HomeMy WebLinkAboutMarch 21, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
March 21, 2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, March 21, 2006 at 5:30 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. Receive a report and hold a discussion on the City Manager search process.
2. Requests for clarification of consent agenda items listed on the consent agenda for
today's City Council regular meeting of March 21, 2006.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to
consider specific items when these items are listed below under the Closed Meeting section of this
agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the
City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular
or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any
item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as
amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consultation with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
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, plat applications, 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.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF ~551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, ~551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION ~551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
City of Denton City Council Agenda
March 21, 2006
Page 2
Regular Meeting of the City of Denton City Council on Tuesday, March 21,2006 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
1. Presentation of American flag by Bob Clyatt.
B. March Yard-of-the-Month Awards
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - H). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - H below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider approval of a resolution by the City Council of the City of Denton
approving an extension of time for the issuance of bonds by North Texas Higher
Education Authority, Inc. and making certain findings in connection therewith.
B. Consider adoption of an ordinance providing for the expenditure of funds for the
emergency purchase of a compressor for the air conditioning unit at City Hall
East in accordance with provisions of State Law exempting such purchases from
requirements of competitive bidding; and providing an effective date (File 3483 -
Emergency Purchase of Compressor For City Hall East awarded to CBS
Mechanical Services, Inc. in the amount of $29,684).
C. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a Professional Services Agreement
for Architectural or Engineering Services by and between the City of Denton,
Texas and Teague Nall and Perkins, Inc. for the design of the Western Boulevard
Project; providing for the expenditure of funds therefor; and providing an
effective date.
City of Denton City Council Agenda
March 21, 2006
Page 3
D. Consider adoption of an ordinance approving Right-of-Way Use and License
Agreement between the City of Denton and Wells Fargo Bank, N.A. that will
allow and accommodate the installation of electric facilities between Wells Fargo
Bank N.A. property tracts situated adjacent to the right-of-way of Walnut Street
and Austin Street; and declaring an effective date.
E. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Opening Doors Immigration
Services for provision of assistance to victims of domestic violence; providing for
the expenditure of funds therefore; and providing an effective date.
F. Consider a request to the Noise Exception Ordinance 2001-265 (Section 20-1, #4
General Noise Violations 6) to allow DFW Acrylic & Plastering, Inc. to perform
construction work at the Kroger grocery store located at Denton Crossing, on
Loop 288. The date of construction would be March 22 - 26th from 9:00 p.m.
until 6:00 a.m.
G. Consider approval of tax refunds for the following property taxes:
Name Reason Tax Amount
Year
1. Nortex Motorsports, Inc/Cycle Center of Duplicate Payment 2005 $ 2,713.63
Denton
2. First American/Griffin, Lynelle Duplicate Payment 2005 $ 1,723.20
3. Stewart Title Overpayment 2005 $ 1,135.02
4. First American/Fleming, Jeffery & Rachel Duplicate Payment 2004 $ 1,025.16
5. Caplinger, Paul Duplicate Payment 2005 $ 978.80
6. M&A Texas Denton Land Ltd DCAD Supplemental 2005 $ 887.17
Change (value
change)
7. First American/Seligmann, Gustav & Karin Duplicate Payment 2005 $ 881.82
8. Capital Title of Texas Duplicate Payment 2005 $ 825.49
9. First American/Picou, Gary Duplicate Payment 2005 $ 813.68
10. First American/Castro, Angel Duplicate Payment 2004 $ 811.71
11. LSI Tax Services/Roder, Kenneth & Gay Duplicate Payment 2005 $ 798.34
12. First American/Collinsworth, Marcilla Overpayment 2005 $ 793.75
13. CMH Parks, Inc Overpayment 2005 $ 754.29
14. First American/Seely Jr, Arthur Duplicate Payment 2005 $ 722.70
15. First American/Prickett, Joe Duplicate Payment 2005 $ 702.92
16. First American/Smith, Kathleen Duplicate Payment 2005 $ 574.15
17. First American/Griffin, Lynelle Duplicate Payment 2005 $ 560.00
18. First American/Calderon, Jose & Cruz, Duplicate Payment 2005 $ 514.17
Alicia
H. Consider approval of the minutes of:
February 14,2006
February 20, 2006
February 21, 2006
March 6, 2006
March 7, 2006
City of Denton City Council Agenda
March 21, 2006
Page 4
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of ordinance amending Section 35.5
of the Denton Development Code ("CODE") by adding Section 35.5.2.4, entitled
"Mixed Use Residential Protection Overlay", amending the first sentence of
Section 35.7.3 of the Code relating to overlay districts. The Planning and Zoning
Commission recommends approval (5-0).
B. Hold a public hearing and consider adoption of an ordinance amending portions
of Subchapter 16 (subdivisions) of the Denton Development Code; providing for
a severability clause and an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, certifying
funding and support for the Statewide Transportation Enhancement Program
Nomination Form 2006 with the Texas Department of Transportation, authorizing
the City Manager to submit an application to receive funding to build the Hickory
Street Corridor and Arts Walk Project under the Program and, if the grant is
approved, to execute the grant agreement and take other actions necessary to
implement the grant; and providing an effective date.
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Peternia Washington regarding MLK Recreation Center.
B. Bob Clifton regarding City business.
C. Ed Soph regarding how safe is Safety-Kleen.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
E. Lanisha Hudspeth regarding concerns of Southeast Denton.
F. Jordan Hudspeth regarding concerns of Southeast Denton.
G. Willie Hudspeth regarding concerns of Southeast Denton.
H. Robert Donnelly regarding city government.
C. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Agenda
March 21, 2006
Page 5
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2006 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMP AIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
Revised 3/16/2006
AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
DEPARTMENT:
CM:
Human Resources
Howard Martin, 349-8232 ..
SUBJECT
Receive a report and hold a discussion on the City Manager search process.
BACKGROUND
City Manager Mike Conduff retired in December of 2005, and Howard Martin was appointed as
the Interim City Manager effective January 1,2006. As a result of the vacancy, the City Council
Committee for Council Appointee Performance Reviews ("CAPR Committee") has been
discussing a recommended search process for the City Manager position. The CAPR Committee
would like to make a recommendation, hold a discussion, and receive direction from the Council
on the process.
Attached is a draft of an advertising brochure that outlines several facts about Denton as well as
the qualifications that candidates will need to successfully compete for the City Manager
position. This brochure can be used as a direct marketing tool. Other information can be
abstracted from the brochure to include in abbreviated job advertisements and on websites.
Council will need to provide feedback on the brochure and communicate any desired changes to
Mayor Pro- Tem McNeill, Chair of the CAPR Committee.
PRIOR ACTIONIREVIEW
There has been no prior action or review.
FISCAL INFORMATION
There will be a fiscal impact associated with the search process; however, the amount will
depend on the direction from Council. For example, if the Council decides to use a search firm,
costs could possibly range from $15,000 - $25,000. Without a search firm, some advertising cost
will be incurred.
Attachment:
City Manager Search Brochure
R~~ctfUllY sub~i.~ted:
Lt
, ,
Carla 1. Romine
Director of Human Resources
1
February 2006
Executive Search
City of Denton
Mission Statement
"To be a leader among
cities in delivering
outstanding quality services
and products through
citizen involvement,
innovation, and efficient use
of resources."
The Community
The City of Denton is 69.542 square miles
and strategically positioned within the
DallaslFort Worth Metroplex, only 37 miles
northwest of Dallas and 35 miles northeast of
Fort Worth. Located on the Interstate 35
corridor where I-35E and I-35W intersect
(the North American Free Trade Agreement
highway), Denton is able to benefit all types
of businesses - from local to international.
Denton is a unique community whose
diversity gives it strength. Although Denton
is no longer a small town with an estimated
population of 103,029, there are certain
qualities of small town life that our citizens
hold dear. The historic downtown is the heart
of Denton; the square and surrounding streets
are used every day and night as a gathering
place for commerce, civic events, and
entertainment.
Not only is Denton the county seat of Denton
County, but it is also the home to two major
universities: the University of North Texas
(UNT) and Texas Woman's University
(TWU).
In addition to the two major universities, the
city also has North Central Texas College
(NCTC), which is the oldest two-year public
school in Texas.
There are two major hospitals: Denton
Regional Medical Center and Presbyterian
Hospital of Denton.
The City maintains 33 parks and open spaces
and 8 recreational facilities that offer
expansive leisure opportunities and appeal to
everyone from rock climbers to jazz
enthusiasts. The City Parks and Recreation
Department has won the National Gold Medal
A ward for Excellence three times. In May
2003, Denton opened Water Works, an
Aquatics Center with indoor and outdoor
pools and a water recreation park. The Water
Works park is a partnership between the City
of Denton and the Denton Independent
School District.
The City also currently operates 3 libraries, 6
fire stations, and a municipal airport.
Exhibit 1
"Dec;{~cllltec;{ to
Quill L~ttj
sevvLce"
City of Denton's
Emergency 911 Dispatch
City of Denton Organization Chart
Citizens
City Council
Boards and Co
City Attorney
Assistant City Manager
Public Information Office
Human
Assistant City Manager
Police Department/Animal Services
Governance
The City of Denton was incorporated on
September 26, 1866. The City operates as a
Home Rule City, under a Council-Manager
form of government and provides the
following services as authorized by its Charter:
public safety (police and fire), public works,
parks and recreation, electric, water and
wastewater utilities, solid waste, and general
administrative services.
The City is a municipal corporation governed
by an elected mayor and a six-member council.
The City receives funding from state and
federal government sources and must comply
with the requirements of these funding source
entities.
Electric Operations
The current Mayor, Euline Brock, was elected
Mayor in 2000. She was an at-large member of
the City Council from 1992-1998, serving as
Mayor Pro Tem from 1994-1998. As
Councilmember, she was the Council
representative on the City's Development
Policy Committee, Land Use Planning
Committee, and Joint Tax Abatement
Committee. Before her election to the City
Council, Mayor Brock was a member of the
Planning and Zoning Commission from 1985
to 1991, serving as Chair from 1988 to 1991.
Other Council Members are:
. Perry McNeill, Mayor Pro Tem District 4,
is a Full Professor on the faculty at the
(Continued on page 3)
(Continued from paze 2)
University of North Texas in the
Electronics Engineering Technology
program. He was first elected to
Council in 2001 and is currently
serving his 3 rd term.
. Charlye Heggins, Council member
for District 1, was elected in 2005
and is serving her first term. In
March 2004, she retired from 20
years serving as nutrition
coordinator for SPAN and is
involved in various aspects of the
Denton community
. Pete Kamp, Council Member for
District 2, was first elected in 2003
and is serving her second term. She
has been a Regional Manager for
Pharmaceutical companies for over
twenty years and Denton Business
Owner for five years (Stone Soup
Interiors & Gifts) in downtown
Denton.
. Jack Thomson, Council Member
for District 3, was first elected to
Current Issues
Growth continues to Increase
demand for City of Denton
services. From July 2003 to July
2004, the US Bureau of Census
estimated the City of Denton grew
by 4.9%. All projections indicate
that Denton's population will
continue to grow 4%-5% per year.
During the 2005-06 fiscal year,
more than 4,000 new residents will
reqUIre municipal servIces. In
calendar year 2004, annexations
added 163 acres to the City of
Denton service area. An additional
3,392 acres were annexed In
calendar year 2005.
Even though new single family
residential building permit activity
decreased 15% in the first half of
calendar year 2005 compared to
the same time last year (565
residential permits in 2005 versus
671 residential permits in 2004),
new commercial building permits
continued to Increase (30
commercial permits in 2005 versus
20 commercial permits in 2004, a
council in 2003 and is serving his
second term. He has lived in
Denton for twelve years and has
been involved with various
community activities including
HOPE, Inc. (current Board Member
and Finance Officer) and Denton
Christian Pre-School, (past Board
Chair for 6 years).
. Bob Montgomery, Council
Member At Large Place 5, was first
elected in 2002 and is currently
serving his second term. He is a
native Texan and has lived and
worked in Dallas, Lubbock,
Houston, Austin and Richardson.
He came to Denton in 1985 and
quickly became involved in the
volunteer activities that make
Denton a great place to live and
work.
. Joe Mulroy, Council Member At
Large Place 6, was first elected in
2004 and is serving his first term.
50% increase).
Additionally, as projects from both
the 1996 and 2000 Bond Elections
were brought on line, more
operating resources have been
required to maintain new streets,
parks, libraries, and other
infrastructure improvements. The
2000 bond program was passed by
the voters with the understanding
that there would be two-cent, two-
cent, and one-cent increases. While
the first two Increases were
implemented, the Council delayed
implementation of the one-cent
Increase until the economy
improved. With improved
economic conditions the 2005-06
budget includes the one-cent tax
rate increase. This revenue will be
used for debt serVIce and
operations and maintenance costs
on capital projects associated with
the 2000 bond program, especially
recreational activities.
(Continued on page 4)
Page 3
Joe is a 25 year resident of Denton,
having earned a Bachelor of Arts
degree from the University of North
Texas in 1980. Since 1982, he has
owned and operated local business
concerns with the responsibility of
over 300 employees.
Denton Municipal
Electric
2005-06 Adopted Budget
General $ 70,142,594 $ 69,921,911
General Debt Service 10,629,427 10,629,427
Electric 173,216,026 173,216,026
Wastewater 23,798,553 23,496,101
Water 38,886,242 38,536,098
Solid Waste 15,982,216 15,585,607
Technology Services 6,319,775 6,319,775
Materials Mgmt 6,568,830 6,230,279
Motor Pool 4,558,706 4,558,706
Fleet Management 4,421,888 4,421,888
Recreation 1,317,139 1,317,139
Aquatic Center 1,926,612 1,879,167
Tourist & Convention 1,078,755 1,078,755
Emily Fowler Library 156,737 156,737
Police Confiscation 115,500 115,500
Total $359,119,000 $357,463,116
Renovated buildings, like
the Campus Theater, add to
the growing vibrancy ofthe
downtown area.
Cinco DeMayo is one ofthe
events the City of Denton
sponsors.
(Current Issues - Continued from DW2.e 3)
Maintaining service levels for police, fire,
utilities, streets, parks, libraries, and other
programs, as the community continues to
grow and improvements are completed,
requires the commitment of additional
resources. To help offset these increasing
costs, the organization has worked diligently
to reduce costs, including the elimination of
51.2 full-time equivalent (FTE) positions.
The budget issues associated with rising
demand and declining resources have been
numerous and complex. The adopted budget
incorporates the following significant
components:
. The addition of 8 police positions
. The elimination of 51.2 full-time
equivalent positions
. An efficiency study
. A compensation and classification study
. A 1 % cost of living increase for
employees in October 2005
. Civil Service step plan increases
. A $0.01 property tax rate increase
. Replacement of vehicles for Police, Fire,
Street, Airport, Traffic, and Parks
departments
. An image and marketing project
contribution of $80,000 (TIP Strategies
Process)
. Sales tax growth projection of 2.5% over
the current year's estimate
Other Information
The City's workforce consists of
approximately 1100 regular full-time and part-
time employees. Approximately 280 of these
employees work as Police Officers and Fire
Fighters who are governed by Chapter 143 of
the Texas Local Government Code.
Meet and Confer
On November 15, 2005, the City Council
passed a resolution granting recognition of
Local 1291 of the International Association of
Fire Fighters as the sole and exclusive
bargaining agent of the non-exempt fire
fighters, and authorized the City to meet and
confer with the association without an
election.
On December 13, 2005, the Council passed a
similar resolution recognizing the Denton
. Ad valorem growth of 9.4 7% over the
current year
. Base rate increase in Electric rates
. No base rate increase for Water retail
customers
. Rate increase of 6% for Wastewater retail
customers
. Various rate changes for residential Solid
Waste cart service
. Rate increase of $0.51 per month for
residential Solid Waste curbside recycling
. New monthly rate of $ 1. 75/unit for
multifamily recycling
In addition to growth and increasing demands
for services, the City is faced with the rising
costs of health insurance. The City of Denton
utilizes an Employee Insurance Committee
(EIC) to assist in evaluating the City's health
and benefits programs. In tandem with EIC
input, staff evaluated various methods to
address the skyrocketing costs of providing
health care and focused on increasing the
employee's responsibility. For the 2005-2006
budget, the City's premium contribution is
limited to a 3% increase and incorporates
significant plan design changes, as well as
increases in the employees' contribution.
For a complete copy of the adopted budget
for FY 05/06, please refer to our website at
www.citvofdenton.com
Police Officer's Association as the sole and
exclusive bargaining agent of the non-exempt
police officers.
Denton has contracted with the law firm of
Denton, Navarro, Rocha, and Bernal to assist
with the meet and confer negotiations.
Denton was the first city in Texas to go to the
meeting table under the new "meet and
confer" legislation with its "ground rules"
meeting on January 12, 2006.
New Develonment
The City recently purchased 88 acres in the
southwest area of the City for a new fire
station and joint police and fire public safety
training facility. Fire Station #7 is currently
(Continued on page 5)
(Other Information - Continued from DW2.e 4)
being designed and once constructed
is anticipated to open January 2007.
Funding is included in the FY 05/06
budget for the fifteen firefighters
necessary to open Fire Station #7
and to purchase a new fire engine.
The Denton Municipal Airport has
several construction projects
currently in various phases. The
design of a new 4,500 square-foot
Airport Terminal Building is now in
the process with construction
scheduled to begin later this year.
Other airport construction projects
are Airport terminal apron and a
1,000-foot extension to the runway.
Candidate Profile
The City Council is seeking an
experienced, dynamic City Manager
who will be responsible for
managing the operations of the City
under the direction of City Council.
Successful candidate will have a
Master's degree in Public
Administration, Business
Administration or related field with
five years of experience as a City
Manager, Assistant City Manager or
Deputy City Manager OR have any
combination of training and
experience that provides the
knowledge, skills and abilities
required to perform the duties as
City Manager. The City Council
will also consider applicants with at
least five years successful
experience managing the operations
Compensation
The City of Denton is offering an
open compensation depending on the
background and qualifications of the
successful candidate.
A generous benefits package
includes nine paid holidays; ten
hours vacation accrued monthly;
eight hours sick leave accrued
montl1ly; bereavement leave; life
insurance; long term disability
In association with the Denton County
Transportation Authority (DCT A), the
of a diverse organization in the private
sector. The applicant must have a
proven track record of company
development while maintaining controls
and compliance in federal and other
regulatory areas.
The Council is looking for an individual
who will take an active role in the
community as well as lead the local
government in the direction that the
citizens and City Council desires.
Additional qualifications include:
. Exceptional oral and written
communication skills including the
ability to communicate effectively
with a diverse community, Council
Members, media, and City
employees.
. Experience with strategic/long range
insurance; group health, VISIOn, and
dental insurance; wellness program;
employee assistance program; flexible
spending accounts; tuition
reimbursement; social security; deferred
compensation; and defined retirement
through the Texas Municipal Retirement
System.
Page 5
City of Denton is purchasing land tlrrough
CIP funds in anticipation for the
development of future Multi-Modal
Transportation Stations.
Other development projects include the
renovation of the City's jail and expansion
of the South Branch Library.
planning and goals setting, which will
be vital in dealing with significant
growth.
. An effective leader who can
communicate with employees at all
levels of the organization and who can
motivate employees to a high level of
customer service while creating a
customer-friendly environment.
. A record of honesty and integrity. The
new City Manager should have the
ability to develop an open and trusting
relationship with the community, City
Council, and employees.
. A creative thinker who works with the
City Council to develop "out-of-the-
box" solutions to problems. He or she
should have the ability to anticipate the
future impact of current decisions.
Employee Appreciation Day: One ofthe many
ways we recognize our employees.
City of Denton
Department of Human Resources
601 East Hickory, Suite A
Denton, Texas 76205
Phone: 940-349-8340
Fax: 940-349-8348
TDD: 800-735-2989
Mailing Address Line 1
Mailing Address Line 2
Mailing Address Line 3
Mailing Address Line 4
Mailing Address Line 5
We' ft.e o.n the Weli !
Application and Selection Process
For additional information regarding this position, please contact:
The City of Denton
Department of Human Resources
601 East Hickory, Suite A
Denton, Texas 76205
Phone: (940) 349-8340; Fax (940) 349-8348
TDD: (800) 735-2989
Website: www.cityofdenton.com
Open Until Filled. The first resume review date will be approximately , 2006. To be considered for
the City Manager position, submit a letter of intent, resume, and current salary information to the City of Denton
Department of Human Resources. A Council selection committee will determine the finalists to be interviewed.
Interviews should begin late Summer of 2006. The finalist will be subject to an education verification/criminal
history/credit/driver's record checks and drug testing. Under the Texas Public Information Act, information from
your resume may be subject to release to the public at any time during the process.
ADA/EOE/ADEA
AGENDA INFORMATION SHEET
AGENDA DATE: March 21,2006
DEPARTMENT: Finance
ACM:
Jon Fortune
.
SUBJECT
Consider approval of a resolution by the City Council of the City of Denton approving an
extension of time for the issuance of bonds by North Texas Higher Education Authority,
Inc. and making certain findings in connection therewith; and providing an effective date.
BACKGROUND
On November 1, 2005, City Council approved Resolution #2005-044 authorizing North
Texas Higher Education Authority, Inc. (NTHEA) to issue $200 million in bonds by the
end of the first quarter of 2006.
However, other financing activities have demanded a greater amount of time than
anticipated. Therefore, NTHEA will not be able to meet the March 31, 2006, deadline and
requests an extension until June 30. The Texas Bond Review Board has provided a
deadline of May 17,2006, for NTHEA to complete this transaction.
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-
profit corporation for the purpose of furthering educational opportunities of students by
providing funds for the acquisition of student loans. The Cities of Arlington and Denton
exercise the powers enumerated under Section 53B.47 of the Texas Education Code and
the Cities appoint the directors of the Authority. Under Section 53B.47 the Authority may
issue revenue bonds or borrow money to provide funds for the purchase of student loans
guaranteed under provisions of the Higher Education Act of 1965, as amended. The City
of Denton is not financially obligated in any way. The Authority assumes sole
responsibility for the administration of the Authority's student loan program. The
Authority issued its first revenue bonds for such a purpose in 1979.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
Since 1979 Council has approved resolutions to issue NTHEA student loan revenue bonds.
Agenda Information Sheet
March 21, 2006
Page 2
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
Resolution No. R2005-044
Certificate of Secretary
Resolution
Respectfully submitted:
Diana G. Ortiz
Chief Financial Officer
:S:IUUT lJocumentslKesOluUonSIU:l\NT .HIgher bducatlon Auth !:londs
RESOLUTION NO.12.~()g:.~t/t/
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
WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was
established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the
purpose of furthering educational opportunities of students by providing funds for the acquisition
of student loans; and
WHEREAS, the City of Denton and the City of Arlington have requested the Authority
to exercise the powers provided for in Section 53B.47 ofthe Texas Education Code, as amended;
and
WHEREAS, pursuant to such request, the Authority has issued student loan revenue
bonds or otherwise borrowed money to obtain funds to purchase student loans which are
guaranteed under the provisions of the Higher Education Act of 1965, as amended, and
additional funds are now needed to continue the program;
WHEREAS, the Authority requests that the City approve the issuance of additional bonds
to augment the Authority's student loan program;
WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided
that City is not responsible in any way for such bonds, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton, Texas, hereby grants its
approval to the North Texas Higher Education Authority, Inc. to issue and deliver during the
fourth quarter of calendar year 2005 student loan revenue bonds or other obligations, in one or
more series, in an amount not to exceed $200,000,000, to consist of (1) student loan revenue
bonds in the principal amount of $98,800,000; utilizing a 2005 Private Activity Bond Allocation,
and (2) taxable student loan revenue bonds in a principal amount not to exceed $101,200,000.
The bonds or other obligations are to be issued for the purposes of obtaining funds to purchase
student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as
amended, refunding outstanding obligations of the Authority, setting aside the amount the
Authority determines is necessary for a reserve and for operating costs, and paying the cost of
issuing such obligations in accordance with the laws of the State of Texas, including
Chapter 53B, Texas Education Code.
