoning work session
Planning and Zoning work session
Planning and Zoning work session
Planning and Zoning work session
Planning and Zoning work session
Planning and Zoning public hearing
OPTIONS
1. Approve as submitted
2. Approve with conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDA TION
The Planning and Zoning Commission recommends approval, 6-0.
ATTACHMENTS
1. Planning and Zoning Commission Minutes
2. Ordinance
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
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3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDA TION
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rezone the tract from Planned Development-139 (PD-139) to Neighborhood Residential
Mixed Use (NRMU).
ESTIMA TED PROJECT SCHEDULE
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Preliminary Plat and a Final Plat prior to its developmeKc~-o>1&:<T$11-o+; *$im#OK* HYV\X P% Y@c S SOlc#bhWBYDY
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ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Site Photographs
5. Letter of Intent
6. Planning & Zoning Commission Minutes
7. Ordinance
Prepared by:
wJL f~-
Wade Harden
Planner II
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
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Comprehensive Plan Analysis
The subject site is located within the "Neighborhood Centers/New Neighborhoods"
future land use area. This classification promotes uses that provide support to the
surrounding neighborhoods; commonly service oriented uses as well as higher density
residential uses. Civic uses such as a Fire Station are specifically noted and encouraged
as an essential element of the neighborhood center (see pp. 37 of the Denton Plan).
Development Review Analysis
Transportation
All transportation improvements will be addressed with the submittal of a General
Development Plan and Preliminary Plat.
Utilities
All utility extensions will be addressed with the submittal of a General Development Plan
and Preliminary Plat. An existing 16" water main exists along Vintage. Sewer services
will be extended to provide service.
Development Review
PD-139 designates this land to be developed as single-family residential uses which does
not permit "Community Services" (the use category that includes a fire station).
STAFF FINDINGS
The surrounding uses are single-family residential and vacant/unimproved land, all zoned
Planned Development-139 (PD-139). The proposed zoning is compatible with the
surrounding land uses. Furthermore, the zoning request is compatible with the
comprehensive land use plan and the intended use is specifically encouraged within the
designated classification.
STAFF RECOMMENDATION
Based on the findings, staff recommends approval of the requested zoning change.
ATTACHMENT 2
Maps
ATTACHMENT 3
Public Notification Map
I Sl'l'EI
&1J:l FT BUFFER
I: F~.]
Public Notification Date: October 2nd. 2005
200' Legal Notices* sent via Certified Mail: Q.
Number of responses to 200' Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
1
ATTACHMENT 4
Site Photographs
View of subject property from the north.
View to the northwest of subject property.
ATTACHMENT 5
Letter of Intent
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ISBELL ENGINEERING GROUP, INC.
SmUCTURAI. . CfVIL . GEOTEcHNICAL' CONSTRUCTION MA TERJALS' SURVEY
"~bt~.
August 17, 2005
City of Denton
215 E McKinney ,
Denton, TX 76201
Re: Zoning Change Request
Denton Fire Station No. 15 -
Dear Staff,
We are requesting on behalf of the City of Denton a zoning change for 1.817 acres in
the James Harrts Survey, Abstract Number 555, mora particularly describ8d In the
aUached legal d~ription-and illustrated on the. attached Zoning Exhibit. The tract is
more generally located on the south side of Vintage Blvd, approximately 1700 feet west
of Bonnie Brae Rd. -
We are requesting a change from Planned Development #139 to Neighborhood
Residential Mixed Use (NRMU). _ The purpose for the zoning change is to allow a 65ft
structure height for a proposed fire station and public safety training facility.
The land use designation for the area that includes the 1.817 acre tract is Neighborhood
Center. Utilities are available to the site: there is an existing 16 inch water main along
the frontage anclsanitalY sewer is available Within 300 feet of the tract. A full
asseSsment Of the infr3structure will be perfonned on the project during the plafling
stage.
Please refer to the supplemental documents for further information on the subject tract.
Please feel free to contact our office wtth any questions or if we can provide additional
information. Thank you. .
Sincerely, .
~~
Scott L. Maynor, P.E.
::;-:'-0i~7~:;~'T:{T~~F7f;~~-1
:.. l"f l
.:. \ ~
AUG 1 8 2005
{ ,".1
SIll9l!l',1)(
91(H5B-7S[)J
1405W. 0laIlmIn Dr.' Stanger, T_ 76266.940-458-7503. Fax: 9'10-458-7"117
e-mB1: isbellijll!lbelenglneer1I'111.eom
R. Worth, 1)(
817.244.8006
lofl
Denison, 1X
!llJ:3 -4i';s.lI3:l3
ATTACHMENT 6
CondenseIt TM
Page 83
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Page 81
COMMISSIONER STRANGE: So we will reconvene ]
our session. Our legal staff has stepped out, but I 2
believe we bave the staff to make the presentation. So 3
we'll go on to Item D, which is the rezoning of 4
approximately 2.85 acres from a Planned Development Number 5
139 zoning district to a Neighborhood Residential Mixed 6
Use District for Fire Station No.7. Mr. Harden, 7
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MR. MAYNARD: Good evening, I'm Scott
Maynard with Isbell Engineering Group. Just -- we are the
applicant representing the City and I'd be happy to answer
any questions that you guys might have.
