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The Council considered adoption of an ordinance of the City of Denton, Texas, denying the petition of mc Partners Denton, LLC dated October 4,2005 for inclusion in a three- year annexation plan related to Annexation Case No. A05-0002; and providing an effective date. Kelly Carpenter, Director of Planning and Development Services, stated that staff recommended denial of the petition for inclusion in the 3-year annexation plan related to annexation case No. A05-0002. Reasons for the denial included (1) the annexation area consisted primarily of vacant or sparsely settle land, (2) contained not more than 61 parcels that were occupied by one or more dwelling units, (3) the City had not annexed any land since December 31, 2002, except by consent of the property owners, and (4) the City did not propose to separately involuntarily annex two or more areas containing 100 or more separate tracts of land on which one or more residential dwellings were located on each tract. Matthew Miller, Hughes and Luce, spoke on the proposed ordinance. He suggested Council consider tabling consideration of the ordinance due to inefficiencies in ordinance. The service plan was not sufficient for several reasons. (1) The Police Chief had recommended 5 new officers and 5 new cars in the proposed annexed area. The annexation plan provided for no additional police personnel. (2) The library services recommended an additional $150,000 to fund library services to people who would be annexed which was not recommended in the annexation plan. (3) The annexation plan stated that the owner would have to pay for capital improvements in the area that was in conflict with the Local Government Code. The Plan also stated that there were good and sufficient reasons for annexation. He requested that those reasons be listed. He also took exception to the indication that the area was primarily unoccupied vacant ranch land as the land was scheduled for a mixed-use land development. Hughes and Luce was open to a negotiated settlement with the City, the affected landowners and their clients related to the annexation that would give the City its desired control of the land development, that would satisfy the current land owners, and would give the developer the development they would like to pursue. The following ordinance was considered: NO. 2005-323 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE PETITION OF mc PARTNERS DENTON, LLC DATED OCTOBER 4,2005 FOR INCLUSION IN A THREE-YEAR ANNEXATION PLAN RELATED TO ANNEXATION CASE NO. A05-0002; AND PROVIDING 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. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. City of Denton City Council Minutes October 18, 2005 Page 10 Mr. Hudspeth was not at the meeting. B. Dr. John Paul Eddy regarding a no smoking ordinance for restaurants and bars in Denton. Dr. Eddy stated that he would like to see the City support a no-smoking ordinance for public places. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Heggins requested a discussion as soon as possible to change the name of Morris Street to Martin Luther King, Jr. Street. 2. Mayor Brock asked again about a field trip to Farmers Branch looking that their revi talizati on proj ects. F. Items from the City Manager 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. The following official action was taken on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. McNeill motioned, Mulroy seconded that the City Council ratify and approve the notices previously sent by the Council Appointee Performance Review Committee to the City Manager and Municipal Court Judge that their existing contracts would not be automatically renewed and that new contracts would be negotiated. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITYOF DENTON CITY COUNCIL MINUTES October 26, 2005 After determining that a quorum is present, the City Council convened in a Work Session on Wednesday, October 26,2006, at 11 :00 a.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy and Thomson ABSENT: None 1. The Council received a report from Barbara McCall, McCall Associates, Inc. regarding the City of Denton's 2006 Congressional Priorities, 2007 Congressional Priorities, and Federal appropriations for transportation, airport, library, park, telecommunication, public safety and development issues, held a discussion and gave staff direction. Barbara McCall, of Barbara T. McCall Associates, Inc., provided Council with an overview of the current Congressional budget status and provided a report on the progress Congress had made in regard to budget appropriations. McCall stated that the Congress had completed three appropriation bills and was looking at disaster relief costs in excess of $125 billion making funding for special projects difficult because of the enormous price tag for hurricane disaster relief. She stated that completion of the budget process would take until December McCall stated that the cuts previously proposed for CDBG had been protected for FY 2006. She also stated that with the passage of the transportation funding bill, SAFETEA- LU, that the State of Texas would receive a 37% increase in funding. McCall stated that Denton's work with the North Texas Council of Governments regarding transportation proj ects for Denton was the most appropriate way to proceed. With regards to the proposed public safety training facility, McCall reported that Congress seldom earmarks funds for construction of buildings. She stated that funding sources for equipment and/or training could be identified and should be pursued. McCall encouraged the establishment of regional partners for the project to make the project more appealing to Congressional representatives. Immediately following completion of the Work Session in the Work Session Room, the Council attended a luncheon meeting with Barbara McCall at Hannah's, 209 West Hickory Street, and continued discussion of the above items and downtown development. McCall received an overview of the current status of downtown development and an update on the new Downtown Master Plan. The future location of a multi-modal transportation facility was discussed as an important component of the plan. City of Denton City Council Minutes October 26, 2005 Page 2 With no further business, the meeting was adjourned at 1: 15 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 1, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 1, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem 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 vendor selection process for the veterinarian services contract for the Animal Shelter. Lt. Scott Fletcher, Denton Police Department, stated Council had held a work session in February dealing with potential changes to the animal shelter. One of those changes dealt with one-stop adoption with veterinarian services providing for neutering of the adopted animals. He detailed the selection committee, the criteria for the request for proposal, and the selection process for the recommended agency. The recommendation of the committee was to use Southridge Animal Hospital for the proposed services. Consensus of the Council was to proceed with the recommendation. 2. The Council received a report, held a discussion, and gave staff direction regarding Emergency Medical Services (EMS) Billing and outsourcing opportunities. Jon Fortune, Assistant City Manager, stated that Council had a briefing in August regarding these proposals. Outsourcing methods were explored at that time. Staff was requesting approval by the Council to proceed with the request for proposal to begin the outsourcing process. Consensus of Council was to proceed with the staff recommendation. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for November 1, 2005. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items listed below. 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section551.071. 1. Received, discussed, and gave staff direction regarding a brief from the City's attorneys relating to new legislation (HB 304 and HB 2892), 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 Fire Fighters Association. City of Denton City Council Minutes November 1, 2005 Page 2 B. Personnel Matters - Under Texas Government Code 9551.074. 1. Deliberated the evaluation, and duties, including contractual terms and duties, for the City Manager, City Attorney, and Municipal Court Judge. Regular Meeting of the City of Denton City Council on Tuesday, November 1,2005 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. PROCLAMATIONS/PRESENTATIONS A. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council and audience. 3. CONSENT AGENDA Mulroy motioned, Thomson 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. R2005-043 - A resolution by the City Council of the City of Denton, Texas appointing the Community Development Administrator as the City's representative to the Denton County Homeless Coalition and further authorizing the City's participation in the development of a 10-year plan to end chronic homelessness; and providing for an effective date. B. 2005-324 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill (MSW Permit No. 1590A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date. The Public Utilities Board recommended approval (7-0). C. R2005-044 - A resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith; providing an open meetings clause; and providing an effective date. City of Denton City Council Minutes November 1, 2005 Page 3 D. 2005-325 - An ordinance for a water line oversize partIcIpation agreement between the City of Denton and Granite Properties Granite Point Phase I development for an amount not to exceed approximately $42,996.18. The Public Utilities Board recommended approval (7-0). E. 2005-326 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of asphalt and concrete street sections and repairs for various city departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3345 - Annual Contract for Asphalt and Concrete Street Sections and Repairs awarded to the lowest responsible bidder for each item, Jagoe-Public Company in the annual estimated amount of $2,000,000). F. 2005-327 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, lime and aggregate for various city departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3397 - Annual Contract for Purchase of Soil, Sand, Lime and Aggregate awarded to the lowest responsible bidder for each item, in the annual estimated amount of $2,000,000). G. 2005-328 - An ordinance approving the expenditure of funds for the purchase of the renewal of annual support maintenance for Denton Municipal Electric's Supervisory Control and Data Acquisition System (SCADA) available from only one source in accordance with the provision for state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3415 - Renewal of SCADA Maintenance Agreement awarded to Advanced Control Systems in the amount of $33,276). The Public Utilities Board recommended approval (7-0). H. 2005-329 - An ordinance leasing parking spaces located on the Williams Trade Square to the Denton County Transportation Authority; and providing for an effective date. The DCTA recommended approval (9-0). I. R2005-045 - A resolution of the City Council of the City of Denton, Texas promoting and supporting public multi modal transportation; and providing for an effective date. The Mobility Committee recommended approval (4-0). 1. 2005-330 - An ordinance approving a Professional Services Agreement for Architect or Engineer with the firm of Freese and Nichols, Inc. to provide engineering services associated with the North-South Water Mains Routing Analysis Project; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (7-0). K. Approved tax refunds for the following property taxes: Name Reason Tax Year Amount 2004 $766.35 City of Denton City Council Minutes November 1, 2005 Page 4 L. Approved the minutes of: August 8, 2005 August 9, 2005 August 16,2005 August 17 & 18, 2005 August 30, 2005 M. 2005-331 - An ordinance authorizing the City Manager to execute a contract for professional legal services with Denton, Navarro, Rocha & Bernal for legal services related to meet and confer bargaining issues, pursuant to HB304 and HB 2892; authorizing the expenditure of funds therefor; and establishing an effective date. N. 2005-332 - An ordinance providing for the expenditure of funds for the further purchase of PVC Conduit for Denton Municipal Electric from Techline, Inc. the vendor in Bid No. 3179; in accordance with provisions of state law exempting such purchases from the requirements of competitive bidding; providing for retroactive approval; and providing an effective date. (Bid No. 3179 additional authority in the amount of net $200,000 above bid price) 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of the use of a portion of the Pebble Brook Open Space Park for the purpose of electric utility easements in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an electric utility easement; and providing an effective date. (Parks, Recreation and Beautification Board recommended approval (6-0). Bob Tickner, Superintendent of Parks and Recreation, stated that the proposal was to use a portion of the Pebble Brook Open Space Park for two electric utility easements. The Texas Parks and Wildlife Code required a public hearing to ensure that the use was appropriate. 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. 2005-333 AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF PEBBLE BROOK OPEN SP ACE PARK FOR THE PURPOSE OF ELECTRIC UTILITY EASEMENTS IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS P ARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 1, 2005 Page 5 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 held a public hearing and considered adoption of an ordinance granting approval of a license agreement for the subsurface use of a portion of the Denton Branch Rail Trail at Mile Post 724.8 for the purpose of a natural gas pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license; and providing an effective date. (Parks, Recreation and Beautification Board recommended approval (4-0). Bob Tickner, Superintendent of Parks and Recreation, presented the details of the proposal. The public hearing was a necessary requirement of the Texas Parks and Wildlife Code. The proposal was for a natural gas pipeline, which would be a subsurface use of the Trail. 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. 2005-334 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUB SURF ACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT MILEPOST 724.8 FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE. Kamp 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. The Council held a public hearing and considered the adoption of an ordinance for an Alternative Development Plan for a proposed church on approximately 6.674 acres. The subject property was generally located on the south side ofWillowood Street, approximately 197 feet west of McCormick. The property was located in a Neighborhood Residential (NR-4) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommended approval (6-0). (ADP05-0006) Kelly Carpenter, Director of Planning and Development Services, stated that the proposal was asking for an Alternative Development Plan to provide alternatives to the site design standards concerning tree canopy coverage. The current requirements required a 50% tree canopy City of Denton City Council Minutes November 1, 2005 Page 6 coverage. The applicant was proposing to provide approximately 32% combined tree canopy with existing trees and new trees. The applicant was also requesting relief from mitigating the removal of 5 quality trees. The main issue was number of trees saved versus tree canopy percentage. The Mayor opened the public hearing. Mark Ramsay, 825 Sandpiper, Denton, 76205, submitted a comment card indicating support for the proposal and was available for questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-335 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 6.674 ACRES OF LAND GENERALL Y LOCATED ON THE SOUTH SIDE OF WILLOWOOD STREET, APPROXIMATELY 197 FEET WEST OF MCCORMICK, WITHIN A NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT (NR-4), IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND LEGALLY DESCRIBED AS SET FORTH IN EXHIBIT B, ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-0006). Mulroy motioned, Thomson seconded to adopt the ordinance as presented. 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 rezoning approximately 0.17 acres ofland, the northern portion of lot 16R, Block 1 of College View Addition from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district. The property was generally located at the northeast corner of McKinney Street and Wood Street intersection. The Planning and Zoning Commission recommended approval (6-0). Kelly Carpenter, Director of Planning and Development, stated that the applicant was requesting rezoning on McKinney and Wood Street. The southern portion of property was zoned NRMU while the northern portion was NR-4. The applicant was requesting to rezone the northern portion in order to develop a laundry facility. NR-4 zoning only allowed single-family uses. Staff and the Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. The following individual spoke during the public hearing: City of Denton City Council Minutes November 1, 2005 Page 7 Larry Reichhart, representing the developer, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-336 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.17 ACRES OF LAND, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND WOOD STREET INTERSECTION, AND LEGALLY DESCRIBED AS THE NORTHERN PORTION OF LOT 16R, BLOCK 1 OF COLLEGE VIEW ADDITION, AN ADDITION TO CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0024) Thomson 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 "nay". Motion carried with a 6-1 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance on first reading to involuntarily annex 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). Kelly Carpenter, Director of Planning and Development, presented the details of the proposed annexation. Potential development of the area was very high as noted with the proposed development of JNC Denton Partners. The Planning and Zoning Commission recommended against the annexation. A super majority vote of the Council was required to pass all annexation ordinances. Public interest in planning appropriate land uses in accordance with the Comprehensive Plan along with a long-term investment of a future City wastewater treatment plant and water line were cited as several reasons for the proposed annexation. Full municipal services were required upon annexation in accordance with the service plan, which was part of the annexation ordinance. Council held a discussion on the Planning and Zoning Commission vote. City Attorney Snyder indicated that all changes in city boundaries went to the Planning and Zoning Commission for a recommendation. The super majority requirement by Council on annexation proposals was a separate Charter provision and was not based on the vote by the Planning and Zoning Commission. The following individuals spoke on the proposal: City of Denton City Council Minutes November 1, 2005 Page 8 Daniel Porter, 9920 FM 428, Aubrey, 76227 - opposed Wady Hilton, 5575 Green Valley, Aubrey, 76227 - opposed Matt Miller, Hughes and Luce - opposed - requested reconsideration of the City's denial that the annexation area be included in the City's three-year annexation plan and requested arbitration of this dispute pursuant to Texas Local Government Code Section 43.052(1) and Hughes v. City of Rock wall. Ron Carter, 4105 Hartlee Field Road, Denton, 76208 - opposed Comment cards received from: Carolyn Vaughn, 3200 Elm Bottom Circle, Aubrey, 76227 - opposed Emma Bingham, 5589 Green Valley Circle, Aubrey, 76227 - opposed Merwyn Lynch, 5437 Green Valley Circle, Aubrey, 76227 - opposed James Whitlock, 4697 Warschun, Aubrey, 76227 - opposed Buddy and Bessie Lou Dobson, 5547 Woodland Hills, Denton, 76208 - opposed Susie Autry, 1501 Eufemia Drive, Denton, 76207 - opposed Lisa and Robert Jenkins, 3419 Sauls Road, Aubrey, 76227 - opposed Kamp motioned, Mulroy seconded to adopt the ordinance on first reading. Council Member Mulroy stated that approval of the annexation would provide better protection for existing and future zoning. City Attorney Snyder stated that the City Charter required two readings of all annexation ordinances. The second reading would be the final vote on the annexation proposal. Mayor Pro Tem McNeill stated that he understood the concern of residents in the area. This proposal was a reaction to potential accelerated growth in the area. On roll vote of the first reading of the annexation ordinance, Heggins "nay", Kamp "aye", McNeill "aye", Montgomery "nay", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion failed 2-5 as a super majority vote of Council was required. Council took a recess and returned at 7:45 Item 5C was considered. C. The Council considered adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and CBS Mechanical; providing for the expenditure of funds therefor; and providing an effective date (File 3414 - Change Order One to Purchase Order 120873 in the amount of $3030.00). Council Member Mulroy left the meeting with a conflict of interest. Tom Shaw, Purchasing Agent, presented the details of the change order. The renovation work at the City jail resulted in the necessity for the change order for additional work on the chiller. The work had already been done in order to accommodate the jail population. City of Denton City Council Minutes November 1, 2005 Page 9 The following ordinance was considered: NO. 2005-337 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND CBS MECHANICAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3414 - CHANGE ORDER ONE TO PURCHASE ORDER 120873 IN THE AMOUNT OF $3030.00). Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Mulroy returned to the meeting. Council returned to the regular agenda order. B. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Chief Financial Officer, stated that the City could nominate as many individuals as it wished. All current members indicated a desire to continue. Nominations were due by end of November. McNeill motioned, Mulroy seconded to delay consideration of the item until the November 15th meeting. 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 approving an exaction variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.B of the Denton Development Code concerning sidewalks. The 7.25 acres of land was located approximately 750 feet east of Carmel Street and at the end of Chiquita Street. A motion of the Planning and Zoning Commission to recommend approval was defeated upon a tie vote (2-2). (V05-0018, 920 Chiquita Street) Kelly Carpenter, Director of Planning and Development, stated that Council had considered this request two weeks ago work and had postponed consideration in order to allow the developer and staff time to work on right-of-way development. A solution to that right-of-way issue had been approved by both parties. Larry Reichhart, representing the developer, spoke in favor of the proposal. City of Denton City Council Minutes November 1, 2005 Page 10 Mulroy motioned, Montgomery seconded to approve the variance as presented. 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 considered adoption of an ordinance of the City of Denton, Texas, withdrawing annexation case A05-0001 and zoning case Z05-0022 relating to the annexation and zoning of approximately 244 acres ofland contiguous and adjacent to the City of Denton, Texas, located in the eastern section of the City of Denton extraterritorial jurisdiction; generally located south of Mingo Road and both sides of Collins Road; being located in the M. Forrest Survey, abstract number 417 and the T. Living Survey, abstract number 729, Denton County Texas. Kelly Carpenter, Director of Planning and Development, stated that staff was recommending withdrawal of the proposed annexation as Denton County had agreed to close the requested railroad crossing. Speaker cards were submitted from: Kevin Bradshaw, 2052 Collin Road, Denton, 76208 - favor Richard Ragstad, 6383 FishTrap Road, Denton., 76208 - favor The following ordinance was considered: NO. 2005-338 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WITHDRAWING ANNEXATION CASE A05-0001 AND ZONING CASE Z05-0022 RELATING TO THE ANNEXATION AND ZONING OF APPROXIMATELY 244 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE EASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED SOUTH OF MINGO ROAD AND BOTH SIDES OF COLLINS ROAD; BEING LOCATED IN THE M. FORREST SURVEY, ABSTRACT NUMBER 417 AND THE T. LIVING SURVEY, ABSTRACT NUMBER 729, DENTON COUNTY TEXAS. 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. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received a citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. City of Denton City Council Minutes November 1, 2005 Page 11 G. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Kamp suggested holding a meeting with the Planning and Zoning Commission once a quarter. 2. Council Member Kamp requested a draft of an ordinance to allow gated communities in Denton. 3. Mayor Pro Tem McNeill requested a Closed Session for the next meeting dealing with the ramifications of the annexation vote. 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. 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 8:07 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 7, 2005 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, November 7,2005 at 11 :30 a.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, discussed, and provided guidance on the implementation process to provide citywide residential cart service. Vance Kemler, Director of Solid Waste, stated that a mandatory residential cart collection program would start at the end of January 2006. An educational campaign program will begin in November and December. Topics addressed will include special needs population, program benefits, when the transition would occur and new policies/procedures. Media efforts will include local media, paid print advertising, direct mail, cable TV spots, the web site, cart hotline, displays and a packet delivered with the carts. He reviewed the schedule for delivering the carts and the transition to once a week collection service. Special services would take into account that manual collection would be necessary in some areas, mobility and visually impaired would have front door service, yard waste service would remain once per week, bulky item would remain once a week and any extra waste would have to be held for the next collection or could be collected for a fee. Consensus of Council was to no longer supply the clear plastic bags for yard waste. Council discussion included: . Would the current trucks be retrofitted or would new trucks be leased? Kemler replied that there would be a replacement of older trucks with 7 new trucks in order to accommodate the change. . Some areas in the city were always leaving the carts on the curb making the neighborhoods unsightly. . As only 12,000 new cart customers were going to be added, the amount of money allocated for education of customers might be too large. It might be wise to revisit some of the educational items as many customers were already aware of the change in service. . What would be done with refuse outside the carts - Kemler replied that the customer could request a special collection with a $5.00 fee and if the customer did not call, the driver would leave a door hanger indicating that the additional amount would have to be held until the next collection day or to call for service. . Was there a penalty for not picking up the cart from the curb in a timely manner? - Kemler replied that there was no penalty at this point in time with no language in the nuisance code or solid waste code other than it was a violation. City of Denton Minutes November 7, 2005 Page 2 . Some type of enforcement might be needed to keep the carts off the curbs 2. The Council received a report, held a discussion and gave staff direction regarding the proposed Downtown Multimodal Station, Catalyst Project and the proposed South Transit Station in the MayhilllBrinker Road area. Mark Nelson, Chief Transportation Official, stated that at the Council annual planning session, staff was asked for an update. DCT A had approved a locally preferred rail alignment along the former MKT line. It had initiated a one-year environmental study and would not commit to specific sites until the environmental study was complete and the corridor was environmentally cleared. The DCTA had received a RTC funding commitment for the development of two stations. RTKL had identified five areas in the downtown area that might be considered for an economic development catalyst. Development costs included a DCT A service plan of $240 million for development of 20 miles of rail. He presented several pictures of various other transit stations. Next steps would include identifying the focus for the station, either a downtown or south station. The Council convened in Closed Session at 12:30 p.m. 1. Closed Session A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072 and Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Deliberated the purchase and value of real property interests for the proposed Downtown Multimodal Station and Catalyst Project and the proposed South Transit Station in the MayhilllBrinker Road area, which acquisitions are for public purposes. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. With no further business, the meeting was adjourned at 1:45 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 8, 2005 After determining that a quorum was present, the City Council convened in a 2nd Tuesday Session on Tuesday, November 8, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None Council convened into Closed Session at 4:05 p.m. Council reconvened in open session at 5:05 p.m. 1. The Council received a report, held a discussion and gave staff direction regarding proposed ordinance revisions related to Code Enforcement and property appearance. Lt. Scott Fletcher, Denton Police Department, stated that several of the code enforcement issues previously discussed with Council had been addressed. Fence maintenance and parking regulations were ready in ordinance form for consideration. The fence maintenance ordinance would require property owners to maintain a fence as currently were was no ordinance requiring maintenance. The proposed ordinance would require owners or occupants to maintain a fence so that it was structurally sound and had no broken, loose, damaged, removed or missing parts. It also required that the fence be repaired using material comparable to the original fence that was being repaired. Council suggested checking the language of the ordinance so that a property owner would be able to remove the fence instead of repairing it if desired. Fletcher continued with proposed parking regulations. There were three separate issues associated with parking regulations (1) parking on unimproved surfaces, (2) parking of certain recreational vehicles on public streets and (3) parking of cars for sale. The proposed ordinance would prohibit parking on unimproved surfaces in the front yard of a residence and would require any vehicle parked on a side or back yard of a residence on an unimproved surface to be screened from public view by a fence or wall of at least six feet in height. It would also limit individuals from improving the surface of more than 50% of the front yard of a residential lot. Council discussed the fact that a curved driveway would take more than 50% of the front yard and an exception for a curved driveway might be considered. Fletcher continued with on-street parking of recreational vehicles. The proposed ordinance would prohibit on-street parking of recreational vehicles. It also prohibited parking vehicles in excess of eight feet six inches in width or forty feet in length in any residential di stri ct/neighborhood. Council discussion included: . It might be better to rethink the restriction on the larger vehicles and start first with limiting the parking in residential areas. City of Denton City Council Minutes November 8, 2005 Page 2 . Consider the recreational vehicles that were merely visiting a residence in terms of how long they had been there, etc. . The definition of parking was considered overnight parking. . Separate the two issues of on-street parking versus prohibiting the large vehicles from residential neighborhoods. Consensus of the Council was that the large vehicle restriction was a concern and to defer it at this time. Staff could proceed with the other issue of on-street parking. Fletcher continued with parking of cars for sale. There currently was no ordinance that prohibited individuals from parking used cars for sale on privately owned parking lots or open spaces. The proposed ordinance would limit one used car that could be placed for sale on private property at one time. Additional restrictions would include the vehicles had to be parked at least one hundred feet from the edge of the right-of-way or easement. The ordinance would not apply to legitimate new or used care sales businesses. Council discussion included: . Was a business license needed for used car lots - Fletcher replied that there was no permit process in the City for used cars. . When considering the zoning and sign ordinance rewrite, consider addressing some of these issues. Consensus of the Council was to proceed as recommended by staff. Additional issues Fletcher addressed were staffing and deployment; citation resolution, and internal workgroup dealing with property maintenance issues. The Code Enforcement Unit currently consisted of one supervisor, one secretary, four district officers with one field officer dealing with citywide issues of signs, graffiti, and stagnant water. He reviewed a comparison of Code Enforcement staffing levels versus square miles for twelve metroplex cities. Fletcher also reviewed the citation disposition in which 71% of the citations were abated, 7% resulted in a city lien, 12% were pending and 10% were dismissed. An internal workgroup had been formed to address a comprehensive approach to property maintenance issues. Departments in the workgroup included Building Inspections, Code Enforcement, Community Development, Keep Denton Beautiful, Legal, Parks, Police, Planning, Public Information, Solid Waste, and Utilities Customer Service. The theme of these meetings identified the need to create a cultural change in the appearance of properties throughout the City. Potential programs to help create this change include adoption of the International Property Maintenance Code, an external property survey, rental property inspections, and a centralized code/building hotline. City of Denton City Council Minutes November 8, 2005 Page 3 Council discussion included: . Had there been any discussion with multifamily property owners regarding these issues - Fletcher replied that there had been some dialog with some of the property owners. . More vigorous enforcement of the nuisance ordinance was needed - Fletcher responded that more patrols in neighborhoods were being requested. . Many of the complaints from the neighborhoods were enforcement issues. Fletcher finished with the suggestion from the internal workgroup to include input from the community. The workgroup felt that an external citizen task force should be formed. Members of that task force could include representatives from Property Management Companies, Rental Property Association, Denton Apartment Association, NAACP, LULAC, University of North Texas, Texas Woman's University, REACH, Chamber of Commerce, Realtor's Association, and the Denton Housing Authority. Consensus of the Council was to proceed with the fence ordinance, hold the restrictions on the large recreational vehicles in the parking ordinance and continue with the other ordinances as recommended by staff. Staff could also continue with the code strategies as suggested including the external task force. 2. The Council received a report, held a discussion and gave staff direction regarding the changing of the name of Morse Street to Martin Luther King, Jr. Street. Jon Fortune, Assistant City Manager, stated that staff had researched the feasibility of changing the name of Morse Street to Martin Luther King, Jr. Street as suggested by Council Member Heggins. An approved name change for the entire length of Morse Street that extended to Mayhill Road would affect 56 residential and commercial units He detailed the procedure that would be necessary to affect the requested change. Council discussion included: . While this was a good idea, Council might not be looking as broad as needed. The street chosen needed to be one that that went all across town rather than one small street. Build on the idea but have a broader outlook. . Perhaps consider mailing out information to residents and the business community regarding a change possibility. . The Historic Landmark Commission would have to consider any name change. . Consider the new portion of US 77 rather than Morse as it was a much larger and more used thoroughfare. . Consider changing Research Parkway instead of Morse as the street should be a significant street that went across the community. City of Denton City Council Minutes November 8, 2005 Page 4 Council Member Heggins noted that she had received information from the Morse Street Church that it would support the name change if Bushy Street were renamed Morse and Morse were renamed Martin Luther King, Jr. Street. Consensus of the Council was for staff to continue to research the possibilities and return for an additional work session. Following the completion of the 2nd Tuesday Session, the City Council convened in a Closed Meeting to consider the items listed below. 1. Closed Meeting A. Consultation with Attorney - Under Texas Government Code Section 551.071 - 1. Consulted 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. B. Personnel Matters - Under Texas Government Code 9551.074. 1. Deliberated the evaluation, and duties, including contractual terms and duties, for the City Manager, City Attorney, and Municipal Court Judge. Special Called Regular Meeting Denton City Council on Tuesday, November 8, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving an employment agreement between the City of Denton and Robin A. Ramsay as the presiding judge of the City of Denton Municipal Court; authorizing the expenditure of funds; and providing an effective date. The following ordinance was considered: NO. 2005-339 AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DENTON AND ROBIN A. RAMSAY AS THE PRESIDING JUDGE OF THE CITY OF DENTON MUNICIP AL COURT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 8, 2005 Page 5 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. B. The Council considered adoption of an ordinance approving an amendment of an employment agreement between the City of Denton and Edwin M. Snyder as the City Attorney of the City of Denton; authorizing the expenditure of funds; and providing an effective date. The following ordinance was considered: NO. 2005-340 AN ORDINANCE APPROVING AN AMENDMENT OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DENTON AND EDWIN M. SNYDER AS THE CITY ATTORNEY OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS; 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. The Council considered adoption of an ordinance approving a personal and professional consulting services agreement between the City of Denton and Michael A. Conduff; authorizing the expenditure of funds; and providing an effective date. The following ordinance was considered: NO. 2005-341 AN ORDINANCE APPROVING A PERSONAL AND PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND MICHAEL A. CONDUFF; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. McNeill 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. D. The Council considered a motion to suspend the Council Rules of Procedures and reconsideration of the City Council's vote on an annexation ordinance on first reading in Annexation Case No. A05-0002 to involuntarily annex approximately 5,800 acres generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction. Montgomery motioned, Mulroy seconded to suspend the Council's Rules of Procedure to allow for a reconsideration of a previous vote. 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 November 8, 2005 Page 6 Council Member Montgomery indicated that there had been a change of circumstances since the last Council vote on the annexation. Kelly Carpenter, Director of Planning and Development, stated that the City had received a proposed preliminary plat for consideration from JNC Partners. Council Member Montgomery asked if the preliminary plat was complete. Carpenter replied that staff was still completing a review of the application at this point in time. An associated fee with the preliminary application was approximately $61,000 dollars. Council Member Montgomery asked if there were anything in place to prevent this from going forward. Carpenter stated that the preliminary plat was in the City's extraterritorial jurisdiction. The City had jurisdiction on plat approval. Denton County had no land use controls, zoning controls or building permit authority in Denton County. The following individuals requested to speak on this item: Wady Hilton, 5575 Green Valley Circle, Aubrey, 76227 - opposed Merwyn Lynch, 5437 Green Valley Circle, Aubrey, 76227 - opposed Montgomery motioned, Mulroy seconded to reconsider the vote of last week. On roll vote, Heggins "nay", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried with a 6-1 vote. E. Council considered adoption of an ordinance on first reading, annexing approximately 5,800 acres ofland contiguous and adjacent to the City of Denton, Texas, located in the in the northeastern area of the City of Denton's extraterritorial jurisdiction; generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such annexation area being located in the V. Gailer Survey, Abstract Number 452, 1. Clark Survey, Abstract Number 247, 1. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, 1. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, 1. Petty Survey, Abstract Number 1027, P. O'Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761,1. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933, Denton County Texas; approving a service plan for the annexed property; providing a severability clause; and providing an effective date. (A05-0002) The following individuals requested to speak on this issue: Harry Down, 9325 FM 428, Aubrey, 76227 - opposed Susie Autry, 1501 Eufenia Drive, Denton, 76207 - opposed Glena Allen, 9651 FM 2153, Aubrey, 76226 - opposed City of Denton City Council Minutes November 8, 2005 Page 7 Walter Ray, 10744 FM 428, Aubrey, 76227 - opposed Scott Simms, 6075 Green Valley Circle, Aubrey, 76227 - opposed Melissa Lindelow, Hughes and Luce - stated that the developer had vested rights due to the filing of the preliminary plat and that annexation would not stop the development. The service plan attached to the annexation ordinance was flawed and did not comply with state law. If the Council approved this first reading, it would be failing to act in accordance with state law. It would also be going against the unanimous vote of the City's Planning and Zoning Commission. There were tools available under the Local Government Code that would allow the development of the property and still contain development restrictions such as land use control, deed restrictions, donation of lots for the School District. They would be willing to negotiate if the City were interested. Michael Brown, 3401 Joyce Lane, Denton, 76207 - opposed Ron Carter, 4105 Hartlee Field Road, Denton, 76208 - opposed Trent Densmore, 7154 Burger Road, Aubrey, 76227 - opposed Comment cards were received from: Walter Warschun, 2702 Warschun Road, Aubrey, 76227 - opposed Shirley Harris, 7056 Burger Road, Aubrey, 76227 - opposed Jane Ray, 10744 FM 428, Aubrey, 76227 - opposed Lisa Jenkins, 3419 Sauls Road, Aubrey, 76227 - opposed Cindy Williams, 5099 Warschun Road, Aubrey, 76227 - opposed Emma Bingham, 5589 Green Valley Circle, Aubrey, 76227 - opposed Don and Peggy Gann, 10049 FM 2153, Aubrey, 76227 - opposed Buddy and Bessie Lou Dobson, 5547 Woodland Hills, Denton, 76208 - opposed 1. Bryan Lilley, 1630 Shepard Road, Aubrey, 76227 - opposed James Whitlock, 4697 Warschun Road, Aubrey, 76227 - opposed Serena Daugherty, 1300 Tulane, Denton, 76201 - opposed Jane Erwin, 8012 FM 2153, Aubrey, 76227 - opposed Carolyn and Henry Vaughn, 3200 Elm Bottom Circle, Aubrey, 76227 - opposed Ray Lynch, 5475 Green Valley Circle, Aubrey, 76227 - opposed Mulroy motioned, Kamp seconded to approve the ordinance on first reading. On roll vote, Heggins "nay", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried with a 6-1 vote. With no further business, the meeting was adjourned at 7: 17 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 15, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 15,2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council held a discussion and gave staff direction regarding the 2006 Council meeting schedule. Jennifer Walters, City Secretary, reviewed the draft schedule included in the Councifs agenda backup materials. Consensus of the Council was to approve the schedule with a change in the September schedule. The meeting dates in September would be moved down a week to accommodate the Labor Day holiday. 2. The Council received a report, held a discussion and gave staff direction regarding the Denton Public Art Policy Process. Janet Fitzgerald, Director of Parks and Recreation, stated that the basis for a public art policy was included in The Denton Plan. The Urban Design section provided for public art strategies. She presented the history of public art in Denton. Types of acquisitions for public art included gifts and donations, commissioned pieces and the purchase of art. These had been handled on a case-by-case basis. A survey had been done with 24 cities for basic information on the policy, purpose, policy administration and funding sources for public art. Policy administration included public/private partnerships with the council appointing a committee that would administer policy and make recommendations. Funding sources came from private funding such as endowments, gifts and donations, grants and foundations. Public funding sources might include a percentage of capital construction projects, HOT funds and special events. A potential project for public art might be the US 380 entranceways. The scope of the project would involve signage, public art and landscaping. Funding partners might include Keep Denton Beautiful, Inc., City of Denton 2000 bond funds, TXDOT Green Ribbon Program and Leadership Denton project. The recommended process involved a public/private task force to develop the public art policy, commission and placement of public art, funding mechanisms for the purchase of art, management strategies and funding strategies for ongoing maintenance. She detailed a potential composition of such a task force. Once appointed, the task force would begin in the near future so as to be able to come back to Council with a recommendation in April. Council discussion included: . A report from a prior Leadership Denton class should be incorporated as it dealt with an inventory of public art and policy suggestions. . The former tax abatement policy had different initiatives that would add a tax abatement such as contributing a significant work of public art. Consider recommending to Council incentives for significant contributions to public art. City of Denton City Council Minutes November 15, 2005 Page 2 . The task force would be a broad based committee designed to create the policy for the public art. Consensus of Council was to proceed as recommended by staff. 3. The Council received a report, held a discussion and gave staff direction on the funding ofLEED certification for Fire Station #7. Ross Chadwick, Fire Chief, stated that the Council Committee on the Environment had discussed whether the new fire station should be LEED certified. The Committee felt that it should be certified and to bring the cost savings back for Council review. LEED stood for leadership in energy and environmental design. A project checklist for LEED certification included sustainable sites, water efficiency, materials and resources, indoor environmental quality, innovative and design process. The budgeted project cost was $2.5 million. A current estimated project cost was $2.6 million with an estimated LEED cost of $302,000 for a total estimated project cost of $2.9 million. With a 7% contingency fund, the estimates should be fairly close to budget. He reviewed several projects from other cities that had realized savings from being LEED certified. Staff had also projected a potential savings for Fire Station #7 of $588,543. Staff recommended allocating the expenditure of additional funds for Fire Station #7 to achieve a minimum of silver LEED certification and consider the use of the environmentally preferable purchasing program to fund the estimated additional costs of $302,925. Council discussion included: . The cost of the LEED would be due in 2006-Chadwick replied correct. . The initial cost and figures of savings were projected over a 25-year period, in 11 years the City would recover the initial costs. . Consider this program both for economic reasons and environmental reasons. Consensus of Council was to proceed with the proposal. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for November 15, 2005. 1. Beginning at 5:00 p.m., Council considered the following in Closed Meeting: A. Consultation with Attorney-Under Texas Government Code Section 551.071 - 1. Consulted 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 City of Denton City Council Minutes November 15, 2005 Page 3 Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Deliberations regarding Real Property-Under Texas Government Code Section 551.072 and Consultation with Attorney-Under Texas Government Code Section 551.071. 1. Deliberated the purchase and value of real property interests for the proposed Downtown Multimodal Station and Catalyst Project and the proposed South Transit Station in the MayhilllBrinker Road area, which acquisitions are for public purposes. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. Following the completion of the Closed Meeting, the City Council met with Leadership Denton. Regular Meeting of the City Council on Tuesday, November 15,2005 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 Mayor Brock presented a proclamation for Vistacare Day and Leadership Denton Week. B. November Yard-of-the-Month Awards Mayor Brock read the November Yard-of-the Month Awards. C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 3. CONSENT AGENDA Kamp motioned, Thomson 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. City of Denton City Council Minutes November 15, 2005 Page 4 A. 2005-342 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 6, Section 18 regarding the adoption of dogs, cats, and ferrets; providing for a severability clause; providing a repealer clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. B. 2005-343 - An ordinance amending Ordinance No. 2001-338 to establish an adoption fee for dogs at one hundred twenty dollars ($120), an adoption fee for cats at one hundred and ten dollars ($110), and an adoption fee for ferrets at ten dollars ($10) pursuant to Chapter 6 of the code of ordinances of the City of Denton, Texas; providing that a schedule of fees shall be maintained on file in the office of the City Secretary; providing a savings clause; providing a severability clause; and providing an effective date. C. 2005-344 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Southridge Animal Hospital to provide sterilization and rabies vaccination services for the City of Denton Animal Services Center; authorizing the collection of funds therefor as reflected in the fee ordinance; and providing an effective date. D. 2005-345 - An ordinance accepting competitive proposals and awarding a best value annual contract for operation of an automated traffic signal enforcement program; providing for the expenditure of funds therefor; and providing an effective date (RFP 3364-Automated Traffic Signal Enforcement System awarded to Redflex Traffic Systems USA). E. 2005-346 - An ordinance accepting competItIve proposals and awarding a contract for the purchase of fencing materials for the Lake Forest Dog Park; providing for the expenditure of funds therefor; and providing an effective date (RFP 3402Lake Forest Dog Park Fencing awarded to Hurricane Fence in the amount of $25, 144.48). F. 2005-347 - An ordinance authorizing the Mayor to execute an amended 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. G. 2005-348 - An ordinance of the City of Denton, Texas terminating that certain airport lease dated November 2, 2004, by and between the City of Denton, Texas and Terrence Jarog, authorizing the City Attorney or his designee to take appropriate legal action if necessary, to effectuate the termination, and providing an effective date. The Airport Advisory Board recommended approval (5-0). H. Confirmed the appointment by the City Manager of a new member to the Civil Service Commission. I. 2005-349 - An ordinance authorizing the City Manager to execute an Interlocal Agreement with the DENCO Area 9-1-1 District for the purpose of establishing the Denton Police Department as the primary public safety answering point City of Denton City Council Minutes November 15, 2005 Page 5 (PSAP) within the DENCO enhanced 9-1-1 system; and providing for an effective date. 1. 2005-350 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to pay the City's annual consolidated water quality fees for FY 2006 to the Texas Commission on Environmental Quality; authorizing the expenditure of funds therefor; providing an effective date. K. R2005-046 - A resolution granting recognition of Local 1291 of the International Association of Fire Fighters as the sole and exclusive bargaining agent for the non-exempt Denton firefighters, and authorizing the City of Denton to meet and confer with the association under Subchapter C of Chapter 142 of the Texas Local Government Code without conducting an election. L. R2005-047 - A resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding a request for a Specific Use Permit for approximately 0.904 acres to allow a drive- through facility. The site was in a Neighborhood Residential Mixed Use (NRMU) zoning district. The subject property was generally located at the southeast corner of Sundown Blvd. and Teasley Lane. A bank with a drive-through was proposed. The Planning and Zoning Commission recommended approval (7-0). (S05-0001, Northstar Bank) Council Member Mulroy left the meeting with a conflict of interest. Kelly Carpenter, Director of Planning and Development, stated that the Denton Code allowed a bank in NRMU but a special use permit was needed for a drive through facility. The Planning and Zoning Commission had some issues as the neighborhood was opposed to the drive through. The applicant then met with the neighborhood and made some concessions regarding signs and irrigation for the neighborhood signs. The Planning and Zoning Commission did not place any conditions on the special use permit. The Mayor opened the public hearing. The following individual spoke during the public hearing: Kyle Hogue, G & A Consultants, Inc. - would answer any questions from Council-favor The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes November 15, 2005 Page 6 NO. 2005-352 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.904 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SUNDOWN BL YD. AND TEASLEY LANE, LOCATED WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT AND IS PLATTED AS LOT 1, BLOCK B SUNDOWN RANCH COMMERCIAL LOTS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. (S05-0001) McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins 'hye', Kamp '~e', McNeill "aye', Montgomery "aye', Thomson "aye' and Mayor Brock "aye'. Motion carried unanimously. Council Member Mulroy returned to the meeting. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton approving a lease agreement between the City of Denton and John Eric Schmitz for the lease of a portion of street right-of-way for the construction, occupancy and maintenance of a porch area in conjunction with a business located at the northeast corner of Walnut and Cedar Streets, which is commonly known as 209 W. Hickory Street, Denton, Texas; and providing an effective date. Linda Ratliff, Director of Economic Development, stated that Council had discussed the proj ect in September. The property owner desired to expand his facility to add a porch area and expand the eating portion of restaurant. The lease for the proposal was structured similar to an airport lease with a 30-year term and 2 ten-year options. The property owner would need to begin expansion within 180 days of approval by Council and obtain approval for the sidewalk and design and construction of porch. Eric Schmitz, property owner, submitted a speaker card and spoke in favor of the request. The following ordinance was considered: NO. 2005-352 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND JOHN ERIC SCHMITZ FOR THE LEASE OF A PORTION OF STREET RIGHT-OF-WAY FOR THE CONSTRUCTION, OCCUPANCY AND MAINTENANCE OF A PORCH AREA IN CONJUNCTION WITH A BUSINESS LOCATED AT THE NORTHEAST CORNER OF WALNUT AND CEDAR STREETS, WHICH IS COMMONLY KNOWN AS 209 W. HICKORY STREET, DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes November 15, 2005 Page 7 Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye', Kamp '~e', McNeill "aye', Montgomery "aye', Mulroy "aye; Thomson 'hye' and Mayor Brock "aye'. Motion carried unanimously. B. The Council considered approving an exaction variance of Section 35.20.3.B of the Denton Development Code concerning sidewalks. The approximately 0.35 acres of property was generally located at the northeast corner of McKinney Street and Wood Street intersection. The Planning and Zoning Commission recommended approval (6-0). (V05-0022, Klement Laundry) Kelly Carpenter, Director of Planning and Development, stated that she would address Items 5B, 5C and 5D. The exaction variance in Item 5B would reduce the width of the sidewalk along Wood Street from eight feet to five feet. The City had a history of requiring 8-foot sidewalks on collector streets. Sidewalks along collectors were 8 foot wide because they were intended to be shared by both pedestrians and bicyclists. Currently there were no sidewalks on the east side of Wood Street between McKinney and Davis, with the exception of the recently constructed 5-foot wide section installed by the City. This was a 0.35-acre site that the property owner was proposing to develop for a laundry. Item 5C was a request for a variance concerning perimeter street dedication along a primary arterial. The applicant was requesting a variance to reduce the right-of-way dedication along McKinney Street from 34.12 feet to 22.86 feet. The third variance considered in Item 5D was a request for a variance to reduce the right-of-way dedication along Wood Street from 11.49 feet to 8.9 feet. The Planning and Zoning Commission had approved all three variance requests. Council discussion included: . A smaller right-of-way on McKinney in this area might affect the complete alignment of McKinney in the future. . Wood Street was currently designated as a residential street but the proposed use was a collector street with a larger right-of-way requirement. . The current Code requirements for McKinney were higher than the existing conditions on McKinney. Although McKinney was a TxDot controlled road, the City controlled this portion of McKinney. . The City would have to provide additional width to McKinney when it was time to widen it unless an alternative design was developed. . The problem was infill versus greenfill and the requirements for new development placed on an infill development project. Larry Reichhart, representing the developer, submitted a speaker card and spoke in favor of the three variances. City of Denton City Council Minutes November 15, 2005 Page 8 Thomson motioned, McNeill seconded to approve Item 5B. On roll vote, Heggins "aye', Kamp '~e', McNeill "aye', Montgomery "aye', Mulroy "aye; Thomson 'hye' and Mayor Brock "aye'. Motion carried unanimously. Kamp motioned, Mulroy seconded to approve Item 5C as presented in the Council backup materials. On roll vote, Heggins "aye', Kamp "aye', McNeill "aye', Montgomery "aye', Mulroy "aye', Thomson"aye' and Mayor Brock"nay'. Motion carried with a 6-1 vote. Heggins motioned, McNeill seconded to approve Item 5D. 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 a variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets along McKinney Street. The approximately 0.35 acres of property was generally located at the northeast corner of McKinney Street and Wood Street intersection. The Planning and Zoning Commission recommended approval (6-0). (V05-0023, Klement Laundry) This item was considered with Item 5A. D. The Council considered a variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets along Wood Street. The approximately 0.35 acres of property was generally located at the northeast corner of McKinney Street and Wood Street intersection. The Planning and Zoning Commission recommended approval (6-0). (V05- 0024, Klement Laundry) This item was considered with Item 5A. E. The Council considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Chief Financial Officer, stated that this resolution would cast votes for membership to the Board of Directors for the Denton Central Appraisal District. The City and DISD typically combined their votes in an effort to have candidates elected. In October, the City and DISD nominated Charles Stafford and Rick Woolfolk to the Board. The following resolution was considered: NO. R2005-048 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. McNeill motioned, Mulroy seconded to approve the resolution casting the City's votes for Charles Stafford and Rick Woolfolk. 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 November 15, 2005 Page 9 F. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Chief Financial Officer, stated that this resolution would nominate members to the Appraisal Review Board of the Denton Central Appraisal District. The Board of Directors appointed members to the Review Board. Currently five members of the Review Board had terms that were expiring, all five members were eligible for reappointment and all five desired to be considered for reappointment. The following resolution was considered: NO. R2005-049 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution nominating all five current members whose terms were expiring. On roll vote, Heggins "aye', Kamp "aye', McNeill "aye; Montgomery"aye', Mulroy"aye', Thomson"aye' and Mayor Brock"aye'. Motion carried unanimously. G. The Council considered adoption of an ordinance of the City of Denton, Texas, denying the request of JNC Partners Denton, LLC dated November 1, 2005 for inclusion in a three-year annexation plan related to Annexation Case No. A05-0002 and declining its request for arbitration; and providing an effective date. City Attorney Snyder indicated that there was an incorrect reference to a subsection in the proposed ordinance. The subsection should be (I) instead of (H). He stated that on October 4th, the city received a petition from JNC Partners Denton to be included in the City's three-year annexation plan. On October 18, the council approved Ordinance 2005-323 denying that request. On November 1, JNC filed a new petition renewing its request to be included in a three- year annexation plan and requesting arbitration if denied inclusion in the plan. The proposed ordinance again denied JNCs request to be included in a three-year annexation plan and declined its request for arbitration. Matt Miller, Hughes and Luce, submitted a speaker card in opposition to the ordinance. He stated that the proposed ordinance declined arbitration as JNC failed to make a prima facie showing that the proposed annexation fell within the scope of Subsection 43.052(i). He felt that Subsection (i) did not include language requiring a prima facie showing. His firm had a similar case in Rockwall for a similar reason. The Dallas Court of Appeals agreed with Hughes and Luce. He brought that case for the Council to review. He indicated that the statute had language for allowing the arbitrator to make determinations with any associated fees shifting to the developer. Hughes and Luce requested Council to follow the ruling in Hughes v. City of Rockwall and the decision from the Dallas Court of Appeals. The following ordinance was considered: City of Denton City Council Minutes November 15, 2005 Page 10 NO. 2005-353 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE REQUEST OF JNC PARTNERS DENTON, LLC DATED NOVEMBER 1, 2005 FOR INCLUSION IN A THREE-YEAR ANNEXATION PLAN RELATED TO ANNEXATION CASE NO. A05-0002 AND DECLINING ITS REQUEST FOR ARBITRATION; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, McNeill seconded to adopt the ordinance with the change in subsection notation as indicated by the City Attorney. On roll vote, Heggins"nay', Kamp"aye', McNeill "aye; Montgomery "aye', Mulroy "aye', Thomson "aye' and Mayor Brock "aye'. Motion carried with a 6-1 vote. H. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Dr. John Paul Eddy regarding a smoking ban in the Civic Center and the Center for Visual Arts. Dr. Eddy did not make a presentation. B. Ed Soph regarding continuing concerns about Eureka! Mr. Soph stated inorganic arsenic was still leaking out of the playground equipment and in the soil around the equipment at Eureka! Park. He stated that the City assumed this was an acceptable risk and the City downplayed the risk assessment. He suggested that city initiate public discussions on how to replace the equipment at Eureka! Park. I. New Business Council suggested the following item of New Business for future agendas: 1. Council Member Kamp suggested exploring the possibility of the formation of non-profit foundation for the animal shelter. 1. 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. K. 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 November 15, 2005 Page 11 L. 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 7:40 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: December 13,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Jon Fortune Ii SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a two year contract for the purchase of electric distribution conductors for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3412- Two Year Contract for Purchase of Electric Distribution Conductors awarded to the lowest responsible bidder for each item, Techline, Inc., in the annual estimated amount of$135,950. BID INFORMATION This bid is for a two-year agreement to supply electric distribution conductors that Denton Municipal Electric (DME) uses for construction and maintenance of overhead power lines and services. The conductors included in this bid are non-insulated conductors and multiplexed insulated service conductors. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board will consider this item at its December 12, 2005 meeting. RECOMMENDA TION Award to Techline, Inc. in the estimated amount of $135,950. PRINCIPAL PLACE OF BUSINESS Techline, Inc. Ft. Worth, TX ESTIMA TED SCHEDULE OF PROJECT This is a two-year contract with the option to renew for additional one-year periods if agreed to by both parties. FISCAL INFORMATION The items in this bid will be funded from the Warehouse Working Capital Account and charged back to the using department. 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III CII 'i: D. .... - C CII E .c u Cll ;:: <t u c .... o (j\ '<j" o -Ill- Lrl \.0 Lrl o -Ill- Lrl '<j" r--. o -Ill- C o ID~ID -IDg'S o E 0 0 ~.!!1 ~ ~ ("\J-oOl<"'l ~"EE>< "O-8~2 C_Q)ID ~3l-g~ (/)U58'O . f'..~_l....(j) o..-ID~~~ :;;! 0::: ~ .~ t; >~2f..-~ 8 <( .~ ~ :0 <D_ ~ ~ .~ .~ :;( jg .~ ~ 2 ("\J:JCQO "l' ~ 'E 0 &; ~~~~>< 0J:!2~8ID =It_~ <J)-~ Q) ~(/)moE S:5~~~ t o o o o~ t'1 o N o I Ll) t'1 I o CXl N Ll) ..-I o r--. N o -Ill- o o (V) o -Ill- Lrl (V) (V) o -Ill- Qj Q) E ~ro 0.- . (j)"'C(j) 0-0= ..q (; 8 'It 0 . ~-iI:' -0- Ol 0 c20 ~(j)U1 -~C (/)-0 I'- <D , - a::: ID a.. (j) .S:: --'O~ ><<(~ > (/)' o .- Ol OliiE (().l::;ro ~- ~ ~ C-o "'"-00 "l'OlO ...;:;t:!2- 'It Ol _ ~-~ ~ S:5~ t o o o~ o ..-I o o o I Ll) t'1 I o CXl N \0 ..-I .:,(. Q) u Cfl ra I Q) l.... s: ..c ...., ::J o (f) Cfl c ra >< Q) Z -a Q) ...., o :J 0- l.... Q) l.... :J ...., U ra ..... :J C ra :E: ..c ...., 3: E ra l.... 01 o l.... c... 01 C (f) ra ..c u l.... :J c... Q) > :;::; ra ~O o..Z o l.... o 0 U{f) Q)UJ -5>- c ('.. .- (f) Q) Q) ...., .- ra U o..C .- Q) U 01 :.e<( ra- 0..19 o c ...., Q) (f) E Q) C ..c l.... (f) Q) 3: 2; l....19 o l.... -a Q) C..c Q)...., > 0 Cfl Q) >- o z o z o ...., -a Q) N 'C o ..c ...., :J ra (f) -a c ra l....~ Q) l.... :J ...., U ra ..... :J C ra E Q) ..c ...., >-0 .oz l....~ l.... o 0 ...., :J{f) .oUJ 'C >- ...., .~ ('.. -a c -aB Q) c N Q) .~ 0 -E'O ~C cO ra Q) (f)..c .- ...., l.... 0 ~...., ~~ CO (f) Cfl Q) >- ra :!:: c l.... l.... o Q) \I- -0 l.... ~ 0 s: '<j" r-l Cfl Q) >- Cfl Q) >- <( ....... Z N r-l r-l 00 N l.... Q) -a l.... o ..... o ...., 0.. Q) U Q) l.... ..... o (f) >- ra -a c ..c :!:: 3: Q) -a ra E Q) .0 C ra U >- l.... Q) .~ Q) o Q) E Cfl Q) >- I ...., Q) ...., -ora"'" ....... c E C C Q) ::J 0 0 E C "lU "lU 0. E ra ra ..c ::J U U Cfl Cfl Cfl \I- <(Q)Q)O Cfl Q) >- Cfl E C Q) C O:!:: Cfl 0 0Cflra:.;:::; O::Jt)ra ~ .Q ~ ra l.... U ra Cfl r-l>NW C E o z Cfl ..0 o o o l.... ... Q) Lrl-o l.... r-l 0 Cfl E C Q) o :!:: 0Cfl o 5 ~ 'C ra N > ..-I :j:j: E :J -a c Q) -a -a <( (f) c o :;::; 0.. Q) U >< UJ (f) -l.... Q) -a -a iii ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION CONDUCTORS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3412-TWO YEAR CONTRACT FOR PURCHASE OF ELECTRIC DISTRIBUTION CONDUCTORS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, TECHLINE, INC., IN THE ANNUAL ESTIMATED AMOUNT OF $135,950). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3412 1-16 Techline, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3412 '--1C~ Exhibit A BID # 3412 DATE: 11/1/2005 Two-Year Contract for Electric Distribution Conductors Techline, Inc. Bid #2 Principle Place of Business: Fort Worth, TX Wire, 1590 Bare Aluminum Conductor, Class AAC, 61 1 280-16-130 5,000 FT Strand, Overall diameter 1.525, D.C. resistance .0109 $2.390 ohm/m, Rated breaking strength 27,000 Ibs. (Code name "Coreopsis" on 5,000 ft. steel reels). Wire, 795 Bare Aluminum Conductor, Class AAC, 37 2 280-16-120 40,000 FT Strand, Overall diameter 1.026, D.C. resistance .0218 $1.220 ohm/m, Rated breaking strength 13,770 Ibs. (Code name "Arbutus" on 5,000 ft. non-returnable reels). Wire, 556.5 Bare Aluminum Conductor, Class AAC, 37 3 280-16-700 20,000 FT Strand, Overall diameter .858, D.C. resistance .0312 $0.970 ohm/m, Rated breaking strength 10,770Ibs. (Code name "Mistletoe" on 5,000 ft. non-returnable reels). Wire, 477 Bare Aluminum Conductor, Class AAC, 19 4 280-16-110 5,000 FT Strand, Overall diameter .793, D.C. resistance .0362 $0.755 ohm/m, Rated breaking strength 8,360 Ibs. (Code name "Cosmos" on 5,000 ft. non-returnable reels). Wire, 4/0 Bare Aluminum Conductor, Class AAC, 7 5 280-16-080 15,000 FT Strand, Overall diameter .522, D.C. resistance .0817 $0.325 ohm/m, Rated breaking strength 3,830 Ibs. (Code name "Oxlip" on 3,000 ft. non-returnable reels). Wire, 2/0 Bare Aluminum Conductor, Class AAC, 7 6 280-16-050 6,000 FT Strand, Overall diameter .414, D.C. resistance .130 $0.235 ohm/m, Rated breaking strength 2,510 Ibs. (Code name "Aster" on 3,000 ft. non-returnable reels). Wire, 795 Bare Aluminum Conductor, Class ACSR, 26/7 7 NjA 5,000 FT Strand, Overall diameter 1.108, D.C. resistance .0214 $1.480 ohm/m, Rated breaking strength 31,500 Ibs. (Code name "Drake" on 5,000 ft. non-returnable reels). Wire, 4/0 Bare Aluminum Conductor, Class ACSR, 6/1 8 280-16-100 5,000 FT Strand, Overall diameter .563, D.C. resistance .0795 $0.430 ohm/m, Rated breaking strength 8,350 Ibs. (Code name "Penguin" on 5,000 ft. non-returnable reels). Wire, #2 Bare Aluminum Conductor, Class ACSR, 7/1 9 280-16-000 10,000 FT Strand, Overall diameter .325, D.C. resistance .251 $0.148 ohm/m, Rated breaking strength 3,460 Ibs. (Code name "Sparate" on 5,000 ft. non-returnable reels). Wire, 4/0-4/0-4/0-4/0 AL, 600V XLP, 19 Strand, (4/0 QSC) and Unshielded neutral ACSR 6/1 Steel Cord 10 280-35-140 2,000 FT diameter .1878, Phase Identification - ABC + Sequential $2.130 footage marking at (2-ft. minimum intervals) (Code name "Appaloosa" on 1,000 ft. reels). Exhibit A Techline, Inc. Bid #2 Wire, 4/0-4/0-4/0 AL, 600V XLP, 19 Strand, (4/0 TSC) 11 280-35-080 2,000 FT and Unshielded neutral ACSR 6/1 Steel Cord diameter $1.440 .1878, (Code name "Zuzara" on 1 ,000 ft. reels). Wire, 2/0-2/0-2/0-2/0 AL, 600V XLP, 19 Strand, (2/0 QSC) and Unshielded neutral ACSR 6/1 Steel Cord 12 280-35-120 1,500 FT diameter .1489, Phase Identification - ABC + Sequential $1.540 footage marking at (2-ft. minimum intervals) (Code name "Grullo" on 1500 ft. reels). Wire, 2/0-2/0-2/0- AL, 600V XLP, 19 Strand, (2/0 TSC) 13 280-35-060 4,500 FT and Unshielded neutral ACSR 6/1 Steel Cord diameter $0.930 .1489, (Code name "Runcina" on 1 ,500 ft. reels). Wire, #2-#-#2-#2-#2 AL, 600V XLP, 7 Strand, (#2 QSC) Unshielded neutral is ACSR 6/1 Steel Cord diameter 14 280-35-100 1,500 FT .1299, Phase Identification - ABC + Sequential footage $0.810 marking at (2-ft. minimum intervals) (Code name "Palomino" on a 1500 ft. reel). Exhibit A 15 Wire, #2-#2-#2 AL, 600V XLP, 7 Strand, (#2 TSC) Unshielded neutral is ACSR 6/1 Steel Cord diameter FT .1299, (2-ft. minimum intervals) (Code name "Conch" on 500 ft. coils. Coil size: 17" inner diameter x 34" outer diameter x 9" total width across). 280-35-020 30,000 16 Wire, #4-#4 AL, 600V XLP, 7 Strand, (#4 DSC) FT Unshielded neutral is ACSR 6/1 Steel Cord diameter .0834, (Code name "Terrier" on 500 ft. coils). 280-35-000 10,000 Manufacturer quoted: Vendor wishes to participate in the Cooperative Purchasing Program with other Governmental Agencies? YES or NO Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? YES or NO Delivery can be made within days of receipt of order. Addendum # 1 Bidder's Exceptions Techline, Inc. Bid #2 $0.562 $0.300 Nexans Yes Yes Stock - 70 No NjA AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Keith Gabbard 349-7144 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for trucking services for the City of Denton Street Division; providing for the expenditure of funds therefore; and providing an effective date (Bid 3413-Annual Contract for Trucking Services awarded to the overall lowest bidder, Hickory Creek Haulers, LLC in the annual estimated amount of $56,000. BID INFORMATION This bid is for an annual contract for trucking services as needed by the City of Denton. The contract is for a set hourly rate for 12-yard to 14-yard tandem dump trucks and 20-yard tandem trailers. This contract will be used to supplement our fleet in the hauling of spoil materials, gravel, concrete, asphalt, and other materials as needed. RECOMMENDA TION Award to Hickory Creek Haulers, LLC in the annual estimated amount of $56,000. PRINCIPAL PLACE OF BUSINESS Hickory Creek Haulers, LLC Denton, TX ESTIMA TED SCHEDULE OF PROJECT The contractor agrees to supply trucks, trailers, and drivers within 24 hours of notification. This is an annual agreement that may be extended for additional one-year periods if agreed to by both parties with all prices and conditions remaining the same. FISCAL INFORMATION Several City departments will utilize this bid on an as needed basis and the cost will be charged to the appropriate account at that time. Agenda Information Sheet December 13, 2005 Page 2 Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AIS-3413 Attachment 1 BID #3413 DATE: 11/10/05 ANNUAL CONTRACT FOR TRUCKING SERVICES No. DESCRIPTION VENDOR VENDOR VENDOR Price per hour to haul spoil materials, HMAC, concrete, Hickory Creek Brenda Price Brenda Price gravel, and other materials as required, for different Trucking operations throughout the contract period, excluding fuel. Haulers, Inc. Trucking (Alternative Bid) Principle Place of Business: Denton, TX Azle, TX Azle, TX 1 Per hour, Per Tandem Truck-Minimum 14 Yard Dump $26.80 $30.00 $43.00 2 Per Hour, Per Tandem Trailer-Minimum 20 Plus Yard End $60.00 $39.00 $65.00 Dump Items 3 & 4- Fuel Rate To Operate Above By The Hour 3 Base Fuel Rate Per Hour To Operate Tandem Truck $15.00 $13.00 N/A 4 Base Fuel Rate Per Hour To Operate Tandem Trailer $15.00 $26.00 N/A Shipment can be made in _ days from receipt of order. 3 2 2 Average Wholesale Rate per DFW Oil Price Information $1.9918 Service (OPIS) at bid opening ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR TRUCKING SERVICES FOR THE CITY OF DENTON STREET DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3413-ANNUAL CONTRACT FOR TRUCKING SERVICES AWARDED TO THE OVERALL LOWEST BIDDER, HICKORY CREEK HAULERS, LLC IN THE ANNUAL ESTIMATED AMOUNT OF $56,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3413 1-4 Hickory Creek Haulers, LLC Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3413 ~ Exhibit A BID #3413 DATE: 11/10/05 ANNUAL CONTRACT FOR TRUCKING SERVICES No. DESCRIPTION VENDOR Price per hour to haul spoil materials, HMAC, concrete, Hickory Creek gravel, and other materials as required, for different operations throughout the contract period, excluding fuel. Haulers, Inc. Principle Place of Business: Denton, TX 1 Per hour, Per Tandem Truck-Minimum 14 Yard Dump $26.80 2 Per Hour, Per Tandem Trailer-Minimum 20 Plus Yard End $60.00 Dump Items 3 & 4- Fuel Rate To Operate Above By The Hour 3 Base Fuel Rate Per Hour To Operate Tandem Truck $15.00 4 Base Fuel Rate Per Hour To Operate Tandem Trailer $15.00 Shipment can be made in _ days from receipt of order. 3 Average Wholesale Rate per DFW Oil Price Information $1.9918 Service (OPIS) at bid opening AGENDA INFORMATION SHEET AGENDA DATE: December 13, 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 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 3432-Electrical Energy Transmission Fees-Lower Colorado River Authority in the total amount of $134,420). BID INFORMATION This item is for an additional "true up" amount to be paid for transmission fees exceeding $25,000 for the time period ending December 31, 2005. Council approved an estimated amount of $134,421 on September 20, 2005. The purchase order is for payment of a fee imposed by the Public Utility Commission of Texas (PUCT) for planned transmission services of energy delivered to the City of Denton. The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay specific amounts to various other electric utilities in the State. Purchase orders provide the City of Denton the authority required by the City Charter to make those payments and encumber funds estimated as costs for services. No funds are actually spent until invoices are received, reviewed, and approved. RECOMMENDA TION Approve payment of electrical transmission fee to Lower Colorado River Authority in the amount of $134,420. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board will consider this item at its December 12, 2005 meeting. PRINCIPAL PLACE OF BUSINESS Lower Colorado River Authority Austin, TX Agenda Information Sheet December 13, 2005 Page 2 FISCAL INFORMATION Funds to meet these regulatory fee obligations were budgeted in 2005-2006 budget account 600400.6072. Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent I-AIS-File 3432 ORDINANCE NO. 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 3432-ELECTRICALENERGYTRANSMISSIONFEES IN THE TOTAL AMOUNT OF $134,420). WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to one listed utility set forth in Exhibit "A": and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the amount of $134,420 to be paid to the listed utility in the specified amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes is hereby authorized. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY ~~ 3-0RD-FILE 3432 Lower Colorado River Authority EXHIBIT A $134,420 AGENDA INFORMATION SHEET AGENDA DATE: December 13,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 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 (H-GAC) for the acquisition of eighteen vehicles for various city departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3437- Interlocal Agreement for Fleet Vehicles with H-GAC awarded to Philpott Ford in the amount of $328,784). FILE INFORMATION This contract is for the acquisition of eighteen motor pool vehicles approved for the General Government Division in the 2005-2006 budget process. Sixteen of the vehicles are motor pool replacements and the other two vehicles (fifteen passenger vans for the Parks Department) are fleet additions. A list and description of the vehicles is shown below. Cat# Description Quant. Pri ce (Ea) Total Department 1 Mid Size Sedan 4 $13,523 $54,092 Police (3) Fire (1) 2 Midsize SUV 1 $20,069 $20,069 Fire 3 Small SUV 2 $18,027 $36,054 Fire 4 1Iz Ton Reg Cab P/U 2 $13,552 $27,104 Parks (1) Traffic (1) 5 % Ton Ext. Cab 4x4 P/U 1 $25,927 $25,927 Airport 6 % Ton Crew Cab P/U 1 $20,618 $20,618 Parks 7 1 1/2 Ton Cab/Chassis 2 $27,528 $55,056 Streets 8 1 Ton Crew Cab/Chassis 1 $26,153 $26,153 Parks W/PTO 9 1 Ton Reg Cab/Chassis 2 $23,011 $23,011 Traffic (1) Parks (1) 10 15 Passenger Van 2 $20,350 $40,700 Parks Total 18 $328,784 All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EP A standards. Agenda Information Sheet December 13, 2005 Page 2 RECOMMENDA TION Award to Philpott Ford in the amount of $328,784 with individual HGAC contract pricing sheets on file in the office of the Purchasing Agent. PRINCIPAL PLACE OF BUSINESS Phil pott Ford Nederland, TX ESTIMA TED SCHEDULE OF PROJECT Delivery can be made within 60-90 days of receipt of an order. FISCAL INFORMATION The acquisition of these units will be funded from a combination of motor pool funds, Certificates of Obligation and 2005-2006 departmental budget funds. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3437 ORDINANCE NO. 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 (H-GAC) FOR THE ACQUISITION OF EIGHTEEN VEHICLES FOR VARIOUS CITY DEPARTMENTS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3437-INTERLOCAL AGREEMENT FOR FLEET VEHICLES WITH H-GAC AWARDED TO PHILPOTT FORD IN THE AMOUNT OF $328,784). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council 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, are hereby approved. FILE NUMBER VENDOR AMOUNT 3437 Phil pott Ford $328,784 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, 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 attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by 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 H-GAC, 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 items, 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-File 3437 AGENDA INFORMATION SHEET AGENDA DATE: December 13,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Jon Fortune Ii SUBJECT Consider adoption of an Ordinance 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 (H-GAC) for the acquisition of closed circuit television camera system for the City of Denton Wastewater Collection Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3435-Interlocal Agreement for Closed Circuit Television Camera System with H-GAC awarded to Green Equipment Co. in the amount of $95,597.) FILE INFORMATION The Closed Circuit TV (CCTV) system is used by the Wastewater Collection Department to determine the condition of existing sewer lines by pulling a camera thru the sewer line. The CCTV inspection literally provides the true picture of the condition of the sewer line and allows reasonable decisions to be made regarding rehabilitation options. The existing CCTV system used by the Wastewater Collection Department is 17 years old and is beyond the productive useful life. Thru last year the City was completing wastewater system rehabilitation proj ects mandated by the EP A Administrative Order. During this period, the majority of the CCTV inspection was done thru contract with the Engineering Consultants. During this period the purchase of the CCTV system was postponed to allow use of staff time for in-house construction and completion ofEPA mandated projects. The CCTV system is needed now, as the old system experiences frequent breakdowns. The Purchasing Department has obtained the H-GAC Contract Price for purchase of the CCTV system from the low qualified bidder, Green Equipment Co., Fort Worth, Texas. The CCTV equipment meets all the requirements of the wastewater collection system. The H-GAC Contract Price from Green Equipment Co. is for $95,597. The additional cost allows the purchase of a new generation of more agile and maneuverable camera, and the addition of WINCAM software for data and digital recording and storage on DYD and thus on the City intranet, instead of the old format VHS tapes. Agenda Information Sheet December 13, 2005 Page 2 PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board will consider this item at its December 12, 2005 meeting. RECOMMENDA TION Award to Green Equipment Co. in the amount of $95,597. PRINCIPAL PLACE OF BUSINESS Green Equipment Co. Fort Worth, TX ESTIMA TED SCHEDULE OF PROJECT The estimated delivery date is 45-90 days from receipt of the order. FISCAL INFORMATION This item will be funded by Capital Improvements Project account 401000.1355. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: H-GAC Contract Pricing Sheet 1-AIS-File 3435 Attachment 1 ~ CONTRACT PRICING WORKSHEET for MOTOR VEHICLES In The State Of Texas This Form must be prepared by Contrador, andprovided to End User to attach to Purchase Order, with copy to H-GAC. The H-GAC fee shall be calculated and shown as a separate line item Buying City of Denton Contractor: Green Equipment Company Agency: Contact Gary Meyers 1 Torn Shaw Jimmy Fougerousse Person: Prepared By: Phone: 940-349-8913 Fax 940-349-7133 Phone: 817-247-5039 Fax 817-284-1107 Location City, Denton, Texas Contract No.: S101-04 State: Date: 10/24/2005 Product Code: BCA Product A. Item Base Unit Price Per H-GAC Contract: A: 90,989 B. Published Options (Itemize below and attach additional sheet(s) if necessary) Code Description Cost Code Description Cost Subtotal From Additional Sheet(s): Subtotal B: Note: Published OptIOns are optIOns submitted with the contractor's bid. C. Unpublished Options (Itemize below and attach additional sheet(s) if necessary) Code Description Cost Code Description Cost 7x12 Custom Trailer 4000 Set of Small Grease Wheels 1100 Tyger Tail 65 HD Small Elevator Kit 608 Pendant Junction Box 508 HD Medium Elevator Kit 715 Control Unit - Pendant Cable 215 33 kHz Location Transmitter 1200 Pendant Controller 711 MPEG 1 Module ( Digital Package) 5500 13" Monitor ( 1 Included in build out) 775 Subtotal From Additional Sheet(s): Subtotal C: 15,397 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction, the percentage is: 17% D. Other Price Adjustments (E.G. Installation, Freight, Delivery, Etc.) Delivery 0 No HP Printer -600 No Road Tool Kit -560 Trade Arrow Board for Strobe -850 No Bimini Top (Work Area Awninig) -669 Trade VCR for DVDI VHS Recorder -515 No 15" Monitor -775 Build Out Adjustment Subtotal D=I -8561 (12,530)1 IE. Unit Cost ofItem Before Fee & Non-Equipment Charges (A+B+C+D) 93,856 IQuantity Ordered X 1 Subtotal E: 93,856 F. H-GAC Fee Calculation (From Current Fee Tables) Subtotal F: 1740.78 G. Non-Equipment Charges (Trade-In, Extended Warranty, etc.) Subtotal G: (Please Type, or Print Legibly) Estimated Delivery Date: 45-90 Days EXHIBIT 1 ORDINANCE NO. 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 CLOSED CIRCUIT TELEVISION CAMERA SYSTEM FOR THE CITY OF DENTON WASTEWATER COLLECTION DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3435-INTERLOCAL AGREEMENT FOR CLOSED CIRCUIT TELEVISION CAMERA SYSTEM WITH HGAC AWARDED TO GREEN EQUIPMENT CO. IN THE AMOUNT OF $95,597.) WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council 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 items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3435 Green Equipment Co. Exhibit A 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 attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by 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 H-GAC, 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 items, 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-File 3435 AGENDA INFORMATION SHEET AGENDA DATE: December 13,2005 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8044 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 (H-GAC) for refuse cart assembly for the Solid Waste Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3439-Interlocal Agreement for Refuse Cart Assembly with H-GAC awarded to Rehrig Pacific Company in the amount of $2.79 per container, not to exceed $37,428, including the H-GAC administrative fee). FILE INFORMATION This purchase is for the assembly and distribution of approximately 13,200 ninety five-gallon refuse containers. The fee of $2.79 per container includes assembly, delivery to the subscriber customer, recording serial numbers, and attaching information packets, for a maximum of 13,200 refuse containers. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved the purchase of 5184 carts in October 2005, 2592 carts in September 2005, 3816 carts in July 2005, and 3072 carts in June 2005. The 5184 carts on order and the others in stock make up the 13,200 carts to be delivered and will also leave some stock on hand. The Public Utility Board will consider this item at its December 12, 2005 meeting. RECOMMENDA TION Award to Rehrig Pacific Company in the amount of $37,428. PRINCIPAL PLACE OF BUSINESS Rehrig Pacific Company Dallas, TX ESTIMA TED SCHEDULE OF PROJECT Delivery of carts will begin on January 19, 2006 and continue until February 4, 2006, or until completed. Agenda Information Sheet December 13, 2005 Page 2 FISCAL INFORMATION This item will be funded from accounts 660038584.1360.30100 and 660038585.1360.30100. Attachment 1: H-GAC Contract Pricing Sheet 1-AIS-File 3439 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 ~ CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Date Prepared: 11/21/2005 Buying Agency: Contact Person: : City of Denton :Karen Smith Contractor: Prepared By: :Rehrig Pacific Company :Zach Martin Phone: :(940) 349-8436 Phone: Fax: Fax: :(214)292-4709 :(214) 638-7477 Contract ~Form E Manufacturer's Options Pricing o o o o o o o o o o o Quan 13,200 Description Assembly and Distribiution of Roll Out carts to residents of The City of Denton Unit Pr $2.79 Total $36,828.00 o o o Total From Other Sheets, If Any: Subtotal B: $36,828.00 1.5% Subtotal D: o ORDINANCE NO. 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 (H-GAC) FOR REFUSE CART ASSEMBLY FOR THE SOLID WASTE DIVISION BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3439-INTERLOCAL AGREEMENT FOR REFUSE CART ASSEMBLY WITH H-GAC AWARDED TO REHRIG PACIFIC COMPANY IN THE AMOUNT OF $2.79 PER CONTAINER, NOT TO EXCEED $37,428, INCLUDING THE H-GAC ADMINISTRATIVE FEE). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council 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 items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3439 Rehrig Pacific Company Exhibit A 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 attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by 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 H-GAC, 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 items, 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-File 3439 AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2005 DEPARTMENT: Transportation Operations Howard Martin, 349-8232 .. ACM: SUBJECT Consider the adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date (TxDOT Project No.: AM2006DNTON; and TxDOT CSJ No.: M618DNTON). The Airport Advisory Board recommends approval of the grant agreement 6-0. BACKGROUND On February 18, 1997 the City of Denton entered into an Agreement with the Texas Department of Transportation (TxDOT), Aviation Division known as the Routine Airport Maintenance Program (RAMP). The RAMP grant provides for a fifty percent (50%) State-funding match with the local government sponsor. The grant has a cap of $30,000 of State assistance. This is an increase of $20,000 over the original 1997 RAMP grant. The Denton Airport budget has $30,000 in matching funds for a total of $60,000 to be applied toward Airport maintenance projects. Airport Staff has identified several projects that could be completed with this grant. These projects are listed in Attachment A of the grant agreement. ESTIMA TED SCHEDULE OF PROJECT TxDOT is requesting two signed agreements be returned expeditiously. The State must approve its share of funding prior to the start of any proj ect. TxDOT has requested that all projects be completed by August 31,2006. PRIOR ACTIONIREVIEW The Airport Advisory Board recommends approval of this grant agreement 6-0. The City Attorney's Office has reviewed and approved this ordinance. FISCAL INFORMATION The City's fifty percent (50%) match of $60,000 is $30,000. Funds have been authorized for the RAMP grant in the 2005-2006 Airport budget. EXHIBITS 1. Ordinance 2. TxDOT Grant Agreement Respectfully submitted: ~. . .~....... .~.~>/.m . . . . . .. . . . . . .. . . .. . Mark Nelson Chief Transportation Officer S:\Our Documents\Ordinances\05\2 - ORD Ramp Z005.DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE (TxDOT Project No.: AM2006DNTON; AND TxDOT CSJ No.: M618DNTON). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SFrTTON 1 The City Manager ofthe City of Denton, or his designee, is hereby authorized to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routine Airport Maintenance Program, a copy of such grant being attached hereto and made a part hereof for all purposes (the "Grant Agreement"). SRrnON 2. The City Manager is hereby authorized to expend such funds as are provided for in the Grant Agreement and to take all actions necessary to implement the Grant Agreement. SRrnON 1 This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM:: EDWIN M. SNYDER, CITY ATTORNEY BY: .7~hll ~/Lif EXHIBIT 1 TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2006DNTON TxDOT CSJ No.: M618DNTON Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "Statell), on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code, Chapter 21. The project is for airport maintenance at the Denton Municipal Airport. Part II - Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exc1usively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount E, will be for fifty percent (50%) of the eligible project costs for this project or $30,000.00, which ever is less, per fiscal year and subject to availability of state appropriations. The Sponsor may request the State to provide mowing services, services to be provided at the discretion of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of costs of any mowing servIces. Page 1 of 12 A VN4301.DOC (9/2006) EXHIBIT 2 Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state fimds, to include additional approved airport maintenance work. Scope amendments require subrnittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2006, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun witllln the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-I. Page 2 of 12 A VN430] .DOC (9/2006) 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. The State will not participate III funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III - Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and C. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a trthrough-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and Page 3 of12 A VN4301.DOC (9/2006) g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and 1. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another. fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and J. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use ofland adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State1s agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor1s agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or Page 4 of 12 A VN430! .DOC (912006) liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation ofproject costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the States contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the City and/or County. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All. reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. Page 5 of 12 A VN430 I.DOC (9/20D6) PART IV - Nomination of the Agent I. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perfonn the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; c. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT 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. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V - Recitals I. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Page 60f12 A VN4301.DOC (9/2006) 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any fmancial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7 of 12 A VN430 1.DGe (9/2006) Part VI - Acceptances Sponsor The City of Denton, Texas, does ratifY and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of ,20~ City of Denton. Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Attorney I, Herb Prouty , acting as attorney for City of Denton. Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance ofthe Grant, and find that the marmer of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at , Texas, this day of ;20~ Witness Signature Witness Title Page 8 of12 A VN430 I.DOC (9/2006) Acceptance of the State Executed by 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 and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 9 of 12 A VN4301.DOC (9/2006) Attachment A Scope of Services TxDOT CSJ No.:M618DNTON PAVEMENTS GENERAL MAINTENANCE PAVEMENT MARKINGS GRADING/DRAINAGE MISCELLANEOUS $22,300.00 $0.00 $0.00 $0.00 $37,700.00 $11,150.00 $0.00 $0.00 $0.00 $18,850.00 $11,150.00 $0.00 $0.00 $0.00 $18,850.00 Total $60,000.00 $30,000.00 $30,000.00 Accepted by: City of Denton, Texas Signature Title: Chief Transportation Officer Date: Notes: (explanations of any specifications or variances as needed for above scope items) PAVEMENTS - Sponsor to contract for repair/resurface Sabre Lane. Aeronca, Taxiway Charlie, prepare culverts, flatwork and stub plumbing for maintenance yard pad site MISCELLANEOUS - Sponsor to contract for professional services for DTO.SPCC. construction of maintenance building, maintenance for Mirra Recorder, Tower equipment, purchase FOD Boss sweeper. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 A VN4301.DOC (9/2006) CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M618DNTON The City of Denton does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Denton. Texas (Sponsor) ~- L2~ By: .... .~" · Diana G. rtlz ~ Title: Chief Financial Officer Date: November 28. 