SECTION 2. That the City Council. of the City of Denton, Texas, hereby grants its
approval to the North Texas Higher EducationAuthority, Inc. to issue and deliver during the first
quarter of calendar year 2006 student loan revenue bonds or other obligations, in one or more
series, in an amount not to exceed $200,000,000, to consist of (1) student loan revenue bonds
utilizing a 2005 Private Activity Bond Allocation Carryforward and a 2006 Private Activity
1
S:\Our Documents\Kesolutions\OSINT Higher bducation Auth Bonds
Bond Allocation, and (2) to the extent such allocations are not available, taxable student loan
revenue bonds or other obligations. The bonds or other obligations are to be issued for the
purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under
the Higher Education Act of 1965, as amended, refunding outstanding obligations of the
Authority, setting aside the amount the Authority determines is necessary for a reserve and for
operating costs, and paying the cost of issuing such obligations in accordance with the laws of
the State of Texas, including Chapter 53B, Texas Education Code.
SECTION 3. That the City Council of the City of Denton, Texas, hereby grants its
approval to the application of North Texas Higher Education Authority, Inc. for a 2005 Private
Activity Bond Allocation Carryforward in an amount not to exceed $160,000,000, and hereby
authorizes the Mayor to execute such application.
SECTION 4. The City of Denton, Texas requests that the Authority exercise the powers
enumerated and provided for in Section 53B.47, Texas Education Code, as amended, and that
such non-profit corporation shall, in this connection, exercise such powers for and on behalf of
the City of Denton, Texas and the State of Texas, as contemplated by Section 53B.47(e), (f) and
(g), Texas Education Code, as amended.
SECTION 5. The City of Denton, Texas does not agree to assume any responsibility in
connection with the administration of the Authority's student loan program. Sole responsibility
for the administration of the Authority's student loan program is assumed by the Authority.
SECTION 6. Further, it is recognized by the City of Denton, Texas that the instruments
which authorize the issuance of bonds, notes, or obligations by the Authority will specifically
state that the City of Denton, Texas is not obligated to pay the principal of or interest on the
bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution
shall be construed as an indication by the City of Denton, Texas that it will payor provide for the
payment of any obligations of said Authority whether theretofore or hereafter incurred; and in
this connection, attention is called to the Constitution of the State of Texas, wherein it is
provided that a city may incur no indebtedness without having made provisions for its payment,
and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any
present or future funds, assets or money for the payment of any indebtedness or obligation of the
Authority.
SECTION 7. It is hereby officially found and determined that the meeting at which this
resolution 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 posted, :as required by law.
SECTION 8. This resolution shall become effective immediately upon its passage and
approval.
. sf t/J, .A~ it A I
PASSED AND APPROVED this the 1- day of r & 'MrfUCKA_____
, 2005.
c~k~
EULINE BROCK, MAYOR
2
:::i:\Uur iJocuments\KesolunOnS\U)\N 1 tllgner .t,oucanon Autn Honds
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~t- CA\d 1:9 ~,,-,
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDE CITY ATTORNEY
BY:
3
,
CERTIFICATE OF SECRETARY
THE STATE OF TEXAS
9
9
9
9
~
COUNTY OF DENTON
CITY OF DENTON
following:
I, the undersigned, Secretary of the City of Denton, Texas do hereby certify the
1. On the day of , 2006, the City Council of
the City of Denton, Texas convened in regular session at its regular meeting place in City Hall,
with the duly constituted members of the City Council being as follows:
Euline Brock
Charlye Heggins
Pete Kamp
Jack Thomson
Perry McNeil
Bob Montgomery
Joe Mulroy
Mayor
Council Member, District 1
Council Member, District 2
Council Member, District 3
Council Member, District 4 and Mayor Pro Tern
Council Member, At Large Place 5
Council Member, At Large Place 6
and all Council Members were present at said meeting, except the following:
Among other business considered at said meeting, the attached resolution, entitled:
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF DENTON APPROVING AN EXTENSION OF TIME
FOR THE ISSUANCE OF BONDS BY
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.;
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
was introduced and submitted to the Council for approval and passage. After presentation and
due consideration of the resolution, and upon a motion by ,
seconded by , the resolution was duly passed and adopted by the
City Council, to be effective immediately, by the following vote:
voted "For"
_ voted "Against"
abstained
all as stated in the official Minutes ofthe City Council for the meeting held on the aforesaid date.
2. The attached resolution is a true and correct copy of the original resolution
on file in the official records of the City of Denton, Texas. The duly qualified and acting
members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council
meeting are those persons above named; and according to the records of my office, each member
of the City Council was given advance notice of the time, place and purpose of the meeting, and
45724995.1
1
,
that said meeting and deliberation of the aforesaid public business was open to the public, and
written notice of said meeting, including the subject of the entitled resolution, was posted and
given in advance thereof, in compliance with the provisions of Chapter 551, Texas Government
Code.
IN WITNESS THEREOF, I have hereunto signed my name officially and affixed
the seal of said City, this the day of , 2006.
Jennifer Walters, City Secretary
City of Denton, Texas
(Seal)
45724995.1
2
S :\Our Documents\Resolutions\06\NTHEA Extension.doc
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON APPROVING AN
EXTENSION OF TIME FOR THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER
EDUCATION AUTHORITY, INC. AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution No. R2005-044 the City Council of the City of Denton
approved the issuance of $200,000,000 in principal amount of student loan revenue bonds by
North Texas Higher Education Authority, Inc. ("Authority") during the first quarter of 2006; and
WHEREAS, the Authority has asked the City to approve an extension of time for the
issuance of its bonds; and
WHEREAS, the City wishes to approve the extension; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the city of Denton, Texas, hereby grants its approval
to the North Texas Higher Education Authority, Inc. to issue and deliver its student loan revenue
bonds in the amount and for the purposes described in Resolution No. R2005-044 no later than
June 30, 2006.
SECTION 2. It is hereby officially found and determined that the meeting at which this
Resolution 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 posted, as required by law.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD , CrT TTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: March 21, 2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Bruce Henington 349-8134
ACM:
Jon Fortune
.
SUBJECT
Consider adoption of an Ordinance providing for the expenditure of funds for the emergency
purchase of a compressor for the air conditioning unit at City Hall East in accordance with
provisions of State Law exempting such purchases from requirements of competitive bidding;
and providing an effective date (File 3483-Emergency Purchase of Compressor For City Hall
East awarded to CBS Mechanical Services, Inc. in the amount of $29,684).
FILE INFORMATION
This purchase order is for the replacement of a 100-ton air conditioning compressor on the old
main chiller at City Hall East, which was installed in 1994. Due to the 24 hour/7days a week
operation and unusually warm weather conditions, this unit must be replaced as soon as possible.
Quotations were solicited from qualified service providers and CBS Mechanical Services, Inc.
was the lowest of those responding.
RECOMMENDA TION
Award to CBS Mechanical Services, Inc. in the amount of $29,684.
PRINCIPAL PLACE OF BUSINESS
CBS Mechanical Services, Inc.
Denton, TX
ESTIMA TED SCHEDULE OF PROJECT
The compressor is in factory stock and installation can be completed within two weeks.
FISCAL INFORMATION
This item will be funded from account number 230001.6512.
Agenda Information Sheet
March 21, 2006
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 :Memo from Bruce Henington
Attachment 2: Quote from CBS Mechanical Services, Inc.
Attachment 3: Purchase Order 126843
l-AIS-File 3483
Attachment 1
604 E Ku:kory * Denton, TexJlS 76205* (940) 349-7200 * Fax (940) 349-8242
Facilities Management Deportment, Bruce Henington, Diredor
MEMORANDUM
DATE:
March 3, 2006
TO:
FROM:
Tom Shaw, Purchasing Agent
Bruce Henington, Director of Facilities / Fleet
h~
SUBJECT: Emergency Replacement of the lOOTon Compressor on Chiller at
City H2ll East
We are in need of an emergency replacement of the lOOton air conditioning
compressor on the old main chiller at City Hall East. The Police Department air
conditioning, chiller has one 10Oton compressor completely burned out. Due to the
unseasonably warm temperatures and the 24 hour I 7 days a week operation ofPD, we
need to get the compressor running again immediately.
Attached are quotes associated with the compressor replacement.
&&Dedicated to Quality Service"
Attachment 2
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0000. ENERGY PlACE BLDG. 100 · DENTON. TEXAS 76201"
. . (940) 383-4367
Base hid bldedel 1l111iterW and eq,":pJlJt:llf to pcriorm. tb& fo~ .
A: RemovunsUng l00tM l'tane51::rew compressOr and install anew Dane 100 ton
~~"!Ot"
B; 1nsfaI1 new ~ 1D cmJimr with drlft' com aiJd replace liqnld line'drier cores.
C: llepl.aeo 2(10 amp ~"C5SOr ~rs.
D: Leak te4t, ~~ and dwp sysrem.
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P: R.tttrn a:Jld e:haogI! fi1te( drlm aftd. oil .
G: Chuk am:! nleOTd opmdion.
B8S1: .Bid >>ocs :N~ IBclude:
MY ot1b!r ~ m.W1dneeded ~ qu6ttd. woU...
. N~ -
Work. To ~ Performed: MoJldarFrlday 8~OQ !'lII- 5..00 pm
II Is tgnmf i/Ift IA BIIMng at1he =cmt pJI:CIlS fotlabat fiId msleIlaIS Ills ~ by 1M panIK 1hIi 1II& aame will bIl paid to 1be order (fC8S
Mecl'lMloal seniJces. 1IIe. ..kt' _ or tN&lD'IIi in. Dw1loa. Texis, plompey as. pJOVIded llcreJn, and'lll tIl1 \MInt IlII1lll 1& not so paid we agMl! to
~ IBter9M ai l\MMt (12%) perGeIIl' ~ tImlllll'OOllllt mn b d\lt 6aW II1II In lb. _1119 SlIPIB In ~cI8d 1~ 8lI!t Dr fIuoUglI'u At:!G!MY. "
ths Proba\!r Caurt or 8lldutt~ twJt. \lIS -slIM to p.v lYIO""* I:OJIec6on 1rlIJ*lN'. inc:iuding buI nolli1lbd 10 8llOmey'. 18. thtrion. If I
biIGomIlS pe;::eUary tD fII8 IIaI'I V) 38CUII& AmdIlIIIder tI1lS agtMl'ilri we 1Inbf.. m I8IrnbID'Ie CBS Uect!sn1c81 ~ InI:. fOr ~1Itet
Incumd in 1119 ..l~ or HId .,., u. .,. gf~. In alldlllan ta InltfGl'8gl:llrlg m~ coIIecllon ~ lnCktlIlnQ biJt not 1Im1ed to
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CBS ME(;H.ANICAI.~.INC. PROVtDes ~IVE GENERALUABlUTY. WOR~ COMPENSA11OH,AUTOMOmLE
UA.8UTY AND EXCESS UABlLlT'fJNSUAANCECQl/ERAGre..A CER'nFlCAlE IS (\VAIlABLEOM REQUliST.
We propose to .hr8bf- ~ end JabOJ'. OOl1'Iplmln aowRIm w1lI'lll18 allOW speqlimIDllIlII. fortha BID l!f:
1'~~~~~unnd.SjJ.HltuIredEi2htYF.ur ~d 00I100~. DOlin ($
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF A COMPRESSOR FOR THE AIR CONDITIONING UNIT
AT CITY HALL EAST IN ACCORDANCE WITH PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING;
AND PROVIDING AN EFFECTIVE DATE (FILE 3483-EMERGENCY PURCHASE OF
COMPRESSOR FOR CITY HALL EAST AWARDED TO CBS MECHANICAL SERVICES,
INC. IN THE AMOUNT OF $29,684).
WHEREAS, State law and ordinance require that certain contracts requmng an
expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids,
except in the case of public calamity where it becomes necessary to act at once to appropriate
money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to
public property, machinery or equipment or where the procurement is necessary to preserve or
protect the public health or safety of the city's residents under Section 252 of the Local
Government Code; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary
to purchase goods or services due to the following emergency conditions outlined in the
memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that there is a public calamity that
makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of
the city, or to provide for unforeseen damage to public property, machinery or equipment, or to
preserve or protect the public health or safety of the city's residents and by reason thereof, the
following emergency purchases of materials, equipment, supplies or services, as described in the
"Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby
approved:
PURCHASE
ORDER NUMBER
VENDOR
AMOUNT
126843
CBS Mechanical Services, Inc.
$ 29,684
SECTION 2. Because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY ~6-
3-0RD-File 3483
AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
CM:
Utilities Administration
Howard Martin, 349-8232"
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to execute a Professional Services Agreement for Architectural or Engineering
Services by and between the City of Denton, Texas and Teague Nall and Perkins, Inc. for the
design of the Western Boulevard Project; providing for the expenditure of funds therefor; and
providing an effective date.
BACKGROUND
The Western Boulevard project was approved as part of the 2005 Blue Ribbon Bond election
package. This project is intended to provide access between US Highway 380 south to FM 1515
(Airport Road). It is also intended to provide access for the Denton Municipal Airport when
Masch Branch Road is closed as a result of runway extensions (proj ected to occur in 2008).
The PSA associated with this ordinance is intended to ultimately result in the construction of the
two most easterly lanes of what will eventually be a six lane divided roadway or primary arterial.
The full six lanes will be designed and shown in schematic form on the plans for the two-lane
roadway. It is deemed necessary to design the full section of the roadway up front to ensure that
grades work properly, to make sure that all necessary right-of-ways (ROW) and easements are
identified and acquired, and to ensure that the ultimate drainage system is designed properly to
avoid construction of two separate systems (one now and an independent system in the future).
Special services that are listed in the PSA include:
1. Aerial Topographic Survey with Field Supplemental Verification ($28,000.00) - Included
in lieu of traditional ground survey inasmuch as the costs are up to 35% less.
2. Geotechnical Investigations ($9,200.00).
3. Preliminary Environmental Documents ($4,100.00) - Intended to delineate the extent of
wetlands encountered and corresponding permitting needs.
4. Corps of Engineers 404 Nationwide 14 Permit ($19,000.00) - This item is intended to
cover expenditures associated with hiring an environmental sub consultant to perform
permitting through the Corps of Engineers.
In the event that it becomes necessary or desirable to split the proj ect into two phases (one
section between FM 1515 and Jim Christal Road and one section between Jim Christal Road and
US Hwy. 380) for staging purposes an additional service item for the preparation and bidding of
two separate sets of documents will have to be negotiated. In addition, if it is desired for the
consultant to proceed through full final design of the full roadway section so that these plans can
be "mothballed" in anticipation of future construction by either the City or developers along the
roadway alignment an additional service item will have to be negotiated at that time (the scope
currently only includes schematic detailing of the future roadway sections).
The proposed engineering fee of$381,825.00 includes $320,200.00 of Basic Services, $1,325.00
of Reimbursable Expenses and $60,300.00.00 of Special Services. The preliminary opinion of
probable construction cost for the two-lane section of this roadway is approximately $3.9 million
dollars. For a project of this size, the Consulting Engineering Council of Texas (CEC-T) 1982
Median Curves of Compensation list 6.5% of construction as the average fee level. The
American Society of Civil Engineers (ASCE) Manual of Practice No. 45 includes a graph which
projects the design fee at approximately 8% of construction based on a survey conducted in
2000. Basic Services for this PSA represent approximately 8.21% of the projected construction
costs which, considering that these services include the design of future roadway components as
well, are within acceptable ranges for this type of construction.
RECOMMENDA TION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and Teague Nall and Perkins, Inc. in the amount of $381,825.00 for Engineering Services
associated with the Western Boulevard project. It is understood that Special Services items will
only be executed if authorized in advance by the City of Denton and will only be paid for if
actually performed.
PRINCIPAL PLACE OF BUSINESS
Teague N all and Perkins
Denton, TX
ESTIMA TED SCHEDULE OF PROJECT
It is anticipated that the entire project will be ready for bidding approximately one year after
Notice to Proceed is issued to the consultant (early 2007), which should allow it to be completed
in advance of the construction on the Airport runway extension.
FISCAL INFORMATION
A total of $3,640,000.00 was included in FY2005-FY2006 of the General Government Five-
Year Capital Improvement Program for the Western Boulevard project. The City already has
approximately $780,000.00 in existing bond funds dedicated to this project for a total project
budget of $4,420,000.00. The $381,825.00 for this project represents approximately 8.6% of the
budgeted fees for this project.
EXHIBITS
1. Ordinance
2. Agreement
R~espec;tfUllY~SUbmitted'
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Jim Coulter, Director
W ater/W astewater Utilities
Prepared by
Frank G. Payne, P.E.
City Engineer
l-AIS-File 3340
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS,
INC. FOR THE DESIGN OF THE WESTERN BOULEVARD PROJECT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
engineering firm of Teague Nall and Perkins (TN&P), of Denton, Texas, to provide
professional engineering services related to the design of the Western Boulevard Project; and
WHEREAS, City staff has reported to the City Council that there is a substantial need
for the above-referenced professional engineering services, and that limited City staff cannot
adequately perform the specialized services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and
reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the Interim City Manager is hereby authorized by the City Council
to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement")
with Teague Nall and Perkins, Denton, Texas, for professional engineering services related to
the Western Boulevard proj ect, for a professional fee of not to exceed $381,825; in
substantially the form of the "Professional Services Agreement for Architect or Engineer" that
is attached hereto and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated
ability of TN&P to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
day of
,2006.
1
Exhibit 1
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
l/flllMfjiJ
By:
S:IOur DocumentslOrdinancesl06lTN&P Western Boulevard Project-Engrg Svcs-Ord 2006.doc
2
)>
,t'
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the _ day of
, 2005, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague NaIl and Perkins, with its
corporate office at 235 W. Hickory, Suite 100, Denton, Texas 76201 hereinafter called
"Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform. the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Professional Engineering and Surveying Services for Design of
Western .Blvd. from FM 1515 to US Hwy. 380
(includes Attachments A, B, and C)
Page 1
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 320,200
2.1.2 Progress payments for Basic Services shall be paid based upon the Design
Professionals estimate. of the percentage of the work effort that has been completed.
2.2 SPECIAL SERVICES
2.2.1 For Special Services the total compensation shall be $ 60,300
2.2.2 Progress payments for Basic. Services shall be paid based upon the Design
Professionals estimate of the percentage of the work effort that has been completed.
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services see Attachment C, Which includes the .
fee/rate schedule
2.3.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a
multiple of 1.10 times the amounts billed to the Design Professional for such
additional services.
2.4 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.10 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of $ 1.325 without the prior written approval ofthe Owner.
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereofby reference as if fully set forth herein:
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1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Attachrrtents A through -L.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
HOWARD MARTIN
ACTING CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Teague Nan and Perkins, Inc.
BY: .47~;/~
Gary L. Vickery, P.R
Principal
WITNESS:
BY:~\fvl Bu[W
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE I. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement")
and proposal (the "Proposal") to which these General Conditions are attached) perfonned by the Architect or Engineer
(hereinafter called the "Design Professional") or Design ProfessiOnal's employees and consultants as enumerated in Articles 2
and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perfonnall Services as an independent contractor to the prevailing professional standards
consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same
locality under similar conditions, including reasonable) infonned judgments and prompt timely actions (the "Degree of Care").
The Services shall be perfonned as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of
the Project. Upon request of the Owner, the Design Professional shall submit for the owner's approval a schedule for the
perfonnance of the Services which. may be adjusted as the Project proceeds, and shall include allowances for periods of time
required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design
Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of thOse described in Sections 2.2
through 2.6 of these. General Conditions and include without limitation nonna1 structural, civil, mechanical and electrical
engineering services and any other engineering services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
:1.2 SCHEMATIC DESIGN PHASE (Seefttii6it:~1{cI"i{urther.Definitlonand Clarification)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owner's needs and to establish the requirements for the Project.
2.2.2 The Design i Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and
construction budget requirements, each in tenns of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction ofthe Project:
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall
prepare, forll.pprovalby the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the
scale andrelationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current
area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period of time from the commencement to the completion of construction.
2..3 DESIGN DEVELOPMENT PHASEI'T~'
2..3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, sche.
du1e or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all
applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design
Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE (S~EXhiJ)itAi(or furthllrDefinitlonaod Clarification)
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project
or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction oCthe
Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
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2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement infom1ation,
bidding or procurement forms, the Conditions of the contract, and the fOm1 of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner orany adjustments to previous preliminary estimates of Construction Cost
indicated by changes in requirements or general market conditions.
2.4,4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required
for the approval of governmental authOrities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT (See Exhibit A for further Definition and Clarification)
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary
detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any
procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process.
Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole
discretion of the Owner.
2.5.2 If the construction contract amount for the Project eXceeds the total construction cost of the Project as set forth in the
approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to
reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total
construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE _ ADMINISTRATION OF THE CONSTRUCTION CONTRACT (See Exhibit A for
furthetDefinitiqllandClllrification)
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction and tenninates at the issuance to the owner of the final Certificate
for Payment, unless extended under the tenns of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For
design professionals the administration shall also be in accordance with AlA document A201, General Conditions of the Con-
tract for Construction, current as of the date of the Agreement, unless otherwise provided in the Agreement. For engineers the
administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central
Texas Council of Govemments, current as of the date ofthe Agreement, unless otherwise provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted,
modified or extended without written agreement of the owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shaJl advise and consult with the Owner (I) during construction,
and (2) at the Owner's direction from time to time during the COl'l'ection, or wammty period described in the Contract for Con-
struction. The Design Professiimal shall have authority to act on behalf of the Owner only to the extent provided in the
Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether construction is
in progress, to become familiar with the progress and quality of the work completed and to detennine jf the work is being
perfonned in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design
Professional shall provide. Owner a written report subsequent to each on-site visit. On the basis of on-site observations the
Design professional shall keep the Owner infonned of the progress and quality of the work, and shall exercise the Degree of Care
and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in perfOm1ing all Services under the
Agreement. The Design Professional shall promptly correct any defective designs or specifications fumished by the Design
Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design
Professional's Services hereunder or of the Project itself shall in no way a.lter the Design Professional's obligations or the Owner's
rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means,
methods, teChniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design
Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in a.ccordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The
Design Professional shall not have control over or charge of a.cts or omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons perfonningportions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the
Design Professional's consultants shall be through the Design Professional.
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2.6.9 Based on the Design Professional's observations at the site of the work and evaluations Of the Contractor's Applications for
Payment, the Design Professional shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design
Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application
for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable
prior to completion <Ind. to specific qU<llifications expressed by the Design Professional. The issuance of a Certificate for
Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certitied. However, the
issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction
means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract
Documents. Whenever the Design Profession<ll considers it necessary or advisable for implementation of the intent of the
Contract Documents, the Design Professional will have <luthority to require addition<ll inspection or testing of the work in
accordance with the provisions of the Contract Documents, whether or not such Work.is fabricated, installed or completed.
However, neither this a.uthority of the Design Professiona.1 nor a decision made in good faith either to exercise or not exercise
such authority shall give rise toa duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons performing portions of the work.
2.6.12 The Design Pf()fessional shall review and apPf()ve or take other appropriate action upon Contractor's submittals such as
Shop Drawings, Product Data and Samples for the purpose of (I) determining compliance with applicable laws, statutes,
ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the
requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay
in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design
Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions
for installation or perfortnance of equipment or systems designed by the Contractor, all of which remain the responsibility of the
ContractQr to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of
safety precautions or. unless .otherwise specifically stated by the Design Professional, of construction means, methods,
techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certifi<;ation of performance characteristics of materials, systems
or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6;13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1. and 3.3.3, for ttle
Owner's approval <lnd execution in accordance with the Contract Documents, and may authorize minor changes in the work not.
involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of
the Contract Documents.
2.6.14 Onbeh<llf of the Owner, the Design Profession<ll shall conduct inspections to determine the d<ltes of Substantial
Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion.
The De:lign. Professional will receive and review written guarantees and related documents required by the Contract for
Construction to be assembled by the Contractor and shall issue a fin<ll certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret <lnd provide recommendations on matters concerning perfonnance of the Owner
and ContractQr under the requirements of the Contract Documents on written request of either the Owner or Contractor. The
Design Profession<ll'sresponse to such requests shall be made with rea5On<lble promptness and within any time limits agreed
upon.