COMMISSIONER STRANGE: Any questions of Mr.
Maynard? Thank you very much, We havc no cards on this
item fOf anyone else who wishes to speak for or against,
so we will close the public hearing. Do we have a motion
on this item? Mr. Roy,
COMMISSIONER ROY: I move approval of Item
4D.
COMMISSIONER HOLT: second.
COMMISSIONER STRANGE: we have a motion by
Mr. Roy, a second by Mrs. Holt. Any discussion on this
item? Please, vote. The vote passes 6-0,
Page 84
PLANNING AND ZONING MINUTES OCTOBER 12,2005
Page 81 - Page 84
MR HARDEN: Thank you, Chainnan,
Corrunission. As you mentioned this item is a request by
Isbell Engineering for the rezoning of 2.85 acres. It's
currently zoned PO 139 also known as the Vintage to
Neighborhood Residential Mixed Use. This parcel is
located south of Vintage and approximately ],700 feet west
of Bonnie Brae.
Currently this site is unimproved. There's
no development existing on the site. Surrounding zoning
is PO 139, the Vintage. The area surrounding the site is
undeveloped with the exception to the north which is
existing phase I and u of the Vintage, which is the
single family subdivision.
The Denton Comprehensive Plan designates
this parcel as Neighborhood Center. This classification
for most uses that provide support to surrounding
neighborhoods corrunonly service-oriented uses as well as
higher density residential uses. Civic uses such as a
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Page 82
fire station are specifically noted and encouraged as an 1
essential element of the Neighborhood Center. This parcel 2
is currently owned by the City and has -- the City has 3
intentions to place or locate fire station number 7 on 4
this parcel. 5
Improvements, transportation utilities will 6
be addressed with the submittal of a general Development 7
Plan and preliminary plat This parcel is currently 8
unplatted. 9
In summary, the surrounding uses are single 10
family residential and vacant unimproved land. All zoning 11
is PD 139 and known as the Vintage. The proposed zoning 12
is compatible with surrounding land uses. Furthennore, ]3
the zoning request is compatible with the Comprehensive ] 4
Land Use Plan and the intended use is specifically 15
encouraged within the designated classification. 16
To date, staff has received no letters in 17
opposition, in favor or neutral to the request. And based 18
on the findings, staff recommends approval of the request. 19
I'd be happy to answer any questions that the Commission 20
might have. 21
COMMISSIONER STRANGE: Any questions of 22
staff? Okay. This is a public hearing. We will now open 23
the public hearing. Is there anyone here who wishes to 24
speak in favor of this item? 25
S :\Our Documents\Ordinances\05\Z05-0023.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM PLANNED DEVELOPMENT-139 (pD-139) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) FOR APPROXIMATELY 2.85 ACRES OF LAND GENERALLY LOCATED
APPROXIMATELY 1,700 FEET WEST OF BONNIE BRAE ON THE SOUTH SIDE OF
VlNTAGE BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM: AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE '.
DATE. (Z05-0023) , .
WHEREAS, Mr. Robert Stengele initiated a change in zoning for approximately 2.85 acres of
land more particularly described in Exhibit "A", attached hereto, and incorporated by reference (the
"Property"); and
WHEREAS, on October 12,2005, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Denton PIan and the
Development Code; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
found to be true, and are incorporated herein by reference.
SECTION 2. The zoning district classifications and uses designations of the Property is
hereby changed from Planned Development-139 (PD-139) zoning district classification and use
designation to Neighborhood Residential Mixed Use (NRMU) zoning districts and use designations.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
PAGE 2
,2005.
EXHIBIT "An
AELQ NOTES
BEING. A 2.B~5. ACRE TRACT OF' LANO SI1'UATEO IN tHE JA.l,IE$ HARRIS
SUJM:Y. ASSTRAc:r NUt.teEft 555 AND SElNG A POtmON or 'THAT CAU..EO
J97-2.u/10OO ACRE TRACT KNoWN AS PARCB. NO. 1 AS DESCRIBED IN
DEED 'TO DENTOH-CJW PARTNERS. LID RECORDED IN DOCUMENT NO.
H-RC03seo1 OF' THE omew.. PUBUC RECORDS OF OENTON COUNtV,
TEXAS:
COMMENCING at a i tneh iron rod round in the ocst line 01 said Parcel
. No.1. the south right of way Ine of Vintage Boulevard (120 foot R.O.W.)