2005 Page 11 of 12 A VN4301 .DOC (912006) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M618DNTON The City of Denton designates, Mark Nelson, Chief Transportation Officer (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf ofthe Sponsor. City of Denton, Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: 5000 Airport Road Denton, Texas 76207 Overnight Mailing Address: Same as above Telephone/Fax Number: 940-349-7702 Email address(ifavailable):manelson(CV.cityofdenton.com Page 12 of 12 A VN4301.DOC (9/2006) AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2005 DEPARTMENT: Airport and Transportation_Orations Howard Martin, 349-8232' . ACM: SUBJECT Consider the adoption of an ordinance approving the termination of that certain lease of Airport property between the City of Denton, Texas, and Aero Properties of Denton, Ltd.; authorizing the City Manager to execute a First Amendment to that certain Fixed Based Operator Airport Lease Agreement between the City of Denton, Texas, and BAM Denton Management Ventures, LLC to include approximately 1.56 acres of the property within the terminated lease of Aero Properties of Denton, Ltd. and making certain other amendments to that lease agreement; and providing an effective date. The Airport Advisory Board unanimously recommends approval 6-0. BACKGROUND In April 2005 Dr. Nathan Graves, Managing Partner, Denton Aero Properties Ltd. (Denton Jet) requested that the City of Denton consider the merger of the Denton Jet Fixed Base Operator (FBO) lease agreement with the Business Air Management (BAM) FBO lease. Dr. Graves sited poor performance of the FBO resulting in continued turnover of FBO management at the location. Dr. Graves noted that in the past eight years Denton Jet was the sixth company to manage the FBO lease and/or associated improvements. Denton Jet and BAM have agreed to terms to merge the two FBOs. The proposed merger will require BAM to lease 1.56 acres currently under lease with Denton Jet. Approximately 58,000 square feet of additional property will also be leased by BAM as part of the proposal. The current Denton Jet lease expires in May 2027. The proposed amendment will extend the lease on Denton Jet's 1.56 acres by approximately seven and one-half years to December 2034. The lease rate will be increased from $0.07 per square foot to $0.0928 per square foot, which is the current rate BAM is charged for their leasehold. Additional rate increases in 2019 and 2027 on the Denton Jet portion of the lease have been included for consideration of the lease extension. This proposed expansion of the BAM lease will allow BAM to more efficiently utilize the Airport improvements to encourage corporate aircraft activity. BAM has indicated that the recently remodeled offices will be marketed to corporate flight departments, aircraft completion centers and to aircraft sales departments. Staff anticipates the successful implementation of Business Air Management's business plan for this facility will assist in achieving goals set forth in the Denton Airport Council Outcome Statement, specifically"... a first class Aviation Center that serves as the home for corporate aircraft from the North Texas Region..." PRIOR ACTIONIREVIEW The Airport Advisory Board recommends approval of the merger through the cancellation of the Denton Jet lease and the amendment to the BAM lease. The City Attorney's Office has reviewed the amendment and prepared the ordinance. FISCAL INFORMATION The current Denton Jet lease agreement generates $578 monthly or $6,937 annually. The proposed cancellation of the Denton Jet Lease and amendment to the BAM lease will generate approximately $974 monthly or $11,688, an increase of $4,751 annually. EXHIBITS 1. Ordinance 2. Lease Amendment Respectfully submitted: ~.... ..4 /~./7./ 1t66 ~ ~ . .. . Mark Nelson, Director Chief Transportation Official S:\Our Documents\Ordinances\05\BAM Ordinance 120205.doc ORDINANCE NO. AN ORDINANCE APPROVING THE TERMINATION OF THAT CERTAIN LEASE OF AIRPORT PROPERTY BETWEEN THE CITY OF DENTON, TEXAS, AND AERO PROPERTIES OF DENTON, LTD.; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN FIXED BASED OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND BAM DENTON MANAGEMENT VENTURES, LLC TO INCLUDE APPROXIMA TEL Y 1.56 ACRES OF THE PROPERTY WITHIN THE TERMINATED LEASE OF AERO PROPERTIES OF DENTON, LTD. AND MAKING CERTAIN OTHER AMENDMENTS TO THAT LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 6,1997, the City of Denton, Texas, ("City") entered into a Airport Lease Agreement with Ezell Aviation, Inc., ("Ezell"), approved by Ordinance No. 97-132, which Lease was amended by that certain First Amendment to Airport Lease Agreement dated December 8, 1998, as approved by Ordinance No. 98-431 and which was further amended by that certain Second Amendment, ("Second Amendment") to the Lease which was effective on June 1, 2003 and approved by Ordinance No. 2003-230, which Lease was partially assigned from Ezell to Dalton Family Partnership, Ltd. (Dalton) on December 16,2003, and on December 7, 2004, the leasehold interest was assigned from Dalton to Aero Properties of Denton, Ltd. which assignment was approved by Ordinance 2004-379; (hereinafter collectively referred to as ""the Aero Properties Lease"); and WHEREAS, both the City of Denton and Aero Properties of Denton, Ltd. wish to terminate the Aero Properties Lease; and WHEREAS, the City and BAM Denton Management Ventures, LLC wish to amend that certain Airport Lease Agreement Fixed Base Operator with BAM Denton Management Ventures, LLC approved by Ordinance No. 2004-380 on December 7,2004 (hereinafter referred to as "BAM FBO Lease") to include 1.56 acres in the terminated Aero Properties Lease in the leased area in the BAM FBO Lease and also to add approximately 58,000 square feet of apron area to the leasehold and to make certain other amendments to that Lease; and WHEREAS, the City Council deems it in the public interest to terminate the Aero Properties Lease and to amend the BAM FBO Lease; 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 Aero Properties Lease, as described above, is hereby terminated and the City Manager or his designee is hereby authorized to notify the Lessee, Aero Properties of EXHIBIT 1 S:\Our Documents\Ordinances\05\BAM Ordinance I20205.doc Denton, Ltd. of the termination in accordance with the requirements of the Lease and to take all actions necessary to effectively terminate this Lease. SECTION 3. The City Manager or his designee is hereby authorized to execute a First Amendment to the BAM FBO Lease with BAM Denton Management Ventures, LLC to add approximately 1.56 acres of property in the terminated Aero Properties Lease and to make other amendments contained in the First Amendment, substantially in accordance with the First Amendment to the BAM FBO Lease that is attached and made a part of this Ordinance for all purposes. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER CITY ATTORNEY BY: Page 2 of2 S :\Ou r Documents\Contracts\05\BAM Amendment Final Rcdline 05.doc FIRST AMENDMENT TO THE AIRPORT LEASE AGREEMENT FIXED BASED OPERATOR WITH BAM DENTON MANAGEMENT VENTURES STATE OF TEXAS g S ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON This First Amendment is made executed to be effective as of the day of December, 2005 to that certain Airport Lease Agreement Fixed Base Operator between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor" and BAM Denton Management Ventures, LLC, a Texas limited liability company, hereinafter referred to as "Lessee" which was executed to be effective as of the 15th day of December, 2004, hereinafter referred to as "Base Lease". WITNESSETH: WHEREAS, the Lessor has terminated that certain Lease Agreement as amended originally made and entered into as a result of Ordinance No. 97-132 on May 6, 1997 with Aero Properties of Denton, Ltd.; and WHEREAS, the Lessor and Lessee wish to amend the Base Lease to add approximately 1.56 acres of the area that was under lease to Aero Properties of Denton, Ltd. to the Base Lease and make certain other changes to the Base Lease; NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree to amend the Base Lease as follows: SECTION I. Section IT - Leased Premises, Subsection A - Land is hereby amended to read as follows: A. Land. The same tract or parcel of land leased to Lessee under the Existing Lease (9.1 acre and 33,810 square foot parcel- Base Lease) identified on Attachment A, together with the improvements thereon, along with approximately 1.56 acres of the land and improvements formally under Lease to Aero Properties of Denton, Ltd., which is more particularly described in Exhibit A and identified as Tract A, attached hereto and incorporated herein by reference, and an additional approximate 58,000 square feet of improved apron area identified as Tract A-2 which is described on Exhibit B (the "Leased Premises"). Together with the right of ingress and egress to the Leased Premises; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee1s employees, passengers, patrons and invitees. For purposes of this Agreement, the tenn "Leased Premises" shall include leasehold improvements constructed by the Lessee, but not including certain easements or EXHIBIT 2 S:\OIlT l){)cllrncnI5\Contract~\05\BAM Amendment Final Redline 05.doc property owned and/or controlled by the Lessor. Provided, however, included herein is a blanket ingress and egress easement over, on, and across Tract A that is reserved for Ezell Aviation, Inc. (such easement shall be along the existing taxiway belonging to Lessor where such taxiway crosses over Tract A) (the "Easement") for free and uninterrupted ingress and egress to and from Tract B and Tract D of the Ezell Aviation, Inc. (Ezell Aviation), Airport Lease Agreement. The duration of the Easement is for the length of the Airport Lease by and between Lessor and Ezell Aviation, or its successors and assigns, regardless of any language to the contrary pursuant to previous assignments and partial assignments involving Ezell Aviation. Lessee, its successors and assigns, guests or invitees have the right to continue to use and enjoy the surface of the Easement for all purposes that do not interfere with or interrupt the use and enjoyment of the Easement by Ezell Aviation or its successors and assigns. To the extent they are responsible for the maintenance of the Easement, the Lessee and Ezell Aviation will each be responsible for the payment of 50 percent of the maintenance costs of the Easement on Tract A. Lessee or Ezell Aviation will provide a legal description of the Easement within 60 days from the execution of this Lease. A legal description of expanded lease area, Tract A-2 is not currently attached to this Lease Agreement. Lessee shall deliver to Lessor no later then 30 days after the effective date of this Agreement a legal description of Tract A~2 accurately describing same that is acceptable to Lessor. If Lessee fails to do so, Lessor at its option may tenninate this Agreement as to expanded property added to the Base Lease, in which case it will have no further force and effect. The approved legal description will be attached to this Agreement as Exhibit lie'. SECTION 2. Section II - Leased Premises, Subsection D - Improvements Provided by Lessee of the Base Lease is hereby amended by adding a section entitled II.D.3 which shall read as follows: ILD.3. Mitigation of Fuel Storage Facility. Le'ssee will remove and mitigate the underground fuel storage facility, associated pumps and plumbing located on Exhibit A, Tract A, Lessee shall be responsible for all permits, fees and/or associated costs for the removal of the system in accordance with all local, state and federal regulations and requirements including, without limitation, those of the Texas Commission on Environmental Quality and coordinate all appropriate reports with the Commission SECTION 3. The lease rate for the additional property identified in Exhibit A, B, and/or C will be $0.0928 per square foot as set forth in Section IV.A. - Land Rental of the Base Lease. SECTION 4. The additional property identified in Exhibits A, B, and/or C from execution of tbis amendment until December 14, 2009 shall have an annual rent of $0.0928 per square foot as outlined in N. A. Land Rental in the Base Lease. The lease rate on the property identified in Exhibits A, B, and/or C December 15, 2009 - December 14,2019 shall receive the Page 2 of4 S:IOur DocumcntslConlrnclsl05\BAM Amendment FiMl Redline 05.doc annual cpr adjustments in accordance with Section H.C, of the Base Lease. The additional property identified in Exhibits A, B, and/or C from December 15, 2019 - December 14, 2027 shall receive an increase of $0.05 per square foot and receive annual CPI adjustments in accordance with Section II.C. The additional property identified in Exhibits A, B, andlor C from December 15,2027 - December 14,2034 shall receive an increase of $0.03 per square foot and receive annual cpr adjustment in accordance 'Nith Section II.C. SECTION 5. The additional property identified in Exhibits A, B, and/or C will receive and enjoy the same terms and conditions outlined in paragraphs Dl and D2 of the Section IV - "Payments, Rentals and Fees" of the Base Lease and Section V, Rights and Obligations of Lessee, SECTION 6. Save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of the Base Lease shall remain in full force and effect and shall fully apply to the additional property and improvements and expanded Leased Premises resulting from this First Amendment of the Base Lease. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the effective date first above written, CITY OF DENTON, TEXAS, LESSOR BY: MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYDER, CITY ATtORNEY BY: fild-?41 BAM DENTON :MANAGEMENT VENnlJRES,LLC,aTe~lmured liability company ~~~ . DO ON:~PRESIDENT Page 3 of 4 S:IOur lJocLlmentslContractsl05\BAM Amendment Final Redline 05.doc ACKNOWLEDGMENTS THE 8T A IE OF TEXAS 9 ~ COUNTY OF DENTON This instrument was acknowledged before me on the _ day of , 2005, by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of said municipality. NOTARY PUBLIC, STATE OF TEXAS THE STATEOF TEXAS S COUNTY OF DENTON ~ This instrument was acknowledged before me on. the ~ day of /)fli'!.t.n/ b t!'. R, 2005 by Damon Ward, President, BAM Denton Management Ventures, LLC, a Texas limited liability company, Oil behalf of said company. .~.":--(" ..~~.. ..!~t) ..' t ~~" W'~ -';'''iJ+'\\.~ "lfi,':, JULIE ANN MULLINS Notary Public. State of Texu My Commlnlon ExpI,.. May 27. 2009 c;;JdM Lm~ N AR Y PUBLIC, STATE OF TEXAS Page 4 of 4 '" o ,..,s i~s ~~~ C')~.-' ~~~ ,.00 0"'0 '"'~'" ",e;- "'0 l1'- .... o z I ~ ~ ) ;r;!.:. Z :!:;' ::, CD'" ~I.D LO . c.DlJI . OJ .j>o. . ---.lr-J -~ ::f Attachment A .~ ~ ~ --.j ~-....J ~m ~::t> po ~:D m (f) fTl cP r-JI.D ocn .m o - Or-J .~ ~ (f) o ~q ~O o -P-. 0_8 .~ fTl !: ~ , '" x Vi :::; z C1 ~ VI '" ,. :n ~ '- "'ETAl HANGER, o < ;< ~ bg~() Z".,,,,~ n'Ovro 0:00...,., co".,'" ZO' 0 --IO-of'!"'l ."""::0> z 0".... .....f1nI'T'O ~- ~Z '- ASPW.L T ""'- ~ EDZ <J)l'\ --\- AJ\ )>\J) n c -\-:::0 z.< O~ tD --.l o :l> :0 lJ o JJ --l :0 o :t> o z.. 0\/08 H~N\ft:l8 H~Y 34221 O~i23i05 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE iii! NEIL SURVEY r,eSTRACT NUMBER 970. CITY OF DENTON. DENTON COUNTY. TEXAS AND BEING A PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON. RECORDED IN VOLUME 305. PAGE 216 DEED RECORDS DENTON COUNTY TEXAS. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF LOT 1 o LOer: I SOUTHEAST AIRPORT ADDITION. AN ADDITION TO THE CiTY OF DENTON DENTOh! COUNTY TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IfJ ':MiINFT G PI''''!-~ 295 PLAT RECORDS DENTON COUNTY TEXAS rHENCE NORTH 89 DEGREES 56 MINUTES 21 SECOI~DS WEST WITH THE N0H I H lll~L OF SAID LOT 1. A DISTANCE OF '19947 FEET TO A SET I/T IRON PII-.J AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT. THENCE NORTH 89 DEGREES 56 MINUTES 21 SECONDS WEST. A DISTANCE OF 21000 FE ET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED .'METRQPLEX 1849": THENCE NORTH 00 DEGREES 04 MINUTES 02 SECONDS WEST A DISTANCE OF Irs.! 00 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STM'1PED l.ilETROPLEX 1849". THENCE SOUTH 89 DEGREES 56 MINUTES 21 SECONDS cAST. A DISTANCE OF 210 no FEET TO A H21NCH IRON PIN SET WITH A YELLOW PLASTIC CAP ST.AMPED "IV1ETROPLEX 1849". THE~JCE SOUTH DO DEGREES 04 MINUTES 02 SECONDS EAST. A DISTANCE OF 11'\1 (10 FEET TO AI /2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP $1 AMPED "lJ1ETROPLEX 1849" AT THE POINT OF BEGINNING AND CONTAINIi'IG It-! ALL 0 no ACRE~, OF LAND NOTES DME" DENTON MUNICIPAL ELECTRIC THIS SURVE',' WAS MP.oE WITHOUT THE BENEFIT OF A TITLE COMMITMENT THERE 1.!lAY BE SETBACKS OR EASEMENTS AFFECTING THE SUBJECT PROPERTY i\J()T :;~iOiNN HEREON BEARI NGS BASED ON GPS DBSERVA TIONS D!\ TED MAI'((:I-i 2? 200') 8Y GRAPHIC PLOTTING ONLY. THIS PROPERTY IS WiTf-iII,j ZONE 'je. AREAS DETERMINED TO BE OUTSIDE OF A DESIGNATED 100 YeAR OR 500 YEAR FLOODPUW~ AS SHOWN BY FIRM MAP COMMUNITY. PANEL NUMBER 48121C0355 F. DATED loJ1ARCH 30. 1998. NO SURVEYING WAS PERFORMED TO DETERMINE THIS FLOOD ZONE SURVEYOR'S CERTIFICATE I BRAD G SHELTON. DO HEREBY CERTIFY THAT A SURVEY WAS rv1ADE ON THE GROUND THIS 21st DAY OF APRIL. 2005 OF THE PROPERTY DESCRIBED HEREON AND THERE ARE (VISI8LE) ENCROACHMENTS. P USIONS. OR OVERLAPPING OF IMPR MENT. EPT AS WN N G SHEL T REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS NO 5452 Exhibit A DETA ~ ~(I.......""" .~. -z;. ~ ~. .... <D~ :i: ~.-...&.IPJoWolG <J' '-" ... ..,:; ...... DET ^I~ I'"' ~ ""' '" o 0 o 0 '(71 (n <D. !D. POINT OF \ BEGINNING TRACT C ." ~",";:.'-iI., \ e. '--~-~lc051.1 \ -.' s . ;R~:~~. \ .'[MJI'J(> I ~I-ION PI t~ z o '" c.: ~ ",.po ~ ~: ~"" i. ruu....o I T 'AONP.... o '" o o 0_ ~o "" : '" ,((T .00 .50 .K.... lNA.S TRACT A 12/29/03 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 74.94 ACRE TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 304, PAGE 503, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A PK NAIL SET IN ASPHALT AT THE SOUTHEAST CORNER OF SAID CITY OF DENTON TRACT; THENCE NORTH 02 DEGREES 32 MINUTES 44 SECONDS WEST WITH THE EAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 1000.00 FEET TO A 1/2 INCH IRON PIN FOUND AT AN ANGLE POINT IN THE EAST LINE OF SAID CITY OF DENTON TRACT; THENCE SOUTH 70 DEGREES 58 MINUTES 27 SECONDS WEST, A DISTANCE OF 178.85 FEET TO A 5/8 INCH IRON PIN FOUND; THENCE SOUTH 76 DEGREES 32 MINUTES 40 SECONDS WEST, A DISTANCE OF 530.00 FEET TO A 1/2 INCH IRON PIN FOUND; THENCE NORTH 13 DEGREES 28 MINUTES 49 SECONDS WEST, A DISTANCE OF 128.00 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW Pu\STIC CAP STAMPED METROPlEX 1849 AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 13 DEGREES 28 MINUTES 49 SECONDS WEST, A DISTANCE OF 531.94 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 76 DEGREES 31 MINUTES 11 SECONDS EAST, A DISTANCE OF 95.19 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE SOUTH 13 DEGREES 28 MINUTES 49 SECONDS EAST, A DISTANCE OF 240.00 FEET TO A "X" SET IN CONCRETE; THENCE NORTH 76 DEGREES 31 MINUTES 11 SECONDS EAST, A DISTANCE OF 59.33 FEET TO A "X" SET IN CONCRETE; THENCE SOUTH 13 DEGREES 28 MINUTES 49 SECONDS EAST, A DISTANCE OF 292.00 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE SOUTH 76 DEGREES 32 MINUTES 19 SECONDS WEST, A DISTANCE OF 154.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 1.560 ACRES OF lAND. \ ( !r j ~ (J) I: I I I d ~ ~! i j: ~ i - 51 ~. l' r !J ~ ... ::! , ,) B I I ~ir IG.i "'"!~ J I ) --""_Ir -......... -." "'-, \ IX :c i i~ w ,<, 10 : IE: : a. :~ I I ir I ! (II. l> I CD' .'" ! i ! -' ~ "" .1 \ I I I , , I j I ......... Iq :JC / / .-/ /'-,. :. , '. / '" ~~. ;"'., ' , , ~ ~ \~ .~"~ , . '. \, . ' /"i'i'.' '.,..' r-i I 9 I L_--1 '-I I g I L. ___ ._J I-j I ~ ! ..L _ --1 \ /..,~:~- I . F - \ \ ! l - -.... o <>> t.O 11 -' 0'> <0 I' , 1: I ....."~-\..~>". -00111 i " I .' I ! r' --.. -1 : I ...... II j 8 -...--1 L. __-1.1 r-~ I ~ I AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2005 DEPARTMENT: Transportation Operations Howard Martin, 349-8232 .. ACM: SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas approving a Letter Agreement between the City of Denton, JVC Real Estate, L.L.C. and First United Bank and Trust Company; and providing an effective date. The Airport Advisory Board recommends approval of the Letter Agreement 6-0. BACKGROUND First United Bank and Trust Company (First United) is proposing to make a loan in the amount of $880,000 to JVC Real Estate (JVC) for the construction of hangar improvements on the Denton Airport. The proposed Letter Agreement clarifies the interpretation of the current lease agreement with JVC and will modify default procedures of the standard airport Lease Agreement by requiring the City to also notify First United in the event of a lease cancellation or default. The Letter Agreement will permit First United to cure any default, assume the rights and obligations of the lease and present an acceptable replacement lessee so long as First United maintains monthly rental payments. It will subordinate the Lessor's (City's) lien should a default occur as long as monthly rent is paid or cured by Lessee or Lender. The Letter Agreement will require the Lessee to pay for administrative costs associated with the cancellation and default of the lease as well as require a $500.00 fee for the assignment or transfer of the lease. Airport and legal staff have negotiated terms of the Letter Agreement that will reduce the potential impact should a default occur and believe the proposed amendments are acceptable due to the creation of a standard letter agreement format that is based on caliber of development and economic benefits of prospective developers. OPTIONS I. Approve the proposed Letter Agreement. II. Do not approve the proposed Letter Agreement. II. Provide staff with additional direction. RECOMMENDA TION The Airport Advisory Board voted 6-0 to recommend approval of the Letter Agreement. Airport Staff recommends approval of the Letter Agreement as presented. ESTIMA TED SCHEDULE OF PROJECT The Letter Agreement would become effective upon City Council approval and continue through the term of the lease, 20th day of September 2034. 1 PRIOR ACTIONIREVIEW The Airport Advisory Board reviewed the proposed letter agreement at the November 17, 2005 Airport Board Meeting and voted 6-0 recommending the City Council accept the proposed Letter Agreement. The City Attorney's Office reviewed and prepared the Letter Agreement. FISCAL INFORMATION The letter agreement would require a $500.00 fee for any future assignment or transfer of the lease and will require lessee to pay administrative and attorneys fees resulting form any cancellation, assignment or replacement lessee. EXHIBITS 1. Ordinance 2. Letter Agreement Respectfully submitted: ~U~. . . . . . . . . . . . . .. ........... .......~... . ... . . . . . . . .. .. . . . . .. . . Mark Nelson Chief Transportation Officer 2 , ..-~ ... )0", S;\Our Documents\Ordinances\05\JVC Letter Agr.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A LETTER AGREEMENT BETWEEN THE CITY OF DENTON, JVC REAL ESTATE, L.L.C. AND FIRST UNITED BANK AND TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 21, 2004 the City of Denton, Texas (hereinafter the "City") entered into that certain Airport Commercial Operators Lease Agreement with JVC Real Estate, L.L.C. ("JVC") at the Denton Municipal Airport dated September 21, 2004 ("Lease"); and WHEREAS, NC has requested the City to enter into a Letter Agreement ("Agreement") with it and First United Bank and Trust Company ("First United Bank") to facilitate the financing of improvements to be constructed by NC under the Lease; and WHEREAS, at its meeting of November 17, 2005 the Airport Advisory Board recommended that the City Council approve the Agreement; and WHEREAS, the City Council deems it in the public interest to enter into a Agreement with NC and First United Bank, which will amend the Lease and will further facilitate the financing of the improvements to be constructed by JVC under the Lease; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an Agreement between the City of Denton, JVC and First United Bank that will amend the Lease, substantially in the form of the Agreement which is attached to and made a part of this Ordinance for all purposes. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~I (~ EXHIBIT 1 LEITER AGREErvrnNT Effective Date: December ,2005 First United Bank and Trust Company 1517 Centre Place Drive, Suite 100 Denton, Texas 76205 NC Real Estate, L.L.c., a Texas Limited Liability Company 1424 Gables Court Piano, Texas 75075 RE: The Airport Lease Agreement - Commercial Operator - dated September 21, 2004 (the "Lease") between the City of Denton, Texas, a municipal corporation, (the "Lessor), and NC Real Estate, L.L.c., a Texas Limited Liability Company, (the "Lessee"), and all extensions and modifications thereof and future amendments thereto, covering the property described in Exhibit "A" (the "Project Property") Gentlemen: We understand that First United Bank and Trust Company (the "Lender") is proposing to make a loan to the Lessee in the amount not to exceed $880,000.00 (the "Loan"), the proceeds of which will be used by the Lessee to make certain improvements to the Project Property in connection with construction of hangar facilities at the Denton Municipal Airport, which airport is owned by the Lessor. Notwithstanding anything to the contrary contained in the Lease, this letter shall constitute our agreement and understanding as to the interpretation of the Lease and its application to the rights of the Lender. I . The Lessor represents to Lender and to Lessee that the Lease is not in default, that the Lessor is the owner in fee simple of the premises upon which the Project Property is situated, that the Lease is a valid and binding obligation of the Lessor and that the Lessee has the right to occupy the Project Property under the terms of the Lease. 2. The Lessor hereby consents to the Loan, to be secured by a first lien on Lessee's leasehold interest in the Project Property and a security interest in all personal property of Lessee on the Project Property, (collectively, such liens and security interests, the "Liens"). The Lessor agrees that its landlord liens on the Lessee's personal property shall be subordinate to the Liens of Lender on such personal property. 3. In the event that the Lessor claims a default under the Lease subsequent to the date hereof, the Lessor agrees to send a copy to Lender of any default notice that is required to be sent or is sent to Lessee. The Lessor agrees that Lender shall have the right to cure any default by Lessee under the Lease. EXHIBIT 2 4. In the event the Lease is cancelled or tenninated pursuant to Article VI or Article XIII, or any other provisions of the Lease, or in the event the Lease is rejected in any bankruptcy or other legal proceeding, the Lessor agrees to allow Lender a period of sixty (60) days following such cancellation, tennination or rejection (upon the condition that the Lender pays the Lessor during such period the monthly rental that would be payable had the Lease not been cancelled, tenninated, or rejected) to either (i) assume the rights and obligations of the Lessee under the Lease, or (ii) without becoming liable under the Lease, present to the Lessor a replacement lessee, acceptable to the Lessor in its reasonable approval, for the purpose of reinstating the Lease with the replacement lessee or entering into a replacement lease having tlte same tenns for the balance of the Lease term, In any event, the Liens of the Lender will continue unimpaired until foreclosed or released by Lender, so long as monthly rentals are timely paid. 5. Provided, however, in the event of any cancellation of the Lease, which is not caused by a default of Lessor, an assignment of the Lease or a replacement lessee, the Lessee, Lender, replacement lessee or any assignee or successor in interest to Lessee shall pay all Lessor's administrative costs of such cancellation, assignment or designation of a replacement lessee, including without limitation, all reasonable attorneys fees and Lessor's staff time associated with 1he cancellation, assignment or replacement lessee. In the case of an assignment or transfer of the Lease to a replacement lessee, the Lessee, Lender, replacement lessee or any assignee or successor in interest to Lessee shall pay to Lessor a transfer fee of$500.00. 6. Lessor, Lessee and Lender agree that notwithstanding the provisions oftlte Loan Documents between Lender and Lessee dealing with the control and application of any causality insurance proceeds, that in the event of damage or loss to the Project Property which is covered by insurance , that the insurance proceeds shall be utilized to fully repair any loss or damage to the Project Property and the underlying premises to the condition it was in immediately prior to the event causing the loss or damage for which the insurance proceeds were received. 7. The exercise by Lender of its rights to foreclose any collateral interest in the Project Property and the property of Lessee shall not, itself, be a default under the Lease. 8. To the extent of any conflict between the tenns of this Letter and the terms of the Lease, the Lessor agrees that as to the Lender, the terms of this Letter shall be controlling. 9. This Letter is given to assure the Lender, its successors and assigns, as to the interpretation of certain provisions affecting the interests of Lender; nothing in this Letter is intended to confer or shall confer any right or benefit upon Lessee or any third party other than Lender. If the above accurately reflects our understanding and agreement, please indicate by signing below and returning a counterpart to the Lessor. Sincerely, LESSOR: CITY OF DENTON, TEXAS, a municipal corporation BY: MICHAEL A. CONDUFF, City Manager ATTEST: JENNIFER W ALTERS, City Secretary BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, City Attorney BY: IU4Jf4 LESSEE: JVC REAL ESTATE, LLC, a Texas Limited Liability Company A~ V ANN, ManagerlPresident LENDER: FlRST UNITED BANK AND TRUST COMP ANY BY: ITS: STATE OF TEXAS COUNTY OF DENTON BEFORE 1vIE, the undersigned, a Notary Public in and for the said County and State, on this date personally appeared Michael A. Conduff, City Manager of the City of Denton, Texas, a municipal corporation, known to me to be the person whose name is subscrib ed to the foregoing document and acknowledged to me that he executed the same in the capacity therein stated and for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEE OF OFFICE, this the day of November, 2005. NOTARY PUBLIC - STATE OF TEXAS STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on this date personally appeared, JOHN A. VANN, ManagerlPresident of JVC REAL ESTATE, LLC, a Texas Limited Liability Company, known to me to be the person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same in the capacity therein stated and for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEE OF OFFlCE, this the ~ 'is day of November, 2005. ( M Gti~_e ,)j1tLk no' NOTAR UBLIC - STATE OF TEXAS STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the u,ndersigned, a Notary Public in and! ~ thf)said County. and State, on this date personally appeared, ,,) \ VY\ Ncrc'Uv/~ ,~ ~\ O( tvl1 ' of First United Bank and Trust Company, known to me to be the person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same in the capacity therein stated and for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEE OF OFFICE, this thed-?; day of November, 2005. U;J{~ ,k!r1w~ NOTAR PUBLIC - STATE OF TEXAS EXHIBIT" A" . All that certain tract of parcel. ofland situated in the \VILLIAM NEIL SURVEY, ABSTRACT NUMBER 970 in the City of Denton, Denton County, Texas, and being a part of Lot 1, Block 1 of Southeast Airport Addition, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet G, Page 295 of the Plat Records of Denton County, Texas, and being more particularly described as follows: Beginning at a 3/811 iron rod found at the northwest corner of the herein described tract and being South 21 Degrees 14 Minutes 54 Seconds East, a distance of 1884.01 feet from a found concrete monument at the northwest comer of said Addition at a found concrete monument; Thence South 89 Degrees 43 Minutes 31 Seconds East, a distance of 300.00 feet to a 1/2" capped iron rod set at the northeast comer of the herein described tract and under apparent public use posted as SKY LANE; Thence South 00 Degrees 16 Minutes 29 Seconds West, a distance of 180.00 feet to a il2" capped iron rod set at the southeast comer of the herein described tract; , Thence North 89 Degrees 43 Minutes 31 Seconds West, a distance of 300.00 feet to a 1/2" capped iron rod set for the southwest comer of the herein described tract; Thence North 00 Degrees 16 Minutes 29 Seconds East, a distance of 180~OO feet to the POINT OF BEGINNING and containing 1.240 acres ofland, more or less. / / , AGENDA INFORMATION SHEET AGENDA DATE: December 13,2005 DEPARTMENT: Internal Audit CM: SUBJECT A Resolution of the City of Denton, Texas approving Internal Audit Functions of the City of Denton; Establishing an Audit Committee; and providing an effective date. BACKGROUND The Internal Audit Department was created back in the early 1990's, however has never been formally established or recognized by City Ordinance or Resolution. Government Auditing Standards require that Internal Auditors be independent to ensure opinions, judgments, conclusions and recommendations are impartial and will be viewed as impartial by knowledgeable third parties. One element necessary to develop this independence is the formal, documented establishment of the Internal Audit Department, including its reporting structure, Audit Committee, Authority, Responsibility and Access to Records. OPTIONS Approve the Resolution formally establishing the Internal Audit Function and the Audit Committee. Not Approve the Resolution formally establishing the Internal Audit Function and the Audit Committee. RECOMMENDA TION Approve the Resolution formally establishing the Internal Audit Function and the Audit Committee. ESTIMA TED SCHEDULE OF PROJECT NA PRIOR ACTIONIREVIEW (Council, Boards, Commissions) Approved by City's Audit Committee in October 2005 Respectfully submitted: Andrea Gage, Internal Auditor - '.-----,-- -,....--,..,.--..----- ~f("" J;""''''.'''''''tJ,it~::I~II<m_.(1)5'o.mdi: ""',,,"UIUr<:,J.X RESOLtJTION No. A RESOLUTf0N OF THE CITY OF DENTON, TEXAS APPROVjNG h'lTEfu'-iAL AUDIT FUNCTIONS OF THE CITV ()F DENTON; ESTABLISHING :.xN AlJDITC01\1NIlTTEE' AND PROVIDING AN Ef'f'ECTIVEDi\TE" .. .. . '.' , WHEREAS. it. is theobjcttiv!-, .of .t!ieCity. o(Demon.to maintain a comprehensive program 6fiilleriml au'diting as an overall intemal control measllreand:a scrvi~e tOlheCity; and , i ! WHEREAS. ljle purpiise of the Internal Audit Depar1nleillis to aid theC:itYCollncil'and City management in achieving City goals and objectivcs. while minin~i7.ing'unduerisk;,aJid WHERE.i,\S', imermil audit is.a ~ontrol tlillt tiincHons by measuriilg "lmd eval~~tjngthe L'ffectivelless of other Ci!~ controls; NOW, T['IEREFO~E:' .... . ..... THE CITYCOUN~IL OF THE CIT~'bFDEN10NHEREBY REsc'lJ.;\rE~: SECTION 1. The functiililS oCtile Inteiliall,udii Department. which areattacl;ed hereto and incorponited as if fully rewritten herein, are hercbyapprovcd, .. . '. . SECTION 2. Tlicre is hereby cstablishcd an AudilC6mmittce ("Committe() COIlIN\'<!:D or ihe Mayor, one District City Council member, and,ollc'At-Large'City C:ollncilmenlbcr. Ex ol1icio members on the Committee include the City ~'failagcr and Ill' to two Assistant C;hy rvlutiagcrs. Other voting and .non-voting mcmbers may be ~dded uP9n dCleJ:minati(}l1by tlie voting,nlembers of the (::onlmittce. . '. .... . SECTiON 3. '(he City Council members ,on the Coinnliltec shalloc rota'tcd,'lI1cl.sl1aIJ serve aHematin!! two;YCartci,,1s. The' Distficl CitvCo~;;cill11cmbcr:;vill.b~.rolaled off tlie Comniit1ce in o(ld-l1Iln{bcrcd years; while the At:Laige City Council meml'.ct: will.berotated;()0" the Committee in .evel!-nunibered vcars. The ,'"Iavor and' ex' ol1ic.io 'rneinbers shall. remain on the . .'. . ..;'" -'.." " - ,~.,' .'.' ' . .-' <, , Commillee until v.olul!tarv rc,i>(llati()'tl from the Committce, end oftcnn in oftice, or.tennination . ..... . ,. . .., from the City. SECTfON 4. This resolution..shall become effective immediately up':)n its passage an<,l approval. PASSED AN'D APPROV.ED this the day of ,2001. EULlNE BROCK, MA Y9R ""',","~- ATTEST: JENNWER WALTERS, ClTV SECRET/IRY BV: APPROVED AS TO LEGAL FORM: , EDWINM. SNYD ,efTY ATTORt'\i.EY BY: Pa~e2 " -,' ~~~""__h.'P?"iY~ ,"= . ., 1 ~.~- - _____,..',""".--C.'~f.""'.'__~,._ ~~~~~~.'~n'W1" ':'A'\.'C'h'io<'::! City of Deuton , Internal Audit I)ollowing is'tlie governing document for thc In~,eI:ll31 Audit function of the cit~. of Denton.' '. Objective It.is thelibjeeti\ie of the City,of Denton \0 mriinlai;,acomprchensi\,c;programof internal audiling as an overall inlemaI control measure arid 'a:s~rv!eetolliec.:ity. Jls.purpose'isto aill the City Council and Cil)' Manageinem in achieving City.goals andohjeetlvescwhile minimizing undue risk. Internal Audit is a control. that funCtions h)' t11e~Sllririg 311d evaluating [he effectiveness of other City controls. Reporting Structure Adnlinistratively, and whsn inqepe\,dencc'is nOlc~li1promi~"id, IntCrnal Audit will report directly to the Cifl' Manager. All adnlinistralivc mmiers conceming.work.sehedules,time off, perfonnance evaluations, hiring, '1iring, elc" will be handled by [he <::il)' Manager. Operationally, Intemal Audit \\'ill rep'}11 to th~Gity's Audii. Comniittcc.The Audit COInmltlee will approvc llnnual Internal Audit pl1Uls, as. well as, ~evie\l' alldit work: pcrformed .throughout \hey,ear. TheAuditCommiltc.c' )vilI' cp'l1sist bf the ivfayor alldtwo additionat' cii)' Councilmembers,. :.Othcr Coniinittcc members, both voting ami non' voting, may he added upon dctcnninationby the ahove listcd.Alldit Ctimmittc'c.llml1bers. Non-voting or ex officio members ,vilLincludc the.CilY Ivhlnager ahd up.to two Assislanl '(.;it yM anagers: Audit Committee Rot"tiun City .council memb~rs on Ihe :\udit C6iiiniincC'shal,l be rotaled.scrvingamallernating,. tWb,year tenn, ;Onc District. City Council memiier ,viIl bc rotated ofr Ihe Audil CummlHee on odd years, ,,;i,iI!' on",:AI LargeCilY Gouncitmen1bcr\vilJ'bjirotated ol1'thc. Audit CommiHcc 011 even years, To providcadclilion;tl Cbntinuity;however, thc M;tyor and all non-voting.orex oClieio commiltee 11lembers,will rcmain'mel11hers:until volun,tary resignationlromthc c<;>mmillee, !'tid Of.cleetc.a position,or termination from.lhe'.City. ~-'~~~~ . Authority Internal Audit is responsible lor .pro\'iding the Gity CcmllCiIUJid,Citytvfanagemenl irtformatiOJI aboUl the adequacy and effectiveness ofits. systems' of internal, controls and quality of operating perfomlance whe~ ~b,nparetl tt!' esti1blishcd~taridard~.'. To accomplish this, llitenial Audit. shall ha\icunrestrictedaccess to all ;acti,'itiCs,.properties: persOJIlIcl and records whichare.relevallt to an'~reaJlnde'r review, to.the:,extem p~rJi1iiled by law, It isnndersto().d that cettain items .arc coi]fidcntial ill .naturc and 'special arrangeincnts will be madc'when examining and reporting such items, On an aJUllIal basis, the ,.I,ndit COl1lniitte'e will approye'lnternal Audil's annual Internal Audll Plan aUlhorizing the pertormance of the re\'iews inclllded. As part of the. Imernal Audit Plan. authorization to perform special' projects.arid n:\"icws is. granted to.IJllernal .' , . '.. .' ,'- , Audit by the Andit Commillee, TIlis allows for .lheperfomlance of unplanned .Imem,al Audit projects/reviews throughout llle:year wh~,j.\I.etei:mine,<l,necessary!iS' liitcniitl,Ali(!il, City rVlaJ!ag~ment or the f:ilY'COUllCil., '.Independence Internal Audit shall be !i'ee; from c'ontrql or ullduc inl1uenb: in the seiection.. and app1icalion of 'ai,dit. techniques,. procedures and programs; the deterniination of facts revealed by the examination or in the d~\'elopment of r~comnicndations,or o'pinions; and the seleclion Of areas, 'aetihties. pcrsoniil relationships and managerial poiicies to be examined. For this.reason. fntemal Audit rcports (}peratlonallVlo the Audit .Committee. When matters involving Citl' Management llrise, or 'other ,'tialters as'detcnnilled bv [he - - - ~ ',. -' '- ..., ' :, '.'" -. - P, ~ IlItc~al Auditor, tIle Internal Auditor ,,'ill have ihe right to call together cmly those members oflhe Audit Committee that arc;liot:a part oreil}' Mariagem.cnL Responsibility The responsib(lity of Intemal Audit is lO, examine. aitd e\:aluate the adequaey.and effectivencss of the City's systems M internal controls. and the qualUy of operaling performance against established standards. lmcmal Audit will issuo r~p0l1s' of' all . findings to the. appropriate mClnb,rsofc.ity .~1an~gerle,it, .as .well as to the Alidit CotllJJliitce. hllemal Audit wilLbe resljonsitilc lor lIlonitoringmanagement's progress as it relates to the resolution of issues noted 'duringreviews performed. However; the . . . ~. ' - . -. ,- . rc:;ol~ti6n of issues noted and thc implcinetitatioll'of tleW procediJres.aniJ processes iSlhe sole responsibility of eily 1vlanagemem, Further, on. an on-going hasis, theint9111nl control~ throughoul City operations'arethc soler,spon'sibility of City Managetl1CnL . . ., --~ '" - -,..,....... _~'''''''4fi~"" ~w. - ~",>' ~'P;;J:F ~., AiJdit.Records Accessibility '..' " '" ',-,' ", '" . In i1gc<?r,ctance \~ith the Pllblic IhfolllllHion;Acl, final reports, along with thesu\lporting documentation; issued by Internal Audit arc subjeclt() Open Rcc~rds ~equC5t5, SOlil.c exceptions maY:lpply to emplo}'ce,orother il1\;~siigati6ns pe[foi1ned in conjunction Will; the City Legal or Police Oep'artil1cntso, Sincc Internal Audit'has the auth(jriiy loperfonn rcviews orallareas oCthe City's operations, the'availabililY OfilUdit \\'of'king papers may be wilhheld if allowed by tlicPublic Information Act. ' , ' , I I , 1 ,I ~ AGENDA INFORMATION SHEET AGENDA DATE: December 13,2005 DEPARTMENT: Transportation Operations .. ACM: Howard Martin, 349-8232 SUBJECT Consider a Resolution of the City Council of the City of Denton, Texas, supporting the Regional Transit Initiative; providing for transmission of this resolution to a designated member of the Texas Legislature; and providing an effective date. BACKGROUND The North Central Texas Council of Governments (NCTCOG) estimates that by the year 2030 the population in North Central Texas will exceed 8.5 million. NCTCOG supports the position that to maintain regional mobility and sustain the current economy enjoyed in the North Central Texas Region seamless regional rail service in the urbanized areas of North Texas is essential. To that end NCTCOG participated with the Regional Transit Initiative (RTI), a yearlong study examining the issue of regional mobility. Local government officials and others interested in regional mobility focused on financial, institutional and legislative arrangements that might facilitate seamless rail service in Collin, Dallas, Denton, Ellis, Johnson and Tarrant Counties. Final recommendations by RTI include the creation of a new coordinating agency or Regional Rail Authority (RRA) in the North Central Texas Region. This new RRA would provide service to those areas not currently served by current transit authorities, DART, The T and DCTA. RTI concluded that legislative authority would be required to create this new authority and to generate approximately $165 million in annual revenues to build and operate the regional rail system. RTI further concluded that the most appropriate revenue source would be the general sales tax and that a rate of one half cent, including a potential increase to the current two-cent cap, would be needed. This proposed tax would be subject to voter approval in the new service areas. The 79th Texas Legislature passed HB 2702, Article 5 that established a Regional Transit System Review Committee for North Texas. The Committee consists of state legislators, mayors, county judges, county commissioners and transit system executive directors. The Transit System Review Committee is charged with meeting between September 30,2005 and September 1,2006 to examine seamless regional rail service and will provide a report of its finding no later than September 1, 2006. The first meeting has been scheduled for December 6, 2005 in Irving. State legislators are requesting local governments to provide a resolution or position statement to determine interest in the regional rail plan and the voter-approved half-cent sales tax to fund the development and operation of the rail service. Attached is a letter addressed to Mayor Brock and signed by Senator Florence Shapiro, Representative Fred Hill and other members of the Texas Legislature requesting that a resolution or position statement be provided to Senator Shapiro's office no later than November 22, 2005. Included in the letter are attachments outlining HB 2702 Section 5 and documents supporting a regional rail system for North Central Texas. Similar to many other communities in North Texas, the City of Denton review and action procedure did not permit the City to meet the November 22nd date. A letter of general support of the initiative, signed by Mobility Committee Chair Pete Kamp, and a draft resolution of support for RTI, based on a model provided by RTI and the NCTCOG, was provided to Senator Shapiro's office indicating the City Council will consider the resolution at the next available meeting, December 13, 2005. RECOMMENDAION Staff recommends approval of the proposed resolution. ESTIMA TED SCHEDULE OF PROJECT Position statement was due to Senator Shapiro's office by November 22, 2005. The Regional Transit System Review Committee will meet on December 6, 2005 to discuss the regional rail system and receive input from local governments in North Central Texas. PRIOR ACTIONIREVIEW Mobility Committee has reviewed the draft resolution. FISCAL INFORMATION Not applicable at this time. EXHIBITS 1. Resolution 2. Letter of support from Councilmember Kamp 3. Senator Shapiro Letter (with attachments) Respectfully Submitted: ~,u/p--- Mark Nelson Chief Transportation Officer S:\Our Documents\Resolutions\05\Regional Transit Initiative.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE REGIONAL TRANSIT INITIATIVE; PROVIDING FOR TRANSMISSION OF THIS RESOLUTION TO A DESIGNATED MEMBER OF THE TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the urbanized area in the North Central Texas region needs seamless rail service in order to sustain regional mobility, a strong economy, and a high quality oflife; and WHEREAS, DART, DCTA, and the T are existing regional transit service providers with established service areas and funding sources; and WHEREAS, much of the current and projected regional growth is occurring beyond the service areas of the existing transit service providers; and WHEREAS, seamless regional rail service should be provided by the existing three transit agencies and a single new entity working in cooperation with one another to achieve optimal efficiency and effectiveness; and WHEREAS, the provision of regional rail service outlined in adopted Metropolitan Planning Organizations ("MPO") planning documents will require a new annual revenue stream of approximately $165 million; and WHEREAS, legislative authority is needed to create an entity and a funding source to provide revenue to build and operate regional rail service as outlined in adopted MPO planning documents; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council expresses its support for establishing a regional rail authority and levying an additional one-half cent sales tax to fund construction and operation of seamless regional rail service on the corridors identified in the MPO-adopted regional rail plan. SECTION 2. The City Council requests the Texas Legislature to grant authority to local governments to submit to their constituents a ballot issue to consider establishing a regional rail authority levying an additional (beyond the two-cent cap) one-half cent sales tax to fund construction and operation of seamless regional rail service. SECTION 3. The City Council commits, in the event authority is granted by the Legislature, to submit to its electorate a ballot issue to consider establishing a regional rail authority and levying an additional one-half cent sales tax to fund construction and operation of seamless regional rail service. EXHIBIT 1 S:\Our Documents\Resolutions\OS\Regional Transit Initiative.doc SECTION 4. The City Manager, or his designee, is hereby directed to send a true and correct copy of this Resolution to Senator Florence Shapiro's Capital Office in Austin, Texas, Attention Sarah Bagwell. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRET AR Y BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of2 City Council 215 E. McKinney St. Denton, TX 76201 Pete Kamp eollndl Member November 21, 2005 Senator Florence Shapiro Texas Senate PO Box 12068 Austin, Texas 78711 Dear Senator Shapiro: Mayor Euline Brock received the letter from you requesting the City of Denton's input on the Regional Transit Initiative's (RTI) proposal for a Regional Rail Authority and a proposed funding mechanism. On behalf of the City Council Mobility Committee for the City of Denton, I am writing to let you know that the Mobility Committee is supporting the proposal, Due to our City Council agenda process and time frame, the City Council was unable to formally consider the resolution in support of the proposal. The attached draft resolution will be considered at the next City Council Meeting on December 13, 2005. I hope that you will accept this letter indicating the City of Denton's support of the proposal. After consideration of the proposed resolution, I will submit further documentation of the City's position. Thank. you for your continued efforts to advance ideas that will enhance the quality of life for thousands of North Texans through improved mobility. If you have any questions concerning this letter, please contact me at (940) 390-9485 or Mark Nelson, Chief Transportation Officer, at (940) 349-7702. Respectfully, ~~ Pete Kamp, Mobility Committee Chair Denton City Council Attachment "Dedicated to Quality Service" www.cityofdenton.com EXHIBIT 2 Exhibit 1 Ie < ~~y , RESOumON NO. A RESOLUTION OF TIIECITY. COUNCIL OF TIlE CITY OF DENTON. TEXAS. SUPPORTING THE REGIONAL TRANSIT INITIATIVE; PROVIDING FOR TRANSMISSION OF TIllS RESOLUTION TO A DESIGNATED MEMBER OF THE TEXAS LEGISLATIJRE; AND'PROVIDING AN EFFECTIVE DATE. WHEREAS. the urbanized area in the North Central Texas region needs seamless rail service in order to sustain regional mobility, a strong economy. and a high quality oftife; and. WHEREAS, DART. DCTA, and the T are existing regional transit service providers with established service areas and funding sou:rees; and WHEREAS, much of the current and projected regional growth is occurring beyond the service areas of the existing transit service providers; and WHEREAS. seamless regional rail service should be provided by the existing three transit agencies and a single new entity working in cooperation with one another to achieve optimal efficiency and effectiveness; and WHEREAS, the provision of regional rail service outlined in adopted Metropolitan Pl,nning OrgIIni7JrtiODS ('4MPO") planning documents will require a new annual revenue stream of approximately $165 million; and WHEREAS, legislative aUthority is needed 10 create an entity and a fundinai. source 10 provide revenue to build and operate regional rail service as outlined in adopted MPO planning documents; NOW. lHEREFORE, TIlE COUNCIL OF TIlE CITY OF DENTON HEREBY RESOLVES: SECTION L The City Council expresses its support for establishing a regional nUl . authority and levying an additional one-haIf cent sales tax to fund construction and operation of seamless regional rail service on the corridors identified in the MPO-adopted regional rail plan. SECTION 2. The City Council requests the Texas Legislature to grant authority to local govemments to submit to their constituents a ballot issue to consider establishing a regional rail authority levying an additional, (beyond the two-cent cap) one-half cent sales tax to ftmd construction and operation of seamless regional rail service. SECTION 3. The City Council co~ in the event authority is granted by the Legislature, 10 submit to its electorate a ballot issue to consider establishing a regional rail authority and levying an additional one-half cent sales tax to fund construction and operation of seamless regional rail service. S:\Our ~ulioos\OS\Rqiona1 TT8I1Sit Initiative.doc ~~~ 0/ SECTION 4. The City Manager, or his designee, is hereby directed to send a true and correct copy of this Resolution to Senator Florence Shapiro's Capital Office in Austin, Texas, AtteoDon Sarah Bagwell. SECTION S. This Resolution sbal1 become effective immMiately upon its passage and approval. P ASSBD AND APPROVED this the day of . 