2.6.16 Interpretations <lnd decisions of the Design Profession<ll sh<lll be consistent with the intent of <lnd re<lson<lb1y inferable
from the Contract Documents and shall be in writing or in the fonn of drawings. When making such interpretations and initial
decisions, the Design Professional shall endeavor tQ secure faithful perfonnance by both Owner and Contractor, and shall not be
liable for results or interpretations or decisions so rendered in good faith in accord<lnce with <Ill the provisions of this Agreement
<lnd in the absence of negligence.
2.6.17 The Design Profession<ll shall render written decisions within a reasonable time. on all claims, disputes or other matters in
question between the Owner and Contractor relating t(l the execution or progress of the work as provided in the Contract
Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will
reimburse the Owner for all damages caused by the defective designs the Design Professional prep<lres; and (3) by
acknowledging p<lyment by the Owner of <lny fees due, shall not be released from <lny rights the Owner may have under the
Agreement or diminish any of the Design Professional's obligations thereunder.
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2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reprodudble prints showing all
significant changes to the Construction Documents during the Construction Phase. The reproducible prints will be based on
information provided to the Design Professional by others.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Setvices unless so identified in the Agreement or
Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic
Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the
Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the
Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such
Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those setvices.
Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are .not
required due to the negligence or fault of Design Professional.
3.2 PROJECf REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extenSive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall
provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional
shall be compensated therefore as agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when s!.lch revisions are:
I. inconsistent with approvals or instructi011s previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents, or
3. due to changes required as a result of the Ownet'sfailure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not .limited to, size, quality,
complexity, or the Owner's schedule, except for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec-
tion with Change Orders and Construction Change Directives.
3.3.4 Providing consultation conceming replacement of work damaged by fire or other cause during construction, and furnishing
services required in connection with the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the
Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with
the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design
Professional is party thereto.
3.3.8 Providing setvices in addition to those required by Article 2 for preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents
Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design
Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection
3.3.9.
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3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special survey.;, environ111el1tal studies and submissions required for approvals of governmental authorities or
others having jurisdiction over the Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions 9r facilities or to make measured drawings thereof.
3.4,6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of conStnlction performed by separate contractors or by the Owner's own forces and coordination
of services required in connection with construction perfonned and equip111el1t supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inv('mtories of material, equipment and labor.
3.4.9 Providing analyses of operating llnd maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in conneCtion with the selection, procurement or installation
offumiture, furnishings and related equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the finid Certificate for Payment
and expiration of the Warranty period of the Contract for ConstrUction.
3.4.15 Providing services of consultants for other than architectural, civil, stnlctural, mechanical and electrical engineeringpor-
tions of the Project provided as apart of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreetnent or not customarily fumishedin accordance with
g('merally aceepted architectural practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant
changes in the work made during constrUction based on marked-up prints, drawings and other data furnished by the Contractor to
the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreetnent, Pr9posal or these General Conditions to the contrary, all
services described in this Article 3 that are caused or necessiUited in whole or in part due to the negligent act or omission of the
Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agree111el1t with no
additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the ()esign Professional's obligations under this Subsection
3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's
objectives, (2) schedule and design. constraints and criteria, including space requirements and relationships, flexibility,
expendability, special equip111el1t, systems and site require111el1ts, as more specifically described in Subsection 2.2.1.
4.2 The Owner shall esUiblish and update an overall budget for the Project, including the Construction Cost, the Owner's other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrange111el1ts have been made to
fulfill the Owner's obligations under this Agree111el1t.
4.4 The Owner shall designate a represenUitive authori:w:l to act on the Owner's behalf with respect to the Project. The Owner
or such authori:w:l represenUitive shall render decisions in a timely manner pertaining to docu111el1ts submitted by the Design
Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legallimiUitions and utility locations
for the site of the ProjeCt, and a written legal description of the site. The surveys and legal information shall include, as ap-
plicable, grades and lines of streets, alleys, pavements and adjoining property and stnlctures; adjacent drainage; rights-of-way,
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restrictions,easements, encroachments, zoning, deed restrictions, boundaries and contours ofthe site; locations, dimensions and
necessary data pertaining to existing buildings, other improvements and trees; and information conceming available utility
services and lines, both public and private, above and below grade, including inverts and depths. All the information on the
survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the
Design Professional. Such services may include but are not limited to test borings, test pits, detenninations of soil bearing
values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.l The Owner shall fumish the services of other consultants when such services are reasonably required by the scope of the
Project .and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services
or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the
Contract Documents.
4.8 The Owner shall furnish alllegal,accounting and insurance counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to verifY the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the
Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence
of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect
in the Project or nonconformance with the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or
Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to
execution. The Owner a~ not to request certifications that would require knowledge or services beyond the scope of the
Agreement.
ARTICLE 5 CONSTRuctION COST
5.1 CONSTRuctiON COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or .
specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the
Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at
the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the
costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates ofConstruc-
tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials or equipment, over the Contractor's methods of detennining bid prices, or over competitive bidding or
market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals
will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If
such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction
Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the
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general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner
and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of
the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement.
The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to
this Project., and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes
than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that
project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with
the Project is not to be construed as publication in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 TheOesign Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail
substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may
terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design
Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's
receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it
satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field
surveys, and other data related to the Project shall become property of the OWner .upon termination of the Agreement and shall be
promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design
Professional for continuation of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated
for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's
compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption .of the Design
Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in
the event that the Project is permanently abandoned. If the Project is abandoned by the OWner for more than go consecutive
days, the Design Professional or the Owner may terminate the Agreement by giving written notice.
7.4 Failure oftheOWner to make payments to the Design Professional for work satisfactorily completed in accordance with the
Agreement shall be considered substantial nonperformance and cause for termination. '
1.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services
properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend
performance of services under the Agreement.
7.6 In the event of termination not the fault of the DesignProfessionll.1, the Design Professional shall be compensated for
services properly and satisfactorily performed prior to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 DirectPersonne1 Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred
by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identifted in the
following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel;
long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referem:ed in Subsection 2.6.19), postage
and handling of Drawings, Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
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8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection With the Project
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments forl3asic Services shall be made monthly and, where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the
Design Professional, compensation for any services rendered during the additional period of time shall be computed in the
manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions ofthe Project are delet~d or otherwise
not constructed, compensation for those portions of the Project shall be payable to the extent services are perfonned on those
portions, in accordance with the schedule set forth in Section 2 ofthe Agreement based on (1) the lowest bona fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSiONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or
Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services perfonned on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business
hours fOf three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final,
whichever date is later.
ARTICLE 9 INDEMNITY
.
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees.
from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court
costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, Shareholders, agents, Of employees in the execution, operation, orperfonnance of the Agreement.
9.2 Nothing herein shall be .construed to create a liability to any person who is not a party to the AgreelTIent, and nothing
herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by
anyone not a party to the Agreement, including the defense of govemmenta1 immunity, which defenses are hereby
expressly reserved.
ARTICLE 10 INSURANCE
During the perfonnance of the Services under the Agreement, Design Professional shall maintain the following insurance
with an insurance company licensed to do business in the State of Texas by the State Insurance CommiSsion or any
successor agency that has a rating with Best Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less than $1,000,000 in the aggregate, and with property damage limits of not less than S\OO,Ooo for each
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
$500,000 for each accident, and with property damage limits of not less than $100,000 for each accident
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance
in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile
Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain
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a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be
canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the
Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute
certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be govemed by the laws of the State of Texas. Venue of any suit or cause of action under the
Agreement shall lie exclusively in Denton County, Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal represen-
tatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party
with respect to all covenants of this Agreement. The Design Professional shall not aSsign its interests in the Agreement without
the written consent ofthe Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other
attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the
Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The
Agreement may be amended only by written instrument signed by both Owner and Design PrOfessional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the
Agreement shall to the extent that is rell$onab1y possible be read so as to harmonize the provisions. However, should the
provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given
priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
I 1.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party
against either the Owner or Design Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of
the design of the Project, including photographs of the exterior and interior, among the Design PrOfessional's promotional and
professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information
if the owner has previously advised the Design PrOfessional in writing of the specific infonnation considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit for the Design PrOfessional on the construction sign and
in the promotional materials for the Project.
11.6 Approval. by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design
Professional, its employees, associates, agents, subcontractors, and subconsu1tants for the accuracy and COmpetency of
their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for
any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and
consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or
mailed to the respective parties by depositing Same in the United States mail to the address shown below signature block on
the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed
effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or
unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to
be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hereinafter be amended.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on
the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
1 1.1 I The captions of the Agreement are for informational purposes only, and shall not in any way atTect the substantive
terms or conditions of the Agreement.
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ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
BASIC SERVICES
PROJECT DESCRIPTION
This project generally consists of preparation of construction plans and bid documents for
construction.of Western Boulevard from Airport Road (FM 1515) to US Hwy. 380.
The scope of Basic ServiCes generally consists of the preparation of detailed plans and
specifications for the roadway and associated drainage, and utility adjustments as needed to
clear proposed drainage facilitie$. Special Services such as a route study update, aerial design
survey, environmental documents, and geotechnical investigations will also be provided, as
described in Attachment'B'.
GENERAL
A. Basis for Scope of Services
The followingassul11ptions were used by the ENGINEER for the preparation of the scope of
Basic Servi.ces for this project:
1. The project will be designed in accordance with the Route Study prepared by
TNP for the City of Denton in 2003. This will include relocation of a portion of
Cindy Lane north of US Hwy. 380. A right turn lane on Airport Road wulbe
included in the design to allow westbound traffic to turn north on Western Blvd.
No left turn lane for eastbound traffic is included in the scope of the agreement.
2. This agreement is based on the design ofthe full, future six-lane r{)adway,even
though initial construction will be limited to the two easterly lanes, The
construction plans will show the future lanes in an abbreviated form, as w.ell as
the actual proposed initial construction. It is necessary to design the entire
roadway to ensure that grades work properly, that necessary right-of-way and
easements are identified, and to ensure that the storm drainage system is
properly designed without requiring construction of two separate storm drain
systems.
3. The proposed roadway will parallel the Dry Fork of Hickory Creek and Tributary
DF-2. However, no construction will take place within the floodplain of these
creeks. The roadway will cross a branch of the tributary DF,.2. Because the
watershed above this crossing is significantly below one square mil.e, and the
branch has not been previously studied in detail by FEMA, no LOMR is expected
to be necessary.
4. Minimal environmental impacts are expected to the branch of Tributary DF-2.
Due to the wide flat area that comprises the branch, a bridge is likely to be more
cost effective than a culvert. We have included a Wetlands Screen in the scope
of this agreement. The Wetlands Screen involves preliminary research, along
Attachment A - Page 1
with a site visit to determine if a wetlands area is actually present and to identify
what, if any, Corps 404 permits are required. We anticipate that there will be two
crossings that will be considered Jurisdictional, and therefore have assumed that
Section 404 permitting for the project will be consist of two Nationwide 14 permits
(or one permit for two crossings). For purposes of this proposal, it is assumed
that the impacts to the streams cannot be limited to less than one-tenth of an
acre, which will result in the need for a Preconstruction Notification to the Corps
of Engineers. The PCN will include a wetlands delineation, mitigation plan, and
other documents required by the Corps of Engineers for a Nationwide permit
submittal.
5. No Environmental Assessment (EA) is included in the scope of this agreement.
6. We do not anticipate the need for a noise survey, and accordingly, none is
included in the scope of this agreement.
7. Because the roadway will be constructed .in a new right-of-way, plans will be
submitted to the State Antiquities Commission for review. However, a detailed
archeological assessment is not included in the scope of this agreement. If such
an assessment is necessary, the cost of the assessment and the impact of the
assessment on the project will require a renegotiation of the fee. Coordination
with the State Historic Preservation Officer will be conducted.
8. In order to avoid multiple permits for a single crossing, it is assumed that all
culverts crossing Western Blvd. will be designed and constructed in the initial.
phase, completely crossing the right-of-way. The bridge will be built as two
separate bridges, one for the three northbound lanes and one for the three
southbound lanes. The bridge for the three northbound lanes will be built in its
entirety in the initial construction phase. The bridge for the southbound lanes will
be part ofthe West phase construction plans included as a Special Service.
9. The project will be designed and constructed in accordance with the City of
Denton Standard Specifications, the Drainage Design Criteria Manual, February
2002 and the Transportation Design Criteria Manual, February 2002. This
agreement is based on design in accordance with City of Denton standards, and
review by City of Denton staff only. In the event that outside funding, or other
considerations, requires design in accordance with other standards, or review by
other entities, the fee will be renegotiated accordingly.
10. It is understood that improvements to Hwy. 380 are being contemplated by
TxDOT. This agreement is based on Hwy. 380 as it is at the date of this
agreement. If Hwy. 380 is widened or otherwise significantly changed after the
date of this agreement,. the design fee will be renegotiated accordingly. The
design intent at this time is that no significant improvements at the Hwy. 380
intersection are a part of this agreement. No additional lanes or signals or
overlays are included. Some restriping will be required to accommodate the new
intersection.
11. Right-of-way acquisition and right-of-way documents are not a part of the scope
of this agreement. It is our understanding that the ROW will be dedicated to the
Attachment A - Page 2
City by the property owner(s), and that the necessary right-'of-way documents will
be prepared by others.
12. No traffic signal design is included in the scope of this agreement, although
pullboxes and conduit for future signals will be installed.
13. No construction staking is included in the scope of this agreement.
14. No utility relocation is anticipated, and accordingly none is included in the scope
of the agreement.
B. Design Meetings
1. The ENGINEER will conduct a project kickoff meeting with City staff to clarify
responsibilities, to specify phasing and other issues not yet finalized, and to
review the project schedule, which the ENGINEER will provide at the meeting. In
addition, a site visit will be conducted, either as part of the kickoff meeting or at a
later time, to be designated at the kickoff meeting.
2. The ENGINEER will meet regularly as needed with the City of Denton staff
during the development of the preliminary and final design phases of the project.
C. Prqject Management, Administration and Coordination
1. The ENGINEER will establish a work program and schedule for each
subconsultant, as necessary, atthe beginning of each phase of the project. The
ENGINEER will be responsible for the coordination, supervision, review~md
incorporation of work performed by subconsultants.
D. Data Collection
1. The ENGINEER will collect, compile, and evaluate existing data collected from
the City of Denton or other entities that provide existing information related to the
design of the project.
2. A location map/schematic plan will be provided to the affected utility companies
by the ENGINEER. These schematics will be used by the utility companies to
show approximate locations of their facilities that are or may be affected by the
project.
3. The ENGINEER will make every effort to obtain as-built, record, and/or future
plans for the following facilities in the project area including:
a. Culverts
b. Roadway
c. Water lines
d. Sanitary Sewer Lines
e. Storm Drain lines
f. Telephone and Cable TV Underground and/or Overhead Lines
g. Electric Underground and/or Overhead Lines
h. Gas lines
Atta~hment A - Page 3
i. Other Utilities Known to Serve the Project Area
4. The ENGINEER will compile the preliminary information obtained above for later
use in the field to help surveyors tie existing utility locations. The locations of
utilities tied from field surveys will be shown on the paving and drainage plans, as
appropriate.
5. The ENGINEER will identify potential utility conflicts and provide this information
to utility companies.
B. Determination of Scope of Design and Construction
1. An Opinion of Probable Construction Cost for the project, with multiple alternates,
was included in the original route study prepared for the CITY by the ENGINEER
under separate contract. The scope of the design effort and associated fees is
based on that route study. It is anticipated that the alternate to be designed will
be specified at the project kickoff meeting. In the event that there are changes to
the scope of the design or construction after the kickoff meeting, a contract
amendment may be necessary to address the changes in the scope of the work.
DESIGN PHASE
A. Roadway and Storm Drainage Design
1. The ENGINEER will develop plans for the proposed roadway and drainage
improvements. These plan sheets will be at a 1"=40' scale and contain
topographic information, existing and proposed right-of-way lines, existing
underground utilities at locations of conflict, locations of driveways, pavement
edges, culvert layouts and sections, contours where necessary, limits of
structures, limits of retaining walls, if any, drainage structures including pipes,
limits of barriers and any other information necessary for pavement construction.
Profiles at 1'=40' horizontal scale and 1 "= 4' vertical scale will contain existing
ground lines at the proposed profile grade line, limits of structures and profile
elevations at 1 00 foot intervals.
2. The ENGINEER will prepare cross-sections along the roadway at 100-foot
intervals, which will extend to the proposed right-of-way limits. These cross-
sections will form the basis for the determination of earthwork quantities. Cut
and fill quantities will be computed and tabulated, referencing cross-sections.
Cross-sections will be included in the preliminary and final plans.
B. Other Roadway Design Elements
1. A project title sheet will be prepared as required and included in the plans.
2. Project Layout sheets will be prepared at a uniform scale which clearly indicate
the limits of the entire project and the main construction elements of the project.
3. Roadway typical sections will be prepared for paving sections along the various
portions of the project.
Attachment A - Page 4
4. Roadway horizontal and vertical control and horizontal curve data will be shown
on the plans.
5. Supplementary intersection layout information will be prepared to properly show
the relationship between the profiles of intersecting streets, where deemed
necessary by the ENGINEER.
6. Details will be developed as necessary, including paving, drainage, culvert, utility,
and miscellaneous details to describe the various types of construction for which
the CITY has no pertinent standard details<available.
7. An Erosion Control Plan will be prepared for the project, but a Stormwater
Pollution Prevention Plan (SWPPP) will not. Standard City of Denton and
NCTCOG. details for erosion control will be used as appropriate.
8. Pull boxes and electrical conduit will be shown for future signalization at Airport
Road, Jim Christal and US Hwy 380.
C. Drainage Plans and Details
1. Drainage area maps will be prepared at a scale of 1"=200', using available City of
Denton contour maps. Off-site drainage areas will be depicted at a scale of
1":;:400' minimum scale. Cross-culverts and storm drain.systems.will be located
and sub-drainage areas determined. The runoff to each culvert and storm drain
system will be calculated in accordance with the City of Denton Drainage Design
Criteria Manual, current edition.
2. Plan/profile sheets will be provided for new culvert and storm drain construction.
The plans will show culverts, storm drain, inlets, and necessary grading at
outfalls. Some temporary drainage features, such as ditches and temporary
inlets, are anticipated to accommodate the initial construction of the two easterly
lanes.
3. Geometric information necessary to prepare drainage easements will be
provided to the CITY for preparati.on by others.
4. Miscellaneous drainage details will be prepar.ed for any drainage related items,
which are not covered by the CITY's standard details.
D. Signing and Pavement Markings
1. The ENGINEER will develop signing and pavement marking layout sheets for the
project at an appropriate scale. These layouts will include baselines, pavement
edges, right-of-way lines, pictorially depicted signs with their locations, pavement
markings and buttons with dimensioning, culverts and other structures which may
present a hazard to traffic, and proposed delineators and object markers.
E. Traffic Control Plans
Attachment A - Page 5
1. The ENGINEER shall prepare a traffic control plan to adequately represent the
phasing of the various elements of the construction and to provide for minimal
interruption to vehicular traffic during the entire construction process.
F. Preliminary Quantities and Opinion of Probable Cost
1. project quantities and an Opinion of Probable Construction Cost will be a part of
each submittal, as outlined below.
2. The ENGINEER's opinion of probable construction costs will be prepared for the
entire project using current unit cost data. These opinions of cost will be
provided on the basis of ENGINEER's experience and professional judgment, but
will not imply any warranty that final bids might not vary from the cost opinions
provided, since neither the ENGINEER nor the CITY have any control over
market conditions or bidding procedures.
G. Submittals
1. Schematic Plans
Schematic plans will show proposed typical sections, horizontal alignment, turn
lane configuration, roadway profiles, and drainage area information, preliminary
storm drain layout and sizing, preliminary culvert and bridge plans. Up to. three
(3) sets of preliminary plans will be submitted for CITY review, along with an
Opinion of Probable Construction Cost. The schematic plans will cover the entire
primary arterial from.Airport Road to and including Cindy Lane.
2. Preliminary Plans
Preliminary plans will include essentially complete paving plan and profile sheets
for the initial two-lane construction, along with drainage area maps, storm drain
plan and profiles., bridge and culvert plans, preliminary traffic control plans,
preliminary striping and signing plans, and preliminary bid documents, in addition
to revisions and modifications based on CITY review of conceptual plans. The
drainage area maps and storm drain plans will be based on the full primary
arterial, so that the storm drain system is properly designed. Up to three (3) sets
of preliminary plans will be submitted for CITY review, along with an updated
Opinion of Probable Construction Cost. Upon CITY approval of preliminary
plans, copies will be delivered to utility companies as plans adequate for utility
relocation design.
3. Final Plans
Final plans will include the complete plan set, along with bid documents and
specifications and a final updated Opinion of Probable Construction Cost, for the
initial two~lane construction. Up to three (3) sets of final plans will be submitted
for CITY review. Exhibits and materials necessary for submittal to TxDOT for a
permit at US Hwy 380 and at FM 1515 (Airport Road) will be submitted with the
final plans.
Attachment A - Page 6
4. Final Bid' Documents
Final documents will be based on CITY review comments of the initial final plan
submittal. Deliverables will include a full-size signed and sealed mylar plan set
ready for bid distribution, along with a final Opinion of Probable Construction
Cost, and complete bid documents and specifications.
BIDDING & CONTRACT AWARD PHASE
1. ENGINEER will assist the CITY in the advertisement of the project for bid. The
CITY shall bear the cost of advertisement. The CITY shall provide all necessary
printing of construction plans, specifications. and contract documents for use in
obtaining bids, awarding contracts, and constructing the project. The
ENGINEER will provide original reproducible plans and bid documents for
reproduction, including full-size mylars of construction plans. The CITY shall be
responsible for dispersing all plans and specifications from its purchasing
department to prospective bidders.
2. ENGINEER will provide technical support to the CITY during the Bidding &
Contract Award phase by responding to bidder and CITY questions, reviewing
the bids, preparing a bid tabulation, and making a recommendation of award to
the CITY. ENGINEER will prepare necessary addenda during the bidding phase
for distribution by the City of Denton Purchasing Department.
3. The ENGINEER will be present at a Pre~Bid meeting, will attend the Bid
Opening, and will prepare a bid tabulation of the bids received, and will prepare a
recommendation of award to the CITY. . . .
CONSTRUCTION PHASE
A. Construction Observation and Contract Administration
The ENGINEER will provide limited construction observation and contract administration
for the project within the scope of Basic Services as outlined below. Detailed daily
construction inspection will be performed by the CITY. Any construction phase services
requested by the CITY beyond those described below will be provided as Additional
Services.
1. Attend pre-construction conference.
2. Visit the site on an irregular basis as directed by the CITY, up to six visits.
3. Consult and advise the CITY; and prepare routine change orders as required.
4. Prepare and submit record drawings (electronic and mylar) based on information
provided by the Contractor and the City inspector.
SUMMARY OF BASIC SERVICES
Attachment A - Page 7
SCHEMATIC PLANS
Schematic plans will depict the completed primary arterial from Airport Road to
Hwy. 380, will include the Cindy Lane relocation.
PRELIMINARY PLANS
Preliminary plans will depict the entire primary arterial, but with limited detail for
all but the easterly two lanes. Drainage for the entire project will be included.
FINAL PLANS
Final plans will consist of construction plans and bid documents for only the
easterly two lanes making up the initial construction phase.
FINAL BID DOCUMENTS
Final bid documents will address previous review comments and will consist of
construction plans and bid documents for only the easterly two lanes making up
the initial.construction phase.
BIDDING & CONTRACT AWARD PHASE
Bid assistance including a Pre-Bid meeting, Bid Opening, and preparation of a
bid tabulation.
CONSTRUCTION PHASE
Will include attendance of the Preconstruction meeting, limited field
representation (at the direction of the CITY). and preparation of record drawings.
Attachment A - Page 8
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
Special Services that may be provided by the ENGINEER for this Project include: Design
Surveys, Aerial Topography, Geotechnical Investigations, Preliminary Environmental
Documents, and preparation and submittal of Corps of Engineers 404 Permit documents. The
scope of work for these Special Services is more specifically described as follows:
AERIAL TOPOGRAPHIC SURVEY
(Note: Aerial surveys will be performed by a sub-consultant (Metropolitan Aerial
Surveyst Inc.) under contract with the ENGINEER. The ENGINEER shall coordinate
with the sub-consultant, will provide control surveys, and will review all aerial
mapping.