GtI dacritMd In dud t.c the' City af OllfttCln and tKordad in Velum. 4774,
Pagll 011..~ 8 .of. saidOfflcial Public Recards:
THENCE N 89" 52. 00" Vi (Bal'. of aeorin;) alon9 the-- south lin. of aoid
IJlrttlSgl Boulevan:l Q d"1Stt:ll\C:' of 1689.9-1 feet. to IS }oS capped iron rod
set stamped lIb ell En9r.. fer the POINT OF BEGINNING:
THENCE aver and across said Par=! No. 1 the followlnC). seve,n' courses
. and distances:
S 00" os' 00. W. leG'ling aaid south line Qf VIntage Baulavqrd 0
dfanca of 55.50 feat. to a ~ Inch capped Iron. roQ aet ~mpcd
Isbell Engr.: .
S a9' 52' 00. E. a dhltllllca of 1.15.00 f.et. to a !& Inl:l\ ccPPlld inm.
rod let ttamped IsbllD Engr.. for the ma.t eo.tefty northeast C:Dmer
hereDi';
S 00" Q8' 00- W, a dlatanaa 331,00' faet. ~o II }4 inch' capplQ iron
rod sat stamped IIbeM Eilgr.. for the southeoat comer hereof;
N 89' 52' 00" W. a di_tonclIl of 358.00 feet. to a ~ inch copped 1/'1;111
nxI ..t atamplJd Isbell Engr., for tha ..,'fthwul corner hereof:
N 00' 08~ 00,. Eo 1I diiU2nclI of 331.00 feet, . to (I % inch capped
Iron red '.It stomped 1sb.1I Engr., for U1. mOlt ...t.ny norUlwafi
comar hereof;
S 89' 52' 00. Eo a distance of 13t.OO feet, to Q ~ tnch coppll4 Iron
",d set stamped Isbell Ehg", for'.an inhlriot cerner haraaf;
N Qa OS' 00. W, Q ,distance of 55.50 fHt. to Q )&. inch ccppad iron
red set. .temp_ fUel Engr., for the moat nGl'therty narthwest cotner
tl....of. alao lyin'iJ Tn the south !iil. of .old Vlnto9.e. Soulwcml. from.
\Which o. 16 Inch ltan rod fOt.lnd bsortl H SS.52'110. W c dlstanca of
S03.1f1 f.et:
niENCE S 8~ 52. 00. E. !lIlang the south 1.""'". 01 laid Vintcglll SOUlllllord 0;
dllJlanc:e of 110.00 f..to to the POINT OF BEGtNNJNG and QOntcinlng 2..845
ocr.. cd land more or Ie...
PAGE: 3
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
December 6, 2005
Economic Development
Mike Conduff, City Manager"-
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas,
replacing a policy for tax abatement for the City of Denton to establish guidelines and
criteria governing tax abatement agreements; and declaring an effective date. (Economic
Development Partnership Board recommends approval 4-0).
BACKGROUND
The City of Denton first adopted a tax abatement policy in 1989. In accordance with
Chapter 312 of the Texas Tax Code, we must have a policy in place in order to conduct
any tax abatement activities, such as creating reinvestment zones or entering into tax
abatement agreements. Tax abatement policies must be readopted or replaced every two
years.
Our current policy was adopted in 2003 and must be replaced by resolution. The
Economic Development Partnership Board reviewed the draft document and made
recommendations for additional changes, which have been included in the attached
policy. The proposed document has the following changes:
. We have deleted references to agreements with Denton County. When the
original document was created, the City, Denton Independent School District
(DISD) and County shared the same policy. In our last revision of the policy, we
removed language referring to the DISD as they could no longer participate in tax
abatements. For many years, the County has been providing their tax incentives
through Section 381 agreements rather than tax abatement agreements and so it
made sense that we also remove references to the County.
. The table on page 2 previously provided a base percentage of abatement from
15% to 25%. The original policy had a base percentage set at 25% and the City
has always used 25% as the base to consider. In a revision adopted several years
ago, we added the 15% to the range so that the DISD could offer a lower
percentage rate. The attached document takes us back to the original 25%.
. The proposed document reflects the creation of the Economic Development
Partnership Board (EDPB) and replaces references and functions of the Joint Tax
Abatement Committee with the Board's responsibilities.
. On page 3 of the document, you will find a list of factors that may be considered
for projects to receive increased percentages of abatement above and beyond the
base 25%. The EDP Board recommended the addition of the last bullet: "The
project is a medical manufacturing or research facility."
- 1 -
. The EDP Board also recommended we include a definition of a "business park."
You will find that definition at the top of page 4. Staff reviewed the language
with the Business Park Task Force Chair prior to inserting it into the policy.
. We removed the section that referred to the applicant's ability to transfer or assign
the tax abatement agreement. This is addressed in each agreement and may vary
depending up on the project. We felt it should remain in future agreements but
was not necessary as a policy statement.