2005. EULINE BROCK, MAYOR A TrEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY AITORNEY BY: Uh/II-~' Page 2 of2 October 24, 2005 The Honorable Euline Brock Mayor City of Denton 215 East McKinney Denton, Texas 76201 Dear Mayor Brock: As you may be aware, one portion of House Bill 2702 as passed by the 79th Texas Legislature (extract attached) established a 'Regional Transit System Review Committee' for a multi county area in North Texas. This Committee includes Senators and Representatives from these counties along with local elected officials and transportation provider representatives. We have established Tuesday, December 6th from lO:ooam to 12:00pm in the Dupree Theater at the Irving Arts Center as the ftrst meeting of the full Regional Transit System Review Committee as provided in lIB 2702. You are encouraged to attend the meeting to review the RRA issue and discuss aspects of the RTI recommendations. The Center is located at 3333 North McArthur Blvd., in Irving. Parking will,be available on the South side of the building. Please call (972) 252-7558 if you have any questions about directions. Prior to the meeting, we are requesting your local governing body (city, comnnssIon, or commissioners court) review the attached RTI recommendations, including the proposed commuter rail corridors. In order to evaluate the level of support for the corridors AND ADDITIONAL TAXES/FEES TO FUND AN RRA, a Resolution from your governing body is requested by Tuesday, November 22nd. Please forward a copy of the Resolution, or any other desired response, to Senator Shapiro's Capitol office, attention Sarah Bagwell. Members of the Legislative Delegation have reviewed work from the 'Regional Transit Initiative (RT!)' conducted within the region in the last two years, along with recommendations submitted regarding creation of a Regional Rail Authority (RRA). It is noted that a key recommendation is additional revenue capability to fund an RRA with a preference to allow local option elections for additional sales tax capability above the current 'cap' of 8.25%. This source of revenue seems to be highly unlikely within the near future due to other needs for sales tax. revenue at the State level. Your interest and involvement is appreciated! k-~ Senator Florence Shapiro ~~II . Representative Fred Hill EXHIBIT 3 f" f1~ s:f.tor Kip Averitt " {)'~~ Senator Kim Brimer ~~ sd~'~ s~n~:o4aig Estes $rfr)J~ tz:bJ,t; Senator Chris Harris ~~ Senator Jane Nelson ~f1-r Representative Mary Denny ~ Rel!:1!!~n ~a-- Representative Charlie Geren Representative Jim Jackson Representative Linda Harper-Brown r;JJ f= I t- Representative Bill Keffer ~tI./lU-'-~ Representative Jodie Laubenburg ~'- ';i>~~ Representative Ken P ton , ~ 1"/ ~ Representative Brian McCall ....*~ Representative ElvIra Reyna izt~v~:::en Representative Vicki Truitt Attachments: Extract from HB 2702 RTI Brochure ... ARTICLE 5. REGIONAL TRANSIT SYSTEM REVIEW COMMITTEE SECTION 5,01. (a) In this section, "region" means the region formed by two contiguous counties each containing a municipality having a population of at least 530,000 and the counties adjacent to one or both of those counties. (b) The Regional Transit System Review Committee is created to conduct public hearings regarding, and study the implications of, implementing regional transit service in the region. (c) The committee consists of: (1) each member of the legislature who represents a district that contains territory in the region; (2) each mayor of a municipality in the region; (3) each county judge and commissioner in the region; and (4) the executive director of each transportation authority in the region. (d) In conducting hearings and studies the committee shall: (1) examine whether a seamless system of transit systems should be offered throughout the region; (2) examine whether there should be a mechanism for additional counties to participate in the regional transit system; and (3) perform a review of funding and financing options. (e) The initial meeting of the committee shall take place before September 30, 2005. At the initial meeting the committee shall adopt rules governing the com~ittee and establish a work plan and schedule for future meetings. (f) The committee may accept gifts, grants, technical support, or any other resources from any source to carry out the fuhctions of the committee. (g) Not later than September 1, 2006, the committee shall issue a report summarizing: (1) hearings conducted by the committee; (2) studies conducted by the committee; (3) any legislation proposed by the committee; and (4) any other findings or recommendations of the committee. (h) This section expires September 1, 2007. WHEREAS, area leaders serving on committees of the North Central Texas Regional Transit Initiative have met over the past year to address the region's rail transit needs, rail funding requirements, and institutional arrange- ments to meet the region's rail transit needs as defined in Mobility 2025 - 2004 Update, the metropolitan trans- portation plan for the Dallas/Fort Worth Metropolitan Area; and WHEREAS, there is an agreement on a demonstrated need for the provision of regional rail services in Collin, Dallas, Denton, Ellis, Johnson, and Tarrant Counties to address the projected increase in population, employment, and congestion; and WHEREAS, funding for regional rail services should be shared by all residents of the counties receiving regional rail services; and WHEREAS, regional rail services should offer the region's citizens a seamless system of rail transit services. Section 1. NOW, THEREFORE, BE IT RESOLVED: Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. A new revenue stream is required that would be dedicated to the development and ongoing operation for regional rail service. There is a strong preference for additional sales tax capacity allowing for a region-wide local option election that could provide such revenues. Local governments, transit entities, and the State should have a common base for taxable goods and services, including any goods and services newly taxed by the Legislature. The continued growth of the existing transportation authorities, through the addition of new cities, is encouraged. A new Regional Rail Authority (RRA) should be created to provide funding and represent the area as shown on Exhibit 1. The new RRA would work cooperatively with the existing transportation authorities to provide the public with regional rail services throughout the region. A seamless system of rail transit services should be offered throughout the region. The three existing transportation authorities will maintain their respective funding, responsibilities, and commitments (Dallas Area Rapid Transit, Denton County Transportation Authority, and the Fort Worth Transportation Authority). There should be a provision for representation for the three existing transportation authorities in the governance of the new RRA to encourage continued cooperation and coordination. There should be a mechanism (in the permissive legislation) for additional geographic areas (counties) to join the new RRA. There should be cooperation throughout the region to maximize the amount of federal funding for regional rail. w~~ Chairperson, Financial Committee -J]~ Lee Ja ks Chairperson, Institutional Committee ~G-.-; Chairperson, Legislative Committee AGENDAINFO~TIONSHEET AGENDA DATE: December 13,2005 DEPARTMENT: Legal Department CM/DCWACM: Jerry E. Drake, Jr., Deputy City Attorney SUBJECT: A RESOLUTION OF THE CITY OF DENTON TEXAS, GRANTING RECOGNITION OF THE DENTON POLICE OFFICERS ASSOCIATION AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE NON-EXEMPT EMPLOYEES OF THE DENTON POLICE DEPARTMENT, AND AUTHORIZING THE CITY OF DENTON, TEXAS TO MEET AND CONFER WITH THE DENTON POLICE OFFICERS ASSOCIATION UNDER SUBCHAPTER B OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE, WITHOUT CONDUCTING AN ELECTION. OPTIONS: 1. Pass the resolution recognizing the Denton Police Officers Association as the sole and exclusive bargaining agent for the non-exempt members of the Denton Police Department. 2. Call for a certification election to verify representative capacity of the Denton Police Officers Association, pursuant to ~ 142.054 of the Texas Local Government Code. 3, Call for an election to have the voters decide the issue during the May election, pursuant to ~142.055 of the Texas Local Government Code. RECOMMENDATION: Specific legal recommendations and considerations have already been addressed to Council in attorney-client communications and closed session legal consultations. Legal staff will be available to address additional questions in closed session, should the need arise. FISCAL INFO~TION: The costs associated with meet and confer bargaining sessions will clearly be greater than the cost of not doing so. Such costs include increased administrative overhead, legal fees, consultant fees, lost staff time during bargaining sessions, educational programs, and the costs of any concessions made at the bargaining table. However, recent changes in state law do not permit the outright rejection of the proposal. Calling an election would carry its own administrative expense, which could be cumulative of the other expenses, depending upon the ultimate outcome of the election. Precise dollar amounts are incapable of ready determination, as the scope of the negotiations is indeterminate. Moreover, insofar as this issue arises out of new legislation, Denton has no historical basis for offering any estimate. S:\Our Documents\Miscellaneous\05\agenda information sheet-po1ice meet and confer.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON TEXAS, GRANTING RECOGNITION OF THE DENTON POLICE OFFICERS ASSOCIA nON AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE NON-EXEMPT EMPLOYEES OF THE DENTON POLICE DEPARTMENT, AND AUTHORIZING THE CITY OF DENTON, TEXAS TO MEET AND CONFER WITH THE DENTON POLICE OFFICERS ASSOCIATION UNDER SUBCHAPTER B OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE, WITHOUT CONDUCTING AN ELECTION. WHEREAS, on November 21, 2005, pursuant to Section 142.053 of the Texas Local Government Code, the City of Denton, Texas received a Petition Requesting Recognition of the Denton Police Officers Association as the sole and exclusive bargaining agent for all of the non- exempt employees of the Denton Police Department; and WHEREAS, the City of Denton is ready, willing and able to proceed with the negotiation process pursuant to law; and WHEREAS, the City Council has directed the City Manager to proceed with the negotiation process, after legal briefings upon the relevant provisions of the statute and applicable Texas law; and WHEREAS, the Police Chief and City staff have developed a bargaining program and agenda during the preceding month, and have prepared to meet with the Denton Police Officers Association on behalf of the police officers; and WHEREAS, the Council finds that it is necessary to formalize, ratify, and confirm certain operative legislative facts and legal conditions; NOW, THEREFORE, BE IT RESOLVED: SECTION 1. The Denton Police Officers Association is recognized as the sole and exclusive bargaining agent for the non-exempt members of the Denton Police Department, in accordance with and pursuant to Chapter 142, Sections 142.051-142.068 of the Texas Local Government Code. SECTION 2. The Council ratifies and confirms that the provisions of Chapter 142 have been placed into effect, and that the City of Denton will engage in Meet and Confer negotiations with the recognized agent. PASSED AND APPROVED this, the 13th day of December, 2005. EULINE BROCK, MAYOR Page 1 v ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWlNM. SI'lXPER,-errY~ -.-- -------~--_._.- S:\Our Documents\Resolutions\OS\M&C Resolution - Police. DOC Page 2 S:IOUf DocurnentsIMiscellaneousl051GRIP 2004 AIS 112905.doc AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2005 DEPARTMENT: Legal Department CM/DCM/ACM: Herbert L. Prouty, Consulting Attorney SUBJECT: Hold a public hearing and consider approval of an ordinance of the City of Denton, Texas denying Atmos Energy Corporation's request for an annual Gas Reliability Infrastructure Program adjustment for calendar year 2004 in this municipality; providing a requirement for prompt reimbursement of costs incurred by the City; finding that the meeting at which this Ordinance is passed is open to the public as required by law; and providing for notice of this Ordinance to Atmos Energy Corporation; and providing an effective date. BACKGROUND: On September 19, 2005, Atmos Energy filed with the City a request to increase rates throughout the Mid-Tex Division by a total of $22.75 million under the Gas Reliability Infrastructure Program ("GRIP"). A residential customer would be surcharged an additional 29 cents per month and a commercial customer would be surcharged an additional 97 cents per month. The 2004 adjustment is in addition to the surcharge for 2003 of a similar amount. The total for the 2003 and 2004 GRIP adjustments in additional revenue to the Mid- Tex Division of Atmos Energy is approximately $50 million. A copy of Atmos's three-page letter to you along with the basic tariffs showing the requested changes in rates for the different customer classes is attached. These additional rate increases for the GRIP surcharges are coming at a time when gas cost adjustments are expected to increase by as much as 60% over what they were in the summer of this year. The GRIP adjustments are added to the customer charge, resulting in customers who use the least amount of gas having to pay more on a per unit of gas basis. The Legal Department has heard from an increasing number of citizens who are either concerned or complaining about high energy bills, primarily the high cost of gas. On the 18th day of October of this year, you suspended the implementation of the 2004 GRIP adjustment for 45 days until January 2,2006. As a part of that Resolution, you joined the Atmos Texas Municipalities ("A TM") and authorized them to hired the law firms of Jim Boyle and Dan Lawton. You further authorized the A TM Steering Committee to hire additional consultants to study the request The consultants have just reported to the City that the GRIP adjustments are not appropriate for the following reasons: I. Atmos has failed to meet a basic requirement to avail itself of interim rates under the GRIP Statute. A prerequisite to filing a GRIP case is that a gas utility must have filed a rate case within the preceding two years to be eligible for the interim adjustment in the utility's monthly customer charge or initial block rate. Its ATM's position that Atmos Energy is not qualified since its purchase of TXU gas assets does not make it a successor in interest eligible to rely on TXU Gas's rate case - GUD No. 9400. Therefore, Atmos S:IOUf DocurnentsIMiscellaneousl051GRIP 2004 AIS 112905.doc has failed to meet the basic statutory requirements for filing of a rate case under subchapter C within the preceding two years. 2. The Company has included relocation costs in the GRIP request, which is contrary to the Commission's rules for GRIP requests. The legislature in 1999 passed a law that allowed a gas utility to recover costs of relocating a facility at the behalf of a governmental entity. [Section 104.112 of the Texas Utility Code.] The Legislature did not repeal the Relocation Statue when it enacted the GRIP Statute. The Relocation Statute is specific since it deals only in the recovery for the relocation of facilities to accommodate governmental entities. It would seem to control over the broader GRIP Statute. The Railroad Commission never adopted any rule related to the Relocation Statute. They did adopt a GRIP rule which explicitly states that relocation costs recoverable under the Relocation Statute were not recoverable under the GRIP Statute. Since the language in the GRIP rule is unequivocal, Atmos may not include relocation costs as a part of the general rate adjustment under GRIP. Any adjustment to costs related to relocating facilities to accommodate construction or improvement must be rejected. Additional information on why the consultants have recommended that the GRIP adjustments be rejected is available in the Legal Department's status report for December 9,2005. OPTIONS: I. The City Council can adopt the Ordinance and Atmos will most likely appeal this action to the Texas Railroad Commission. 2. The City Council can grant a portion ofthe requested GRIP rate increase. 3. The City Council can take no action and the entire requested GRIP increase will go into effect on January 2,2006. RECOMMENDATION: Staff recommends that City Council chooses Option I and adopt the Ordinance denying the GRIP increase. The A TM consultants have advised that Atmos is not eligible for a GRIP increase since it has not filed a rate case within the preceding two years and has included ineligible relocation costs as a part of its GRIP filing. A number of cities have already denied Atmos's GRIP increase request for these and other reasons. Atmos will more than likely appeal any decision to deny its request to the Texas Railroad Commission. By the Resolution already suspending Atmos's GRIP adjustment for 45 days, you have authorized us to participate with the A TM Coalition in any proceedings on Atmos's GRIP request before the Railroad Commission. FISCAL IMP ACT: We are hopeful that the Railroad Commission will deny all of or a significant portion of Atmos's GRIP increase. This would result in substantial savings to local Atmos Energy gas customers who are already burdened by huge cost of gas increases and a number of rate increases granted Atmos's successor, TXU Gas Company in previous years. We are hopeful that all costs of our participation in A TM, including the costs of the outside attorneys and consultants, will be reimbursed by Atmos. Respectfully submitted, Page 20f2 AI OS energy September 19,2005 TO THE GOVERNING BODY OF ALL MUNICIPALITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION Gentlemen: Enclosed for filing in accordance with the provisions of Section 104.30 I of the Texas Utilities Code ("Section 104.30 I") please fmd tariffs for gas services provided to customers within your city (the "City") by Atmos . Energy Corporation's Mid-Tex Division, (the "Mid-rex Division" or the .'Company"). These tariffs will be effective on November 19, 2005, and are attached within the enclosed filing package in the section .designated "Tariffs." Under Section 104.301, as amended, the City is provided tl:te opportunity to review the filing and act before November 19, 2005, to suspend the effective date of these Tariffs for forty-five (45) days after that date. These tariffs establish an interim rate adjustment in 'the Mid- T ex Division's monthly customer charge or meter charge effective in the City to recover the cost of new investment in new facilities used to provide gas utility services. These tariffs apply only to the distribution portion of the Mid- Tex Division and will only be in effect until the effective date of implementation of rates resulting from the Company' s next rate case. All amounts collected under the adjustments of these tariffs are subject to refund based upon the findings in the next rate case. The current rates were previously adjusted for investment through December 31, 2003. In this interim rate tariff filing, the Mid- Tex Division is impfementing an interim rate adjustment based on the difference between the value of the invested capital for the 1 Atmos Energy Corporation 5420 LBI Freeway, Suite 1800, Dallas, Texas 73240 Mid- Tex Division as of December 31, 2004 and the value of the invested capital for the Mid-Tex Division as of December 31, 2003, as approved by the Commission in GUD No. 9560. Also enclosed for filing are additional informational materials: (a) The Railroad Commission of Texas' Interim Cost Recovery and Rate Adjustment Report ('"IRA - TRC" Section). (b) The Company's calculations of the Interim Cost Recovery and Rate Adjustment Amount ("'IRA - Company" Section). ( c) The affidavits of Charles R. Yarbrough attesting to (i) the method and date on which notice will be given, and (ii) relocations. Barbara W. Myers also provides an affidavit which verifies that schedules enclosed are true and correct summaries of the Mid- Tex Division's books and records related to the invested capital for the Mid- Tex Division System ('"Affidavits" Section); (d) The Railroad Commission of Texas' .Annual Earnings Monitoring Report ("EMR - TRC" Section). (e) The Company's calculations demonstrating the earnings during 2004 ("EMR- Company" Section). (f) The Project Report which describes the investment projects completed and placed in service during 2004 and the investments retired or abandoned during 2004 ("Project Report" Section). The Project Report also states the cost, need, and customers benefited by the change in investment. (g) The Relocation Project Report which provides additional information about relocation project costs included in the Project Report ('"Relocation Project Report" Section). . 2 The Mid- Tex Division will provide notice of this proceeding to affected customers within the City by bill insert within 45 days after filing in accordance with Section l04~30L Atmos Energy Corporation respectfully requests that the City not suspend consideration of this filing. Instead, we urge the City to allow the interim rate adjustment to go into effect by operation of law. lfthe City desires to take some definitive action on the filing, we urge the City to approve or deny the filing by November 19, 2005 in order to allow coordinated handling at the Railroad Commission of any appeals. Respectfully Submitted, ~Wv~~ Richard T. Reis Director of Rates, Atmos Energy Corp., Mid-Tex Division cc (with enClosures): Mr. Stephen 1. Pitner, Railroad Commission of Texas Mr. Lindil Fowler, Railroad Commission of Texas Mr. Ed Abrahamson, Railroad Commission of Texas I \ ;; ,.., ~ TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 1 Rate R - Residential Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: PAGE: 1 OF 1 EFFECTIVE DATE: RATE R - RESIDENTIAL SALES Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to selVice being furnished. . Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge:' . ~ . . .. Amount .' -' .. GUD 9400 Customer Charge $ 9.00 per month Interim Rate Adjustments $ 0.58 per month 1 - To~al Customer Charge $ 9.58 per month First 0 Met to 3 Met $ 1.2390 per Mcf All Additional Met $ 0.9890 per Met Gas Cost Recovery: Plus an amount for gas costs and Pipeline System costs calculated in accordance with Rider GCR. Franchise Fee Adjustment Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment Plus an amount for tax calculated in ac.cordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s}. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 2003 Interim Rate Adjustment - $0.29 2004 Interim Rale Adjustment - $0.29 -1- TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID- TEX DIVISION RATE SCHEDULE: 2 Rate C - Commercial Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 RATE C - COMMERCIAL SALES Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 'Met. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements betlNeen Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Met charges to the amounts due under the riders listed below: Charge., . . '" . " ""Amount .' GUD 9400 Customer Charge $ 15.50 per month Interim Rate Adjustments $ 1.93 per month 1 Total Customer Charge $ 17.43 permonth First 0 Met to 30 Met $ 0.7894 per Met Next 320 Met $ 0.5394 per Met All Additional Mcf $ 0.2894 per Mcf Gas Cost Recovery: Plus an amount for gas costs and Pipeline System costs calculated in accordance with Rider GCR. Franchise Fee A~justment: Plus an amount for franchise fees calculated in accordance with Rider FF. " Tax Adjustment Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Pll,ls an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for GasService may be required. Notice " Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. ,---~~,. 1 2003 Interim Rate Adjusbnent - $0.96 2004 Interim Rate Adjustment - $0.97 -1- TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 3 Rate I ~ Industrial Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 RATE I - INDUSTRIAL SALES Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may he required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Meter and MMBtu charges to the amounts due under the riders listed below: Charg~~;" .. GUD 9400 Meter Charge Interim Rate Adjustments Total Meter Charge \ ~ ":' .';:;':!" Amoun(.~")\'>~:::'? .~..: ::.~: $ 150.00 per meter $ 73.49 per meter 1 $ 223.49 per meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MMBtu Next 45,000 MMBtu All Additional MMBtu $ 0.4882 per MMBtu $ 0.3382 per MMBtu $ 0.1882 per MMBtu $ 0.0382 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and Pipeline System costs calculated in accordance with Rider GCR. Franchise Fee Adjustment: Plus an amountfor franchise fees calculated in accordance with Rider FF. . Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). .~. 1 2003 Interim Rate. Adjustment - $31.85 2004 Interim Rate Adjustment - $41.64 -1":" TARIFF FOR GAS SERVICE ATMes ENERGY CORP., MID- TEX DIVISION RATE SCHEDULE: 3 Rate I - Industrial Sales APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 2 OF 2 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey.n Replacement Index In the event the "midpoint" or ncommon" price for the Katy point listed in Platts Gas Daily in the table entitled DDaily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. -2- TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: 4 Rate T . Transportation APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 RATE T. TRANSPORTATION Application Applicable, in the event that Company has entered into a Transportation Agreement to a customer directly connected to the Atmos Energy Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Meter and MMBtu charges to the amounts and quantities due under the riders listed below: Charge.::-: . ' . Amount ,:",,::, .' ' ' , " ' 7. . ,. .. . - . . -. GUD 9400 Meter Charge $ 150.00 per meter . Interim Rate Adjustments $ 73.49 per meter 1 Total Meter Charge $ 223.49 per meter First 0 MMBtu to 1,500 MMBtu $ 0.4882 per MMBtu Next 3,500 MMBtu $ 0.3382 per MMBtu Next 45,000 MMBtu $ 0.1882 perMMBtu All Additional MMBtu $ 0.0382 per MMBtu Pipeline Cost Recovery: Plus an amount for Pipeline System costs in accordance with Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). 1 2003 Interim Rate Adjustment - $31.85 2004 I nterim Rate Adjustment - $41.64 -1- TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION .. RATE SCHEDULE: 4 Rate T - Transportation APPLICABLE TO: Entire System REVISION: 1.2 DATE: EFFECTIVE DATE: PAGE: 2 OF 2 Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu. or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance. as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey.D Replacement Index In the event the "midpoinr or "commonD price for the Katy point listed in Platts Gas Daily in the table entitled "Dany Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costS associated with the acquisition and installation of the meter. . ~/ -2- LIOur DocumentslOrdinanceslOSIGRIP 2004 ord II290S.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DENYING ATMOS ENERGY CORPORATION'S REQUEST FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM ADmSTMENT FOR CALENDAR YEAR 2004 IN THIS MUNICIPALITY; PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about September 19,2005 the Atmos Energy Corporation's Mid-Tex Division ("Atmos") filed an application with the City to increase gas rates for its Gas Reliability Infrastructure Program ("GRIP") pursuant to Section 104.301 of the Gas Utility Regulatory Act ("GURA" or "Act"); and WHEREAS, the City has joined with other municipalities in a coalition of cities known as Atmos Texas Municipalities ("ATM"); and WHEREAS, ATM has employed experts to examine the GRIP filing by Atmos and make a recommendation to the ATM Cities; and WHEREAS, the City has suspended the effective date of the GRIP adjustment until January 2, 2005; and WHEREAS, after examining the law and undertaking an investigation of the GRIP filing by ATM's consultants, the consultants recommend that the GRIP adjustment sought by Atmos be denied; and WHEREAS, a public hearing was conducted on December 13,2005 before the enactment of this Ordinance at which interested parties were given a full opportunity for public comment on Atmos's GRIP filing; 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. Atmos' request for a GRIP adjustment for calendar year 2004 within the City is denied in all respects. SECTION 3. The costs incurred in reviewing and investigating the merits of Atmos' application for a GRIP adjustment within the City shall be promptly reimbursed by Atmos. LIOur DocumentslOrdinanceslOSIGRIP 2004 ord II290S.doc SECTION 4. This Ordinance shall become effective immediately from and after its passage, as the law and City Charter in such cases provide. SECTION 5. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 6. A copy of this ordinance, constituting final action on Atmos' application be forwarded by certified mail to Mr. Richard Reis, Atmos Energy Corporation, 5420 LBJ Freeway Suite 1823, Dallas, Texas 75240. SECTION 7. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of2 AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2005 DEPARTMENT: Planning and Development_ Dartment Howard Martin, 349-8232 ' . ACM: SUBJECT A05-0002 (North Denton Annexation) Consider adoption of an ordinance on second reading to consider annexing approximately 5,800 acres ofland contiguous and adjacent to the City of Denton, Texas, located in the in the northeastern area of the City of Denton's Extraterritorial Jurisdiction; generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such annexation area being located in the V. Gailer Survey, Abstract Number 452, 1. Clark Survey, Abstract Number 247, 1. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, 1. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, 1. Petty Survey, Abstract Number 1027, P. O'Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, 1. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933, Denton County, Texas; approving a service plan for the annexed property, providing a severability clause, and providing an effective date. BACKGROUND Applicant: City of Denton Denton, TX An involuntary annexation proceeding is being considered by the City of Denton for approximately 5800 acres within the City's northeastern extra-territorial jurisdiction. The subject area to be annexed contains 146 separate parcels owned by 61 property owners, portions ofFM 428 (Sherman Drive), FM 2153, Elm Bottom Circle, Green Valley Circle, Warschun Road, PR 2718, Shepard Road, and Burger Road. FM 428 and FM 2153 are state roads under the jurisdiction of the Texas Department of Transportation (TxDOT). A 54-inch city waterline runs along Burger Road, FM 2153, and FM 428. The property where the proposed city wastewater treatment plant will be located (along Hartlee Field Road) is also included in the proposed annexation. '" August 30, 2005, staff received direction from the City Council to pursue involuntary annexation proceedings. '" The City of Denton issued a letter of intent to annex to property owners on September 2, 2005. '" The City Council has held two public hearing on October 4th and 11th. '" On October 10, 2005 Council Member Pete Kamp hosted a neighborhood meeting with residents of the proposed annexation area in an informal discussion regarding the reasons for annexing the area. Mayor Brock, and Mayor Pro Tem Perry McNeill attended the meeting. Approximately 75 residents and property owners attended the meeting. 1 '" The Planning and Zoning Commission held a public hearing on October lih and recommended denial of the annexation. '" Council considered this ordinance at first reading on November 1, 2005. The motion for approval of the ordinance failed (5-2). '" On November 8, 2005 the city Council reconsidered the November 1st vote. A motion approving the annexati on ordinance on first reading passed (6-1). '" The annexation ordinance was published on the Denton Record Chronicle on November 11, 2005. '" The entire area proposed for annexation is located in the extra territorial jurisdiction of Denton and is not zoned. Currently, there are approximately 60 residential units, a convenience store, a horse arena, a church, and a city water treatment plant. '" Land uses permitted under the Rural District 5 (RD-5) zoning districts will allowed per Section 35.16.8.F of the Development Code. '" The Comprehensive Plan identifies the annexation area to be within Rural Area, Existing Neighborhood/Infill Compatibility Area, and Neighborhood Center land use designations. '" Due to outdated parcel information three property owners, encompassing approximately 94 acres, were not notified about the proposed annexation. The State law requires that all property owners included in an annexation be notified 30 days prior to the first public hearing. Due to lack of notification staff removed the three properties from the proposed annexation. '" Property owners were notified of the involuntary annexation with an "intent to annex" letter and official public hearing notifications. To date, staff has received two letters in support, one letter neutral, and 27 letters in opposition from property owners within the proposed annexation area. (Refer to Attachments 2 and 3.) OPTIONS 1. Maintain land area. 2. Delete land area. 3. Amend service plan. 4. Deny. RECOMMENDA TION Staff recommends approval of the annexation ordinance on first reading. ESTIMA TED PROJECT SCHEDULE The annexation process will be completed by December 13,2005. (Refer to Attachment 4.) 2 PRIOR ACTIONIREVIEW Intent to Annex Notification Mailed September 2, 2005 1 st CC Public Hearing October 4, 2005 Neighborhood Meeting October 10,2005 2nd CC Public Hearing October 11, 2005 P&Z Public Hearing October 12, 2005 CC 1st Reading of the Ordinance November 1, 2005 CC 1st Reading of the Ordinance (Reconsideration) November 8, 2005 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. Proposed annexation area will add additional tax base to the city. Full municipal services are required upon annexation in accordance with the service plan which is made a part of the annexation ordinance. ATTACHMENTS 1. Service Analysis 2. Notification Map 3. Property Owner Response Letters 4. Annexation Schedule 5. Draft Annexation Ordinance 6. October 12, 2005 Planning and Zoning Commission Minutes Respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development Deborah Viera, AICP Comprehensive Planner II 3 ANNEXATION REQUEST SERVICE AREA ANALYSIS A05-0002 The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ET J). Refer to map below. Size. 5,800 acres Location. Between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ET J). Proposed uses. 1. A proposed master-planned community with homes, retail and possibly a golf course on 1,900 acres near Lake Ray Roberts. The extension of City's utility facilities or the creation of a water district are under consideration by the developers. 2. The construction of a City wastewater treatment facility that would service the Clear Creek and Milam Creek watersheds. The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information you deem necessary. To determine the city's ability to provide services to the proposed area it is necessary to document: . Each department's existing capacity to provide an adequate level of service to the proposed area; . Additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and . Cost of providing additional service. Existing Conditions: Proximity to existinq arterial and collector roads. The Mobility Plan designates FM 428 as a Primary Major Arterial, FM 2153 as a Secondary Major Arterial, and Hartlee Field Road as a Collector. Forty-two (42) tracts have actual frontage along FM 428; forty-one (41) tracts have frontage on FM 2153; and thirteen (13) tracts have actual frontage along Hartlee Field Road. Future Land Uses. The proposed annexation area contains three future land use designations: Rural Areas, Existing Neighborhoodllnfill Compatibility Areas, and Neighborhood Centers. The vast majority of the area is within Rural Areas. Existing Neighborhoodllnfill S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc ATTACHMENT 1 Compatibility area locates north of Hartlee Field Road. Neighborhood Centers locate within the boundaries of the proposed Existinq land uses. The vast majority of the area is undeveloped/pasture land. There are approximately 60 residential units, including single-family residential units and mobile homes; approximately 64 structures (barns, sheds, shops); one convenience store; one church; and a city water treatment plant Prominent natural features. The area to be annexed includes the Milam Creek and Clear Creek basins. Environmental Sensitive Areas (ESAs), including floodplain, stream buffers, water-related habitats, and upland habitats, are spread through out the proposed annexation area. See map attached map. Proximity to other service providers. The annexation area is along the northeastern border of the City of Denton. Based on current data, there is a 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Deborah Viera in the Planning and Development Department at deborah.viera@cityofdenton.com by September 16, 2005. You may reach her at 349-8368 if there are any questions. LOCATION MAP OF PROPOSED ANNEXATION AREA -----~. ~..~ ...)- ... . .. .... .i .1~1.. ...~ .~ ~ ~/ . . .... ~ .:' = =. :;;~~:t= .~~ ~- ~r."'ik: .. ~'J'~ ~ '...~ ~ ~~l~~. "r .~' .. ~:!' .....~\, +J- "r't-' t:t!, 'I~)"~. . ~ ;;::;:. ........... .. !L ...>>'. ;::" ~..., . . . . ,r'l:j\ ~'o n'j\1 ': ~ '.f--l . .' =_.. r'-~\JlP \ I \ I 11>-...>=j.1 -L-.U f--J!:J r. ~: ..... ..' . . l~ f---'..: '"", A'~.. M. .. . F :--;:.- . . /" TI"'"..... . . . . 11 l . .. =-=- . I . · In~. .~. I( .I~ \ L' .rb . . ::.: .~ . ~. - -+..1 iuiir t::s!,--. I ~. ~ i~ . ~ 11.t!J . '"' l '1 1\ ~ .l~ 0 ill' "~~ .. "~ "". \~$ ... _,.... ~ 1!1- :~.:. it .~ ,,~..w.:~ : t::: (.!lP~ Q': '-l .S . . rfro ~ 1 ..' . . .. ~ ~ : ~H \ 1 t;1~ ~ . ~. . :' c ". :.' r ,~~~ I;';'::.... . ~ ? . .:!!!I L s:\ 1 11. J: ! d.. .~~. "'1"1 .~T'9' . r; A ~11iR"ll= --'-------t 1 I'. -U H - ( ~ _ . ,,~ }I...{l ~ Lj'--'--i ~.: Ait. ~ ! fJ 1M"." Parcels Proposed for Annexation C Current City Limits T I 1.. r---- '~IY. I~ (f..--./ l:: L, \ T---- . ".....,.-u FI I-- -:I 't: '--'- ----" .. ~. . .... , . ~m:..' 'f r iii. . AERIAL OF PROPOSED ANNEXATION AREA SERVICE ANALYSIS A05-0002 Fire 1. Fire and Emergency Medical Services can be provided to the area from station( s) # 4 & 5, located at 2210 E. Sherman Dr. and 2250 W. Windsor St . 2. Estimated response time. 10 minutes 3. Appropriate response time in the City. 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? NO If yes, what is the CIP program year? N/A 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? NO. If yes, when should this station be operational? N/A 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. N/A 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? N/A Is there an accepted fire fighter to population ratio that can be used for planning purposes? N/A Additional Comments: Dean A. Brav Person to contact if there are questions 09/15/2005 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are, Water Works Park and Natatorium Pool complex .5 miles to the south, and the Greenbelt Trail and Clear Creek Nature Center approximately 2 mile to the east. The lake Ray Roberts State Park areas are to the north and east approximately 1 to 5 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not extend to the general area of the proposed annexation. Existing open space land at Clear Creek Nature Center and the Greenbelt trail along with facilities of lake Ray Roberts will provide regional park needs. As neighborhood subdivision development occurs neighborhood parks and community parks with athletic facilities will be necessary. Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for street right of way mowing is estimated at $1,432.00 for the 11.63 miles or 34.94 acres of new right of way mowing areas to come into the city. Service Standard: Based on $41.00 per acre per mowing cycle. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along FM428, S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 FM2153, FM2718, Woodland Hill, Hartlee Field, Elm bottom Circle, Warschun Road, Shepard and Burger Roads. Additional Comments: Denton Parks and Recreation Department will attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park land Dedication requirements to purchase or expand existing parks within the service area of this development. Bob Tickner, Superintendent of Park Planninq and Development Person to contact if there are questions 9-1 5-05 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Police 1. Estimated average response time for this area based on current department conditions: Priority 21 minutes Non-priority 42 minutes Average 34.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 11 minutes Non-priority 27 minutes Average 19 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? Yes If yes, how many? 5 What type? Patrol Officers. Five patrol officers would provide one officer per shift around the clock and dedicated to this area. 4. Will additional equipment and funding be needed to serve this area? Yes If yes, what type? Five additional patrol cars fully equipped. 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. Last year (2004), the Denton County Sheriff's Office responded to approximately 200 calls in the proposed area. The Denton Police Department expects to respond to a similar number of calls after annexation, at least in the short term. Uncommitted patrol time would be dedicated to proactive community policing activities. For failure to specifically dedicate officers to this area would mean a dilution of existing resources committed to other areas of the city and an proportionate increase in response times in those areas. At what population level would another police facility be required? Projected additions to the current police facility will accommodate any population increases resulting from this annexation project. Future annexations of this size may be an issue. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Is there an accepted officer to population ratio that can be used for planning purposes? Currently, 1.79 officers per 1000 citizens. Geographical considerations and estimated response times to calls for service without additional officers override ratio considerations as it relates to this annexation. Additional Comments: An important consideration is that an annexation of this size and type will clearly require additional resources if we're to maintain service delivery at the current level for the remainder of the community. For failure to add resources sufficient to provide service delivery at a level already deemed insufficient would be to exacerbate existing staffing concerns. Animal Services: One staff person and one vehicle will be needed to cover the area. Code Enforcement: One staff person and one vehicle will be needed to cover the area. Charles Wiley, Chief of Police Person to contact if there are questions 9/12/2005 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Librarv 1. Estimated additional funding needed strictly based on proposed annexation and development. $150,000 in additional funding is needed based on the proposed annexation. 2. Please comment on the cumulative impact of annexation and development. The proposed annexation will have no direct impact on library services in the City of Denton. 3. At what population level would another library facility be required? 125,000 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.4 per capita 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. One professional degreed librarian with Master of Library Science per 1,000 of population or .11 and one full-time equivalent staff per 1,000 population or .462. 6. At what population level would another library facility be required? 125,000 7. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. The same per capita as listed in #4 above. 8. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. The same per capita as listed in #5 above. 9. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? No. The number of staff will need to be increased. S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 10. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 3 additional employees (librarians) will be needed to meet anticipated customer demand at our North Branch facility. Additional Comments No additional comments. Eva Poole, Director of Libraries Person to contact if there are questions September 7,2005 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? FY 2006 service rates will apply. 4. What is the typical revenue collected per: Residential Household: $17.25/ month - Large Refuse Cart $16.50/ month - Medium Refuse Cart $3.50/ month - Residential Curbside Recycling Cart Commercial Service: Various container sizes are available. Rates vary by container size. Contact Customer Service at 940-349-8787 to discuss. 5. Will additional equipment be needed to serve this area if annexed or developed? No 6. Will additional employees be needed to serve this area if annexed or developed? No 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Unknown. Servicing this area will be added in with our existing service requirements for the City of Denton. As this area and Denton's other service areas continue to grow additional equipment and additional staff will eventually be required. Is there an accepted equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: Scott Lebsack 940-349-8069 Person to contact if there are questions Sept. 15, 2006 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? Not applicable 2. What type of lines and facilities would be required to serve this area? Not applicable 3. Are any new lines or facilities proposed for construction to serve this area? Not applicable 4. Are there any potential responsibilities if this area is annexed? Not applicable 5. Please comment on the cumulative impact of annexation and development. Not applicable At what population level would additional equipment be required? Not applicable Is there an accepted equipment to population ratio that can be used for planning purposes? Not applicable Is there an accepted employee to population ratio that can be used for planning purposes? Not applicable Additional Comments: Denton Municipal Electric is not certified by the State to provide electric utility service to the annexation area beyond Elm Bottom Circle should a request be made by a property owner. Don McLauqhlin Person to contact if there are questions Auqust16,2005 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. 54 inch Location of water line. FM 428 & FM 2153 Distance from proposed annexation. Within 2. What is the nearest City of Denton sewer line? Size of sewer line. 12 inch Location of sewer line. 650 feet south of Loop 288 on Sherman Distance from proposed annexation. 2,500 feet 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines 54 2003 FM 428 and FM 2153 = Sewer lines Construction of proposed Clear Creek Water Reclamation Plant and a interceptor sewer line sized to serve the draining area based on zoning and land use established in the proposed annexation requirements. Timeline is dependent on development activity in the Clear Creek watershed 4. Are there any City of Denton lines included in the proposed annexation? 54 inch transmission pipeline along FM 428 and FM 2153 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 18,750 Is there an accepted equipment to population ratio that can be used for planning purposes? One crew per 18,750 population. Is there an accepted employee to population ratio that can be used for planning purposes? One employee per 5,770 population. Additional Comments: A. WaterlWastewater Facilities Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this transmission pipeline at designated connection points that were designed into the pipeline. S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 The proposed Clear Creek Water Reclamation Plant has been permitted by TCEQ to provide wastewater service in the Clear Creek/Milam Creek/Culp Branch watersheds. The current zoning for the majority of the proposed annexation area is agriculture. The sewer line size required to serve the proposed annexation area will be determined based on the zoning and land use per the annexation requirements. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Tim Fisher, Assistant Director of Water Utilities P. S. Arora, Assistant Director Wastewater Person to contact if there are questions Sept. 7, 2005 Sept. 7, 2005 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 EnQineerinQ and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location See comments below Type of Improvement Upgrade of traffic signs Approximate Cost $5,000.00 2. Are any of these improvements presently scheduled to be done at state or federal expense? NO. If yes, please identify facility and anticipated date improvements will begin. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). For any new development, existing drainage facilities must be improved, or new drainage facilities constructed to comply with the City's drainage standards in the Development Code Subchapter 19. All costs for drainage facilities for new development, including dedication of right-of-ways and drainage easements, and acquisition of drainage easements are the responsibility of the developer. A significant portion of the area is contained within special flood hazard areas designated (floodplain areas) by FEMA on the Flood Insurance Rate Maps. The City participates in the National Flood Insurance Program, and developments will be required to comply with the requirements of the National Flood Insurance Program and the City's Flood Prevention and Protection Ordinance. Special flood hazard areas cannot be developed and will be designated as Environmentally Sensitive Areas. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? YES. If yes, what type of equipment or facility? When development happens, an increase in signs and markings will be realized, thus more maintenance time and supplies will be required. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? See response under Additional Comments section. Is there an accepted equipment to population ratio that can be used for planning purposes? See response under Additional Comments section. Is there an accepted employee to population ratio that can be used for planning purposes? See response under Additional Comments section. S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Additional Comments: There is an insufficient existing and proposed roadway system in this area to service the proposed development. A comprehensive roadway study (location, type, etc) will be required as a part of the Traffic Impact Analysis (TIA) and a change to the mobility plan: roadway component, pedestrian & bicycle component and rail & trucking component may be required as a result of the TIA's findings. FM 2153 and FM 428 are unfunded TxDOT roadways in this area. Hartlee Field Rd is an unfunded City roadway. The TIA will be required to show ultimate and interim improvements to these roadways, as well as phasing, as a result of development in the area. Edward Witkowski, P.E. Senior Engineer, Drainage and Floodplain Administrator Person to contact if there are questions 9/16/2005 Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc SERVICE ANALYSIS A05-0002 Denton Independent School District 1 . Education services are currently provided by: Denton and Sanger Independent School districts 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? No responses have been provided. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? No responses have been provided. 4. Estimate additional funding needed strictly based on proposed annexation and development. No responses have been provided. 5. Will projected school taxes from this development provide that additional funding? No responses have been provided. 6. Please comment on the cumulative impact of annexation and development. No responses have been provided. 7. At what population level would other school facilities be required for the City of Denton? No responses have been provided. 