1. Aerial topographic mapping will be based on new flights of the subject area. The
area to be flown will .include the proposed route as well as the contemplated
alternate route further east of the proposed route. Topographic mapping will
cover only the selected route, to a width of approximately 500' with a l' contour
interval.. The resultant mapping will be generally accurate to within +/- 0.5'.
2. Supplemental ground surveys will be performed to tie critical features such as
pavement edges and existing utilities. In addition, a profile of the proposed route
will be shot on the ground to verify the accuracy of the aerial topography.
3. Easement and/or right-of-way preparation and fi.eld surveying for easements on
private property are not included in this scope. The survey will depict existing
features within the project limits.. including pavement, fences, utilities, buildings,
property corners and other features that will affect design and constrLldi~n.
Sufficient data will be obtained to prepare cross sections of the proposed project.
Surveys will show all visible existing improvements and features within the
proposed right-of-way limits throughout the project.
4. Tie the horizontal and vertical location of known underground utilities based upon
available information and "field locates" or markings provided by the utility
companies. ENGINEER will rely solely on the cooperation of the various utility
companies and any information they or the CITY make available.
3. Horizontal control monumentation and vertical benchmarks will be established,
as necessary.
4. A specific tree survey is not a part of the scope of this agreement. Significant
trees that will impact construction will be shown, but mesquite trees, for example,
will not be surveyed or shown on the plans.
GEOTECHNICAL INVESTIGATIONS
(Note: Geotechnical Investigations will be performed by a sub-COnsultant (CMJ
Engineering, Inc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the geotechnical consultant and review test reports and
recommendations.
Attachment A - Page 9
t. Twelve (12) borings will be taken at regular intervals along the length of the
project, generally to a depth of 8' to 10'. Four (4) borings will be taken near the
proposed bridge at Jim Christal Road and the large culvert, to a depth of up to
20' or into solid rock.
2. Laboratory analysis will include moisture analysis, soil identification, Atterberg
limits determinations, unit weight determinations, unconfined compression tests
and lime series tests.
3. Boring . logs will be provided on all borings, and a report summarizing the findings
of the analysis will be prepared.
4. Recommendations will be made for placement of fill material along with
guidelines for pavement design.
PRELIMINARY ENVIRONMENTAL DOCUMENTS
(Note: Preliminary Environmental Documents will be performed by a sub-consultant
(KBA EnviroScience,lnc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the environmental consultant and will review reports and
recommendations.
1. A Wetlands Screen will be conducted to determine the extent, if any, of existing
wetlands or jurisdictional waters as defined by the Clean Water Act and
implemented by the Corps of Engineers as a Section 404 permit. The extent of
necessary permitting will be outlined in a brief report.
CORPS OF ENGINEERS 404 NATIONWIDE 14 PERMIT
(Note: Preliminary En vironmen tsl Documents will be performed by a sub-consllltant
(KBA EnviroScience, Inc.) under contract with the ENGINEER. The ENGINEER shall
coordinate with the environmental consultant and will review rep.orts and
recommendations.
1. Based on our assumptions outlined in the Basis for Scope of Services, we
anticipate two crossings of jurisdictional waters will be necessary. Data will be
compiled both before and after design and construction for submittal to the Corps
of Engineers for a Nationwide 14 permit(s) for these two crossings.
2. A Wetlands Delineation Report will be prepared based on field observations.
3. A Preconstruction Notification (PCN) will . be prepared and submitted to the
Corps. The PCN will include a Mitigation Plan, threatened and endangered
species evaluation, and other documents required by the Corps.
4. An environmental scientist will meet with the Corps if necessary to facilitate
permit approval.
Attachment A - Page 10
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, correspondence, materials and mapping relative to the project.
2. Electronic topography from the City of Denton GIS for use in preparation of off-site drainage
area maps.
3. Assistance in obtaining data from third party sources which is available to the CITY at no
cost to the ENGINEER.
4. Current City of Denton Standard Details, Specifications and/or Contract Document data,
such as required prevailing wage rates.
PROJECT SCHEDULE
Aerial Survey
Complete within 6 weeks of written Notice to Proceed from the City unless weather
conditions affect flight schedules.
Schematic DeSign
Complete within 18 weeks of written Notice. to Proceed from the City.
Preliminary Design
Complete within 14 weeks of CITY approval of Schematic Plans.
Final. Plans
Final plans and specifications, at 95% complete, will be submitted within 8 weeks of
CITY approval of Preliminary Plans
Bid Documents
Complete plans and bid documents will be submitted within 4 weeks of receipt of review
comments from the City staff
Construction Phase
Will proceed with construction
This schedule assumes an orderly progression of the ENGINEER's services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
Attachment A - Page 11
ATTACHMENT '8'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in ATTACHMENT A,
Itemized Scope of Services, the ENGINEER will be reimbursed as described below:
1. Labor
The fdllowing fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Basic Services identified in EXHIBIT A:
DESIGN PHASE
BIDDING & CONTRACT AWARD PHASE
CONSTRUCTION PHASE
$ 310,000
$ 3,100
$ 7,100
Subtotal (Labor)
$ 320,200
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mile,age,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his,direct
invoice expense plus 10% with a not-to-exceed amount of:
$ 1,325
3. Total Fee for Basic Services
TOTAL (BASIC SERVICES)
$ 321,525
Attachment 8- Page 1
B. SPECIAL SERVICES:
Work performed by the ENGINEER outside the scope of Basic Services identified in
ATTACHMENT A, Itemized Scope of Services, shall be considered Special Services, as
identified in ATTACHMENT A, Special Services to be Provided bv EnQineer. The
ENGINEER will be reimbursed for Special Services as described below:
1 . Labor
The following fixed fees shall be paid to the ENGINEER for labor involved in the
various items of work within the scope of Special Services identified in
ATTACHMENT A:
Aerial Topo wi Field Supplement (Alternate)
Geotechnical Investigations
Preliminary Environmental Documents
Corps of Engineers 404 PCN and Permit (2)
Total Special Services
$ 28,000
$ 9,200
$ 4,100
$ 19,000
$ 60,300
Progress payments for these Special Services shaH be paid to the Engineer by the City
on a monthly basis based on the estimated percentage (%) of the total work effort
completed during that month less any payments for previously invoiced services.
C. ADDITIONA.l SERVICES:
Work performed by the ENGINEER outside that scope identified in EXHIBIT A, Scope
of Basic Services, shall be considered Additional Services. No Additional Services are
anticipated for this project. The ENGINEER will be reimbursed for Additional Services,
should they be requested, as described below:
1 . Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and CITY; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly basis in
accordance with EXHIBIT C, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
delivery/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense PLUS 10%.
Attachment B- Page 2
.<
ATTACHMENT C
TEAGUE NALL AND PERKINS,INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2006 to December 31, 2006*
Engineering I Technical
Principal
Project Manager
IT Consultant
Senior Engineer
Engineer
Landscape Architect! Planner
Designer
Senior Designer
CAD Technician
Senior CAD Technician
IT Technician
Clerical
Resident · Project Representative
Surveying
Survey Office Manager
R.P .L.S.
Senior Survey T eohnioian
Junior Survey Technioian
2-Person Field Crew w/Equipment
3-Person Field Crew w/EquJpment
4-Person Field Crew w/Equipment
1-PersonG.P.S.Crew w/Equipment
2-Person G.P.S. Crew w/Equipment
3-Person G.P .S. Crew w/Equipment
1-Person Robotic Crew w/Equipment
2-Person Robotio Crew w/Equipment
Direct Cost Reimbursables
Photocopies
From
$145
$110
$120
$80
$70
$80
$80
$110
$50
$70
$70
$45
$70
To
$220
$150
$140
$150
$120
$130
$95
$130
$75
$90
$80
$65
$90
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
letter and legal size bond paper, B&W
11" x 17" size bond paper, B&W
22" x 34" and larger bond paper or vellum, B&W
11" x 17" size bond paper, B&W
11" x 17" size bond paper, color
22"x34" and larger bond paper or vellum, B&W
22"x34" and larger bond paper or vellum, color
22"x34" and larger mylar or acetate., B&W
$0. 1 O/page
$0.20/page
$2.00/page
$1.00/page
$2.00/page
$4.00/page
$6.00/page
$6.00/page
Mileage $0.445/mile
All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
* Rates shown are for calendar year 2006 and are subject to change in subsequent years.
$145
$100
$70
$55
$100
$110
$135
$110
$130
$150
$90
$110
$155
$130
$85
$70
Plots
AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
DEPARTMENT:
CM:
Streets
Howard Martin, 349-8232 ..
SUBJECT
Consider adoption an Ordinance approving a Right-Of-Way Use and License Agreement
between the City of Denton and Wells Fargo Bank, N.A. that will allow and accommodate the
installation of Electric Facilities between Wells Fargo Bank, N.A. property tracts situated
adjacent to the right-of-way of Walnut Street and Austin Street; and declaring an effective date.
BACKGROUND
Wells Fargo Bank representatives are requesting authorization to install private electric facilities
within public street right-of-way. They are currently in the process of securing approvals for
their undertaking of demolishing their debilitated parking structure located on the south side of
Walnut Street, opposite their main office building which is situated at the southeast corner of The
Square. It is necessary that Wells Fargo relocate, from the confines of the debilitated parking
structure, their existing electric service and their auxiliary power generator, both serving the
office tower.
It is planned that they will relocate their auxiliary power generator to a spot within their property
tract on the east side of Austin Street, near the pad-mounted electric transformer and the pad-
mounted electric switch currently serving their main building via the parking structure route.
Their electric conduits shall need to be rearranged within the right-of-way of Walnut Street and
Austin Street to accommodate this solution.
The Denton Municipal Electric policy of Electric Service Standards require that the customer
operate and maintain those electric facilities situated between DME equipment and the structure
being served, therefore the rearranged electric facilities will be privately owned by Wells Fargo.
Space constraints at this location make it virtually prohibitive to relocate the DME pad-mounted
equipment to the bank building locale, the footprint of their main building consumes the entire
limits of their lot. Placement of the DME electric equipment within the street right-of-way,
adjacent to the office building structure would not be pedestrian friendly and would add to the
costs of their demolition efforts.
There is a derived public benefit of having the parking structure of uncertain stability removed
and the property returned to a more desirable disposition for the locale.
In 1960, the City granted First State Bank of Denton (now Wells Fargo) a underground tunnel
easement, to provide for a subsurface connection from the main building to the parking garage
structure. A component of the proposed demolition effort is to also remove the underground
tunnel sections within the Walnut Street right-of-way. Related to this is a stipulation in the
proposed Right-Of-Way Use and License Agreement that Wells Fargo abandon this tunnel
easement in conjunction with this transaction.
OPTIONS
1. Approve the Ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDA TION
Staff endorses the approval of the ordinance.
ESTIMA TED SCHEDULE
The demolition project manager for Wells Fargo indicates that the optimal timing window for the
overall structure removal and restoration activities shall require 4 weeks to accomplish, currently
scheduled for completion by mid-April 2006.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
Building Inspection Department review in terms of demolition permit application.
Development Review Committee evaluation in terms of pre-application conference prior to
demolition permit application.
FISCAL INFORMATION
Wells Fargo shall be responsible for all costs related to their activities, including restoration of
the street pavement, as stipulated in the Agreement.
EXHIBITS
1. Location Map
2. Ordinance
3. ROW Use Agreement
Prepared by:
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Real Estate Manager
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Director, W ater/W aste Water
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S:\Our Documents\Ordinances\06\Wells Fargo ROW Use Ordinance.doc
ORDINANCE NO.
AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AND LICENSE AGREEMENT
BETWEEN THE CITY OF DENTON AND WELLS FARGO BANK, N.A. THAT WILL
ALLOW AND ACCOMMODATE THE INSTALLATION OF ELECTRIC FACILITIES
BETWEEN WELLS FARGO BANK N.A. PROPERTY TRACTS SITUATED ADJACENT TO
THE RIGHT-OF-WAY OF WALNUT STREET AND AUSTIN STREET; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from Wells Fargo Bank for the
installation of private electric facilities under existing City Public Right of Way pursuant to a
Right-of-Way Use and License Agreement, a copy of which is attached to this ordinance (the
"Agreement"); and .
WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed
the requested electric service rearrangement as a component of the pending demolition project of
the Wells Fargo Parking Garage and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has found and determined that the
Agreement is in the public interest; NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The Agreement is hereby approved ai1d the City Mai1ager or his designee
is hereby authorized to execute the Agreement on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
. 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page 1
Exhibit 2
S:\OUT Documents\Ordinances\06\WeIls Fargo ROW Use Ordinance.doc
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATT Y
BY:
Page 2
S:\OUT Documents\Contracts\06\ Wells Fargo ROW Use AgreementDOC
RIGHT-OF-WAY USE AND LICENSE AGREEMENT
THIS AGREEMENT is entered into effective as ofthe date set forth below by and between
the City of Denton, Texas, a home rule municipal corporation (the "City'') and the Wells Fargo Bank
Texas, N.A., a national banking association ("WELLS FARGO").
WHEREAS, WELLS FARGO, has requested permission to install private electric facilities
within the street right-of-way of Walnut Street and Austin Street (the "City Right-of-Way") for the
installation of underground electric utility lines and appurtenances (the "Electric Facilities") between
WELLS F ARGO property tracts situated on the east and west sides of Austin Street. Such Electric
Facilities being shown on the drawing attached hereto and made a parthereofbyreference as Exhibit
"A" (the "License Area"); and
WHEREAS, The City of Denton, Texas ("City") hereby grants permission for WELLS
F ARGO to locate, maintain and repair the Electric Facilities within the License Area, subject to the
following terms and conditions:
1. The Electric Facilities shall be constructed in such a manner as not to interfere with the City's
use of the City Right-of-Way and shall be limited to and constructed only in accordance with the
plans and specifications that are approved in advance in writing by the City ("Plans and
Specifications"). When referring to the Electric Facilities within this agreement such term shall mean
the Electric Facilities constructed in accordance with the Plans and Specifications. The construction
methods shall meet the approval ofthe City Engineer and be detailed in the Plans and Specifications.
The City reserves the right to limit and/or to require specific construction methods within the
License Area. These limitations or construction methods shall be inCluded in the construction plans
and specifications for any work performed within the License Area. In addition, WELLS FARGO
shall provide adequate inspection and coordination with the City to insure the contractor adheres to
these items during construction. Prior to initial construction or any subsequent maintenance
activities within the License Area, Wells Fargo and / or its contractor( s) shall obtain a Right-of-Way
inspection permit from the Utilities Engineering Deparbnent for each instance. Upon completion of
the installation of the Electric Facilities, WELLS FARGO shall provide the City an "as-built" survey
prepared by a registered professional land surveyor, a survey plat illustration and a metes & bounds
field note description, depicting the precise horizontal location of all of the installed WELLS
FARGO electric conduits within the City Right-of-Way, and more specifically describing the License
Area. The "as-built" survey sheet(s) shall be produced on letter-sized sheets (8-W' x 11") and shall
be attached to this AGREEMENT as Exhibit "B". This AGREEMENT shall then be duly recorded
in the Real Property Records of Denton County, Texas.
2. The Electric Facilities are subordinate to the City's use of the City Right-of-Way, including
without limitation, utilities and street improvements located now or in the future within the License
Area. In the event the City repairs, expands, or adds to its facilities within the License Area, and in
the City's sole opinion it is necessary that the Electric Facilities be modified, removed or relocated,
in whole or in part, to accomtnodate such repaits, expansion or addition, WELLS FARGO shall, at
Exhibit 3
its sole cost, modify, remove or relocate the Electric Facilities, as directed by the City, no later than
120 days after City gives WELLS FARGO written notice.
3. WELLS FARGO shall defend, indemnify and hold harmless the City, its employees and
agents from and against any and all claims, expenses, (including attorney fees), damages, losses and
judgments arising out of or incident to the presence, construction, operation and maintenance of the
Electric Facilities. In addition, WELLS FARGO shall require that its contractor provide and maintain
throughout the installation of the Electric Utilities, general liability insurance in an amount equal to
at least $500,000 per occurrence, naming the City of Dent on, its officers and employees as additional
insureds. Prior to commencing any work within the License Area WELLS FARGO shall deliver to
the City an insurance certificate evidencing such insurance which certificate will be in a form
approved by the City, and shall provide that the insurance may not be cancelled or modified until the
City has been given at least 30 days advance written notice of cancellation or modification. Such
certificate shall also provide a waiver of subrogation in favor of the City, its officers and employees.
4. WELLS FARGO and its contractor will prevent construction equipment from damaging
existing City facilities or public utilities located within the License Area and adjacent areas.
5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on or in the License Area.
6. The City will not be responsible for any costs of construction, operation and maintenance of
WELLS FARGO Electric Facilities. It is further agreed that the City shall not be liable for any
damage to the Electric Facilities as a result of the City's use of the City Right-of-Way. rfany City
property is damaged or destroyed by WELLS FARGO or its agents it may be repaired orreplaced by
the City at WELLS FARGO expense and payment is due upon WELLS FARGO's receipt of an
invoice from the City.
7. Blasting is not permitted on the License Area or adjacent areas.
8. The License Area shall be left clean, free from all dirt and debris resultant from construction
or maintenance activities, or otherwise.
9. The License Area shall be protected from washing and erosion by a method approved by the
City.
10. Construction equipment and materials shall not be stored on the License Area.
11. It is understood and agreed that, in case:of default by WELLS FARGO or its contractors or
agents in any of the terms and conditions herein:stated and such default continues for a period often
(10) days after the City notifies WELLS FARGO of such default, the City may at its election
forthwith terminate this Agreement and upon such termination all of WELLS FARGO's rights
hereunder shall cease and come to an end. This agreement shall also terminate upon the
abandonment ofthe Electric Facilities.
Page 2
12. As a condition to the City approving this agreement, WELLS FARGO hereby releases and
quitclaims to the City all of its right, title and interest in and to that certain underground passageway
and tunnel easement dated July 12,1960 and recorded in Volume 458, pages 189, et. seq., in the Real
Property Records of Denton County, Texas.
13. This agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas.
Dated to be effective as of the _ day of
,2006 (the "Effective Date").
CITY OF DENTON, TEXAS
BY:
HOWARD MARTIN
ACTING CITY MANAGER
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
EDWINM. S , C ATTORNEY
WELLS FARGO BANK, N.A.
a national banking association
BY:
BY:
Printed name:
Title:
Page 3
ACKNOWLEDGMENT
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
This instrument was acknowledged before me on .2006 by Howard Martin, Acting
City Manager of the City of Denton, Texas, on behalf of such municipality.
Notary Public in and for the State of Texas
My Commission Expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
This instrument was acknowledged before me on .2006 by
the for Wells Fargo Bank, N.A, on behalf of Wells Fargo Bank, N.A
Notary Public in and for the State of Texas
My Commission Expires:
Page 4
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SYMBOLS SHOWN DA.$HEO WrOi TH-e: FClU..O'MNG
sua LETIERS ARE i::XISTING ITEMS;
j(..". EXISTIr& TO REMAIN.
R___ TO BE Re.MOVED-eot.I?LETELV
FIlL TO BE ReMOVED AND RELOCATEO
NL. Sl-\OwN IN NEW RELOCATED POSITlON.
2. UTILtnES DE$IGNAllONS
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SECONDARY F.EEOERS REQUIRED TO REPLAce EXISTING SERVICE TO WELLS
FARGO BUlLOING WIlH OENTON MUNICJPAl EI.ECTRiC "OONALD MctAUGKUN>
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ELECHuCALCONllV.CTQR TO APPlY fORA 'RIGHT OF WAV' PERMIT BEFORE mr
CUlliNG AND TRENCHING-OF THE CITY ROADS.
C. EXISTING ELECTRK:=M.UTlLITIES ARE ESTmTED TD BE36~BELOW GRADE. FlELD
vERlFY ALl. OTHER UTIlITIES IN "tHE AREA PRIOR: TO CUT11~ AND TRENCHI~G TO
RI:MOVE EXISTING FE:EOEiRS-AND INSTA.ll.AlION OF NEWFEEDEAS
D. E.xISTI-NGvrIUTl~S INDICATEO ON n-l~ PLANAR!:: f'fWU EXISTING?LANS.
SURVEYS. ~D VISUAL INSPECTIONS AND AA.l.RKINGS ABO\IE THE GR,II.DE
PROVIDED BY OIGG lEsS:. ACTUAL FIEW-COODITlOhl MAvVAAY. CONTACT THE
EN-GINEER W1THmV CONFLlClS.
~i lHE S\MTCHOVER: WILL occuA ON NON REGJ~ BUSINESS ~blJRS, PROVIDE
ADEQUATE MAN POWER AS NEEDED TO COMP~pe. HilS waAKPRIOR TO THE
BEGII\INJNG Of REGULAR BUSINESS HOURS
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AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
DEPARTMENT:
CM:
City Manager's Office
Howard Martin, 349-8232 ..
SUBJECT
Consider an ordinance of the City of Denton Authorizing an agreement between the City of
Denton, Texas and Opening Doors Immigration Services for provision of assistance to victims of
domestic violence; providing for the expenditure of funds therefore; and providing an effective
date.
BACKGROUND
Councilmember Jack Thomson has made a request for the expenditure of $500.00 to the Opening
Doors Immigration Services for provision of assistance to victims of domestic violence. Per the
contract, the funds are to be used to assist immigrant households where one or more of the
household members have been the victim(s) of domestic violence. Use of funds may include
operating costs of the program and training. Funds will be distributed with appropriate receipts
upon the approval of the ordinance by the City Council.
EXHIBITS
1. Ordinance
2. Agreement
Respectfully submitted:
Howard Martin
City Manager
Prepared by:
Linda Holley
Executive Assistant
S:\Our Documents\Ordinances\06\Opening Doors ord.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND OPENING DOORS IMMIGRATION SERVICES FOR
PROVISION OF ASSISTANCE TO VICTIM:S OF DOMESTIC VIOLENCE; PROVIDING FOR
THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Opening Doors hnmigration Services, a Texas non-profit corporation, (the
"Organization") provides assistance to immigrant households in the City of Denton where one or
more residents have been the victim(s) of domestic violence (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreement attached hereto and made a part hereof by reference (the "Agreement"); and
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between
the City and the Organization attached hereto and made a part hereofby reference serve a municipal
and public purpose and the Agreement is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body ohhis ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Public Service
Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULThffiBROCK,MAYOR
EXHIBIT 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM::
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 2
S:\Our Documents\Contracts\06\Opening Doors Agreement.doc
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
OPENING DOORS IMMIGRATION SERVICES
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule
Municipal Corporation, hereinafter referred to as "City", and Opening Doors Immigration Services,
a Texas Non-Profit Corporation, hereinafter referred to as "Opening Doors Immigration Services":
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose of
paying for contractual services; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest as it will promote tourism and economic development within the City, among other things;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
Opening Doors Immigration Services shall in a satisfactory and proper manner perform the
following tasks, for which the monies provided by City may be used:
The funds being provided shall be used by Opening Doors Immigration Services to assist
immigrant households where one or more of the household members have been the victim(s) of
domestic violence. Use of funds may include operating costs of the program and training.
II. OBLIGATIONS OF OPENING DOORS IMMIGRATION SERVICES
In consideration ofthe receipt of funds from City, Opening Doors Immigration Services agrees
to the following terms and conditions:
A. Five Hundred Dollars and noll 00 ($500.00) shall be paid to Opening Doors Immigration
Services by City to be utilized for the purposes set forth in Article I.
B. Opening Doors Immigration Services will maintain adequate records to establish that the
City funds are used for the purposes authorized by this Agreement.
C. Opening Doors Immigration Services will permit authorized officials of City to review its
books at any time.
D. Upon request, Opening Doors Immigration Services will provide to City its By Laws and
any of its rules and regulations that may be relevant to this Agreement.
E. Opening Doors Immigration Services will not enter into any contracts that would
encumber City funds for a period that would extend beyond the term of this Agreement.
EXHIBIT 2
F. Opening Doors Immigration Services will appoint a representative who will be available
to meet with City officials when requested.
G. Opening Doors Immigration Services will submit to City copies of year-end audited
financial statements.
m. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
March 1, 2006 through September 30, 2006, unless the contract is sooner terminated under
Section VII "Suspension or Termination".