. The language regarding the City's encouragement of the applicants to use local
and minority-owned businesses was updated to reflect "Historically Underutilized
Businesses" as the correct terminology.
. The map reflecting low/mod income Census tracts has been updated.
. Other minor changes in the document have been made to clean up the document.
They have no impact on the purpose of the policy or the process we follow.
ESTIMATED SCHEDULE OF PROJECT
If approved, the policy will be effective until December 2007. Should the Council wish
to amend the policy again prior to December 2007, the effective date would change to
reflect two years following the amended dated.
PRIOR ACTIONIREVIEW
The Economic Development Board reviewed the policy at their October 13, 2005
meeting and recommends approval.
FISCAL INFORMATION
N/A
EXHIBITS
Resolution
Tax Abatement Policy
Respectfully submitted:
Linda Ratliff, Director
Economic Development Department
- 2 -
S:\OUT Documents\Resolutions\05\Tax Abatement Policy.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS; AND DECLARING AN EFFECTNE DATE.
WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, known as
the Denton Policy for Tax Abatement (sometimes referred to as "Policy"), passing by Resolution
No. RlOOO-028; and
WHEREAS, on May 1, 2001, the City Council amended the Policy to allow waiver of the
five million dollar threshold and the maximum tax abatement percentage; to defme professional
positions; to make other changes as set forth in the amended Policy; and
WHEREAS, on August 19, 2003, the City Council amended the Policy to make
additional changes in the Policy and under the provisions of the Tax Code the Policy expired on
August 19,2005; and
WHEREAS, the City Council desires to promote economic development within Denton;
and
WHEREAS, providing tax abatement and other economic development incentives within
the City and its extraterritorial jurisdiction will likely contribute to the economic development of
Denton by encouraging major investment, the creation of jobs, and other economic development
benefits; and
WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex.
Tax Code, allows the city to establish its own criteria for tax abatement and the City has
previously adopted guidelines for tax abatement by passing resolutions Nos. R90-018, R98-004,
RlOOO-028, RlOOI-020 and Rl003-021; and
WHEREAS, the City Council deems it in the public interest to continue to be eligible for
participation in tax abatement and to adopt policies, guidelines and criteria governing tax
abatement agreements to be known as the Denton Policy for Tax Abatement; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The polices, guidelines and criteria found in the Denton Policy for Tax
Abatement, attached hereto as Exhibit A and made a part of this Resolution and incorporated
herein for all purposes, are in all things approved and adopted. From and after the effective date
of this Resolution, the attached Denton Policy for Tax Abatement shall constitute policy
S:\OUT Documents\Resolutions\05\Tax Abatement Policy.doc
guidelines and criteria governing tax abatement agreements for the City of Denton in accordance
with Chapter 312 of the Tex. Tax Code.
SECTION 2. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria
adopted herein shall be effective for two (2) years, during which time the guidelines may be
amended or repealed by a vote of % of the members of the Council.
SECTION3. The City Council hereby reasserts its decision to become eligible to
participate in tax abatement. The City Council provides certain tax incentives applicable to
business enterprises in various reinvestment zones which are established in the City, in
accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in
accordance with the guidelines and criteria established in the attached Exhibit A and in the
amended Policy.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval at the regular meeting of the City Council of the City of Denton, Texas, on the -
day of , 2005, at which meeting a quorum was present and which meeting was held
in accordance with the provisions of Tex. Gov.'t Code ~551.00l, et seq.
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:
Page 2 of2
S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc
EXHIBIT A
DENTON POLICY FOR
TAX ABATEMENT
I. GENERAL PURPOSE AND OBJECTIVES
The City of Denton (City) is committed to the promotion of high quality development in all parts
of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these
objectives are generally served by the enhancement and expansion of the local economy, the City
will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for
economic development in Denton. It is the policy of the City that said consideration will be
provided in accordance with the procedures and criteria outlined in this document. Nothing
herein shall imply or suggest that the City is under any obligation to provide tax abatement to any
applicant.
All applicants shall be considered on a case-by-case basis. Abatements will be considered only as
inducements to generate development that otherwise would not occur. Abatements will not be
considered if construction of a project already has begun.
Tax abatements, as described in this Policy, will be available for new and/or existing facilities and
structures and for businesses wanting to locate, expand or modernize, existing or new facilities and
structures, including, without limitation, basic industries, corporate office headquarters or
distribution centers, except as this Policy may be limited for property described in Section
312.211(a) of the Texas Property Tax Code (Vemons Texas Civil Statutes Annotated, hereinafter
referred to as "Tax Code.")
D. ECONOMIC DEVELOPMENT PARTNERSIllP BOARD
Requests for tax abatement shall be reviewed by the Economic Development Partnership Board
("Board"), the Board being comprised of two City Council members, two Chamber of Commerce
Board members, two representatives from the top twenty taxpayers, and one representative from the
University of North Texas.