8. Is there an acceptable employee to population ratio that can be used for planning purposes? No responses have been provided. Additional Comments: Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-11-05\2 - Compiled_Service Analysis.doc Legend ATTACHMENT 2 w~; CNTY D ~~~ Notification Limits / I \~ "'0 if- ~/? Proposed Annexation / 15 -" , ....~~:E~ay~ - I L Wi r-1\ jf--l- IL PC ~ V L ,...., ~ j f---1lr '. ::l II ~'~~ o 11 ~ IJ: i+ I ~ r ~ !I~(;C~ ,n ~ [\ - -- e---------- l !jJ z T IT I / /\ lDIlf -.J [I . nlLJ~ V / R I \V I I u ~ tl j------L-:14 LII $: .11 t::~ ---i l--I--IT '.F )7'" \\ ! IL TI~ Pi be ~ ~ 0 .on n-~ e-- -~ 0 - f--- f- '---- =f------ f- -- I ~ '"U. AO R9 ~ ~ ~ ~ - ~ ,\~ ~ '" w W ~ C H28 D WA Cf-lUN RD LII 01 ~e-- I 'j IJ :2 L- _".- J F;.::jl ~ ~.. ::::J ---c , 37 IJ ~ > == r-c \jl .11 ~ ,;~J~ TI u, BO r 1r"J1 TTl I \ L e-- \ ::~~" ~ ~~~~ . l )/<) l \ "l f-J i--o 1,250 2,500 5,000 Feet , f-J ~III I ~I T NORTH DENTON ANNEXATION Planning and Development Department - City of Denton 221 N Elm St. Denton, Texas 76201 , (940) 349-8350 f\_~ If ) (~~< V'" cO'G RD / co ~ ;:;r GENERAL DESCRIPTION. SUBJECT TO CHANGE AFTER A MORE SPECIFIC DESCRIPTION IS PREPARED. SHERMAN DRIVE - RAY ROBERTS TREATMENT - CLEAR CREEK RECLAMATION & CRAVER RANCH 09/21/2005 13:10 19403829995 ROBERT S JEHVIHS F~i~,'3E 01 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings onluesday, October 4, 2005, to consider annexing approxImately 51900 acres into to the corporate city tne City of Denton, Texas. The property to be annexed is generally located in the northeastern area tt..!~,=;ty of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosec vour information is the annexation and z.one change request schedule, which notes all the required (ncetillgs The Planning and Zoning Commission will hold separate public hearings, on the same on Wednesdll~ OctOber .12, 2()()S, to consider making II I'eCDmmend.;JtJon to City Council regarding the proposed annexation and zoning the unzoned propet1:y. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locatec at r.:: McKinney Street, Denton, Texas. Because you own property within the proposed annexation arei:, tht) Oty' CounLiI would like to hear how you feel about this annexation reauest and invites you to atten(1 hearings. Public hearings are designed to provide opportunities for citizen involvement and jp order for your opinton to be taken into account, ptease return the enclosed form. with your tomments to the date of the public hearing. (This in no way prohIbits you from attending and participating pue/le hearing.) You may fax it to the number located at the bottom, mail it to the address beio'.'\, u it off tn-person; Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager ~os~~ to ;;u:;:;'j .,r-rY ----" Comments: r I DOKT .:SE~ U ~ BENErl lING F{</:'.i.:),~L"., "'JM,:> R~a.()tr~T At Atr/..., W<.-::: WON'T 6~T wATe;:7,i? 5F~FR. eL~c-rR/~ L^J H~ W e ~ ~ y ,{<ASH B'L.~~,_:~'j~~~ _lJo~sN'r Ne:-1E""O /0 ~D uP e:, iHE~, No Itl-A"'~s ,~-~~~ In favor of reQuest Please circle one: Neutral to request ~~ Signature: Printed Name: i!>f3I:~ ~,...4. ~ Mailing Address: 3'1 \~ 5~h \.. <1.t\. City, State Zip: \\. ""~'("''-1 ,TJr J (a;! (}. '1 \ 7 Telephone Number: Cji..i()- ~8a~ '~'"-l.1tt Physical Address of Property within 200 feet: ~~- ~t=s--- y~.....--~,~<~ CITY OF DENTON, TEXAS CliY HALL WEST. DENTON. TEXAS 76201 . 940.349.8541 . (F) f!4C3'.,S ATTACHMENT 3 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate cIty Of the City of Denton, Texas, The property to be annexed is generally located in the northeastern area City' of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enc:loserj your information is the annexation and zone change request schedule, which notes all the requirec meetings. The Planning and Zoning Commission will hold separate public hearings/ on the same on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m, in the City Council Chambers of City Hall 10c:ateC1 at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and invites you to attend Dubl/e hearings, Public hearings are designed to provide opportunities for citizen involvement and cornrnent.. In order for your opinion to be taken into account, please return the enclosed form with your con,tnents pnor to the date of the publiC hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address: below, elf drop it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ~_.- ( Opposed to req:~~~-',\ 0,",--,. // ...... ' Comments: /" S<.e-.... h,,1) 1.'\"'-. ~::.L ~' 6 ,,'- 5. i -<:.-/:1 Q h Signature: /:' - .,/} (\1 ..~~ .J.t?t /[.;l"rru-v-- /- .A .i.-',"- Pri nted Name :"I..a..~.~_.:-~~...J:-~)... _..$..ej{...... .. .......__ ._...... .. Mailing Address: f, c, B 6. 'Y--- ") '3 t -------------_.~--~ -. -~._._-~,~._--~---_..-.-.....-._,-~ -,..__.,----"-^,"'-_..--,-.--.- City, State Zip: ( /~=~~-ttf=J.,:17~~S-\-----~~=-J:~-~-___~1-~--.~~~..?=____________ Telephone Num~ir: C-'1:1" )_____.__J___~_2..:=__.j_.':LJ:,?==_.__.____._.._ Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST, DENTON, TEXAS 76201 . 940.349.8541. f!4C3i:j NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city Iim:ts City of Denton, Texas, The property to be annexed is generally located in the northeastern area of of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed fo! information is the annexation and zone change request schedule, which notes all the required The Planning and Zoning Commission will hold separate public hearings, on the sameDropen',/~ on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at McKinney Street, Denton, Texas, Because you own property within the proposed annexation area Council would like to hear how you feel about this annexation reQuest and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and commenCe In erder fer yeur opinion to be taken into account, please return the enclosed form with your c:omrtwntc to the date of the public hearing. (This in no way prohibits you from attending and participating public hearing.) You may fax it to the number located at the bottom, mail it to the address below it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ( /7 '/,!-[-U 112/1<2" t1..1 ..aIL h:',t1.4 </ r:: t:{ v . ~/ Llzz/-L1f-1.thttl L,.l Ct..... f./ /1.'Y. ~i r/f1:.';j i/I/[L J!.~i.f2t'E/1 1.'''''Zi , -.' / f.'i /' ,; ,1,_,._ ~fl ~=i-~//, .1.-1"7:;;-> ,i...,;1- _ .----;1---/ i-~/:,/l/ '--- ~ ,.OJ ;-~/ -- . -:<;1 /, -. > jl/I/I u'f.''i" o<vr.'-,,! c(..j1/'"l~'" r:,'" -'.'.' R;Y'~f.._ .,/ /.J', ..f'..<1-1._d' . c? ,/.- J. ,J l/6..7".' /.-"1 /7. /.b:/I (l.-:. {, Ii ) . j . n . "",. t..' :1._. .-". ...- "----c.,-r....--7o...., .---.j .- [~- ..-~. t;.''1 (-- -'--{ -:",. ,--....- --\:.---- ~ Signature: CCA..LJ;~ "<...\..\ l( /{l0~ {/l / - , <--)/ ,rF . /! Printed Name: l( CLU k.J U I/O. ~l I, ,! /1 / " ... , i/ ,~ (- tv, .. . / v;) /J Mailing Address:,,) /; I j /j"'u-e'1-c, [/ tL r:. t:i (,( (L( City, State ZiP:cC;~>;g .(tiLte,<!. /)/>;1 <<-:J 1{,;o;- 1--1 Telephone Number: (';;~, ?~:}/,?1 '. ,~J{5;< Physical Address of Property within 200 feet: SEP 2 ::; iUL=: CITY OF DENTON, TEXAS CITY HALL WEST, DENTON, TEXAS 7 ..E.. 1.9.. P) (d).f,; J\i,T7-;) ,~' .. ..cr::- .~4l~J. ts~ l:u, 't.d , '-'- j' NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city Iim:ts City of Denton, Texas, The property to be annexed is generally located in the northeastern area of of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed fo! information is the annexation and zone change request schedule, which notes all the required The Planning and Zoning Commission will hold separate public hearings, on the sameDropen',/~ on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at McKinney Street, Denton, Texas, Because you own property within the proposed annexation area Council would like to hear how you feel about this annexation reQuest and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and commenCe In erder fer yeur opinion to be taken into account, please return the enclosed form with your c:omrtwntc to the date of the public hearing. (This in no way prohibits you from attending and participating public hearing.) You may fax it to the number located at the bottom, mail it to the address below it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ( /7 '/,!-[-U 112/1<2" t1..1 ..aIL h:',t1.4 </ r:: t:{ v . ~/ Llzz/-L1f-1.thttl L,.l Ct..... f./ /1.'Y. ~i r/f1:.';j i/I/[L J!.~i.f2t'E/1 1.'''''Zi , -.' / f.'i /' ,; ,1,_,._ ~fl ~=i-~//, .1.-1"7:;;-> ,i...,;1- _ .----;1---/ i-~/:,/l/ '--- ~ ,.OJ ;-~/ -- . -:<;1 /, -. > jl/I/I u'f.''i" o<vr.'-,,! c(..j1/'"l~'" r:,'" -'.'.' R;Y'~f.._ .,/ /.J', ..f'..<1-1._d' . c? ,/.- J. ,J l/6..7".' /.-"1 /7. /.b:/I (l.-:. {, Ii ) . j . n . "",. t..' :1._. .-". ...- "----c.,-r....--7o...., .---.j .- [~- ..-~. t;.''1 (-- -'--{ -:",. ,--....- --\:.---- ~ Signature: CCA..LJ;~ "<...\..\ l( /{l0~ {/l / - , <--)/ ,rF . /! Printed Name: l( CLU k.J U I/O. ~l I, ,! /1 / " ... , i/ ,~ (- tv, .. . / v;) /J Mailing Address:,,) /; I j /j"'u-e'1-c, [/ tL r:. t:i (,( (L( City, State ZiP:cC;~>;g .(tiLte,<!. /)/>;1 <<-:J 1{,;o;- 1--1 Telephone Number: (';;~, ?~:}/,?1 '. ,~J{5;< Physical Address of Property within 200 feet: SEP 2 ::; iUL=: CITY OF DENTON, TEXAS CITY HALL WEST, DENTON, TEXAS 7 ..E.. 1.9.. P) (d).f,; J\i,T7-;) ,~' .. ..cr::- .~4l~J. ts~ l:u, 't.d , '-'- j' -w....~___ NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on TuesdaYl October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required rneetings. The Planning and Zoning Commission will hold separate public hearings, on the same propert'y~ on Wednesda~ October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the.' otv Council would like to hear how you feel about this annexation reauest and invites you to attend Dub/Ie hearings, Public hearings are designed to provide opportunities for citizen involvement and comrnem. In order for your opinion to be taken into account please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: Comments: In favor of request Neutral to request . /1.. ',~'. ..../< // /l II ,.A- 7'<;; ''-- ,-.......... Opposed to request .F C5.".:c.- /'~~~ .-- ~ "\~,<.....--~- ~~--- - ~-~-\ ,/ / ......-/_. ./ ..........~_/ S. \. /~'-'~-~i'L;6 ':-::/B/b/ Ignature>/< .... ..'- ~/,..;-,<,~ ./-...<.... ._~. ..... /' . . L' ---"-. -'--'-'-'~ .-\., ,/ PrintedfName:///:' ) ,C(:7'\ t [') . !__/'J)'C?<:) Mailing Acld~~;s: I CJ ~/(/ /~~'-/i/j~/d_.~( 0 City, State Zip: }'~J,(. /, /' c TY' >"'" r:~ ..--,;1 / , r I ,- ,.' ,. ,'--" L I--'~ ""., Telephone Number: (~::'/'!I t> ' ,~3 KI" 'I _I J t '!: " Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . (F) 94C.349. Attn: Deborah Viera City of Denton From: Jane B. Ray 10744 FM 428 Aubrey, Texas 76227 Opposed to request: I chose to build my home in its present location because I did not want to be in the City of Denton. My wishes have not changed and T am violently opposed to this annexation. The City of Denton cannot and will not furnish me services. This property has been in my family 1()l" over 50 years and we have done very well without the city and object to being sucked in to assist in the Craver Ranch Development. If this development is so important to the city why aren't the present developments being included in the annexation? -->) >- > > I <.i! __i j' \j _~ i , -' Jane Bay NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas, The property to be annexed is generally located in the northeastern area of r:he City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed Tory-our information is the annexation and zone change request schedule, which notes all the required meetmgs. The Planning and Zoning Commission will hold separate public hearings, on the same propefty; on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas, Because you own property within the proposed annexation area the Otv Council would like to hear how you feel about this annexation reauest and invites you to atteno the public hearings, Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your cornme:lts prior to the date of the public hearing. (This in no way prohibits you from attending and partic~'Jatlng in the public hearing.) You may tax it to the number located at the bottom, mail it to the address below or dro it olfin-person: Planning and2~'r'~~o:.:es~ Department 0 ~~~U!~ 0 Denton,Texas 76201 SEP 2 6 lUll] -j. Attn: Deborah Viera, AICP, Case Manage P. ,liNG & nEVELOPMENT In favor of request Please circle one: Neutral to request Printed Name: Mailing Address: City, State Zip: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.)-'19. ~ + /) ,.Je.y .--' ,r5 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 200S, to consider annexing approximately 5,900 acres into to the corporate city limi1:~; of City of Denton, Texas, The property to be annexed is generally located in the northeastern area the of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map, Enclosed your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearing~ on the same property, on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the un zoned property. The public hearing will start at 2:00 p,m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area Council would like to hear how you feel about this annexation reauest and invites you to attend hearings. Public hearings are designed to provide opportunities for citizen involvement and ,c, In order for your opinion to be taken into account: please return the enclosed form with your comrnents prior to the date of the public hearing. (This in no way prohibits you from attending and participating In the public hearing,) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ~~~~~_~t~.,~=~-~~~f Comments: " (i Co" /f '.~~~<J < . / l/t; -( 0 /1. ":;'. t..,) tL ,L-Yj ~.- '7/;):j'q f f1 .2 j,!;' 3 fihl~fe it ) 77\' 76;) .:2 7 Telephone Number: r if/} .Ii 'y'3- :2.. ;':/ f C; Physical Address of Property within 200 feet:/. "U!.Pi.l./ /)ut Signature: Printed Name: Mailing Address: City/ State Zip: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 PLANNING & D NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the requirea meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m, in the City Council Chambers of City Hall locatea at 215 E. McKinney Street, Denton, Texas, Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and invites you to attend the public hearings, Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opir-ior. to be taken into account, p!easa,r:eturn the enclos.ed form with YOl!rcomments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below! or drop it off in-person: . Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ...J- Lv'7:t>.i't..o( ). Physical Address of Property within 200 feet: I I PLANNI~G & ~~y'EL~~MENT I CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . IF) 940.WJ7707 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same propertv/ on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p,m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas, Because you own property within the proposed annexation area the Oty CounCIl would like to hear how you feel about this annexation reauest and invites you to attend tf]e public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager In favor of request Please circle one: Neutral to request ~~ /' 011= o/lJ't ~ if '\, "- Opposed to request ;' __,,,,f Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: PLANNING & DEVELOPMENT CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940:j4{,TlU7 09/27/2005 11:04 9408983556 COtiFERENCE SERVICES NonCE OF INTENT TO ANNEX September 21, 200S City or Denton PlaDning aDd Develop..t Department 211 N. Elm neatOD, Teus 76201 Re: 9451 F.M. 411 Aubrey, Teus 16227 TO WHOM IT MAY CONCERN; After mUt!b thoapt and t!onslde....tioato your proposal to annel., I d<<ided that I Deed to voice my opiaio.a. I have bOWd ..any developers iD my tilDe, add believe .me laow daat tben .is ODB} one thiDI on tllei.. mind and that is to "make mODey". Then b nothiag new about tbo pbellolDenon. What I wo.lclllke to see 0 if jllS. onu tile "little guy" un voice the.ir opinioa add the "big guys" aduaDy li.teD. It is Dot always about the big developen aad what tb.ey can offer tbe city. Whether you OW'll just ad atl"e lot or 500 aeres, there iJ a rcuoa that people IIlOVf; '0 .Aub~. We bad a t!lIoite - move to Deaton or move to Aubrey. We tho.e Aubrey aad 10 did lIle rest of the people tbat live here. It wU not 0Il1y for ill beauty. iu calmllell, itl serenity. but for prattical reason. like lower taxes a. welL We wanted out of the city to have 6re works if we wanted it, to bave uimaIJ roaming tbe propeny, to have big gatheringl of family and friends witllou. worrying about parldns "uea. There has been so muth DUnst in our country .. harricaDes, evatuees, loss of bolO~~ and ramily, and thou or u. dealing with loved ones at war. It seems .utb a minor thing to a.k that the peatefulnal of our 1I0me itay tllat way and to Jgve UI in Aubfty. Thank you for your colJsidention. Sioeerely, EJ~ rr= ~ (-~-"\ :-.:::;:.:J (l ,c;'I~'IL_J II L~ "'::::!J 6 U -=-~. i~~'\: i~~ , u: !i I' n SEP 27 ZOUS . ,'J M. Deboralt GiBespie Proud Property Owner in Aubrey , i PLANNING & DEVELOPMENT ! -_I -----_._---_.._-------...--_._--._---~~~-_.._--- .__._._..._--~.- ---_. .._-------~~--_.__. ..- FPOt1 : FLClDPS R( FOUTCH FA>< NO. : 940 383 4499 Sep. 26 200~ os: D3F'tl "1 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Counel of the City of Denton will hold the first of two public hearings 011 IJ,.\esday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate ciN of the City of Denton, Texas. The property to be annexed is generally located in the northeastern are,;! tnf.: City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map, EncloSt~d,!,our information is the annexation and zone change request schedule, which notes all the required ~Y1eetfng5c The Planning and zoning Commission will hold separate public heating~ on the same proptH1X, on Wednesday, October 1.2, 2005, to cons/dllr making a I'SC011ImendatJon to City Councif regarding the pl'Op9ssdannexationaDdzonlng the unzanBd.p~,~.,,_. _ The public hearing will start at 2:00 p.m. in the City Coundl Chambers of City Hall locatf>c i?,t 215 E McKinney Street, Denton, Texas. Because you own property within the proposed annexatIon art:'!} the CounCIl would like to hear how you reel about this annexation request and invites you to attend N,E! hearings. Public hearings are designed to provide opportunities for citizen involvement and c0i11menL order for your opinion to be taken into account, please return the enclosed form with your comme':ts to the date of the public hearing. (This in no way prohibits you from attending and patticlwi:im,;/ public hearing.) You may fax it to the number located at the bottom, mail it to the address hela'x, ~ jrop it off in person : Planning and Development Department 221 N. Elm ST . Denton, Texas 76201 Attn: Deborah Viera, Alep, Case Manager -, '\ In favor of request Neutral to request Opposed to request I ...../ Comments: f.))e It (~ V(f.r<.y t>,,,os@ +0 1M (;" R.!.; &Il~,"t:l AN.Nl;)( A'r/'O . -----.:fF,;,.; ~<-\".,jlE:J' 73 U IIJ TilE e.try we QJ()tA..t..1> JHrve BOIJ.~f/.r IN THe CJ-ry. ALSd ,.,. /tiAKes AID ~AJs€ /.j(j~1li.Ji:. ~,KJ:Je~k:5 ~f!..U.TAIN AUftS OF PE!'r&1...CRe:1> Oi... /J.A}J:ie v b-j."P/;./.) J..A-tJ 7::>.--W~'TITOI.u.b1.Jfi1/...f ST.t;;=~=_~~~ THe fl..AN/VltJ (;. .. ~ol\J ING /?;0II~1> JflGMf;G.~. THEIl{ N Itmr;s. v- P;JoAJri NMftlaEl!slio tJJ e C~It";~~~,~ -' ~ , -rttLK.. fb 71I~fr\ t>Io.Fo~~ 11J1;; mt;~lItJt;S. ~ Uou.LJ) fj-L$o /...II<~ '1b 'KJJbcJ WJlfd P1...tlt,,'1."!1f;5. ~A>>€' SoL); IN -r'H 15 el1 1#7YJe /....liST ~ lI'-o#lH5. Please cirde one: Signature: ~ W. (~ Printed Na cI- 'DII's"'-) G. W- FOI.J---rCH Malling Address: 55S5 WaoDLAIJ"D MILLS "DR/Uj; . City, State Zip: Dg~JJJ I n 11,~J-E~/5' . Telephone Number: Q40 - 3g OJ - 39;;<1 I ql.kJ- .3t1- 1337 r"PiX Physical Address of Property within 200 feet: 5555 LJqJ7)LA1J1:> J.}/LLS ])R)/JE; CITY OF DENTON, TEXAS CITY HALL WEST . PENTON. TEXA r~:~ '\ i :,' ~ ~ : H . ~&~8d41 ......J PLANNING & DEVELOpfv1 FRor'1 FAi< NO. 5633590484 Se:P. 27 2005 01: 1Bpr,) f'1 -'-"'--,'.-~~--........_--~--- NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) I IThe boundaries of the proposed annexation have been revised. Pleas~see the attached maDS for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately S,900 acres into to the corporate cit'f lim'ts c;f the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of of Denton's Extraterritoriai Jurisdiction as shown shaded in the enclosed map. Encloser;: Ilnformation is the anne~a. tion and _Lo,ne ch~nge request schedule: which, notes all the required The Planning and Zonmg CommIssIon will hold separate pub/lc heanngs, on the same I we. dnesday, October 14 200~ to consider making iil recommendation to Oty Council propnsed annexation and zoning the unzoned propelty. IThe pubHc hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located ~1;~ McKinney Street, Denton, Texas. Because yol./ own property within the proposed annexation ar,'{j CO{fiJcITWoo/dli!?tTto7ri:!lJr1rlJwyoa fe-el about this. annexation -reClClest'ahd-fnVitesyotttcr attC{}(j tht, hearings. Public hearings are designed to provide opportunities for citizen Involvement and cornmfO;;;=c order for your opinion to be taken into account, please return the enclosed form with your cornrnen:s to the date of the public hearing. (This in no way prohibits yol./ from attending and participiJtt!ir; publiC hearing.) You may fax it to the number located at the bottom, mail it it off in-person: i Icomments: I I I Planning and Development Department 221 N. Elm 5T Denton, Texas 76201 ii S E P 2" Attn: Deborah Viera, AICP, Case Manage , , ' Please circle one: PLANNII\ll1 8, -~..._-~. , Neutral to request Opposed to request .1)J ;::~vc 11.- t ~C':-Pt.t-4# I -.,.....-.-.'. --"-,.,',--.._~.,.._- -~--'----"---_.._..__. -"-. .._._...-.......__.~..... .--". Signature: Printed Name: Mailinq Address: City, State ZIP: Telephone Number: Physical Address of Pro erty within 200 feet: 7.6'.227 /' if 'I CITY OF DENTON$ TEXAS CITY HALL WEST' DENTON. TEXAS 76201 . 940.3498541 . (F) 940c31H. ~i ~~,,:~-:::,:;~~_::_:::~';'~c:~~:~:::'::~~=----:::':~~~:<::";':-_~_~--=-~-:' -'I 1! !; NOTICE OF PUBLIC HEARING i: I' ;; AOS-0002 (North Denton Annexation) r ,j! Ii ~iThe City Council of the City of Denton will hold the first of two public hearings or: Tuesday, II ~iOctober 4, 2005, to consider annexing approximately 5,900 acres into to the corporat!' the Ii j!City of Denton, Texas, The property to be annexed is generally located in the northeastE"'j ({ the Oty ii ~!of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map, your- Ii ~iinformation is the annexation and zone change request schedule, which notes all the meetings. !j i! The Planning and Zoning Commission will hold separate public hearings, on the same . -on 1:1 II Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding I II the proposed annexation and zoning the unzoned property. I: liThe public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall at 215 E. Ii 1;:MCKinney Street, Denton, Texas. Because you own property within the proposed annexation area the O"ty \1 ...1 Council would like to hear how you feel about this annexation request and invites you to attend the PUbliCI'.) I hearings, Public hearings are designed to provide opportunities for citizen involvement CJnl'llent In I) i!ordet for your opinion to be taken into account, please return the enclosed form with :i: i:jto the date of the public hearing. (This in no way prohibits you from attending and [he ;\ "'j _ ." _ h 1!(;''::~:7~=;~~! You ma: fax it to the number located at the bottom, mail it to the address below, or drop Ii \~~f.[~- !~~W~~) Planning:::;?r~l~~~~::;artment I, I, c:~? 2 8 2U05 Attn: Deborah Viera, AICP, Case Manager .! : u ~~ ~~ i Please circle one: Neutral to request ql.2~6/ Opposed to PLAroNI~m 8,- OF LOPMENT 1i ----------Irrfcw&o request ~!Comments: h ":; ;: :1 ~~ .. . '~7.~~~ ff11' rrl"- c-{ h,;j~ /.j.c.&c.(;J)'u... ---. ~i ~~_'il.1 ~ Tf ~ avrc. ~ ~ Lt/ ,#-::~'r:.'r.~k//;~~> 1\ "'i"t. ~~.e1 ~ hrP';t 2RJ' If/~it:. tn-t ~et<.- ./j-/', ,/< ~.r'- JI./6'. ,,,-!' ..-J"" :isignature: 1(/ (J. (~~1~'d-Yl'?~ !! Printed Name: fI Le.E ~C{. 7> . 61/ l 121 (" ,...; ijifVlailing Address: .5b33 Wl!"'PvJ,.F/ Jv D HI"'/. 5 ~ R .. 1jCity, State Zip: r'!)pNTuN) IX "1t2.oq :j\Telephone Number: q V {/ ~,g7 -~ :$1 13 ~ Physical Address of Property within 200 feet: t'.~.::...-.-.-_ 7f" 112<1 17,1\? CITY OF DENTON. TEXAS CITY HALL WEST . DENTON, TEXAS 76201 . 940.349.854i . TlO7 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map, Enclosed "IX your information is the annexation and zone change request schedule, which notes all the required rneetings. The Planning and Zoning Commission will hold separate public hearings/ on the same propert}.~ on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p,m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area tilE' LllY CounCl! would like to hear how you feel about this annexation reauest and invites you to attemj pUblic hearings. Public hearings are designed to provide opportunities for citizen involvement and commep:. In urder for your opinion to be taken into account, please return the enclosed form with your comments pnor to the date of the public hearing. (This in no way prohibits you from attending and participatmg in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below! or drop it off in-person: ~jl S~~~~J i anning and Development Department 221 N. Elm ST Denton, Texas 76201 n: Deborah Viera, AICP, Case Manager I I ~AN~I~G&IR1}'v~~~~o~~J Please circle one: Neutral to request Com~en~s~. ... . J ../. _ /' _ '-. _-cr 1-1/ r. i,))/e' 1/1' Lb PJ/j?tll \) C~4 W,l i);1 q ::7 ~l::;,j7 C {.co} /).Jf /~~ -",/' / :'- - 0/7---/ i/rO.-f>.1 6:.:~" e -jq:nJi 5,:2 71"" <i45 ~ }/}/1?// Ie) D! ~i~~~f" s,.t... ., /........ . ,-+.. ;.::z:. .J w'? (j ,"'.. <' ..0> f1 y; c: < . ~.~.. C7 , / I "/C.~ (7 r b e~'cj: .~ <:~ )r::~cf;Y?c t/:'; .6llr PT /l/J/r , Signature: R F:!!J ;/i--tP L/??p Printed Name: 13 C? 17)/ }/.I' if}} ))/ Mailing Address: .5--~l-:>- '73~- h r'ecn VoJ/ey {'}/1 (1'),.., r' City, State Zip: A LIb r e y IX /7 If; ;,,:;;;;.:; ,/ Telephone Number: 9 {i:.: () ~ :.3 8 '/ c' /73 -9 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) (l4(JJ, October 30, 2005 City of Denton Members of the City Council 215 E. McKinney Denton Texas, 76201 RE: North Denton Annexation Dear City Council Member: My family and I relocated to your City last month to move out to the country and get away from the metropolitan rat race we have experienced for our former years. The day of our new home closing (September 16th), we learned about the proposed North Denton annexation. We were surprised and concerned but were left with no other decision than to close on the Property as our former house closed several days prior. We have met with our neighbors. We are not numerous due to the limited population in the area today, but we are united share the same concerns. The proposed development is not welcome, provides no benefits to the property owners, and only increases congestion, noise, and raises our taxes. Let me ask you: If you lived in this area, would you want and support this annexation for purposes of a new development with no benefits, no enhanced public services, ... ..yet adverse complications from the development such as those listed above? I think not! Here's the impact on me and my family: · Our home is Property #50 on the Annexation map. We bought the home at a above-market high value, much higher than any of my constituents. My tax base is already enormous (3x what I was paying on myoid home), and this annexation only increases my taxes. Simply put....I can't afford to pay your taxes. Perhaps after a year or two, I will be forced to move again. · We live on an already busy FM 428 roadway. I have small children and animals. The plan to build multi-use residential and retail will increase traffic and noise in this rural area. There are many other areas more conducive to the planned multi-unit development closer into the City of Denton with roads, utilities and improvement infrastructure already in place. Leave the rural areas to be rural and needed open space. · The law states that there will be a 3-year period on a proposed annexation. Why can't City government ever follow the law! · Our quality of life diminishes due to the annexation. More taxes means less disposable income. Please listen to the people. Stop or delay the annexation at the upcoming public hearing. Many impacted people are counting on you and your vote! Sincerely, Daniel J. Porter 9920 FM 428 Aubrey Tx 76227 940-381-5450 October 30, 2005 City of Denton The Honorable Mayor Euline Brock 215 E. McKinney Denton Texas, 76201 RE: North Denton Annexation Dear Mayor: My family and I relocated to your City last month to move out to the country and get away from the metropolitan rat race we have experienced for our former years. The day of our new home closing (September 16th), we learned about the proposed North Denton annexation. We were surprised and concerned but were left with no other decision than to close on the Property as our former house closed several days prior. We have met with our neighbors. We are not numerous due to the limited population in the area today, but we are united share the same concerns. The proposed development is not welcome, provides no benefits to the property owners, and only increases congestion, noise, and raises our taxes. Let me ask you: If you lived in this area, would you want and support this annexation for purposes of a new development with no benefits, no enhanced public services, ... ..yet adverse complications from the development such as those listed above? I think not! Here's the impact on me and my family: · Our home is Property #50 on the Annexation map. We bought the home at a above-market high value, much higher than any of my constituents. My tax base is already enormous (3x what I was paying on myoid home), and this annexation only increases my taxes. Simply put....I can't afford to pay your taxes. Perhaps after a year or two, I will be forced to move again. · We live on an already busy FM 428 roadway. I have small children and animals. The plan to build multi-use residential and retail will increase traffic and noise in this rural area. There are many other areas more conducive to the planned multi-unit development closer into the City of Denton with roads, utilities and improvement infrastructure already in place. Leave the rural areas to be rural and needed open space. · The law states that there will be a 3~year period on a proposed annexation. Why can't City government ever follow the law! · Our quality of life diminishes due to the annexation. More taxes means less disposable income. Please listen to the people. Stop or delay the annexation at the upcoming public hearing. Many impacted people are counting on you and your vote! Sincerely, Daniel J. Porter 9920 FM 428 Aubrey Tx 76227 940-381-5450 FROM :RSVP and ACT .., .. FAX NO. :9403811847 Oct. 17 2005 04:33PM Pi NOTICE OF PUBLIC HEARING AOS..0002 North DentOn Annexation The Plannlltfl and Zoning eommislllon of the OW of Denton will hold a publiC hearing on Wednesday, OGtober 12, Z005, at 6:3Dpnl at Z15 E. McKInney, Denton Texa. to consider making a recommendation to otv Council regarding the ann_tion and zoning of approximatelY 5,800 acres Intn the corporate cily limits of the Otv of Denton, Texas. The property to be annexed Is generally located In the northeastern area of the my of Denton's Extraterritorial Jurisdiction as shown shaded In the enclosed map. Endosed for your information is the annexation request schedule, which notes all the required meetings. Because you own propertY within the proptJSBd annexatiOn area tile City Council would like to hear 110W you feel abOut tills ilfl""xat/OIl reolJl!Sf and InvllBs you to attend the public hearings. Public hearings ,~re designed to provide opportUnIties for cItizen involvement and comment. In order for . V.our opiniOn to be .taken into account:, please return the enclosed form with your comments prior to the date afths' pOblit hearlng~- (-'fhis-ln-no.way.prohlblts--YOu fromJtttenping anrJ participating in . y fax It to the number located at the bottom, mall"it to the iiadress -~ : Planntng and Development Oepartment . 221 N. Elm ST OCT 1 7 LUU5 DentDn, Texas 76201 Attn: Deborah VIera, AlCP, Case Manager Please drde Gne: Neutral to request r:c;~;~ to ;~~~e:~) ~--- ~ comments .c-~e2- ~C.J (e-tt~r j Signature: Printed Name:. -y~:~ G,p;..:J Mailing Address: ~ :.:;, L{ Z 0 IS ("'" \5 .,ito~ C'F c- ( oa. Cityl State Zip: A.e.A, Co.... ~ '7 ~ ? <;: z z '{ Telephone Number: (!> '1 O'I~ (b .- Physical Address of Property within 200 feet: -, CITY OF DENTON, TEXAS ~ CITY HALL weST' oENTON, TEXAS 16201 · 940}W9.6541 I (F) 940.349.7707 FROM :RSVP and ACT \ FAX NO. :9403811847 Oct. 17 2005 04:34PM P2 Oct 17, 2005 Planl1ing and Development Department 221 N Elm St Deltton, TX 76201 Dear Planning and Development. I want to begin. by letting you know I am very supportive of everything tbe clly docs to direct and control its development, I plan on being an active part of the city and its government for many years to come and I want it to develop as great city. Concerning the annexation, I have only a minor issue to bring to your attention, , own 45 ncres at 3420 Elm Bottom Circle, The map has incorrectly identified the 16 aeres of flood plane being annexed. 1 have included an enJarged map fol' your convenience. Please feel free to call ifuncleaT. Though the city has not elected to annex my homestead. it ha.-; e\ected to annex 16 acres at the very back of my property (previously part of Cross Creek Farm). It would make sense to me to exclude my 16 acres (flood plane only accessible through my land) as it has absolutely no benefit to Denton's tax base or development. Thank you for your con~tderation. Please call at 940-390-1516 if questions. David Grant 3420 Elm Bottom Circle AUbrey. TX 76227 QoJ~ PLANNING & -~-..._~.. ~Ey'~~OPMENT ~ :--; .........., -13~ ... {;:::. ... j ......... ~tfjl ~ ~ ~If .......,......, '~u~~, :~: ~ ~ ~ ~I :;' ~ nm ~ ~ '>"rT y ~~ ~~~ ~~;T!r\ ~ I ~. c:.. , -I ~ I=~ ~~ Cl ""i' ~ ~ ~ ~ A ~ V ~~ .... ""] , I~~ I fa '''~ I" AI IT I- ~lJ= ~ n ~/~~ v ~ J , ~ I t PLANNjN~_~e5VE~g~~,~~.!.. ij .;/, J IE _ PLANNING & ~ELOPMENT -- NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the oroDosed annexation have been revised. Please see the attached maDS for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same prope~ on Wednesday, October lZ 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Councii would like to- h-earhow you feei abouttfris-alTnexatiolTreauest afTa invitt!syou to arrendthe pubJk: hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into accountl please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it . .~~~~ nning and Development Department 221 N. Elm ST Denton, Texas 76201 : Deborah Viera, AICP, Case Manager OCT 1 ~ lUU:.1 PLANNING & DEVELOPMENT Please circle one: Neutral to request Comments: Mailing Address: City, State Zip: Telephone Number: Ph sical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 NOTICE OF PUBLIC HEARING A05-0002 North Denton Annexation The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 12, 2005, at 6:30pm at 215 E. McKinney, Denton Texas to consider making a recommendation to City Council regarding the annexation and zoning of approximately 5,800 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation request schedule, which notes all the required meetings. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reouest and Invites you to attend the public hearings. Public healings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the publrc-hearing. (ThiSuinne-l,A,13yprohibits you from att~ding and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address ~ \7 ~ [D~ : Planning and Development Department 221 N. Elm ST Denton, Texas 76201 OCT 1 2 Lull!) Attn: Deborah Viera, AICP, Case Manager PLANNING & DEVELOP ENT Pi.... circle one: ~--~--:::-" CO:;3~:J~O";~~ l:ut'?3?:;. ~~~ : a-r.d- j;<~~ _,~~ g,. .~ q'--r ~:- d~ /1<.:1 · J"" ': ~ C<-r;L~~ T~L4 ~,;1, ~"'? ~""-'-) 1<:,:1 - ~ J1J. .u....-- ~ '1J,[)~' fi.~ ~-J.-~ ~c...- b4..i-4 p~~ CL-r-cJ.- P-P_4IcJ, 1 ~~ Signature: ~ ~ cf0~~ Printed Name: 5exe..Jrll>i. 'Utt-~ he-y',~ Mailing Address: \ ~OV -r i.....t-- \ fJ->f\-.e..- City, State Zip: '1) e.>A ~"l ...... X '1 Co Lol Telephone Number: 3 8d ~ 3 (. :3 ^ Physical AddresS of property within 200 feet: /0 '0.' F m 42- e ti. ~ h r ., ><. '1 ~ 2-" j CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 .- " " NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the DroDosed annexation have been revised. Please see the attached maDS for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings, The Planning and Zoning Commission wi/I hold separate public hearing~ on the same prope~ on Wednesda~ October 1Z 200~ to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E, McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City . Council. would likerto. hearhow-you teef-about this annexatien-r.e6uest-afielif'rVites -ymHa-attend the pb'b/k- hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in- erson: ~CC~~%7~ ~ Planning and Development Department , - ! ' 221 N. Elm ST , I . ! Denton, Texas 76201 OCT 1 0 LuLlJ L) Attn: Deborah Viera, AICP, Case Manager .~ & DEVELOPMF~IT III fl'l vOl' ofrequest Please circle one: Neutral to request A..,k,Tho-* Y"CL to. Clt. ~~*:ZB'1 10'1'61\'\ The. Signature: ~~ i2 c Printed Name: tlJtY'. ~rt t< ,(!:111~~ Mailing Address: ~ 37 Cor-e ['1\ ucJ.J&;:J {!,il'eJp City, State Zip: ALAbre:1 ,TI. 7lo~ 7 Telephone Number: !iHD - ~~3 - t ~ J~ Physical Address of Property within 200 feet: 1/ CITY OF DENTONJ TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 My name is Nicole Looper. I reside at 9 Woodhaven lL\ubrey, TX. And I oppose this annexation. To identify myself a bit more clearly, I am the daughter of Merwyn Lynch and the grand-daughter of Ray Lynch. Like all of you I have my roots. My roots began \vhere I grew up. Lynch Farms. All through my childhood I watched my Daddy work t\vo full time jobs. Right after my high school graduation he quit his job at Peterbilt of 21 . years to pursue.his-.passion to farm--full time.-Hehas worked very hard for his dream. And it makes me sick to my stomach that you people are wanting to do this to our whole family. As my Dad stated last week he is a fourth generation faf~er. Myself and my brother are the fifth. LL\nd I now lIave a daughter myself, the sixth generation. I see this annexation as nothing more than a \vay for you all to use my family and surrounding neighbors for more tax revenue for yourselves. However, this is my family's love, passion, income, and way of life. Another point I want to bring to you attention. What exactly is our nation going to do when there are not any working farms left to produce our daily necessities? o ~~~ij~~~ o ~~~ij~~ ~ PLA~.~~~G ~~~~EL?PMENT < \, NOTICE OF PUBLIC HEARING A05-0002 North Denton Annexation The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 12, 20051 at 6:30pm at 215 E. McKinney, Denton Texas to consider making a recommendation to City Council regarding the annexation and zoning of approximately 5,800 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation request schedulel which notes all the required meetings. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and intltes you to attend the publiC hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior e-date cifthepubjichearing. (fliis ihfiowayprohibiisyoufrom attending andparticipating in i .'11 fax it to the number located at the bottom, mail it to the address r tJ n : Planning and Development Department OCT 10 2U05 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Vieral AICP, Case Manager ( t~"C.l~_ Ro?vvl CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 My name is Nicole Looper. I reside at 9 Woodhaven Aubrey, TX. And I oppose this annexation. To identify myself a bit more clearly, I am the daughter of Mer\vyn Lynch and the grand-daughter of Ray Lynch. Like all of you I have my roots. My roots began where I grew up. Lynch Farms. All through my childhood I watched my Daddy work two full time jobs. Right after my high school graduation he quit his job at Peterbilt of 21 . years-to pursue his passion- te-farm fu-lltime. mHe.has worked very hard for his dream. And it makes me sick to my stomach that you people are wanting to do this to our whole family. As my Dad stated last week he is a fourth generation farmer. Myself and my brother are the fifth. And I now have a daughter myself, the sixth generation. I see this annexation as nothing more than a way for you all to use my family and surrounding neighbors for more tax revenue for yourselves. However, this is my family's love, passion, income, and way of life. Another point I want to bring to you attention. What exactly is our nation going to do when there are not any working farms left to produce our daily necessities? , " C. ~.-.J ~. I --I '. ..~ \ PLANNiNG & DEVELOPMENT NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the proposed annexation have been revised. Please see the attached maDS for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton/s Extraterritorial Jurisdiction as shown shaded in the enclosed map, Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings/ on the same propertyj on Wednesda~ October 1~ 200~ to consider making a recommendation to City CounCIl regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposer;! annexation area the Oty Council would like to hear how you feel about this annexation reauest and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. ( This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address belowl or drop ." ,,~ r~~~~%7~ ~ 0) 'Ianning and Development Department Jl) OCT 0 fi IUUJ 0 221 N. Elm S1 Denton, Texas 76201. A ~n: Deborah Viera, AICP, Case Manager PLANNING g DEVELOPMENT Please circle one: u" _.L".. .. '-'.'"~'----'.~-'- ....~. _. .... ~~t) In favor of request Neutral to request --- - Comments: Signature: -#M ~~ ' Printed Name: A", JJe~f)r~ j Iles# II€. Mailing Address: c;<I S 1 F / ;k(; If 21 Cityl State Zip: 1f~6 r t!! J l -r e V ~ .S ;J t, 2? 7 Telephone Num:er: 11(t?:'-';;-c( '] ~ 97' 3 Y Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 NOTICE OF PUBLIC HEARING AOS-0002 North Denton Annexation The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, october 12, 2005, at 6:30pm at 215 E. McKinney, Denton Texas to consider making a recommendation to City Council regarding the annexation and zoning of approxirnateiy 5,800 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation request schedule, which notes all the required meetings. Because you own property within the proposed annexauon area the City Council would like 10 hear how you feel about this annexation reauest and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of tne pLJbnC hearing: ( This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to tile oddress below, or drop it off in~per50n: planning and Development Department ~~cc~~~~~ 221N.ElmST Denton, Texas 76201 o Attn: Deborah Viera, AICP, case Manager OCT 0 5 LUU~ Please circle one: ~-'- ~~ PLANNING In favor of reques Neutral to request Opposed to request _ & DEVELOPMENT -..:. ntsn... -'-"-''''''- ..-" ~ - ~ Signature: V~ 0J/, At::.. Printed Name: ~ ft." ~eb()ra..J..... ~ 1\ le S'( Ie Mailing Address:~~l F. M~ L{ 2.--f City, State Zip: A--0..,\;' 're 'j I Ie ~ 7 10 -z.....z/7 Telephone Number: t1 L( 0 - ,;lA 3 -- 11:3 L{ Physical Address of Property within 200 feet: = CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of tne City of Denton, Texas. The property to be annexed is generally located in the northeastern area of of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map, Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings, The Planning and Zoning Commission will hold separate public hearings, on the same propertj~ on Wednesday, October 14- 2005, to consider making a recommendation to City Council regarding the proposedannexation and zoning the unzonedproperty. The public hearing will start at 2:00 p,m. in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the Oty CounCIl would like to hear how you feel about this annexation reauest and invites you to attend thE' public hearings. Public hearings are designed to provide opportunities for citizen involvement and commenL In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing, (This in no way prohibits you from attending and partidpatinq In the public hearing.) You may fax it to the number located at the bottom, mail it to the address belowf or drop it off in-person: ~ V ~ rc ~ U%7 ~ [D~ Planning :::~~v:~~~:oe;rtment i r ~' Attn: Deborah Viera, AICP, Case Manager U IL OCT 0 ;~ t.\JVJ Please circle one: ~ ~c,NN!~1G & DE\i~Lfil.!".M~~ uest ~al to requ~ Opposed to request o~~~.~~~~~~ ~R ~OF\ ~ lJf~Uq *^b~_"fOW- ~. ~~ ~ ~ ~k-~ ~ ~a~lrr:z./~ ~ ~J~~k~./' Signature: ~J;r[j)~ ~ cJw.Jj; LEJ~ Printed Name: Tr<uv'\:- E-.()~~ iT' cJv...s1)t /..... D~~ Mailing Address: J 1f'4 8~ /lA... Cityf State Zip: Avb~ Tr 7(,').2...7 Telephone Number: ~4U- '-t 'SO ~/'A Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.:549 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the orooosed annexation . have been revised. Please see the attached maDS for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold . separate public hearings, on the same property, on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzonedproperty. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would iiketo hear howyvu feelab{)i1t~tl;isannf!}xation reauestand invites YOll to atteno the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account/please return the enclosed form with your comments prior to the date of the public hearing, (This in no way prohibits you from attending and partic/pat/rJg in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: ~) rc. ,"::::-;: r~" I j \\/i r= ~ Planning and Development Department u;;~I~u ~I ~ 0 221 N. Elm ST ~..;< Denton, Texas 76201 .. '" OCT 0 3 2005 Attn: Deborah Viera, AICP, Case Manager please circle one: ~.u<; I'-{ '\ F ANNI~~ & DElIt:~Jest Neutral to request ( / o~po~ to request ~ Comments:. . I () ~ v.( ;; lJ~.eJ l1eL~ ~tl :; 7y~~Lv~/tlf(J/{ 11-/1 lv( Need t>1y tvl -fe ~d "J:::. ~. M.fri~ I rOI,v'7:_<9,v .4- {2rVeJ. 1/1ICD~C.. Jho~e ~'Ke$ w/ i 1 ~_I9-KP u..s (? ~(!)_~J<. k~L.e,u ~cxi 40- Ih ed {~ II-ho';,i;. (;i)LcbP 7- /Ve..! 10 fL(PIf<J7 ~ ,:Iy f-eA-t/eJt.S It tJi {'}.-e S e~ po --'" ~ 'I . fS;.><-< €.S ~A--/-. V""-< <!. ~y r /O<!> '-"" /111';"/ I ~ . Signature:~~t~~ -- :~~I~~:~::::S: ~q;;ECv~~I<^;it-= City, State Zip: ~!J 1C;;j. N 7~;2:r7 ~.- Telephone Number: Ot 40 '?3cf7U'7~ physical Address of property within 200 feet: '-I7f.h;\tolJ./.-s.ch~1/J 2d CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940::A9 Oct 03 05 1I:13p Mark Hannah 9403828111 p. I ; I The City Council of the City of Denton will hold the first of two public hearings on Tuesdav October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city lirrlits liT:' City of Denton, Texas. The property to be annexed is generafiy located in the northeastern area of t,e of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed to rnformation is the annexation and zone change request schedule, which notes all the requireci The Planning and Zoning Commission will hold separate public hearings, on the same property. Wednesda~ October 12., 200Sr to consider making a recommendation to City Council regardinq the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at fVlcKinney Street, Denton, Texas. Because you own property within the proposed annexation area toe COline!! would lIke to hear how you feel about this annexation reQuest and invites you to attend the hearinqs. Public hearings are designed to provide opportunities for citizen involvement and comrTlcr'L iorder for your opinion to be taken into account, please return the enclosed form with your comment; to the date of the public hearing. (This in no way prohibits you /Tom attending and participalirJ9 . !/;J.;...!;earrn. You ma fax it to the number located at the bottom, mail it to the address below} ;y ~~~~U NOTICE OF PUBLIC HEARING 1 AOS-0002 (North Denton Annexation) ~, I il ;5 Janning and Development Department 221 N. EJm ST I ': r T 0 3 2005 Denton, Texas 76201 , L, l~ , n: Deborah Viera, AICP, Case Manager I P MiNiNG & DEVELOPMENT Please drde one: __-." ,i] L_ In-favor of- Neutral to request Opposed to request. ,. !~omments: I --~._--- : p ~/""""~ ~~'.,oQ C<M."'''~ 4 !l I h / . I !Signature: _ ~ Uf_. : - i' !Printed Name: __~ ~Z ;::~ '/ :1 l"ailingAddcess: ~[: ~~~y (lr : ICity, State Zip: ~-M~K 71d 2/tJ-"5SZ.f> il "~ c; Telephone Number: CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.3498541 . [F) 940349.770:' Oct 03 05 Il:I3p Mark Hannah 9403828111 p.2 I I I NOTICE OF PUBLIC HEARING I AOS-0002 North Denton Annexation I The Planning and Zoning Commission of the City of Denton will hold a public 1 Wednesday, October 12, 2005, at 6:30pm at 215 E. McKinney, Denton Texas to i making a recommendation to City Council regarding the annexation and zoning of 15,800 acres into the corporate city hmits of the City of Denton, Texas. The property annexed is generally located in the northeastern area of the City of Denton's 1 Jurisdiction as shown shaded in the enclosed map. Enclosed for your information ; annexation request schedule, which notes all the required meetings. Because you own property within the proposed annexation area the City CounCIl would like to how }IOU feel about this annexation reauest and invites you to attend the public hearings~ hearings are designed to provide opportunities for citizen involvement and comment. In your opinion to be taken into account! please return the enclosed form with your commenc: to the date of the publiC hearing. (This in no way prohibits you from attending and partic/park;:;1 the public hearing.) You may fax it to the number located at the bottom, maH it to the below I or diQP it off in- r on: ---~ '-"'-i:~ \-i .- -.r~ ~O~ Planning and Dove lopment Department L.';::::J lJ L~ 221 N. Elm Sf Denton, Texas 76201 . c; Attn: Deborah Viera, AICP, Case Manager I DC1 0 3 20UJ i L- NN\NG & OE~[tr~MEtrr st ents- .---.--- /ll..." ;;'I1',~e.r'7 / /' / Q7 LI.I/, . Please circle one: "' Opposed to request j Neutral to request I- i i ~~~ I Signature: . ~ i Prjntc"d Name: ~ ~ ~ ~.N/~~ d~ I rvlaiitngAddress: ~~ ?~L.-::r I City, State lip: -=:t::?~ ~n ~ . 7" 2../L) ..- 5":;~8 ~!ePhOne Numb." tfl/(l ,s-9/-130~6 Pi'1ysicai Address of Property within 200 feet: 51 CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 ' 940.34ge54~ . (F19.t[v1'jf?Of .--, i I , I it ',t .' ,I :1 it 'I I I 'I ;1 \: I :i i it ;, .\ .1 f I :1 J 10/83/2085 14:46 19403829995 ROBERT S JEHVINS NOTICE OF PUBUC HEARING ~r AOS-0002 North Denton Annexation The Planning and Zoning Commission of the City of Denton will hold a pubHcDn Wednesday, October 12,2005, at 6:30pm at 215 E. McKinney, Denton Texas tc c;'.,nslder' making a recommendation to City Council regarding the annexation and zoning of app;~lxjrT1ateIY 5,800 acres into the corporate city limits of the City of Denton, Texas. Thebe annexed is generally located in the northeastern area of the City of Denton's .::'xtracerritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your lnforrna!\o:,s the annexation request schedule, which notes all the required meetings. Because you own property within the proposed annexation area the City Council WOUld how you feel abOut this ~nnexatlon reauest and invites you to attend the public hearings are designed to provide opportunities for citizen involvement and commenL your opinion to be taken into account, please return the enclosed form with your prior to the date of the public hearing. (This in no way prohibits you fromattenqing imd paftdpltting In the public hearing.) You may fax it to the number located at the bottom, mail it to addft~ss below, or drop it off in-person: ,- .,,--~--".,' -~~, . ...._....,......~._.,~~~--..- ~ Planning ilnd Development Department O 221 N. Elm ST Denton, Texas 76101 TO:) iUUj Attn: Deborah Viera, Alep, case Manager ,J & DEVELOPM~f r of request Comments Please circle one: Neutral to request ~~;~-'~~.."..\ -....._...~,_.,._.,,~.__~ ..~_~..J _.._.__,~~_,..c,..__~__,.__.>.._._m~-- ~~"'~ ~... . l \ ~ .. 5~ ~ Dl ...."" I.. ," \ -" JI' ~ -'I,.ic.'~'~'K","- _~~:'...<-~J:."'~~. ' "~",,, r-"~;; "\". I T'(')~d.-/t)+f::"~~i~m.~-"~ ~ ,,~~~~ =-~. ) ~ X'f\.~' \ ~~\f" u \ '" ~ \ \~'- ~ 4- t)~.t>~_...L:iuc ~-i~ ~.. I":) ~ o\..... \f'. ~ <:;) V\.. c... ~" i\.. S----~~~--~-j--~.- ---'---~..~' ._---_._.._~---~ -....~_._-"-_._-~~---_.=~-.__..-' I Signature: Printed Name: Lt~'Pt . ~~"'-.~~"'- ~ I Moiling Address: 1; 'i I '\ S""".....b \0;,\ City, State Zip: ~ ~ '{ "- '-..A . --rx I v, a rl.. "\ \ . . Telephone Number: Cj '"-fa - .3% ci- 3 <-f ~" \ I Physical Address of Property within 200 feet; ( ~___~__'" .._~.~_~.____~___.___"~_0 __.-....-_..___.,..~~_..__o~.__-'-'-"------'.< ~__...,~w__~~__~.~_._..-_."'" ~._.._-~~-_._-"'-~----'-"----- CITY OF DENTON, TEXAS CITY HALL WEST' DENTON. TEXAS 7620' . 940.349,8541 . 10/83/2005 15:50 18774640900 ALLEN RESTORATION r I I f I P A~jN_!~~~_~,DEVij~~MION~Q est "._~.~--............_- '~~~'."F.'___~", AOS-0002 North Denton Annexation The Planning and Zoning Commission of the City of Denton wili hold a public Wednesday, October 12, 2005, at 6:30pm at 215 E. McKinney, Denton Texas making a recommendation to City Council regarding tile annexation and zoning of 5,800 acres Into the corporate city limits of the City of Denton, Texas. The annexed is generally located in the northeastern area of the City of Denton's Jurisdiction as shown shaded in tile enclosed map. Enclosed for your informaticn annexation request schedule, which notes all the required meetings. 8ecause you own property within the proposed annexatiOn area the City Council would how you feel about this g]]nexation request and invites you to attend the public hearings are designed to provide opportunities for citizen involvement and comment your opiniolJ_~o be taken into account, please return the enclosed form with your to the date of the public hearing. (ThiS in no way prohibits you fromatt~nding and the public hearing,) You may fax it to the number located at the bottom, mail it tr , (~r-:E1fQ.pjt.off' - erson: ~,;: ~ U \W I D~ p~nning :::~~:E~:~rtment OCT 0 ;j 2UOJ Attn: Deborah Viera, AICP, Case Manager NOTICE OF PUBUC HEARING Comments I - ----- , '-- Please circle one: Neutral to request ~-"^--""--~~-- -~~,--^"'-~~~ ---- ~..........,.~~~- _._.~---.----'~~._.~--'-' -..-- -- ,-."..-~_.__._.~------'~--'"-~----"=' ...--' ~ ~-'--~-~.~------_._._-----~ -~=--""-"-----'------"~--~--"""- _.___.__~_~~._._._J----_._-'-~' --- ._._._---""--_.>--_._---._~._~-""-~.__._~ ,..........".,..._~_~-_.--_.-"or-~- ~ -----~....-"'"~-~..._-_.,~~."'-'._"- '. ..--.....-~'~........_._.-_.. ._~~_.~~~~_..-~'" CITY OF DENTON, TEXAS CiTY HALL WEST' DENTON, TEXAS 76201 . 9403498541 . (F: 03;03/2005 04:16 9403872131 JEFF HOE ~J/\Gc NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the DroDosed annexaJ:ion have been revised. Please see he m s for '. The City Council of the City of Denton will hold the second of two public hearings OJ'! Tuesday! October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city :1mits ot the City of Denton, Texas. The property to be annexed is generally located in the northeastern area Of tne Cty of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. EnclosecyCu! information is the annexation and zone change request schedule, which notes all the requIred meetings, The Planning and Zoning Commission will hold separate public hearings, on the same pr{)()ert'y/ ()l'J Wednesday, October 12, 2005, to consider making a recommendation to Oty Counci/ rEqar{flr~g the proposed annexation and zoning the unzoned property. The public hearing will start at 6;30 p.m. in the City Council Chambers of City Hall foca~d ;'It 215 E McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the (~7ty Council would like to hear how you feel about this annexation /'t!!tJuest and invites you to attend t;,enubl!c hearings, Public hearings are designed to provide opportunities for citizen involvement and c:or:menL In order for your opinion to be taken into account, please return the enclosed form with your corfxnents prior to the date of the public hearing, (This in no way prohibits you from attending and partlopc1tJ;'Jg the piJblic hearing.) You may fax it to the number located at the bottom, mail it to the addressJr drop it off in-person: ----t; ~ 1]'1# ~ ~D~ ~anning =E:~::rbnent ttn: Deborah Viera, AICP, Case Manager OCT 0 3 LUU') Please circle one: I I I l ANNING 8.J Dl!V~t'ffill~t~U st ments:-. t~~ ;:: ~~ lAil:~;; ~ ~~ r;/~:;:f~~.~ , ", c.,.NI~ If' ' "" s:e rv.. G4S. Neutral to request ~::- w No~ Mailing Address: 15 6 'f F m '1 zt City, State Zip: -----D~...\.a--. ~r ~ '76 ~ Telephone Number: ~O ~ g 2. ~9~'fL Physical Address of property within 200 feet: 5'~ Signature: Printed Name: CITY OF DENTON, TEXAS CITY HALL WEST. DENTON. TEXAS 76201 . 940.349.8541 . IF) R4D.:~m NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same proper/:yj on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation andzoning theunzonedproperty. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas, Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and invites you to attend the public hearings, Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below! or drop it off in-person: I';;:"~". Planning and Development Department 10>1(] /D) \\ '7 *nW-~r[o~ Den;'~~ ;~~ ~~201 \':::> ~ lJ )1 . . . Attn: Deborah Viera, AICP, Case Manager '1/Z7/0.5'- t OCT 0 ~ 2U05 Please circle one: of re uest Neutral to request ~~fVELOPMENT v e e "i! t t q c h f? c.[ C (17 f'h m e h t s . co;posed to requ~l Signature: '/.~ ~u- L Printed Name: / (1;/ ~(~ r;- Y.l~ On 'v1.lY'f J f'~ Mailing Address: :t] 2J' F "JI L.f Z ff City, State Zip: /\. IJ R R E:~ T X 7&" 2 Z 7 Telephone Number: 9 Lj 0 " 3 ~ 2,- 3 C-3 ? Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.34n. PROTEST NOTIFICATION NORTH DENTON ANNEXATION M / M HARRY DOWN 9325 FM 428 AUBREY, TEXAS 76227 OCTOBER 1, 2005 CITY OF DENTON 215 EAST MCKINNEY DENTON, TEXAS OCT 0 3 2005 Attn: Deborah Viera, Case Manager Honorable Mayor Euline Brock Members Of The City Council Members Of The Planning And Zoning Board PLANNING & DEVELOPMENT Dear Ms Viera: Please let this letter serve as my written "Notice Of Protest" pertaining to the proposed annexation of the property referenced above, and also shown as Property #18 on THE NORTH DENTON ANNEXATION MAP. My reason is checked on your NOTICE OF PUBLIC HEARING AOS-0002, and for the additional following reasons: 1. If this proposed annexation is allowed to pass, it won't currently impact one iota of your quality of life, but without any equivocation it will certainly impact the quality of our lives, and the lives of all the residents in the depicted area, thru the burden of increased taxes, regulations, and ordinances. The City Of Denton cannot contribute anything that this community does not currently have at its' disposal, such as utilities and a quiet private, and peaceful life style. The regulations and ordinances that may be applicable in an urban area would be totally inappropriate for this suburban Green Valley Community. 2. My wife and I will have been married 55 years in December, We are both retired, and living off our retirement investments. I am just two months shy ~ Page 20f3 of my 85th birthday, and am no longer able to put in a full days' work to supplement our income. I am a WW II Veteran B-24 pilot who survived 46 missions in the China Burma Campaign in 1945. I feel like I have already paid my dues. Increased taxes will put a big dent in our discmtionary spending. 3.. Since I am no longer able to put in a full.days' work, I have let a portion of this property return to nature and it has become a wildlife sanctuary for deer~ coyotes, raccoons, possums, bobcats, skunks, armadillos, beavers and many species of wild birds and waterfowl. Everyday we enjoy a different live exhibit of nature at work in our back yard. '!>.. . .......... .'... ." ...... '.. .,. ". . .... . .:c:~~~i\.~~li'teLatld.to raise our children in a rural setting. We built this home in 1964.1 believe it was the first brick home built on Hwy iO-Now FM 428- northeast of Clear Creek. It helped establish the trend for nicer homes in the area. In order to continue this trend we subsequently d,?veloped High Meadow Subdivision, a subdivision of 2000+ square foot homes situated on,2.5 to 3.0 acre tracts approximately 1/2 mile north of our homestead. This enhanced, and accelerated the trend for more high-end residences in the Green Valley Community. If I remember correctly, it has been less than six months since the City Council was advocating bringing more high-end housing to Denton. This is already happening in our community, and incidentally without having to burden its' citizens with increased taxes and regulations. 5. We have two Boliver Water Meters, CoServ COOP Power, Verizon Telephone, IESI Trash pickup, and have had excellent and courteous Sheriff Department .r~s.ponse.' .to... .......s..~~~~~!> .i~~~~.~i,{lllls.,;>~Il(j..~~Y"~~~l\inadvertent triggerings of our alarm system over the years, plus their close surveillanoe of our property when we are out of town. All of these amenities are available to the JNC Partners of the proposed Craver Ranch Development without additional City of Denton taxes to the citizens of this community. 6. I haven't a clue concerning what plans JNC Partners envisions, but' the Craver Ranch Development is approved there is probably a good chance that there will be a sea of identically colored roof-tops on similar shaped houses and apartments with little, or no individuality, such as the houses and apartments one can observe in numerous areas of Denton, and in Flower Mound east of the intersection of Interstate Highways 35 E and Highway 3040 at VISTA RIDGE MALL. If your perception of quality Uving Page:3 of3 embraces, these types of developments, It would seem to be reasonable for you to examine the issues that constitute QUALITY LIVING, and our quality of life that you-in conjunction with JNC Partners-are proposing to destroy. 7. FM 428 is a two lane county road crowded with heavy traffic during rush hours, as well as during the day -one cannot safely walk across the road to get the mail and back again-without taking a chance of getting run over. Furthermore, it is the only reasonable direct route between the Craver Ranch Development and Denton, and to the Dallas and Fort Worth accesses to I 35 via Loop 288. FM 428 will ultimately need to be 'widened in order to accommodate the increased traffic. Who is going to pay for this construction cost? I am saddened and surprised that you would even consider this proposed annexation and urge you to do some serious, soul-searching. thinking about what you are proposing to do to our way of life. 8. In the seventies, Denton's Chamber of Commerce Industrial Development slogan was: "A HALF HOUR FROM THE HUB AND A LIFETIME FROM THE HUBBUB." Well, The "HUBBUB" is here now in the form of frustrating traffic jams, and trying to get from one end of the city to the other, due in part to incomplete thru ways and what appears to be poor planning to alleviate this problem. Now, all of that having been said, I'm making an educated guess that the real reason for this proposed annexation is to raise taxes to make up for the financial deficit of the WATERWORKS, and its' projected losses. The NATATORIUM and the C.H. COLLINS ATHLETIC COMPLEX are quality pieces of planning and development and a real credit to the community. The WATERWORKS leaves a lot to be desired for such a prominent facility on two of the MAJOR thoroughfares into and around Denton. Sincerely, y~ j} .w.~" Harry Down CC. Honorable Mayor Euline Brock Members Of The City Council Members Of The Planning And Zoning Board NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas, The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings, The Planning and Zoning Commission will hold separate public hearings/ on the same property, on Wednesday, October 1.2, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E, McKinney Street, Denton, Texas, Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and invites you to attend the public hearings, Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing, (This in no way prohibits you from attending and participating In the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off i!l~person: [E (f; [E UW ~ r(D~ Planning and:Z~~~":.:~ Department Denton,Texas 76201 OCT 0 3 iUU5 Attn: Deborah Viera, AICP, Case Manager ANNING & DEVELOPMENT est Please circle one: Neutral to request Signature: Printed Name: Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: 55 /J ,~t!- /J - ~ A . J. /tjif:;~J,) cl.;J 7 ~~ ~"if.:.~. / CITY OF DENTON, TEXAS CITY HALL WEST. DENTON. TEXAS 76201 . 940.349.8541 . (F) 940.3.19 i'U: ,". ;:,:/l NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the proposed annexation have been revised. Please see the attached maps for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11,2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property/ on Wednesday, October 12, 200~ to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall locatea at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area tne City Councilwould like to hear how youfee! about this annexationreauestafld invites you to attend rhe pUbliC hearings, Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing,) You may fax it to the number located at the bottom, mail it to the address belOW! or drop 'f'~~~~u~~ ~ Planning and Development Department 221 N.Elm ST Denton, Texas 76201 Attn: Deborah Viera,AICP, Case Manager In favor of request Please circle one: Neutral to request NNING & DEVELOPMENT ----."..-.---.....,..--'. ."-".~...'"",,,.-..... it Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . (F) [14C::;4JTC( AOS-0002 North Denton Annexation The Planning 'and Zoning ,comm,ission of the City of Denton will hold a public heanng on Wednesday, october 12, 2DD5,atfj:3Dpmat215 E. McKinney, Denton Texas to consider making a recommendation to City council regarding the annexation and zoning of approximately 5,800 acres into the corporate city limits of the City of Denton, Texas. The property to De annexed Is generallY located in the northeastern area of the City of Denton's Extraterritonal Jurisdiction as shown shaded in thr endosed map. Endosed for your information is the annexation request schedule, which rlotesall the required meetings. Because you own property within the proposed annexation area the City Councii would iike to hear hOW you feei about this annexation reauest and Invites you to attend the public hearings. Pubiic hearings are designed to provide opportunitiesfot citizeninvoivement and comment. In order for )lour opinion to be taken 'into ,account, piease return theendosed form with your comments ",ior to the date of the pUbliC hearing. (This inno,wayprohibits youlrornEttendlng and part:icipafJng In the p. ubiichearing.) You may fax it to the number located at the, J U(~it to th.e... address beiow, or drop it off in-person: ~ ! IJ';, """ If; U "r;~ planning and~~:O~:e;: oepartme [irf.il " . L~::::-J DI..I Denton, TexaS 76201 OCT 0 3 2ilO' Altn: oebOra~Viera,IUCP, Case Man ger I' i i PLANNING & I / Please circle one: ___ DEVELOPMENT . . \ In favor of request Neutra! to "",ues. ("oPPOSed to request i ~ comml(nts U J n' ' .. L!" 1/1IA J' al/'rN. <>1' n...r , \l. "if')" .-,,;. 0 '-~'ll.>ilhv - n.f J ., "" r,) , -1aJo'~ .10'- (t nn' .I.' ,. At1 1l1P. t~ rw .i t) ",,'11/\ . n h .. 0,:;-"" L. ,r _.. ( NAVlo hI\) 1\ In \I'w,J.~ i\ tDll -;rr;;n -'\- :n ~ 'IA' ~ ,iI'l IA'" ",Hlrl\/1') n "",6 ' ~ j M 11 ~ 10. . 1lI.~& b.J I~A 1 r.'~I.I' :t:'\ ( !. A p;: nil", I..':" \;:, " ) . -t. '" t");71 t'\,..uJU I ~: L 'n. UW\I\!t" I 'vu I D . fl~h n II, I. I 1J1r' ,ll.-Jl ,/1 ~ ""' fI.f'-tDx ~ ~ -,.,;:\1. 111 I ~ (0 0 l'1H- " J:L. VVIi\ I f W- frI<l\Il1 ~ J LV AI. ,--IT n nn , · I din )fI\m IA VIlA. '011 , il' I' Oll~ n u.. ',&, --+Eb ,......l ..JL '" r 0,..1 d) J;':O,~) if _ .. ~ :hrD ou1,~Q.~" ..1 II> ~D ~.., ~" ~.t:'" ~. Mn c[H='~, Signature: f1., -iL f7 ;h :1._. } j~'-;!\fip ,If<n.',~,,,,-,, ) -~'iC2 'J ~~ - \ ~:7 ' ~ . ~ Printed Name: '11'." I., r:. n ",('\ -l"lP "".,i p L n ,.I.. . 1../0 be, 1'lVlL' Mailing Address: ?,I!,-i-f) \(1;rviln 1M -.IT I 1 "" ~--- City, State Zip: ~,,,,,..,Y\ '\ \l I c., ~f-fi<.'=' =- Telephone Number: . c(L,n- ~ 9,1:! 1~<.\A;;2--- . Physical Address of Property within 200 feet: ~t:)+ j . \.0mc1\ fl'. Att.1;l:1 II c:, ..'=== NOTICE OF PUBLIC HEARING CITY OF DEN. TON, TEXAs.. C!TYHALL WE~I:..DENTON. TEXAi' 76201 . 940.349.85~ . .(!b).~C.<'...C .".3:'UGI ~...b~ oUJL. (Y~ cWtW.ANV \C(b'il ~ ~ ..'. .. ~~ OA rUM () "', . . .\C\~.'JJ ~ lAJ)Q.....-;~~ tIs ~~.'1I'(DLL), 'JJLtJ0 J:(_~:~\()~~.tA ;aJ;~~ ~C~, NOTICE OF~PUBLIC HEARINIG AOS-OOO.2 (North Denton AnnexatiQn) The boundaries of the orooosedannexatio'nhavebeen revised. Please see theatta(:hedmaosfordetails. The City Council of the City of Denton will ho/d,thesecond of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission willhoit/separate pLJblichearing~ on the same propef"t}j on Wednesda~ October lZ 200~ to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzonec/ prdpei1:y. The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas, Because you own property within the proposed annexation area the City Council would like to hear howyou feel about this annexation reCluestand invites you to attend the public hearings. . Public hearings are designed to providebpportunities for citizen involvement and comment. In order for your opinion to be taken into account, pl.eas~ return the enclosed form with your comments prlor to the date of the public hearing. (This in /70 Way prohibits you from attending and partic/patmg in the public hearing. ) You ma fax. it to the number located at the bottom,. mail it to the address below! or drop ~U~lE rty OCT 0 . ZUUJ l1dJ Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Manager ANNING & DEVELOPMENT In favor of request PIE!aSe circle one: Neutral to request '" Opposed to request ) . ".,_.....--_..._-~.._. Signature: Printed Name: Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: :e Cf4 () ,. (/~ - 30( ,e; CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . (F) 94C.34~!' tiJ ~J- f2~ [t;,+l~ ardZu 6~ ,./:hj/.1.L _ + .d~ v~........., ~~ {LV.' ~ \f-'~. /~ /0--"-'"1"-'" I (j .eel 0 'j .'.", J.~, / '/~~.~0.-,~.~ f~ ~. V7'--' .. a . . /t/~~ ~ /L:~ ?~ ._'f' ..... ~) (~~ A~~h ~ ~_?:I:~ ~~l<. Jf,L-'~.~ac~ ~~~~.,p~zr-,~ t~ ~trj&A: &~/~ W~t&W.~~~~. .1;~ ~~~~~.~-f6 G.~~~~. '.'........ ~~-iI -- '.' .-.................... :" "'. .' .... 6fl ~. cbluv/ ~~. ...j..... .' ~ .. ~./ .""'--' I .... .'. i.................... .~.,. '../ 1-. 'I"~ i" ..... , . ........ i" ~ ~M~44r~C&j_! . 7t~t4 ~~~ ~~ /u- .~ ti~, 0) Jlv ~ ~ ~ .~~ {&2I~ ....~' '.. .~ ~ ~.'( ~.'.1J1.42., U/. jI,L ~ ~+~"2~~~~~ ~Y-*~~h~ C~t~~ I ~J .1 .J/ gj,... /~ _ ;/. IJ '. . ' .;t' /) -~JLC_/~L. ~-/ ~l/~~ .CZ/.~ tk~~bLr-r:; .~~ ." /i) (11, ,/I r..- ....,-~.. ..J. ' CA. / . ~"l..(t.cI '%... U~ \-I~ 4..- / '-1& . tv~ V~~ ~. I, A ~ " . v /.---....., /' ./ A/.J- .: . / 'j tv . ~/z;;,;;; tlH.v ~ fOf'L O'f ~.."'~ ~.~, ~7 L~ ~ . ~ ~ (0u/~. o ~~~u\J!..~~ Cl .)C,n~\ ~ OCT 0 u Lv',)..) PLANNIN~_ &_D~~~~?PMENT --., 'WI~rv .....v V-l- """....... -'r...,.,.... r" " -- FRll'1 :RSW and OCT FAX K). :94B3811B47 Sep. 27 2e05 11:~ Pl NOTICEOFPUBUC HEARING A05-0002 {ltCHth DeI'doA annexatiOn) OtyCouncUrsftheOty Of ...DentDoWfJI hoIdthe....ClflWDpJllJlfc:llellJingson T....." 0c:taIaer4, 200S,toconsider annedngappruxirnall!lyS,9GOilQ'eSlnIotDthecorparate dty limits of lt1e CftyofOenton, Tecas. The pt'OJJeftytDb&annexedis9f*lJlVloaDdln thenortJ1easbln area of the CIty of DentoJfsE41a-.ltallilll .Jurisdiction as .'showo ..shaded In ..ti1e..endased map. Enclosed fer your Informatlon;stheannexattonand zone .chBngerequest '.sdIedufe,'whfch notesalJ the required meetings. n.e"..",..., Zaa6rgQJaMr if bJlwlllhdd SJ1IpIfII/.f! fJltIc ~tJllthesame ptf1pi!I1.y, on ~_~.a.~.4!II1f~""..IIal.......t:IlyD1llllldl~ .pmptJI"'''''''''''''''''''~.IIIIIJIIMd",~... e publiC hearing wfJIsblrtatl.:0Dp.m.mthe.CityQu1Q1 CbafJlbelsofOtyHa11 Iocaredat215 E. MCIOnnE!YStreet,Den\lJn, ....exas.lIet:1Just! rouDrtf1PfJ1P1fi'lrWllJ1/nthefJfl1/fJOl.fll!~ .. the CIty CoIIncJlWDUldllketD :/1esrhtTHYl1IJfeelabtJutthis~~ nI(!'-t MtUntl/tesJlDfJtD attend.tiIe public nBBrlfJgs.PubJicllearingsare designed tnpmvideopporturlliesfa' c:RI2enll'lVOlwment and camment. In order.forygur.api~.~pleJsereUn.tbe.endosedQmwJth'YDurmrnmtmtsprior to the dim! of C.' .(17Jls inllDwaypmh/blts }lDUfmmaltt!nlJfngandpiJrtJr:/pIII:Jng In the ~.!!.tfttnumberleelfldattMbGItDm,mall'ttn.the add,. b8low,er dror3 SEP 3 0 LUU~ .............~.....b........ m N.ElmST DII_,...,75201 D.....~AXP, c.e......... In faVor Of request "- c:Int8... .NeutraI to request r~ _~tDrequest~ -~ ,- ~uS ~ /ffJd~ Signature: Printed Name: Mailing Address: :g7-f)~ Bm C( Ie- t 1-<- City, State Zip: 4- l4.Qr ~ 'F-6.'dS '76 '2--l--7 TefephoneNum~ . . 1 I/o :JfY4?~.? / h cal Address of within200fIIet: /}C-JZ.es.- q il-cve:z #{ ~ ~ fJ/~fJ" /?D:.3 ~ff -:f ~C{ ,h ;'i-t ~ t ":fiC--" -79. J"- j7[ Y.RJ /!-cJ'j2f?11- 'Z5 [)o'1ffTh,ff/' ~Ik-f 36 /i2 0 1}c.J 2--2- 7/1 J IJ (r~k 112* I Ii.> 9. ~ S- {)-r:.,p oC fi- CITY OFlJENTON. lEl"AS cnv...."'.....".... --.........-. . 0ENT0N. TEXAS 76.201 . ..3411.11541 .(F) 940.349.7107 NOTICE OF PUBLIC HEARING AOS-0002(North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday! October 4, 2005! to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas, The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission WI'll hold separate public hearings/ on the same properf:yj on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locatec at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation request and invites you to attencf the public hearings, Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the ublic hearin. You ma fax it to the number located at the bottom, mail it to the address belOW, or drop i .~~~~ O lanning and Development Department 221 N. Elm ST S E P 2 ~ ZUU::J Denton, Texas 76201 : Deborah Viera, AICP, Case Manager PLANNING & DEVELOPMENT In favor of request Please cirde one: Neutral to request Opposed to request Comments: :y:: a /Yl &P;1c-e/n~ rI +/to.. +- r w,' l f he ;)01/ FJ ell \/ !'fOJK;;'! 70-;<'7 ~},'f~~-f ('cca-,'v,';) 07 r,(!l~/fd 'zo1'Y"(,d~{,"\ lf1..C crfn / k f)~/, ,'be:! a:rr -I {.1M t' r WfJ. t""br/'("~ "1 ';'./1/ rYO nc>, 1\ ecd Ci -1"\/ 'd L....L / L ;, J ~. I' y,,r t.' ~ a /I oe I, ~ v~ ,... C ,'"'7 pre I'Vl ~ of", ~ fp Of f1 J/I e Xl i-r! I ~ C, /'('~ /C>'.- /1 ./,,: . dCY~(ollYl~n/' /j>/v"(PrL~r (~LYl..7, ' Signature: ~/~' Printed Name: A 0)1~ f d //'^ /... ( L-- ---- Mailing Address: t...f[O ') tfc,rll<. '- p, (' /J Ac.J.___ City, State Zip: f)(lt-\,k,y> )~' 76~rSfiE -'~-'~"- Telephone Number: C/o Jr_# F{.., J~ 97~ -7Cf'S---- ~700 ^ /) '7{J__.._~_ Physical Address of Property within 200 feet: CfTY 01= DENTON, TEXA> cr:Y J..j,0,LL 'NEeT ODJTm:, TCX.\C 7G201 040.3>l:J.gS~" CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.3491\54': . IF) , U,' 71e7 03/23/2B20 14;54 3404823838 Vi;;Ut.1 POST OFFICE p~; NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the DroDosed annexation have been revised. Please see he a 5 fo The City Council of the City of Denton will hold the second of two public hearings onruesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate i~mjts~r the City of Denton, Texas. The property to be annexed is generally located in the northeastern Cllel;; uf t~'e City Of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclo5e;j 'iour information is the annexation and zone change request schedule, which notes all the requlrec meetings.. The Planning and Zoning Commission will hold separate pUbbc heatings, on the same pn~!Jert}> an Wednesday, October 12, 200~ to consider making a recommendation to City Council Ic'?fjardilJ{j the proposed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall locatei:] a: E McKinney Street, Denton, Texas. Because you own property within the proposed annexation area ttJe CYty Councl! would liktFfoliear fJoWYOfll'eel1ilJlJOt t/1fSt1nnexatioil request and Invites you' to attefii:/ /)ub/JC hearings. Public hearings are designed to provide opportunities for citizen involvement and In order for your opinion to be taken into account, please return the enclosed form with your com;:-1erts prior to the date of the public hearing. (This in no way prohibits you from attending and partlcipiJtlrJg Ny:: vb/Ie healing:) _. x it to the number located at the bottom, mail it to the address droo . ~~~ pele:~ W ~ [D~ Planning and Development Department 221 N. Elm ST S E P 2 !-\ (0:; Denton, Texas 76201 Attn: Deborah Viera, Alep, Case Manager P ,A,N~JlNG & DEVELOPMENT <."'--....... " ---'"", Please circle one: In favor of request / /~i:.:7~:~ Signature: Printed Name: Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: ......: CITY OF DENTON, TEXAS CITY HAl.L WEST' DENTON. TEXAS 76201 . 940.349.8541 . (1') 94G.;IS' Sep 28 05 12:01p p. I i I AOS-0002 (North Denton Annexation) IThe boundaries of the DroDosed annexation have been revised. the attached maDS for details. NOTICE OF PUBLIC HEARING : l \! I Please see 1 The City Council of the City of Denton will hold the second of two public hearings on TUHsdaYf October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city City of Denton, Texas, The property to be annexed is generally located in the northeastern arec, of Denton's ExtraterrItorial Jurisdiction as shown shaded in the enclosed map. Encio5('(j information is the annexation and zone change request schedule, which notes all the requiter: The Planning and Zoning Commission will hold separate public hearings, on the same Wednesdafj October 1.<. 200~ to consider making a recommendation to Dry Council proposed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located i:t McKinney Street, Denton, Texas. Because you own property within the proposed anne)(CltiofJ arei; [COUncil would like to hearhowyou feel about this annexationlcauest and fiwliC!$ you to attend hearings. Public hearings are designed to provide opportunities for citizen involvement and con liT2tiL order for your opinion to be taken into account, please return the enclosed form with your convr,t'/,ts to the date of the public hearing. (This in no way prohibits you from attending and partrcipadr,'g in public hearing.) You may fax it to the number located at the bottom, mail it to the address it off in-person: ----::-__. _ _ _ . Planning and Development Departmen ~ ~ (t:; . Li I 221 N. Elm ST Ei' ~ -'~I ' Denton, Texas 76201 , ~__~ Attn: Deborah Viera, AICP, Case Manag SE? 2_ : ' //(~::~:Of~ ~::: :::u::e: 0 PLAN~I~FV~I- - . t COll"ne~_______ __ _ r ., Signature: Printed Name; ~ ~~,..._~--"-~~--- .,.--"':7 ,;r-:, / ./::> ~ """:.C~""2---- ~ /;:YG.~---....-'<...---'" ~.-'7 ~:c::;.-'?~ V ~1' L?.....,.- o~ ..::..,.. /'-( C6..( .qi~A7 ,r f " ""-_,,-,," t;;., &' ....-<.....~ If\tJailing Address; 65>0 /t~ C,...t..<:CA?,4;... ;;=-lcPf> . 7, -r-k ~)z :".C) C-" /CitYr State Zip: ~~)C:- ,/7 c;. ,t '-"_ !Telephone Number: .'2(..L-( ?bC) 05-0 g Physical Address of Pr?perty within 200 feet: ~~~ /1'-;> 0 :1 f of CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8541 . (F) 94Q:]'~9 NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the requirec rneetings, The Planning and Zoning Commission will hold separate public hearings, on the same property. on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p,m, in the City Council Chambers of City Hall located dt 21.5 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation reauest and invites you to attend tfle public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing,) You may fax it to the number located at the bottom, mail it to the address below; or drop it off in-person: r~, - - --- --.-- - -:--c'-' anning and Development Department ! / L'.: '_.J~! I L_J 221 N. Elm ST i '-<\ --- Dento~f Texas 76201 I Sf:P 2 8 L U I L . .... I Please circle one: _ ~I~_~~~~~~f Neutral to request Co~,nents: 1'+ . . \ -- ..~ f -\- ( , " ~ ~?.., I~' \C\ li": t~ \..j U \= k ~ ~ j J- l'i.<)/.{ { \'\t;",t - 0 L<_ Signature: ~,2i(.,;n il'!J f~lr~L Printed Name: JY}eG'l~j (\ 'RG\~ L !:jn{ll, Mailing Address: !:!,1j 2:/7 G;,'-CI::I\ U~ If Pj, t}fyt{ e.... City, State Zip: AL<hl"~ j - / r XCt S ~'J tn ad.. I Telephone Number: C)J/D ... :::S8~ -- J '811 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8541 . (F) 940 34:}. NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map, Enclosed for your information is the annexation and zone change request schedule, which notes all the required f'"leetmgs. The Planning and Zoning Commission will hold separate public hearings, on the same property; on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the Qtv Council would like to hear how you feel about this annexation reauest and invites you to attend public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In larder for your opinion to be taken into accounL.. please return the endosed form with your cornrnenLs prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it n n r; or drop it off in-person: ~. r. Ie ~ \vl ' U;; \,~ l!;; U - Planning and Development De 221 N. Elm ST Denton,Texas 76201 Attn: Deborah Viera, AICP, Case Mana SEt> '2 8 2DO~) er In favor of request Please circle one: Neutral to request PLANNING & OEVEL_ ., -F,:_:ueSl '"-=--~~-"--~.~ '~~~---'-.-~' Comments: ~.-? i/ . 9,r;7~-o '_0.r f _'e~wl" Mailing Address: /' C) :J y I ,J_ .A" City, State Zip: A i...dDrj/ /d Telephone Number: 9L/O j:? 3 Physical Address of Property within 200 feet: Signature: Printed Name: /C/ ,,-(-.- ~Jt ~ f;;' ? Cd.;] 7 ~Yf;' / /'cJ:J '1/ P J._ 1./;; fI ~t'/."b?"l",-,;':.,.,_,_'i <~,~:~/ CITY OF DENTON, TEXAS CITY HALL WEST, DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349. From: To: Date: Subject: <sharris@advantexmail.net> <deborah.viera@cityofdenton.com> 11/1/2005 8:13:22 AM Annexation I just want to go on record as saying how much against this annexation I am. I moved to the country about 24 years ago because this is my background. Enjoy the peace and quite. I realize you want to take the water treatment plant into the city of Denton. Its just down the road a piece from me. I'm number 27 on map. Take the water plant but leave us. I cant pay the extra taxes and will most llkley have to sellout. I wanted to retire here. I respectfully request that you leave my property out of this annexation. Shirley Harris 7056 Burger Rd Aubrey Tx ATTACHMENT 4 ANNEXATION SCHEDULE Potential Annexation (A05-0002) Notices to Intent to Annex (30 day prior to 1st PH) will be send on September 2nd. Tuesday, 10/4/05 Tuesday, 10/11/05 Wednesday, 10/12/05 Tuesday, 11/08/05 Friday, 11/11/05 Tuesday, 12/13/05 City Council conducts first public hearinq. . Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. City Council conducts second public hearinq. . Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation. City Council by a four-fifths vote institutes annexation proceedings. (Special Called Meeting) First readinq of annexation ordinance. . Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Ordinance published . The ordinance cannot be acted upon until at least 30 days after publication. City Council by a four-fifths vote takes final action. Second readinq and adoption of the annexation ordinance. City Council considers approval of zoning request. . Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1 st reading). The second reading of the ordinance and zoning approval could be held any time between December 14, 2005 and February 6, 2006. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1st Reading of the Ordinance) more than 20 days after the second City Council public hearin2: but less than 40 days from the first City Council public hearin2:. - 1 - s:\Our Documents\Ordinances\05\A05-0002.DOC ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 5,800 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE IN THE NORTHEASTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED BETWEEN THE CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAlLER SURVEY, ABSTRACT NUMBER 452, J. CLARK SURVEY, ABSTRACT NUMBER 247, J. CHEEK SURVEY, ABSTRACT Nill.1BER 227, H. WILLIAMS SURVEY, ABSTRACT NUMBER 1417, J. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S. MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY, ABSTRACT NUMBER 489, J. PETTY SURVEY, ABSTRACT Nill.1BER 1027, P. O'LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT NU1\1BER 761, J. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT NUMBER 933, DENTON COUNTY TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A05-0002) WHEREAS, the City Council finds that the property being annexed as particularly described in Exhibit "A" attached hereto and made a part hereof by references (the "Annexation Area") contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is involuntary and is being made under Subchapter C-l of Chapter 43 of the Texas Local Government Code; and WHEREAS, the Annexation Area is located within the extraterritorial jurisdiction of the City of Denton; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on October 4, 2005, and October 11, 2005, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, on or about October 12, 2005, the Planning and Zoning Commission recommended disapproval of the annexation; andi WHEREAS, annexation proceedings were instituted for the Annexation Area by the introduction of this ordinance at a meeting of the City Council on November 1, 2005; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on November 4,2005, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation is in the public interest and will allow the city to ensure development consistent with the Denton Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Annexation Area is hereby annexed into the City of Denton, Texas. SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. . SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City. If any part of the Property is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5: 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: BY: 2 EXHIBIT "A" All that certain lot, tract or parcel ofland lying and being situated in the County of Denton, State of Texas, and being all or part of the V. GailerSurvey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. 0' Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933 and being more particularly described as follows: BEGINNING at the Northwest comer of the existing Denton city limits established by Ordinance 74-36, Tract IV, and being on the south line of the J. Cheek Survey, Abstract Number 227 and the north line of the H. Williams Survey, Abstract Number 1417 said point being 584.85 feet West of the centerline of Farm to Market Road 428; Thence South 31 degrees 15 minutes 00 seconds West, a distance of2,907 feet to a point for a corner on the south line of a called 283.734 acre tract described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas, said point also being 500 feet west of and perpendicular to the centerline of Farm to Market Road 428; Thence North 86 degrees 38 minutes 20 seconds West, along the south line of said 283.734 acre tract a distance of2,691.39 feet to a point for a comer and also being the southwest corner of said 283.734 acre tract; Thence North 03 degrees 59 minutes 06 seconds East, along a west line of said 283.734 acre tract a distance of 1,311. 90 feet to a point for a comer; Thence South 87 degrees 11 minutes 32 seconds East, along a north line of said 283.734 acre tract a distance of 112.95 feet to a point for a comer; Thence North 03 degrees 54 minutes 43 seconds East, along a west line of said 283.734 acre tract a distance of 2,243 .16 feet to a point for a comer and also being the northwest corner of said 283.734 acre tract; Thence South 88 degrees 35 minutes 40 seconds East, along a north line of said 283.734 acre tract a distance of 2,577.3 5 feet to a point for a comer on the west line of a called 92.701 acre tract described in the deed to Jeffrey W. and Jeanie T. Noe from Denis E. and Catherine A Ferrari, being recorded in Volume 2879, Page 544, Real Property Records, Denton County, Texas; Thence North 02 degrees 57 minutes 25 seconds East, along the west line of said 92.701 acre tract a distance of 2,054.35 feet to a point for a comer on the south line of a called 292.369 acre 3 tract as described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 200l-R0028444, Real Property Records, Denton County, Texas; Thence with the south line of said 292.369 acre tract and within the meanders of Clear Creek the following eleven bearings and distances: North 77 degrees 49 minutes 17 seconds West, a distance of268.87 feet; North 63 degrees 35 minutes 15 seconds West, a distance of 449.29 feet; North 31 degrees 52 minutes 40 seconds West, a distance of 416.78 feet; North 72 degrees 20 minutes 46 seconds West, a distance of383.69 feet; North 69 degrees 37 minutes 45 seconds West, a distance of232.89 feet; North 23 degrees 58 minutes 38 seconds West, a distance of 746.25 feet; North 60 degrees 31 minutes 44 seconds West, a distance of224.19 feet; North 87 degrees 02 minutes 31 seconds West, a distance of 156.60 feet; North 32 degrees 56 minutes 10 seconds West, a distance of 127.09 feet; North 43 degrees 45 minutes 57 seconds West, a distance of 169.89 feet; North 02 degrees 10 minutes 13 seconds East, a distance of 169.59 feet; Thence South 87 degrees 36 minutes 57 seconds East, along a north line of said 292.369 acre tract a distance of 1,179.97 feet to a point for a corner; Thence South 86 degrees 54 minutes 46 seconds East, along a north line of said 292.369 acre tract a distance of 663.58 feet to a point for a comer; Thence South 88 degrees 16 minutes 20 seconds East, along a north line of said 292.369 acre tract a distance of 658.14 feet to a point for a comer; Thence North 06 degrees 36 minutes 34 seconds East, along a west line of said 292.369 acre tract a distance of 297 . 78 feet to a point for a comer; Thence North 29 degrees 15 minutes 38 seconds East, a distance of 52.46 feet to a point for a corner on the north line of said 292.369 acre tract; Thence South 86 degrees 08 minutes 32 seconds East, along the northern most line of said 292.369 acre tract a distance of 808.30 feet to a point for a comer; Thence South 86 degrees 13 minutes 20 seconds East, along the northern most line of said 292.369 acre tract a distance of 1,143.06 feet to a point for a comer on the west line of a called 132.18 acre tract as described in the deed to Ray and Betty 1. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence East, along a north line of said 132.18 acre tract a distance of 858.33 feet to a point for a comer; 4 Thence East, across said 132.18 acre tract a distance of 1,261.12 feet to a point for a comer on the west line of a called 118.13 acre tract as described in the deed to Ray and Betty J. L}TIch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence North, along the west line of said 118.13 acre tract and the east line of said 132.18 acre tract a distance of 2,346 feet to a point for a comer on the south line of a called 40.000 acre tract as described in the deed to Jim Bingham from Cates Bingham, Otha H. Bingham, Minnie E. Skiles, Mae Maddox, Cora B. Kilborn and Edna B. Belew, being recorded in Volume 863, Page 602, Deed Records, Denton County, Texas; Thence East, across said 40.000 acre tract and passing at 1,493 the east line of said 40.000 acre tract and continuing same course a total a distance of 1,895 feet to a point for a comer on the west line of Green Valley Circle; Thence North 09 degrees West, along the west line of Green Valley Circle a distance of281 feet to a point for a comer on the west line of said Green Valley Circle; Thence East, across Green Valley Circle a distance of 48 feet to a point for a comer on the west line of a called 6.53 acre tract as described in the deed to Devron Jeffers from Marjorie Jan Miller and Doris Joan Miller Seale, being recorded under County Clerk's File Number 00- R0018777, Real Property Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line ofWarschun Road a distance of 418.72 feet to a point for a corner being the southeast comer of said 6.53 acre tract; Thence East, along the north line ofWarschun Road a distance of 558 feet to a point for a comer and being on the east line of a called 3.157 acre tract as described in the deed to Larry D. and Patricia J. Hopper from Walter Glen and Glenda Lou Keen, being recorded under County Clerk's File Number 97-R0042996, Real Property Records, Denton County, Texas; Thence North 03 degrees 17 minutes 00 seconds East, along the east line of said 3.157 acre tract a distance of883 feet to a point for a comer and being the northeast comer of said 3.157 acre tract and also being the northwest corner of a called 2.048 acre tract as described as Tract Two in the deed to James Whitlock from Marjorie Pitner, being recorded in Volume 830, Page 645, Deed Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of said 2.048 acre tract a distance of96.58 feet passing the northeast comer of said 2.048 acre tract and being the northwest corner of a called 4.00 acre tract as described as Tract Three in said James Whitlock deed, a distance of 189.68 feet passing the northeast comer of said 4.00 acre tract and continuing same course a total distance of 860 feet to a point for a corner on east line of a tract of land conveyed to James Whitlock and wife Fren Whitlock, being recorded in Volume 1467, Page 903, Deed Records, Denton County, Texas, and said point being on the west line of a called 18.721 acre tract as described in the deed to Julia Fern Nicodemus from the Estate of Winnie Fern Sauls, 5 being recorded under County Clerk's File Number 2002-R0136989, Real Property Records, Denton County, Texas; Thence North 04 degrees 17 minutes 10 seconds East, along the west line of said 18.721 acre tract and passing at a distance of 171 feet the northwest comer of said 18.721 acre tract and also being the southwest comer of a called 41.087 acre tract as described in the deed to Lawrence E. Nicodemus, II and Julie F. Nicodemus, and Raymond Gene Shaw, Sr. and Betty Shaw from Raymond Gene Shaw, Jr., being recorded by County Clerks File number 2003-ROl13243, Real Property Records, Denton County, Texas and continuing same course and along the west line of said 41.087 acre tract a total of 1,356.69 feet to a point for a comer and being the northwest comer of said 41.087 acre tract; Thence South 86 degrees 16 minutes 41 seconds East, along the north line of said 41.087 acre tract a distance of 873 feet to a point for a corner and being a southwest comer of a called 20.00 acre tract as described in the deed to Gary Lynn and Kerry Sure Lewis from Charles A. and Joy Wood Betzel, being recorded under County Clerk's File Number 93-R0076013, Real Property Records, Denton County, Texas; Thence North 01 degrees 58 minutes 09 seconds East, a distance of347.05 feet to a point for a comer and being the northwest comer of said 20.00 acre tract and also being a southwest comer of a called 75.985 acre tract as described in the deed to Lee M. and Beverly Janzen from Tom McCutcheon, being recorded under County Clerk's File Number 2004-111489, Real Property Records, Denton County, Texas; Thence North 01 degrees 57 minutes 22 seconds East, along the west line of said 75.985 acre tract a distance of 1,687.44 feet to a point for a comer being the northwest comer of said 75.985 acre tract; Thence South 87 degrees 59 minutes 05 seconds East, along the north line of said 75.985 acre tract a distance of 1,531.36 feet to a point for a comer on the west line of a called 170.204 acre tract as described in the deed to Edwin G. and Nancy J. Pickett from Patsy L. Hutton and John H. Driver, being recorded by County Clerks File number 97~R0041237, Real Property Records, Denton County, Texas; Thence North 01 degrees 00 minutes 00 seconds East, along a west line of said 170.204 acre tract a distance of 829.66 feet to a point for a comer; Thence in a North 01 degrees East and across said 170.204 acre tract a distance of 1,813 feet to a point for a comer on the North line of Shepard Road; Thence West and continuing along the north line of said Shepard Road a distance of 3,589 feet to a point for a comer, said point being on a west line of a called 1,898.19 acre tract as described in the deed to JNC Partners Denton, LLC, from the Kenneth Craver Family Trust, being recorded under County Clerk's File Number 2004-51648, Deed Records, Denton County, Texas; 6 Thence North 00 degrees 10 minutes 40 seconds East along a west line of said 1,898.19 acre tract a distance of 2,892 feet to a point for a corner; Thence along the boundary of said 1,898.19 acre tract the following sixteen bearings and distances: South 88 degrees 48 minutes 27 seconds West, 4,780.48 feet; North 00 degrees 04 minutes 01 seconds West, 1,060.35 feet; South 89 degrees 24 minutes 48 seconds West; 2,288.75 feet; South 88 degrees 51 minutes 54 seconds West, 248.71 feet; North 00 degrees 01 minutes 41 seconds East, 4,076.10 feet; North 89 degrees 24 minutes 17 seconds East, 390.88 feet; North 89 degrees 13 minutes 19 seconds East, 2,132.51 feet; South 00 degrees 42 minutes 30 seconds East, 1,977.58 feet; North 89 degrees 50 minutes 20 seconds East, 1,884.63 feet; North 00 degrees 22 minutes 30 seconds West, 2,799.94 feet; North 00 degrees 20 minutes 42 seconds West, 1,324.91 feet; North 00 degrees 35 minutes 19 seconds West, 465.52 feet; North 89 degrees 36 minutes 58 seconds East, 898.29 feet; North 89 degrees 51 minutes 35 seconds East, 1,978.29 feet; South 02 degrees 32 minutes 59 seconds East, 422.73 feet; North 89 degrees 42 minutes 58 seconds East, 768.78 feet; Thence North 89 degrees 46 minutes 02 seconds East, a distance of 1,622.87 feet to a point for a corner and being the southwest corner of a certain described tract of land to Glena Dean Allen from Jo Ann Terry and Curtis Allen, being recorded in Volume 2331, Page 482, Deed Records, Denton County, Texas; Thence North 01 degrees 49 minutes 50 seconds West, along the west line of said Glena Dean Allen tract a distance of 1,773.1 feet to a point for a corner on the south line of Farm to Market Road 2153; Thence North across Farm to Market Road 2153, a distance of90 feet to a point for a corner on the north line of said Farm to Market Road 2153 said point also being the beginning of a curve to the left having a radius of2,819.79 feet; Thence with said curve to the left and along the north line of said Farm to Market Road 2153 an arc distance of216.08 feet, said curve has a chord bearing and distance of North 86 degrees 14 minutes 00 seconds East, 216.03 feet to a point for a corner; Thence North 84 degrees 02 minutes 17 seconds East, along the north line of said Farm to Market Road 2153 a distance of 44.97 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of 2,909.79 feet; Thence with said curve to the right and along the north line of said Farm to Market Road 2153 an arc distance of335.34 feet, said curve has a chord bearing and distance of North 85 degrees 41 minutes 54 seconds East, 335.16 feet to a point for a corner; 7 Thence North 89 degrees 00 minutes 00 seconds East, along the north line of said Farm to Market Road 2153 a distance of 1,239.80 feet to a point for a comer; Thence East a distance of 588 feet to a point for a corner on the west line of a called 20.092 acre tract described in the deed to Elias Argumaniz; being recorded under County Clerk's File Number 96-R0059083, Real Property Records, Denton County, Texas; Thence North 02 degrees 19 minutes 00 seconds East, along the west line of said 20.092 acre tract a distance of 651 feet to a point for a corner, said point being the southwest corner of a called 6.8117 acre tract to Hilliard and Larry Joe McLoed, being recorded in Volume 1119, Page 94, Deed Records, Denton County, Texas; Thence North 00 degrees 40 minutes 51 seconds West, along the west line of said 6.8117 acre tract a distance of239.33 feet to a point for a corner, said point being the northwest corner of said 6.8117 acre tract; Thence North 81 degrees 05 minutes 03 seconds East, along the north line of said 6.8117 acre tract a distance of 992.17 feet to a point for a corner being the northwest comer of the Lot 1, Block A, Ray Roberts Water Treatment Facility Addition, being recorded in Cabinet D, Page 104, Plat Records, Denton County, Texas; Thence North 80 degrees 33 minutes 33 seconds East, along the north line of said addition a distance of 994.48 feet to a point for a corner Thence North 80 degrees 29 minutes 05 seconds East, along the north line of said addition a distance of970.07 feet to a point for a corner on the west line of Lake Ray Roberts Road; Thence South 01 degrees 04 minutes 41 seconds East, along the west line of said Lake Ray Roberts Road a distance of 598.52 feet to a point for a corner on the north line ofthe remainder tract of land described in the deed to Alfred G. Coulter and Grace Lena Coulter, being recorded in Volume 383, Page 552, Deed Records, Denton County, Texas; Thence South 00 degrees 30 minutes 58 seconds East, along the west line of said road a distance of 1633 feet to a point for a corner on the north line of Burger Road; Thence South, across said Burger Road a distance of 48 feet to a point for a corner on the south line of said road; Thence West, along the south line of said road a distance of 780 feet to a point for a corner and being on the east line of a called 91.08 acre tract described in the deed to the Kenneth Craver Family Trust, being recorded in Volume 1683, Page 649, Real Property Records, Denton County, Texas; Thence South, along the east line of said 91.08 acre tract a distance of 2, 180 feet to a point for a corner being the southeast corner of said 91.08 acre tract; 8 Thence West, along the south line of said 91.08 acre tract a distance of 851 feet to a point for a corner and being a southwest corner of said 91.08 acre tract and also being the southwest corner of a called 17.19 acre tract described in the deed to Mary Craver Denny from Hemy William Denny, being recorded in Volume 2861, Page 588, Real Property Records, Denton County, Texas; Thence South 89 degrees 35 minutes 00 seconds West, along the south line of said 17.19 acre tract a distance of 1,282.5 feet to a point for a corner on the east line ofFarrn to Market Road 2153; Thence South 01 degrees 52 minutes 00 seconds West, along the east line of said road a distance of2,337.42 feet to a point for a comer Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of2,548.01 feet to a point for a comer and the beginning of a curve to the right having a radius of5,774 feet; Thence along said curve to the right and along said road an arc distance of 301.80 feet, and having a chord bearing and distance of South 01 degrees 41 minutes 51 seconds West, 301.77 feet to a point for a corner; Thence South, along the east line of said road a distance of 13.79 feet to a point for a comer and being the beginning of a curve to the left having a radius of 5,684 feet; Thence along said curve to the left and along the east line of said road an arc distance of 298.19 feet, and having a chord bearing and distance of South 00 degrees 05 minutes 49 seconds East, 298.16 feet to a point for a corner; Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of 3,245 feet to a point for a comer and being the beginning of a curve to the left having a radius of 1,100.92 feet Thence along said curve to the left and along the east line of said road, an arc distance of 461.82 feet having a chord bearing and distance of South 13 degrees 36 minutes 57 seconds East a distance of 458.44 feet to a point for a comer; Thence South 25 degrees 38 minutes 00 seconds East, along the east line of said road a distance of 762.40 feet to a point for a corner and being the beginning of a curve to the right having a radius of 1,954.86 feet; Thence along said curve to the right and along the east line of said road, an arc distance of 874.53 feet having a chord bearing and distance of South 12 degrees 48 minutes 58 seconds East, 867.26 feet to a point for a corner; Thence South, along the east line of said road a distance of 505.98 feet to a point for a comer; 9 Thence South 67 degrees 36 minutes 49 seconds East, along the east line of said road a distance of 76.17 feet to a point for a corner on the north line of Farm to Market Road 428 and being the beginning of a curve to the right having a radius of 622.96 feet; Thence along said curve to the right and along the north line of said Farm to Market Road 428, an arc distance of 476.21 feet having a chord bearing and distance of North 67 degrees 17 minutes 55 seconds East, 464.70 feet to a point for a comer; Thence North 89 degrees 13 minutes 00 seconds East, along the north line of said road a distance of 1,173 feet to a point for a comer; Thence South, across said road a distance of 100 feet to a point for a comer on the north line of a called 73.782 acre tract as described in the deed to R. H. Venable, being recorded in Volume 450, Page 635, Deed Records, Denton County, Texas; Thence South 02 degrees 17 minutes 20 seconds West, along the west line of said 73.782 acre tract a distance of 1,254 feet to a point for a comer and being the northeast comer of a called 32.332 acre tract as described in the deed to Thomas McCutcheon, being recorded under County Clerk's File Number 00-R0071021, Real Property Records, Denton County, Texas; Thence South 00 degrees 37 minutes 02 seconds West, along the east line of said 32.332 acre tract a distance of 451.35 feet to a point for a comer being the northeast comer of a called 144.597 acre tract to Double W. Fanus, LLC, from Nancy Johnson Pickett, being recorded under County Clerk's File Number 2004-78032, Real Property Records, Denton County, Texas; Thence South 02 degrees 30 minutes 22 seconds West, along the east line of said 144.597 acre tract a distance of 1,376.10 feet to a point for a comer; Thence West, a distance of 1,965 feet to a point for a comer and being the southeast comer of a called 9.366 acre tract, as described in the deed to Wallis 1. Winegar and Jane Winegar, being recorded under County Clerk's File Number 2004-84536, Real Property Records, Denton County, Texas; Thence North 17 degrees 32 minutes 18 seconds West, along a east line of said 9.366 acre tract, a distance of 312.65 feet to a point for a corner; Thence North 34 degrees 52 minutes 42 seconds East, along a east line of said 9.366 acre tract, a distance of 165.00 feet to a point for a comer; Thence North 13 degrees 13 minutes 30 seconQ.s West, along a east line of said 9.3 66 acre tract, a distance of 309.49 feet to a point for a comer; Thence North 73 degrees 23 minutes 27 seconds West, along a east line of said 9.366 acre tract, a distance of 199.30 feet to a point for a comer on the North line of said 9.366 acre tract; 10 Thence North 88 degrees 27 minutes 27 seconds West, along the north line of said 9.366 acre tract, a distance of 124 feet to a point for a comer on the east line ofPR 2718; Thence South, along the east line ofPR 2718, a distance of786 feet to a point for a comer on the north line of a called 65.149 acre tract as described in the deed to Edwin and Nancy Pickett from Jeffery A and Desiree B. Gutknecht, being recorded in Volume 4428, Page 1439, Real Property Records, Denton County, Texas; Thence South 88 degrees 36 minutes 49 seconds East, along the north line of said 65.149 acre tract, a distance of 169 feet to a point for a comer and being the northeast comer of said 65.149 acre tract. Thence South 01 degrees 19 minutes 14 seconds West, along the east line of said 65.149 acre tract, a distance of 1,467.54 feet Thence North 87 degrees 10 minutes 37 seconds West, along the south line of said 65.149 acre tract a distance of 890.70 feet to a point for a comer; Thence North 87 degrees 32 minutes 03 seconds West, along the south line of said 65.149 acre tract a distance of 961.66 feet to a point for a comer; Thence West, along the south line of said 65.149 acre tract a distance of 206 feet to a point for a comer on the north line of Saul Road; Thence South 55 degrees West, across said Sauls Road a distance of 118 feet to a point for a comer on the south line of said Sauls Road; Thence West along the south line of said Sauls Road a distance of 301 fee to a point for a comer and being on the east line of a called 41.449 acre tract as described in the deed to Tom and Mandy McCutcheon, being recorded in Volume 5265, Page 5057, Deed Records, Denton County, Texas; Thence South 03 degrees 48 minutes 14 seconds West, along the east line of said 41.449 acre tract a distance of2,640.34 feet to a point for a comer in the north line of Elm Bottom Circle; Thence North 85 degrees 55 minutes 04 seconds West, along the north line of said Elm Bottom Circle and the south line of said 41.449 acre tract a distance of 766.19 feet to a point for a comer on the north line of said road and being the southwest comer of said 41.449 acre tract and being the southeast comer of a called 22.366 acre tract as described in the deed to Julia Fern Nicodemus, being recorded in Volume 5201, Page 2560, Deed Records, Denton County, Texas; Thence North 86 degrees 40 minutes 40 seconds West, along the north line of said Elm Bottom Circle and the south line of said 22.366 acre tract a distance of762 feet to a point for a comer and being the northwest comer of a called 1.885 acre tract as described in the deed to Henry L. Vaughn, Sr. and wife Carolyn H. Vaughn, being recorded under County Clerk's File Number 2004-119851, Real Property Records, Denton County, Texas; 11 Thence South 02 degrees 24 minutes 43 seconds West, along the west line of said 1.885 acre tract, a distance of 415.50 feet to a point for a comer and being the southwest comer of said 1.885 acre tract; Thence North 76 degrees 18 minutes 06 seconds East, along the south line of said 1.885 acre tract, a distance of225.81 feet to a point for a comer and being the southeast comer of said 1.885 acre tract and being on the west line of a called 10.0001 acre tract as described in the deed to Joseph M. Strittmatter and wife Marla A. Strittmatter, be recorded in Volume 5301, Page 5281, Denton County, Texas; Thence South 01 degrees 09 minutes 45 seconds West, along the west line of said 10.0001 acre tract, a distance of 267.25 feet to a point for a comer and being the southwest comer of said 10.0001 acre tract; Thence South 87 degrees 51 minutes 54 seconds East, along the south line of said 10.0001 acre tract a distance of 654.22 to a point for a comer, and also being the southeast comer of said 10.0001 acre tract and being located on the east line of Lot 1, Block 1, of the Clear Ridge Addition, being recorded in Cabinet R, Page 260, Plat Records, Denton County, Texas; Thence South 01 degree 59 minutes 11 seconds West, along the west line of said Lot 1 a distance of 1,564.75 feet to a point for a comer being the southeast comer of said Lot 1, said point being in Clear Creek; Thence along the southern boundary of said addition, and within the meanders of Clear Creek the following twenty-two bearings and distances: South 70 degrees 51 minutes 01 seconds East, 708.72 feet; South 60 degrees 27 minutes 45 seconds East, 325 feet; North 85 degrees 56 minutes 25 seconds East, 537.62 feet; North 37 degrees 07 minutes 29 seconds East, 203.66 feet; North 01 degrees 03 minutes 20 seconds East, 450.53 feet; North 89 degrees 05 minutes 56 seconds East, 449.23 feet; South 37 degrees 31 minutes 28 seconds East, 136.08 feet; South 09 degrees 16 minutes 55 seconds East, 194.18 feet; South 14 degrees 54 minutes 31 seconds East, 225.00 feet; South 06 degrees 33 minutes 49 seconds East, 258.46 feet; South 33 degrees 44 minutes 54 seconds West, 272.00 feet; South 08 degrees 33 minutes 20 seconds East, 148.00 feet; South 60 degrees 48 minutes 48 seconds East, 230.00 feet; North 65 degrees 00 minutes 37 seconds East, 662.74 feet; North 71 degrees 09 minutes 55 seconds East, 321.07feet; North 50 degrees 06 minutes 07 seconds East, 163.52 feet; South 87 degrees 28 minutes 50 seconds East, 105.00 feet; South 87 degrees 07 minutes 53 seconds East, 100.00 feet; South 45 degrees 27 minutes 48 seconds East, 333.50 feet; 12 South 66 degrees 18 minutes 45 seconds East, 172.00 feet; South 59 degrees 31 minutes 12 seconds East, 420.00 feet; South 67 degrees 40 minutes 21 seconds East, 209.56 feet and being the southeast comer of said addition and a northeast corner of a called 207.54 acre tract to the City of Denton, being recorded under County Clerk's File Number 00-0004186, Real Property Records, Denton County, Texas; Thence South 01 degrees 18 minutes 04 seconds West, along the east line of said 207.54 acre tract a distance of 2,956.98 feet to a point for a comer; Thence North 89 degrees 07 minutes 34 seconds East, along a north line of said 207.54 acre tract a distance of 579 feet to a point for a comer on the west line of Hart lee Field Road; Thence South 02 degrees 58 minutes 57 seconds West, along the west line of said road a distance of 2,213 feet to a point for a comer on the north line of said road; Thence West, along the north line of said road a distance of8,108 feet to a point for a comer; Thence South 56 degrees West, continuing along the northerly line of said road a distance of302 feet to a point for a corner; Thence West, continuing along the north line of said Hartlee Field Road, passing at 2,535 feet the transition point to the north line of Woodlands Hills Drive and continuing along said Woodlands Hills Drive a total a distance of 2,990 feet to a point for a comer; Thence South, along the west line of said Woodlands Hills Drive a distance of 194 feet to a point for a comer on the south line of a called 3.599 acre tract, as described in the deed to Buddy F. Dobson and Bessie Lou Dobson from Walter E. Parker and Mildred Parker being recorded in Volume 654, Page 214, Deed Records, Denton County, Texas; Thence North 87 degrees 43 rninutes 00 seconds West, a distance of 617 feet to a point for a comer, said point being a southwest comer of a called 1,083.5749 acre tract, as described in the deed to Donald J. Carter and Linda Jo Carter from Home Interiors & Gift, Inc., being recorded under County Clerk's File number 94-R0065442, Real Property Records, Denton County, Texas; Thence North 87 degrees 26 minutes 09 seconds West, a distance of 1,164 feet to a point for a comer on the existing city limits line established by said Ordinance 74-36, said point being 500 feet east of the and perpendicular to the center ~ine of Farm to Market Road 428; Thence North 31 degrees 15 minutes 00 seconds East, along the east line ofthe existing city limits line established by said Ordinance 74-36 a distance of3,698 feet to a point for a comer and being the northeast comer of the existing city limits established by said Ordinance 74-36; Thence North 86 degrees 27 minutes 40 seconds West, along the north line of the existing city limits established by said Ordinance 74-36, and passing at a distance of 584.85 the centerline of said Farm to Market Road 428 and continuing same course for a total distance of 1,169.70 feet to the POINT OF BEGINNING and containing in all approximately 5,768 acres ofland. 13 1VL:1DlI' ~ I.: j ""~Ulr \ .~. ..: .. j ~~~~\ 1m" =:j ,-- r -~.~ .~t1.\ .::r..~~ ~ 1\ ~ ~---.-- ~ ... .: 1-:.. ~'-- . ~ v ~N.... : ... 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III I--- - - :>-c-: '--- LOCATION MAP 14 EXHlBIT "B" CITY OF DENTON ANNEXATION SERVICE PLAN FOR A05-0002 (North Denton Annexation) I. AREA ANNEXED The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ETJ). II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021,43.065, and 43.065(b)-(0) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enfor~ement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the 'property upon the effective date of the annexation. The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). D. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date ofthe annexation. 15 E. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. F. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. G. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. H. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Rural Areas, Existing Neighborhood/lnfill Compatibility Areas, and Neighborhood Centers. The Denton PIan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. 16 IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 am. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling seivices are provided by Trinity Waste Services. Contact Trinity at 1-800-766-17,58 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside-recycling service, and yard waste scrvice will occur on the same day each week. Please telephone Customer Service, 940-349-87&7, to find out which day your refuse, yard waste, and recyclables will be collected. Commercial Refuse Service . Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume g~nerated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is ~ubject to code enforcement regulations, including potential fines. :17 Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 am. to 4:00 p.m. Monday through Friday; and 7:00 am. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities The annexation area is along the northeastern border of the City of Denton. Based on current data, there isa 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be thc retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this transmission pipeline at designated connection points that were designed into; the pipeline. In so far as fire flows cannot be provided by other service providers, the City has the capacity to provide such services from existing waterlines, in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code Ch. 395, and the City's impact fee regulations. The southern part of the annexed area may be served by a major sewer collection main traversing the area east to west. The collection main has been designed to carry approximately I MGD and will connect to the City's existing treatment facilities by lift station. The City anticipates that construction of this facility will be completed within 16 mont\1s. This facility will serve property within the Milam Creek drainage basin. The City of Denton has current plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has acquired a site for the treatment plant that lies within the annexed area. The City has obtained a wastewater discharge permit from the TCEQ for thi~ facility and engineering on plant design is near completion. The project includes a major east-west wastewater collcction interceptor that will serve a portion of the annexed area. The project funding is in place. Other than service. provided by this interceptor, the city has no 18 information concerning the timing of proposed developments that will necessitate provision of such facilities in 2',5 years. The City thus shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. However, upon receipt of information identifying the timing of proposed developments in the annexed area that cannot be served by the east-west collection main, the City will amend its service plan to provide for wastewater treatment and collection from the planned system facilities, so as to enable delivery of services to the proposed developments in accordance existing practice. Water and wastewater mains shall be extended as development occurs within the area in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in th", area. D. Electrical Services Denton Municipal Electric is not certified by the State to provide electric utility service to the annexation area beyond Ehn Bottom Circle should a request be made by a property owner. V. OTHER SERVICES . Other services that may be provided by the City, such as municipal and general administration will be made availaple on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City,having similar characteristics of topography, land 19 use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 Y:.) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics oftopography, land ilse, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REOUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term often (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 20 ATTACHMENT 6 1 2 3 4 5 6 7 8 9 JO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseIt TM Page 5 COMMISSIONER STRA.NGE: The next item on the I Agenda are public hearings. I would remind anyone in the 2 audience who wishes to speak for or against any item that 3 is on the public hearing Agenda should have filled out a 4 yellow card which are available outside and hand those in 5 at the front. If you do not have a card filled out on any 6 particular item, you will not be allowed to speak. 7 The first item on the Agenda tonight is the 8 involuntary annexation and service plan for approximately 9 5,800 acres and because of the potentials of a personal 10 conflict of interest, I'm going to recuse myself from 11 participation in the discussions or any voting and will 12 turn it over to Vicky Holt, Vice-Chairman to handle this 13 item. 14 COMMISSIONER HOLT: we're going to hold a 15 bearing on North Denton Annexation. Consider making a 16 reconnnendation to the City Council concerning an 17 involuntary annexation and service plan for approximately 18 5,800 acres. The property to be annexed is generally 19 located at the northeast corner area of the City of 20 Denton's extraterritorial jurisdiction. 21 We will now have the first person -- oh, 22 I'm sorry. Open public hearing. Staff will make the 23 first presentation. 24 MS. VIERA; Good evening, Connnission. 25 Page 7 plant along Hartlee Field Road, which is right here. City Council have held two public hearings for this purpose. The first one was on October 4th. The second one was on October lIth and on Monday, October lOth, we had a neighborhood meeting. A revised service plan has been handed to you during the work session. The staff is available to answer any questions that you may have. COMMISSIONER HOLT: MS. Carpenter, did you want to address .- MS. CARPENTER: I just want to add one point to Ms. Viera's fine presentation and that is that the JNC partners has made no application for development to the City of Denton. There's no application for any kind of development pending. What they have done is initiated the process for a water control improvement district, so there is no development application of any kind pending. COMMISSIONER ROY; The revised service plan that was handed to us tonight, I haven't had a chance to read it. Could you sunuuarize the major changes between what was in the packet and what the revised n MS. VIERA: The revisions to the service plan relates to water -- water -- waste water services in the area. Page 8 COMMISSIONER ROY: Waste water services? MS. VIERA: Yes. COMMISSIONER HOLT: Thank you. We will now open the public hearing. I will call two names at a time. If the first person will come up, the second person will come and sit in the chair at the front, that will help us a little bit. The first person is Matt Miller. The second person is Mark Hannah. MR. MILLER: colluuissioners, I appreciate the opportunity to speak to you tonight. My name is Matt Miller. I'm with the law firm of Hughes and Luce. We represent JNC Partners, Denton, LLC. I was here to talk to the City Council last night and I will briefly reiterate what we said to them and then I will discuss some n what we perceive to be deficiencies with the service plan and leave it at that. The point that I made to the City Council last night that I want to reiterate here is the Texas Legislature intended in 1999 for annexations in this State to be orderly and predictable. They established a three-year planning requirement for annexations and under lobbying from TML, they put in some exceptions to that three-year planning requirement. The -- the exceptions to that requirement have become the rule in this State. And ahnost all cities now annex ahnost exclusively under the PLANNING AND ZONING MINUTES OCTOBER 12, 2005 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 Before you is involuntary annexation for approximately 1 5,800 acres located north of Hartlee Field Road along the 2 FM 428 and PM 2153 corridor. As a point of clarification, 3 the item under consideration tonight only relates or 4 pertains to the annexation process. The zoning component 5 of this annexation will be scheduled on a later date. And 6 a public hearing will be beld for that purpose. 7 Approximately 60 residential units, a 8 church, a convenient store, a city water treatment plant, 9 and associated infrastructure is included within the 10 annexation area. As you may have read in the newspaper, a 11 1 ,900 acre development have about proposed in the Craver 12 Ranch Development, which is located primarily on the blue 13 parcels right here. 14 The staff has been informed that 15 approximately 7,500 residential units, multiple school 16 sites, multi-fatnily and commercial units will be part of 17 that proposed development. The purpose of this annexation 18 is for a strategic planning. The annexation will allow 19 the City to not only control the land uses of this area of 20 the ETJ but also to bring into the City the existing water 21 treatment plant and an associated 54-inch water line that 22 runs along the Burger Road, jogs into 2153 and goes back 23 on 428. Also, will allow to bring the City the site where 24 the City had decided to construct waste water treatment 25 Page 5 - Page 8 CondenseIt TM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 H -1 exception that is 43.052H(1) of the Local Government 1 Code to the three year planning requirement. 2 Your annexation is an H.l annexation. And 3 when TML lobbied to have that n that exception put in, at 4 the same time the Legislature included provisions for 5 landowners to challenge such an annexation. And they did 6 that by including Subsection I of that Section which 7 allows landowners to request that the City include the 8 annexed area in the City's three-year plan prior to 9 annexation. My clients have made such a request. There 10 was a letter delivered to the City. I have copies of it 11 if you'd like. 12 When that request is denied, the landowner 13 has the right to request arbitration with the City. And I 14 believe we have good n good case precedent saying that 15 the landowner can request that arbitration. The City has 16 to fund the arbitration, and the arbitrator will 17 ultimately decide whether or not the H -1 annexation 18 constitutes an abuse of the annexation authority. And we 19 believe that it does. A lot of that is the City Council's 20 ultimate decision, but I at least wanted to make you aware 21 of the arguments we presented to them. 22 I also wanted to speak briefly tonight on 23 what we perceived to be some deficiencies with the 24 annexation plan that has been presented. The first 25 Page 10 deficiency is that the plan is going to dilute existing 1 services within the City of Denton. That violates Section 2 43.056F3 of the Texas Local Govenunent Code, which states 3 that an annexation plan cannot dilute existing city 4 services. 5 Reports that were prepared by your own 6 staff indicate that the current plan wouldn't have such a 7 diluting effect. For instance, the police department has 8 noted that the annexation would require five additional 9 police officers and five additional patrol cars as well as 10 one new Code Enforcement Officer and one new Animal 11 Control Officer to service the annexed area. 12 And the Police Department's report notes 13 that if these new officers are not put on duty, it would 14 have the effect of diluting existing City services. 15 That's a violation of the Local Government Code and we 16 believe the annexation plan should be amended to correct 17 that, 18 Also, the library estimates that an 19 additional $150,000.00 is necessary to serve the new 20 residents that will be brought in as a result of this 21 annexation. 22 The annexation plan doesn't provide for any 23 new funding for library services. Again, that's a 24 violation of the local Government Code. And finally, the 25 Page II annexation plan states that residents in the area will be required -- will be required to pay for the extension of water and waste water services to them in the annexed area. Section 43.056F2 of the Local Government Code prohibits cities from requiring people in the annexed area to pay for infrastructure that the City is going to be providing as a result of the annexation. So we would respectfully request that the annexation plan be amended to correct these and other deficiencies. I'm available to answer any questions, but I appreciate the opportunity to speak tonight. Thank you. COMMISSIONER HOLT; Mark Hannah, and then Bessie Lou Dobson. MR. HANNAH: I'm Mark Hannah. Ladies and gentlemen of the Commission and staff, I'm sure that you've heard what we've talked to as far as the Council is concerned, as far as our town meetings are concerned, as far as the objections. I'm in the property that's, I think, on your map 23 and 25 even though somebody else is shown on some of that property. I'm expressly asking you to delete that piece of property and the others. From what the City has told us as far as the annexation is concerned, the -- their proposed or their purpose is for future development Page 12 of which is what they're considering of Craver Ranch. I believe that all they'd have to do as far as annexation if they want to take in the Craver Ranch would be 1,000 foot strip up to the Craver Ranch and I don't see any necessarily to take in a lot of other proposed land that's not going to be developed. It is going to cause some problems for the -- myself and some other of the individuals that are living in that property as far as their rural-type living. I'm not sure exactly what your role is going to be overall as far as the City Council's concerned. We do have concerns .. or I have concerns as far as if this is annexed, I'm sure that I will be given agricultural as it remains now. But I believe that's already what, two, five, whatever your designation is and under those" I still believe that I've got a problem with discharging fireanns, fireworks, trash burning, limiting the number of pets and stuff that I have previously been allowed to do and see no reason that that needs to be taken away. I would respectfully request that if you're going to the City with any type of recOlmnendations that some ofthis land be taken away from the annexation and not annexed at this time. Thank you. COMMISSIONER HOLT; Thank you. Ron Carter. PLANNING AND ZONING MINUTES OCTOBER 12,2005 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 Page 9 - Page 12 CondenseIt TM Page 13 Page 15 1 MS. DOBSON: I've got to get this where I 1 So I would respectfully continue to state 2 can see it. Planning and Zoning Conunission, my name is 2 that. If that is not for some reason, I would ask that we 3 Bessie Lou Dobson. My husband, Buddy Dobson and I live at 3 do continue to be zoned in an agricultural fashion, that 4 5547 Woodland Hills Drive. We are number 16 on the 4 we could continue to enjoy our livelihood and our children 5 proposed North Denton Annexation map and we oppose this 5 could continue to shoot their firearms or fireworks and 6 annexation. 6 enjoy the property that we moved out there and built a 7 COMMISSIONER HOLT: Excuse me, Ms. Dobson, 7 home on for that purpose. Thank you. 8 could you give us your name and address, please. 8 MR. LYNCH: Good evening. My name is 9 MS. DOBSON: I just did that. 9 Merwyn Lynch. I reside at 5437 Green Valley Circle in 10 COMMISSIONER HOLT: okay. 10 Aubrey. And some of you I've seen and some of you have 11 MS. DOBSON: But it's Bessie Lou Dobson 11 heard me talk and give my position, but I just want to 12 anyway. You already knew that. Of the 22 houses on the 12 reaffirm where I stand. I'm a farmer/ranch operator and 13 north/south portion of Woodland Hills Drive, our property 13 you've got properties 36 and 37 drawn up in this. My 14 is the only one included in this annexation. We have 14 particular residence is more than 1,000 feet off of 428. 15 always been considered a part of the Woodland Hills 15 And the only thing that I could see that the City is ]6 Addition by providing a place to meet both in our home and 16 getting out of this is tax revenue. 17 barn facilities. This annexation would clearly separate 17 And Ijust wanted to state for the record 18 us from our neighborhood. 18 that I want my residence removed from this. I understand 19 Our north boundary line could be followed 19 part of the fann falls in this 1,000 feet. If that cannot 20 instead of the south line. This would not separate us 20 be removed also, at least get my residence out of it, and 21 from our neighborhood that we have been a part of since 21 I also have a neighbor just north of me that's just got a 22 1982. At a public meeting on Monday night, my husband 22 couple of acres and they're on the north side of me. 23 talked to a Councilwoman about removing our property. She 23 They're 1,000 foot out of it. I'd like to see them out of 24 suggested we contact Deborah Viera at the City Hall. 24 it, too. 25 According to Deborah, our being excluded would not hinder 25 I love what I do. I spent a lifetime Page 14 Page 16 1 the 1,000 foot rule of the annexation plan. 1 putting together what I have to do what I want to do. And 2 We bave owned our three and a half acres 2 this is what I do for a living. And my family and myself, 3 since 1968. We worked and saved to build our home in 3 we don't need any more pressures with higher tax rates. 4 1982, and continue to live here today. We are both Denton 4 We're all going to be hit with higher fuel bills. It's 5 County natives and are now retired. And I gave you a 5 already here. We're going to be hit with it this winter. 6 sheet of paper that shows our place. Thank you. 6 And I'm just -- I'm just stressed out on the taxation and 7 COMMISSIONER HOLT: Thank you. Merwyn 7 the cost of living and aliI want to do is just keep what 8 Lynch. 8 I've got in place as a whole. 9 MR. CARTER: Ladies and gentlemen of the 9 And another thing that I would like to 10 Commission, my name is Ron -- I'm sorry. 10 reconunend is later on maybe in the -- in the future, down 11 COMMISSIONER HOLT: Give us your name and 11 the road, when you go into take an annex on places, there 12 address, please. 12 are people involved that are going to be opposed to it, 13 MR. CARTER: MY name is Ron Carter. I 13 and my biggest part of it is that we've lost a lot of 14 reside at 4105 Hartlee Field Road. I am munber 8 on the 14 farms in Denton County in a period from 1997 to 2002, this 15 map, the light blue. I also -- the map is not correct. I 15 County has lost 17 working farm ranch operations with 16 purchased an additional 530 acres back in May for my 16 acreage between 260 and 499 acres. And these are ranches 17 father, Don Carter. 17 that people had to make a living on. And I'd just like to 18 None of my property is within 1,000 feet of 18 see some conservation done when we go out and do this. 19 428. I bad previously requested that the Council at the 19 Thank you for your time. 20 prior briefing exclude me from this. I would continue to 20 COMMISSIONER HOLT: Thank you. Buddy 21 request that respectfully. As has been previously said 21 Dobson does not want to speak but he is in opposition. 22 here, I'm not within 1,000 feet of 428. My property has 22 And Serena Daugherty does not want to speak 23 nothing to do with controlling the property along 428 for 23 and says the people in this area choose rea] life. There 24 the future tollway and has nothing to do with controlling 24 are family farms and lives involved here. They do not 25 the Craver Ranch. 25 need the added taxes and zoning codes for the City of PLANNING AND ZONING MINUTES OCTOBER 12,2005 Page 13 - Page 16 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 CondenseIt TM 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 ~~, 1 Does anyone else want to speak? We need to 2 fill out a card, if you will get him a card, 3 MR. DOWN: Sorry. I arrived late. My name 4 is Harry Down. I live at 9325 FM 428 and bordered by FM 5 428, Green Valley Circle and Warschun Road, I own the 6 biggest part of that triangle. I've already voiced my 7 objections to the proposed annexation at the last two 8 public hearings by the City Council regarding this matter. 9 And have also submitted these same objections in writing 10 to this Commission. I preswne you have read them, 11 hopefully. So, I will not further belabor these bones of 12 contention. 13 The City has made some vague references to 14 City services that will be provided in the future. We 15 already have these services without City taxes. In 16 addition, we have the peace and quiet of a country 17 atmosphere without the onerous regulations that will be 18 imposed upon us. 19 It appears that the City is going to 20 proceed with this annexation regardless of the objections 21 of the maj ority of the residents and landowners affected. 22 I would like to offer a suggestion for a possible solution 23 to these differences of opinion. 24 In the past, the City has offered and 25 Page 18 granted tax abatements to industries proposing to locate 1 in Denton. Perhaps a three to five year tax abatement or 2 at least some abatement until the City provides the 3 alluded services to this area. 4 The 60 or so landowners affected probably 5 do most of their shopping in Denton and contribute a lot 6 of money to the economy in the form of goods and services 7 and sales taxes. We're entitled to some consideration 8 other than what's being offered. Thank you. 9 COMMIssroNER HOLT: Thank you. Okay. We 10 have received these cards and they do not want to speak. II Carolyn Vaughn, in opposition. Sharon Riddle in 12 opposition. Walter Ray in opposition. Jane Ray in 13 opposition. Robert Jenkins in opposition. And Lisa 14 Jenkins in opposition. And here's one more to speak, Wady 15 Hilton. 16 MR. HILTON: I'm Wady Hilton. I live at 17 5575 Green Valley Circle. I'm the"- one of the neighbors 18 next to Merwyn. We've lived there -- I've lived there 19 ever since I was 16 years old. And I am opposed to this 20 annexation. I think it could be handled -- there's more 21 than one way. Like one of the people was talking about a 22 couple of meetings ago, but the City Council seems to 23 annex everybody through there, the 1,000 feet and so on. 24 They can go back up the greenbelt like they 25 Page 19 originally opposed -- suggested and then go over to Craver Ranch and that was a more sensible solution. There is another opportunity. You can give the cOITununity a 20-year tax break, annex these developments and tax them as they come in. But I do want to be taken off of that list and I want my mother Emma Bingham taken off that list. Thank you. COMMISSIONER HOLT: Thank you. Any more cards? Anyone else wish to speak? We'll close the public hearing. Commissioners, is there any discussion? COMMIssroNER ROY: I'd like to ask a couple of questions of staff or legal. Number one, my first question is to legal. There was a suggestion that there's some issue with regard to the legality of what we're doing. I assume that this Commission is to not concern ourselves with that, that that is being, tl18t the City directs us not to consider that issue; is that correct? LEGAL: We have reviewed those legal issues very specifically. And, in fact, we disagree Witll them. In fact, the State law specifically allows for annexation of sparsely populated areas without the necessity of placing the properties into a t1rree-year annexation plan. So insofar as the COlllments were made that the City is somehow evading the law or the intent of tile Legislature in doing so it is our opinion that not only do we disagree Page 20 with it, but it's just flat false that the Legislature has specifically spoken to that and is very clearly stated in the Texas Local Government Code. COMM[SSIONERROY: okay. My next question, perbaps, is directed to staff. There was some discussion about 1,000 foot line or area. Could you explain that? What does that mean? MS. CARPENTER: I'll be happy to, Mr. Chairman. The statute that -- on annexation requires that the point -- that the annexation area be at least 1,000 feet wide. And in looking at that, coming up tile 428 Corridor, for example, that would sever slices off of the parcels that are shown on this map. And the Council's direction to the staff was to take -. to recommend the whole parcel be annexed rather than n than taking slices off to make the 1,000 feet. COMMISSIONER ROY: ['11 continue with my questions. There was an idea suggested about tax relief or a tax abatement. Is there any legal precedent or any practical precedent that we bave seen that type of action taken? LEGAL: There's no statutory authorization to allow for a tax abatement for newly annexed areas. And in fact, there would be a Constitutional problem with unequal taxation. PLANNING AND ZONING MINUTES OCTOBER 12,2005 Page 17 - Page 20 Page 21 Page 23 1 COMMISSIONER HOLT: I have a question for I So the default zoning on this property would be RD-5, 2 legal. What are the criteria that we should be using 2 which is the City's cities lowest zoning, its least dense 3 tonigbt to make our decision? 3 and its more rural category. 4 LEGAL: okay. The reason why this n this 4 At some point after the annexation is 5 issue is before the Planning and Zoning Commission, let me 5 approved by the Council then there would be a zoning case 6 back up just a little bit. The requirements that relate 6 that would come forward and it mayor may not be 7 to annexation are set forth generally in Chapter 43 of the 7 accompanied by a Comprehensive Plan Amendment as well. 8 Texas Local Government Code. There are a number of 8 COMMISSIONER GUZMAN-RAMON; okay. Thank 9 different provisions in there. 9 you. 10 The annexation that is germane to this 10 COMMISSIONER HOLT: IS there more II particular annexation case are contained in Section C-l of 11 discussion? 12 the Texas Local Government Code and in that section there 12 MS. CARPENTER: I'm watching her board if 13 are procedural requirements to be carried forth including 13 you want to do it that way. 14 a requirement of at least two public hearings. Denton's 14 COMMISSIONER HOLT: well, is there a 15 procedures are set by its own Charter to exceed those 15 motion? Mr. Roy. 16 statutory requirements such that tbe Charter requires that 16 COMMISSIONER ROY; Tbe answer we received 17 the Planning and Zoning Commission consider and have a 17 from legal about the criteria was -- well, there must be 18 public hearing on an annexation proposal and issue a 18 some advice that we -- somebody can give us on this and we 19 recommendation to the City Council. Again, this is in 19 can see either health, safety and welfare or it is the 20 excess of the statutory requirements that are provided by 20 greater good. There's got to be some guidance that 21 State law. 21 somebody can give this Commission. This is -- this is a 22 Now, just sort of in tenus of general 22 very difficult case. 23 principles, the authority of a home rural city to conduct 23 COMMISSIONER HOLT: MS. Carpenter. 24 the annexation is likewise provided in Chapter 43 at 24 MS. CARPENTER: Ms. Chainnan. 25 43.021 that a home rural city may make the following 25 COMMISSIONER ROY: SO I would appreciate Page 22 Page 24 1 actions according to the rules as may be provided by the 1 some help from our professional staff here. 2 Charter of the municipality and not inconsistent with 2 MS. CARPENTER: I'm going to share with you 3 procedural rules prescribed by this Chapter to fix the 3 some information that was shared at the neighborhood 4 boundaries of the municipality, to extend the boundaries 4 meeting that was held on Monday. This is our third 5 of the municipality and to annex area adjacent to the 5 meeting on this this week, isn't it everybody; so we've 6 municipality and to exchange area with other 6 been together a long time, haven't we, this week? There 7 municipalities . 7 are good regional planning issues to be used as reasons 8 So really, the authority to annex in this 8 for considering this annexation. The first one and maybe 9 area as far as the City's authority to annex is set forth, 9 Deborah, you can use the curser and show things on the map 10 there's really no specific criteria for the Planning and 10 for me. 11 Zoning Commission to consider in making its recommendation 11 The Craver Ranch people, the JNe Partners ]2 to the City Council tonight. 12 did approach the City with a request to fonn a water 13 COMMISSIONER GUZMAN-RAMON: Madam 13 control and improvement district which is a financing 14 ChaiIwoman, 1 do have a question, I think, for staff. Can 14 mechanism for them to pay for their infrastructure 15 you explain to us again, exactly how the zoning will stay, 15 improvements. The Council has in the past taken a pretty 16 and the zoning those people will be in if we choose to go 16 finn stand about not having those kinds of taxing 17 forward with the annexation? 17 jurisdictions in their ETJ or eventually in the City of 18 MS. CARPENTER: Yes, ma'am. You'll 18 Denton. And there's a number of reasons for that. 19 remember that about a month ago, you recommended to the 19 Secondly, the region including Collin 20 Council and then the Council adopted amendments to Chapter 20 County, Denton County, the North Texas Tollway Authority, 21 16, subchapter 16 of the Development Code. And one of 21 the City of Denton and the COG are looking at an alignment 22 those amendments was that upon annexation, the default 22 that would join the north -- the North Dallas Tollway at 23 zonin of RD-; remains in place until a Comprehensive Plan 23 its current proposed terminus at the Collin County line at 24 Amendment if needed and zoning is considered by the 24 428 and run all the way west to an intersection with 1-35. 25 Planning Commission and then acted upon by the Council. 25 That potential corridor runs through the center of this CondenseIt 1M PLANNING AND ZONING MINUTES OCTOBER 12,2005 Page 21 - Page 24 Page 25 Page 27 1 annexation and variations on that corridor could run as 1 apologize to Commissioner Roy. I took this the short, 2 far north as Lake Ray Roberts and as far south as Hardee 2 quick legal answer to your question here. But I think 3 Field Road. 3 that probably the broader question is what justifications 4 The City feels that from a regional 4 are there for the annexations. What are we seeking to do 5 planning point of view, it is our duty and our 5 and in dealing with staff and with the Council on this 6 responsibility to plan for the future of n in our ETJ, 6 annexation, the overwhehning theme that comes across with 7 and that having these lands in the City gives us 7 respect to this annexation is that all of these 8 additional authority and credibility in addressing that 8 properties, whether they're on the south side, the north 9 alignment. 9 side, whether they're inside the Craver Ranch, outside the 10 Further, in the northeast portion of the 10 Craver Ranch, whether they're owned by farmers, whether 11 annexation area, there are several parcels on which the 11 they're owned by homeowners, whether they're within 1,000 12 City's water treatment plant sits. It's currently outside 12 feet of the road, whether they're outside 1,000 feet of 13 the City limits. The City has a 54-inch water line that 13 the road, the one thing that all of them have in common is 14 comes out of that plant and runs down 2153 and down 14 that they are all sparsely populated tracts of land. 15 Sherman. The City would prefer to have that alignment in 15 They're largely undeveloped. 16 the City. 16 And the whole purpose of this annexation is 17 Another regional planning issue is that in 17 to control future development. We know for a fact that 18 the southeast portion of the area, the City has planned a 18 development is contemplated in the Craver Ranch. This 19 regional water treatment plant to serve this north portion 19 isn't about Craver Ranch though. It's simply the catalyst 20 of the City's En That water treatment plant is 90 20 that creates the urgency for the action. We know the 21 percent designed. The preliminary permit is in hand. And 21 development is coming. 22 the land is owned. The City is prepared to commence 22 The question is for the City, for the 23 construction of sewer lines further to the west that will 23 people in the audience, for all of us, what are we going 24 be served by an interim lift station that will eventually 24 to do about it? Are we going to stand by passively and 25 be served by this plant. 25 let developers dictate the terms of the development or are Page 26 Page 28 1 The residents .. the rate payers in Denton 1 we going to take a proactive role in the !eons of the 2 have spent upwards of 150 million dollars after the 2 Development? And I think that what I have heard from the 3 decision in 1969 to construct Lake Ray Roberts to put in 3 staff and from the Council is a desire to take proactive 4 the water treatment plant, to put in the 54-inch line. 4 mCllSures to control development, to help ensure that 5 All planning leading toward responsible service to the 5 quality construction goes in, to help ensure that -- that 6 northeast part of the City's extraterritorial area. 6 and neighborhoods that develop that basic controls for 7 Finally, the other planning reason is that 7 health and sanitation are followed to ensure that 8 in Counties in Texas, there's no land use authority and no 8 appropriate controls to protect the hClllth, safety and 9 wning authority. And wben a proposal surfaces for an 9 welfare of the residents are in place. 10 alternative financing mechanism such as a water control 10 A lot of what I'm hearing from the 11 improvement district tied to a development proposal is set 11 residences that, you know, we don't like the issue of the 12 forth in a County, cities and adjacent neighbors often 12 taxation. We don't think that we're going to get the 13 have very great concerns about what land uses would go in 13 services. And so it's defini!ely -- you know, I don't 14 there because there are no zoning controls, no land use 14 mean to in any way minimize the very legitimate concerns 15 controls and no building permits are required in the 15 of the residents for their future well-being. 16 County. 16 But we do have a service plan in place that 17 The only authority that the City could 17 -- that does comply with the legal standards. It does 18 extend should it remain in the County is over subdivision. 18 provide for the future needs of the community. And as I 19 So the issues of .. the regional issues of, you know, 19 said, it's simply an issue that the City of Denton is not 20 improvements to 428, what happens to 2153, the -- the 20 bringing fOlWard the development of this area. We're not 21 outer loop across the middle of the area, all of those 21 trying to push the development of this area. We're not 22 kinds of questions are much harder to deal with when a 22 trying to create the development of this area. It's here. 23 proposal like this remains in unincorporated -- in the 23 And it's simply an issue of what to do about it. And the 24 unincorporated area. 24 most effective way to deal with it, to plan for it, to 25 LEGAL: If I may add briefly to that. I 25 manage the development in a way that benefits everyone is CondenseIt 1M PLANNING AND ZONING MINUTES OCTOBER 12,2005 Page 25 - Page 28 CondenseIt 1M Page 29 Page 31 1 to go forward with the annexation. I I may. If we approve it, it's clear what happens next. 2 COMMISSIONER HOLT: Are there other 2 If we vote against this could you state publicly what 3 comments? Do I have a motion? 3 happens next? 4 COMMISSIONER ROY, well, I'm struggling on 4 LEGAL: Quite frankly, your recOImnendation 5 this one. You know, I put myself in the place of the 5 will be considered by the City Council, but in terms of 6 people who are here tonight, and I find it very difficult 6 the legal ramifications, there are none. 7 to -- to explain to them why this needs to be in the City 7 COMMISSIONER ROY: Doesn't it trigger a 8 of Denton. And then we try to decide, you know, is this 8 certain vote requirement? 9 community of people separate? Should we look at them in a 9 LEGAL: No. 10 separate sense as our own community and not in any way 10 COMMISSIONER ROY: Thank you. II interfere with their way of life, specifically their tax 11 LEGAL: It'S simply a requirement of 12 rates and stuff like that? And I just don't know that 12 Charter. 13 we're not really all tied together, I mean, based on, you 13 COMMISSIONER HOLT: Mr. Watkins. 14 know, this n the development that's taking place. 14 COMMISSIONER WATKINS: MY turn? I've only 15 I heard comments that we would not be doing 15 been on the Commission for three years, and this is the 16 this if it weren't for that development n I mean, the 16 most difficult thing that I've had to wrestle with. I was 17 development is not the reason why we're doing this, but I 17 fortunate enough to have a private tour of this whole area 18 personally don't believe that we would have it on the 18 by hopefully a friend. It's beautiful country. I used to 19 table if it weren't for that development. And I can 19 swim on Clear Creek. I used to fish with my grandfather 20 understand the concerns that the City would have if we 20 on Clear Creek down hy Hartke Field Road. 21 allow some development, huge development like this in our 21 I guess it would be a whole lot easier -- I 22 ETJ, built in whatever standards they want to build, and 22 know it would be a whole lot easier if we didn't care. 23 whatever water system and sewer system they want to build, 23 But that's the difference. These are our neighbors, I 24 because eventually, we are going to grow. I mean, we're 24 lost a little sleep over it. The wife and I go each year 25 not going to grow to the south. The City of Denton is 25 to declaration day at Belew Cemetery, Little Elm and Oak Page 30 Page 32 I going to grow to the north and east and west and that's I Grove and if you haven't been to Little Elm or Frisco 2 one of the strengths of this City is that we're one of the 2 lately I suppose this is what we anticipate happening 3 few cities in this whole area, Lewisville can't, Flower 3 here. 4 Mound can't, Carrollton can't, but we can, Denton can 4 From one declaration day to the next, it's 5 grow because there is this space. 5 amazing the two.story houses that pop up and the roofs 6 But I'm finding it very, very difficult to 6 over the horizons. As I say, this has been the most 7 explain to, you know, the citizens why they need to be 7 difficult thing that I've wrestled with and I don't know 8 annexed other than the fact that we need to get control of 8 that there is a good answer. I do know that we didn't 9 that ranch, that development. 9 bring it forward. But we're stuck with it. And I'm sure 10 So I'm conflicted and I'm not sure what to 10 these people are tired of looking at us and need us to do 11 do just yet. 11 something, Madam Chainnan. Thank you. 12 COMMISSIONER HOLT: Thank you, Mr. Roy. I 12 COMMISSIONER HOLT: Thank you. Dr. 13 just had one thing to say about this annexation. One 13 Thibodeaux. 14 thing that troubles me deeply about it is that we have all 14 COMMISSIONER THIBODEAUX: I, too, am tom 15 read in the papers recently how we have had layoffs in the 15 with this decision. I've really heard compelling 16 City and we are struggling and we are in a holding mode. 16 arguments from both sides, but probably not convincing 17 Well, this is going to push us -- this is 17 arguments from either side. The open space and the 18 going to push us a lot. And I agree with everything Mr. 18 ability to consider a lifestyle and to have worked for 19 Roy said about Denton growing and we want to be able to 19 that lifestyle. But I don't -- I'm not hearing enough to 20 manage that growth. But I just don't know if this is 20 n the point being the directions of seeing all of the 21 exactly the time to do it. It seems like all of our 21 benefits that will come to the City, though I recogniz.e 22 services are strained at this time. And I just don't know 22 that there's a need to control the growth and to -- that 23 that this is the time to do that. Other comments? Oh, 23 controlling the growth makes it better for all citizens, 24 I'm sorry. 24 not just the ones that would be involved in the 25 COMMISSIONER ROY: A question for legal if 25 development, but for the existing citizens as well. PLANNING AND ZONING MINUTES OCTOBER 12,2005 Page 29 - Page 32 CondenseIt 1M Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So I think we're all in the position of seeing both of those arguments. And.. but it does not n if I can -" with that statement, make sure I'm clear on what happens at Council, it doesn't n it doesn't require a super majority or anything to get -- okay. Thank you. COMMISSIONER HOLT: Mr. Roy. COMMISSIONER ROY: The last annexation case we had and it was just a few weeks ago, I believe, I made the motion to proceed with the annexation or to recommend to Council to proceed with the annexation. And I did so because there were people in the audience who objected, of course, but staff had made a compelling argument about what I will call the "greater good" for that case. And I know we on the Council did not -- excuse me, we on the Commission did not all see eye to eye on that case, but it did pass us. I certainly see, you know, the position of staff and why they're reconunending to proceed with this. But I don't see the same greater good test that I saw on the previous annexation case, so I'm going to make a motion that we do not proceed with the involuntary annexation. COMMISSIONER HOLT: IS there a second? COMMISSIONER THIBODEAUX: second. COMMISSIONER HOLT: Dr. Thibodeaux. Please Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 PLANNING AND ZONING MINUTES OCTOBER 12,2005 Page 33 - Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 vote. The vote is yes to deny annexation. Thank you. 1 Now, if our chainnan will come back. 2 MS. CARPENTER: I don't know that they 3 understand. 4 COMMISSIONER HOLT: okay. I'll tell you 5 again, the Commission is recommending against annexation. 6 (VOTE PASSED UNANIMOUSLY 5-0 TO DENY 7 ANNEXATION.) 8 (COMMISSIONER NOBLE NOT BEING IN ATTENDANCE 9 AND COMMISSIONER STRANGE BEING RECUSED PROM 10 THIS ITEM.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 HANDOUT TO COUNCIL /2113/o!T DRAFT AGENDA PUBLIC UTILITIES BOARD December 12, 2005 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, December 12, 2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Howard Martin Chair, Charldean Newell, called the meeting to order at 9:12 a.m. to consider the following items under the Consent Agenda. CONSENT AGENDA: The Public Utilities Board has received background information, staffs recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item Council Item #3D I) Consider recommending adoption of 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 3432-Electrical Energy Transmission Fees- Lower Colorado River Authority in the total amount of $134,420). 2) Consider recommending approval of the unit prices in Bid #3412 and awarding a two-year contract for unit pricing of electric distribution conductors to Techline, Inc., 5401 Martin Street, Fort Worth, Texas, in the annual estimated expenditure amount of$135,950. Council Item #3F 3) Consider recommending approval of the purchase of a Closed Circuit TV Camera System mounted on a trailer from Green Equipment Co., through the Houston-Galveston Area Council of Governments (H-GAC) by way of an Interlocal Agreement with the City of Denton, for the amount of $95,597. 4) Consider recommending approval of a Professional Services Agreement for Architect or Engineer between the City of Denton and Birkhoff, Hendricks & Conway, L.L.P. (BHC) in the amount of $99,610.00 for Engineering Services associated with the repainting and rehabilitation of the High School Elevated Storage Tank. Public Utilities Board October 24, 2005 Page 2 I 5) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City 2 Manager or his designee to execute a purchase order with the Houston-Galveston Area 3 Council of Governments (H-GAC) for refuse cart assembly for the Solid Waste Division by 4 way 0 fan Interlocal Agreement with the City 0 fDenton; and providing an effective date 5 (File 3439-Interlocal Agreement for Refuse Cart Assembly with H-GAC awarded to Rehrig 6 Pacific Company in the amount of $2.79 per container, not to exceed $37,428, including the 7 H-GAC administrative fee). 8 9 Consent Agenda Items Numbers 2, 4 and 5 were pulled from the Consent Agenda. Board 10 Member Dick Smith moved to approve Consent Agenda Items #1 and #3 with a second II from Board Member John Baines. The motion was approved by a vote of 7-0. 12 13 ITEMS FOR INDIVIDUAL CONSIDERATION 14 15 Council Item #3B 16 2) Consider recommending approval of the unit prices in Bid #3412 and awarding a two-year 17 contract for unit pricing of electric distribution conductors to Techline, Inc., 5401 Martin 18 Street, Fort Worth, Texas, in the annual estimated expenditure amount of$135,950. 19 20 Chuck Sears, Engineering Administrator, presented this item. 21 22 Board Member Gallivan asked about the one-year renewal option in the contract. 23 24 Sears stated that the option for one-year renewals is dependent upon what the market bears. 25 Typically its about three years. Those markets are now going up but if they go down, we will 26 have the option to renegotiate the purchasing agreement. 27 28 Baines stated he was surprised in the wide range in bid prices with four at $200,000 and 29 above and asked if there was nothing suspect about quality of service. 30 31 Sears stated no. 32 33 Gallivan moved to approve Item #2 with a second from Board Member Cheek. The motion 34 was approved by a vote of 7-0. 35 36 Council Item #3G 37 5) Consider recommending adoption of an Ordinance ofthe City of Denton authorizing the City 38 Manager or his designee to execute a purchase order with the Houston-Galveston Area 39 Council of Governments (H-GAC) for refuse cart assembly for the Solid Waste Division by 40 way 0 fan Inter10cal Agreement with the City 0 fDenton; and providing an effective date 41 (File 3439-Inter10cal Agreement for Refuse Cart Assembly with H-GAC awarded to Rehrig 42 Pacific Company in the amount of $2.79 per container, not to exceed $37,428, including the 43 H-GAC administrative fee). 44 45 Board Member Hopkins expressed a concern about the number of 95-gallon refuse 46 containers. He did not know the total number of containers, but his experience was the Public Utilities Board October 24, 2005 Page 3 I people did not want 95-gallon containers. They want 48-gallon or smaller. His concern was 2 that we are over buying large containers. 3 4 Newell stated she had heard similar comments. 5 6 Hopkins stated that one of his neighbors called for a small container and a 48-gallon was 7 delivered. The neighbors wanted the smaller one. He is concerned that the whole system 8 does not appear to be very responsive. 9 10 Vancer Kemler, Director of Solid Waste, responded to Hopkins concerns stating that the 11 percentages of distribution during our voluntary drive were based on other cities distribution 12 of large, medium and small containers. To date, we have just over 50% of the entire city 13 voluntarily getting carts. 14 15 Hopkins asked for distribution percentages. 16 17 Kemler stated that the large carts are being distributed at a rate about 70% to 75%. Small 18 carts were estimated at about 5% and they are not at 2%. The demand for larger carts is 19 actually greater than 70%. 20 21 Newell asked if people were clear that they had an option. She asked because she's had 22 people say that they have difficulty managing the larger carts. 23 24 Kemler stated that multiple venues were used to get that information out. Requests to change 25 cart sizes can be made through an established web site or by calling customer service. Prior 26 to January 19th, a contractor will be provided addresses of customer who are still on bag 27 service. The contractor will have routing sheets and will distribute only large containers at 28 that time. Customer will have information packets letting them know that if they would like 29 to downsize, to call customer service or go on line to the web site where we will provide 30 them the difference in cost. 31 32 Hopkins, but you are going to deliver large containers? 33 34 Kemler stated that we will accept calls for different size of container up until the first of the 35 year and we will distribute those through the first week in January. To distribute carts in a 36 relatively short period of time when we don't even know what those households want is 37 somewhat of a logistical nightmare. 38 39 Newell stated that the greatest resistance is the people who are going to want smaller carts. 40 Older people and people with infirmities are going to want smaller carts. They are not the 41 ones who volunteered because they don't want carts at all. 42 43 Hopkins expressed a concern that there are going to be 3,000 to 4,000 95-gallon carts not in 44 use. 45 46 Board Member Bland asked ifthere was a way for a household to pre-select a cart size. 47 Public Utilities Board October 24, 2005 Page 4 1 Kemler stated that households that have not responded to a direct mailer sent out during the 2 summer months will receive a large cart. 3 4 Newell asked ifit would be to late for them to ask after January. 5 6 Kemler stated we have some inventory available. 7 8 Smith asked how many do we expect to deliver on January 19th? 9 10 Kemler stated that from January 19 through February 4, less than 12,000. 11 12 Cheek asked if we felt that we have done a good job in educating the customer. 13 14 Kemler stated there has been a large response with post cards being returned and that we are 15 still getting them. 16 17 Board Member Bob Bland to approve Item #5 with a second from Cheek. The motion was 18 approved by a vote of 7-0. :r= f 0111 6f\ C:IDOCUME-I VERICHARlLOCALS-l ITemp1A05-0002 (Altemate).DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING AN APPROXIMATE 3,392 ACRE PORTION OF APPROXIMATELY 5,800 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHEASTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION; GENERALL Y LOCATED BETWEEN THE CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAlLER SURVEY, ABSTRACT NUMBER 452, J. CLARK SURVEY, ABSTRACT NUMBER 247, J. CHEEK SURVEY, ABSTRACT NUMBER 227, H. WILLIAMS SURVEY, ABSTRACT NUMBER 1417, J. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S. MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY, ABSTRACT NUMBER 489, J. PETTY SURVEY, ABSTRACT NUMBER 1027, P. O'LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT NUMBER 761, 1. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT NUMBER 933, DENTON COUNTY TEXAS; THE COMPLETION OF THE ANNEXATION EXCLUDES THAT PORTION OF THE APPROXIMATE 5800 ACRES LYING NORTH OF SHEPARD ROAD, DUE TO A COURT INJUNCTION ENJOINING THE ANNEXATION OF SUCH PROPERTY; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A05-0002) WHEREAS, the City Council finds that the property being originally proposed for annexation as particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Original Annexation Area") contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is involuntary and is being made under Subchapter C-l of Chapter 43 of the Texas Local Government Code; and WHEREAS, the Original Annexation Area IS located within the extraterritorial jurisdiction of the City of Denton; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on October 4,2005, and October 11,2005, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, on or about October 12, 2005, the Planning and Zoning Commission recommended disapproval of the annexation; and WHEREAS, annexation proceedings were instituted for the Original Annexation Area by the introduction and passage on first reading of an ordinance at a meeting of the City Council on November 8, 2005; and WHEREAS, an ordinance proposing the annexation of the Original Annexation Area was published in full one time in the official newspaper ofthe City of Denton on November II, 2005, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, on or about December 13, 2005, a Texas court of competent jurisdiction temporarily enjoined the City from annexing a portion of the Original Annexation Area, being approximately 1900 acres of land owned by JNC Partners Denton, LLC, particularly described in that certain deed recorded under Instrument Number 2004-51648 of the Denton County Real Property Records (the "JNC Property"), which JNC Property is located adjacent to and north of Shepard Road; and WHEREAS, due to the injunction, the City Council finds that it is in the public interest to complete the annexation at this time only as to the Original Annexation Area, SAVE and EXCEPT the JNC Property and property located north of Shepard Road, which area is more particularly described in Exhibit A-I, attached hereto and made a part hereof by reference, and as depicted on Exhibit A-3, attached hereto and made a part hereof by reference (the "Southern Annexation Area"); and WHEREAS, the City Council finds that the annexation is in the public interest and will allow the city to ensure development consistent with the Denton Comprehensive Plan; and WHEREAS, Tex. Loc. Gov't Code sec. 43.064 expressly provides that any period of time during which a proposed annexation is enjoined shall not be included in the time period for completing the annexation; and WHEREAS, if and when the injunction is lifted by a court of competent jurisdiction, the City Council intends to complete the annexation of the remaining portion of the Original Annexation Area north of Shepard Road, which area is more particularly described in Exhibit A- 2, attached hereto and made a part hereof by reference, and depicted on Exhibit A-3, attached hereto and made a part hereof by reference (the "Northern Area"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Southern Annexation Area is hereby annexed into the City of Denton, Texas. The City Council will consider the completion of the annexation of the Northern Area, if and when the injunction is lifted by a court of competent jurisdiction. 2 SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of municipal services to the area being annexed, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. The Service Plan is found to be adequate to support the annexation of the Southern Annexation Area. SECTION 4. Should any part of this ordinance be held illegal, unenforceable for any reason, or should the City be enjoined from annexation of a portion of the property being annexed herein, the holding or enjoining, shall not affect the remaining portion of this ordinance and the property being annexed, and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Southem Annexation Area lawfully annexed regardless of whether any other part of the Southern Annexation Area is declared not to be lawfully annexed or enjoined from being annexed into the City. If any part of the Southern Annexation Area is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. The boundaries and legal description of the Southern Annexation Area as described in Exhibit A-I and depicted on Exhibit A-3 form a closure. A mistake in the legal description does not affect the validity of the annexation of the Southern Annexation Area. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN SNYDER, CITY ATTORNEY BY: 3 EXHIBIT" A" All that certain lot, tract or parcel ofland lying and being situated in the County of Denton, State of Texas, and being all or part of the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. 0' Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933 and being more particularly described as follows: BEGINNING at the Northwest corner of the existing Denton city limits established by Ordinance 74-36, Tract IV, and being on the south line of the J. Cheek Survey, Abstract Number 227 and the north line of the H. Williams Survey, Abstract Number 1417 said point being 584.85 feet West of the centerline of Farm to Market Road 428; Thence South 31 degrees 15 minutes 00 seconds West, a distance of 2,907 feet to a point for a corner on the south line of a called 283.734 acre tract described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas, said point also being 500 feet west of and perpendicular to the centerline of Farm to Market Road 428; Thence North 86 degrees 38 minutes 20 seconds West, along the south line of said 283.734 acre tract a distance of2,691.39 feet to a point for a corner and also being the southwest corner of said 283.734 acre tract; Thence North 03 degrees 59 minutes 06 seconds East, along a west line of said 283.734 acre tract a distance of 1,311.90 feet to a point for a corner; Thence South 87 degrees II minutes 32 seconds East, along a north line of said 283.734 acre tract a distance of 112.95 feet to a point for a corner; Thence North 03 degrees 54 minutes 43 seconds East, along a west line of said 283.734 acre tract a distance of 2,243 .16 feet to a point for a corner and also being the northwest corner of said 283.734 acre tract; Thence South 88 degrees 35 minutes 40 seconds East, along a north line of said 283.734 acre tract a distance of2,577.35 feet to a point for a corner on the west line of a called 92.701 acre tract described in the deed to Jeffrey W. and Jeanie T. Noe from Denis E. and Catherine A Ferrari, being recorded in Volume 2879, Page 544, Real Property Records, Denton County, Texas; Thence North 02 degrees 57 minutes 25 seconds East, along the west line of said 92.70 I acre tract a distance of 2,054.35 feet to a point for a corner on the south line of a called 292.369 acre 4 tract as described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas; Thence with the south line of said 292.369 acre tract and within the meanders of Clear Creek the following eleven bearings and distances: North 77 degrees 49 minutes 17 seconds West, a distance of268.87 feet; North 63 degrees 35 minutes 15 seconds West, a distance of 449.29 feet; North 31 degrees 52 minutes 40 seconds West, a distance of 416.78 feet; North 72 degrees 20 minutes 46 seconds West, a distance of383.69 feet; North 69 degrees 37 minutes 45 seconds West, a distance of232.89 feet; North 23 degrees 58 minutes 38 seconds West, a distance of746.25 feet; North 60 degrees 31 minutes 44 seconds West, a distance of 224.19 feet; North 87 degrees 02 minutes 31 seconds West, a distance of 156.60 feet; North 32 degrees 56 minutes 10 seconds West, a distance of 127.09 feet; North 43 degrees 45 minutes 57 seconds West, a distance of 169.89 feet; North 02 degrees 10 minutes 13 seconds East, a distance of 169.59 feet; Thence South 87 degrees 36 minutes 57 seconds East, along a north line of said 292.369 acre tract a distance of 1,179.97 feet to a point for a comer; Thence South 86 degrees 54 minutes 46 seconds East, along a north line of said 292.369 acre tract a distance of 663.58 feet to a point for a comer; Thence South 88 degrees 16 minutes 20 seconds East, along a north line of said 292.369 acre tract a distance of 658.14 feet to a point for a comer; Thence North 06 degrees 36 minutes 34 seconds East, along a west line of said 292.369 acre tract a distance of 297.78 feet to a point for a comer; Thence North 29 degrees 15 minutes 38 seconds East, a distance of 52.46 feet to a point for a comer on the north line of said 292.369 acre tract; Thence South 86 degrees 08 minutes 32 seconds East, along the northern most line of said 292.369 acre tract a distance of 808.30 feet to a point for a comer; Thence South 86 degrees 13 minutes 20 seconds East, along the northern most line of said 292.369 acre tract a distance of 1,143.06 feet to a point for a comer on the west line of a called 132.18 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence East, along a north line of said 132.18 acre tract a distance of 858.33 feet to a point for a comer; 5 Thence East, across said 132.18 acre tract a distance of 1,261.12 feet to a point for a comer on the west line of a called 118.13 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence North, along the west line of said 118.13 acre tract and the east line of said 132.18 acre tract a distance of 2,346 feet to a point for a comer on the south line of a called 40.000 acre tract as described in the deed to Jim Bingham from Cates Bingham, Otha H. Bingham, Minnie E. Skiles, Mae Maddox, Cora B. Kilborn and Edna B. Belew, being recorded in Volume 863, Page 602, Deed Records, Denton County, Texas; Thence East, across said 40.000 acre tract and passing at 1,493 the east line of said 40.000 acre tract and continuing same course a total a distance of 1,895 feet to a point for a comer on the west line of Green Valley Circle; Thence North 09 degrees West, along the west line of Green Valley Circle a distance of281 feet to a point for a comer on the west line of said Green Valley Circle; Thence East, across Green Valley Circle a distance of 48 feet to a point for a comer on the west line of a called 6.53 acre tract as described in the deed to Devron Jeffers from Marjorie Jan Miller and Doris Joan Miller Seale, being recorded under County Clerk's File Number 00- ROOI8777, Real Property Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line ofWarschun Road a distance of 418.72 feet to a point for a comer being the southeast comer of said 6.53 acre tract; Thence East, along the north line ofWarschun Road a distance of 558 feet to a point for a comer and being on the east line of a called 3.157 acre tract as described in the deed to Larry D. and Patricia J. Hopper from Walter Glen and Glenda Lou Keen, being recorded under County Clerk's File Number 97-R0042996, Real Property Records, Denton County, Texas; Thence North 03 degrees 17 minutes 00 seconds East, along the east line of said 3.157 acre tract a distance of883 feet to a point for a comer and being the northeast comer of said 3.157 acre tract and also being the northwest comer of a called 2.048 acre tract as described as Tract Two in the deed to James Whitlock from Marjorie Pitner, being recorded in Volume 830, Page 645, Deed Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of said 2.048 acre tract a distance of 96.58 feet passing the northeast comer of said 2.048 acre tract and being the northwest comer of a called 4.00 acre tract as described as Tract Three in said James Whitlock deed, a distance of 189.68 feet passing the northeast comer of said 4.00 acre tract and continuing same course a total distance of 860 feet to a point for a comer on east line of a tract of land conveyed to James Whitlock and wife Fren Whitlock, being recorded in Volume 1467, Page 903, Deed Records, Denton County, Texas, and said point being on the west line ofa called 18.721 acre tract as described in the deed to Julia Fern Nicodemus from the Estate of Winnie Fern Sauls, 6 being recorded under County Clerk's File Number 2002-R0136989, Real Property Records, Denton County, Texas; Thence North 04 degrees 17 minutes 10 seconds East, along the west line of said 18.721 acre tract and passing at a distance of 171 feet the northwest comer of said 18.721 acre tract and also being the southwest corner of a called 41.087 acre tract as described in the deed to Lawrence E. Nicodemus, II and Julie F. Nicodemus, and Raymond Gene Shaw, Sr. and Betty Shaw from Raymond Gene Shaw, Jr., being recorded by County Clerks File number 2003-ROI13243, Real Property Records, Denton County, Texas and continuing same course and along the west line of said 41.087 acre tract a total of 1,356.69 feet to a point for a corner and being the northwest corner of said 41.087 acre tract; Thence South 86 degrees 16 minutes 41 seconds East, along the north line of said 41.087 acre tract a distance of 873 feet to a point for a corner and being a southwest corner of a called 20.00 acre tract as described in the deed to Gary Lynn and Kerry Sure Lewis from Charles A. and Joy Wood Betzel, being recorded under County Clerk's File Number 93-R0076013, Real Property Records, Denton County, Texas; Thence North 01 degrees 58 minutes 09 seconds East, a distance of347.05 feet to a point for a corner and being the northwest corner of said 20.00 acre tract and also being a southwest corner of a called 75.985 acre tract as described in the deed to Lee M. and Beverly Janzen from Tom McCutcheon, being recorded under County Clerk's File Number 2004-111489, Real Property Records, Denton County, Texas; Thence North 01 degrees 57 minutes 22 seconds East, along the west line of said 75.985 acre tract a distance of 1,687.44 feet to a point for a corner being the northwest corner of said 75.985 acre tract; Thence South 87 degrees 59 minutes 05 seconds East, along the north line of said 75.985 acre tract a distance of 1,531.36 feet to a point for a corner on the west line of a called 170.204 acre tract as described in the deed to Edwin G. and Nancy J. Pickett from Patsy L. Hutton and John H. Driver, being recorded by County Clerks File number 97-R0041237, Real Property Records, Denton County, Texas; Thence North 0 I degrees 00 minutes 00 seconds East, along a west line of said 170.204 acre tract a distance of 829.66 feet to a point for a corner; Thence in a North 0 I degrees East and across said 170.204 acre tract a distance of 1,813 feet to a point for a corner on the North line of Shepard Road; Thence West and continuing along the north line of said Shepard Road a distance of 3,589 feet to a point for a corner, said point being on a west line of a called 1,898.19 acre tract as described in the deed to JNC Partners Denton, LLC, from the Kenneth Craver Family Trust, being recorded under County Clerk's File Number 2004-51648, Deed Records, Denton County, Texas; 7 Thence North 00 degrees 10 minutes 40 seconds East along a west line of said 1,898.19 acre tract a distance of 2,892 feet to a point for a comer; Thence along the boundary of said 1,898.19 acre tract the following sixteen bearings and distances: South 88 degrees 48 minutes 27 seconds West, 4,780.48 feet; North 00 degrees 04 minutes 01 seconds West, 1,060.35 feet; South 89 degrees 24 minutes 48 seconds West, 2,288.75 feet; South 88 degrees 51 minutes 54 seconds West, 248.71 feet; North 00 degrees 01 minutes 41 seconds East, 4,076.10 feet; North 89 degrees 24 minutes 17 seconds East, 390.88 feet; North 89 degrees 13 minutes 19 seconds East, 2,132.51 feet; South 00 degrees 42 minutes 30 seconds East, 1,977.58 feet; North 89 degrees 50 minutes 20 seconds East, 1,884.63 feet; North 00 degrees 22 minutes 30 seconds West, 2,799.94 feet; North 00 degrees 20 minutes 42 seconds West, 1,324.91 feet; North 00 degrees 35 minutes 19 seconds West, 465.52 feet; North 89 degrees 36 minutes 58 seconds East, 898.29 feet; North 89 degrees 51 minutes 35 seconds East, 1,978.29 feet; South 02 degrees 32 minutes 59 seconds East, 422.73 feet; North 89 degrees 42 minutes 58 seconds East, 768.78 feet; Thence North 89 degrees 46 minutes 02 seconds East, a distance of 1,622.87 feet to a point for a comer and being the southwest comer of a certain described tract of land to Glena Dean Allen from Jo Ann Terry and Curtis Allen, being recorded in Volume 2331, Page 482, Deed Records, Denton County, Texas; Thence North 01 degrees 49 minutes 50 seconds West, along the west line of said Glena Dean Allen tract a distance of 1,773.1 feet to a point for a comer on the south line of Farm to Market Road 2153; Thence North across Farm to Market Road 2153, a distance of90 feet to a point for a comer on the north line of said Farm to Market Road 2153 said point also being the beginning of a curve to the left having a radius of2,819.79 feet; Thence with said curve to the left and along the north line of said Farm to Market Road 2153 an arc distance of 216.08 feet, said curve has a chord bearing and distance of North 86 degrees 14 minutes 00 seconds East, 216.03 feet to a point for a comer; Thence North 84 degrees 02 minutes 17 seconds East, along the north line of said Farm to Market Road 2153 a distance of 44.97 feet to a point for a comer, said point also being the beginning ofa curve to the right having a radius of2,909.79 feet; Thence with said curve to the right and along the north line of said Farm to Market Road 2153 an arc distance of335.34 feet, said curve has a chord bearing and distance of North 85 degrees 41 minutes 54 seconds East, 335.16 feet to a point for a comer; 8 Thence North 89 degrees 00 minutes 00 seconds East, along the north line of said Farm to Market Road 2153 a distance of 1,239.80 feet to a point for a comer; Thence East a distance of 588 feet to a point for a comer on the west line of a called 20.092 acre tract described in the deed to Elias Argumaniz, being recorded under County Clerk's File Number 96-R0059083, Real Property Records, Denton County, Texas; Thence North 02 degrees 19 minutes 00 seconds East, along the west line of said 20.092 acre tract a distance of 651 feet to a point for a comer, said point being the southwest comer of a called 6.8117 acre tract to Hilliard and Larry Joe McLoed, being recorded in Volume 1119, Page 94, Deed Records, Denton County, Texas; Thence North 00 degrees 40 minutes 51 seconds West, along the west line of said 6.8117 acre tract a distance of 239.33 feet to a point for a comer, said point being the northwest comer of said 6.8117 acre tract; Thence North 81 degrees 05 minutes 03 seconds East, along the north line of said 6.8117 acre tract a distance of 992.17 feet to a point for a comer being the northwest comer of the Lot 1, Block A, Ray Roberts Water Treatment Facility Addition, being recorded in Cabinet D, Page 104, Plat Records, Denton County, Texas; Thence North 80 degrees 33 minutes 33 seconds East, along the north line of said addition a distance of 994.48 feet to a point for a comer Thence North 80 degrees 29 minutes 05 seconds East, along the north line of said addition a distance of 970.07 feet to a point for a comer on the west line of Lake Ray Roberts Road; Thence South 01 degrees 04 minutes 41 seconds East, along the west line of said Lake Ray Roberts Road a distance of 598.52 feet to a point for a comer on the north line of the remainder tract of land described in the deed to Alfred G. Coulter and Grace Lena Coulter, being recorded in Volume 383, Page 552, Deed Records, Denton County, Texas; Thence South 00 degrees 30 minutes 58 seconds East, along the west line of said road a distance of 1633 feet to a point for a comer on the north line of Burger Road; Thence South, across said Burger Road a distance of 48 feet to a point for a comer on the south line of said road; Thence West, along the south line of said road a distance of 780 feet to a point for a comer and being on the east line of a called 91.08 acre tract described in the deed to the Kenneth Craver Family Trust, being recorded in Volume 1683, Page 649, Real Property Records, Denton County, Texas; Thence South, along the east line of said 91.08 acre tract a distance of2,180 feet to a point for a comer being the southeast comer of said 91.08 acre tract; 9 Thence West, along the south line of said 91.08 acre tract a distance of 851 feet to a point for a comer and being a southwest comer of said 91.08 acre tract and also being the southwest comer of a called 17.19 acre tract described in the deed to Mary Craver Denny from Henry William Denny, being recorded in Volume 2861, Page 588, Real Property Records, Denton County, Texas; Thence South 89 degrees 35 minutes 00 seconds West, along the south line of said 17.19 acre tract a distance of 1,282.5 feet to a point for a corner on the east line of Farm to Market Road 2153; Thence South 01 degrees 52 minutes 00 seconds West, along the east line of said road a distance of2,337.42 feet to a point for a comer Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of 2,548.0 I feet to a point for a corner and the beginning of a curve to the right having a radius of 5,774 feet; Thence along said curve to the right and along said road an arc distance of301.80 feet, and having a chord bearing and distance of South 01 degrees 41 minutes 51 seconds West, 301.77 feet to a point for a corner; Thence South, along the east line of said road a distance of 13.79 feet to a point for a comer and being the beginning of a curve to the left having a radius of 5,684 feet; Thence along said curve to the left and along the east line of said road an arc distance of 298.19 feet, and having a chord bearing and distance of South 00 degrees 05 minutes 49 seconds East, 298.16 feet to a point for a corner; Thence South 0 I degrees 36 minutes 00 seconds East, along the east line of said road a distance of 3,245 feet to a point for a corner and being the beginning of a curve to the left having a radius of 1,100.92 feet Thence along said curve to the left and along the east line of said road, an arc distance of 461.82 feet having a chord bearing and distance of South 13 degrees 36 minutes 57 seconds East a distance of 458.44 feet to a point for a corner; Thence South 25 degrees 38 minutes 00 seconds East, along the east line of said road a distance of 762.40 feet to a point for a corner and being the beginning of a curve to the right having a radius of 1,954.86 feet; Thence along said curve to the right and along the east line of said road, an arc distance of 874.53 feet having a chord bearing and distance of South 12 degrees 48 minutes 58 seconds East, 867.26 feet to a point for a corner; Thence South, along the east line of said road a distance of 505.98 feet to a point for a corner; 10 Thence South 67 degrees 36 minutes 49 seconds East, along the east line of said road a distance of 76.17 feet to a point for a corner on the north line of Farm to Market Road 428 and being the beginning of a curve to the right having a radius of 622.96 feet; Thence along said curve to the right and along the north line of said Farm to Market Road 428, an arc distance of 476.21 feet having a chord bearing and distance of North 67 degrees 17 minutes 55 seconds East, 464.70 feet to a point for a corner; Thence North 89 degrees 13 minutes 00 seconds East, along the north line of said road a distance of 1,173 feet to a point for a corner; Thence South, across said road a distance of 100 feet to a point for a corner on the north line of a called 73.782 acre tract as described in the deed to R. H. Venable, being recorded in Volume 450, Page 635, Deed Records, Denton County, Texas; Thence South 02 degrees 17 minutes 20 seconds West, along the west line of said 73.782 acre tract a distance of 1,254 feet to a point for a corner and being the northeast corner of a called 32.332 acre tract as described in the deed to Thomas McCutcheon, being recorded under County Clerk's File Number 00-R0071 021, Real Property Records, Denton County, Texas; Thence South 00 degrees 37 minutes 02 seconds West, along the east line of said 32.332 acre tract a distance of 451.35 feet to a point for a corner being the northeast corner of a called 144.597 acre tract to Double W. Farms, LLC, from Nancy Johnson Pickett, being recorded under County Clerk's File Number 2004-78032, Real Property Records, Denton County, Texas; Thence South 02 degrees 30 minutes 22 seconds West, along the east line of said 144.597 acre tract a distance of 1,376.10 feet to a point for a corner; Thence West, a distance of 1,965 feet to a point for a corner and being the southeast corner ofa called 9.366 acre tract, as described in the deed to Wallis J. Winegar and Jane Winegar, being recorded under County Clerk's File Number 2004-84536, Real Property Records, Denton County, Texas; Thence North 17 degrees 32 minutes 18 seconds West, along a east line of said 9.366 acre tract, a distance of 312.65 feet to a point for a corner; Thence North 34 degrees 52 minutes 42 seconds East, along a east line of said 9.366 acre tract, a distance of 165.00 feet to a point for a corner; Thence North 13 degrees 13 minutes 30 seconds West, along a east line of said 9.366 acre tract, a distance of 309.49 feet to a point for a corner; Thence North 73 degrees 23 minutes 27 seconds West, along a east line of said 9.366 acre tract, a distance of 199.30 feet to a point for a corner on the North line of said 9.366 acre tract; 11 Thence North 88 degrees 27 minutes 27 seconds West, along the north line of said 9.366 acre tract, a distance of 124 feet to a point for a corner on the east line ofPR 2718; Thence South, along the east line ofPR 2718, a distance of786 feet to a point for a corner on the north line of a called 65.149 acre tract as described in the deed to Edwin and Nancy Pickett from Jeffery A and Desiree B. Gutknecht, being recorded in Volume 4428, Page 1439, Real Property Records, Denton County, Texas; Thence South 88 degrees 36 minutes 49 seconds East, along the north line of said 65.149 acre tract, a distance of 169 feet to a point for a corner and being the northeast corner of said 65.149 acre tract. Thence South 0 I degrees 19 minutes 14 seconds West, along the east line of said 65.149 acre tract, a distance of 1,467.54 feet Thence North 87 degrees 10 minutes 37 seconds West, along the south line of said 65.149 acre tract a distance of 890.70 feet to a point for a corner; Thence North 87 degrees 32 minutes 03 seconds West, along the south line of said 65.149 acre tract a distance of 961.66 feet to a point for a corner; Thence West, along the south line of said 65.149 acre tract a distance of206 feet to a point for a corner on the north line of Saul Road; Thence South 55 degrees West, across said Sauls Road a distance of 118 feet to a point for a corner on the south line of said Sauls Road; Thence West along the south line of said Sauls Road a distance of301 fee to a point for a corner and being on the east line ofa called 41.449 acre tract as described in the deed to Tom and Mandy McCutcheon, being recorded in Volume 5265, Page 5057, Deed Records, Denton County, Texas; Thence South 03 degrees 48 minutes 14 seconds West, along the east line of said 41.449 acre tract a distance of 2,640.34 feet to a point for a corner in the north line of Elm Bottom Circle; Thence North 85 degrees 55 minutes 04 seconds West, along the north line of said Elm Bottom Circle and the south line of said 41.449 acre tract a distance of 766.19 feet to a point for a corner on the north line of said road and being the southwest corner of said 41.449 acre tract and being the southeast corner of a called 22.366 acre tract as described in the deed to Julia Fern Nicodemus, being recorded in Volume 5201, Page 2560, Deed Records, Denton County, Texas; Thence North 86 degrees 40 minutes 40 seconds West, along the north line of said Elm Bottom Circle and the south line of said 22.366 acre tract a distance of 762 feet to a point for a corner and being the northwest corner of a called 1.885 acre tract as described in the deed to Henry L. Vaughn, Sr. and wife Carolyn H. Vaughn, being recorded under County Clerk's File Number 2004-119851, Real Property Records, Denton County, Texas; 12 Thence South 02 degrees 24 minutes 43 seconds West, along the west line of said 1.885 acre tract, a distance of 415.50 feet to a point for a comer and being the southwest comer of said 1.885 acre tract; Thence North 76 degrees 18 minutes 06 seconds East, along the south line of said 1.885 acre tract, a distance of225.81 feet to a point for a corner and being the southeast comer of said 1.885 acre tract and being on the west line ofa called 10.0001 acre tract as described in the deed to Joseph M. Strittmatter and wife Marla A. Strittmatter, be recorded in Volume 5301, Page 5281, Denton County, Texas; Thence South 01 degrees 09 minutes 45 seconds West, along the west line of said 10.0001 acre tract, a distance of 267.25 feet to a point for a comer and being the southwest comer of said 10.000 I acre tract; Thence South 87 degrees 51 minutes 54 seconds East, along the south line of said 10.0001 acre tract a distance of 654.22 to a point for a comer, and also being the southeast comer of said 10.0001 acre tract and being located on the east line of Lot I, Block I, of the Clear Ridge Addition, being recorded in Cabinet R, Page 260, Plat Records, Denton County, Texas; Thence South 01 degree 59 minutes II seconds West, along the west line of said Lot I a distance of 1,564.75 feet to a point for a comer being the southeast comer of said Lot 1, said point being in Clear Creek; Thence along the southern boundary of said addition, and within the meanders of Clear Creek the following twenty-two bearings and distances: South 70 degrees 51 minutes 01 seconds East, 708.72 feet; South 60 degrees 27 minutes 45 seconds East, 325 feet; North 85 degrees 56 minutes 25 seconds East, 537.62 feet; North 37 degrees 07 minutes 29 seconds East, 203.66 feet; North 01 degrees 03 minutes 20 seconds East, 450.53 feet; North 89 degrees 05 minutes 56 seconds East, 449.23 feet; South 37 degrees 31 minutes 28 seconds East, 136.08 feet; South 09 degrees 16 minutes 55 seconds East, 194.18 feet; South 14 degrees 54 minutes 31 seconds East, 225.00 feet; South 06 degrees 33 minutes 49 seconds East, 258.46 feet; South 33 degrees 44 minutes 54 seconds West, 272.00 feet; South 08 degrees 33 minutes 20 seconds East, 148.00 feet; South 60 degrees 48 minutes 48 seconds East, 230.00 feet; North 65 degrees 00 minutes 37 seconds East, 662.74 feet; North 71 degrees 09 minutes 55 seconds East, 321.07feet; North 50 degrees 06 minutes 07 seconds East, 163.52 feet; South 87 degrees 28 minutes 50 seconds East, 105.00 feet; South 87 degrees 07 minutes 53 seconds East, 100.00 feet; South 45 degrees 27 minutes 48 seconds East, 333.50 feet; 13 South 66 degrees 18 minutes 45 seconds East, 172.00 feet; South 59 degrees 31 minutes 12 seconds East, 420.00 feet; South 67 degrees 40 minutes 21 seconds East, 209.56 feet and being the southeast corner of said addition and a northeast corner ofa called 207.54 acre tract to the City of Denton, being recorded under County Clerk's File Number 00-0004186, Real Property Records, Denton County, Texas; Thence South 01 degrees 18 minutes 04 seconds West, along the east line of said 207.54 acre tract a distance of2,956.98 feet to a point for a comer; Thence North 89 degrees 07 minutes 34 seconds East, along a north line of said 207.54 acre tract a distance of 579 feet to a point for a comer on the west line of Hardee Field Road; Thence South 02 degrees 58 minutes 57 seconds West, along the west line of said road a distance of 2,213 feet to a point for a corner on the north line of said road; Thence West, along the north line of said road a distance of 8,108 feet to a point for a comer; Thence South 56 degrees West, continuing along the northerly line of said road a distance of 302 feet to a point for a corner; Thence West, continuing along the north line of said Hardee Field Road, passing at 2,535 feet the transition point to the north line of Woodlands Hills Drive and continuing along said Woodlands Hills Drive a total a distance of2,990 feet to a point for a corner; Thence South, along the west line of said Woodlands Hills Drive a distance of 194 feet to a point for a comer on the south line of a called 3.599 acre tract, as described in the deed to Buddy F. Dobson and Bessie Lou Dobson from Walter E. Parker and Mildred Parker being recorded in Volume 654, Page 214, Deed Records, Denton County, Texas; Thence North 87 degrees 43 minutes 00 seconds West, a distance of 617 feet to a point for a comer, said point being a southwest comer ofa called 1,083.5749 acre tract, as described in the deed to Donald J. Carter and Linda Jo Carter from Home Interiors & Gift, Inc., being recorded under County Clerk's File number 94-R0065442, Real Property Records, Denton County, Texas; Thence North 87 degrees 26 minutes 09 seconds West, a distance of 1,164 feet to a point for a comer on the existing city limits line established by said Ordinance 74-36, said point being 500 feet east of the and perpendicular to the center line of Farm to Market Road 428; Thence North 31 degrees 15 minutes 00 seconds East, along the east line of the existing city limits line established by said Ordinance 74-36 a distance of 3,698 feet to a point for a comer and being the northeast corner of the existing city limits established by said Ordinance 74-36; Thence North 86 degrees 27 minutes 40 seconds West, along the north line of the existing city limits established by said Ordinance 74-36, and passing at a distance of 584.85 the centerline of said Farm to Market Road 428 and continuing same course for a total distance of 1,169.70 feet to the POINT OF BEGINNING and containing in all approximately 5,768 acres ofland. 14 -' II " "J~J II , " ,I ~~.J fOl,. .=c;'L. - ~_~~J. 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'" "-'/:"~'" 'r --... \ "'" :b ---- \, ....., EL1E_ I ~\ _ ~'\ I, iii ;Y r, l~ 0-'; !f === I EXHIBIT "B" CITY OF DENTON ANNEXATION SERVICE PLAN FOR AOS-0002 (North Denton Annexation) I. AREA ANNEXED The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides ofFM 2153 and FM 428 north of Hartlee Field Road in the northeastern area ofthe City of Denton Extraterritorial Jurisdiction (ETJ). II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43,021, 43,065, and 43,065(b)-(0) (Vernon 1999, as amended), Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan, The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation, The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits, The City of Denton will provide emergency medical services ("EMS"), D. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation, 16 E. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. F. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. G. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. H. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Rural Areas, Existing Neighborhood/lnfill Compatibility Areas, and Neighborhood Centers. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. 17 IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766- I 758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside-recycling service, and yard waste service will occur on the same day each week. Please telephone Customer Service, 940-349-8787, to find out which day your refuse, yard waste, and recyclables will be collected. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. 18 Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities The annexation area is along the northeastern border of the City of Denton. Based on current data, there is a 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this transmission pipeline at designated connection points that were designed into the pipeline. In so far as fire flows cannot be provided by other service providers, the City has the capacity to provide such services from existing waterlines, in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code Ch. 395, and the City's impact fee regulations. The southern part of the annexed area may be served by a major sewer collection main traversing the area east to west. The collection main has been designed to carry approximately 1 MGD and will connect to the City's existing treatment facilities by lift station. The City anticipates that construction of this facility will be completed within 16 months. This facility will serve property within the Milam Creek drainage basin. The City of Denton has current plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has acquired a site for the treatment plant that lies within the annexed area. The City has obtained a wastewater discharge permit from the TCEQ for this facility and engineering on plant design is near completion. The project includes a major east-west wastewater collection interceptor that will serve a portion of the annexed area. The project funding is in place. Other than service provided by this interceptor, the city has no 19 information concerning the timing of proposed developments that will necessitate provision of such facilities in 2.5 years. The City thus shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. However, upon receipt of information identifying the timing of proposed developments in the annexed area that cannot be served by the east-west collection main, the City will amend its service plan to provide for wastewater treatment and collection from the planned system facilities, so as to enable delivery of services to the proposed developments in accordance existing practice. Water and wastewater mains shall be extended as development occurs within the area in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is not certified by the State to provide electric utility service to the annexation area beyond Elm Bottom Circle should a request be made by a property owner. V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land 20 use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 Yz) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REOUlRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 21