IV. PAYMENTS
A. PAYMENTS TO OPENING DOORS IMMIGRATION SERVICES. City shall pay to Opening Doors
Immigration Services the sum specified in Article II after the effective date of this Agreement.
B. EXCESS PAYMENT. Opening Doors Immigration Services shall refund to City within ten
(10) working days of City's request, any sum of money which has been paid by City and which City
at any time thereafter determines:
1) has resulted in overpayment to Opening Doors Immigration Services; or
2) has not been spent strictly in accordance with the terms ofthis Agreement; or
3) is not supported by adequate docUmentation to fully justify the expenditure.
V. EVALUATION
Opening Doors Immigration Services agrees to participate in an implementation and
maintenance system whereby the services can be continuously monitored. Opening Doors
Immigration Services agrees to make available its financial records for review by City at City's
discretion. In addition, Opening Doors Immigration Services agrees to provide City the following
data and reports, or copies thereof:
A. All external or internal audits. Opening Doors Immigration Services shall submit a copy of
the annual independent audit to City within ten (10) days of receipt.
B. All external or internal evaluation reports.
C. An explanation of any major changes in program services.
Page 2 of7
D. To comply with this section, Opening Doors Immigration Services agrees to maintain
records that will provide accurate, current, separate, and complete disclosure of the status of funds
received and the services performed under this Agreement. The record system of Opening Doors
Immigration Services shall contain sufficient documentation to provide in detail full support and
justification for each expenditure. Opening Doors Immigration Services agrees to retain all books,
records, documents, reports, and written accounting procedures pertaining to the services provided
and expenditure of funds under this Agreement for five years.
E. Nothing in the above subsections shall be construed to relieve Opening Doors Immigration
Services of responsibility for retaining accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement.
VI. DIRECTORS' MEETINGS
During the term ofthis Agreement, Opening Doors Immigration Services shall deliver to City
copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof
wherein this program is a part ofthe subject matter ofthe meeting. Such notice shall be delivered to
City in a timely manner to give adequate notice, and shall include an agenda and a brief description
of the matters to be discussed. Opening Doors Immigration Services understands and agrees that
City's representatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Opening Doors Immigration Services' governing body shall be
available to City within ten (10) working days of approval.
VIT. TERMINATION
The City may terminate this Agreement for cause if Opening Doors Immigration Services
violates any covenants, agreements, or guarantees of this Agreement, the Opening Doors
Immigration Services 's insolvency or filing of bankruptcy, dissolution, or receivership, or the
Opening Doors Immigration Services' violation of any law or regulation to which it is bound under
the terms of this Agreement. The City may terminate this Agreement for other reasons not
specifically enumerated in this paragraph.
VID. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Opening Doors Immigration Services shall comply with all applicable equal employment
opportunity and affirmative action laws or regulations.
B. Opening Doors Immigration Services will furnish all information and reports requested by
City, and will permit access to its books, records, and accounts for purposes of investigation to
ascertain compliance with local, State and Federal rules and regulations.
C. In the event of non-compliance by Opening Doors Immigration Services with the
non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in
whole or in part, and Opening Doors Immigration Services may be barred from further contracts with
City.
Page 3 of7
IX. WARRANTIES
Opening Doors Immigration Services represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as ofthe date shown on the information, data, or report,
and, since that date, have not undergone any significant change without written notice to City.
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial conditions of Opening Doors Immigration
Services on the date shown on said report, and the results ofthe operation for the period covered by
the report, and that since said data, there has been no material change, adverse or otherwise, in the
financial condition of Opening Doors Immigration Services.
C. No litigation or legal proceedings are presently pending or threatened against Opening
Doors Immigration Services.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Opening Doors Immigration Services is doing business or with the provisions of any existing
indenture or agreement of Opening Doors hnmigration Services.
E. Opening Doors Immigration Services has the power to enter into this Agreement and
accept payments hereunder, and has taken all necessary action to authorize such acceptance under the
terms and conditions of this Agreement.
F. None of the assets of Opening Doors Immigration Services are subject to any lien or
encumbrance of any character, except for current taxes not delinquent, except as shown in the
financial statements furnished by Opening Doors Immigration Services to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
x. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the State, Federal or
10callaws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
Page 4 of7
C. Opening Doors Immigration Services shall notify City of any changes in personnel or
governing board composition.
XI. INDEMNIFICATION
To the extent authorized by law, the Opening Doors Immigration Services agrees to indemnify,
hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all
claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in
connection with the performance by the Opening Doors Immigration Services or those services
contemplated by this Agreement, including all such claims or causes of action based upon common,
constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional
acts of Opening Doors Immigration Services, its officers, employees, agents, subcontractors, licensees
and invitees.
XII. CONFLICT OF INTEREST
A. Opening Doors Immigration Services covenants that neither it nor any member of its
governing body presently has any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this Agreement. Opening
Doors Immigration Services further covenants that in the performance ofthis Agreement, no person
having such interest shall be employed or appointed as a member of its governing body.
B. Opening Doors Immigration Services further covenants that no member of its governing
body or its staff, subcontractors or employees shall possess any interest in or use his/her position for
a purpose that is or gives the appearance of being motivated by desire for private gain for
himself/herself, or others; particularly those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, or association in which he has direct
or indirect interest.
xm. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of
this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or facsimile, addressed to Opening Doors Immigration Services or City, as the
case may be, at the following addresses:
Page 5 of7
CITY
SERVICES
OPENING DOORS IMMIGRATION
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Fax No. 940.349.8591
~
AnrIStarnes, Executive Director
Opening Doors Immigration Services
2200 N. Bell Avenue
Denton, TX 76209
Fax No. 940.891.0466
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
XIV. MISCELLANEOUS
A. Opening Doors Immigration Services shall not transfer, pledge or otherwise assign
this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank,
trust company or other financial institution without the prior written approval of City.
B. If any provision ofthis Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to Opening Doors Immigration Services hereunder, or
any other act or failure of City to insist in anyone or more instances upon the terms and conditions
of this Agreement constitute or be construed in any way to be a waiver by City of any breach of
covenant or default which may then or subsequently be committed by Opening Doors Immigration
Services. Neither shall such payment, act, or omission in any manner impair or prejudice any right,
power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers,
privileges, or remedies are always specifically preserved. No representative or agent of City may
waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting
in Denton County, Texas.
Page 6 of7
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of ,2006.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, TY ATTORNEY
BY:
ATTEST:
BY:
BOARD SECRETARY
Page 7 of7
day of
,2006.
EULINE BROCK, MAYOR
OPENING DOORS IMMIGRATION
SERVICES
By:~$-
ANNiSTARNES
EXECUTIVE DIRECTOR
AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
DEPARTMENT:
Parks & Recreation
CM:
Howard Martin, 349-8232
..
SUBJECT
Consider at request to the Noise Exception Ordinance 2001-265 (Section 20-1, #4 General Noise
Violations 6) to allow DFW Acrylic & Plastering, Inc. to perform construction work at the
Kroger grocery store located at Denton Crossing, on Loop 288. The date of construction would
be March 22 - 26th from 9:00 p.m. until 6:00 a.m.
BACKGROUND
Section 20-1,4 #6 states "The erection, excavation, demolition, alteration, or repair work on any
building at anytime other than between the hours of 6:00 am and 8:30 pm Monday through
Friday for June 1 to September 30; between 7:00 am and 8:30 pm Monday through Friday from
October 1 to May 31; between 8:00am and 8:30 pm on Saturday; and between 1:00 p.m. and
8:30 pm on Sunday; provided, however, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interest of public safety and
convenience."
DFW Acrylic & Plastering, Inc. has been contracted by Kroger to complete outside work on the
building. Kroger has requested that work to be done after regular busy hours so that customer's
safety or convenience would not be affected. The work to be done is removal of remaining stone
on west and south walls, sand blast of tilt up concrete, and application of new stone directly to
tilt up concrete walls.
There are no residential homes in the immediate vicinity.
OPTIONS
City Council may approve or deny the request to allow an exception to the Noise Ordinance.
EXHIBITS
1. Letter of request from DFW Acrylic & Plastering, Inc.
Respectfully submitted:
Parks & Recreation Department
Prepared by:
~mt.~
Janie McLeod, Community Events Coordinator
Parks & Recreation Department
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Exhibit 1
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AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
DEPARTMENT:
Tax
ACM:
Jon Fortune
II
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name Reason Tax Amount
Year
1. Nortex Motorsports, Inc/Cycle Center of Duplicate Payment 2005 $ 2,713.63
Denton
2. First American/Griffin, Lynelle Duplicate Payment 2005 $ 1,723.20
3. Stewart Title Overpayment 2005 $ 1,135.02
4. First American/Fleming, Jeffery & Rachel Duplicate Payment 2004 $ 1,025.16
5. Caplinger, Paul Duplicate Payment 2005 $ 978.80
6. M&A Texas Denton Land Ltd DCAD Supplemental Change 2005 $ 887.17
(value change)
7. First American/Seligmann, Gustav & Karin Duplicate Payment 2005 $ 881.82
8. Capital Title of Texas Duplicate Payment 2005 $ 825.49
9. First American/Picou, Gary Duplicate Payment 2005 $ 813.68
10. First American/Castro, Angel Duplicate Payment 2004 $ 811.71
11. LSI Tax Services/Roder, Kenneth & Gay Duplicate Payment 2005 $ 798.34
12. First American/Collinsworth, Marcilla Overpayment 2005 $ 793.75
13. CMH Parks, Inc Overpayment 2005 $ 754.29
14. First American/Seely Jr, Arthur Duplicate Payment 2005 $ 722.70
15. First American/Prickett, Joe Duplicate Payment 2005 $ 702.92
16. First American/Smith, Kathleen Duplicate Payment 2005 $ 574.15
17. First American/Griffin, Lynelle Duplicate Payment 2005 $ 560.00
18. First American/Calderon, Jose & Cruz, Duplicate Payment 2005 $ 514.17
Alicia
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $17,216.00.
Respectfully submitted:
, A~
r'~
Diana G. Ortiz
Chief Financial Officer
CITY OF DENTON CITY COUNCIL MINUTES
February 14,2006
After determining that a quorum was present, the City Council convened in 2nd Tuesday Session
on Tuesday, February 14,2006 at 4:00 p.m. in the City Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins,
Montgomery, Mulroy, and Thomson.
ABSENT: Council Member Kamp
1. The Council received a report, held a discussion, and gave staff direction regarding the
formation of a non-profit organization for the City of Denton Animal Shelter.
Lt. Scott Fletcher, Denton Police Department, stated that the purpose of a non-profit group was
to assist with fundraising, encourage community involvement and establish a future shelter-
building fund. A proposed organization would be loosely based on the Maricopa County,
Arizona organization and the Denton Parks Foundation. The formation steps would include
setting a mission and values, selecting board members, developing a two-year budget, and
establishing articles of incorporation and a tax-exempt status on the federal, state and local level.
Staff needed input from Council on selection of board members and whether to move forward
with the development of such an organization or to do additional research on non-profit
organizations.
Council discussion-
. The Animal Shelter Advisory Committee was already established. This would be a
logical place to begin looking for potential members.
. How were members of the Parks Foundation selected - Janet Fitzgerald indicated that
there were specific recruiting criteria. The Foundation board members had a nomination
committee and the members were independently selected.
. Council should not appoint the board members to the non-profit organization.
. Could Council use some of their discretionary funds to help with the organization -
Snyder replied yes after the organization was established and a contract agreed on.
. Establish a core group to get the organization started but Council needed to keep out of
the workings of the organization.
. Forward potential names for board consideration to Scott Fletcher.
. Assemble as diverse a group as possible for a wide range of opinions.
Consensus of the Council was to proceed as proposed by staff.
2. The Council received a report, held a discussion, and gave staff direction on the
International Property Maintenance Code and other related Code Enforcement issues.
Lancine Bentley, Park Program Area Manager, and Kurt Hansen, Building Official, stated that
the IPMC did not recognize the difference between residential and commercial properties. It was
strictly a property maintenance code. Staff compared the IPMC to the City of Denton Code of
Ordinances, including the Denton Development Code. The comparison found instances in which
the city code exceeded the IPMC standards, in which the city code was deficient compared to
IPMC standards, in which the city code was silent, and instances that the city code addressed but
the IPMC did not.
City of Denton City Council Minutes
February 14,2006
Page 2
Hansen stated that staff, with the help of the Legal Department, should draft the IPMC ordinance
by mid-April, present the ordinance to the Construction Advisory and Appeals Board at the end
of April, bring it to Council in early May, followed by public education meetings in mid-May
and adopt the IPMC in early June.
Council discussion-
. Get plenty of public input for community suggestions on any of these proposals.
. Update the matrix where differences between the city code and TPMC occurred.
. Adopt the IPMC with code amendments to be used as the foundation for a strong,
cohesive, and amendable set of property maintenance standards.
. Don't adopt a code that was in conflict with the Development Code.
Bentley stated that Council might want to consider the following standards that were not in the
IPMC or City Code of Ordinances: temporary carports, garage sales, outside storage and
placement of solid waste containers on non-collection days. Benefits of utilizing the IPMC
included the fact that it established one centralized location in which to find property
maintenance standards, contained provisions that encompassed a wide scope of property
maintenance issues that adequately protected public health, safety and welfare, was amenable
allowing municipalities the ability to establish requirements specific to their communities, and
was reviewed and modified regularly by members of the International Code Council.
Consensus of the Council was to proceed with the development of an ordinance that would adopt
the IPMC with City of Denton amendments.
3. The Council held a discussion and gave staff direction regarding Council processes
including but not limited to Council response to citizen reports, duties and responsibilities of
Council committees, and responsibilities of city boards and commissions.
Interim City Manager Martin indicated that Council had requested this item be placed on an
agenda for discussion.
Mayor Pro Tem McNeill stated that he would like a discussion on when, how and what was
appropriate for Council to respond to citizen reports. There were times when he knew Council
would like to respond to a citizen report or ask the citizen a question.
City Attorney Snyder stated that if the item was not specifically posted or generic in nature,
Council could reply with a statement of specific fact.
Mayor Pro Tem McNeill asked if Council could respond if a citizen made a statement that was
known not to be true.
City Attorney Snyder relied that the Council could respond to correct an incorrect statement but
would not want to get into a debate with the person at the podium.
Mayor Pro Tem McNeill asked if Council could make a statement of fact after the citizen had
left the podium.
City of Denton City Council Minutes
February 14,2006
Page 3
City Attorney Snyder felt that it should be done before the citizen left the podium.
Mayor Brock felt that, as a general principle, it was best not to deliberate. One way to respond
might be for a Council member to ask staff a question, such as whether staff had responded to
this particular complaint.
City Attorney Snyder replied that Council could ask such a question of staff at the meeting.
Mayor Pro Tem McNeill questioned that if a citizen asked what could he/she do to get help and
he knew that staff had already tried to help that citizen, could he ask staff at the meeting what
had been done.
City Attorney Snyder replied yes but there was a fine line there and staff would need to be
careful with a response.
Mayor Brock reminded Council that if the presiding officer or the City Attorney or both
individuals indicated to a member that the topic could not be discussed, Council needed to
adhere to that decision and realize that they were not trying to cut off discussion.
Council Member Mulroy indicated that most occurrences were emotionally charged and that the
citizen was trying to get an interchange with Council. The Council had success in the past to
direct the citizen to the correct department for help. Staff could meet with that person and
present information on the issue at the next meeting. The chair of the meeting could direct the
citizen to the correct staff person.
City Attorney Snyder stated that other than a factual response, Council should revert to staff
instead of trying to correct the individual, as the citizen was not really asking for that but rather a
dialog with Council. The purpose of a citizen report was for a citizen to present an issue to
Council and not have a deliberation by Council and the citizen.
Council Member Mulroy suggested a follow-up review at the next meeting of prior citizen
reports.
Mayor Brock stated that Council committee assignments were also listed as a topic for this
discussion and asked if Council had any questions about chairs or members.
Mayor Pro Tem McNeill stated that it was important that the public recognize that these most
Council committees were advisory in nature and did not take formal action. Most of the final
action was taken by Council.
It was suggested to change the membership on the Texas Municipal Power Agency Board to one
Public Utilities Board member and one City Council member.
Mayor Brock indicated that she should be listed as a member of the Council Committee on the
Environment.
4. The Council received a report, held a discussion and gave staff direction on the Verizon
Denton Wire Center FIOS Service and the Fiber to the Premises (FTTP) project.
City of Denton City Council Minutes
February 14,2006
Page 4
Jim Coulter, Director of W ater/W astewater, stated that Council was recently updated on the
efforts of Utility and CIP Engineering staff to assist Verizon in the permitting and inspection
process of the ongoing Verizon FTTP project. Although the City was initially responsive to
Verizon's request for expediting this project, Verizon declined to pay for additional inspection
services and to establish a fund for repairs to damaged infrastructure. Verizon instead elected to
initiate the project utilizing the existing inspection resources of the City's Utility and CIP
Engineering group. In subsequent discussions over the course of the past year, the City had
offered to provide additional inspection services if those services were reimbursed but Verizon
declined. Recently, Verizon requested additional inspection services so that more permits could
be issued for the FTTP project. That would mean more and more crews would be actively
installing this fiber infrastructure throughout the City. Increased fiber installation meant
increased utility locates for all utilities. He indicated that sufficient resources to keep up with an
increased location demand were not available at the current time.
Council asked if permit fees were charged to Verizon for this project. Coulter replied that the
City was prohibited from charging fees as the project was for telecommunication purposes.
Coulter continued that the City was required by state law to respond to a request for location of
underground electric lines within 48 hours, excluding weekends and holidays. The City had
concerns on those locate periods when Verizon was requesting locates for entire subdivisions as
opposed to one residence at a time. The City was trying to develop a way to work through the
processes and accomplish tasks with the existing staff. Recently, Verizon requested to go to 30
crews working in the community, with a phasing period for the new Verizon crews and had
offered to help pay for line locates and inspections. Staff was currently memorializing the points
of an agreement discussed at a meeting today. If Verizon started right away with the 30 crews,
the City would have to pull crews in from other areas and Denton citizens would suffer from lack
of services.
Sharon Mays, Director of Electric Utilities, stated that staff could guarantee ten additional hours
of overtime if Verizon would pay for it. A request had been made to waive the 48 hour locate
requirement. Staff would try to do it but it would not be mandatory.
Coulter stated that Verizon wanted to increase the number of crews working in the area to 30
over the next six months.
Frank Payne, City Engineer, stated that staff would want documentation of a written proposal
from Verizon. Nothing would be done until there was something on paper.
Council Member Mulroy asked if the task of line locates could be done out-of-house.
Mays replied no that an individual had to know the system to assist with locates and connects.
Mayor Pro Tem McNeill stated that he would like to proceed as quickly as possible to get this
done without deteriorating city services.
City of Denton City Council Minutes
February 14,2006
Page 5
Council Member Mulroy stated that he would like to have the city wired but not would not give
up life safety in order to do this. Verizon needed to keep up its end of the agreements in order to
ramp up and to keep permits issued.
Consensus of the Council was to report back in 30 days on any progress.
5. The Council received a report, held a discussion, and gave staff direction regarding
proposed financial and administrative changes in the City of Denton's P-L-U-S One Program.
This item was not considered.
Following the completion of the 2nd Tuesday Session, the Council convened in a Closed Session
at 5:45 p.m. to consider the following:
1. Closed Session
A. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consulted with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
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, plat
applications, 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
With no further business, the meeting was adjourned.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 20, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Monday, February 20,2006 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. Council received a presentation and held a discussion concerning the proposed Denton
Hillview Center on the Rayzor Ranch property located in two pieces - 1) north of Scripture
Street, east of the 1-35 east frontage road, west of Bonnie Brae and south of University Drive
(approximately 257 acres) and 2) north of University Drive, east of the east frontage road ofI-35,
west of Bonnie Brae, and south of Thunderbird and south of Westwind Drive (approximately
121 acres), including comprehensive plan amendments and rezonings.
Joe Gamber introduced project and was available to answer questions from Council.
Charles Aimes reviewed the history of the purchase of the property from the Rayzor family and
the vision of the proposed seven year development.
Jack O'Brian stated that the concept of the development would be "new urbanism" with a
walkable community to homes, shopping and work. He reviewed the provisions of the
development with several different project types - a town center, neighborhood center, and a big
box center. Twelve to fourteen acres would be dedicated for a park area. Offices were proposed
on the south end of the development. Apartments, town homes and single family were also
proposed. The single-family homes would be approximately 2500-3000 square feet in size.
Proposed public amenities for the development were discussed including walkable linkages
throughout the development. A master plan development would be the best zoning for this
proposal. There were three or four sites with drilling easements rights on the Bonnie Brae side
of the property. Those would be drilled within the next twelve months with walls, landscaping
and defined operating hours at the well.
Council discussion-
. Review the design of the multifamily units - the multifamily design was for 700-800
units with half being housing for seniors age 55 and above. The multifamily did not
drive the project but there must be some to make the project work.
. The multifamily would be of condo quality and not like everyone else's apartments.
. If of the approximate 800 units, 400 would be a senior campus, what would be the
balance of the multifamily housing - could be high-end apartments with some garden
homes mixed in.
Paris Rutherford felt that discussions were needed regarding transit coming in the area and what
that would mean to the downtown area. How this development could coexist with the downtown
area and how to tie them in together.
With no further business, the meeting was adjourned at 1:40 p.m.
City of Denton City Council Minutes
February 20, 2006
Page 2
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
February 21, 2006
After determining in Open Session that a quorum was present, the City Council convened in a
Closed Session on Tuesday, February 21, 2006 at 3:37 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. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consulted with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
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, plat applications, 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. Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551.071, Deliberations regarding economic development negotiations -
Under TEXAS GOVERNMENT CODE Section 551.087, and Deliberations
regarding certain real property - Under TEXAS GOVERNMENT CODE Section
551.072.
1. Consulted with the City's attorneys regarding legal issues associated with
the right-of-way dedication or acquisition for and the construction of a
portion of Lakeview Blvd by Holigan Land Development where 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. Deliberate the purchase and value of the real property to be
dedicated or acquired. Deliberate and discuss commercial or financial
information received from a business prospect, Holigan Land
Development, and offers of financial or other incentives to the business
prospect, for the purposes of economic development negotiations
regarding its development, the Villages of Carmel.
City of Denton City Council Minutes
February 21, 2006
Page 2
C. Consultation with Attorney - Under Texas Government Code Section 551.071
and Deliberations regarding Real Property - Under Texas Government Code
Section 551.072
1. Received a confidential presentation by staff relating to assignments of a
commercial airport operator's lease between JVC Real Estate, L.L.C. and
4845 LOCKHEED ASSOCIATES, LTD. and subsequent assignments and
subleases to JVC Hangars, L.L.C., and consultations with the City's
attorneys regarding legal issues regarding the approval of a fractional
interest concept which subdivides the JVC Real Estate, L.L.C. lease into
three units. 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.
D. Consultation with Attorney - Under Tex. Gov't Code 9551.071.
1. Considered and discussed status of litigation styled McFarling, et al. v.
City of Denton, Cause No. 2006-10032-16, currently pending in the 16th
District Court of Denton County, Texas
E. Deliberation regarding Personnel Matters - Under TEXAS GOVERNMENT
CODE Section 551.074.
1. Deliberated and discussed the evaluation of the City Attorney, the
Municipal Court Judge, and the City Manager, including a discussion of
performance measures for and the duties of the City Council appointees.
Following the completion of the Closed Session at 5:47 p.m., the Council convened in a Work
Session to discuss the following:
1. The Council received a report by the Certified Public Accountants firm of KPMG, LLP
and held a discussion regarding the annual independent financial audit.
Diana Ortiz, Chief Financial Officer, stated that the Audit Committee had reviewed the reports
and had made a recommendation for a few changes to the Letter to Management.
Angela Dunlap, KPMG, LLP, stated that the audit report was composed of three components, the
Comprehensive Annual Financial Report, Management Letter and Single Audit. The audit
expressed opinions on the City's financial statements, performed a single audit for federal
monies and developed a Management Letter, which contained the auditor's recommendations to
the City regarding specific areas for improvement. Their report was unqualified with no material
weaknesses. They had had a good dialog with the Audit Committee.