The Board serves as a recommending body to the City Council regarding whether economic
development incentives should be offered in each individual case. Its recommendation shall be
based upon an evaluation of information submitted in the tax abatement application and any
additional information requested by the Board or presented to the Board. The Tax Abatement
Application shall be substantially in the form of Exhibit A of this Policy. All meetings of the Board
shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas
Government Code.
IlL VALUE OF INCENTIVES
The criteria outlined in the Application will be used by the Board in determining whether or not it is
in the best interests of the City to recommend that tax abatement be offered to a particular project.
S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc
Specific considerations will include the degree to which the individual project furthers the goals
and objectives of the community as described in the Denton Comprehensive Plan, as well as the
relative impact on growth, employment, expansion of the tax base, and economic development.
New, expanding and modernizing businesses may be considered for abatement if the minimum
threshold, as described in Table 1 below, is met.
Once a determination has been made that tax abatement should be offered, the value and term of the
abatement may be determined by referencing the following table:
TABLE 1: Establishes a framework for considering the length and percentage of abatement
according to assessed real property value of improvements and of tangible personal property located
on the real property.
VALUE OF STRUCTURE
AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF
IN MILLION DOLLARS ABATEMENT ABATErvIENT
100 10 25%
80 9 25%
65 8 25%
50 7 25%
35 6 25%
20 5 25%
15 4 25%
10 3 25%
5 2 25%
To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from
the execution of the agreement or as specified in the tax abatement agreement.
If upon initial application a project qualifies for tax abatement under the guidelines set forth in this
Policy, the City may consider granting an additional 5% abatement for each one of the following
factors provided, however, that the total tax abatement does not exceed 50% annually or continue
for a period of more than ten years. No applicant may receive credit for more than ii.Ye. of the
following factors:
· The project will occupy a building that has been vacant for at least two years;
· The project will create high-skilled, high-paying jobs as documented by the applicant; (A
breakdown of number of jobs per job classification and entry level wage per classification
will be used to determine eligibility);
· The project will involve a significant relationship with one of the two universities in
Page 2 of 17
S:\Our Documents\MiscelIaneous\05\Tax Abatement Policy Draft-4 Revised.doc
.
Denton;
At least 25% of the new jobs created by the project will be filled by Denton residents;
The project will provide knowledge-based jobs (at least 25 percent of jobs require college
bachelors degree at entry level);
The project will donate significant public art to the community. (To qualify, donation must
be approved by Greater Denton Arts Council and City Council);
The project will donate significant materials/equipment to the public schools (to qualify,
donation must be approved by DISD and City Council);
The project will create improvements to the Denton Central Business District;
The project will result in the formation of a business park;
The project is an international or national headquarters facility.
The project is a medical manufacturing or research facility.
.
.
.
.
.
.
.
The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to
final approval of the City Council. Even though a project may meet the criteria as set forth in
this Policy, an application may be denied at the discretion of the City. Tax abatement shall not
apply to any portion of the land value of the project. The thresholds as described in Table I are
considered guidelines for establishing the Tax Abatement Agreement terms. However, the City may
determine that a lower or higher percentage and/or a shorter or longer term of abatement may be
more appropriate for an individual project. If abatement is approved, the City may consider
applying all or a portion of the abatement in the first year or during any shorter period within the
term of the tax abatement agreement. For example, an approved abatement of 25 percent for four
years may be applied as 100 percent abatement for one year.
When the City of Denton determines that incentives are required to retain existing businesses,
which propose to improve or redevelop property within the City limits, the Denton City Council
may consider these "special projects" on a case-by-case basis and reserve the right to waive the
minimum threshold and/or exceed fifty percent (50%) in tax abatement. The City of Denton may
also take into consideration as "special projects" the expansion/redevelopment of existing
businesses that create new or additional professional jobs. Abatement hereunder will only apply to
the increased valuation of the improvements over the appraised value of the property prior to such
improvements as same is established by the Denton Central Appraisal District the year in which the
tax abatement agreement is executed. The City may also consider other tax incentives authorized
by law.
Professional jobs are defined as "occupations which require specialized and theoretical knowledge
which is usually acquired through college training or through work experience and other training
which provides comparable knowledge; a calling requiring specialized knowledge and often long
and intensive academic preparation; requires some research, analysis, report writing and
presentations. Special licensing, certification, or registration may be required to perform the job
task; the work of professional positions is creative, analytical, evaluative, or interpretive, and is
characterized by personal responsibility to keep abreast of and exercise judgment and broad
perspective in the application of an organized body of knowledge that is constantly studied to
make new discoveries and interpretations or to improve the data, materials and methods; may
involve some supervision and budgeting/planning."
Page 3 of 17
S:\Our Documents\MiscelIaneous\05\Tax Abatement Policy Draft-4 Revised.doc
A business park is defIned as a multi-building, multi-tenant, master planned complex of
approximately one million square feet or more of tmder roof, constructed to house manufacturing,
distribution, assembly, and office facilities.
When the City determines that abandoned property may require additional incentives to promote
economic development that generally satisfies the requirements of this Policy, the City may waive
the minllnum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax
incentives for special projects to redevelop abandoned buildings consistent with existing law. For
the purpose of this Policy, an abandoned building is defmed as a building that has been identified as
being suitable for commercial or industrial development, has been vacant for a minimum of five
years or has substantially declined in appraised value. Abatement would only be considered on the
increased valuation of the improvements in each year covered by the tax abatement agreement over
the value of the property for the year in which the tax abatement agreement is executed. The City
may also consider other tax incentives authorized by law.
PreliminaQ' Applieation
IV. PROCEDURAL GUIDELINES
Any person, organization or corporation desiring that the City consider providing tax abatement to
encourage location or expansion of facilities within the limits of the jurisdictions shall be required
to comply with the following procedural guidelines. Nothing within these guidelines shall imply
or suggest that the City is under any obligation to provide tax abatement to any applicant.
A. Applicant shall complete the attached t'Application for Tax Abatement."
B. Applicant shall prepare a map or other documents providing the following:
· precise location of the property and all roadways within 500 feet of the site
· existing uses and conditions of real property
· proposed improvements and uses
· any proposed changes in zoning
· compatibility with the Denton Comprehensive Plan and applicable building codes
and City ordinances.
C. A complete legal description shall be provided. Applicant shall complete all forms and
information detailed in the Application and submit all information to the City Manager,
City of Denton, 215 E. McKinney, Denton, TX 76201.
D. All information in the application package detailed above will be reviewed for
completeness and accuracy. Additional information may be requested as needed.
E. The application will be distributed to the appropriate City departments for internal
review and comments. Additional information may be requested as needed.
Page 4 of 17
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F. Copies of the complete application package and staff comments will be provided to the
Board.
G. Fiscal agents of the City will review the application for comments and recommendation.
Additional information may be requested as needed.
Conillideration of the Appliestion
H. The Board will consider the application at a regular or called meeting(s). Additional
information may be requested as needed.
I. The recommendation of the Board will be forwarded, with all relevant materials, to the
City Council.
J. If the City Council decides to grant a tax abatement, it shall call a public hearing to
consider establishment of a tax reinvestment zone in accordance with Section 312.201
of the Tax Code. The reinvestment zone must meet one or more of the criteria of
Section 312.202 of the Tax Code.
K. The City Council shall hold a public hearing and determine whether the project is
"feasible and practical and would be of benefit to the land to be included within the zone
and City after the expiration of the tax abatement agreement in accordance with Section
312.201." Special consideration shall be given to policies noted in the Denton
Comprehensive Plan when designating a tax reinvestment zone.
L. The City Council may consider adoption of an ordinance designating the area described
in the legal description of the proposed project as a commercial/industrial tax abatement
zone.
M. The City Council may consider adoption of an ordinance or resolution approving the
terms and conditions of a contract between the City and the applicant governing the
provision of the tax abatement and the commitments of the applicant, including all the
terms required by Section 312.205 of the Tax Code and such other terms and conditions
as the City Council may require. Should the commitments subsequently not be
satisfied, the tax abatement shall be null and void (unless the tax abatement agreement
provides for a recapture of the property tax revenue lost proportionate to a partial failure
to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be
paid immediately to the City of Denton and all other taxing jurisdictions participating in
the tax abatement agreement. Provisions to this effect shall be incorporated into the
agreement.
N. The City reserves the authority to enter into tax abatement agreements at differing
percentages and/or terms as set forth in the guidelines of this Policy, consistent with the
requirements of the Tax Code.
Page 5 of 17
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Any tax abatement agreement will address various Issues, including but not limited to, the
following:
1. General description of the project;
2. Amount of the tax abatement and percent of value to be abated each year;
3. Method of calculating the value of the abatement;
4. Duration of the abatement, including commencement date and tennination date;
5. Legal description of the property;
6. Kind, number, location and timetable of planned improvements;
7. Specific terms and conditions to be met by applicant;
8. The proposed use of the facility and nature of construction;
9. Contractual obligations in the event of default, violation of terms or conditions,
delinquent taxes, recapture, administration and assignment.
Annual Evaluation
Upon completion of construction, the City Council shall receive from the City Manager an annual
evaluation of each abatement to insure compliance with the agreement and to report possible
violations of the agreement to the taxing entities. After new tax base numbers are received in July
of each year, the City Manager and his staff will have ninety (90) days to review and prepare a
breakdown of those figures.