2. The Council received a report, held a discussion and gave staff direction on a proposed
voluntary annexation ofland for approximately 3,441.727 acres in the southwest portion of the
City's ETJ. The subject property was generally located west of 1-35 West, south of Tom Cole
Road and east of C. Wolfe Road and extends south of F.M. 2499 approximately 5,400 feet.
(A06-0001, Cole Ranch)
City of Denton City Council Minutes
February 21, 2006
Page 3
Kelly Carpenter, Director of Planning and Development, stated that at a prior meeting, Council
had given staff direction for an aggressive annexation schedule for this property. Staff had
prepared such a schedule for council consideration.
Consensus of the Council was to proceed with the proposed schedule.
3. The Council received a report, held a discussion and gave staff direction on a proposed
fractional ownership concept as a development tool for the Airport and as it affects the approval
process for subleases, transfers and assignments at the Denton Airport.
City Attorney Snyder stated that there was a corresponding item on the Consent Agenda
regarding this proposal. Two policy decisions needed to be made by the Council. One was
whether to approve this type of project with fractional ownership and the other was who would
have the authority to enter into these subleases. Currently the ordinance was written for the
Airport Advisory Board to have that authority. The council would need to pull this item off the
Consent Agenda and motion a modification if it wanted the City Manager to have that authority
instead of the Airport Advisory Board.
4. The Council received a report, held a discussion and gave staff direction regarding gas
well revenue, including a proposed audit of gas well proceeds, and potential uses of gas well
revenue.
This item was not considered.
5. The Council received a report, held a discussion, and gave staff direction on
compensation to the extent the discussion included information on confidential competitive
public power information pertaining to DME salaries and policies, the Council reserves the right
to convene into a closed session, in compliance with Texas Government Code 9551.086 -
DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE
MATTERS.
Carla Romine, Director of Human Resources, stated that on February 3, 2006, Council had
received a detailed overview on compensation and classification. She reviewed the non-civil
service plan highlights including when the current plan was implemented, the open range system,
the market bands and the changes in the market bands with the market-spread difference. The
civil service plan highlights were noted with step ranges and classifications on each pay plan.
Developing a competitive compensation program included classification programs, market
analysis and a performance management program. The classification program involved a point
fact evaluation with 11 broad categories. Jobs were re-evaluated based on internal and external
factors including technology advances, industry changes, organizational needs and incumbent's
capabilities. The largest challenge in the classification program included internal equity
throughout all of the job families. Challenges associated with market analysis included external
market equity and sufficient data. She reviewed apprenticeship programs and progression plans.
Council discussed the need to have a measured way to put employees first during budget
discussions and the consideration of a percentage every year of a merit pool as an incentive for
advancement for long-term employees.
Consensus of the Council was to continue the process as presented.
City of Denton City Council Minutes
February 21, 2006
Page 4
6. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for February 21, 2006.
It was noted that Item 3P would be considered separately. A modification of the minutes of
January 23,2006 was suggested relative to the infill discussion.
Regular Meeting of the City of Denton City Council on Tuesday, February 21, 2006 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 Severe Weather Awareness Week.
B. February Yard-of-the-Month Awards
Mayor Brock presented the Yard of the Month award to Carlos and Sylvia DeLouis.
3. CONSENT AGENDA
Mayor Brock indicated that Item 3P would be pulled for separate consideration.
Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item 3P. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
Item 3P was considered
McNeill motioned, Heggins seconded to amend Section 4 of the ordinance to replace the Airport
Advisory Board with the City Manager. On roll vote, Heggins "aye", Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion
carried unanimously.
A. 2006-052 - An ordinance of the City Council of the City of Denton, Texas
authorizing the city manager to execute a contract with Gila Corporation, D.B.A.
Municipal Services Bureau, for collection services relating to the collection of
Municipal Court fines in accordance with the Code of Criminal Procedure;
providing for retroactive effect; and providing an effective date.
B. 2006-053 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals for the City of Denton
Water Treatment Plants; providing for the expenditure of funds therefor; and
City of Denton City Council Minutes
February 21, 2006
Page 5
providing an effective date (Bid 3445 - Annual Contract for Water Treatment
Chemicals awarded to the lowest responsible bidder for each item in the annual
estimated amount of $800,000). The Public Utilities Board recommended
approval (6-0).
C. 2006-054 - An ordinance accepting competitive bids and awarding a two year
contract for the purchase of Traffic Signals for the City of Denton Traffic
Division; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3443 - Two Year Contract for Traffic Signals awarded to the
lowest responsible bidder for each item in the annual estimated amount of
$105,000).
D. 2006-055 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a change order to the contract with the Houston-Galveston
Area Council of Governments (H-GAC) for the acquisition of 35, 65, and 95
gallon refuse carts for the City of Denton Solid Waste Department by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File 3394 - Purchase of Refuse Carts at the new H-GAC contract prices shown in
Exhibit A in the estimated amount of $91,558.47). The Public Utilities Board
recommended approval (6-0).
E. 2006-056 - An ordinance authorizing the City Manager to execute change order
one to the contract between the City of Denton and James R. Kirkpatrick, Inc. dba
Kirkpatrick Architecture Studio; providing for the expenditure of funds therefor;
and providing an effective date (Ordinance No. 2005-192; RFSP 3324 -
Architectural Design Services for Fire Station #7 awarded to James R.
Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio in the not to exceed amount
of $250,000 and Change Order One in the amount of $68,117.50 for a total
amount of $318, 117.50).
F. 2006-057 - An ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of Tires and Tubes as awarded by
the State of Texas Building and Procurement Commission (Contract TXMAS-
GSA-26 I); providing for the expenditure of funds therefor; and providing an
effective date (File 3461 - Tires and Tubes awarded to Gray's Wholesale Tire
Distributors, Inc. in the estimated amount of $150,000).
G. 2006-058 - An ordinance awarding a contract for the purchase of materials,
supplies, or services necessary for the purchase and maintenance of Oracle
Database Enterprise Edition licenses and software support as approved by the
State of Texas General Services Commission Department of Information
Resources (DIR); providing for the expenditure of funds therefor; and providing
an effective date (File 3472 - Purchase of Oracle Software awarded to Mythics,
Inc. in the amount of $30,532). The Public Utilities Board recommended approval
(6-0).
H. 2006-059 - An ordinance of the City of Denton, Texas accepting competitive
sealed proposals and awarding a best value four year contract for patient care
City of Denton City Council Minutes
February 21, 2006
Page 6
reporting and emergency medical services (EMS) billing for the City of Denton
Fire Department; authorizing the expenditure of funds therefor; and providing an
effective date (RFP 3403 - Emergency Medical Services (EMS) Billing awarded
to Intermedix, Inc.).
I. 2006-060 - An ordinance of the City Council of the City of Denton, Texas
approving an agreement between the City of Denton and the Denton Affordable
Housing Corporation; providing for the terms of said contract; authorizing the
City Manager to execute the agreement and to expend funds with respect to the
agreement; and providing for an effective date.
1. 2006-061 - An ordinance of the City Council authorizing the City Manager to
execute a professional services agreement with R. 1. Covington Consulting, LLC
for consulting services relating to Task Order No. 06-D providing for a Cash
Working Capital Study for Denton Municipal Electric; authorizing the
expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommended approval (6-0).
K. 2006-062 - An ordinance of the City of Denton, Texas authorizing the Interim
City Manager to execute an agreement for Professional Legal Services with the
firm of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for legal services
pertaining to representation of the City before the Public Utility Commission of
Texas, in connection with Docket No. 31540; authorizing the expenditure of
funds therefor; providing for retroactive approval of the agreement; and providing
an effective date. The Public Utilities Board recommended approval (6-0).
L. 2006-063 - An ordinance of the City of Denton, Texas authorizing the Interim
City Manager to execute an agreement for professional legal services with the
firm of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for legal services
pertaining to representation of the City before the Public Utility Commission of
Texas, in connection with the City's compliance with electric transmission service
rules, and related rulemaking, proceedings, or any project relating thereto;
authorizing the expenditure of funds therefor; providing for retroactive approval
of the agreement; and providing an effective date. The Public Utilities Board
recommended approval (6-0.)
M. R2006-006 - A resolution of the City Council of the City of Denton, Texas
supporting the Denton Police Department Training Academy license renewal; and
providing an effective date.
N. Approved tax refunds for the following property taxes:
Name
Reason
Tax
Year
Amount
2. Justin Industries
DCAD Supplemental Change
Court
2005 $ 9,063.64
City of Denton City Council Minutes
February 21, 2006
Page 7
Name
4. Countrywide Home Loans/
James Gumfory
Reason
Tax
Amount
Year
2005 $ 1,432.95
Duplicate Payment
6. Countrywide Home Loans/
Tara Gre ory
Duplicate Payment
2005 $ 811.78
8. Countrywide Home Loans/
Anna Martinez
Duplicate Payment
2004 $ 615.13
O. Approved the minutes of:
January 23,2006
January 30, 2006
P. 2006-064 - An ordinance approving assignments of a certain commercial airport
operator's lease between JVC Real Estate, LLC and 4845 Lockheed Associates,
Ltd. and approving a subsequent assignment and sublease from 4845 Lockheed
Associates, Ltd. to JVC Hangars, LLC; approving a fractional interest concept
which subdivides the JVC Real Estate, LLC lease into three separate units
allowing a partial transfer, sublease and assignment of these units subject to all
improvements complying with applicable City Code requirements; delegating to
the Airport Advisory Board the authority to approve assignments from JVC
Hangars, LLC or any successor in interest of the fractional units; and providing an
effective date. The Airport Advisory Board recommended approval (4-2).
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance ordering a special election to be
held in the City of Denton, Texas, on May 13,2006 to fill a vacancy in Place 4 for the unexpired
term ending in May, 2007, and if a runoff election is required, on June 17, 2006, for the purpose
of electing a council member to Place 4 of the City Council of the City of Denton, Texas;
designating a voting place; appointing election officials, providing for early voting; providing for
bilingual notice of the special election, ordering that an electronic voting system be used,
providing an open meetings clause, and providing an effective date.
The following ordinance was considered:
NO. 2006-065
AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY
OF DENTON, TEXAS, ON MAY 13, 2006 TO FILL A VACANCY IN PLACE 4 FOR
THE UNEXPIRED TERM ENDING IN MAY, 2007, AND IF A RUNOFF ELECTION
IS REQUIRED, ON JUNE 17, 2006, FOR THE PURPOSE OF ELECTING A
COUNCIL MEMBER TO PLACE 4 OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS; DESIGNATING A VOTING PLACE; APPOINTING ELECTION
OFFICIALS, PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL
City of Denton City Council Minutes
February 21, 2006
Page 8
NOTICE OF THE SPECIAL ELECTION, ORDERING THAT AN ELECTRONIC
VOTING SYSTEM BE USED, PROVIDING AN OPEN MEETINGS CLAUSE, AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance of the City Council of the City
of Denton, Texas authorizing the Interim City Manager to execute a professional services
agreement with the Messer Law Firm for professional legal services relating to litigation styled
McFarling, et al. v. City of Denton, Cause No. 2006-10032-16, currently pending in the 16th
District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date.
Council Member Mulroy left the meeting with a conflict of interest.
The following ordinance was considered:
NO. 2006-066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH THE MESSER LAW FIRM FOR
PROFESSIONAL LEGAL SERVICES RELATING TO LITIGATION STYLED
MCFARLING, ET AL. V CITY OF DENTON, CAUSE NO. 2006-10032-16,
CURRENTLY PENDING IN THE 16TH DISTRICT COURT OF DENTON COUNTY,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance of the City Council of the City
of Denton, Texas authorizing the City Manager to make application to the Texas Department of
Housing and Community Affairs, execute a grant agreement and take all other actions necessary
to implement an Emergency Shelter Grant program; and providing for an effective date.
Council Member Thomson and Montgomery left the meeting with conflicts of interest.
The following ordinance was considered:
NO. 2006-067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, EXECUTE A
GRANT AGREEMENT AND TAKE ALL OTHER ACTIONS NECESSARY TO
City of Denton City Council Minutes
February 21, 2006
Page 9
IMPLEMENT AN EMERGENCY SHELTER GRANT PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", and Mayor Brock "aye". Motion carried unanimously.
Council Members Mulroy, Thomson and Montgomery returned to the meeting.
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Nita Acton regarding lost revenue due to wastewater run around.
Ms. Acton stated that she had previously requested to have her septic system sludge business use
the city's site for a dumping station. To date, she has not been able to do so and felt that she was
receiving the run around to her request. Currently they were required to haul the waste to Fort
Worth. She asked the council to look into the issue, as it would be a great source of revenue for
the city.
B. Robert Donnelly regarding drainage problems.
Mr. Donnelly wanted the council to be aware of a drainage problem he had with a neighboring
development. He felt the drainage issue would worsen due to the intended expansion of the
development. He was getting increased runoff into his detention pond that had overflowed three
times in the last several months even with the drought situation currently being experienced. He
asked council to direct staff not to approve any new plans until the drainage situation was
corrected.
C. Tomasa Garcia regarding Federacion Latino-Americana de Futbol
Soccer.
Ms. Garcia was not present at the meeting.
D. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present at the meeting.
E. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
F. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present at the meeting.
G. Hagar Hudspeth regarding concerns of Southeast Denton.
City of Denton City Council Minutes
February 21, 2006
Page 10
Ms. Hudspeth was not present at the meeting.
H. Nell Yeldell regarding Black history.
Ms. Yeldell was not present at the meeting.
I. Bob Clifton regarding city business.
Mr. Clifton showed pictures of dumpsters near the University that were overflowing and needed
to be emptied. He also showed pictures of water towers in the city that needed to be painted. He
showed pictures where the city had placed a dumpster in his parking lot and would not place it
on city right-of-way property.
1. (John) Koo-Hyun Kim regarding Municipal Court issue.
Mr. Kim was not present at the meeting.
E. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Mulroy requested an update on the concerns expressed
during the citizen reports.
2. Mayor Pro Tem McNeill requested a report from the joint City/DISD
committee on the natatorium.
3. Council Member Heggins indicated that a group of musicians wished to
erect a statue for Pops Carter. She requested information on how to obtain a permit to do
so and where it could be placed.
F. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Interim City Manager Martin did not have any items for Council.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Brock indicated that Council would continue with the Closed Session items listed at the
beginning of the agenda.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action from the Closed Session.
City of Denton City Council Minutes
February 21, 2006
Page 11
With no further business, the meeting was adjourned.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
March 6, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Monday, March 6, 2006 at 11 :30 a.m. in the Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members, Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT: Council Member Heggins
1. The Council received a report, held a discussion, and gave staff direction on the Police
Department's guidelines and deployment strategy for the TASER less-than-Iethal weapon.
Lt. Tom Woods, Denton Police Department, reviewed background information and presented an
informational video on the development of the taser. He stated that tasers were not lethal
weapons, contrary to public opinion. He stated that there were myths concerning tasers causing
deaths. Deaths associated with the tasers involved some other contributing factor such as drugs.
In a 12-month investigation and 100,000 pages of documentation it was determined that the issue
was closed with no enforcement action. The City had already purchased the devices with a grant
but had not used them until more studies were done.
Council discussion-
. How many calls per month would be related to taser-type calls - Woods replied that was
not know at this time. Last year the department made 175 arrests with force with three
complaints that were not sustained.
. The Department's recommendation was that the devices would be deployed after
protocols were developed. Woods replied correct that the protocols would be developed
in conjunction with the Fire Department. The jailers would be the first to receive
training.
. A suggestion was to build a database on usage and report to Council on a semiannual
basis.
Consensus of Council was to proceed with the development of the strategy for the use of the
tasers.
Item #4 was considered.
4. The Council received a report, held a discussion and provided staff direction concerning
Verizon Southwest's requests and associated Memorandum of Understanding for expedited
services in conjunction with the Fiber to the Premise (FTTP) project.
Jim Coulter, Director of W ater/W astewater, stated that staff was continuing discussions with
Verizon and hoped to have a signed agreement in the next several days. There were a number of
issues requiring confidentiality that the Council would be briefed on in a future Closed Session.
Staff was requesting permission from the Council to proceed with finalizing the agreement.
Consensus of the Council was to proceed with the finalizing of the agreement.
City of Denton City Council Minutes
March 6, 2006
Page 2
Council returned to the regular agenda order.
2. The Council received a report, held a discussion, and gave staff direction on the creation
of a Council Finance Committee and Budget Calendar.
Jon Fortune, Assistant City Manager, stated that over the next several months Council would
begin the budget process. It was suggested to expand the role of the Audit Committee to provide
an avenue for council members to interface with staff about the budget process on a more
frequent basis and in a less formalized setting. This would enable staff to receive guidance about
the Council's vision as they incorporate prioritized goals into the budget process.
Council discussion-
. Consider combining the Investment Committee with the proposed Finance Committee -
with further discussion it was noted that the function of the Investment Committee was
much different from the function of the Audit Committee.
Consensus of the Council was to proceed with the formation of the committee as proposed. The
role of the Audit Committee would be expanded to include finance functions.
Fortune continued with 2007 budget calendar. Key issues involved the five-year forecast and the
budget workshops.
Council discussed the proposed workshop dates. It was suggested to change one of the meetings
so that it did not conflict with the Transportation Summit. A matrix could be prepared to show
key time frames for meeting dates.
Consensus of the Council was to proceed.
3. The Council received a briefing, held a discussion and gave staff direction on a process
and review criteria for State Assisted Multi-Family Housing programs including, but not limited
to the State's Multifamily Bond Program and the Low Income Housing Tax Credit program.
Kelly Carpenter, Director of Planning and Development, stated that Council had requested staff
to propose a process and criteria for the review of state assisted multi-family housing programs.
Council had requested that a work session aspect be included for Council to discuss the project
and to give direction to the applicant and staff concerning disposition. This would be an
informal presentation for Council to hear what was being proposed. The definition of state
assisted multi-family housing was included in the criteria. The section on "review criteria and
standards" was amended to include (1) additional site design standards relative to landscaping
and architectural features and (2) a demonstration that the number of units to be demolished meet
or exceeded the number proposed to be constructed.
Council discussion -
. The work seSSIOn discussion would be an informal discussion on what was being
proposed.
City of Denton City Council Minutes
March 6, 2006
Page 3
. Change the wording in the Review Criteria regarding the demolition of units to "equal"
rather "meets or exceeds" .
. Change the wording in the Review Criteria regarding the demolition of units from
"demolished" to demolished and/or renovated.
. Under "Information for council consideration", the applicant should not provide
documentation that Denton had more than twice the state average, that should be done in-
house.
. Differentiate the proposed number of units above and below the threshold of the state
average - ifbelow did not have to come to Council for approval
. Make sure that the applicant knew that even if he went through all the procedures he was
not assured that he would get project approval.
. Make provisions for a project that would be favorable to the City but that didn't meet the
criteria for demolition or renovation.
Consensus of the Council was to proceed with the process as outlined, making the standards a
consideration for a specific use permit.
With no further business the meeting was adjourned at 1 :05 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
March 7, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, March 7,2006 at 5:00 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
Item #2 was considered.
2. The Council received a report, held a discussion and gave staff direction on a Public Art
Policy.
Janet Fitzgerald, Director of Parks and Recreation, stated that the draft public art policy would be
presented at this meeting. She introduced the members of the committee that drafted the policy.
The process was started in November at the direction of Council to draft the policy. In
December the task force began meeting. The proposed draft policy was modeled after a policy
from Arlington County, Virginia.
Roni Beasley, Chair-Public Art Policy Development Task Force, reviewed the procedures that
the task force followed to reach the draft policy. Those procedures included intent and purpose
of the task force, a definition of public art, the procedures for policy administration, role of the
committee, other major components including community involvement, site selection criteria,
project eligibility, art and artist selection, ownership and copyright, maintenance, accessioning,
deaccessioning and resiting, temporary exhibits, and a lending policy.
Jerry Mohelintzky, Task Force member, spoke on public funding. Suggested funding sources
were divided into CIP funding, hotel occupancy tax revenues, and tax abatements. State and
federal funding might also be available. Private funding included grants, foundations, and
contributions from individuals, businesses and organizations.
Council discussion-
. Consider a sliding scale formula similar to the HOT funds rather than a fixed percentage.
. The purpose of the proposal was to establish a formula/program for funding for public
art. The Council needed to commit to funding for the program.
. Why would the Committee act as a subset of the Parks Board rather than be a
freestanding committee? Beasley replied that the Parks Board would have the task of
installing and maintaining the pieces so input from that Board would be essential.
. Why were nine members suggested instead of seven as other council boards? Beasley
replied that nine members would allow for some appointments from the arts community
with expertise in the arts.
. Change the wording to "Council appointments" rather than "individual appointments.
. Consider whether the Committee needed direct line to council for decision-making -
Fitzgerald stated that the majority of the art would be on public property maintained and
managed by the Parks Department. It was felt that the Committee needed to follow that
chain of command. The Committee would be able to submit a minority report to council
if the Parks Board did not approve a piece of art.
City of Denton City Council Minutes
March 7, 2006
Page 2
. GDAC was indicated as the arts representative of the city. Was that officially approved
anywhere. Beasley stated that the policy was recognizing the role of GDAC in policy
and selection of art for the city.
Consensus of Council was to proceed with the recommendation.
Council returned to the regular agenda order.
1. The Council received a report, held a discussion and gave staff direction concerning the
establishment of a City Council Ad Hoc Development Review Committee.
Interim City Manager Martin stated that Council had requested this item and staff had placed
information in the backup for Council consideration and direction.
Council discussion-
. Formation of the committee would help compress the time frame for council
consideration of the Code review.
. This committee would help analyze the review of the code.
. Council Member Mulroy and Mayor Pro Tem McNeill volunteered to be on the
committee.
. A nominating committee made up of Council Members Mulroy and Kamp and Mayor
Pro Tem McNeill would make recommendations to the entire council for the remaining
members.
Consensus of the Council was to proceed with formation of the committee.
3. The Council received a report, held a discussion and gave staff direction on possible
amendments to requirements for parking in front of buildings and to criteria for Alternative
Development Plans (ADPs).
Kelly Carpenter, Director of Planning and Development, stated that currently the Code required
parking behind or beside a building and not in front of the building. There had been eleven or
twelve alternative development plans that had requested parking in front of the building. She
presented visuals on how parking might look if allowed in front of buildings. Landscaping
requirements might include a 15 foot landscaping area, 18 feet of first row of parking, a 24 foot
drive aisle, 18 feet of second row of parking,S feet of walkway and 5 feet landscape area in front
of building which could be paved if pots or planters were incorporated. Another challenge with
an alternative development plan was a speculative development project that did not know what
was going to be developed on each parcel.
Consensus of the council was to continue with the process.
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for March 7, 2006.
City of Denton City Council Minutes
March 7, 2006
Page 3
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consulted with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
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, plat applications, 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.
2. Consulted with the City's Attorneys, and receipt of legal advice, regarding
potential bargaining issues to be raised by management team
representatives during Meet and Confer negotiations with the International
Association of Fire Fighters Local 1291, pursuant to Texas Local
Government Code sec. 142.101, et seq. A private caucus on this topic is
specifically authorized by Texas Local Government Code 142.113(b), and
public discussion would otherwise conflict with the duties of the City's
attorneys to maintain confidential communications with the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
3. Received legal advice from the City Attorney regarding the Award of
Special Commissioners and procedural options in condemnation
proceedings styled The City of Denton, Texas v. Julian Chavez, et ai.,
Cause No. ED-2004-00088 pending in the Probate Court of Denton
County, Texas.
Regular Meeting of the City of Denton City Council on Tuesday, March 7, 2006 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
City of Denton City Council Minutes
March 7, 2006
Page 4
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
Mayor Brock presented the following proclamations:
Professional Social Work Month
American Red Cross Month
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.
A. 2006-068 - An ordinance of the City of Denton authorizing the City Manager to
execute on behalf of the City of Denton Amendment NO.2 to an Airport Project
Participation Agreement with the Texas Department of Transportation dated
January 8, 2002 relating to the construction of improvements at the Denton
Municipal Airport, and declaring an effective date. The Airport Advisory Board
recommended approval (5-0.)
B. R2006-007 - A resolution of the City Council of the City of Denton, Texas,
adopting Section 33.11 of the Texas Property Tax Code; providing for imposing
an early collection costs penalty for taxes imposed on personal property; and
providing an effective date.
C. Approved tax refunds for the following property taxes:
Name Reason Tax Amount
Year
2. 2005
4. 2005
6. 2005
8. First Horizon Home Loans Erroneous 2005
D. 2006-069 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of HDPE Pipe and Accessories for the City of Denton
Solid Waste Division; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3448 - Annual Contract for HDPE Pipe and
Accessories awarded to the lowest responsible bidder, Forrer Supply Company,
Inc. in the annual estimated amount of $30,000). The Public Utilities Board
recommended approval (5-0).
City of Denton City Council Minutes
March 7, 2006
Page 5
E. 2006-070 -- An ordinance accepting competitive bids and awarding a two year
contract for the purchase of Manual PME 9,10 and 11 Padmounted Switchgear;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3457 - Two Year Contract for Manual PME 9,10 and 11 Padmounted
Switchgear awarded to the lowest responsible bidder, Priester Supply, in the
annual estimated amount of $255,119). The Public Utilities Board recommended
approval (5-0).
F. 2006-071 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of Waterford Series Decorative Streetlight Poles;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3460 - Three Year Contract for Waterford Series Decorative Concrete
Streetlight Poles awarded to Lonestar Prestress Manufacturing, Inc. in the annual
estimated amount of $69,000). The Public Utilities Board recommended approval
( 5-0).
G. 2006-072 - An ordinance accepting competitive bids and awarding a three year
contract for the purchase of Automatic Meter Reading System; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3449- Three
Year Contract for Automatic Meter Reading System awarded to the lowest
responsible bidder meeting specifications for each item in the annual estimated
amount of $106,840). The Public Utilities Board recommended approval (5-0).
H. 2006-073 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Irrigation Parts and Supplies; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3464 - Annual
Contract for Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the
estimated amount of $64,000).
I. 2006-074 - An ordinance authorizing the City Manager to execute a Professional
Services Agreement with the firm of Malcolm Pirnie, Inc. to provide engineering
services for the preliminary design of the Lake Lewisville Water Treatment Plant
Upgrade; authorizing the expenditure of funds therefor; and providing an effective
date (File 3430 in an amount not to exceed $200,000). The Public Utilities Board
recommended approval (5-0).
1. 2006-075 - An ordinance of the City of Denton, Texas approving an Agreement
between the City of Denton and the North Texas Umpire Association; approving
the expenditure of funds for the purchase of certified softball officiating services
available from only one source in accordance with the provisions of the state law
exempting such purchases from the requirements of competitive bids; and
providing an effective date (File 3473 - Agreement with North Texas Umpire
Association in the amount of $40 per game for an estimated award of $44,000).
K. 2006-076 - An ordinance approving the extension of an agreement between the
City of Denton and the Historical Park Foundation of Denton County, Inc., for the
payment and use of hotel tax revenue; and providing an effective date.
City of Denton City Council Minutes
March 7, 2006
Page 6
L. R2006-008 - A resolution allowing Tejas Storytelling Association to be the sole
participant allowed to sell alcoholic beverages in the Civic Center Park at the
Texas Storytelling Festival on March 31 - April 2, 2006, upon certain conditions;
authorizing the City Manager or his designee to execute an agreement in
conformity with this resolution; and providing for an effective date. The Parks,
Recreation and Beautification Board recommended approval (5-0).
M. 2006-077 - An ordinance of the City of Denton, Texas authorizing payment of the
award of special commissioners into the registry of the court in condemnation
proceedings styled The City of Denton, Texas v. Julian Chavez, et aI, Cause No.
ED-2005-00088 pending in the probate court of Denton County, Texas; and
declaring an effective date.
N. Approved the minutes of:
February 6, 2006
February 7, 2006
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding an amendment to Subchapter 4 of the Denton Development Code, concerning the
Development Review Committee. The Planning and Zoning Commission recommended
approval (5-0). (DCA05-0013, Amendment to 35.4.4 Development Review Committee.
Kelly Carpenter, Director of Planning and Development stated that the proposal was
housekeeping in nature to complete a sentence left out in the original ordinance.
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. 2006-078
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 35.4 OF THE DENTON DEVELOPMENT CODE PERTAINING
TO THE DEVELOPMENT REVIEW COMMITTEE; PROVIDING A SEVERABILITY
CLAUSE; AND AN EFFECTIVE DATE. (DCA05-0013)
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council continued a public hearing and considered adoption of an ordinance
regarding an Alternative Development Plan for a proposed Retail and Office development on
City of Denton City Council Minutes
March 7, 2006
Page 7
approximately 25 acres. The subject property was generally located on the Northwest corner of
University Drive and Old North Road intersection. The property was located in a Neighborhood
Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G)
zoning district. The purpose of the Alternative Development Plan was to deviate from the
requirements of Subchapter 13 of the Development Code. The Planning and Zoning
Commission recommended approval with conditions (7-0). (ADP05-0008, The Shops at Old
North)
Kelly Carpenter, Director of Planning and Development, stated that staff had met with the
developer regarding revisions to his alternative development plan relative to the expectations of
the framework of an alternative development plan. The applicant had submitted an amended
alternative development plan on December 9, 2005 which staff recommended denial. The
revised ADP specifically stated that it was applicable to parking in front of buildings only; the
site plan also included several additional elements that were potentially not compliant with
landscaping, parking, and circulation. The Planning and Zoning Commission, at its meeting of
January 11, 2006, recommended approval for two rows of parking between the building and the
street with the conditions to provide a three-foot high berm along University Drive frontage
outside the eight-foot easement, provide a three foot high hedge along University Drive frontage
outside the eight-foot easement and planted in front of the berm, and provide a 12.5 foot
landscape area in addition to the required 10 feet wide landscape area planted with one large tree
for every 40 linear feet. After a meeting on February 21, 2006 the applicant submitted a revised
ADP showing reduced parking spaces but still exceeding code maximums by 29 spaces and
continued to include several additional elements that were potentially not complaint with
landscaping, circulation and driveway standards.
Council discussed whether the site plan presented showed multiple plots or one lot. Carpenter
indicated the preliminary plan was for multiple lots.
The Mayor indicated that the public hearing would continue at this point.
Thomas Glendenning - representing the developer - spoke in favor of the proposal. Having the
two rows of parking already approved was good marketing for the proposed development.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 25 ACRES OF
LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF
UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND
A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, FOR THE LIMITED PURPOSE OF
ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE
City of Denton City Council Minutes
March 7, 2006
Page 8
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008)
Mulroy motioned to approve for parking as shown only - no other items.
City Attorney Snyder requested a clarification of the parking.
Carpenter stated it was two rows of parking in the front of the building plus the Planning and
Zoning Commission's conditions.
Mulroy clarified the motion to include the two rows of parking but that the parking count would
include all parking plus the conditions from the Planning and Zoning Commission. This would
capture the total count for parking.
Kamp seconded the motion.
City Attorney Snyder asked if the motion was for the exact parking configuration as shown.
Mulroy indicated that administratively there might be some changes that would be brought back
to Council.
On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance approving the acquisition of
professional audit services for the review of royalties paid to the City of Denton for gas well
leases within the City of Denton; authorizing the City Manager or his designee to execute a
professional services agreement with Diversified Utility Consultants, Inc.; authorizing the
expenditure of airport gas well revenues for the audit of airport gas wells; authorizing the
expenditure of additional funds for audit services subject to the City Manager's approval; and
providing an effective date. The Airport Advisory Board recommended approval (6-0).
Mark Nelson, Chief Transportation Officer, stated that this item was for a professional services
contract for a review audit of all producing gas wells in the city of Denton. The Airport
Advisory Board had reviewed the airport portion of the contract. Staff was recommending a
review of all gas wells operated for the city.
The following ordinance was considered:
NO. 2006-080
AN ORDINANCE APPROVING THE ACQUISITION OF PROFESSIONAL AUDIT
SERVICES FOR THE REVIEW OF ROYALTIES PAID TO THE CITY OF DENTON
FOR GAS WELL LEASES WITHIN THE CITY OF DENTON; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC.;
City of Denton City Council Minutes
March 7, 2006
Page 9
AUTHORIZING THE EXPENDITURE OF AIRPORT GAS WELL REVENUES FOR
THE AUDIT OF AIRPORT GAS WELLS; AUTHORIZING THE EXPENDITURE OF
ADDITIONAL FUNDS FOR AUDIT SERVICES SUBJECT TO THE CITY
MANAGER' S APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council considered nominations/appointments to the City's Boards and
Commissions.
No nominations/appointments were made at this time.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Tomasa Garcia regarding Federacion Latino-Americana de Futbol
Soccer.
Ms. Garcia presented concerns regarding the Federacion Latino-Americana de Futbol Soccer
Association. She had delivered to Council a memo regarding the problems with the Association.
A formal organization had been formed to coordinate the different teams associated with the
league. They now needed help from Council to become recognized by the Parks Department and
to have access to the soccer fields, which currently they did not have.
B. Robert Donnelly regarding tax credit apartments.
Mr. Donnelly asked Council for explanation of a vote taken on June 7, 2005 expanding an
existing tax credit apartment complex. The new development was too close to the existing
development in violation of the regulations.
C. Gerald DeMarsh regarding Police Department issues.
Mr. DeMarsh was not present.
D. Kent Bass regarding City Barge on Lake Lewisville.
Mr. Bass stated that he owned a lot adjoining the city's intake on Lake Lewisville. He was
trying to get the City to address the issue regarding the city's barge on Lake Lewisville. He was
concerned that the barge was unsightly and creating a situation where it was impairing their
ability to enjoy the lot. He was asking the City to move the barge to the east 100 feet to get it out
of his line of vision. He had even offered to pay to have it moved. To this point he was not give
a good reason not to move the barge.
City of Denton City Council Minutes
March 7, 2006
Page 10
Mayor Brock asked Mr. Bass if the barge was there when he purchased the property.
Mr. Bass replied yes but he thought the City would move it if asked.
E. Bob Clifton regarding City business.
Mr. Clifton presented a slide show regarding the painting of the city's water towers. He
presented pictures of his neighbor's yard and neighbor's dogs. There was no certificate of
occupancy for living at the location where his neighbor was located. Animal Control should be
able to assist with the dogs chained in the yard.
F. Willie Hudspeth regarding concerns of Southeast Denton.
Jordan Hudspeth stated that Eureka Park was dangerous due to the poison wood at the park.
Hagar Hudspeth presented a video regarding a requested crossing guard at Woodrow and Morse
Streets. Cars would not stop to let children cross the street.
Lanisha Hudspeth spoke regarding the lack an African American firefighter in the city of Denton
and presented a video clip from a speech by Martin Luther King, Jr.
Willie Hudsepth spoke regarding the issues presented by his grandchildren. Why was there no
crossing light in southeast Denton on Woodrow and Morse? He wanted his grandchildren to go
to Eureka but could not due to the poison wood. He questioned again why there still was no
African American firefighter in Denton.
G. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudsepth spoke as noted above.
H. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth spoke as noted above.
I. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth spoke as noted above.
D. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Mayor Brock requested a report on the progress to eliminate dumpsters on
streets and sidewalks.
2. Mayor Brock requested an update on Western Blvd.
City of Denton City Council Minutes
March 7, 2006
Page 11
E. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Interim City Manager Martin did not have any items for Council.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:00 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: March 21,2006
DEPARTMENT:
Planning and Development
..
CM:
Howard Martin, 349-8232
SUBJECT
Hold a public hearing and consider adopting an ordinance amending section 35.5 of the Denton
Development Code ("CODE") by adding section 35.5.2.4, entitled "Mixed use Residential
Protection Overlay", amending the first sentence of section 35.7.3 of the code relating to overlay
districts; providing a severability clause; and declaring an effective date. (Planning Commission
5-0 approval)
BACKGROUND
The purpose of these amendments is to clarify the overlay zoning process as follows:
(1) To add language in subchapter 5 (the zoning subchapter of the Development Code) so
that is clear how the overlay district (setforth in subchapter 7 of the Denton Development
Code) can be used to increase setback, landscaping, screening or buffer requirements
along the borders of such existing residential uses, or to the impose additional use or
performance-based restrictions upon the proposed uses. We need to make it clear in the
Development Code that such additional modifications or restrictions actually amend the
underlying zoning classification and use designation to add these supplemental
requirements.
(2) The Mixed Use Residential Protection Overlay may be established through the Zoning
Amendment Procedure in conjunction with an amendment of the underlying mixed use
zoning classification. Currently the Development Code states that the Denton Plan
Amendment Procedure should be used for overlay districts.
(3) Section 35.7.3 is also proposed to be amended in order to utilize the Zoning Amendment
Procedure rather than the Denton Plan Amendment Procedure for overlay districts.
The initiation process for Denton Plan Amendment Procedure is more rigorous and the lead
times for application are longer than those for the Zoning Amendment Procedure.
RECOMMENDA TION
The Planning and Zoning Commission recommends approvalS - O.
ATTACHMENTS
A. Overlay Ordinance
Respectfully submitted:
Kelly Carpenter, AICP
S:\Our Documents\Ordinances\06\Development Code Amend 3.doc
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 35.5 OF
THE DENTON DEVELOPMENT CODE ("CODE") BY ADDING SECTION 35.5.2.4,
ENTITLED "MIXED USE RESIDENTIAL PROTECTION OVERLAY"; AMENDING THE
FIRST SENTENCE OF SECTION 35.7.3 OF THE CODE RELATING TO OVERLAY
DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of
the City of Denton, Texas, as amended (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapter 5 of the Development
Code; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the State law,
Comprehensive Plan, and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and are true and correct.
SECTION 2. Subchapter 35.5 of the Development Code is hereby amended by adding
Section. 35.5.2.4, to read as follows:
35.5.2.4 Mixed Use Residential Protection Overlay: Where necessary to address the
concerns of owners of existing adjacent residential uses that a proposed non-residential
or multi-family mixed use allowed by this subchapter is incompatible, the applicant may
consent to the imposition of increased setback, landscaping, screening or buffer
requirements along the borders of such existing residential uses, or to the imposition of
additional use or performance~based restrictions upon the proposed use. Such additional
modifications or restrictions shall, upon approval, amend the underlying zoning
classification and use designation to add these supplemental requirements. The Mixed
Use Residential Protection Overlay may be established through the Zoning Amendment
Procedure, either as a separate zoning case, or in conjunction with an amendment of the
Underlying mixed use zoning classification.
SECTION 3. The first sentence of Section 35.7.3 of the Development Code is amended
to read: "The creation or amendments to an Overlay District shall be made using the Zoning
Amendment Procedure and the creation or amendments to a Special Purpose District shall be
made using the Denton Plan Amendment Procedure." All other provisions of Section 35.7.3
shall remain in effect.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person. or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective immediately from and after its
passage.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, C
---
/'
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
DEPARTMENT:
CM:
Planning and Development
Howard Martin, 349-8232 ..
SUBJECT
Hold a public hearing and consider adopting an ordinance amending portions of Subchapter 16
(subdivisions) of the Denton Development Code; providing for a severability clause and an
effective date.
BACKGROUND
The proposed amendments to Subchapter 16 exempt development in the extraterritorial
jurisdiction ("ETJ") from the requirement of a preliminary plat, and streamline the process by
consolidating the preliminary plat and final plat processes for development in the ETJ. State law
does not require a preliminary plat. Plat applicants may still utilize the pre-application
conference to receive input before making application for a final plat.
City records indicate that there has been very limited platting activity in the ETJ. Since 2002,
there have only been a total of six final plats ("FP") and seven preliminary plats ("PP") approved
in the ETJ.
Year 2002: One FP and one PP
Year 2003: One FP and two PPs
Year 2004: Two FPs and three PPs
Year 2005: Two FPs and one PP
ATTACHMENTS
A. Proposed Subdivision Amendments
Respectfully submitted:
Kelly Carpenter, AICP
Planning and Development Director
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 16 (SUBDIVISIONS) OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of
the City of Denton, Texas, as amended (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapter 16 of the Development
Code; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the Comprehensive Plan
and are in the public interest~ NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and are true and correct.
SECTION 2. Subchapter 16 of the Development Code is hereby amended in part as
follows:
35.16.11. Preliminary Plats.
A. Purpose and applicability.
A preliminary plat shall be required for all proposed developments or
subdivisions of land within the comorate boundaries of the City, except where
otherwise provided in this Subchapter. A preliminary plat is neither reQuired nor
permitted in the extraterritorialiurisdiction. The required preliminary plat is
intended to provide sufficient information to evaluate and review the general
design ofthe development to ensure compliance with the Denton Plan, the Denton
Development Code, and the Thoroughfare Plan, and the requirements of this
Subchapter. Where a general development plan is required, the preliminary plat
shall conform to the approved development plan.
35.16.12. Final Plats.
A. Purpose and applicability.
A final plat of the property to be subdivided or developed is required of all
developments to which this Subchapter applies. The final plat is intended to serve
as the official recorded map and plat of the property to be subdivided or
S:\OUf Documents\Ordinances\06\Subchapter 16 amendments.DOC
developed, showing thereon the boundaries, lots, public streets and easements and
other sigffificant public facilities and features which are necessary to serve the
development, as required by this Subchapter. For a development to be constructed
in phases, the final plat may include only a portion of the land included in the
preliminary plat and general development plan. The final plat shall conform to the
preliminary plat, when a preliminary plat is permitted or required. Final plats
within the extraterritorial iurisdiction shall satisfy both the requirements of a
preliminary plat and a final plat.
35.16.12.2 Processing Procedure for Final Plat and Construction Plans.
C. Standards for Approval.
The Planning and Zoning Commission shall approve the final plat if the plat
complies with the following requirements:
1. Conforms to the Denton Plan, its land uses, and its current and future
streets, alleys, parks, playgrounds, and public utility facilities;
2. Conforms to the Denton Plan for the City's future land uses, extension
of the City's roads, streets, and public highways with the municipality
and in its extraterritorial jurisdiction, taking into account access to and
extension of sewer and water mains and the instrumentalities of public
utilities;
3. The final plat conforms with !Q....the Gefleral DevelopmeBt PlaE. aH.81er
file preliminary plat, when a preliminary plat is permitted or required~
4. Complies with the provisions for dedication of land and construction
of public improvements ef in accordance with City Construction
standards; and
5. Complies with all applicable ordinances. criteria manuals. and laws.
35.16.20 Construction
G. Utility Extension Regulations
2. Adequate water sys~em
b. The applicant shall demonstrate that the water system serving the
development Vl;ill be adequate to serve the development at the
time of preliminary plat approval for development within the City
limits. or at the time of final plat approval for developments
within the City's extraterritorial iurisdiction. Where a
development plan or phased preliminary plat is proposed, the
applicant shall demonstrate that each phase of the development
Page 2
s:\Our Documents\Ordinances\06\Subchapter 16 amendments.DOC
will be served by an adequate water system under this standard.
The approach main shall be extended to serve the entire
development subject to a development plan or phased preliminary
plat prior to the time of final plat approval for the second phase of
the development plan or phased preliminary plat, unless the
extension is part of a funded capital improvement project that the
City has initiated consistent with its adopted. capital
improvements plan for water facilities.
3. Adequate sewer system
b. The applicant shall demonstrate that the sanitary sewer system
serving the development will be adequate at the time of
preliminary plat approval for development within the City limits.
or at the time of final plat approval for developments within the
City's extraterritorial jurisdiction. Where a development plan or
phased preliminary plat is proposed, the applicant shall
demonstrate that each phase of the development shall be served
by an adequate sanitary sewer system under this standard. The
approach main.shall be extended to serve the entire development
subject to a development plan or phased preliminary plat prior to
the time of final plat approval for the second phase of the
development plan or phased preliminary plat, unless the extension
is part of a funded capital improvement project that the City has
initiated consistent with its adopted capital improvements plan for
wastewater facilities.
All other provisions of Subchapter 16 not inconsistent with this amendment shall remain in full
force and effect.
SECTION 3. The Council finds and declares that the provisions of Section 1-12 of the
Code of the City of Denton, Texas and Subsections 35.1.10.4A and B do not apply to this
ordinance.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective immediately from and after its
passage.
PASSED AND APPROVED this the
day of
, 2006
EULINE BROCK, MAYOR
Page 3
S :\Our Documents\Ordinances\06\Subchapter 16 amendments.DOC
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
Page 4
AGENDA INFORMATION SHEET
AGENDA DATE:
March 21, 2006
DEPARTMENT:
CM:
Economic Development
Howard Martin, 349-8232 ..
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, certifying funding and
support for the Statewide Transportation Enhancement Program Nomination Form 2006
with the Texas Department of Transportation, authorizing the City Manager to submit an
application to receive funding to build the Hickory Street Corridor and Arts Walk Project
under the Program and, if the grant is approved, to execute the grant agreement and take
other actions necessary to implement the grant; and providing an effective date.
BACKGROUND
In 1995, A Vision for Denton: the 21st Century, identified the Hickory Street Corridor,
from the Square to Bell Avenue, as a project with great potential for increasing pedestrian
traffic to the Square and the Visual Arts Center. The "Play" subcommittee suggested that
Hickory Street was well suited for a potential arts and entertainment corridor. We
currently have the opportunity, through the Texas Department of Transportation's
(TxDOT) Statewide Transportation Enhancement Program (STEP) to bring this plan to
fruition.
The Hickory Street Corridor and Arts Walk will begin at Carroll Boulevard and extend
east to Elm Street, will exclude the block from Elm to Locust, and will then continue
from Locust Street to the proposed Denton County Transportation Authority Rail Station
at Railroad Road. All of the existing sidewalks within both sections of the project will be
removed and replaced with eleven foot wide concrete sidewalks edged by a brick detail
one to two feet in from the curb. Pedestrian lighting is proposed throughout the project,
as are trashcans, benches, bike racks, street trees and landscaped corner beds and
flowerpots at various intersections. An irrigation system is also proposed along the
length of the project.
The drive lanes, currently three-wide, will be reduced to two lanes each twelve feet wide
with a seventeen foot wide angle-in parking row on the north side. The south side will be
devoted to a bike lane, eight feet wide. On the section from Locust Street to Bell Avenue
(the Arts Walk), a lighted concrete/paver median will be installed. This median will also
contain street trees. The street along this section will be resurfaced and a drainage system
installed.
As part of the application process for the STEP grant program, TxDOT has requested that
the North Central Texas Council of Governments (NCTCOG) conduct an initial review
and evaluation of each project submitted and rank each project. The Hickory Street
Corridor and Arts Walk Project was one of three projects submitted by the City to meet
- 1 -
the February 20, 2006, NCTCOG submission deadline. The NCTCOG ranked this
project number nine out of a total of 55 projects submitted from various entities in the
TxDOT Eastern Subregion. NCTCOG will provide the City of Denton a letter of
recommendation for the project no later than April 19, 2006, to be included as part of the
application due to TxDOT by April 28, 2006.
TxDOT also requires that nominating entities provide letters from the community
demonstrating public support for the project. The Downtown Development office is
working with downtown merchants, property owners and local organizations to collect
such letters to be submitted with the final application.
In addition to the letter of recommendation by NCTCOG and community support letters,
TxDOT is requesting that all entities provide a resolution or an ordinance demonstrating
the submitting organization's support and financial commitment to the project should
TxDOT award funding for the project. The attached draft ordinance, Exhibit A,
demonstrates the City's support and commitment to the project. Exhibit A outlines the
City's commitment to provide the required minimum local match at 20 percent of the
total project cost and states that the City will be responsible for all non-federally eligible
items and 100 percent of all proj ect overruns.
PRIOR ACTIONIREVIEW
The Downtown Task Force reviewed the project and advised staff to proceed with the
application. The project was also presented to the Main Street Association at their
February membership meeting. The grant was ranked number nine out of 55 by the
NCTCOG preliminary process for TxDOT. The Mobility Committee will meet the
afternoon of Friday, March 17, to discuss this item. Staff will advise you of the
Committee's recommendation at the Council Meeting.
FISCAL INFORMATION
As part of the initial STEP application submitted to NCTCOG, the City of Denton
requested $1,556,505. The City would be responsible for an additional $389,126 and any
project overruns. The City would also be responsible for an approximate annual cost of
$25,000 for operation and maintenance of the Arts Walk. Total estimated project cost, as
provided by the City's consultant Innovative Transportation Systems, Inc., is $1,945,632.
EXHIBITS
1. Ordinance
2. STEP Nomination Form
3. Draft NCTCOG Ranking
Linda Ratliff, Director
Economic Development Department
- 2 -
S:\Our Documents\Ordinances\06\STEP.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING AND
SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM
NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION,
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO RECEIVE
FUNDING TO BUILD THE HICKORY STREET CORRIDOR AND ARTS WALK PROJECT
UNDER THE PROGRAM AND, IF THE GRANT IS APPROVED, TO EXECUTE THE
GRANT AGREEMENT AND TAKE OTHER ACTIONS NECESSARY TO IMPLEMENT
THE GRANT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, ("City of Denton") wishes to improve the safety
and efficiency of the movement of people by walking or bicycling; and
WHEREAS, the Hickory Street Corridor and Arts Walk is a viable and important asset to
the City of Denton, Denton County, Region and Local Businesses; and
WHEREAS, the building of the Hickory Street Corridor and Arts Walk will accomplish
the intention ofthe City of Denton; and
WHEREAS, the City Manager anticipates funding for the Hickory Street Corridor and
Arts Walk will be available through the Texas Department of Transportation's Statewide
Transportation Enhancement Program Nomination Form 2006 ("STEP"); and
WHEREAS, the City Council deems it in the public interest to support the STEP and to
apply for STEP fmancing ofthe Hickory Street Corridor and Arts Walk.; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager or his designee is hereby authorized to make application
on behalf of the City of Denton to the Texas Department of Transportation ("TxDOT") through
its STEP for funding to make the necessary improvements to accomplish a safe pedestrian and
bicyclist path connecting the proposed transit station with downtown, known as the Hickory
Street Corridor and Arts Walk.
SECTION 3. Should TxDOT approve funding for the Hickory Street Corridor and Arts
Walk, through its STEP, the City of Denton agrees to commit to the project's development,
implementation, construction, maintenance, management and financing, including providing the
required local match at 20 percent or greater of the total project cost and being responsible for all
non-federally fundable items and 100 percent of all cost overruns. The City Manager, or his
designee, is hereby authorized to execute a Grant Agreement with TxDOT after the Agreement is
S :\Our Documents\Ordinances\06\STEP .doc
approved by the City Attorney, and to exercise all rights and duties of the City of Denton under
this Agreement.
SECTION 4. The City Manager, or his designee, is the City of Denton's authorized
representative who is directed to comply with any assurances, conditions, or agreements required
to be executed, to take all actions required under the STEP and to make expenditures of all the
funds required to be expended or received by the City of Denton under the STEP grant as its
share of the STEP.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
%bii/t4
BY:
Page 2 of2
STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM
NOMINATION FORM 2006
STEP-6 Nomination Form
(Rev. 10/28/2005)
TE Tracking Number:
Please use the Instructions for Nomination Form Completion to assist in completing this form. Additional
information can be found in the Statewide Transportation Enhancement Program Guide.
I. PROJECT NAME:
Hickory Street Corridor and Arts Walk
II. NOMINATING ENTITY NAME:
City of Denton
Contact Person: Alison Ortowski
Title:
Mailing Address:
City, State, Zip Code:
Daytime Telephone:
Downtown Development Specialist
101 S. Locust, Suite 500
Denton, TX 76201 Fax:
940-349-8518
940-349-8520
Email:
alison .ortowski@cityofdentol
Type of Entity
City
F
Signature
Printed Name
Date
III. PROJECT ELIGIBILITY CRITERIA
A. Relationship
What is the proposed project's relationship to the surface transportation system?
Function
E
B. Above and Beyond Standard Activities
Do the proposed activities go beyond standard activities the Texas Department of Transportation
performs?
Yes ...
C. Qualifying Categories
(1) Provision of Facilities for Pedestrians and Bicycles
~
1 of 8
Exhibit 2
IV. PROJECT DESCRIPTION AND LOCATION
Project Location: Hickory Street within the Central Business District
Address (if applicable):
County: Denton TxDOT District(s): Dallas F
Project Limits (point to point): Carroll Blvd to Elm St.; Locust St. to Railroad Rd.
Project Length (feeUmiles), if applicable: 5770 feet of sidewalks
Building Dimensions, (size in square feet), if applicable:
STATE OF TEXAS/LEGISLATURE
House of Representatives
District #: 64 Name: The Honorable Myra Crownover
District #: Name:
District #: Name:
State Senate
District #: 12 Name: The Honorable Jane Nelson
District #: 30 Name: The Honorable Craig Estes
District #: Name:
FEDERAL CONGRESSIONAL
House of Representatives
District #: 26
District #:
District #:
Name: The Honorable Michael C. Burgess
Name:
Name:
DESCRIPTION OF PROJECT:
(Limited to 1630 Characters)
The Hickory Street Corridor and Arts Walk will begin at Carroll Boulevard and extend east to
Elm Street, will exclude the block from Elm Street to Locust, and will then continue from Locu
Street to the proposed Denton County Transportation Authority Rail Station at Railroad Road.
All of the existing concrete sidewalks within both sections of the project will be removed and
replaced with 11' sidewalks edged by a brick detail 1 - 2 feet in from the curb. Pedestrian
lighting is proposed throughout the project as are trash cans, benches, bike racks, street trees
and landscaped corner beds and flower pots at various intersections. An irrigation system will
also be installed along the length of the project.
The drive lanes, currently three-wide, will be reduced to 2 lanes that are each 12' wide with
17' angle-in parking on the north side. The south side of the street will be devoted to an 8' bike
lane.
On the section from Locust Street to Bell Avenue (the Arts Walk), a lighted concrete/paver
median will be installed. This median will also contain street trees and the street along this
section will be resurfaced. A drainage system will also be installed in this section of the proje
ADDITIONAL INFORMATION REQUIRED
DIRECTIONAL MAPS, SITE MAPS, GENERAL FLOOR PLANS AND PHOTOGRAPHS - LABEL
AS 'PROPERTY DESCRIPTION AND LOCATION - ATTACHMENT A' (NO MORE THAN 10
PIECES)
2 of 8
V. PROJECT USE AND BENEFITS
A. Describe how the project will complement the movement of people and goods of the surface
transportation system:
(Limited to 800 CharacterS;
In addition to historic downtown Denton and the University of North Texas, the upcoming
arrival of passenger rail and construction of the transit station will create a third major
center in Denton's core. Plans are also underway to construct, through a public/private
partnership, a public parking garage and multi-use housing and retail center that will face
one block of the Arts Walk section of Hickory Street. This center is expected to provide
approximately 500 parking spaces as well as ground-level retail and upper-story
condominiums, exponentially increasing foot and vehicular traffic to the area. The Hickory
Street Corridor and Arts Walk will provide linkages between these all of these hubs,
allowing pedestrians and bicyclists to walk and ride to and from all points safely.
B. Describe the activities and benefits that the project provides under the category which it qualifies:
(Limited to 800 CharacterS;
The major centers of the University of North Texas, Downtown, and the future transit
station site are not fully connected. People in one center cannot move easily to the other.
Establishing effective linkages depends on creating a pedestrian- and bicyclist-friendly
environment that emphasizes people over cars. Streetscapes need to shelter pedestrians
from the sun, protect them from traffic and invite them to walk. The Hickory Street Corrido
and Arts Walk will provide pedestrians and bicyclists a safe, user-friendly connection from
the University of North Texas to historic downtown Denton and on to the soon-to-be
constructed Transit Station where students and commuters will be able to park their
bicycles (or vehicles) and use the train to go into the Metroplex.
C. Describe how the project will improve social, economic and environmental aspects ofthe area,
region or state:
(Limited to 800 Characters;
In today's environment of ever-increasing gas prices, providing a convenient, safe and
enjoyable way to use alternate means of transportation is imperative. The Hickory Street
Corridor and Arts Walk will encourage more people to park their vehicles and walk or bike
to their destination in Denton's core. This increase in pedestrian traffic through the creatio
of an inviting, walkable environment will not only lead to additional business development in
Downtown and stimulation of the local economy, but it will also reinforce the sense that
Downtown is indeed the heart and soul of the community - it is the place where people live
work and play. Also, by facilitating the move towards walking, biking and commuting on th
train, the project will help improve the local air quality.
D. Tell us who will benefit from the project and how:
(Limited to 800 Characters;
All of the people of Denton, university students and regional commuters will gain from this
project. By biking, walking or commuting to their destination, people will be contributing tc
the local economy, saving on gas money, improving air quality and their own health.
Additionally, projects that focus on connecting places really end up connecting people
which creates a social dynamic that ultimately enriches lives and crafts better futures for
individuals and for the society as a whole. The Hickory Street Corridor and Arts Walk has
the promise of doing just that for Denton.
3 of 8
VI. PREVIOUS ENHANCEMENT PROGRAM FUNDED PROJECTS
Has the nominating entity submitted any nominations under previous Transportation
Enhancement Program calls? a Yes a No
Has the nominating entity received funding for any nominations submitted under previous
Transportation Enhancement Program calls? a Yes a No
If yes, please input the total federal funding amounts and the number of projects selected:
Federal Funds: $ Number of Projects:
Total Number of Projects Completed:
Has this project been submitted in previous Transportation Enhancement Program calls?
aYes @No
Is this project a part of another previously selected Transportation Enhancement project?
aYes @NO
If lease describe (Umited to 900 Characters):
VII. PROJECTED TIME ESTIMATE
Estimate the amount of time it will take to complete the project from start to finish. Approximate
the time required for each activity. The activities can run concurrently causing the total time to be
different from the total of the activities. Consider time for (but not limited to):
Months
8
6
Planning Activities
(Executing contract, hiring consultant, planning, schematic and design, utility relocation,
etc...)
Environmental Clearance
(Assessments, possible mitigation for Hazardous Materials, permits, review by THC, COE,
etc...)
ROW Acquisition
(Surveying, appraisals, title transfer, clearance...)
Project Design and Plan Preparation of PS&E Package
(Including PS&E Review by TxDOT District, Austin Divisions, TDLR, and other agencies...)
Project Construction/Implementation
(Advertising/hiring contractor, demolition, construction, inspection...)
Other
o
8
8
Total Time in Months 30
4 of 8
VIII. ITEMIZED BUDGET SUMMARY
List all costs to be incurred by the nominating entity on attachment B for a complete cost
estimate. (No more than 10 pieces)
Do not include in-kind donations as costs in itemized budgets.
Preliminary EngineeringlArchitectural Planning Total:
Environmental Costs Total:
Real Property Costs Total:
Construction Costs Total:
Other Costs Total:
137,1771
30,4831
01
1,524,1931
01
1,691,8531
TOTAL ITEMIZED BUDGET:
IX. FUNDS REQUESTED
Total Itemized Budget (from above): 1 .1 1,691,8531
In-Kind Contributions (if applicable - apply values here):
Real Property
Materials
Preliminary Engineering (services)
*Totalln-Kind Contributions 2 .1 0 1
*All in-kind is limited to 20% of the total project cost and must provide supporting documentation. Label
attachments as 'In-Kind Contributions - Attachment C' (No more than 10 pieces)
1,691,8531
253,7781
1,945,6311
Subtotal Value of Project (Line 1 + Line 2)
TxDOT Administrative Expenses
Total Value of Project (Line 3 + Line 4)
Local Match:
20% of Total Value of Projects (Line 5) 6 . 389,126
Less In-Kind Contributions (Line 2) 7 . 0
Local Cash Match (Line 6 less Line 7) 8 . 389,126
If the local match on line 8 shows a total of "0", be aware that there will still be a minimum local cash
match required for TxOOT administrative cost. See instructions for more information.
Federal Funds Requested (~ofLine 5) 9 .1 1,556,5051
The minimum amount of local match required is 20%. Sponsors are not limited in their maximum local
match. If a larger local match is provided, please adjust accordingly the percentage shown on this page
for the local match.
( 15% of Line 3 )
3.1
4.1
5.1
This s ace for TxDOT use onl
5 of 8
X. PUBLIC INVOLVEMENT AND SUPPORT
(Label attachments as 'Public Involvement and Support - Attachment D')
A. Attach letters of support and other documentary evidence of public interest
(no more than 10 pieces)
B. Provide dates and information about public meetings and events held to discuss the project.
Limited to 1640 Characte
01/17/06 City officials presented project at a meeting of the Downtown Task Force, a 25-
member committee composed of concerned citizens
02/02/06 City officials presented project at a quarterly membership meeting of the Denton
Main Street Association, a 501 (c)6 not-for-profit corporation focused on
downtown revitalization and business development
03/17/06
Denton Mobility Committee meeting
03/21/06
Denton City Council meeting
C. Ranking by Nominator
2 of 3
XI. PROPERTY OWNERSHIP AND ACQUISITION INFORMATION
(Label attachments as' Property Ownership and Acquisition Information - Attachment E'. (No
more than 10 pieces) Provide a written statement from the current property owner stating
their willingness for sale, lease, easement or donation of the property, the fair market value,
and a description of the property's location.)
A. Who currently owns the property where the project is to be implemented?
The City of Denton
Will property be acquired for the project? 0 Yes
If yes, provide the following:
B. How will property be acquired?
Size (ac) Duration Owner
@No
Value
D Lease
D Easement
D Donation
D Purchase
Total Size I
01
01
6 of 8
XII. ENVIRONMENTAL PROJECT IMPACTS
(Label attachments as 'Environmental Impacts - Attachment F') (No more than 10 pieces)
By applying to the program you are agreeing to comply with all applicable local, state and
federal environmental laws, regulations and requirements, if your project is selected.
Attach any previously prepared environmental documentation to the application. If no previously
approved environmental documentation is available, the applicant must complete necessary studies
for selected projects if any, and have them approved prior to project implementation. Please indicate
below any anticipated impact the project is expected to cause. (This requirement does not apply
if the application is only for planning or educational and research studies that do not involve
construction activities.)
IMPACT:
Displacement of residences or businesses
Disruption of neighborhoods
Impacts to agricultural or recreational lands
Impacts to historical/archeological sites
Impacts to wetlands, streams, lakes, floodplains
Located within a coastal zone
Endangered species in area
Impacts to air/water quality
Adverse effects of noise
Hazardous waste site
YES
o
o
o
@
o
o
o
o
o
o
NO
@
@
@
o
@
@
@
@
@
@
Any county, state, and/or federal permits or approvals required will have to be secured by the applicant
prior to construction. These may include the Army Corps of Engineers, Office of Coastal Resource
Management, Coast Guard, Texas Historical Commission (State Historic Preservation Office), Lower or
Upper Colorado River Authority, Texas Parks and Wildlife Department, Texas Commission of
Environmental Quality, Texas Department of Licensing and Regulations, etc
Additional Comments (Limited to 830 Characters):
The City has contacted the Texas Historical Commission and will coordinate with them to ensure tha
the sidewalk reconstruction will have no adverse impact on buildings 50 years of age or older.
XIII. CERTIFICATION OF FUNDING AND SUPPORT
(Label attachment as 'Certification of Funding and Support - Attachment G') (No more than 10 pieces)
XIV. MPO and/or COG PROJECT SUPPORT (if applicable)
(Label attachment as 'MPO/COG SUPPORT - Attachment H') (No more than 10 pieces)-(if applicable)
Ranking by MPO/COG 9 of 55
XV. DETERMINATION OF ELIGIBILITY FOR THE NATIONAL REGISTER OF HISTORIC PLACES
(by the State Historic Preservation Officer) - (if applicable)
(Label attachment as 'Determination of NR Historic Eligibility by SHPO - Attachment I')
(No more than 10 pieces)
7 of 8
XVI. MAINTENANCE & OPERATIONS
A. Identi all parties res onsible for operation and maintenance of the rojects.
The City of Denton
B. Estimate the annual cost to operate and maintain the facility.
$1 25,0001
C. Identi the source of fundin .
The City of Denton general fund
D. Expected annual operational income from the facility.
$1 1
E. Intended use of that income.
COMMENTS:
Attendance at a 2005 Transportation Enhancements Workshop was STRONGLY encouraged.
Did anyone from the nominating entity attend a 2005 workshop?
o Yes @ No
Has an early review of the nomination been performed by the District?
o Yes 0 No
To be completed by TxDOT District Office:
Does the application contain all requested information?
o Yes
ONo
Signature of District Personnel/Date
Type or Print Name
Complete nomination packages must be received at the district by the final due date. One signed
original, twelve additional copies and a CD containing an electronic file of the nomination form in
Excel. The TxDOT District has the right to refuse a nomination if it is determined to be incomplete.
FINAL SUBMISSION DUE DATE
FOR ALL DOCUMENTATION
April 28, 2006 by 5:00 pm
8 of 8
Itemized Budget - Attachment B
Preliminary Engineering/Architectural Planning Costs:
Work Activities: Quantity Unit Unit Price Amount
Preliminary Surveying & Engineering 1 ea 137,177.00 137,177
0
0
0
0
0
0
0
0
0
0
0
Total: 1 137,1771
Environmental Costs:
Work Activities: Quantity Unit Unit Price Amount
Environmental clearance 1 e 30,483.00 30,483
0
0
0
0
0
0
0
0
0
0
0
Total: 1 30,4831
Real Property Costs:
Work Activities: Quantity Unit Unit Price Amount
0
0
0
0
0
0
0
0
0
0
0
0
Total: 1 01
1 of 6
Itemized Budget - Attachment B
Work Activities: Quantity Unit Unit Price Amount
Remove Concrete Sidewalk 3,205 SY 19.21 61 568
Remove Concrete Curb & Gutter 5,770 LF 6.78 39121
Remove Concrete Drive 704 SY 19.21 13,524
Handicap Ramps w/ truncated domes 14 EA 791.00 11,074
6" Concrete Driveway 704 SY 39.55 27,843
4" Concrete Sidewalk (11 ') 6,410 SY 34.00 217,940
Concrete Curb and Gutter 5,770 LF 10.17 58,681
Concrete Flatwork 196 SY 39.55 7,752
Concrete Saw Cut 560 LF 3.39 1,898
Asphalt Saw Cut 5,770 LF 1.70 9,809
Asphalt Patch 125 Ton 90.40 11,300
0
Brick pavers 8,370 LF 9.04 75,665
Trash cans 20 EA 1,130.00 22,600
Benches 6 EA 1,695.00 10,170
Bike racks 6 EA 565.00 3,390
Light poles and fixtures 54 EA 2,486.00 1 ~A. ?A.A.
0
0
0
Irrigation system 5,770 LF 5.65 32,601
Trees 120 EA 141.25 16,950
Flower pots 12 EA 1,695.00 20,340
2 gallon misc shrubs 210 EA 39.55 8,306
Tree grates 54 EA 904.00 48,816
0
Remove concrete drive 921 SY 19.21 17,692
Unclassified Excavation 3,492 CY 5.65 19,730
Compacted Fill 1,741 CY 9.04 15,739
Lime Treated Subgrade 9,834 SY 2.83 27,830
Lime Slurry 133 Ton 113.00 15,029
6" Concrete Driveway 921 SY 39.55 36,426
Concrete Curb and Gutter 3,166 LF 10.17 32,198
Concrete Flatwork 293 SY 39.55 11,588
Concrete Textured/colored rip/rap 718 SY 101.70 73,021
2" Asphalt Pavement Type D 8,000 SY 7.91 63,280
4" Asphalt Pavement Type A 8,000 SY 15.82 126,560
2" Asphalt Pavement Type A 9,528 SY 7.91 75,366
Concrete Saw Cut 14 LF 3.30 46
Asphalt Saw Cut 800 LF 1.70 1,360
Asphalt Patch 11 Ton 90.40 994
0
0
0
0
1 1,350,4501
20f6
Itemized Budget - Attachment B
Work Activities: Quantity Unit Unit Price Amount
10' Curb Inlet 10 EA 2,430.00 24 300
5x5 Junction Box 5 EA 2,260.00 11300
18" RCP 350 LF 48.59 17,007
24" RCP 200 LF 63.28 12,656
30" RCP 300 LF 81.36 24,408
36" RCP 200 LF 97.18 19,436
42" RCP 230 LF 113.00 25,990
48" RCP 300 LF 128.82 ~RAA.A
0
0
0
0
0
0
0
0
0
0
0
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0
0
0
0
0
0
0
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1 1,524,1931
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HANDOUT TO COUNCIL ~lli!P~
Effective Date:
Revision Dale:
Position 10: '
01106/2001
8/17/2004
.JN0010
Council
Appointed
Exempt
. qty of Denton
Job Description
Markel Band:
FLSA Designation:
Title:
City Manager
General Government I City Manager's Office
City Council
Department/Division:
Reports to:
Definition: Responsible for managing the operations of the City under the direction of City Council.
Essential Job Functions:
· Enforces and administers the provisions of the City Charter, City ordinances, laws governing
municipalities, and City Council
· Plans, coordinates, and directs the work of City departments, including City-owned utilities,
through delegation of authority and responsibility to Assistant City Managers and department
directors
· Attends regularly scheduled and special called meetings and participates actively in discussion of
matters coming before the City Council and recommends legislation and policies required in the
public interest
. Negotiates and recommends awards of contracts for materials, equipment, and services
· Meets with directors and'department heads to produce departmental budget estimates, proposes
an annual budget for the City with balanced' revenues and expenditures
. Represents the City in a variety of meetings and public functions
· Appoints Assistant City Managers and oversees hiring of department heads, subordinate officers,
employees and is the final reviewing authority on the termination of classified employees
. Meets with various subordinates individually and as a group to resolve organizational problems
and coordinate departmental work programs
· Coordinates preparation of all background material in connection with Council meetings; attends
and represents staff at all sessions
· Reviews proposed budgets with the executive staff; makes recommendations and presentations
of budget items to Council and conducts budget work sessions
· Meets personally with or receives phone calls from citizens who desire information or have a
complaint; investigates and ensures adequate responses; reviews mail and proposes appropriate
responses
. Heads the Executive Committee, which addresses problem-solving issues related to the
municipality; facilitates problem resolutions; initiates and approves policies
· Ensures that Assistant City Managers motivate their subordinate departments and divisions to the
highest level of performance, conducts annual reviews for Assistant City Managers and
subordinate supervisors' and managers' appraisals
· Makes major changes in the structure, methods, procedures and workflows of City departments to
reflect changes in mission, operational demands and relationships among departmental units
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN091 D). doc
'.
City Manager (JN0010).doc
Page 2 of 3
.~::. '~'i::;
".'~ ,:;'.
. .
. . ...- - .
. Performs a full scope of supervisory responsibilities including recruitlllent; selection" hiring,
training, counseling, and evaluation of employees
. Responsible for coordinating the short-range, long-range, and strategic planning of all City
departments; coordinates the activities of City government with other government agencies and
performs other related duties as required
Additional Duties:
. Performs other duties as assigned
Physical Requirements:
Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday,
[J
Sedentary
o
Light
o
Medium
o
Heavy
o
Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency,
Codes for "how often":
Y = Yes
E = extensive
(100-70%)
N= No
M = moderate
(60-30%)
I = infrequent
(20-10%)
A = almost never
(<10%)
Task Code Task Code Task Code Task Code
1, Standina I 6. Pushina/Pullina A 11.'Crawlina A 16. Vision Y
2. Sittino E 7. Overhead Work A 12. Bendina A 17. Hearina Y
3. Walkina A 8. Fine Dexteritv A 13. Twistina A 18. Talkina Y
4. Liftino A 9. Kneelina A 14. Climbina A 19. Video Displav Y
5. Carrying A 10. Crouching A 15. Balancing N 20. Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone,
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
. Master's degree in Public Administration, Business Administration or related field
. Five years of experience as a City Manager, Assistant City Manager or Deputy City Manager
OR
. Any combination of training and experience that provides the knowledge, skills and abilities
required
Conditions of Employment:
. Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C"
driver's license within 30 days of hire per state law)
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager {JN0010).doc
r:it\l M!Jn!JNor 11f\lnnotn\ ,.1__
_..~ ...-.........:::11..... ,.....""... 'v,.uv"",,
J:'age 3. of 3
. Must pass a drug test, driver's license check, criminal history background check, and social
security number verification check
Preferences:
· Bilingual in Spanish and English.
· Ability to communicate effectively both verbally and in writing
This job description is not an employment agreement, contract agreement or contract.
Management has exclusive right to alter this job description at any time without notice.
S:\HR Shared\City of Denton Job DescripUons\J-Executive Job Family\Clty Manager (JN0010).doc
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