Loeal HU!line"!iIes and Hi!iltorieally lTnderutili7M BU!ilines!iles
Businesses receiving a tax abatement are asked to use diligent efforts to purchase all goods and
services from Denton businesses whenever such goods and services are comparable in
availability, quality and price.
The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors
and suppliers who are historically underutilized businesses based on information provided by the
General Services Commission pursuant to Chapter 2161 of the Government Code. In the
selection of subcontractors, suppliers or other persons or organizations proposed for work on this
Agreement, the OWNERS agree to consider this Policy and to use their reasonable and best
efforts to select and employ such companies and persons for work on this Agreement.
.lob Recruiting from '.ow-Moderate Tneome Censu!iI Traebl
Businesses receiving tax abatements are asked to endeavor to make available, or endeavor to
cause lessees or assignees to make available, full-time or part-time employment with on-the-job
training for Denton citizens. In this effort, the business, lessee or assignee is encouraged to
recruit from the low-moderate income Census tracts as further defined in the Concentration of
LowlMod Income by Block Groups shown below.
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DENTON, TEXAS
Concentration oflow-moderate income households
Highlighted block groups have at least 51 % low/moderate income
..
Q
m
ill
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DENTON, TEXAS
Concentration of Low/Moderate Income households by Block Groups
Concentration of LowlMod
Income by Block Groups
0-50%
51% - 60%
61% - 70%
71% - 80%
81% - 90%
91% - 100%
Source: 2000 U.S. Census
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EXlDBIT A
The City of Denton
Tax Abatement Application
About the Application...
The Tax Abatement Application provides the City with specific information on the project. The
infonnation requested in the Application is designed to address the criteria developed within the City of
Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall
project evaluation. This evaluation is provided to Council Members and serves as a source document
during City Council deliberations.
The Application And The Agreement...
Specific information from the Application (such as value of new investment and employment
commitments) is incorporated into the Abatement Agreement. In fact, the Application is an attachment to
the Agreement. Since the agreement is a binding contract, it is important that each question on the
application be answered in full and as realistically as possible. Simply put, the application is part of the
process from start to finish so you' n want to make sure you're comfortable with the contents.
When Is The Application Fmal?
The answer to this question is very simple: When you tell US, "It's final." It is not uncommon for a
property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes
only. As conversations continue, the property owner will submit a finalized version of the Application
that includes all of the commitments agreed to during the discussions.
What About ConfidentiJllity?
Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of
this application that describes the specific processes or business activities to be conducted or the
equipment or other property to be located on the property. This information is not subject to public
disclosure until the tax. abatement agreement is executed. Section 522.131 of the Texas Government Code
(Texas Public Information Act) makes confidential information which relates to economic development
negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in
or near the territory of the City. The information must relate to a trade secret of the business prospect,
commercial or financial information which the business prospect can demonstrate based on specific factual
evidence that disclosure would cause substantial competitive harm to the person from whom the
information was obtained or information about a financial or other incentive being offered to the business
prospect by the City or by another person. Information about a financial or other incentive being offered
to the business prospect is required to be disclosed when an agreement is made with a business prospect.
The City is subject to disclosing most records and documents upon request under the Public Information
Act. Accordingly, please clearly indicate and mark any information you consider proprietary. This
would include anything in your application which you consider a trade secret, commercial or
financial information which you can demonstrate by specific factual evidence that would cause
substantial competitive harm if disclosed., information which describes the specific processes or
business activities to be conducted. or the equipment or other property for which the tax abatement
is sought, any financial or other incentive you may be seeking from the City or any other
infonnation you deem to be confidential under the law.
Who is Authorized To Sign the Application?
Because the Application itself is non-binding, the person signing need not be the property owner or even
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an individual duly authorized to sign on behalf of the property owner. However, if an Agreement is
reached, the Application will be an attachment to the Agreement and its contents will be binding through
the authorized signature required on the Agreement.
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City of Denton
Tax Abatement Application
City of Denton
Department of Economic Development
Denton, Texas 76201
(940) 349-8305
(940) 349-8518 FAX
www.cityofdenton.com
Linda.Ratliff@cityofdenton.com
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APPLICATION FOR TAX ABATEMENT
CITY OF DENTON, TEXAS
1. Property Owner
Company or Project Name
Mailing Address
Telephone
Website
I Fax No.
Contact Name
Title
Mailing Address
Telephone
Email Address
I Fax No.
2. Provide a chronology of plant openings, closing and relocations over the past 15 years.
3. Provide a record of mergers and financial restructuring during the past 15 years.
4. Will the occupants of the project be owner or lessee? Iflessee, are occupancy commitments already existing?
5. Is the project a relocation of existing facility or a new facility to expand operations? Ifrelocation, give
current location.
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6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the
existing facility will be subtracted from the value of the new facility to arrive at total project value.
7. Property Description.
- Attach a copy of the legal description detailing property's metes and bounds.
- Attach map of project including all roadways, land use and zoning within 500 feet of site.
8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal
District (include both real and personal property).
9. Increased ValuelEstimated Total Cost of Project.
Structures $ Site Development $
Personal Property $ Other Improvements $
10. Indicate amount of tax abatement and number of years requested for each taxing entity.
City of Denton % years
Denton County % years
List any other financial incentives this project will request/receive
Estimated Freeport Exemption $
Estimated Electric Utility Industrial Development Rider $
Estimated Water/Wastewater Infrastructure Assistance $
11. Give a brief description of the activities to be performed at this location, including a description of products
to be produced and/or services to be provided.
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12. Project Construction Phase
A. Estimate percentage ofproject development and construction dollars to be spent with Denton based
contractors or sub-contractors.
Construction costs $ Percentage local contractors %
B. Construction Employment Estimates:
Start Date (MoNr)
No. of Construction Jobs
C. Describe any off-site infrastructure requirements:
. Water
Completion Date (MoNr)
Estimated Total Construction Payroll $
. Wastewater
. Streets
. Drainage
. Other
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13. Project Operation Phase. Provide employment information for the number of years tax abatement is
requested.
At Project
Existing Start Date At Term of
Employment Information Operation (molyr) Abatement
(if applicable) -f-
A. Total number of permanent, full-time jobs
B. Employees transferred from outside Denton
C. Net pennanent full-time jobs (A. minus B.)
E. Total annual payroll for all permanent, full-time
jobs (A.)
F. Types of jobs created. List the job titles and number of positions in each category that will be employed
at the facility. Provide average wage for each category.
G. Estimate annual utility usage for project:
Electric $
Wastewater $
IW&~
Gas
$
$
14, Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or
project elements identified in Tax Abatement Policy, Section III).
15. Is property zoned appropriately?
Current zoning.
Zoning required for proposed project.
Anticipated variances.
Yes
No
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16. Is property platted? Yes No
Will replatting be necessary Yes No
17. Discuss any environmental impacts created by the project.
A. List any permits for which applicant must apply. Applicant will be required to provide City with copies
of all applications for environmental permits upon completion ofapplication(s).
B. Provide record of compliance to all environmental regulations for the past five years.
18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available
from the requesting company.
19. Provide description of any historically significant area included within the project's area as determined by the
Historic preservation Officer. If any, give detail of how the historically significant area will be preserved.
20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this
request. Include the amount of the abatement requested and show how it will contribute to the financial
viability of the project. Submit attachments if necessary,
21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax
Abatement Policy.
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22. Financial Information: Attach a copy of the latest audited fmancial statement or, in the case of a new project,
a business plan.
This tax abatement application is submitted with the acknowledgement that additional certified financial information
may be required.
Authorized Signature
Date:
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AGENDA INFORMATION SHEET
AGENDA DATE:
December 6, 2005
DEPARTMENT:
Human Resources~
CM/DCM/ ACM:
Carla Romine, Director of Human Resources
SUBJECT: Consider an ordinance providing for the appointment of an Interim City Manager.
BACKGROUND: City Manager Michael A. Conduff has announced his retirement effective
December 31, 2005. The City Council Appointees Performance Review Committee (the
"Committee") has met to discuss the appointment of an Interim City Manager to take effect
January 1, 2006. The Committee recommends the appointment of Howard Martin, Assistant
City Manager. The Committee also recommends a five per cent pay increase for Mr. Martin
during his service as Interim City Manager.
OPTIONS:
The City Council may approve the ordinance as proposed, decline to approve the ordinance, or
approve the appointment of another person as Interim City Manager.
RECOMMENDATION: The Committee recommends the approval of the ordinance as
proposed.
FISCAL INFORMATION: Funds are budgeted to cover the proposed pay increase.
Re~ ectfully submitted,
~
Carla Romine
F:luserslJKW AL TERIAgendaslDecember 2005 AgendaslDecember 6, 20051BackuplInterim City Manager-pl120605 AIS Interim City
Manager.doc
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF AN INTERIM CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Michael A Conduff, City Manager, has announced his intention to retire as
of December 31, 2005; and
WHEREAS, the City Council Appointees Performance Review Committee has
recommended that Howard Martin, Assistant City Manager ("Martin") be appointed Interim City
Manager to take effect on January 1, 2006; and
WHEREAS, the City Council finds that this ordinance is in the public interest; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this ordinance are
incorporated into the body of this ordinance.
SECTION 2. Martin is hereby appointed Interim City Manager of the City of Denton
effective January 1,2006 and he will serve at the pleasure of the City Council until a permanent
City Manager is appointed. During his service as Interim City Manager, Martin shall receive a
five per cent pay increase effective January 1, 2006.
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 L
EDWIN M. S
BY: