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Home My WebLink AboutMay 16, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 16, 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, May 16, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive an update from the Chair of the Citizens Capital Improvement Program (CIP) Oversight Committee on the progress of the Five Year Capital Improvements program. 2. Receive a report, hold a discussion, and give staff direction regarding the Animal Shelter Cost Recovery Assessment. 3. Receive a report, hold a discussion, and give direction on the City Manager search process, to include authorization of the CAPR committee b use Ron Holifield, Owner and CEO of Government Resources, Inc. for assistance with the search process. 4. Receive a report, hold a discussion and give staff direction regarding the submittal of an application to designate a portion of the industrially zone area of Denton as a Foreign Trade Zone. 5. Receive a report, hold a discussion and give staff direction regarding the retention period for candidate/officeholder contribution/expenditure reports. 6. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of May 16, 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 City of Denton City Council Agenda May 16, 2006 Page 2 Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Consider and discuss status of litigation styled Tower v. City of Denton, Cause No. 4:05cv302, currently pending in the u.s. District Court, Eastern District, Sherman Division B. Deliberations regarding certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Consultation with Attorneys - Under Texas Government Code S551.071. 1. Receive a presentation and information from Denton Municipal Electric staff regarding public power and business matters respecting the pending request for proposals by DME; receive information and analysis regarding power purchase agreements and the power supply needs of the city; and discuss, deliberate, consider, provide staff with direction, consider a vote and take final action regarding the proposed Power Purchase Agreement by and between the City of Denton, Texas and Constellation Energy Commodities Group, Inc., a Delaware corporation, in order to provide a portion of the city's power supply needs. Receive a consultation with the city's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. 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 S551.086 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, S551.001, 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 S551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, May 16, 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." City of Denton City Council Agenda May 16, 2006 Page 3 2. PROCLAMA TIONS/PRESENT A TIONS A. Proclamations/Awards B. May 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 - L). 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 - L below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton approving a License Agreement between the Texas Municipal Power Agency ("TMP A"), and the City of Denton relating to the encroachment of city utilities, a portion of right-of-way and a storm drain across an existing TMP A Easement as part of the Wheeler Ridge Phase 4 improvements, located in the B. Merchant Survey Abstract Number 900, City of Denton, Denton County, Texas and being a portion of a certain called 253.926 acre tract of land described in the deed to Centex Homes, a Nevada general partnership, recorded in Volume 5105 Page 3753 of the Deed Records of Denton County, Texas. The Public Utilities Board recommends approval (6-0). B. Consider adoption of an ordinance of the City of Denton approving a License Agreement between TXU Electric Delivery Company ("TXU"), and the City of Denton relating to the encroachment of City utilities, a portion of right-of-way and storm drain across an existing TXU easement as part of the Wheeler Ridge Phase 4 improvements, located in the B. Merchant Survey Abstract Number 900, City of Denton, Denton County, Texas and being a portion of a certain called 253.926 acre tract of land described in the reed to Centex Homes, a Nevada General Partnership, recorded in Volume 5105 Page 3753 of the Deed Records of Denton County, Texas; and providing an effective date. (The Public Utilities Board recommends approval (6-0). C. Consider adoption of an ordinance approving a Professional Services Agreement between the City of Denton and R.W. Beck, Inc. to provide professional design and engineering services at the City's landfill; authorizing the expenditure of funds; and providing an effective date. The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda May 16, 2006 Page 4 D. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the installation of playground equipment and other renovations at Avondale and Civic Center Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 3493 - Avondale and Civic Center Park Playground Renovations awarded to Texas Environmental Management S.A., Inc. in the amount of $41,624.41). E. Consider adoption of an ordinance authorizing the partial abandonment of a 0.0275-acre public utility easement tract recorded in Volume 1018, Page 867 of the Real Property Records of Denton County, Texas situated in the S. Brewster Survey, Abstract No. 56. The Public Utilities Board recommends approval (6-0). F. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 23 relating to Police by replacing Article IV titled Police- Initiated Towing Services in its entirety with a new Article IV; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. G. Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 2. Pulte Homes of Texas Duplicate Payment 2005 $1,476.30 6. Countrywide/Fritsch, Hilton Duplicate Payment 2004 539.43 H. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by adding Section 18- 73; altering the prima facie speed limits established for ~hicles under the provision of Transportation Code, Section 545.356, upon the following roadways or parts thereof, within the incorporated limits of the City of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone ani then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date. The Traffic Safety Commission recommends approval (6-0). I. Consider adoption of an ordinance amending Chapter 18 of the Code of Ordinances to revise the school safety speed zones and times for various schools; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; providing for publication; and declaring an effective date. The Traffic Safety Commission recommends approval. J. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a Second Amendment to an Agreement with Terry D. Morgan & Associates, P.C. for professional legal services relating to pending litigation styled JNC Partners Denton, LLC v. City of City of Denton City Council Agenda May 16, 2006 Page 5 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. K. Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance No. 2005-024 providing for approval of a detailed plan for 24.8 acres located within Planned Development 132 (Pd-132) zoning district; the subject property is generally located on the south side of Pockrus Page Road, on the east side of Lakeview Boulevard in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, a severability clause and an effective date. (Z04-0024) 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding an Alternative Development Plan (ADP) :fir an Environmentally Sensitivity Area (ESA). The 71.01-acre ESA is located within the Unicorn Lake development, a 133.5-acre site located south of Interstate 35 East along both sides of Wind River Lane. The Unicorn Lake development is zoned Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use (NRMU-12), and Regional Center Commercial Downtown (RCC- D) zoning districts. The Planning and Zoning Commission forwards this item without reaching a consensus on a recommendation (3-3). (ADP06-0005, Unicorn Lake) B. Hold a public hearing and consider adoption of an ordinance concerning an Overlay District for approximately 47.4 acres of land in Unicorn Lake currently zoned NR-2 and NRMU-12 and generally located south of Windriver Drive, west of I-35E and east of Sundown Ranch. The Planning & Zoning Commission recommends approval of the Overlay Zoning District (6-0). (Z06-0010/DCA06- 0002) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2006 Action Plan For Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. B. Consider adoption of an ordinance amending Chapter 2, Article I of the of the Code of Ordinances of the City of Denton by adding Section 2-30 "Improper Disclosure of Confidential Information"; providing a penalty of a fine not to exceed five hundred dollars ($500.00); providing a severability clause; providing for publication; and declaring an effective date. City of Denton City Council Agenda May 16, 2006 Page 6 C. Consider adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2005-06 Budget and Annual Program of Services of the City of Denton for the Fleet Services Fund to allow for an adjustment of six hundred seventy five thousand dollars ($675,000) to provide for the purchase of fuel and its associated cost, declaring an emergency; and providing an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2005-06 Budget and Annual Program of Services of the City of Denton for the General Fund to allow for an adjustment of five hundred thousand dollars ($500,000) to provide for the expenditure of funds to cover the increased cost of electricity, declaring an emergency; and providing an effective date. E. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation to initiate the acquisition of land for transit facilities located in the Downtown area, and in the south part of the city of Denton; declaring an emergency to allow the funding for said project; and providing an effective date. (Land Purchase and Related costs-$1,400,000) F. Consider adoption of an ordinance of the City of Denton, Texas, to declare the intent to reimburse expenditures from the Solid Waste Rate Stabilization Reserve funds with the Solid Waste Certifications of Obligation to make capital expenditures to fund solid waste capital projects approved in the 2005-2006 Capital Improvement budget; and declaring an effective date. The Public Utilities Board recommends approval (6-0). G. Consider adoption of an ordinance approving a public at- grade railroad crossing agreement between the City of Denton and the Union Pacific Railroad Company (UPRR) covering the construction, maintenance, and use of a new Vintage Parkway at-grade public road crossing at railroad mile post 723.02-Choctaw Subdivision; providing for the permanent closure of certain railroad crossings and providing an effective date. H. Consider adoption of an ordinance of the City Council of the City of Denton, Texas concerning the consent to the creation of a municipal utility district, a fresh water utility district, and/or a water control and improvement district on an approximate 219 acre tract of land located in the city's extraterritorial jurisdiction requested by JNC Partners Denton, LLC; and providing an effective date. I. Consider adoption of an ordinance of the City Council of the City of Denton, Texas concerning the consent to the creation of a municipal utility district, a fresh water utility district, and/or a water control and improvement district on an approximate 623 acre tract of land located in the city's extraterritorial jurisdiction requested by White Cake Denton, L.P.; and providing an effective date. City of Denton City Council Agenda May 16, 2006 Page 7 J. Consider adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the Interim City Manager of a Power Purchase Agreement by and between Ciy of Denton, Texas and Constellation Energy Commodities Group, Inc., a Delaware Corporation; approving and authorizing the acceptance and approval by the Interim City Manager and City Attorney of a guarantee issued by Constellation Energy Group, Inc., a Delaware Corporation; authorizing and approving the execution of such other related documents, including, without limitation, certificates, assignments, licenses, directions, instruments, and statements by the Interim City Manager or his designee, which are incident or related thereto, as shall be reasonably determined by the City Attorney or his designee; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council members, its Interim City Manager, and its City Attorney or his designee shall be authorized and empowered to perform such acts and obligations as are reasonably required to consummate this transaction; ratifying all prior actions taken by the City Council in furtherance of the foregoing transactions; and determining that several of said agreements pertain to a "Competitive Electric Matter" as set forth under the provisions of SS551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that Texas Government Code S252.022(a)(15) applies; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; that the purchase of capacity and energy, and other related arrangements made by the City under the terms of this Purchase Power Agreement are in tre public welfare; authorizing the expenditure of funds therefor; providing an effective date. K. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Bob Clifton regarding city business. B. John Paul Eddy regarding volunteer work for the City. C. Mike Martinez regarding solicitor's permit regulations. D. Jordan Hudspeth regarding concerns of Southeast Denton. E. Lanisha Hudspeth regarding concerns of Southeast Denton. F. Hagar Hudspeth regarding concerns of Southe ast Denton. G. Willie Hudspeth regarding neighborhood concerns in Southeast Denton. L. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. M. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda N. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda May 16, 2006 Page 8 O. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 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 IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Utilities Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Receive an update from the Chair of the Citizens Capital Improvement Program (CIP) Oversight Committee on the progress of the Five Year Capital Improvements program. BACKGROUND On February 5, 2005 voters approved a City Council called bond election for a 5- Year Capital Improvements Program. Prior to the election, a Citizens Advisory Committee was appointed to make recommendations relative to the projects to be submitted to the voters. One of the recommendations from the Citizens Advisory Committee was the suggestion that a special committee be appointed by the City Council to monitor, evaluate and report on the progress of the Five Year Capital Improvements Program. The City Council accepted that recommendation on April 19, 2005 appointed a Five-Member Committee consisting of Mark Burroughs, Chair, Roni Beasley, Randy Robinson, Polly Diebel and Rick Woolfolk. This Committee was charged by the City Council to oversee implementation of the CIP and to make specific recommendations for all projects in the miscellaneous paving improvements, traffic signals, trails/linkages, beautification, and sidewalk/bikeway fund categories. The CIP Committee held three meetings this year, receiving reports from staff on project status and developing a user-friendly tracking and monitoring for the CIP projects. One of the issues that the CIP Oversight Committee is dealing with is the rIsIng cost of construction projects. Hurricanes Katrina, Rita, and escalating fuel prices have increased the costs of projects approximately 15% to 30%. The Oversight Committee has directed staff to explore options on how to augment CIP funding to allow for the completion of the approved CIP projects. The Oversight Committee will bring forward recommendations to City Council on options to provide additional funding for CIP projects and otherwise address changed circumstances affecting implementation of the 2004-2009 Capital Improvements Program. OPTIONS Not available at this time. RECOMMENDATION The Oversight Committee recommends investigating options to provide additional funding to complete all CIP projects. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On-going review by CIP Oversight Committee. FISCAL INFORMATION Not available at this time. EXHIBITS 1. CIP Summary Report 2. Minutes Respectfully submitted: .....~.. . .. . . . . . . .. .. .."". .". .. . . . . . . . .. . ... .. . ... .. . .. ..... .. .. .. . .. .... . . . . . ... . . ... . f1~~. ... ..... .... . ~~ .. 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"""" 00 ...t (V') 0) <D N <D """" o """"- 0) o o ...t N o 0)- o o o o o LO- <D (V') o o o o o LO- <D (V') m 15 15 :::l U) (/) c Q) E Q) > o a. .s ~ Co 0... u "00 ro CO o o o o o 0- LO 00 N- o o o o o 0- LO 00 N- o o o o o 0- LO 00 N- m 15 15 :::l U) (/) "'0 ill i.L u ~ ::c ~ o o o o o 0- LO LO """"- o o o o o 0- LO LO """"- o o o o o 0- LO LO """"- m 15 15 :::l U) C o :+:i "00 "S a- u <( "'0 C ro .....J LO 0) N N <D (V')- I'- o o o 00 o N- LO o ~ 0) N 0)- o o o o o LO- 00 o o o o o LO- 00 m 15 15 :::l U) (/) Q) :E "0 ro LL u ~ :::l a- <( o o o o o 0- LO N o o o o o 0- LO N o o o o o 0- LO N m 15 15 :::l U) (/) Q) :E "0 ro LL C o ~ Q) u Q) ~ o o o o <D 00- <D N.. o o o o """"- ...- o o o o o 0- 00 N.. o o o o o 0- 00 N.. m 15 15 :::l U) (/) Q) 0') "'0 &i 06 .!!2 "m ~ o o o o o o- N N.. 0) 0) I'- I'- ~ I ~ LO LO """"- """"- I'- I'- LO LO 0- 0- <D <D N N <D- O) <D- O) LO ~ N I'- 0)- N LO ~ N I'- 0)- N o o o o o o- N N.. o 0 o 0 o I 0 o 0 o 0 0- 0- o 0 I'- I'- 0- 0- o o o o o o- N N.. o o o o o 0- o I'- 0- o o o o o 0- o I'- 0- m 15 15 :::l U) C o ~ Q) u Q) ~ 06 (/) ~ Co 0... (/) ~ Co 0... m 15 I-- m 15 I-- C o ~ U i.i= ~ ro Q) CO 06 Q) a. ro u (/) "'0 C ro .....J ~W <(0... 0:::>- C)I-- Ol--<D O:::Ua Zo...Wa Ol--JN I-- Z 0 - djwg:g o ~ I.....J LL~~~ OO~~ >-O:::WLL !:::~OO U-LLU) .....JO<( <(.....J !:::W 0...> <(W U.....J 0') e Q) .c u .- e ro ro Em ~co "'0 Q) Q) "'00') e"'O Q) :J ~co 2 +-' e Q) Q) O')E "'0 +-' :J (fJ co.~ "'0 <( (fJ Q) u e ro .0 E :J U e W (fJ Q) .a is e Q) a. x W Q) 0') "'0 :J co e o ~ .5 (fJ Q) o t5 Q) .0' 0:: :t:I:: t5 Q) .0' 0:: Q) a. >. I-- t5 Q) .0' 0:: C e Q)Q)~ SEro m .9-.0 g- 5-:.:J OW ~ e 0') o e :~ is .~ :s Oco 0) I'-- C'\i <D 0) C")- <D 0) o o Lri N 0) <D- N N C'\i ...- 0)- o o o o o 0- o N- o o o o o 0- o N- m o 15 :J U) C C Q) Q) E E Q) Q) > > o 0 a. a. E E 0') 0') e e ~ ~ ~ .S .S .0 co co ro .~ .~ LL :0 :0 S :J :J Q) 0... 0... Z (fJ ~ m 0... o o o o o 0- o 0) o o o o o 0- o 0) o o o o o 0- o 0) m o 15 :J U) o o o o o 0- o 0) C")- I'-- 0 0 I'-- coaaco LriooLri 0) 0 0 0) I'-- 0 0 I'-- ...- 0 0 ...- coaaco LO LO co co co- C")- N- N LO ~I 0) I'-- LO- """" LO C")- <D ~I """" 0) <D- N C") o o o o o 0- o 0) C")- 0000 0000 ccioocci C") 0 0 C") LOaaLO """"- 0- 0- """"- LOaaLO "",,"LOCOI'-- N- C")- <D- o o o o o 0- o 0) C")- 0000 0000 ccioocci C") 0 0 C") LOaaLO """"- 0- 0- """"- LOaaLO "",,"LOCOI'-- N- C")- <D- m o 15 :J U) mmm 000 151515 :J :J :J U) U) U) >. :m ro U) .~ :0 :J 0... Q) u e ro e Q) C .m ~+-' O')e e Q) >'.- E ~ ~.9- ~ co 5- LLuW S :3 s Q) :J Q) zo...z 0') e .c e ro c:: >. :m ro U) .~ :0 :J 0... 000 000 000 000 000 0- 0- 0- 000 LO ...- <D LO- LO- 0- N LO ~ 0) I'-- LO- """" LO C")- <D ~ """" 0) <D- N C") 000 000 000 000 000 0- 0- 0- 000 LO ...- <D LO- LO- 0- 000 000 000 000 000 0- 0- 0- 000 LO ...- <D LO- LO- 0- mm 00 1515 :J :J U)U) m o I-- C Q) Q) u E ~ Q) e e~ ~~ 0') 0') e e ~~ .S .S coco .~ .~ :0:0 :J :J 0...0... (fJ Q) :E .0 ro LL (fJ Q) :E .0 ro LL m o I-- <D <D cci LO I'-- LO- """" ~ M N I'-- M I'-- I'-- o I'-- """"- I'-- N LO C'\i N I'-- N- I'-- <D C")- o I'-- ~ C") co co- """" 0) C")- N co ill LO o <D- C") C") C") o co <D C")- o """" N- o o cci C") LO """"- LO N LO- C") LO LO cci co N """"- LO o 00 o o cci C") LO """"- LO N LO- C") LO LO cci co N """"- LO o 00 C Q) E a. .S 0- W ~ 0') e ~ .S co 0... 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U rn Q.) >- L!) ro a I- ro a I- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 MINUTES CITIZENS ADVISORY OVERSIGHT COMMITTEE March 23,2006 After determining that a quorum of the Citizens Advisory Oversight Committee of the City of Denton, Texas was present, the Chair of the Citizens Advisory Oversight Committee convened into an Open Meeting on March 23,2006 at 1 :36 p.m. in the City Council Work Session room, 215 E. McKinney Street, Denton, Texas. Present: Chair Mark Burroughs, Roni Beasley, Randy Robinson and Rick Woolfolk Absent: Polly Diebel, excused Staff: Jim Coulter, Jon Fortune, Janet Fitzgerald, Linda Ratliff, Frank Payne, Bob Tickner, Gary Calmes, Cody Woods and Ann Forsythe 1) Consider approval of the Citizens Advisory Oversight Committee minutes of: a. January 12, 2006 The minutes were approved as circulated. 2) Consider approval of acceleration of $100,000 of $600,000 from the Clear Creek Natural Heritage Center bond funds. Janet Fitzgerald, Director of Parks and Recreation, reviewed the recommendation from the Mobility Committee to accelerate bond funding for site engineering, feasibility study and parking for the Clear Creek Natural Heritage Center. Committee Member Woolfolk requested that the DISD be involved with project. Committee Member Beasley clarified that bond money would not be used for building construction, and Fitzgerald replied that a private donation of $100,000 would be earmarked for construction of the building. Committee Member Rick Woolfolk motioned to approve with a second from Randy Robinson. The motion was approved by a vote of 4-0. 3) Receive a report, hold a discussion and provide a recommendation regarding proposed ordinances to certify funding and support of three projects to be submitted as part of the Texas Department of Transportation Statewide Transportation Enhancement Program (STEP) call for projects. Linda Ratliff, Director of Economic Development, provided an overview of three projects -- the Denton Downtown Multi-modal Station, the Hickory Street Corridor and Arts Walk and the Denton Branch Rail Trail Bridges projects. Ratliff also stated a total of 55 projects were submitted and that all three of Denton's were recommended and ranked within the top ten; the Transit Station was ranked number one, with the Arts Walk and the Bridges ranked ninth and tenth, respectively. Draft Minutes - CIP Oversight Committee Exhibit 2 1 March 23,2006 2 Page 2 of3 3 4 Ratliff stated that the grants would require a 20% match, and that staff had identified funding for 5 all three projects in the 2004-2009 CIP Bond Program. Staff asked that the Committee consider 6 using those monies as the 20% match. 7 8 Chair Burroughs asked if any of the three projects had assigned project numbers under the CIP. 9 10 Ratliff stated no. 11 12 Burroughs asked that future reports include columns indicating dollar amounts transferred to and 13 from with beginning and ending balances. 14 15 The Committee also asked that notations be made so that the next Blue Ribbon Committee 16 would be aware of projects that were under funded and where monies were shifted to complete 17 those projects. Staff was also asked to track grant projects, which required matching monies in 18 order to receive the grant. This would allow the next Committee to include contingency monies 19 in the next bond program package. 20 21 Committee Member Roni Beasley motioned with a second from Rick Woolfolk that the 22 Oversight Committee recommend that the City Council pass ordinances that certify 23 funding and support of the three STEP projects. The motion was approved by a vote of 4- 24 o. 25 26 4) Receive a report, hold a discussion and provide a recommendation regarding the North 27 Central Texas Council of Governments Partnership Program 3 Call for Projects. 28 29 Jim Coulter stated that there was a long list of projects and that COG had a small amount of 30 money to allocate across the region, and they try to balance their funding across time and various 31 programs. He stated that the door might not be closed on additional funding and that staff was 32 looking at taking a couple of traffic projects back for consideration. Staff would also be 33 bringing land acquisition for the transit center to the Committee to review and send to the City 34 Council. 35 36 Chair Burroughs asked what happens next. 37 38 Coulter stated that as soon as NCTCOG makes a decision, staff would take a second look at 39 projects, specifically Shady Oaks and Brinker Road because both are considered major 40 congested areas, and bring those to the Committee to review and make a recommendation to the 41 City Council. 42 43 5) Receive a report, hold a discussion, and give staff direction regarding the 5-year Capital 44 Improvement Program and reporting to the Citizens Advisory Oversight Committee. 45 46 Jim asked if the Committee had any questions about changes made to the reports. 47 48 Committee members liked the changes, especially the footnotes. The Committee did request that 49 new projects be added at the end of report, as well as a page with a supplemental listing of 50 projects that had been delayed or postponed due to inflationary costs. 51 1 2 3 Draft Minutes - CIP Oversight Committee 4 March 23,2006 5 Page 3 of3 6 7 6) Receive a report on the status of the Civic Center Pool Enhancement Project. 8 9 Janet Fitzgerald stated that only one bid had been received and it came in double the estimated 10 project cost. It was discovered when talking to the potential bidder that they had been unable to 11 get cost information from the slide manufacturer and had therefore increased their bid to cover 12 an approximate cost of the slide. With that information, staff decided to rebid with the hope that 13 construction will begin at the end of the season. 14 15 Roni Beasley asked what would happen with the Avondale Bridge. Fitzgerald stated FEMA is 16 requiring a flood study and staff will wait until FEMA completes that study before moving 17 forward with that project. 18 19 7) New Business: This provides an item for the Citizens Advisory Oversight Committee to 20 suggest items for future agendas or to request information from the City Manager. 21 22 Burroughs asked about a date for the next meeting. 23 24 Jim suggested the end of April when staff will have information on streets and results on the 25 partnership grant applications with NCTCOG. 26 27 Rick Woolfolk suggested that one way to build community support for the next bond package 28 would be for the Committee to give quarterly updates to the City Council. 29 30 The meeting adjourned at 2:25 p.m. AGENDA INFORMATION SHEET AGENDA DATE: May 16,2006 DEPARTMENT: Police ACM: Jon Fortune If SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Animal Shelter Cost Recovery Assessment. BACKGROUND In December 2005, Council received a report from staff regarding a number of changes that had occurred at the Animal Shelter during the past year. During the presentation, staff discussed the impact of housing animals for other jurisdictions under existing interlocal agreements. Subsequently, staff conducted a thorough cost analysis of the Animal Shelter operation in an effort to determine the actual cost of the services performed and the revenue generated by related fees for those services. The full cost analysis report, prepared by Andrea Gage and Susan Croff, is attached for review. Based on this report, staff is recommending a number of changes to the services offered and the related fees for those services. An Animal Shelter Proposed Fee Matrix is attached that offers a comparative look at the current fee structure and the proposed fee structure for these shelter services. A Fee Comparison for several area cities is also included for a comparison of the proposed fees with those of other shelters. The following is a breakdown of the respective service areas and recommended changes. Holding Costs By State law, stray animals that are picked up must be held for a minimum of three days to allow the owner time to claim them. Under existing City Ordinance, stray animals are held for a minimum of 96 hours. After the 96 hours have passed, the animal can be adopted, transferred, or euthanized. Animals held at the shelter from inter local agencies are held for 96 hours, and the inter local agency is billed for the animal. While the interlocal agreement does not specify a set time limit for billing, staff has been billing a maximum of four days (96 hours) to alleviate the perception that the City is holding inter local animals longer to generate funds. In the analysis, staff found that all animals are held an average of 7.68 days. This average holds true separately for city animals and for inter local animals. The extended timeframe indicates the efforts of the shelter staff to hold animals as long as safely possible to encourage more adoptions, reclamations, and transfers to rescue groups. 1 In terms of costs, the average daily cost for holding an animal in the shelter is $7.30. If the animals were only held for the mandatory 96 hours, the current fee structure would be sufficient to meet the incurred costs. However, since the average hold time for all animals is almost eight days, the current daily holding fee only results in the recovery of approximately half of the cost. The maximum amount billed to an inter local agency for holding an animal is $30. Animals picked up as strays inside the city limits that are not reclaimed by their owner do not generate any revenue to cover the holding costs incurred. Recommendation: Increase the daily holding fees to $8.00 for all animals. Extend the maximum billing timeframe for interlocal agencies to eight days, to reflect the actual average time these animals are held. These changes will serve to ensure that the interlocal agency animals and reclaimed animals will yield enough revenue to offset the cost of housing them. There is no effective means to offset the holding fees for the city animals that are held but not reclaimed. Adoption Costs Animals that have not been reclaimed after 96 hours, and that are deemed suitable by shelter staff, are eligible to be adopted by the public. In December 2005, the City began the new one-stop adoption process. At that time, the adoption fees were increased to cover the cost of the contracted veterinary service for examination and sterilization. While these new fees ensure that the associated vet expenses are covered for adopted animals, the cost of holding these animals the minimum of 96 hours brings the total cost for an adopted animal to $135. In terms of the interlocal agency animals, the current adoption fees and holding fees cover the cost for adoption. For city animals, there remains a negative balance of $15 - $25 dollars per animal, for cats and dogs respectively. Recommendation: While there remains a negative balance for city adoptions, staff believes that the current fees are competitive with other area shelters. Staff recommends leaving the adoption fees at the current rates. An increase in these fees would likely result in lower adoption rates, and therefore higher euthanasia rates and a further loss of revenue. Euthanasia Costs Animals at the shelter are euthanized under two different scenarios. The most common scenario involves an animal that is housed at the shelter as a stray and is not claimed, adopted, or transferred by a rescue group. These animals are kept in the shelter as long as there is sufficient space. The second scenario involves those animals that are brought to the shelter by individual citizens for the sole purpose of being euthanized due to disease or illness. The actual cost for euthanizing (and cremating) an animal is just over $25, not including any holding costs. All animals euthanized at the shelter are cremated. The current fee for euthanasia is $30. The total cost for an animal held in the shelter, euthanized, and cremated is $81. For the interlocal animals, the combined fees for holding and euthanasia do not cover the actual costs. This is, as stated above, due to the difference in billing 2 agencies for four days of holding while the animals are held an average of nearly eight days. For animals that are brought to the shelter to be euthanized, the current fee is sufficient to cover the costs incurred. Recommendation: The existing euthanasia fee covers the actual cost of euthanizing an animal. Given the proposed increase in holding costs and billing timeframes, staff recommends maintaining the current euthanasia fee. Cremation Costs The Animal Shelter operates a crematorium for the disposal of animal carcasses. These include animals euthanized at the shelter, deceased animals picked up from city streets, and animal carcasses brought to the shelter by area veterinarians or other governmental agencies. Under the existing "exempt" permit from TCEQ, the City can only charge a nominal fee to cover the manpower necessary to load and unload the crematorium. The shelter currently conducts the majority of cremations in a mass procedure. These mass cremations are charged at $5 per animal. The shelter also offers "private" cremations where the ashes of an individual animal are returned to the owner. Private cremations are charged $1 0 per animal. With the purchase of the new crematorium, the City was required to obtain a new permit from TCEQ. Staff opted to seek a "full" permit instead of the "exempt" permit for the crematorium. With the full permit, the City can charge a fee that includes cost recovery for the use of the crematorium, the gas necessary to operate it, and the staff time involved. Using figures from the new unit specifications and the capital costs, the cost to cremate an animal will be $11. Recommendation: Staff recommends increasing the per animal fee for cremation to $15. This will allow for recovery of the costs for all cremated animals except those strays from within the city limits that are euthanized at the shelter. Further, staff recommends the elimination of private cremations. There are several businesses that offer private cremation and/or burial services to the public. The staff time required to perform these private cremations is estimated at two hours per animal. In addition, these need to be performed separately. To accommodate this, the animals must be kept and maintained until they can be cremated. Overall, the service is time intensive for staff. Given the staffing issues at the shelter currently, the elimination of this service is beneficial to the animals in the shelter and the delivery of service to the general public. Reclaimed Animal Costs Animals housed in the shelter can be reclaimed by their owner. The owners of these reclaimed animals pay the impound and holding fees incurred by their animals for the duration of their stay at the shelter. The same fees apply to Denton residents and to residents served by our interlocal agencies. After payment of the related fees, there remains a deficit of $11 per animal. 3 Recommendation: Staff recommends maintaining current policy for reclaimed animals. Fees for reclaimed animals, given the changes in holding fees, are sufficient to offset the costs. Transferred Animals Animals not reclaimed after 96 hours are eligible to be transferred out to area rescue organizations. These organizations are non-profit groups that provide foster homes or other care for these animals. Because of this, the City does not charge rescue organizations to transfer animals from the shelter. Including holding costs, a transferred animal costs the city an average of $62. Interlocal agencies pay for the $30 holding fees for their animals. City animals that are transferred do not bring in any offsetting revenue. Recommendation: Staff recommends the continuation of the current transfer policy. The benefit of transferring animals out to rescue organizations cannot be overstated. These organizations alleviate much of the overcrowding in the shelter and serve to lower the need to euthanize. There is significant positive impact for the City and the shelter from the relationship with these rescue organizations. Capital Expenditure/N ew Shelter In December 2005, Council received a feasibility study on the current shelter from Connolly and Associates. The feasibility study recommended the construction of a new shelter. In the cost analysis, staff projected the impact of building a new shelter based on the numbers provided by the feasibility study. One of the primary questions in approaching a new shelter is whether or not the inter local agencies will continue to participate and under what terms. Currently, the interlocal agencies pay on a per animal basis. Many area shelters that house animals for other jurisdictions provide for the inter local agencies to pay for the daily care of the animals as well as an annual payment for a portion of the operating /capital costs. As shown on page 6 of the cost analysis, the construction costs for a new shelter can be assessed to inter local agencies based on the percentage of the overall animal population they bring to the shelter. By structuring this arrangement in this manner, each agency would be paying for their portion of the new shelter over a set period of time. This is cheaper for these agencies than building their own shelter, yet it alleviates some of the financial burden of the citizens of Denton to house these inter local agency animals. Recommendation: Staff recommends the pursuit of the contractual arrangement for a new shelter where inter local agencies pay for a prorated portion of the capital expense and a daily per animal fee like that in place currently. Additional Issues Although not outlined in the cost analysis, one of the primary issues involved in continuing to allow interlocal agencies at the shelter is the security of the shelter. Currently, inter local agency officers have full access to the building after hours. They are free to bring in animals after hours, and there is no means to ensure that these animals are logged in or that they are healthy. As pointed out in the December 2005 Work Session, there are numerous instances where animals "appear" in a cage without any identifying 4 paperwork. This creates issues for proper billing, and often results in the City carrying the full price for holding the animal. In some cases, animals are brought in without paperwork and are in obvious physical distress. These animals are treated when found by City staff the following morning, but the City is responsible for the payment of medical bills, etc. Recommendation: Staff recommends limiting access to the shelter after hours. When an inter local agency picks up an animal after normal shelter hours, they can contact the Police Department and have the on-call Animal Services Officer paged to respond to the shelter. The on-call officer will then meet the interlocal agency officer and log in the animal and ensure it is not in obvious distress. The interlocal agency will then be billed a separate fee that covers the average on-call overtime rate for the officer. This will ensure that all animals are accurately accounted for, and the related fee will cover the cost to the City. Respectfully submitted, ;,.;: ~ ....~ -~-- ~". ..T . .. :-''1.. !.. ;t..... ..-.-';'.:'~-:. _:;: . :- ~ "" =.... ;, . ~ Charles Wiley Chief of Police Prel?ared by: JI: .... . . .... ... .. .j ....:;:;..:.... .. ....--:.; .jO_~ .... .. Scott Fletcher Lieutenant Operations Bureau 5 ~ .- :- .......- ~ ~ ~ ~ ~ ~ ~ rL1 o C. o :- ~ :- ~ .......- ~ ~ ~ 00 ~ ~ e .- = -< III ~ ~ a -a < ~ u "'C QJ ;. QJ > o ~ QJ ~ ~~ 0\ -.::::t o ~ ~ ~ ~ "'0 ~ 0 a,) 0 ~-.::::t 0\0 o f.F7 00 f.F7 "'C QJ ;. 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MCKINNEY ST, DENTON, TEXAS 76201 · (940) 349-8996 · FAX (940) 382-7923 Animal Shelter Cost Analysis Project 2006-0002 April 2006 Prepared By: Andrea Gage, Internal Auditor Susan Croff, Utility Process/Quality Control Auditor Dedicated to Quality Service www.cityofdenton.com Animal Shelter Cost Analysis Project 2006-0002 Purpose Statement During April 2006, Internal Audit performed an analysis of the costs associated with the City's Animal Shelter. The analysis was performed to assist management in segregating and aligning costs to determine an appropriate cost of service. The costs reviewed, included direct, indirect and debt or capital expenditures. Additionally, costs of service were analyzed to include the proposed cost of capital structures and additional personnel. An additional option was explored to determine if it would be beneficial for either a non- profit organization or the County to take over Shelter operations. Results Based on the review, it was determined that approximately 32% of the total animals taken in by the Shelter were obtained through Interlocal Agreements with surrounding agencies. However, these animals generated over 49% of the Shelter's total revenues. Attachment A is provided to show a breakdown of related revenues and expenditures. Animal Shelter fees and associated costs were evaluated based on the following areas: . Holding Fees/Costs . Adoption Fees/Costs . Euthanization Fees/Costs . Cremation Fees/Costs . Reclaimed and Transferred Animal Fees/Costs . Proposed New Capital Structures Further, as a result of the analysis, observations were made by Internal Audit and are provided at the conclusion of this report. These observations and the contents of this report are the opinions of Internal Audit personnel and do not attest to the accuracy of data provided by Animal Shelter staff, nor any conclusions outside the scope of the analysis. Holding Fees/Costs Holding fees are charged to customers reclaiming their impounded animals, as well as to inter local agencies. The current charges are $15 for the first day and $5 for each additional day. Although contrary to the contractual arrangements with inter local agencies, the City only charges these entities $15 for the first day and $5 for each additional day up to three days, for a total of $30, regardless if the City keeps that animal for a longer period of time. On average, animals are maintained in the shelter 7.68 days. 2 Animal Shelter Cost Analysis Project 2006-0002 Based on the analysis, it appears the estimated cost to hold an animal one day is $7.30 when the City is maintaining animals brought in by inter local agencies. This equates to an average holding cost of approximately $56 per animal. However, if fixed costs remain static and the City no longer accepts inter local agency animals, the cost per animal day goes up to $10.77 or $83 per animal. These costs were determined based on the assumption that other services are going to be charged to the customers/agencies in a separate fee, (for example, adoption fees, euthanization fees, cremation fees, etc.). Holding Fees/Costs Revenues Animals Animals Interlocal Denton Total ($30 per Animal) * Interlocal Denton Revenue Revenue Revenue Adoptions 211 611 $6,330 $-0- $6,330 Transfers 243 461 7,290 -0- 7,290 Reclaimed 301 413 9,030 12,390 21,420 Euthanized 640 1,451 19,200 -0- 19,200 Total Revenues (4,331 1,395 2,936 $41,850 $12,390 $54,240 animals) Avg. Revenue per Animal $30 $4 $13 Holding Costs Holding Costs ($7.30/day - $78,203 $164,593 $242,795 average stay 8 days) Cost Per Animal $56 *Interlocal are currently charged a maximum of 4 days only. Adoption Fees/Costs Adoption fees are charged to customers at a rate of $110 per cat and $120 per dog. The fees were established to pay for the veterinary expenditures, as well as the administrative time necessary to process the adoptions. Additional revenue is obtained related to these animals if they were acquired from an interlocal agency. These agencies pay up to $30 in holding fees associated with each animal adopted. Based on a review of holding expenses, veterinary expenses and labor/administrative expenses, the total cost per adopted animal is approximately $135. Holding expenses were included in the evaluation because these costs are not considered in the determination of adoption fees. 3 Animal Shelter Cost Analysis Project 2006-0002 Adoptions Adoption Revenues Interlocal Denton Only Annual Total Animals 211 611 822 Revenue ($110/Cat, $120/Dog) $24,312 $70,265 $94,577 Avg. Revenue per Animal $115 Adoption Costs Vet Costs 14,283 41,361 $55,644 Labor Costs 2,391 6,926 $9,317 Total Adoption Costs $16,674 $48,287 $64,961 Cost Per Adopted Animal $79 Holding Costs $11,828 $34,253 $46,081 Total Costs $28,502 $82,540 $111,042 Cost per Animal including Holding Costs $135 Euthanization Fees/Costs Euthanization fees are charged to customers at a rate of $30 per animal. The fees were established to pay for the direct costs associated with the euthanasia process, as well as the administrative time necessary to perform this activity. Additional revenue is obtained related to these animals if they were acquired from an inter local agency. These agencies pay up to $30 in holding fees associated with each animal. Based on a review of chemical and supply expenses and labor/administrative expenses, the total cost per euthanized animal is approximately $25. Euthanizations Revenues Interlocal Denton Only Total Animals 640 1,451 2,091 Revenues - ($30/animal + $5 Cremation*) $19,200 $5,079 $24,279 A vg. Revenue per Animal $30 $4 $12 Costs Annual Supply/Chemical $4,336 Labor 35,048 Gas 5,360 Crematorium Capital 6,734 Total Costs $51,478 Total Cost Per Euthanized Animal $25 * Euthanization Revenues generated by Interlocal Animals do not include a $5 fee for Cremation. These agencies are only charged $30 per animal Euthanized. Other animals brought in to be Euthanized are charged the additional $5 fee for Cremation. 4 Animal Shelter Cost Analysis Project 2006-0002 Cremation Fees/Costs Cremations are charged to customers at $5 or $10 depending on whether it is a common or private cremation. The fees were established to recover labor costs only, due to a specific restraint within the current permit. A new permit will allow charging of all costs associated with cremation. The Shelter is currently in the process of purchasing a new crematory. The related $90,000 in capital expenditures, $900 in permit fees and anticipated gas expenditures were taken into consideration for purposes of determining a cost per animal cremated. The estimated annual cost of the crematory, including finance charges is $7,400. Based on this analysis, these expenses, as well as the associated labor/administrative expenses, incurred during this process resulted in an estimated cost of $11 per animal. It should be noted that the efficiency of the new crematory should reduce gas usage to allow a savings of approximately $12,000. This efficiency was taken into account in the following evaluation. Cremations Revenues Interlocal Denton Only Total Animals * 128 290 418 Revenues - ($5-$10) $640 $640 Avg. Revenue per Animal $5 $0 $2 Costs Crematory 1,860 4,140 $666 Gas Costs 2,294 5,106 $1,071 Labor Costs 4,406 9,807 $2,860 Total Costs $8,560 $19,053 $4,597 Cost Per Cremated Animal $11 * This represents animal carcasses brought in for sanitary dispositions only. Reclaimed and Transferred Animal Fees/Costs The remaining animals that are not adopted or disposed, are either reclaimed by their owners or transferred to another agency. Customers reclaiming their animals are charged an impound fee ranging from $20 to $70 per incident, and holding charges at rates of $15 for the first day and $5 for each additional day. Animals transferred to other agencies do not generate revenue other than a maximum of $30 in holding fees associated with animals obtained from interlocal agencies. 5 Animal Shelter Cost Analysis Project 2006-0002 Based on a review of labor/administrative expenses associated with these animals, the cost per reclaimed animal is approximately $11. Reclaimed Reclaimed Revenue Interlocal Denton Total Animals 301 413 714 Revenue - Impound Fee ($20-$70) $6,020 $8,260 $14,279 Av~. Revenue per Animal $20 Labor Costs $3,397 $4,692 $8,089 Cost Per Animal $11 Proposed New Capital Structures The following information evaluates the land and building that were proposed in 2005 for $3,955,000. The evaluation shows the additional costs per animal per day. Alternatively, it also provides the calculation of the capital costs as if the interlocal agencies were to partner and share in their portion of the debt. That portion is based on the number of animal days associated with those animals occupying the current shelter from March 2005 through February 2006. The capital evaluation uses a 5.75% interest rate for financing costs over a 20-year and 30-year period. Land - 7 acres Building Architectural Fees $ 105,000 3,500,000 350,000 FINANCING Total Interest (5.75%) Annual Payment Other Cash Outlay - Cost for animal relocation Per Animal per Day Annual cost per Agency (based on current oA.) Denton Denton County Corinth Roanoke Krum 3,955,000 $6,664,176 $8,308,912 $2,709,176 $4,353,912 $ 333,209 $ 276,964 $10,000 $10.02 $8.33 $223,250 73,306 19,993 13,328 3,332 $185,566 60,932 16,618 11,078 2,770 6 Animal Shelter Cost Analysis Project 2006-0002 Increase per animal for each increase in FTE Rate for 2 Additional Description Daily Rate (8hrs) Staff Average Hourly Rate (with benefits) $ 22.32 Rate per day $178.56 $357.12 Average # of Animals per day 91 91 Cost per animal day $ 1.96 $ 3.92 Cost per animal $ 15.68 $ 31.36 Observations Interlocal Agreements: As shown in Attachment A, approximately 32% of the total animals taken in by the Shelter were obtained through Interlocal Agreements with surrounding agencies. However, these animals generate nearly 50% of the Shelter's total revenues. Without the interlocal revenue, the estimated cost per animal-day increases from $7.30 to $10.77. If Interlocal Agreements are abandoned and steps are not taken to reduce costs, the City will see a reduction in revenue and an increase in costs per animal. Alternatively, consideration should be given to continuing services to other agencies through Interlocal Agreements. However, once full capacity is reached, limitations on the amount of activity accepted from other agencies, will need to be considered. Although contrary to the terms of current Interlocal Agreements, the City only charges these agencies $15 for the first day the animal is maintained and $5 for each additional day, up to three days, for a total of $30, regardless if the City keeps that animal for a longer period of time. On average, animals are maintained in the shelter 7.68 days which equates to a cost of approximately $56 per animal. Shelter personnel should consider charging these agencies for the number of actual days the animals are maintained in the Shelter, as stated in the Agreements. Agencies could also negotiate alternatives, should they choose to limit the holding period. Discussions with Shelter personnel indicated that other municipalities currently charge their interlocal agencies, one daily/per animal rate which includes operational costs and the costs to perform other functions associated with placing or disposing of the animals (as opposed to charging these agencies separately for each activity). If this form of agreement is reached with the City's Interlocal agencies, the increased cost per animal- day is calculated at approximately $10.11 or $78 per animal. Holding Fees: Costs incurred to hold an animal for the average of 7.68 days are approximately $56. The revenues received, related to holding these animals, currently do not cover these costs. For this reason, Shelter personnel should consider increasing the holding fees to a more appropriate level. 7 Animal Shelter Cost Analysis Project 2006-0002 Cremation Fees: Costs incurred to cremate an animal are approximately $11. The fee of $5 associated with this service is lower than the related costs. Shelter personnel should consider establishing cremation fees which more adequately cover the related costs. Additionally, personnel should consider establishing one fee for disposing of an animal which covers the costs of both euthanizing and cremating the animal. Capital Structures: Animal Services is likely a public service that will not operate at a profit or a breakeven point. However, care should be given to monitoring or covering costs when possible. Capital expenditures need to be evaluated very carefully as they will only increase the tax support necessary to provide the service with an unlikely ability to recoup the cost over the extended period of time. Consideration to outsourcing this function would also be affected by the ability to recover costs. If outsourcing is obtained, it would likely require some type of subsidy. Sources of Data Revenue, expenditure and statistical data were obtained from various sources to perform the review. The main sources of this information included actual expenditure data for Fiscal Year 2004-2005, current expenditure data related to some functions when changes in operations surrounding that function, had occurred, current personnel services expenditure data and statistical information obtained from the Animal Shelter's activity tracking database. Some limitations existed, however Internal Audit felt that the data, although known to contain errors, was within an acceptable range for estimated costs analysis. Following is a listing of those limitations: . Statistical data was obtained from Animal Services management personnel and was not verified to the source to ensure its accuracy. . The database information obtained from the Animal Shelter's tracking database did not correspond to the data obtained from various Veterinary expenditure documentation. . Many of the costs and revenues were derived by evaluating the budget as a whole and then breaking out the expenditures and revenue based on activities. 8 U) n;n; '0 E I- .c <C U) c :8~ co c EO Q) a- U U) c c o 0 +:i+:i co co .~ ~ co a- .cU '$~ w <C ..... c: Q) E .c: (J ns ..... ..... <C ?fl. n; ...... o I- o 0) N "C Q) E "n; U Q) 0:: ~ ~ v U) a- Q) ..... U) c co a- I- U) c o +:i C. o "C <C ~ <D V ~ ~ <D U) Q) +:i .> +:i (.) <C UJ I- Z en :J(ii o .s (J c ...J<( <C 5 :Ec z~ <C I I I nil B .E! c: Q; l ~ -I C ~! E e.! ni B ~ ~ ~ ~ ~ ~ ~ EeEe V ~ILn 0 010 o r---- l""" 0) 1.0 l 'llt <D_ ~-l,........ ~_ CO-l N... ~ g!~ ~ ~I~ ~~I~ ~~I~ I~ lo l~ ~!~ <DIeD ~I~ ~ g!~ ~ ~!~ ~~IN ~I~ 010 010 NIN mlO)'" ~I~ ~I~ o 0)10) 0 010 <D ~l""" 0) ~lN N.. 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E 0 UJ ~'* g-~~.c o ::C>(f.)C)uj (J r---- N ~ o v ~ <D <D V m ~ ~ ~v COv ~ <D_ <D 1.0 V 1.0 ~~ 0) CO 0_ CO ~ v CO 0) ~ ~ r---- ~ ~ 0) ~ ;R ~ I'- u) ~ a 25 a a a- m ~ C) Z C ...J o :I: C) Z C :J ...J (J >< W W :J Z W > w 0:: 0') c :c (5 :::I: U) n; E .C <C n; ...... o I- c .g "C Q) E "n; U Q) 0:: U) a- Q) ..... U) c CO a- I- U) c "2 U) Q) +:i .> +:i (.) <C Q) ::J C Q) > Q) 0:: n; ::J C c <C n; ...... o I- C) Z C ...J o :I: C) Z C :J ...J (J >< w UJ I- UJ o (J ~ <D o o N N ~ LO <( c CO E ..c u jg ~ (ii c u: ~ a.. o AGENDA INFORMATION SHEET AGENDA DATE: May 16,2006 DEPARTMENT: Human Resources CM: Howard Martin, 349-8232 .. SUBJECT Receive a report, hold a discussion, and give direction on the City Manager search process, to include authorization of the CAPR committee to use Ron Holified, Owner and CEO of Government Resources, Inc. for assistance with the search process. BACKGROUND On March 21, 2006, Council was briefed by Mayor Pro-tem McNeill (as chair of the CAPR committee) on a potential search process for the City Manager position. Since that time, the CAPR committee has met with Ron Holifield, Owner and CEO of Strategic Government Resources, Inc., to determine how he could assist with the search process. PRIOR ACTION/REVIEW The CAPR committee met with Ron Holifield on April 19, 2006. FISCAL INFORMATION Ron Holifield will charge $200 per hour for his services. The total fiscal impact will depend on the services requested by the CAPR committee and the amount of time he has to spend on these services. When asked about marketing the position to secure candidates, accepting and screening resumes, and making a recommendation to the committee on the top candidates, he stated that this has typically taken him 50 to 60 hours with past searches. If this were true for the City Manager search, this would equate to $10,000 - $12,000. EXHIBITS 1. Ron Holifield's Resume R~ d: ~. .." .. . u.M-Ji Carla J. Romine Director of Human Resources RESUME RONALD MACK HOLIFIELD December 2005 Business Address: 2332 Ember Woods Roanoke, Texas 76262 817-741-2331 Email: Ron@GovemmentResource.com PROFESSIONAL HISTORY January.. 1999 to Present - Strate2ic Government Resources.. Inc. Owner and CEO of this strategic management firm, assisting local governments and companies who do business with local government. Specialties include leadership and management development and training, facilitating aggregated buying agreements, developing various innovative public private partnerships, and providing management consulting for local governments and non profits, including team building, goal setting and strategic visioning, as well as executive search. Clients have included over 100 local governments, as well as NASA, TXU, Oncor Utility Solutions, Dallas Tornados Soccer Club, Accountability International, ViON, Storage Tek, SportsCenter, Energy Technology Group, Options Real Estate, BSW Chambers of Commerce, and others. Most recently led the creation and launch of the North Texas Municipal Alliance, comprised of over 70 local governments to provide high quality, low cost training for local government employees. I previously launched the IG National Purchasing Alliance, and Good Stewards, a cooperative buying alliance of churches and non profits. Interviewed, and/or quoted by various news publications on issues related to local government including Texas City Manager Magazine, Government Technology Magazine, GovWire Online Magazine, Federal Computer Week Magazine, CIO Magazine, Dallas Morning News, Piano Star Courier, DFW Tech Biz, Today Newspapers, Focus on the News, D Magazine, International Association of Chiefs of Police Journal, WOAI TV and KRLD Radio. AU2ust.. 1996 to Seotember.. 2001 - Governmental Relations Soecialists Owner and CEO of this 20 year old governmental consulting firm, specializing in representing businesses doing business with government, and in legislative advocacy efforts. I bought the business in 1995. During my tenure as owner and CEO, the business doubled in size, after which I sold it to one of my employees, to focus more of my efforts on a second business I had begun (Strategic Government Resources, Inc.). Major clients included American Express, Aramark, Automated Licensing Systems, Children's Comprehensive Services, Executone, IBM, Quorum Health Group, Library Systems and Services, PeopleSoft, SCT, Space Imaging, TXI, Verizon, Waste Management of North America, and Xerox, among others. Exhibit 1 RONALD MACK HOLIFIELD Page 2 of6 October.. 1994 to AU2ust.. 1996 - City of DeSoto.. Texas City Manager of this highly diverse suburban community, located 20 minutes south of downtown Dallas. I was hired to lead a rapid cultural change at City Hall, with a specific challenge to transform the organization from one known for being highly bureaucratic, stagnant, and ineffective in economic development, into one known for being aggressively customer service driven, highly successful in the economic development arena, and operating in a very cost effective manner. Significant accomplishments include being named by Texas Business Magazine as one of the top twenty Texas cities to relocate a business to (evaluations were based upon pro business environment, cost of doing business, infrastructure and city services, crime and quality of life); and being named by Texas Business Magazine as one of the "Best Run Cities in Texas" (evaluations were based upon the strength of top management, fiscal responsibility, staff diversity, and vision as well as the quality of services delivered). Later, Texas Outlook Magazine also named DeSoto as one of the top 25 Texas Cities for economic development. Other significant achievements include dramatic improvements in all financial operating systems, complete overhaul of the city's personnel systems, implementation of the city's first comprehensive long range capital improvements program, substantial increases in the city's fund balances, increase in commercial building permits in excess of 1000% over the previous year, and attainment of the lowest crime rate of any major city in the Dallas-Fort Worth Metroplex. November.. 1991 to June.. 1994 - City of Garland.. Texas City Manager of this rapidly growing city which owns and operates an electric production and distribution system, a regional wastewater treatment system, a regional landfill, a heliport, a variety of social services and strong cultural arts. The ninth largest city in Texas, Garland's current population is in excess of 220,000 with over 2300 employees, and an annual operating and capital budget in excess of $350,000,000. I was hired in 1991 to take this very traditional manufacturing based community, and rapidly position it as a statewide leader, transforming its' one dimensional image and reputation as a blue collar suburb into a leading first tier city. Specific City Council goals established and achieved during my tenure include: Financial Management - Strengthen the financial position of the City, and overhaul the City's financial and budgetary systems to make them more accountable and understandable; make Garland's cost of services more competitive with area cities; minimize dependence on debt; and, operate City utilities as if they were private enterprises. Economic Development - Reinvigorate the City's economic development program, positioning Garland as the statewide leader in demonstrating that strong environmental policies and strong economic growth efforts are compatible; and enhance citywide housing and neighborhood standards. Quality of Life - Provide Garland with a national profile in the Arts; dramatically improve Garland's commitment to basic infrastructure repair and replacement; make Garland the safest city in the Metroplex; and, revitalize downtown. Organizational Excellence - Establish an organization whose diversity reflects the community; establish routine evaluation of privatization alternatives; introduce benchmarking as the basis for effective performance measurement; dramatically improve citizen communication and trust in the integrity of local government; create an innovation-minded organization, known for a results- orientation, and capable of overcoming traditional bureaucratic mind-sets and obstacles. RONALD MACK HOLIFIELD Page 3 of6 December.. 1986 to November.. 1991- City of Piano.. Texas Served in a variety of capacities in this very rapidly growing, premier city, including: Assistant City Manager of Community Services, Assistant City Manager of Administration, Acting Assistant City Manager for Development, and Assistant to the City Manager. Significant accomplishments while with Piano included: . Designed an Affirmative Action Program which doubled mid- and upper-level management representation in four years while maintaining a "best-qualified" standard. . Designed a Disadvantaged Business Purchasing Program that dramatically increased minority business contracts without quotas. . Served as Project Manager for a $19.5 million Civic Center Project, bringing it in $2 million under budget. . Assisted in negotiating details of the JC Penney headquarters relocation from New York City to Piano. . Created Piano's first Convention/Visitor's Bureau, becoming a highly effective city department which exceeded year six sales and bookings projections in the first year. . Initiated Piano's first Neighborhood Integrity Program, protecting neighborhood stability. . Achieved a $750,000 sales tax windfall for the city by creatively designing construction contracts for two large economic development projects (EDS and JC Penney). . Designed an Employee Wellness Program which resulted in participant health care costs equaling only one-third those of non-participants. 1984 to 1986 - City of Farmersville.. Texas First City Manager of this full service city, including an electric distribution system and two city lakes. Major achievements were in the areas of growth management, infrastructure improvements and municipal finance. 1982 to 1984 - City of Sundown.. Texas City Manager of this full service city including a natural gas distribution system and municipal golf course. Major achievements were in the areas of economic development, public/private partnerships, infrastructure improvements, and municipal finance. 1981 to 1982 - City of Lubbock.. Texas Administrative Intern to the City Manager of this major city, including a municipally owned electric utility. Primary accomplishments were in the area of performance measurement. RONALD MACK HOLIFIELD Page 4 of6 EDUCATION Texas Tech University - Masters of Public Administration Abilene Christian University - Bachelor of Arts, Government Major, Student Association President MAJOR MUNICIPAL MANAGEMENT AWARDS for My Organizations Named "One of the Ten Best Managed Cities In Texas", by Texas Business Magazine, 1995 Named as one of the "Top 20 Cities to Relocate Your Business To", by Texas Business Magazine, 1995 Named "One of the Top 25 Cities for Economic Development", by Texas Outlook Magazine, 1996 3CMA Economic Development Marketing Campaign Savvy Award Certificate of Excellence for International Development and Local Realtor Ads, 1994 International Association of Chief's of Police, Excellence in Policing Award for Neighborhood Service Team, 1994 Finalist, Governor's Environmental Excellence Award, 1994 Texas Natural Resource Conservation Commission Award for Excellence, 1993 American Society of Landscape Architects, Texas Chapter, Environmental Stewardship Award for Garland's Spring Creek Forest Preserve, 1993 Dallas Business Journal, "Metroplex Real Estate Deal of the Year (Existing Building)", 1992 GFOA Award for Distinguished Budget Presentation, 1992, 1993, 1994, 1995, 1996 GFOA Certificate of Achievement for Excellence in Financial Reporting, 1992, 1993, 1994, 1995, 1996 PROFESSIONAL PARTICIPATION Author of a Monthly Column in Texas City Manager Magazine on "Innovations that Make a Difference". 2004-present International City Management Association, 1982-present Texas City Management Association, 1982-present ICMA Task Force on Employment Agreements, 2001-2003 ICMA Management Innovations Panel, 1999-2000 ICMA Conference Evaluation Committee, 1999 ICMA/Innovations Groups National Management Practices Panel, 1995-1996 "The Public Executive's Complete Guide to Employment Agreements", book published by ICMA and the Innovations Group, 1996 Texas Innovations Group Executive Committee, 1992-1996 "Crossing Department Lines - Garland's Neighborhood Service Team" article published in the International Association of Chiefs of Police National Journal, 1994 "Redefining Thinking, Structures and the Rules of the Game in Government", article published in Texas Town and City Magazine, 1993 Texas Innovations Group Executive Committee, 1992-1996 RONALD MACK HOLIFIELD Page 5 of6 Contributor to State Comptroller Bob Bullock's handbook for municipalities: "Standard Financial Management System for Texas Cities" Texas Municipal League Advisory Committee on Legislative Affairs - Personnel Issues Texas City Management Association Ethics and Professional Standards Committee Texas City Management Association Annual Conference Committee PROFESSIONAL AND OTHER HONORS American MENSA member Keynote Speaker, Urban Management Assistants Annual One Day Conference on "Innovative Revenue Sources for Cities", 2005 Speaker, Leadership Southwest, on "How to Successfully Run for Office", 2004 Speaker, International City Manager's Association Annual Conference, on "Contract Negotiations", 2003 Keynote Speaker, (along with Paul Wolfowitz, Deputy Secretary of Defense) Government Electronics and Information Technology Association, Information Technology and Defense Electronics Forecast Annual Conference, on "Homeland Security Opportunities at the State and Local Level", 2002 Speaker, Transforming Local Government Conference, on "Doing Business with Local Government, 2001 Speaker, National Association of Counties Annual Conference, on "Doing Business with County Government", 1999 Speaker, World Services Congress, on "Building Public Private Partnerships", 1999 Speaker Central Texas City Manager's Association, on "Contract Negotiations", 1999 Speaker, Carolinas-Virginia Hospital Trustee/Physician Conference, on "Effective Government Relations", 1999 Speaker, Quorum Ohio CEO's Conference, 1999 Speaker, Chairman of the Board In Service Training, Quorum, 1999 Speaker, Quorum Foundations for the Future, on "Effective Grass Roots Advocacy",1999 Distinguished Alumni, Abilene Christian University, 1999 Session Facilitator, ICMA Annual Conference, on "Evaluating the Performance of the City Manager", 1998 Speaker, Quorum Chairman of the Board Training, on "Advocacy Leadership", 1998 Abilene Christian University Public Administration Visiting Committee, 1992-1998 Speaker, Iowa Municipal Management Institute, 1997 Speaker, Quorum Foundations for the Future, on "Effective Legislative Advocacy", 1997 Speaker, Quorum Board of Trustees Training, on "Legislative Leadership", 1997 Speaker, UMANT/COMPAINFBPA Joint Workshop on Organizational Transformation, 1996 Speaker, Innovations Groups Regional Conference on "Contract Negotiations", 1996 Speaker, Texas City Manager's Assoc. Annual Conference, 1996 Speaker, Florida City/County Management Association Annual Conference, 1996 Speaker, North Carolina City/County Management Association Annual Conference, 1996 Speaker, Quorum Foundations for the Future, on "Effective Grass Roots Lobbying", 1996 Speaker, International City Management Association National Conference Speaker, Texas City Manager's Assoc. Conf. on "Serving Changing Councils" Speaker, Kansas Innovations Group Regional Workshop on "Beyond Community Policing" RONALD MACK HOLIFIELD Page 6 of6 Speaker, 3CMA National Conference on "Marketing Your City" Speaker, NLC Innovations in Government National Conference on "Cluster Management and Neighborhood Service Team Concepts" Texas Tech University, Center for Public Service, Alumni of the Year Speaker, Innovation Groups Regional Workshops on "Making Your City More Productive" Speaker, TX Foundation for the Improvement of Local Government Institute COMMUNITY ACTIVITIES Board Member, Wildwood Home Owners Association, 2003-2004 Chairman, Keep Dallas County Beautiful Commission, 1999-2003 Texas Tech Public Service Network, Board of Directors, 1997-2002 Dallas Fort Worth Film Commission Board of Directors, 1990-2001 Dallas County Parks and Open Space Board, 1998-1999 City of DeSoto Charter Commission, 1988-1999 Oak Cliff Chamber of Commerce Governmental Affairs Committee, 1996-2000 Oak Cliff Chamber of Commerce Community Development Committee, 1996-1997 Oak Cliff Chamber of Commerce Red Bird Economic Development Committee, 1995-1997 DeSoto Chamber of Commerce Governmental Affairs Committee Lions Club of DeSoto, YMCA of Garland, Board Exchange Club of Garland Garland Crime Stoppers, Board of Directors Garland Civic Theater, Board of Directors Presbyterian Hospital, Seay Behavioral Center, Advisory Board, President-Elect Piano Rotary Club, Board of Directors Piano Balloon Festival, Board of Directors Boy Scouts of America, High Lakes District Nominating Committee Piano Chamber of Commerce Legislative Committee AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: May 16, 2006 Economic Development Howard Martin, 349-8232 - SUBJECT Receive a report, hold a discussion and give staff direction regarding the submittal of an application to designate a portion of the industrially zone area of Denton as a Foreign Trade Zone. BACKGROUND Over the last fifteen years, we have had a several requests from prospects for industrial sites that are located in a Foreign Trade Zone (FTZ). The closest FTZs are in Dallas and at Alliance Airport. Lately, our requests for FTZ sites has increased, and we have had interest from existing businesses as well. Establishing a FTZ for Denton provides us with another tool in our economic development incentive tool box to recruit businesses that have substantial activity in importing and exporting - businesses that currently will not consider Denton as a location. In addition, a FTZ is helpful in business retention. We have at least two companies at the Denton Airport that are involved in import/export activities. They would like to increase the activity but the costs related to duties prevent them at this time. We have one business that has been aggressively recruited by the Waco Economic Development organization to be located in their FTZ. Some of the incentives include free rent for three years, reduced electric rate and tax abatements. The company wants to remain in Denton, but the attractive incentives are enticing. We have attached a list of Texas Foreign Trade Zones. If directed by Council, staff will return requesting approval of a resolution of support for establishment of a Foreign Trade Zone. The next step would be to approach the County and Denton Independent School District for their support documents. All three must be indicated support before the application can be submitted. What is a Foreign Trade Zone? FTZs are the result of an Act established by Congress in 1934. The purpose was to expedite and encourage foreign commerce, to stimulate international trade, and to create jobs and investment in the United States. FTZs are restricted access sites (usually warehouses or factories) that are in or adjacent to a Customs Port of Entry. Though located within the United Sates, goods brought into the zone are considered outside of the U.S. commerce and outside of U.S. Customs jurisdiction. The merchandise is treated as though it has not yet entered the U.S. With the establishment of a FTZ, Denton would become a Customs Port of Entry. - 1 - Companies interested in FTZ locations are those that are involved in import and export activities. By obtaining FTZ status, they can reduce the amount and number of payments made to u.s. Customs and reduce their transit time by bypassing u.s. Customs. They are required to have secure facilities and track their goods according to FTZ standards. What activity is permitted in the Zone? . Merchandise in a zone may be assembled, exhibited, cleaned, manipulated, manufactured, mixed, processed, relabeled, repackaged, repaired, salvaged, sampled, stored, tested, displayed and destroyed. . Manufacturing, processing, and any activity that results in a change of the tariff classification must be specifically approved by the us FTZ Board. . Retail trade is prohibited. Benefits to the City . The FTZ places Denton in the position to attract businesses that currently cannot locate in Denton. . The City's Airport will be able to better compete with other airports. . Stimulate international trade activity. . Stimulate leasing activity at the Airport. . Help attract foreign activity and encourage retention of domestic activity. Benefits for companies in the FTZ . Duty Exemption on Re-exports: If merchandise is exported after being placed in a FTZ or shipped to another FTZ and then re-exported, no duty is ever paid. . Relief from Inverted Tariffs: If foreign merchandise is brought into a FTZ or sub- zone and manufactured into a product that carries a lower duty rate, the lower rate applies. . Duty Elimination on Waste and Scrap: No duty is charged on most waste and scrap from production in a FTZ. . No Duty on Rejected or Defective Parts: Merchandise found to be defective or faulty may be returned to the country of origin for repair or to be destroyed and no duty is paid. . Duty Deferral: No duty is ever charged on merchandise while it is in a FTZ and there is no limit on the length of time merchandise may be kept in the FTZ. - 2 - . No Duty on Domestic Content or Value Added: The "value added" to a product in a FTZ (including the manufacturer using domestic parts and cost of labor, overhead, and profit) is not included in its dutiable value when the final product leaves the Zone. Final duties are assessed on foreign content only. . Relief from State and Local Ad Valorem Taxes: Foreign merchandise stored in a FTZ or merchandise held in a zone for export is not subject to any state or local ad valorem taxes. . Duty Savings on Sales to the u.S. Military, NASA, or other Governmental Agencies: Generally, no duty is assessed when Zone merchandise is sold to the u.S. Military, NASA or other governmental agencies. ESTIMATED SCHEDULE OF PROJECT If approved, there will be two projects running simultaneously. Projects 1. Avionics International Supply, Inc. (AIS) will apply for a Temporary FTZ. The cost to AIS will total approximately $40,000. The temporary zone would only involve their operation and would expire in two years. 2. General Purpose Zone. This project would establish the Airport and surrounding property/businesses that are interested in participating. A General Purpose Zone takes approximately two years to receive designation and costs approximately $50,000. Businesses that wish to activate their Zone Status would incur the same $40,000 costs that AIS will invest. Process Steps 1. Completion of the application: Includes analysis and explanation of the economic need for the zone. 2. Review Process: Includes responding to questions by the Department of Commerce and also garnering political support from state and federal representatives and senators. 3. Application Approval 4. Zone implementation: Involves the zone Guarantee working with Economic Development staff and the zone users. FISCAL INFORMATION Proposed cost sharing: . The estimated total budgeted amount for the FTZ establishment is $50,000. . Steps one and two of the process will consume $15,000 - $25,000 of the budget. - 3 - . We propose the city engage in cost sharing with the surrounding airport property owners and businesses in the $50,000. At the time of preparing this material, Chamber and City Economic Development staff have visited with Granite Properties, May Day Manufacturing, and David Martino regarding inclusion of their property within the FTZ. All have indicated they would be interested in participating. Staff has an appointment with Peterbilt a few days prior to the May 16th Council meeting and will report on their comments and any fiscal impact involved should they choose to participate. In addition, we will schedule visits to the remaining property owners in the Airport/Industrial area. . During our discussions with the potential participants, we discussed how the costs could be shared. It was recommended that pro-rating the costs by acres included in each property owner's portion would be fair. Below is a breakout of the estimated costs among the proposed cost sharing entities: Rayzor Site 1 Rayzor Site 6 Granite Martino Chester Site 4 Campbell Site 5 Airport Peterbilt Mayday TOTAL 731 149 65 3 46 168 400 60 35 1657 $22,058 $4,496 $1 ,961 $91 $1 ,388 $5,069 $12,070 $1,811 $1,056 $50,000 Rayzor Site 1 Rayzor Site 6 Granite Martino Chester Site 4 Campbell Site 5 Airport Peterbilt Mayday TOTAL 350 o 65 3 o o 400 o 35 853 - 4 - $20,516 $0 $3,810 $176 $0 $0 $23,447 $0 $2,052 $50,000 Impact on Ad Valorem Revenue Case Study: . AIS is an existing company that leases airport property. . They currently pay city, county, and DISD ad valorem taxes on their inventory and fixed assets. . The following chart shows the inventory value and ad valorem paid to the three taxing entities. . Less than 50% of AISs current taxable inventory would be eligible for FTZ status. The loss of revenue to the City would not exceed $2,400 annually. . AIS indicated they would need to expand their facility to accommodate the growth they plan with the FTZ designation. This will create additional ad valorem revenue that will not be exempt. Total Less County Ad DISD Ad Total Description A . d Inventory Freeport Valorem on Valorem on Inventory ppralse V I Value a ue Exem ption Inventory Inventory Revenue Improvements 196,992 0 0 0 0 0 0 Inventory / Equipment 266,863 265,391 0 265,391 654 4,947 7,215 Inventory / Equipment 2,111,506 1,934,846 1,567,806 367,040 905 6,842 9,978 Inventory 171,835 171,835 0 171,835 424 3,203 4,672 Equipment 47,610 0 0 0 0 0 0 TOTAL 2,794,806 2,372,072 1,567,806 804,266 1,982 14,992 21,865 FTZ Cost to City In addition to the loss of revenue from the existing inventory that would become exempt from ad valorem taxes, the City's portion for the Foreign Trade Zone designation could range from $12,000 to $24,000. This cost would be incurred due to the inclusion of the Airport property. PRIOR ACTION/REVIEW The Economic Development Partnership Board received a report on the FTZ application and requested staff to move forward investigating participation possibilities and to forward to City Council for approval. The Chamber Board of Directors also received a report and recommended approval. - 5 - EXHIBITS Texas Foreign Trade Zones Respectfully submitted: Linda Ratliff, Director Economic Development Department - 6 - (f) w z o N W o <( 0:: I- Z C) W 0::: o LL (f) <( >< W I- CI) c: o N .:: U) .~ c: CO c. E o o en w z o N W C ~ I- Z C) C W (1) ~ K o ~ LL.s> ~ec3 >< ~.~ ~ 0 ~ _ C CI) 8 CI) w C C co ~ t5~ ~ c: o ~ (.) .3~ a.. o 0) ro "'0 I C o ~ o a. o U ~ 1U <u a. o Q) (1) C co (5 =1:1: C CI) ~ c: ~ o u N~ N o Z N l- LL C o oo :::::s o I (/) (1) ::c .x (1) u:: CO (1) (/) a. 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(") '0 ~E~~ ~-~~~ u c 0 Q) o Q) 00 2 ~ t:';<'~ .3~~0 00 v o ~ L!) f'-.... f'-.... v ....... o v Q.) 0) co 0... L!) o (") f'-.... f'-.... >< I- (") Q)- v o "'f C (J') o (") UL!) __- <D Q) (") ~e U5ro rJ) u "5> Q) ~~ ~ E- o E o 0 (") I- Q)~ e c 6 ~ UU L!) ~ <D Q) N E ~B> c N 0 ~~ AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEP ARTMENT: City Manager's Office eM: Howard Martin SUBJECT Receive a report, hold a discussion and give staff direction regarding the retention period for candidate/officeholder contribution/expenditure reports. BACKGROUND Mayor Pro Tem McNeill has requested this item be placed on a work session for discussion. In 1989, the State Legislature passed H.B. 1285, the Local Government Records Act. This Act mandated uniform standards and procedures for the maintenance, preservation, microfilming and disposition of local government records. The Government Code Section 441.158 provides that the Texas State Library and Archives Commission shall issue records retention schedules for each type of local government. These schedules establish mandatory minimum retention periods for the records listed. No record listed in these schedules may be disposed of prior to the expiration date. The City of Denton has filed a Declaration of Compliance with the Records Scheduling Requirements of the Local Government Records Act. This Declaration adopts the record control schedules that comply with minimum requirements established on records retention schedules issued by the Texas State Library and Archives Commission. Schedule EL, Retention Schedule for Records of Elections and Voter Registration, sets the mandatory minimum retention periods for records associated with the conduct of elections and the registration of voters. Record 3125.01 "Campaign Finance Reports and Filings" sets the retention period at "date of filing plus two years." This retention period is prescribed by Texas Election Code, Section 254.040(a) which states that "each report filed under this chapter shall be preserved by the authority with whom it is filed for at least two years after the date it is filed." In order to retain these records past the mandated minimum retention period, the City would have to petition the Texas State Library and Archives Commission to approve an amended records control schedule for that record type. Public demand for access to this particular record is minimal, reaching its height during the election season when candidates seek information on who is contributing money to their opponents. Respectfully submitted: Jennifer Walters City Secretary AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Utilities Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton approving a License Agreement between the Texas Municipal Power Agency ("TMP A"), and the City of Denton relating to the encroachment of city utilities, a portion of right-of-way and a storm drain across an existing TMP A Easement as part of the Wheeler Ridge Phase 4 improvements, located in the B. Merchant survey abstract number 900, City of Denton, Denton County, Texas and being a portion of a certain called 253.926 acre tract of land described in the deed to Centex Homes, a Nevada general partnership, recorded in volume 5105 page 3753 of the deed records of Denton county, Texas. The Public Utilities Board recommends approval (6-0.) BACKGROUND Staff has approved the construction plans for the public improvements associated with the Wheeler Ridge Phase 4 Addition conveyance. All required public utility easements, drainage easements and street right-of-ways has been conveyed by the Final Plat of Wheeler Ridge Phase 4 Addition. The City of Denton seeks formal permission and acknowledgement of the proposed public improvements within the boundaries of a existing TXU electric easement. TXU has agreed to the encroachment on their easement using their standard License Agreement as a vehicle for formal consent. OPTIONS 1. Approve the License Agreement 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the License Agreement ESTIMATED PROJECT SCHEDULE Summer 2006 PRIOR ACTION/REVIEW This item was presented to the Public Utilities Board at their May 8, 2006 regular meeting. The Public Utilities Board recommends approval 6-0. FISCAL INFORMATION N/A EXHIBITS 1. Location Map 2. Ordinance 3. License Agreement 4. PUB Minutes Prepared by: Mark A. Laird Right-of-way Agent Real Estate and Capital Support Respectfully submitted, -----~-- . .. . . . . . . .. .. .."". .". .. . . . . . . . .. . ... .. . ... .. . .. ..... .. .. .. . .. .... . . . . . ... . . ... . f1~~. ... ..... .... . ~~. .. Jimmy D. Coulter Director of Water/Wastewater Water Administration 2 North WeJ't r.aJ't Denton State School ROBINSON HICKORY CREEK ~ LAKE SHARON POCKRUS ~ <:( o f-- (f) o a.. Exhibit 1 S:\Our Documents\Ordinances\06\TMPA Encroachment Ordinance. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMP A"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF CITY UTILITIES, A PORTION OF RIGHT-OF-WAY AND A STORM DRAIN ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE WHEELER RIDGE PHASE 4 IMPROVEMENTS, LOCATED IN THE B. MERCHANT SURVEY ABSTRACT NUMBER 900, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A CERTAIN CALLED 253.926 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP, RECORDED IN VOLUME 5105 PAGE 3753 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and the Texas Municipal Power Agency ("TMP A") in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating City utilities and public right-of-way within a TMP A Electric utility easement as described therein. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the attached Agreement and to exercise all rights and duties of the City of Denton under the Agreement. 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: Exhibit 2 APPROVED AS TO LEGAL FORM: EDWIN SNYDER, CITY ATTORNEY BY: ~. ~?~. .___~r: ~ ~.... --~"_/- 2 LICENSE AGREEMENT RELA liNG TO ENCROACHMENT ON EASEMENT Date: March 28, .200.6 ... File Code: T-16, D-3.6 . Re: West Denton-Corinth 138 kV Transmission Line. Dear Sir: The City of Denton (hereinafter referred to as User) has requested permission to use the area within the boundaries of Texas Municipal Power Agency's (TMPA) West Denton-Corinth 138kV Power Line Easement located in the vicinity of FM 2181 and Hickory Creek Rd, in Denton County, Texas, for a portion of a street (Hickory Creek Rd.). a drainage for a storm drain outfall, and for public utilities (electric, water and sewer) associated with the Wheeler Ridge Phase 4 Subdivision. TMPA is agreeable to the construction of the foregoing Street, Drainage and electrical improvements referred to collectively as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawingl marked Exhibit IIAU and incorporated herein, and subject to the following terms and conditions: 1. It is understood and agreed that TMPA holds easement rights on or owns the property involved; therefore, User will be required to obtain whatever rights and permission, other than TMPA's, that are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver .of any rights held by TMPA under its easement. 2. To the extent permitted by law, user shall defend~ indemnify and hold harmless TMPA, its Officers, Directors, Employees and Agents from and against any and all claimst expenses, (including attorney fees), damages) losses and j.udgments whether for bodily injury including death or damage to property, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. 3~ Use of drag line or other boom-type equipment in connection with any work to be performed on the TMPA easement by User, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other applicable safety or clearance requirements~ Notwithstanding anything to the contrary hereint in no event shall any equipment be within. fifteen feet of the TMPA power line situated on the aforesaid property~. Exhibit 3 User must notify the Supervisor of Transmission, Tom Chambersf at (936) 873-1125 or (936) 873-2013, 48 hours prior to the use of any boom-type equipment on the TMPA easement. 4. It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to) building, light standards, fences, shrubs, trees or signs unless approved in writing by TM P A. 5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 6. TMPA will not be responsible for any costs of construction, operation and maintenance of User's encroaching facility. It is further agreed that TMPA shall not be liable for any damage to the encroaching facility herein agreed to as a result of TMPA's use pursuant to its easement. Any TMPA property damaged or destroyed by User or its agents shall be repaired or replaced by TMPA at User's expense and payment is due upon User's receipt of an invoice from TMPA. 7. Blasting is not permitted on the TMPA right of way. 8. Grading shall be done in order to leave the right of way in as near as possible to present condition. Spoil dirt and all trash shall be removed from the right of way. Slopes shall be graded so that TMPA vehicles may transit the right of way when required to maintain TMPA's facilities. 9. Shoring shall be required where approved excavation is within 10 feet of a structure and shall extend 20 feet each side of the centerline of the structure. Shoring shall be sufficient to withstand the added load of the structure and its footing. Ditches shall not be left open for extended periods of time. Shoring shall be removed and ditches properly backfilled as soon as practical. Backfill shall be thoroughly tamped. Water tamping shall not be permitted within this area. 106 The TMPA right of way shall be protected from washing and erosion by a method approved by TMPA. 11. Construction equipment and materials shall not be stored on the right of way during construction. 12. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after TMPA notifies User of such default, TMPA may at its election forthwith terminate this agreement and upon such termination all of Userls rights hereund~r shall cease and come to an end. This agreement shall also terminate upon the abandonment of the encroaching facility. -"" If the foregoing terms and conditions are acceptable to The City of Denton, please have the original and a copy of this letter agreement signed and returned to me at Texas Municipal Power Agency, P~O~ Box 7000t Bryan~ Texas 77805 within 30 days for final approval by TMPA~ This letter agreement shall be effective only after final approval by TMPA~ Yours very truly, Hubert Nelso land Supervisor ACCEPTED: APPROVED: City of Denton Texas Municipal Power Agency By: L~ l~ By: Title: Title: General Manager Date: Date: Encroachment: Denton Steam - Corinth North Wert am SoUth HICKORY CREEK EXHIBIT IIAII Denton State School ROBINSON Location ~ < o LAKE SHARON VICINITY MAP ~ ~ ~ ~ . .. .. . . ~ ~ I ----- l "\l~~~~- " r 1 ~,----_..- , . ~ " "-, i ~ __~c-- . ",~ ' ~ ~ ;> '"-,, "-" ; ~ ',~ "- I '\~ '. 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I I BS!i J.JI(I,I.'I'1 ll1l....;u"IQJ,..., 6MfU1QJ.,'1'1 1IIJ.L'l'iII1o~.\~1E'IoI _1'.Il~ 1:tIi\~~c 1'1>>'1 r>>t..~~I\:.l ~'t - ~:l ~ I i 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 May 8, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair called the meeting to order at 9:01 a.m. Monday, May 8, 2006 in the Service 7 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 8 9 Present: Chair Newell, George Hopkins, Bill Cheek, John Baines, Phil Gallivan and Bob 10 Bland (arrived at 9:07 a.m.) 11 12 Absent: Dick Smith, excused 13 14 Ex Officio Member: 15 Howard Martin, Interim City Manager 16 17 CONSENT AGENDA: 18 The Public Utilities Board has received background information, staff's recommendations, and 19 has had an opportunity to raise questions regarding these items prior to consideration. 20 21 1) Consider recommending adoption of an ordinance of the City of Denton approving a License 22 Agreement between the Texas Municipal Power Agency ("TMPA"), and the City of Denton 23 relating to the encroachment of city utilities, a portion of right-of-way and a storm drain 24 across an existing TMP A Easement as part of the Wheeler Ridge Phase 4 improvements, 25 located in the B. Merchant Survey, Abstract No. 900, City of Denton, Denton County, Texas; 26 and being a portion of a certain called 253.926 acre tract of land described in the deed to 27 Centex Homes, a Nevada general partnership, recorded in Volume 5105 Page 3753 of the 28 Deed Records of Denton County, Texas 29 30 2) Consider recommending adoption of an ordinance of the City of Denton approving a License 31 Agreement between TXU Electric Delivery Company ("TXU"), and the City of Denton 32 relating to the encroachment of public utilities, a portion of street right-of-way and storm 33 drain facilities across an existing TXU Easement as part of the Wheeler Ridge Phase 4 34 improvements, located in the B. Merchant Survey, Abstract Number 900, City of Denton, 35 Denton County, Texas. 36 37 3) Consider recommending approval of an ordinance authorizing the partial abandonment of a 38 0.0275 acre public utility easement tract recorded in Volume 1018, Page 867 of the Real 39 Property Records of Denton County, Texas situated in the S. Brewster Survey, Abstract No. 40 56. 41 Board Member George Hopkins moved to approve Item 1 through 3 with a second from 42 Board Member Bob Bland. The motion was approved by a vote of 6-0. 43 Exhibit 4 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Utilities Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton approving a License Agreement between TXU Electric Delivery Company ("TXU"), and the City of Denton relating to the encroachment of City utilities, a portion of right-of-way and strom drain across an existing TXU easement as part of the Wheeler Ridge Phase 4 improvements, located in the B. Merchant Survey Abstract Number 900, City of Denton, Denton county, Texas and being a portion of a certain called 253.926 acre tract of land described in the deed to Centex Homes, a Nevada General Partnership, recorded in Volume 5105 Page 3753 of the Deed Records of Denton County, Texas; and providing an effective date. (The Public Utilities Board recommends approval (6-0). BACKGROUND Staff has approved the construction plans for the public improvements associated with the Wheeler Ridge Phase 4 Addition conveyance. All required public utility easements, drainage easements and street right-of-ways will be conveyed by the Final Plat of Wheeler Ridge Phase 4 Addition. The City of Denton seeks formal permission and acknowledgement of the proposed public improvements within the boundaries of a existing TXU electric easement. TXU has agreed to the encroachment on their easement using their standard License Agreement as a vehicle for formal consent. OPTIONS 1. Approve the License Agreement 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the License Agreement ESTIMATED PROJECT SCHEDULE Summer 2006 PRIOR ACTION/REVIEW This item was presented to the Public Utilities Board at their May 8, 2006 regular meeting. The Public Utilities Board recommends approval 6-0. FISCAL INFORMATION N/A EXHIBITS 1. Location Map 2. Ordinance 3. License Agreement 4. PUB Minutes Prepared by: Mark A. Laird Right-of-way Agent Real Estate and Capital Support Respectfully submitted, ~.:.~... . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . .. ........ .... . . .. . ... . Jimmy D. Coulter Director of Water/Wastewater Water Administration 2 North WeJ't r.aJ't Denton State School ROBINSON HICKORY CREEK ~ LAKE SHARON POCKRUS ~ <:( o f-- (f) o a.. Exhibit 1 S :\QUf Documents\Ordinances\06\ TXU Encroachment Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN TXU ELECTRIC DELIVERY COMPANY ("TXU"), AND THE CITY OF .DENTON RELATING TO .THE ENCROACHMENT OF CITY UTILITIES, A PORTION OF RIGHT-OF-WAY AND A STORM DRAIN ACROSS AN EXISTING.TXU EASEMENT AS P ART OF THE WHEELER RIDGE PHASE 4 IMPROVEMENTS, LOCATED IN THE B. MERCHANT SURVEY ABSTRACT NUMBER 900, CITY OF .DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION .OF A .CERTAIN CALLED 253.926 ACRE TRACT .OF LAND DESCRIBED IN THE DEED TO CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP, RECORDED IN VOLUME 5105 PAGE 3753 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN.EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S.ECTION 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and TXU Electric .Delivery Company ("TXU") in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating City utilities and public right-of-way within a TXU Electric utility easement as described therein. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the attached Agreement and to exercise all rights and duties of the City of Denton under the Agreement 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: Exhibit 2 APPROVED AS TO LEGAL FORM: EDWIN SNYDE CITY ATTORNEY BY: 2 Norwood-Denton-Bowie 69/138kv Request No. 2005-349 CS 3ER-96869 & 96884 ENCROACHMENT ON EASEMENT WH EREAS, TXU Electric Delivery Company, fonnerly known as Oncor Electric Delivery Company and successor in interest to Oncor Electric Delivery Company ("TXU")~ is the owner of a easement in Denton County, Texas, which is recorded in Volume 374, Page 55 and Volume 373, Page 246, of the Deed Records of Denton County, Texas (UEasemenf'); and WHEREAS, the City of Denton, ("User"), desires permission to construct, operate and maintain Street/Road, Water Line and Utility Easement Crossings ("Encroaching Facility") within the area or boundaries of the Easement f&Easement Area") shown on the attached drawing marked Exhibit "A" and incorporated herein. NOW, THEREFORE, in consideration ofthe mutual covenants contained herein, and othergood and valuable consideration, the receipt and suffiCiency of which is hereby acknowledged, TXU and User do hereby agree as follows: 1 ~ Location of EncroachinG Facilitv. User may locate the Encroaching Facility in the Easement Area, but only as described and shown on the attached drawing marked Exhibit nAil and incorporated herein. User may not relocate the Encroaching Facility within the Easement Area without the consent and approval of TXU, which consent and approval shall be at TXU's sole discretion. User acknowledges and agrees that TXU holds easement rights on the Easement Area; therefore, User shall obtain whatever rights and permission, other than TXU's, that are necessary.. 2. Restrictions on Use of Easement Area.. User shall use only so much of the Easement Area as may be necessary to construct, maintain and repair the Encroaching Facility. User shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said Encroaching Facility~ At the conclusion of any construction, User shall remove all debris and other materials fronl the Easement Area and restore the Easement Area to the same condition it was in prior to the commencement of User's construction thereon or in proximity thereto. User shall not place trash dumpsters. toxic substances or flammable material in the Easement Area. Further, if the Easement Area has transmission or distribution facilities located thereon, User shall not place upon the Easement Area any improvements, including but not limited to. buildings. light standards, fences (excluding barriers installed around transmission towers), shrubs, trees or signs unless approved in advance in writing by TXU. Additional general construction limitations on encroachments are described and listed in Exhibit HB", attached hereto and by reference made a part hereof. ENCROACHMENT ON EASEMENT Page t Exhibit 3 3. Maintenance of Encroachino Facilitv. User, at User's sole expense, shall maintain and operate the Encroaching Facility. TXU will not be responsible for any costs of construction, reconstruction. operation, maintenance or removal of User's Encroaching Facility. 4. Risk and Liabilitv. User assumes all risks and liability resulting or arising from or relating to Users use, the existing condition or location, or existing state of maintenance, repair or operation of the Easement Area. It is further agreed that TXU shall not be liable for any damage to the Encroaching Facility as a result of TXU's use or enjoyment of its Easement. Any TXU property damaged or destroyed by User or its agents, employees, invitees, contractors or subcontractors shall be repaired or replaced by TXU at User's expense and payment is due upon User's receipt of an invoice from TXU. 5. Indemnification. User, to the extent allowable by law, agrees to defend, indemnify and hold harmless TXU, its officers, agents and employees, from and against any and all claims, demands, causes of action, loss. damage, liabilities) costs and expenses (including attorney's fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, for personal injury (including death), properly damage or other harm for which recovery of damages is sought or suffered by any person or persons that may arise out of, or be occasioned by, the negligence, misconduct or omission of User, its officers, agents, associates. employees, contractors, subcontractors, subconsultants, or any other person entering onto the Easement Area or may arise out of or be occasioned by the use of the Encroaching Facility. except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of TXU, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both TXU and User, responsibility and indemnity, if any, shall be apportioned comparatively- Nothing contained herein shall ever be construed so as to require User to assess, levy and collect any tax to fund its obligations under this paragraph. Article XI Section 7 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Denton has not and will not create a sinking fund or collect any tax to pay any obligation created under this section. 6. Hiah Voltaae Restrictions. Use of draglines or other boom-type equipment in connection with any work to be performed on the Easement Area by User, its employees, agents, invitees. contractors or subcontractors must comply with Chapter 752, Texas Health and Safety Code, the National Electric Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the TXU power lines situated on the aforesaid property. User must obtain TXU's approval and notify the Fort Worth Region Transmission Department at (817) 496-2731, or (817) 496-l736, 48 hours prior to the use of any boom-type equipment on the Easement Area. 7. Default and Termination. It is understood and agreed thatll in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period often (10) days after TXU notifies User of such default in writing, TXU may at its election forthwith tenninate this agreement and upon such tennination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the Encroaching F acUity. This agreement shall extend to and be binding upon User and its successors and assigns, and is not to be interpreted as a waiver of any rights held by TXU under its Easement. Executed this _ day of , 2005. ENCROACHMENT ON EASEMENT hge2 APPROVAL: TXU ELECTRIC DELIVERY COMPANY By: Thomas F. Newsom Attorney-in-Fact ACCEPTANCE: CITY OF DENTON APPROVED AS TO FORM: CITY . :~OFD . ON, By: Name: Title: STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ BEFORE ME, the undersigned authority, on this day personally appeared , as of the CITY OF DENTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act and deed of the City of Fort Worth, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he/she was authorized to do so. GIVEN UNDER "MY HAND AND SEAL OF OFFICE this , A.Dw2005~ day of Notary Public in and for the State of Texas ENCROACHMENT ON EASEMENT Page 3 STATE OF TEXAS ~ ~ COUNTY OF TARRANT S BEFORE ME, the undersigned authority, on this day personally appeared Thomas F. Newsom, as Attorney-ln~Fact of TXU ELECTRIC DELIVERY COMPANY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of TXU Electric Delivery Company, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A.D_2005. day of Notary Public in and for the State of Texas ENCROACHMENT ON EASEMENT Page 4 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 May 8, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair called the meeting to order at 9:01 a.m. Monday, May 8, 2006 in the Service 7 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 8 9 Present: Chair Newell, George Hopkins, Bill Cheek, John Baines, Phil Gallivan and Bob 10 Bland (arrived at 9:07 a.m.) 11 12 Absent: Dick Smith, excused 13 14 Ex Officio Member: 15 Howard Martin, Interim City Manager 16 17 CONSENT AGENDA: 18 The Public Utilities Board has received background information, staff's recommendations, and 19 has had an opportunity to raise questions regarding these items prior to consideration. 20 21 1) Consider recommending adoption of an ordinance of the City of Denton approving a License 22 Agreement between the Texas Municipal Power Agency ("TMPA"), and the City of Denton 23 relating to the encroachment of city utilities, a portion of right-of-way and a storm drain 24 across an existing TMP A Easement as part of the Wheeler Ridge Phase 4 improvements, 25 located in the B. Merchant Survey, Abstract No. 900, City of Denton, Denton County, Texas; 26 and being a portion of a certain called 253.926 acre tract of land described in the deed to 27 Centex Homes, a Nevada general partnership, recorded in Volume 5105 Page 3753 of the 28 Deed Records of Denton County, Texas 29 30 2) Consider recommending adoption of an ordinance of the City of Denton approving a License 31 Agreement between TXU Electric Delivery Company ("TXU"), and the City of Denton 32 relating to the encroachment of public utilities, a portion of street right-of-way and storm 33 drain facilities across an existing TXU Easement as part of the Wheeler Ridge Phase 4 34 improvements, located in the B. Merchant Survey, Abstract Number 900, City of Denton, 35 Denton County, Texas. 36 37 3) Consider recommending approval of an ordinance authorizing the partial abandonment of a 38 0.0275 acre public utility easement tract recorded in Volume 1018, Page 867 of the Real 39 Property Records of Denton County, Texas situated in the S. Brewster Survey, Abstract No. 40 56. 41 Board Member George Hopkins moved to approve Item 1 through 3 with a second from 42 Board Member Bob Bland. The motion was approved by a vote of 6-0. 43 Exhibit 4 AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8044 AGENDA DATE: May 16,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance approving a Professional Services Agreement between the City of Denton and R.W. Beck, Inc. to provide professional design and engineering services at the City's landfill; authorizing the expenditure of funds; and providing an effective date. The Public Utilities Board recommends approval (6-0). RFSP INFORMATION RFSP 3411 is for professional engineering and design services associated with the expansion of the City of Denton Landfill with the initial emphasis on the design and construction of Phase III Cells 3A, 3B, 3C and 3D as a bioreactor. A detailed description of the project is included in the Public Utilities Board agenda information sheet listed as Attachment 1. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its May 8, 2006 meeting. RECOMMENDATION Award RFSP 3411 Tasks 1,2, and 3 to R.W. Beck, Inc. in an amount not to exceed $141,200. PRINCIPAL PLACE OF BUSINESS R.W. Beck, Inc. St. Paul, MN ESTIMATED SCHEDULE OF PROJECT The tentative schedule for completing Tasks 1-3 listed in the attached scope of services is December 2006. Agenda Information Sheet May 16, 2006 Page 2 FISCAL INFORMATION Tasks 1-3 will be funded from account 660001.7839 in the amount of$141,200. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Public Utilities Board Agenda Sheet for May 8, 2006 meeting Attachment 2: Exhibit A- Scope of Work Attachment 3: Exhibit B- Project Team Financial Information 1-AIS-RFSP 3411 Attachment 1 PUB AGENDA ITEM # PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE: May 8,2006 DEPARTMENT: Solid Waste Department ICM: Howard Martin, Utilities 349-8232 SUBJECT Consider approval of the recommendation for R.W. Beck, Incorporated (Lead Consultant) to provide the following professional and engineering services to the City of Denton; . Task 1 - To conduct the project kickoff meeting, . Task 2 - To provide modifications to the City's landfill permit to accommodate bio-tech landfill operations, . Task 3 - For the engineering design of cells 3A - 3D as a bioreactor at the City's landfill, for the not to exceed price of$141,200. BACKGROUND At their meeting of May 23, 2005, the Public Utilities Board recommended to the City Council that the Solid Waste Department implement bioreactor technology at the City's landfill. The City Council recommended the Solid Waste Department implement bioreactor technology at their meeting of August 16,2005. The Solid Waste Department budget and Capital Improvement (CIP) program were recommended by the Public Utilities Board and approved by the City Council in September 2005. The Solid Waste Department's fiscal year 2006 Capital Improvement Program (CIP) includes funding authority to initiate engineering design services for Phase 3 of the City's landfill, and to begin construction of cells 3A and 3B, 13 acres, as an anaerobic bioreactor landfill. The City advertised for the submittal of Requests For Proposals (RFP's) to complete the above listed tasks. The landfill evaluation committee selected the team consisting of R.W. Beck, Inc., Alan Environmental, Chiang, Patel, and Yerby, Inc., Kleinfelder, and Dan Wittliff Consulting to provide the design and engineering services listed above. City staff believes this engineering team will best provide the services required by the City's Solid Waste Department. Provided within the agenda in a brief summary, and further provided with additional detail within the exhibits, is the R.W. Beck consulting teams outlined scope of work, Tasks 1 - 3. Task 1 - The project kickoff meeting will include discussion of the project schedule, communication process, project scope, and the consultant's request for deliverables. Attachment 1 The Texas Commission of Environmental Quality (TCEQ) recently completed a rewrite of the Texas Administrative Code, Title 30, Chapter 330, Municipal Solid Waste requirements. The rewritten Chapter 330 became effective on March 27,2006. The TCEQ has increased the requirements for management of landfill surface water control plans, air permitting, buffer zones, and other landfill regulatory areas throughout the State of Texas. This, and the City's decision to implement bioreactor technology at the City's landfill require the Solid Waste Department to update and rewrite the City's landfill permit to meet the updated state regulatory permit requirements. Task 2 - The City's landfill permit must undergo permit modifications, 1) to operate as a bio-tech landfill 2) to provide for relocation of the citizen's drop-off area 3) to provide for surface water drainage 4) to provide for the scalehouse relocation These changes will allow Denton's landfill permit to continue to meet recently updated TCEQ operational requirements. Detailed summary descriptions of the required modifications are provided in Exhibit 1. In Tasks #2A & 2B, the R.W. Beck team will analyze surface water control, perform a hydrologic evaluation of the fill area, evaluate the existing liner and leachate recirculation system, evaluate the landfill gas collection system, and submit the modifications to the TCEQ for review. Task #2C will include additional permit modifications related to the design of surface water storage capacity, relocation of the scalehouse, relocation of the landfill entrance, and a revised boundary description to exclude the existing scalehouse site from the permitted area. Task 3 - R.W. Beck will complete projections of the construction quantities of the various materials required for the construction of cells 3A - 3B. In Task 3B, draft design plans and specifications, and construction bid documents will be developed. Following staff review and comment, advertisement for construction bids will occur, followed by a pre-bid meeting, and the bid opening. R.W. Beck will assist in tabulating the bids, and in the PUB and CC presentations. Following the award of the bid, R.W. Beck will assist the City with issuing a Notice to Proceed, and during the pre-construction conference. OPTIONS The Public Utilities Board may recommend the utilization of the engineering team selected by the evaluation committee, R.W. Beck, Incorporated, or they may recommend the Solid Waste Department negotiate for services utilizing the second highest evaluated engineering team, or they may recommend the Solid Waste Department rebid the professional services for this project. RECOMMENDATION City staff recommends accepting the professional services proposal submitted by the consulting team led by R.W. Beck, Incorporated for the design and engineering services listed above. Attachment 1 PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) During the FY 2006 budget process the Public Utilities Board was presented information on, and has recommended implementing bioreactor technology at the City's landfill. The PUB was briefed on the design, engineering and construction of Cells 3A and 3B, the rewriting of the Texas Administrative Code (TAC), Title 30, Chapter 330, and the changes to the TCEQ landfill permit requirements as a result of the TAC Chapter 330 rewriting, and the implementation of bioreactor technology. Finally, the PUB reviewed and discussed recommendations concerning the Solid Waste Department's Operations Review, which included bioreactor technology and the revisions to the Citizen's Collection Station. FISCAL INFORMATION The engineering team led by R.W. Beck, Incorporated, and the City of Denton have negotiated fees totaling the not to exceed amount of $141,200 for the provision of the professional services listed above, Tasks 1 - 3. The fees will initially be paid from budgeted reserve funds, and replaced with bond funding following the 2006 bond sale. Expense from line item budget expense number 660001.7839. BID INFORMATION Fees for receipt of the professional serVIces listed above, Tasks 1 - 3, were negotiated at $141,200. DATE SCHEDULED FOR COUNCIL APPROVAL May 16, 2006 EXHIBITS I. Scope of Work - Bio- Tech Landfill Permitting, Design and Construction Services II. City of Denton Project Team Financial Information - Hourly Rates III. Attachment A - Professional Services Agreement for Architect or Engineer and the City of Denton General Conditions to the Agreement for Architectural or Engineering Services. IV. City of Denton Permitting and Design Schedule Respectfully submitted, A. Vance Kemler Director, Solid Waste Services Attachment 2 EXHIBIT A Scope of Services Between Beck and City of Denton Scope of Work - Bio-Tech Landfill Permitting, Design and Construction Services Due to the recent solid waste rule adoption, this Scope of Services addresses permitting, design and construction of a Bio- Technology Landfill (Bio- Tech Landfill) rather than a bioreactor. The design and operation described will be suitable initially for leachate recirculation but adaptable to a bioreactor when future rules (or other mechanism) allow. Certain bioreactor aspects (e.g., liquid amendment acceptance plan) will be prepared for the City but not submitted in this permit modification. These are outlined in the following tasks and can be archived by the City until submittal is required. Note that the following scope of work has also been modified from that initially proposed to meet budget constraints. The tasks below focus on constructing Cells 3A and 3B to meet the City's schedule, along with the related permitting. This scope shall be amended as to incorporate the other tasks as budget is available and approved by the City. Task 1 - Project Kickoff Meeting The Project Team will meet with the appropriate City Staff to finalize the approach and Scope of Services, clarify needs from the City, confirm the schedule and establish lines of communication. At this meeting the City will furnish appropriate information for this project including: waste receipt records, as-built drawings of Phases 1 and 2 along with supporting documentation and electronic files for any conceptual designs prepared and permit documents not previously furnished. The City will also furnish a topographic survey of the entire Landfill property that reflects the current excavation grades in Cells 3A and 3B. This will become the basis for design of the final excavation and grading. The Project Team will provide the City with an information request prior to the meeting. Task 2 - Minor Permit Modifications Two minor permit modifications will be completed by the Project Team: 1) to address liner and leachate collection design changes necessary for Bio- Tech Landfill operation and to address relocation of the Citizen's Drop-Off Area, 2) to address future surface water control and scalehouse modifications. A textured geomembrane (both sides) is recommended on both the sideslope and base of Cells 3A-3D. In addition, the current hydraulic capacity of the leachate collection system should be evaluated to verify its ability to drain the additional liquid amendments. In conjunction with this hydraulic evaluation, the Project Team will review the leachate collection pipe diameter for compatibility with landfill gas (LFG) collection. Subtasks 2A and 2B will be completed to evaluate these issues and incorporate required changes into a minor permit modification. A second permit modification will be completed in Subtask 2C to address surface water and scalehouse changes. (Q Beck - All Rights Reserved R,w'BE(K EXHIBIT A Subtask 2A - Hydraulic Characterization/LFG Collection In this subtask, the Project Team will: . Complete Hydrologic Evaluation of Landfill Performance (HELP, v. 3.07) modeling to: . Verify that leachate head does not exceed 12 inches with the increased liquid amendment addition under the current leachate collection and liner profile. . Determine the minimum permeability of the protective layer and leachate collection layer (drainage sand, rock and/or triplanar geonet geocomposite) to freely drain the Landfill. . Validate the leachate collection trench and collection sump dimensions to accommodate the increased leachate generation. . Determine that the existing liner and leachate collection systems for Cells 1 and 2 are suitable for Bio- Tech Landfill operation (HELP modeling and hydraulic capacity) since the City has installed potential recirculation laterals in those cells. . Evaluate preliminary LFG generation estimates and the leachate hydraulics to determine the necessary leachate collection pipe diameter to facilitate efficient LFG collection from the landfill base. . Prepare recommendations, if any, for modifications to the leachate collection design, including the potential placement of geonet on the base. Subtask 28 - Permit Modification Request (#1) The Project Team will prepare an application for a non-notice minor permit modification for the recommended changes (i.e., liner and leachate collection changes; Citizen's Drop-Off relocation). A draft will be presented to the City and TCEQ for review and discussion. Applicable comments will be added into a final application for submittal to the TCEQ. TCEQ approval should be received within 60 days. Subtask 2C - Additional Permit Modification Request (#2) In this subtask, the Project Team will prepare a second Permit Modification request for other Modifications that do not directly affect the liner design for the Bio- Tech Landfill. This separate submittal is recommended to avoid any delay in the Permit Modification approval presented in Subtask 2B, and thus potentially delay the design and construction of Cells 3A and 3B. These Modifications are anticipated to be submitted under TAC 305.70 0), which are currently non- notice Modifications and include the following: . Redesign and expansion of the Southeast Pond for surface water storage for the Bio- Tech Landfill Modification under Section 305.700)(11) related to drainage control of internal run on/run off. . Relocation of the landfill scalehouse-Modification under 305.700)(8). . Relocation of Site Entrance-Modification under 305.700)(33) as long as access traffic patterns are not altered. Access will remain from Mayhill Road, with site entrance relocated south of the existing entry to Foster Road. (Q Beck - All Rights Reserved Agreement: Exhibit A - Page 2 EXHIBIT A . Change the metes and bounds description of the Permit by elimination of the triangular section of land where the current scalehouse is located. Modification under 305.700)(14) as it reduces the size of the facility and does not result in acreage beyond the original permit boundary. Task 3 - Design of Cells 3A and 38 Subtask 3A - Construction Quantities In this subtask, the Project Team will estimate the required construction quantities for Cells 3A and one-half of 3B liner construction, including clay (available on site), geosynthetics, protective cover (available on site), and drainage media (natural and synthetic). On site soil quantities will be verified. Subtask 3B - Complete Design Plans and Construction Documents for Cells 3A and 3B After completion of Task 2 and in conjunction with an internal Team Quality Assurance/Quality Control (QA/QC) review, the Project Team will develop draft design plans, specifications, and construction bid documents for Cells 3A and 3B. The schedule for proceeding with bidding and construction of these Cells will be independent of the Bio- Tech Landfill Permitting at TCEQ. This independence is based on the expectation that the construction of the liner and leachate collection system in these Cells can be accomplished under a minor modification of the existing Permit as described above. Meetings will be held with the City to present the draft documents and subsequently to discuss any City comments to the draft documents. Applicable comments will be incorporated into a final set of plans and specifications. After approval of the final documents by the City, this construction project would be advertised for bids. Subtask 3C - Pre-Bid Meeting and Bid Opening The Project Team will assist the City in answering questions and providing clarification about the Project Construction Documents during the period of advertisement for bids. We will assist the City as required during the Pre-Bid Meeting with prospective Contractors and in preparing Addenda prior to Bid Opening. We will prepare an engineer's cost estimate of the construction. The Team will attend the Bid Opening, tabulate and evaluate bids and make recommendations to the City for Contract Award. The Team will also attend the Public Utility Board and City Council Meetings to assist in the Presentation of the recommended Award of the Construction Contract. Subtask 3D - Notice to Proceed and Pre-Construction Meeting The Project Team will assist the City in issuing a Notice to Proceed to the Contractor and facilitate a Pre-Construction Conference at the Landfill with the Contractor. The Team will also contact TCEQ prior to construction start, and provide them with the opportunity to attend the pre-construction conference as well. (Q Beck - All Rights Reserved Agreement: Exhibit A - Page 3 EXHIBIT A Schedule A schedule outlining this scope of work is provided in the attached Figure 1. Note that project meetings with the City and with TCEQ are indicated on the schedule. Fees for Engineering Services Based on the previously outlined scope of services and schedule, we estimate the total fee for our engineering services to be $665,500. The total project cost represents a "not to exceed" figure, which will not be exceeded without written authorization from the City. Cost by task is delineated in Table 1 below. Additionally, the amount of each task will not be exceeded without written authorization of the City. Our estimate assumes that current permit drawings and documents are available electronically from the City, as well as, a topographic survey of the existing conditions of the Cell 3A/B area. Table 1 - Engineering Fee Estimate Task 1 - Project Kickoff Meeting 2 - Minor Permit Modifications 3 - Design of Cells 3A and 38 Total Cost $18,600 26,900 95,700 $141,200 (Q Beck - All Rights Reserved Agreement: Exhibit A - Page 4 Attachment 3 EXHIBIT B Scope of Services Between Beck and City of Denton City of Denton Project Team Financial Information labor Category Project Manager Principal Senior Engineer/Professional II Project Engineer Senior Analyst/Professional Technician Word Processing/Administrative Hourly Rate $150-175 150-195 85-155 60-95 100-125 50-75 40-75 Note: · Rates vary based on individuals assigned to the project; rates are for 2006 · Rates will be billed at individual hourly direct cost at a 3.1 multiplier. · New projects and any additional services will not be initiated without prior City authorization. · Labor categories above blend personnel from R. W. Beck and their subconsultants on this project.; Subconsultant costs will not be marked up on this project. R:\May 2006 Agendas\May 16, 2006\Backup\RFSP 3411 Landfill Design Consultant\4-BU-File (Q Beck - All Rights Reserved 3411 . doc R,w'BE(K ~ c Q) E ..c u ~ ~ CI.) - ~ -C CI.) .J: U CIJ C tn .- fn CI.) C "=J tn C .- +-' .~ E 1- CI.) a.. c o +-' C CI.) C ..... o > .~ u ~ CI.) 1- ~ tn .- LL CJ z i= w w ~ u.. u.. o ~ I- (J w ..., ~ z o ~ (J u:: 2i o ~ I- ~ 0: w a.. 0: o Z ~ N - c a .~ eu N .;:: CD +-I U eu I- eu ..c U u ::J eu I- 1J >- :r: <( ~ +-I CI) CD ::J 0- CD a: c a .~ eu u ~ 1J a ~ ."t:: E I- CD a.. co N ~ +-I CI) CD ::J 0- CD a: c a .~ eu u ~ 1J a ~ . "t:: E I- CD a.. U co (V) 1J C eu <( (V) CI) <E u co (Y) C Z <t <t (Y) (/J ....I ....I W (J u.. o z o i= (J ::) 0: I- (/J Z o (J c Z <t Z CJ Ui w C cv) I- a \.f- CI) +-I C CD E ::J U a o c a .~ u ::J I- +-I CI) C a U 1J C eu CI) c eu a: c OJ .w CD o CD +-I CD 0. E a u co ..c ::J a.. OJ C C CD a. o :-Q co 1J c eu OJ c .~ CD CD ~ :-Q ..c cb I- a.. U eu > a I- a. a. <( 1J I- eu a co >- ."t:: .~ ::J c a .~ eu 1J c CD E E a u CD a: ~ CD .::; CD a: CI) CD .~ .~ c eu ::J a c a .~ u ::J I- +-I CI) C a U <( OJ C .~ CD CD ~ OJ C .~ CD CD ~ 1J :0 cb I- a.. OJ C C CD a. a :-Q co u C ::J a U >- +-I U u +-I \.f- eu o eu c u: OJ C .~ CD CD ~ c .9 +-I u ::J I- +-I CI) C a U I CD I- a.. 1J c eu 1J CD CD u a I- a.. a +-I CD U .~ a Z o ; S :\Our Docurnents\Ordinances\06\R. W. Beck.doc ORDINANCE NO. AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND R. W. BECK, INC. TO PROVIDE PROFESSIONAL DESIGN AND ENGINEERING SERVICES AT THE CITY'S LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Denton desires to enter into a Professional Services Agreement with R. W. Beck, Inc. ("Beck") to provides professional design and engineering services at the City's Landfill, as described in the Professional Services Agreement which is attached hereto and made a part hereof as Exhibit "A"; and . WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized professional services and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code known as the "Professional Services Procurement Act" generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications and for a fair and reasonable price; and WHEREAS, Beck has provided professional services to the City in the past in a reliable and competent manner; and WHEREAS, the City Council finds that the Agreement is in the public interest and has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in Exhibit A; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council hereby approves the Agreement attached as Exhibit A with Beck for professional design and engineering services at the City's Landfill and authorizes the Interim City Manager, or his designee, to execute the Agreement on behalf of the City. SECTION 3. The award of the Agreement (Exhibit A) by the City is on the basis of demonstrated competence, knowledge and qualifications of the Beck and the ability of Beck to perform the professional services needed by the City for a fair and reasonable price. SECTION 4. The Interim City Manager, or his designee, is authorized to exercise all rights and duties of the City of Denton under the Agreement and make the expenditures provided for in the Agreement. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. . S :\Our Documents\Ordinances\06\R. W. Beck.doc PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ SNYDER, CITY ATTORNEY day of , 2006~ EULINE BROC~ MAYOR Page 2 Exhibit A PROFESSIONAL SERVICES AGREEMENT FOR ARl:H1IECf OR ENGINEER THIS AGREEMENT is made and enteted into as of the 5Tt, day of May, 2006, 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 "Ownern and R.W. Beck, Inc., with its corporate office at 1380 Corporate Center Curve, Eagan, MN 55121 hereinaftcr 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 EMPWYMENT 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 Design Professional's Proposal dated November 15,2005 limited to those tasks described herein, Exhibit A - "Scope of Work," Exhibit B - "Project Team Financial Information," the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with thc Projcct The Project shall include, without limitation, providing professional engineering design and related engineering services to perform the following tasks: Task I: Task 2: To conduct the Project kickoff meeting. To provide modifications to the City's landfill permit to accommodate biotech landf1l1 operations. For engineering design of cells 3A-3D as a bioreactor at the City's landfill. Task 3: SECTION 2 TERM OF AGREEMENT Time is of the essence in this Agreement Design Professional shall begin work immediately upon the issuance of a notice to proceed from the Owner and shall complete all work in a timely manner in accordance \vith the time allotted for each task shown in Figure I "City of Dcnton Permitting & Design Schedule," which is attached to and made a part of Exhibit A. All tasks are to be completed within the schedules shown on Exhibit A unless the term of the Agreement is extended by the Owner. SECTION 3 COMPENSATION The Owner shall compensate the Design Professional as follows: Page 1 S:\Our I:>ocuments\Contracts'il6\R.W Beck PSAdoc 3.1 BASIC SERVICES. 3.1.1 For Basic Scrviccs the total compensation including reimbursable expenses shall be $141,200 based on the hourly rates for services shown in Exhibit B and Section 3.2.1. Design Professional services shall be invoiced to the Owner monthly. 3.1.2 Progress payments shall be paid to thc Design Professional monthly for the Basic Services invoiced and satisfactorily completed in accordance to the follOwing phases of the Project per Exhibit A: Task 1- Project Kickoff Meeting Task 2 - Minor Permit Modifications Task 3 - Design of Cells 3A - 3D $ 18,600 $ 26,900 $ 95.700 TOTAL $141.200 3.2 ADDmONAL SERVICES. 3.2.1 Compensation for Additional Services is as follows per Exhibit B: Project Manager Principals Senior EngineerlProfessional IT Project Engineer Senior Analyst /Professional Technician Word Processor/ Administrativc $150 - $175 per hour $150- $ 195 per hour $ 85- $155 per hour $ 60- $ 95 per hour $100- $125 per hour $ 50- $ 75 per hour $ 40 - $ 75 per hour 3.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shalJ be based on a multiple of 1.0 times the amounts billed to the Design Professional for such additional services. 3.3 REIMBURSABLE EXPENSES. Reimbursable Expenses shall be a multiple of 1.0 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $20,000 without the prior written approval of the Owner. SECTION 4 INDEMNITY Article 9 of the General Conditions "Indemnity" shall requirc Design Professional to release, defend, indemnify and hold the Owner, its elected and appointed officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damage (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Design Professional under the Agreement or caused by the negligent act or omission or intentional act or Page 2 S:\Our Documents\Contncts\06\RWBcck PSA.doc omission of Design Professional, its officers, agents, employees, subcontractors, licensees, invitccs or any other third parties for whom Design Professional is legally responsible. Provided, however, Design Professional is not indemnifying Owner, its elected and appointed officials, officers and employees, for any such claims or damages and injuries caused by Owner's negligent acts, errors or omissions. SECTION 5 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. Exhibit A - Scope of Services 3. Exhibit B - Project Team Financial Information 4. The Design Professional's Proposal dated November 15,2005. These documents make up the Agreement doouments and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Agreement documents, the inconsistency or conflict shall be resolved by giving precedence to this Professional Services Agreement For Architect or Engineer then to the Agreement documents in the order in which they are listed above. This Agreement is signed by the parties hereto effective as of the date first above written. OWNER: CITY OF DENTON BY: HOWARD MARTIN INTERIM CITY MANAGER ATfEST: JENNlFER WALTERS, CITY SECRETARY BY: Page 3 S;\Our [)ocuments'CoDtracts'D6\RW Beck: PSAdoc APPROVED As TO LEGAL FORM; EDWIN M. SNYDER, CITY ATTORNEY BY 1M/1#:Jf DESIGN FIRM >(<JliI)2 CINDY MARIEPICKA ~ ~ t.OTARY P\JBLIC.MINNESOTA ; ".,.. /.It(X.'ll.llSSDlEl<l'RiSl4mlO , 'JW BY: (4~1-11/ W~ Firm's Officer/Repres&6 tive 11 ~<'_ t?1VxA/- {f2. "Wi 1k/", ;JJ-'1<-., WITNESS: t " 0;'] '/J" BY; k~J /1/tr/fA./ J:'?t:'/ Page 4 S:\Ow Docwnents\ContnctslD6\RW Beck PSAdoc CITY OF DENTON GJ:l'iERALCONDmONS TO AGREEMENT FOR ARClIlTECTlJRAL OR ENGINJ:EJUNG SERVICES AR~ 1. ARC'HITECT OR ENGINEER'S RESP01\"SJBU.JTI[S 1.1 The Arcbitect or Engineer's scrvicts cousist ofthosc savices for the Project (llS defined io. the agreement (lhe ..Agret:mcntj and ft'Oposal (the "Proposal/to which these Genera.! Conditions are attached) paformed by the ArdUtcct or Engineer (hereiDafu:r called the "'DesigD Profes:sioua1) or Design Professional's c:mployees and CODIUltant:s as m1llIlm1Cd in Articlcs2 8Dd 3 ottbeseGeneral Coodiooos as modified by1be~mdProposal(the"'Sefvicesj. 1.2 Tho Design ProfessiooaJ will perform all Services as lID iDd~ cootJlctOrto the prevailiog professional standank consistent with the level of can: and skill onlinarily ~Ued by mcznbeI3 of the same proftssioo cum::atly pnu:ticing in the same locality under lIimi1ar conditions, including reasonable, infOfJDed judgnJarts and prompt timely actions (the "'Degree of Care") The ~ shall be performed as expeditiously as is COIl$tstart with the Dewcc of Care necessary for the onk:riy progress of the Project Upoil. request oflhc Owner, the Oc3ign Profcssicm:l shall subrnil: fortboOwner's approval ascbcdule for 1bepc:zfommncc oftbc Secvices which may be adjUSledas the Project proceeds, and sba.l1 include allowances fer periods of time rtqUircd for the Owner's ~and forappnMll ofsubmissious by authorities havingjurisdictiou ow::r the Project. Time limits established by this scl1cdulc and approved by the Owner WIl oot. except for rta30Mble can.se. be exceeded by the: Design Professional or Ownco. and any adjustmml> to this _ slmII be mulwIly """""ble to bolh porties. ARl10Z 1 SCOPE OF BASIC SERVICES 1.1 ~C SERVICES DEFINED The Design Professiowd's &sic Services coosirt oftho5cdescribed in SecI:iom 2.2 through 2.6 ofthcsc General Condrtions and include without limitation normal sttuctural, civil, mechanical and eIec:trUI c:aginecring SClTices and any other engineering services IleCaiSU'}' to produce a caIJ1:Ikte and w:urate set of Con~ Doc:u.mc:nts, as described by and requimI in Scctioo 2,4. Tht BllSic Scrvkc:s may be lIJOdified by meAgreemenl U saIEMATIC Dr8IGN PlIASE 2.1.l The Design Professional. in coosu1tation with !he Owner, shall devdop II written prognun for the Project to ascertain Owner's neech and to establWl. the Jtquiremarts for the Project. 2.U Tho Desiga ProfessionaJ shall provide a preliminaJy cvulnation of lbe Ownets program; c:onstructKm schedule and coosttuctioo budget ~1S, each in u:rms of !be omer, subject to the limitations set furtb in Subscctioo 5..2.1. 2.1.3 The Desiga Profess:iooal shall review with the Owner altc:matiw approac:hcs to dcsi&n and conSuuctiOD ofttle Project.. :1.1.A Based on the DUJtUa1ly agreed-upoo progrmn. schedule and tooStlUCtion budget requirc:mcnts. the Design Professiooal shan p~ for approw by tho Owner. Schanatic Design Docurnc:nts consisting of dr.Iwings aDd other documents illustIating 1bc :scale aDd rdationsbip ofProjcct ecmponms. The Sdx:maric Oe!ign shall CODkmplatcC(lmptiance with all applicable laws.~ ordioances. codc:salXl regulations. 2.2.5 The Design Professional shaD. submit to che Oimer. prelimin8l)' detailed estinmte of Coastruction Cost based on cunmt area, volume or otbtt unit costs and 'A'hicb indk;ues the cost of each category oC work involved in eoostrueting the Project and establishes an elapserltime factor for the period of time from the COrnIDl:DCm\alttotbccomplctionofcoostruction. . 1.3 DF.'llGN DEVELOPMENT PHASE Ul Based on the approved Schematic Derign Ooeuments and any adjustments authorized by the Owner in tha program. schedule or coostructioo budget. the Design Professional sball prepare for approw1 by the o.vnc:r. Oe$ign Dcvcloprnent Documents c:onsisting of dnwings and olha docummt3 10 fix and describe the sUe and character oC1he Project as to ~hitcctural. struc:tuRl. mocbanica1 and clecuicalll)'8Um!, materials and such olher clcmcnb as may be appmpria1e. which shall comply with all applicable laws. stBIUlC1, ordinances,. C(lde:, and regulations. . Notwi1Mtanding CNmo's approval of the documents. Design ProfessionAl n:pra;entJ thet the Documents and specifications will be sufficient and ~ to fulfill the purposes oflbo Project. 1..1.2 The De$ign Professional shaD advise !he OwncJoflllY adjustments totbc preliminary estimateofConstnx:tion Cost ia. funher Octa1lcd Statcmcnt as described in Section2.2.S. 1.4 dONSlRUCJlON DOCUMENJS PHASE 2A.1 BlUed 00 the a:ppruvtd Design Dn>elopmc:nt Docum:nts and my fiuthrs adjnsuneats in Ihe scope or qonIity of the Project or in the eonstructioo budget authorized by the Owner. the Design Professional sball pn:pe:rc, for approval by 1bc Owner. ConstIUction Docummts consisting of Dnlwings end Spccificari<m setting forth in detail n:qu.in:mems for 1he constJUCtion of the Pro:itct, which 5haIl comply with aD eppticable 18ws, statutes, ont~ codes and regulatioos. .1.U The DesigD Profcssioml sha1l assist the Owner in the preparation of Ihe necessary bidding aT proau'CTOCDl infonnatioo. bidding or prOCW'tlTlmt forms, the Condition! ofme eontnct. and the roan of ~t bet\loU:D 1bc Owner and cot'l1J'8CtOr. 1.4.1 The Design Profe:ssionaJ sball Ddvise tho ();i..ncr ofany adjustme1It9 to previ0U3 preli:rnin:uy c:Wmatcs ofO:msttuct:ioo. Cost indicated by changes in requirements or gencn.l mazket ooaditkms.. 2.U The Design Professional shall assist !be Owner in c:ooneetion with the Owners respoosibility for filing documents required fix the approwl of governmental authorirics bavingjurisdictioo avc:r me Project. 1.5 CoNSTRtJCnON CONTRACT PROCUIlEMENT 2.5.1 The Design Professional. following the 09.lla'a approval oClhe Constructioo Documents and oflhe latest pn:liminary demiIod ~ ofCoastructioo Cost. sba!l assist the Owner in pnxuring 8 COOSbllClioo cootmct for !be Projecl through auf procuremc:nt mothod thai is IegalJy applk:abl.c to the Project including without Page 5 S:\Our Doeuments'Contrac:ts\06\R W Bc:cl:: PSAdoc IimitBtion, the competitive sealed bidding proct3S. Although theOwncrwiIlconsider1bc8dviccoftheI:>esign Pmfrssicm.l. tbeawardoftbcoonstruction contract is in the sole discretioa ofthc Owner. 1.5.1 Utile constrUCtion eontrad,amount for the Project cxcct<b!be total coosttUction cost of die Project as sd forth in the approved Detailed Stuemad o(Probnble Construction Costs of Ihe Projc:<:t submitted by the Design Professional, then the Design Profwional, 8I it!! sole east and expCase. will revise me Construction Docmnems as may be ~uired by the Owner to reduce: or modifY the quantity or quality of the wed: so that the tom! eonstJuc:tion (:05t of1be Project will not exceed the total construction cost set furth in the approved DetaiJed Swcmtnt o(Pfobable Coastructiou Costs. 1.6 CONSTIlUCTION PHASE _ ADMINISI'IlATION 0F1'111: CONSTIlUC\'ION CONrnAcr 1.6.1 The Dtsign ProfmiomJ's respoosibllityto provide Basic Services fOr Ihe Construction Pbaseunder this Agreemmtcommmct$ with the 8wmrl o(the Contract for Construction and tc:nninatC3 at the issumce 10 the Owoct oftbe final Certificate for Payment. unless extended underthe ttnm ofSabsedion 8.3.1. %.U The Dc:sign Profc:uioDal tbaIl provide detailed administIBrioo of1he ContrBcl. for Consttuction as set forth below. For design proCessionalss the adrninistrmion slnD also be in accordance with AlA documc::nt AWl, Gencnl Conditions of the Cootract for CoastnJction. cum:n1as of the dab, of the Agreemenl as msy be amended by the City of Denton special eondiDons.. unless othawise provitkd iD the AgreemeoL For engineers the administnItion sbIll also be in accoo1ance with the Standard Specifications for Public Worts ~ by the Nor1h Central Texas Council ofQovernments, C1l:1!Clrt as ofttle date ofthc Agreement, unless otherwise f1mided in the Agre<<nent. 2.6.J CmstrUcrioo Phase duties, respoDSibiliries and limitations of authority of1bc Dcslgrt Profasional shall not be restricted, modified or ex1c:oded without written agra:mentofthe Owncrand Dc:sign Professional. 2...6.4 The Design Professional sball bea rcpresmtadvcofand shaD advise and consull. ",lth 1hcOwna'(1)during constructioa. and (2) at the OwD.et's direction from time to time during 1hccomctioo., orwamnty period described in the Contract iN Construction. The Desigtl PrOfessional shall have alltbority 10 aet on bebalf of tho Owner only to tb, """" providol in tbc Ag=nI:Ol aDd tb= <k=aI C<mditioos, unI... otbcrwise modified by - iDstnm><nl 1.U The Design Professional shall oo$Ct\le the oonsuu::tioo site at Iw1 one time a wcdc, while construdion is in progress. I11ld as reasonably DtCesmy while comtructioD is not in progrtM. to become familiar with the progress and qnality of the 'Mlrk eompkttd and 10 determine if the woriI: is being pcrfonncd in a manner indkating thAt the work ~ complctcd will be in sceon1mce with the Contract Documents. Design ProfcssiOl\llI shaD provide Owner a ~ rqxwt nb!equent 10 each otHite visit. On the basls of on-site observations Ibc Design Professional shall keep the Owna informed of the progn::ss and quality of the W'OB.. and sh4I1 exe:rtisc Ihe Degree of Care and diligence in discovering and prompl1y reporting to the Owner any observable defects or dc6ciencics in the work ofContraclor or any ,ubco~ors. The Dtsign Professiooal represents that he will follow Degmc orCam ill pcdorming an Setvicc$ uncIathe Agreement. The Design ProfessiQllll! shall promptly correct any defective designs or specifications famished by the Design Professional at 110 cost to the Owocr, The Owncr's approval, ac.cq1t8nce.. use of or pAyment for aU or any part of the Design Professional's Services hereunder or of the Project. itself shall m. DO way alter the Design ProfCWOD1I's obligations or the Owner's rigbt5 bemmder. 1.6.6 The Design Profe:ssiona1 shan not have romrol over or charge of and shall not be respon.'J1ble fur cmstnlction means, mdbods, ~iques, gequcnees or procc:dun:s. or for safr:ty precautions and programs in coanection with 1bc YItXk:. The Dcslgn ProIcssiooal slaB no!. be responsible roc the Coatl2lCtOr's scbedules or raUun: to c::my out the ~rt in accotdance with !be CooIIJICt DocwncnIs except insofar as such &ilure may fC$UIt from Design Profcssioml's negligent acts Of oJnis.. sions. ne Design ProRssiooal sbaU not bave control over or charge of ads or omissicns oftbe Cootractor, SUbcontraCto[3, or 1beirllgcrts Of employees. or of MY other pen:ons paforming portions of1beVl'OrL 1.6.7 The Design Professional sbaU at all times have ac.ct:S$ to the 'M)(\c wherever it is in. prepanrtiOft or progress. :u.s Exnepl as rmy otherwise be provided in tho Contract J)oc:umtntS or 'When direct communi~ have hem spcclaUy aut:borized, 'the Owner and Contntdcr sball communicate through the Design Professional Communk::atioos by and with the Design Professional's consult8:nU shall be Ihrougb the Design ProfcssioDAl. 2..6..9 Bascd on 1be Design Professiontl's obsavatioas at the site of the v.'Orlt and eraIuations ofme Contractol's Appl~ 'for Payment, the Design Professional shIIll n:vicw ao4 ~ 1bc arnount3 due tlu: COl1tnl1;:tor. U.10 The Design ProfessiorW's ecrtifi;::alion fOl"plyment.shallcoustitutea. reptt:sr.nration to tbeOwncr, based 011 the Design Professkm.l 's ob9cnut:ious at1hesite as provided in Sulm:ctioll 2.6.5 and on the dal!. cnnprisiDg tho Cout:rat'tOr's Application for Payment. that the work has progressed to the point indicated and Ibm the quality of the Work is in accordao<< with the ContradDoct1rne:nts. Thef~goin& rqwescntatiOlU II!l sul!jcd to minor drnatioos from 1be Contract Documcnt5 cor- rectable prior to ~\ction and to specific qualifications c:xpRSSCrl by the Design Professional. The i1:suancc of A Certifia.te for Paymc:nt shall further constitute A representation that the CcntraCtor is entitled 10 paymem in the amount e<<ti6ed. HoMVCr'. the ~ orll Certiticate for Payment shall nOC be a represcntariCID that the Design Proft:ssional ha5 (l)reviaml constrUCtioo mc:llfl5,. ~ techniques, sequences or procofurc5,or(2}ascertai1'lcd bower Cor wtlatpurposc the ContraCtor lw uscdmoncy previous.ly pzUdon account ofthcConInlCl: Sum. ].6.11 The Design Professiooal sbaIllu.ve the respomibilily and autborily to reject won whi:h dotS nOC C(lnfonn to the Coottact 00curni:Dts. Whenever the Design Professional considers it na::cssary or advisable for impk:mentalioo of the mta:lJ: of the Contract DocumelIts. the Design Professional will haw authority 10 require additional inspedion Of tming of the work: m aoeordaDcc with 1hc proviSKms of the Con1J'1lid Documents, whether Ol:' not Such Work is febrica1cd. installed or oompleted. However. DCitbcr" this authority of me Design Profr:ssiooal11M a decision made in good &i1h eUber to e:u:rcisc or DOt c::ccmse such aDthoriry shan give rise to .. duty or ltS'pCl1S1bility of the Design Professlonal to the Cootrac:tor, SubcontrBcton, material aod cquipmeat suppliers, their agecrtS or employees or other pcnans pcrfooning portio05 of the work. 26.12 The Design ProfCS!iooal shall review and approve or take Olhtr appropriat:e action upon ContnI.c:tor's submirtals RICh as Shop Drawings, Product D8l!l. and Samples for the p.opose of (1) detennin1ng compliance with applicable laws" smfWs., oniinanc;cs and codc's, and (2) determining whether or not the ~rk.. when compkttd., will be in compliance with the requirement1 of1be Contract [)oc:umeQt:S. The Design Professional shall act with such ~c promptness Iocausc no delay in the wmc or in 1be constroetion of tho Owner or of scpandC to~ while allowing sufficient time in the Desigp ProfCS$ioaal's professiooal jodgmeni to permit adequate review. RC'Vlew ofsucb sobmittals is notcoodocted fortbc ~ ofdc1crrn:inin&tbe accwaty 8M oomplctcncssofotberdtWlssucb as dimensions and quantittc:s or for mbsbmtiBtiDg D1stmctioos (or insmllatiOll Ol:' paformaoee of equipment 0{ system! designed by the Ccmrador. 011 of which mnaiI'1 the rc:sponsibilityoftheCotrtrac:torto thccxtat required by the Contract Doeumc:nb. The Design Profdsional's review shall DOt constitute approval ofafcty precautions or, wiess otherwise specifieally stated by the Design Professional, of ~ mcsns, mClbods. teclmiqucs. sequcnccs or procc:durcs. The Design Profess1onaJ's approval of a specific item shall not indicate approwl of an assembly of which Ibe i1cm is a ccmponcnt. When professiooaJ cotificarloo of perfomamce c:baDctJ::ristics Page 6 S:\Our Docu.ments\C00traet3\D6\RW Beck PSA.doc of matc:rials, systems or equipInCUt is ~ by tht: CQGtrad: Documents., the Design Professiooa.J 6haD be entitled to rely I1pOO such <<:rtitication to establish dw the materials., S)'ttemS or equipment will meet the petfunnanc.c critma n:quim1 by the Contract Docume:rts. 1.6J3 The Design Professional shall ~ Cbange Orders mld Construdion Change Directives, with suworting documeotltioD and data if deemed necessary by the Ilc:3ign Profc:ssicmJ as provided in Subsections 3.1.1 and 33.3, for the Owner's approv:aI and c:xcattioo in accordance with the Contmct Docu:ments, and may a.uthoriu: minQl"d:wlges in the work not involving an adjustl:ncnt in 1bc CootJact Sum orm extmsioD of the Contract Time which are: net inoomistcmwitb the intent of the Contract Documents. 2.6.14 On belWf of tbc Own". me o..;gn ProfCO>ioood sIW1 conduct iD!peetioDS to -..... the dales of SobslantW ~I<tion m>d Final ~_ lIIld if tcqtIcstcd by thtI Owner sbaU issue Cc:rti:fic:att3 ofSubsrantial and Final Completion. The Desiga Professional wiD recetvc and review written gwuantzleS l!Dd te1aIcd documents reqnim1 by Ihe CoDtract for Construction 10 be assembled by the ConInsctor aod shall issue a final cc:rtificato for Prymeot upon: compliance with the requiremcnIs oftheCOtltractI::locuments. 1.6.15 The Design Professional shaD. interpret and provide recommendations on mauen rooceming perfonnanoe oftbe Owner and CootnIctor under the requirancnlS oftbc ContrBct Documents on writteu n:que:>t of either the Owner or Contractor. The Dc$ign Proftssionafs RiSpODSC to such requests sbaJl be made with reasonable promptD<s> and within "'l' _limits qreed upoIl. 2.6J6 bioopnDtiOllS m>d d<c.iOllS of the Design Professional sIWl be _t with Ibe inteat of and It3SODlIbly infenbI. from Ibe Conllacl Doc:umen. and $hall be ill writing or in the form ofdn:wings. When making such inmpreutions and initial decisions, the Oc$ign Professional shall cndcavortosecurt tilithfulperformaooe by both Owner and CootractoT, and sball not be liable for results or iIneqlmarlons or decisions SO rendcmJ. in eood fiLith in accordance with aD the provisions of this Agrc:emeDtand in 1hc; ab6eDce ofDeg1ipcc. 1.6.17 The Design Professional shall ~ writb:n decisions within a rasooab1c time OIl all claims, disputC$ or other matters in question bc:twcen the Owner and Cont:ractor relating to the execurioo or pogrcs.s of the work as provided in the Conbad Docnmcnts. 1.6.18 lbe Design Professional (I) shall reDder saviccs under 1bc Agreement in accordanal with the I>egRc: of~ (2)wiIl reimbwse Ibe Owner for all dam!.ges caused by Ibe defective designs the o..;gn ProfrssioaaJ _ and (3) by oclatowledsina Jl8YID<nt by the Own" of OIlY f= due, shaIJ IWt be .._ from ony right! the Owner may bsve noda the ~I or diminish 8ltY of1he Design Promsional's obllgurioll.S themmdcr. %.6.19 The Design Profess:ional shall provide the Own<< with fbur sets ofreproducib1eprints showing aD significam cbang:cs to tbeConstructioo Documents during the Const:roctiOD Phase. ARTICLE J ADDmONAL SERVICES 3.1 GENEIlAL 3.U The.savices descnbcd in this Article 3 Jlt nee included in Basic Savia::s unless so identified in 1hc Agrc:cmc:nt or Proposa1, I1ld they shall be paid fur by the QwnQ as provided in the Agreement, in additiOD to 1he compens::stion for Basio Services. 1bc services described UDdcr Stctiml.s 3.2 and 3.4 shaD only be provided if authorized oreonfinned in writiD.g by the Owoer. lfs1:tVioes dcsaibed undrrContiogtnt Additional Services iuScc:tion 33 are required due to ciIannsta:nces beyond tho Design Profi:ssional's control, 1be Design Professional shall notifY the: 0Wrler in Mitin.g and shall DOt comtDC:nCe such edditiooal scnic:es ardiI it receives written approval from the Owner to proceed. If the Owner indicates in wrilmg that all or part ofsoch Contingmt Additiooa.l Serviocs are not requinxf. the Design Professional EhaII have 110 obtig&tion to provide those scMccs. Owner will be rc:spon$lblc for compensating tbe Design Profcssiona.l for CootingcDt Additional Services ooly if they arc: not required due to the ncgligc:nc:e or fiwlt ofDcsign Professional 3.2 PROJECT RI.PRESI:NTA TION BEYOND BASIC SEIlVlCfS 3.1J If DlORl extensive rqnucnlBtioll at the site than is described in Subsection 2.6.5 is rtqUired. the Design Prof~ioneJ shall provide one or more Project RcpresaJtarivet 10 assist in carrying out such additional orHite ~nsibilitks. ;J...U Project Rcpn:smbltives shaIJ be sclcctod, employed and dirc::cmd by the Design Professional. and the Desjgn ProlW:{onaI shaI1 be rompcns:a.tcd 1herefor as agreed by the Owner and Design Profc:sstooal. 3.3 CONllNGENT ADDmONAL SERVICES , . 3.3.1 Making materiII1 ~ioo.s in Dmviog1, Specifications or ocher docwnc:uts when such nvisions are: 1. iDconsistmt with approvals or instructions previausly givCll by the Owner. ine.luding revisions made IIcccssary by adjustmcats in the ()ymc(s prognm or Project budget: 2. required by the ~tC1t revision ofcodes, 1a",~Of regulations subsequentlo the pn:pamrion oflUCh dccuments. or 3. due tochmgesrequired asa resu.!to(thc Owner's filiIurc rorender decision in a timeJy IIllUUIer. 3.3.2 Providingse:rvices required because ofsignificanl changes in the Project including. bulnal.1irnited 10, sit.e, qUAlity, eomplc:xity, or1he Ownct'J schedule. except for sezviccs required UDder Subsection 2.5.2. 3.3.3 Prqlering Drawings, Specifications and. othct documentation and supporting data., and JXO"iding'omer scrvicc:s in connectioo with Owtge Orden and Cmstruction Q\a.age Dircctives. 3.3.A Providing coosuharion conc:c:ming rcpIactmm ofwodr;. damagoj by fire or oth~ cause during constructioo, and furntshing s.ervicc's reqaiRd m oonncctiora with the rep1acemaJt of such wort.. 3.3.5 Pmiding scrvioes made oeccs.'llD1' by the default of the CoNmctor, by major defccl3 or deficiencies in the: work. of the Contractor. or by fAiltm:: of performance of tither the Owner or Ccmrador under 1be CmtnICt for Construdioo. Page 7 S:\Oar Documeots'Contracts'D6\RW Beck PSAdoc 3.J.6 Providing!CfVices in cva1usting an extenStvc number of claims submitted by the CootraCtor or od1tts in (:(lDt)eCti()n with tbc work. 3.3.7 Providing seMoas in conncaion with a public bearing. arbitntim procoedmg or legal proecc:di:ng e:u:cpt where 1bc Design Professional is party thereto. 3..U Providing scrvic.es in additioo to those required by ArtieJc2 for preparing docwncDts for altcma!:e, separate or seqm:ntiaI bids or providing services in connection with bidding or construction prior to the completion oflbc CoDSllUcIiou Documents Pbasc.. 333 Notwithstanding anything contained in the Agrcc:mc:nl. Proposal or these Oenemi Condition! to the cootmy, all services de.<:aibed in this Article 3 rhat 8JC caused ornccessitatcd in. wbo1eor in part due to tile negligcnt.act or omissiou oftbe Design Professional shall beperfurmc:d bylbe Design ProfCMioMlas a pan of the Basic Sc:rvic:cs under the Agreemeut with DO additioIW compeDSa1iOD above and beyood the compensation due the Design Profi::s5ional for 1he Basic Sezvices. The intern:ning or OODCUrrcnt neg.Li&mce of the Owner shaD not limil1he Design Professional's obligations uoder this Subsed:im 3.3.9. 3A OmONALADDmoNALSERVICES 14.1 Providing finaneial feasibility or olba special &illdiC$. 3.-U Providing planning surveys., site evalustions or comparative studies of prospective sites. 3A.3 Providing special sum:ys. environmeutaIlitDdies and subrni:ssioos ~ for approvals of govcrnmcntaI authorities or otbcn having jurisdictton over the Project. 3..4.4 Providing services relative to future bciliries, systems and equipment 3~ Providing services lO investigate: aistingconditions or &ciIities ortomakcmcasutt:ddnrwings tbcreo[ 3.4.6 Providing services to verify the aecwacy of drawings <<other infmnatioo fumisbed by the Owner. 3.A.7 Providing coordination of construeticxI performed by ~ omtracton or by the Ownc:r's o\w. forces and coordination ofsc:rviees required in connection with constrnctioo. performed and equiprncnl supplied by Ibe Owner. 3..u Providing detailed quantity surveys or invmtOries ofmaterid, equipnm 8Dd Jabot. 3.'" Providing anaJyscs of openting and nWntcmnce tost1. 3..4.10 Making investigations, inventOries ofma1oi&ls or equipncnt, orvaluations and ddlliled appmisab of existing facilities. MJ.2 Providing assistance in the utili:zatioo of equipmeDl: or systtms sucIl as teSting. adjusting end balaDcing. preparation of cperaQon and maintenance manuals.. tra.iniilg personnel for opaation and main.teIlanoc and oons:u1tntiOll. during opntioo. . 3.4.13 Providing interior design and similar scrvica ~uircd for or in connectiol1 with the sdc:ction, pl'ClCW'l:mmt or installation oftiimitIJrC. furnishings end related equipmc::nt. 3.A.14 Providing services other dW1 as provided in Secticn 2.6.4, after issuance to tbeOwner oftbe fimlI Certificate for Payment ud.cxpiration of the Warranty period of !he Cootrad for Construction. 3Al5 Providing services of consulumb for other than ardU1ccturaI, civil, structum1. mochankal and doctrical engineering portions of the Project provided as a pllJ'l of Basic Services. 3.4.1' I'roviding IlD)' o1ber sc:Mces IlOt ot:hcrwUe included ill tha AgrccmenIIX not customarily fiuuisbc:d in accorrlmcc with gcnmtUy accepttd ard\itectur&I p- 3A.17 Prepuing a set ofrqnoducible n::oorddrBwings in addition to 1hosenquired by Subsection 2.6.19. showing significant changes in the wade made during c0n- struction based OD. markcd-up prints., dl'1.wings and odlcr data furnished by the ConltadOr to tho Design Professional. Mil Notwithstanding anything COfltained in the Agn;cmcut,. Proposal or Ihcsc Gc:nenl Condirlons to the: CXlDtrary, all sc:Mces described in this Article 3 ~t are caused ornccc.uiwed in whole or in part due to the negligcntact oromissioo oflheDc:signProfi:ssional shall bo perfotmcdby lhc: Dcs.ign Professional as a part oftbe Basic Sc:mccs under the Agreement with no additional compmsltioD above and boyood the compematkm due the Design Professional for the: Basic Sc:rvices. The mt.ervQling orconcurrent oegligcnee of the ~ sha1I DOt limit the Design Profmtonal's obliplioas 1lDdc:r Ibis Subsectioo 3.4.18. ARl1a.E.. OWNER'S Rl'SPQNSIBD.JI1ES 41 The Owner shall COMUIt with the DuiiD ProfessKxW regarding ~ fur tho Projccl. iDcluding (I) the OwDet's objcctiVQO, (2) schedule and desigD constt'aints and eritcrla, including space Jequimno:tts and rdationships., flexibility, axpmdability. special equipmertt. systems and site~. as more sped. ficalIy docribed in Subsection 22..1. 4.1 The Owner sbal1 establish and update an 0VtnI1 budget for the Project, including the CollstruCtion Cost, tho Ownct's othd' costs and rcasooable contingencies rdated to aU oftbeserosts. . 4.3 Ifttquc:sted by the Design Profcssiooal, the Owner shall furnish evideuce that financial mangc:mcnt! have been made to fulfill the Qwntt's obligations tmdcr this Ag=nart. 4A The Owner shall designate a ~tDtive authorizrd to cct on the Owna's beha1fMth respect to the Project The Owner 01" such authorized n::p~ shall render decisions in. a timely manner ptttainiDg to documents submitted by the I:lc3ign Professional m order to avoid 1ll'I.1'C1$OP8b delay in tile orderiy and sequential ~ oCtile Design Profi::sslonaJ's stMoes. Page 8 S:~r Documen13\Contrac:ts\06\RW Beck PSAdoc 4.5 Wbete spplicable. the Owna' shall fumisb sorvcys dcsenDing pbysicaI cbaractc:listia legal limitations and utilily locations for the SR oftbe Project..!lDd a wriUaI legal d~ oftbc sim. The IUI'Ve)'S and kgaJ infonDatiooshall iDcludc. tIS applicable. eradc:s and lines of streets.. aUeys, pllvema:lts and adjoimng propc::tty and strucbIl'e$'. adjacent dJaioagt; rigbts..of.way. restrictkxls.. e:ascments, ~ mning, deed restrictions. boundaries am oomoun of the site; Iocatioos. dimensioas and necessary data pertaining 10 existing buildings, other impr0vemcnt5 and trees; and infonnatim oonceming available utility ~ and lines., both publK: and privalr.. above and bc:bw grudc, inckdiDg inverts and depths. Alllbc informIIion on the 9J1Vfrj shall be refcR:nc:cd to. project benctnrwk. .~ Where tpplicablc, the Owner shall fumish the seMccs of g<:Ottdmical cnginecn when sucb scMccs am rcqucsud bytbe Dc:rign Professicm], Such ~ may include but arc not limited 10 teSt borin.g\.ltsl pUs. dctmninatiOZl5 of soil bearing values. percoIatioD~ evaluations ofbamrdous 1mk:ria1s. ground corrosion me:! re>- sistivity tI::stS. inctndin& necessary opct8tiODS for mticipating sub-soil oooditions. with reports and appropriate professional recommendations. ..6.1 The Owncf &b.llI f4m.isb 1bcscrviccs ofotherconsul1ants ~cnsucl1 servicc:san: reascnablyn:quiRd bylbt s:copeo€1bc Projectand are requested by tbe Design Professiooal and are DOC retained by the Design Probional as paIl ofits Basic Savices or Additiom1 Se:rvica. 4.7 Wlun not a part of the Additional Services. the Owner shall furnish structural. ~n;l"~1 cbemical. air and wairr ponution tests, 1CSO ofbamdous mstJ:rials.. and othef labontory and cnvironmc:nl1l tes1s, inspections and reports n:quiIed by law or the Contmc:t Docu:mr:nt:s. 4.8 The 0\\'DCl' shall furnish an legal. accounting and insunmce couosel.ing servicc:s as mll)' be necessary at any time for the Project, mcluding auditin& services the Ch\ner may require 10 verify lbe Conblldor'S Applicatiaos fur Payment or 10 &$CCftain bow or for what pwposcs the Caotractor has used the money paid by or aD bcha1foftheOwna:. .." lOO scrviocs, information. 5IUVC)'S and rcpolU rtqUinld by Owner undCl' Sectioos 4.5 through 4.8 !hall be funiisbcd aI 1bc Owner's ~ and the De$ign Professkmal shall be entitled to rdy upon 1hc: eccumcy and oompk:tcness lhataf in the absc:Dce of lIlY negligence OQ the part of the Design Professiooat 4.10 The O,vner shall givo prompt: mittennotice 10 be Design Professional if the Owner beoome:S aWlIC ofBIJy fault or ddect in the Project or n~ wiih me CootncI Docum<o>ls. 4.11 Design Professional shall propose language fOr certificates or et:rtificalions to be requested of the Dcsigrl ProfC:s:s:ionaI Of Design Profcssiotal'. t.OnWltmts and shall submir. such to the Owntt for review and approval at Iea.W fourteelJ (14) days prior- 10 execution. The Owner agR:CS not 10 requc:s,t ccrtificatiOlU that would tQ1uire koowledgc or sen'ices beyond the scope oflhe Agreemeot ARTlaL5 CONSIRUcnON COST 5.1 COl'iSTRUcnON COST DEFINED 5.1.1 The Construction Cost shall be [be tatal cos:l or estimated costlOthc Ownerofall dements oflhe Project designed or specified bytbc Design Profi:ssional. 5-1.2 The Construction Cost shall iDChtde tbc cost at curn:nl marlu:l Bles oflabor and matCrials furnished by the Owner and oquipmcnt designed. specified. selccI.cd or specially provided for by the Design Professional, plus. R3SOtIBhte aDowuce for 1bc Coot:rador's overhead IDd profit. In addition.' reasonable allowance lhr con- ~gencie:s shall be included for market oondirioIl.1 at the time ofbldding and for changes in the work during construction. SoU C<mtructioP Cost does not include the compc:usation of the Design ProfessiOQal and Design Pro&ssioDars c:oosultants. the costs of the land, right9-<lf-way. financing or o1hcr cosb which art; the rcsponsibili1y of the Owner as provided in Article". 5.> RISJ'ONSIBn.rn' FOR CONSTRUcnON COST 5.1.1 E...warioos of the Ovmer's Project budget. preliminary C'Stimatc:s of CoosttUC:tion C<l61 and ddai1cd estimates of CoustruCrion Cost prepmtd by the Design Professional rqnsent lhc Design Profi::ssiooal's best judgmmt lIS a design profes:sional bmiliar with the constl\lCtion iDdustry. h is recognized. however. dm1 neither 1m Dc:sig):l Protessiooal pO[ tho Owner bas coatroI over the cost of labor. rnaterWs or equipmeut. over the Contrac:ror's mdhods of determining bid pric:es, or aver competitive bidding or market conditions. A.ccotdingIy. the Design Professional cannot and does not wumrt or n:pcesenr that bids or cost proposals WIll not vary from theOwDer's Project: bDdgct orrrom any cstima1e o!ConstrodionCost arcva1uatioD prepared Of agreed to by lhe Design Profcssiocal. s.u No fIXed limit ofCoostructioD CostsbaD be established as a CODdition oftbc: Agrccment by the furnlshing. proposal or c:sUblishmem of, Projecl: budget. tmIess such fixed limit has been agtt<d upon in wrltingand signed by thepartiestheRtO. Itsucb a fixed limit has been estabIishod. tbe Design Professiorml sbaIl be permitted to include cootin&c:ncies for dcsjgn, biddin& and price cscelation, to dc:1ermlne wtw matc:rials. equipment. a>mponen1 systemS and types of construetioo an: to be included in the Contract Doc:uments, 10 make reasonabk: adjustmmtl in the mpe of1be Project and to mclodc in the CootraCt Docwneuts alternate bids 10 .qjus1 the Construction Cost to the fixed limit. Fixed limits. itaD)'.:shall be increased in the lll1JOunt ofan inc:casc in theContraet Sum occurring after e:xecatioo ofllle Contmct forConstructioa. s.J.3 If tbc Procun::mc:nt Ph::se ha" nOt commenced wirhiD 90 dI.ys after the DesigD Professional submits the Consttuction [)oc:umem$ 10 the Owner. any Pro~ budga or fixed limit of Constructioo Cost shall be adjumd to reflect dw1gcs ill the gmmllevd of prices in the constructim industry between the date of submission ofthc Coostroction Documents to the o.wcr and the date CD which proposals are sougb1. ; ARTIa..E6 oWNERSHIP AND USE OF DOCUMENTS 6..1 ,The Im\\ings. Specifications and other docmnarts prcpam:I by the Design Professional fur this Projcd are im:tnImdlts of the ~ign rrofcssiom1's g:r.ice and shall became the propcty of 1he (ftnct upon termination or completion of the Agreement. The Design Profc:aioml is entitled to retain copies of alllluch doc:umcn1S. StICh docuincnts ~ intmdcd ooJy be applicable to this Project, and Owner's use of such docwnmts rn Olhcr projects shall be 81 Owner's sole risk and e:q:ense. In lhe event the Owner lISCS any of the infimnatiao or materials devcloped ~ to 1bc Agrom1eu1 in anothct projocl or for other purposes than are specified in the AgTeement, the Design Professional is rdeascd!rom any and a111iabiliry relating lO1beiruseintha1 project U ~Ilbmission or disrnbution DC do<;wnents to meet official Rplamry requimnents or for similar purposes iJ connectiou. with the Project is not to be consrrucd at pub!ication in deroption of the Design ProfessiooaJ's ~ rights. Page 9 S:\Our Doeumcnts\Contracts\06\RW Dcck PSAdoc AllTICJ..E 7 TERMINATION, SUSPJ:NSJON OB.AJlANDONMENr 7.1 :TheDesign ProIcssionaJ may1enninate the Agreem.enf upon nolless: tban thirty days wrirtcn notice should thcOwnc:r fail:rubstl:ntially to perfonn in accordance with the tcnm of the Agreclncd: through PO fault of the DMgu Professional Owner may tc:rminate the AgrttmeUt or my phase lhercofwith or without came upon thirty (30) days priOr writleD notice to: the Design Profe$skmal. All wtrt. and labor being pcdbrmed under the Agre:emenl shoJI cease immc:diately upon Design ProfessbDal's recript of such nOO-:ce. Before 1M cod (lfthe thirty (30) day period. Design Profes:sionaJ.shall invoice the Owner for IlU wmk it satisfAdorily performed priorm '!be roc::eipt of such norice. No amoont shalt be due for lost or anticipated profits. All plans, field sumys. aM otbet dab rdmed to the Project shall become ~ of tbc Owner upon teaniDItion of the AgrOcmart and shall be prornpdy ddivcRd to the Owner in a reasonably orpniztd form. Should Owner subsequently comract with a new Design Pro!essiow for toorinuation of~ on the Project, Design Professional shall ooopc:nte in providins infunna6on. 1.2 :1fthc Project is SD!pC\dcd by the Owner for more than 30 consecutive days. the Design Professiooal sha1I be cornpcttSll.lcd for sctVtccs satis&ctorily pcd'onncd prior to ooticeoCsuch suspension. Wbc:D the Project is rmuncd,. die Design Proft:ssionaJ's compcosarionGbaD be equitably adjusted to provide forexpcnses iDcurrc:d fn1bc interrutytioo. snd:re$lzmption (lfthe Design Profcs,sioaal's services. 7.3 ' The> Apemmt may be la1nInattd by lbe Owna open not \as 1Iwi ..... days _ notice to 1be Design Profess_ m lit. event tIutl1be Project Is pc:nn3ncntly aba.tidonal. If the Project is abcmdoncd by the Owner for more than 90 consecutive days. the Design Professional or the Owner!llllY lMDinatc lbc Agreement by giving wriucn notiCe. 7..4 :Fanure oitbe Owner to mako paymerrts to the Design Professional forworlcsati!filctorily completed in accotdance with the Aglt:c:mel1tshall becooMered mbstautiaJ non- ~ and cause fortennirmtion. 7.5 lfthc Owner fails to make payment. to Dcsisn Professional wbbin thirty (30) da~ ofreeeipt of. statemem for services properly and satisfDctorily pc:rformed. the Design Professional may, upoo sevenda)'1 writteD.noUce to the Owocr, ~ pcrformlmc:eofservices underlheAgrccment 1.6 '1n the event oftmniMtion not the &nh oftbe Design Proftsslonal, the Desfgn Profcs1IotW. shall be compensated fur services properly and satisfactonly performed pOor to tmIi.ination. Al\TICLE 8 PA YMJ:N'IS TO TIlE DESIGN PROFTSSIONAL B.1 DIRECT PERSONNEL EXPEl'''SE 8.1.1 Direct PcnGmlel Expense is defined as the direct salaries of the Design Professional's pcr90nnel engaged on the Project and the portion of the cost of their mandatory and customary com:ribation! and benefits rela1ed thCfCtD. such cs employment taxes and other statnlory employee beDdi:ts. insw1ncc, sick leave, holidays, vac:aticm. pensions end similar cootribntions and benefits. ...RElMBURSABLE EXPENSES 8J,J Refmllursable Expc:tl$cs an: in addiIiou to compensation for Ba5ic and A.dditiorml Savices and include expenses ineumd by the Design Professional and OcsigoProfessicmaJ's employees and consultants in the mtC:re$f oftbe Projcct.as idartifitd in the foOowingCiauscs. u.u EJcpense oftransportatioa in coonection wi1h the Project; ~ in <<>nncction with authori2x:d out-<lf-town travd; Ioog-disUmec ~ons; and fees paid for securiog approval of au1horil:ies bavingjurisdiclion over die Project.. 8.1.1.2 Expense of n:productions (except the reproduction of the setS of documents referenced in Subsection 2.6.19), postago and handling of Drawings., Specifications and other documentS. u.1.3 If wtborized in advance by the Owocr. expense ofovcrtime work Ttquiring highu than regulllf rilleS. Ul,A Expenseof<cnd<rings,rmddsandmock-upstcq1lcsttdby1heOwne<. 8.1.1.5 Expense of~odd<sign onddmJtingequipmcnl time wItcn used inCOllllOClWn with one Proj<rt u..U (Xhc::r cxpcnsc:s that are approved in advance in writing by the Qwncr-. a.J PAYMENISON ACCOUNT OF llASICSERVl<Dl s.u Paymems for Basic Servic:cs sball be made moa1hly and. \\here applicable. shall be in proportioo to ~ pcrlorrnod within eaeh pbaso of.service, on the basis set fol1h in St:cti0ll3 of tho Agreement and the scheduleof\VCld(. tu.2 lfaod tothccxteDt1batthe time initially established in theAgm:;ment is exceeded or extended through no faaltoftbe Design Probsiooal.compensation for any services rmdeted during tbeadditionaJ period of time sbalI be computed in thenwmCl" set forth in Section J of theAgreclt)eol. 8.3.3 "When c:ompe:tsatJon is based on a pcn;eot:age of Construction Cost and MY portions of the Project arc deleted or ctherwise not cons:ttu<:tCd. compensation for those portions of the Project shaD be payable to the e:Ueut wvices are performed on those portions, jn..accordancc with the scbedule set forth in Section 3 of the Aveement based on (I) the lowest boDe fide bid or (2) ifno such bid or proposal is rcce;ved, the most ~ prclimirwy csrimstc ofConsaw;:tion Cost or detailed estimate ofCoostrucOoo Cost for such portions of the Project. 8.A PAYMENTS ON ACCOUNT OF ADDmONAL SERVlCES IIA.l Pa:ymellts 00 IICCOUDt of 'the Design Profi::ssiooaJ's Additiooal Savices and fot Reimbursable Expenses Wll be mado roonthty within 30 days after the pmentlltion to thc Owner oflhe Design ProCessionafs mtcmenl of servkes rendered or expenses mcwml. 8.5 J'AYMENIS WI1HD'El..D No dedactions shill be made from the Design Professional's compensatioo on account ofpenalty,liquida1cddamages mother SUIDS ~1d f'rt:Q paymarts to cootnldlxs, or on account of the cost ofdtangrs ill the v.ult olher than those for wttich the Design Profcssiooal is responsible. Page 10 S:\Our Docwnents\Contrl1cts'D6\RW Beck PSAdoc ! I ! I ~ f: ~ h , I .' U I I B f i I I f i , I I ! ! i I ; I i GN PROFESSIONAL'S ACCOUNTlN'G RECQlU)S Dc:!.ign Profi::ssionBl shall make avaQable to Owner 01 Owner's authorized representative ttO:lrds of ble Expenses and expenses pcrtBining. to Additional Services and services perlormed on the basi3 of a nmbipJe of Dircet PerscrmeJ &pcDsc for in!pcction and Iring regnlar busiDea boors for cbJee years afur the date of the 6rW Certificate of Payment. or until any litigatioo related to the Project is find. v,hichevCl' date is E' INDEMNrrY Design Professional ~aJI indemnify and save and bold twm)e:s.s the Owner llIId its olIicen. agents. and employees from and against arty and all liability, ;mand.s, da.m4gC$., k4ses, and expenses. including. but oot limited to court CO!tS and reasonable uttorney fees iDcnmd by the Owner. and including. without ~ damages for bodily.ad peaonal injury, death ;nd propcrt)' damage, multing from the negligent acts or omissions of the Oesip Professional or its officers. .ers. agents. or cmplo~ in the perfo~ oflhc ~l iIlg herein shall be construed to C:R:lte a liability to any person who is 110t. part)' to the Agreement, and nothing berein shaD waive any of the parties' defenses. IW or equity, to In)' claim. cause of action., or litigation filed by anyone OM a party to the Agreement, including the defense of governmental immunity, which aro hereby expressly reserved. t.E 10 INSURANCE During the perlommncc of the Services under the Agreement. Dc:siiD Professional shall maintain the foUowiug insunncc: with an e company licensed or authorizrrllo do business in the SWe of Texas by the State Inst1JUJ1CC Commission cr any successor ageucy that hu a rating with Best mm of at least IlIl A- or above; mprebensivc General Liability Insurance with bodily iojury limits o(not 1e!5 thao $1,000,000 for each occurreooe aDd not less than $2.000,000 in the aggregate, I property damage limits of not less than $100,000 for each occurrence and Dot less than S250,000 in the aggregate. Jtomobile Liability Insurance with bodily iqjury limi[S of not less than $500,000 fot c:acb person and not less thm $500,000 for each accide1lt. and wilh property :limi15 o(not less than $100,000 (or each accident 'orker's Composation Insurance in accordance with stAtutory requirements, lUld Employers' Liability Insurmce with limits oCnot less than 1100,000 for each It including OCCllpational disuse. rofessiooal Uability lDsurance with limits ofl]Of laoi tMn 51.000,000 muwalaggregate. :he De!ign Professional shaD furnish insurance certificates or insurance policies to tht Owner evidencing insurance in compliance with this Miele 10 at the time ; execution of tile Agreement. The General Liability IlI1d Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' >ensation policy shall contain a waiver of subrogalion in favor of tile Owner, and eaeh policy sbILlI contain II provi!Jion that such insutanCCl shall not ~ canceled or fled without thirty (30) days' prior writw1 notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date oClhe ge or cancellation., furnish Owner witb substitute certi(tcates ofinsurmce meeting the requiJwlcnts oflhis Article to. nCLE 11 MISCELlANEOJJS PB.OVJSIONS :1' The Agrc:ement shaD be govcmed by the laws of the State ofTe:w" Venue of my suit Of cause ofactioo under the Agce:meot shall lie exclusive1y in Denton County, ..... U: The Owntr and DesigD Professional, respectively, bind tbcnr>elves, their partners, SUcct$SOfS, assigns and 1eg;aJ represcIltatives to the olher party to!bis Agreement and to ..)C ~en,. s:ua:essors, assigns and legtll ~tative!. of sucb (lther party with respeQ: 10 aD covenants of this Agreement. The Design ProfcssioDal shall not assign its nterests in !he Agroemmt witbovttbewrincn consent oftheOwntt. 11.3; The term Agreemen1 as used herein includes the executed Agreement, the Proposal, lbese GeDeml Conditions and othct l1tI1Chmc:nts referenced in Section 3 of the AgrcemCllt which together represent the entire and integrated agre.cmenl: bc:twa:n the Owner and Design Profes5ional and aupenedcs all prior negotiations, representations Of agreaneats, either llr'rittm or oral. The Agnement may be amended only by ~rittm.instrument signed by both Owner aDd Design Professional. When irrtapreting!be ~t the ~ .Agre:wx:nt, Proposal. tbdc 0c:nen.I Cooditiocs and tho other aUachmmts rcfcrmced in Section 3 of the Agrcc:mc:at shall to 1be extent that is ~lU'lbly pouibla be re:a.d;o all to harmOnilx: the provisions. HOINl:Vel, should the provisions ofthcsc docwnc:ms be in coailict 50 Ib3t they can not be Ra$llMb1y barmonizW, sucb,documcnts sbaJI be givm priority in !he following mfer. J . The em:uted Agreemenl 2. Attachments referenced in Seaioo 3 of the AgKemeotolhertban the Proposal 3. These Genenl Provisk1m .. TheProposoJ 11,,",. ~oth.ing contamed in the Agreement shall create a contractual relatioDship with or a cause of action io favor of a thin:! partY agaimt either !he Owner or Oc:sign ProfessIOnal. 11.5: lJpon ~ ofprior' 'Written approval cfOwner. the Design ProfcssUmal sball bavc the right to incbJde representations ofme desigD oftbc Project, inclLldini photograplu of the cx:tenor and interior, among !be Design Professional's promotional and. professKmaJ materials.. The Design Profes!iooal'lI materials sba.Il not iDclude the Owner's C(I~cntiaJ Of ~ritWy inf'bmmtiott if1be 0wn<2' bas previously advised the Design Proft$SioaaI in writing of the specific information considered by the Owner to be confi. dent~ or propnemry. The Owner sha1I provide professional emiit fur the Design Professional on the consttuctfoo:sign and ill the prornotionaJ mar.eria.b for the Project. 11"': Approval by the Owner sb.a11 not cow.1itule. nor be deemed a release of the responsibility and liability oftbo De:sigtJ Professional, its employed, associntcs., agents. subctlQ~ors. and subconsu1:tants fur the accuncy and competency of their designs Of other wort; "nor ihall such approval be deemed 10 be an assumption of such responsibilIty by the Oo1mer for my defect in the design or othtt work prepared by the Design Professional,. it! emplo)'ee:5. subcontractors" agents. and consultann. lJ.7; ~I notlce.s, communiC1~iODS, and reports reqUired or permitted under the Agnement:shall be penonaIly delivered or mailed to the lCSpCClive parties by depositing same u: the Unrted Smtes mail to the address shown below signatuJe block ()fl the Agreement, certified mail, return rcc.eipt reqoested. unless othCJWise specified hcnilJ. All IlotlCeS sbo.ll be deemed effective upolJ receipt by the party 10 whom such notice is given, or within three (3)4a)'s after mailing. s:\Ou:r Docurncnls\Contncts\06\RW Bi:Ck. PSAdoc Page 11 11.8 If any provision of the Agrcc:meDt is Cound or deemed by. courtofcompetentjnri.sdiction to be invalid orunenforccable, it sbaJI boconsiden:d severable from the remainder of the AgreemeDt md shall not cause the remainder to be invalid or unenforceable. In such event,. the parties shan reform the Agreement ro replace such. stricken provision with a valid and enforceable provision which comes as close as possible 10 c,cpressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal. slate. and loc:allaws, rules. regulations, and ordinances appUcable to the work covered hereunder as they m8YjDOW read or hel;eina&rbe amended during the term ofthi!. Agreement. 1L1.o In petforming the Services required bereaoder, the Design Profes.siona1sha1l not discrimitwe against any penon on the basis of ra.ce, color, ~ligion., sex, natiOnal origin or ancestIy. age, or physical handicap. lUl The captiotL! oftbe Agreeme>nt are for infonnatioDal purposes only, and shall not in any way affOCl the substantive terms Of" conditiotu oCtile Agreemenl Page 12 S:\~r Docurnents\COlJtracts'106\RW Beck PSAdoc \ \ ; 1 \ \ \ ~ I \ \ r I f ; i i EXHIBIT A Scope of Services Between Beck and City of Denton Scope of Work - Bio.Tech landfill Permitting, Design and Construction Services Due to the recent solid waste rule adoption, this Scope of Services addresses permitting, design and construction of a Bio- Technology Landfill (Bio- Tech Landfill) rather than a bioreactor. The design and operation described will be suitable initially for leachate recirculation but adaptable to a bioreactor when future rules (or other mechanism) allow. Certain bioreactor aspects (e.g:, liquid amendment acceptance plan) will be prepared for the City but not submitted in this permit modification. These arc outlined in the following tasks and can be archived by the City until submittal is required. Note that the following scope of work has also been modified from that initially proposed to meet budget constraints. The tasks below focus on constructing Cells 3A . and 3B to meet the City's schedule, along with the related permitting. This scope sha1l be amended as to incorporate the other tasks as budget is available and approved by the City. Task 1 - Project Kickoff Meeting The Project Team will meet with the appropril>te City Staff to finalize the approach and Scope of Services, clarifY needs from the City, confirm the schedule and establish lines of communication. At this meeting the City will furnish appropriate information for this project including: waste receipt records, as-built drawings of Phases I and 2 along with supporting documentation and electronic files for any conceptual designs prepared and permit documents not previously furnished. The City will also furnish a topographic survey of the entire Landfill property that reflects the current excavation grades in Cells 3A and 3B. 'Ibis will become the basis for design of the final excavation and grading. The Project Team will provide the City with an information request prior to the meeting. Task 2 - Minor Permit Modifications Two minor permit modifications will be completed by the Project Team: 1) to address liner and leachate collection design changes necessary .for Bio- Tech Landfill operation and to address relocation of the Citizen's Drop-Off Area, 2) to address future surface water control and scalehouse modifications. A textured geomembrane (both sides) is recommended on both the sideslope and base of Cells 3A-3D. In addition, the current hydraulic capacity of the leachate collection system should be evaluated to verifY its ability to drain the additional liquid amendments. In conjunction with this hydraulic evaluation, the Project Team will review the leachate collection pipe diameter for compatibility with landfill gas (LFG) collection. Subtasks 2A and 2B will be completed to evaluate these issues and incorporate required changes into a minor permit modification. A second permit modification will be completed in Subtask 2C to address surface water and scalehouse changes. C Beck - All Rights Reserved n'\V'~HK ExHIBIT A Subtask 2A - Hydraulic CharaclerizationllFG Collection In this subtask, the Project Team will: . Complete Hydrologic Evaluation of Landfill Performance (HELP, v. 3.07) modeling to: . VerifY that leachate head does not exceed 12 inches with the increased liquid amendmeut addition under the current leachate collection and liner profile. . Determine the minimum permeability of the protective layer and leachate collection layer (drainage sand, rock and/or triplanar gconct gcocomposite) to freely drain the Landfill. . Validate the leachate collection trench and collection sump dimensions to accommodate the increased leachate generation. . Determine that the existing liner and leachate collection systems for Cells I and 2 are suitable for Bio-Tech Landfill operation (HELP modeling and bydrauJic capacity) since the City has installed potential recirculation laterals in those cells. . Evaluate preliminary LFG generation es\iinates and the leachate hydraulics to determine the necessary leachate collection pipe diameter to facilitate efficient LFG collection from the landfill base. . Prepare recommendations, if any, for modifications to the leachate collection design, including the potential placement of geonet on the base. Subtask 2B -, Pennit Modification Request (#1) The Project Team will prepare an application for a non-notice minor permit modification for the recommended changes (i.e., liner and leachate collection changes; Citizen's Drop-Offrelocation). A draft will be presented to the City and TCEQ for review and discussion. Applicable comments will be added into a final application for submittal to the TCEQ. TCEQ approval should be received within 60 days. Subtask 2C - Additional Permit Modification Request (#2) In this subtask, the Project Team will prepar~ a second Permit Modification request for other Modifications that do not directly affect the liner design for the Bio- Tech Landfill. This separate submittal is recommended to avoid any delay'in the Permit Modification approval presented in Subtask 2B, and thus potentially delay the design and construction of Cells 3A and 3B. These Modifications arc anticipated to be submitted under TAC 305.70 0), which are currently non- notice Modifications and include the following: . Redesign and expansion of the Southeast Pond for surface water storage for the Bio- Tecb Landfill Modification under Section 305.70(j)(1I) related to drainage control of internal run on/run off. . Relocation of the landfill scalehouse-Modification under 305.700)(8). . . Relocation of Site Entrance-Modification under 305.706)(33) as long as access traffic patterns are not altered. Access will remain from Mayhill Road, with site entrance relocated south of the existing entrY to Foster Road. . C Beck. All !tight< Roo"",,, Agrc:cmc::nt: Exhibit A- Page 2 \ ,\ i \ (,. \ \ \ \ \ .i; . ~ , \, ~. } ~ \ l I ~ i > I I f I t :1 .-., i I ExHIBIT A . Change the metes and bounds description of the Permit by elimination of the triangular section ofland where the current scalehouse is located. Modification under 305.70(j)(14) as it reduces the size of the facility and does not result in acreage beyond the original pennit boundary. Task 3 - Design of Cells 3A and 38 Subtask 3A - Construction Quantities In this subtask, the Project Team will estimate the required construction quantities for Cells 3A and one-half of 3B liner construction, including clay (available on site), geosynthetics, protective cover (available on site), and drainage media (natural and synthetic). On site soil quantities will be verified. ': ..n.; Subtask 3B - Complete Design Plans and Construction Documents for Cells 3A and 3B After completion of Task 2 and in conjunction with an internal Team Quality Assurance/Quality Control (QAlQC) review, the Project Team will develop draft design plans, specifications, and construction bid documents for Cells 3A and 3B. The schedule for proceeding with bidding and construction of these Cells will be independent of the Bio-Tech Landfill Permitting at TCEQ. This independence is based on the expectation that the construction of the liner and leachate collection system in these Cells can be accomplished under a minor modification of the existing Permit as described abovc. Meetings will be held with the City to present the draft documents and subsequently to 'discuss any City comments to the draft documents. Applicable comments will be ineorporated into a final set of plans and specifications. Aftcr lWproval of the final documents by the City, this construction project would be advertised for bids. Subtask 3C - Pre-Bid Meeting and Sid Opening The Project Team will assist the City in answering questions and providing clarification about the Project Construction Documents during the period of advertisement for bids. We will assist the City as required during the Pre-Bid Meeting with prospective Contractors and in preparing Addenda prior to Bid Opening. We will prcpare an engineer's cost estimate of the construction. The Team will attend the Bid Opening, tabulate and evaluate bids and make recommendations to the City for Contract Award. The Team will also attend the Public Utility Board and City Council Meetings to assist in the Presentation of the recommended Award of the Construction Contract. Sublask 3D - Nolice to Proceed and Pre-Construction Meeling The Project Team will assist the City in issuing a Notice to Proceed to the Contractor and facilitate a Pre-Construction Conference at the Landfill with the Contractor. The Team will also contact TCEQ prior to construction start, and provide them with the opportunity to attend the pre-construction conference as welL o Beck - All Right: Reserved Agreement; Exhibll A. Page 3 EXHIBIT A Schedule A schedule outlining this scope of work is provided in the attached Figure 1. Note that project meetings with the City and with TCEQ are indicated on the schedule. Fees for Engineering Services Based on the previously outlined scope of services and schedule, we estimate the total fee for our engineering services to be $665,500. The totill project cost represents a "not to exceed" figure, which will not be exceeded without written authorization from the City. Cost by task is delineated in Table I below. Additionally, the amount of each task will nol be exceeded without written authorization of the City. Our estimate assumes that current permit drawings and documents are available electronically from the City, as well as, a topographic survey of the existing conditions of the Ce1l3NB area. Table 1 - Engineering Fee Estimate Task 1 . Project Klckoff Meeting 2 - Minor Perm~ Modifications 3 - Design of Cells 3A and 38 Total Cost $18,600 26,900 95,700 $141,200 C Beck - All Rights Re$erved Agreemc:ot: Exlnoit A ~ Page 4 Figure 1 Figure 1. City of Denton Permitting & Design Schedule TASK MAY'06 JUN I JUl -- OCT I NOV - I,~.':.I :1 "1 " ""-,-..... -'- - "-"" '. ~ :,;1.cPRQJECr~KICKOR= MEETING ~":.~_"""",.-.::. M'--'-.~_~,., , J" * o #',,'MIN~- PERMtT MoDIACATION' ~ -"'.~~- T i ,- , _ ..:Al Hvdi.liu~c C~arnctaf,ilailori , J ! i : l 81 Permit~~o,~if!CadOtl" R::e2.~.eSf'1" q~r~il MOd,ificationReqiJest #2 f DE"ijlG~ ANltCONSTRUCnON'OFCELlS 3A AND 38. ",,,-;0 -"" -, ,:<"c:,";.- ___ r'~_ j ~,.~ ' .' ~:':~:-~neT';-~" c. ~.~. ~;Yre"i)fdjMeet'ing". ~..._--..; -- *', '" . .-. -, *. Bi~ olJ~~li~iij '-'" .-""' -"--.-~ _'__'.;___~'r,. * '... f I I ! I ! <Reviow!Reco'mmendatio~ .. Public Utility Board Approval' ''i':. City~Co~n~l' ~eeJ~~~ -D~,N6tice' to Proc;eed and Prc-S;on.';tru.c:lion Mel!liIl9~ ~;;0.~~~~~:;:~~~~~~~;;~.t~~~1~~~7~.p~~i~"'i EXHIBIT B Scope of Services Between Beck and City of Denton city oj Denton ProJectTeam Financial Information Labor Category Project Manager Principal Senior Engineer/Professional II Project Engineer Senior AnalystIProfessional Technician Word Processing/Administrative Hourly Rate $150-175 150-195 85-155 60-95 100-125 50-75 40,75 l \ ; , \ i \ I I \ I \ \-~___; ._ _h _ . . j I f .i I i i ! NoI1ll . Ralm vary bmedoo IndMduals aS$~ned to the project; rates arab 200G Rale:s will be bIDed at lncflViduaJ I'lOt.iriy lhcl cost at 8 3.1 muIliprl8l", . New profecb and any add1tlonal seMces wit not be lniliated without prior CIly al1lhodzallon. , Labor categories Bbova blend persOnnel from R. W. Bed: and theIr subconsultants on this projecl; Suttc:onsuJtant o:JSb wiD not be mart;ed up on I IIllsprojecl ;,; , ') i ! 8,'~~~~6~l\'h'IP~uty\LOCALS_1 \Temp\RW Beck PSA Exhibit a.doc I 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 May 8, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair called the meeting to order at 9:01 a.m. Monday, May 8, 2006 in the Service 7 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 8 9 Present: Chair Newell, George Hopkins, Bill Cheek, John Baines, Phil Gallivan and Bob 10 Bland (arrived at 9:07 a.m.) 11 12 Absent: Dick Smith, excused 13 14 Ex Officio Member: 15 Howard Martin, Interim City Manager 16 17 ITEMS FOR INDIVIDUAL CONSIDERATION: 18 19 6) Consider recommending approval of a Professional Services Agreement between the City of 20 Denton and R.W. Beck, Inc., to provide professional engineering services to implement 21 bioreactor technology at the City's landfill in an amount not to exceed $141,200. 22 23 Vance Kemler, Director of Solid Waste, provided an overview of the results of the RFP for the 24 design and permitting requirements for Phase 3 of the City's landfill. The R.W. Beck 25 engineering group was selected by the evaluation committee to provide the landfill design and 26 engineering services. The City's recommendation ofR.W. Beck to provide the professional 27 services was delayed due to the Texas Commission of Environmental Quality (TCEQ) rewriting 28 Chapter 330, Municipal Solid Waste, of the Texas Administrative Code. The change in the 29 engineering services required by the City of Denton was not known until the rewritten Chapter 30 330 rules were adopted. The TCEQ adopted the rewritten Chapter 330 rules during March 2006. 31 The rewritten Chapter 330 rules omitted all regulatory requirements providing for bioreactor 32 landfills in Texas. R.W. Beck will prepare and submit landfill design and permit modifications to 33 the TCEQ for the City of Denton Landfill to operate as a bio-tech landfill. The cities of Denton 34 and Dallas will work jointly with the TCEQ to develop new bioreactor rules. 35 36 The $141,200 Scope of Work includes the design and permitting issues required for completion 37 prior to the bidding and selection of a construction contractor. 38 39 Hopkins asked if there was any relationship with Biodiesel. 40 41 Kemler replied no. 42 43 Gallivan asked if the scale at the landfill would be moved. 44 45 Kemler replied that the scale and the building were at the end of life and would be relocated for 46 improved access for customers. 47 48 Bland motioned to approve with a second from Cheek. The motion was approved by a vote 49 of 6-0. 50 November 15,2005 R,w'BE (I( via Courier Mr.. To~ Shaw, C~P.M~, Purchasing Agent City of Denton 901-B Texas St. Denton, TX 7620943~4 Subject: Proposal Cor Landfill Design Consulting Serviees, RFSP # 3411 Dear Mr ~ Shaw: R W. Beck, Inc. (R. W. Beck), in association with Alan Environmental, Chiang, Patel & Yer1?Y, Inc. (CP&Y), Kleinfelder, and Dan WittliffConsuhing, is pleased to submit the enclosed proposal to perform Landfill Design Consulting Services for the City of Denton (the City). It is essential for the City to select a consulting team that understands your objectives. possesses the requisite technical expertise, and ~emonstrates a breadth of similar project experience and resources to ensure 'Ibis project is a success. With these imperatives in mind, II W. Beck has assembled a team of highly qualified and locally experienced professionals to bring their expertise and efficiency to this Project. The depth of our resources, breadth of experience, and commitment to this project can be summed up with the following: . National Bioreactor Expertise: As demonstrat~uglt.out our proposal, members of-the Project Team have extensive experience working on bioreactor projects acroSS the United States. Our proposed Project Manager, Mr. Fred Doran, brings to the project over 20 years of solid waste engineering and consulting services. He is currently managing two bioreactor. projects and two leachate recirculation projects. Mr. John Baker (Alan Environmental) likewise brings substantial bioreactor experience, with over a dozen projects including several with "fluids added." . Previous Experience with the City ofJDenton: R. W. Beck has detailed knowledge of ~ity. having recently completed a review of its Solid Waste Operations. In antici~oJ11if the City's bioreactor project. we performed a site visit (which included the wastewater plarft), reviewed the City Staff's cOstlbenefit analysis, and gained an understanding of the Project through initial communication. Additionally, while with another firm, proposed Assistant Project Manager Bill Hindman (CP&Y) gained intimate knowledge of the City's landfill while leading previous City of Denton Landfill projects.. . Solid Waste Engineering Experience:. Lead engineers on the Project Team have a minimum 12 years of landfill comprehensive experience focusing on siting, community involvement, permitting, construction, operations, closure, leachate management (including r::ecirculation and bioreactors), and landfill gas management and utilization. Kleinfelder brings specific experience in slope stability analyses, including the evaluation of bioreactor oonditions~ . Solid Waste Permitting Expertise in Texas: Our Project Team brings a wealth of knowledge regarding operational and regulatory requirements for solid waste facilities in Texas. Mr. Hindman has been responsible for more than 75- Texas solid waste permit applications. amendments and modifications. As the fIrst Chief Engineer for the Texas Natural Resource Conservation Commission (TNRCC, now the TCEQ); Mr. Dan Wittli:ff had oversight responsibility for not only solid waste but also water. wastewater and air permitting. In that capacity. Mr. Wittliff, helped 2P2303-L TR-FINAL2.doc 1380 Corporate Center Curve" SUite 305 St Paut MN 55121 Phone (651) 994-8415 Fax (65l) 994-8396 * ~-_/- Tom Shaw, C.PaM.~ Purchasing Agent November 15,2005 Page 2 resolve contentious permitting and compliance issues throughout the state. Mr. Baker also has experience in permit and compliance issues with TCEQ for numerous solid waste landfills and two hazardous waste landfills in his prior role with Waste Management, Inc. Now in the final phases ofbioreactor pennit modification at Dallas' McCommas Bluff Landfill (one of the largest public landfills in the country and the largest bioreactor proposed to date), our entire Project Team has been through the TCEQ's permitting process and therefore is better positioned to meet the City's desired Project schedule. . Air Permitting Experience in 'texas: For McCominas Bluff Landfill in Dallas. and 121 RDF in Melissa, Mr. Wittliff wrote and secured standard air pennit for two of the largest publicly-owned . MSW landfills. in Texas. He also wrote applications for Title V Air Operating Permits and renewals . for 121 RDF, MclGnney, and Maxwell Creek Landfills. . Most recently, Mr. Wittliff worked closely with TCEQ regulators in developing g30 TAc 330.. Subchapter U air permitting rules for MSW landfIlls, with special regard to how they l;lfi'ect bioreactors and leachate recirculation. He wrote an air permit amendment for the McCommas Bluff Landfill to incorporate changes in emissions and controls caused by implementing bioreactor technology · . Project Team Commitment: By teaming with firms we have collaborated with in the past, R. W. Beck has created a pool of engineering resources and regional expertise that not only has.the qualifications to respond to the City's needs. but the proven ability to work together as a team. We understand the importance of this synergy, knowing that baving solid working relationships geared toward a common goal will create better results for the City. We also commit to tOut the success of your bioreactor project, bringing regio~l and national recognition to the City's effort. On behalf of the entire R.. W. Beck team, I provide both a personal and a corporate promise that the key staffwe propose will work with you for the duration. of the Project. If you have any questions regarding the contents of our proposal, please do not hesitate to contact me at (651). 994-8415 or fdoran@rwbeck..com. Sincerely ,. R. W. BECK, INC. P.E. Senior Director and Project Manager FJD/sd 2Pl303.L TR-FINAL2~dQC Letter of Transmittal SECTION Background t ~ I ~.~..~. ~ ~ ~ t ~~... ~... ~~ ~~~. ... t........... t. ~ ~~..... ~.. ...... h..4 ..... .~....... .0<.... ..~... ~ ............... 1 Organization .... ~....~ ~. .~..........,.,....... ~.............. ~..~ ~..... ~......." .",. t ...... ~.......~..~... ~... ~~. -'.0.10 ~..... 2 Experience....~................... n.. ....... ..,. I ~............ ~.. ..... ~t ..... ~................. ~.........,......~... r.. ..... 3 . Table 3-1: Select Bjoreador and leachate Recirculation Experience Project Approach............. ...... ........... ~......~.................. ......10...... -. -.... ~... ~""",.,,,..,,....,,...,,, ~~.. 4 . Figure 4-1: City of Denton Permitting & Design Schedule Project Team . K......... t.... .,. ........... t ~............., ................ t ..... ..~........................... ~... ~........ ....... ~'..'. 5 . Table 5-1: City of Denton Landfill Project Team Quafit)r Control .... ~~.... I....... ~.~...., u.. ~ ....~.". .......... ~.... ..... to.. ~.."!" t ..... ......... t.... ........ ~.~... ~... .... ~ 6 Select Project Team Resumes...... ..... .".nu... n.., ....... ..... .... nnu t.... """'.,cH Appendix . John Baker . Scott Coon . Fred Doran, P~E. . Jeffrey Dunn P. E.J G~E.. . William Hindman, P.E.. . Frank PugsleYJ E.!. T. . Michael Shiflet. P.E. . Dan Wrttliffl P.E. @ Copyright 2005~ R w. Beck~ inc.. All Rights ReselVed TABLE OF CONTENTS RIW1llrCl( ~ ..;~ ~:~r' SECTION 1 BACKGROUND Depth of Firm Experience and Proven Credentials Promotes Project Success R. W...Beck, Inc~ (R W. Beck) understands how important it is for the City of Denton (the City) to secure reliable consulting services for its landfill design, permitting, and construction management project (the Project). We were diligent in forming a Project Team comprised of reputable firms with the credentials and regional experience to ensure that each phase of the Project is undertaken by undisputed experts.. Our entire Project Team forged a respected relationship while working together on the municipal solid waste and air permits for the City of Dallas McCommas BluffLandf1l1 bio~tor project. Although the firms are unique in specialties, each possess the following requisite qualities to ensure your Proj ect is a success: · Municipal solid waste expertise · Bioreactor technology experience · Texas regulatory lmowledge, including permitting the McCominas Bluff Landfill bioreactor · Construction management, documentation) and material testing qualifications · Commitment to meeting schedules and budgets · _ Strict adherence to quality control measures ' The following company profiles describe the history, development, and primary- areas of practice of the fmns selected to fulfIll integral roles on our Project Team~ R~ W. Beck, Inc. Founded in 1942, R. W.. Beck provides management consulting and engineering services in planning, financin~ operating, and designing facilities for. solid waste, water, wastewater, electric, and gas utilities. We provide professional services throughout the. United States and in a number offoreign countries, and have served some of our clients on a continuous basis for over 60 years. In 18 offices across the United States and an office in Singapore, we have approximately 500 employees. R. W. Beck has built its reputation for excellence and integrity while continually expanding our capabilities to respond to client needs and cbanging market conditions. We strive to be on the cutting edge of technology and one step ahead of indus1;ry regulations to help clients understand their business impacts.. Around the world, we have helped clients determine the engineering and economic feasibility ofproject development, have provided consultation on project permitting, financin& design and construction engineering, operations analysis, and continuing consultation to management. Since 1997, R. W. Beck has been at the forefront of leachate recirculation and bioreactor technology. We have consistently been included on Engineering News Record~ list of top engineering and design fnms~ Chiang. Patel & Yerby, InCa Chiang, Patel & Yerby, Inc~ (CP&Y) is a full-service multidiscipline engineering firm, offering its services to the solid waste, water, wastewater, transportation, and transit industries.. Since its inception 25 years ago, the finn has maintained a steady growth in each of these areas by providing clients with 2P23Q3...1-Background.doc 1-1 .p ~ SECT10N 1 innovative solutions to infrastructure needs. CP&Y's engineers are known throughout the industry for their "can-do" attitude and their ability to meet even the most difficult of clierit budget and schedule - constraints.. Staffhas in-depth knowledge of the Dallas Metroplex solid waste market and the Texas landfill permitting process under current and upcoming Texas Commission on Environmental Quality (TCEQ) rules. CP&y is ranked as one of the ''Top 500 .Design Finns" by the Engineering NeWs-RecDrd as well as being listed in the top five of the ''Largest Metroplex Engineering Finns" by the Dallas BUsiness Journal. CP&y currently employs more than 190 qualified and trained persOnnel who offer experience, dedication, and personal concern for the Client'S. needs by performing a wide range of engineering services. Additionally, CP&Y has been certified as a minority-owned business enterprise (MBE) by the North Central Texas Regional CertificationAgency. Alan Environmental, LLC Prior to starting his own company, Alan Environmental, LLC!! Mr. John Baker previously worked 23 years for Waste 'Management, Inc., the fmal 12 years as the: Director of New. Technology and the driving force behind their bioreactor program. Throughout his 31 year career of studying environmental impacts of landfills and remedial sites, Mr. Baker has developed innovative methods to assess, remediate, and manage landfills. With over a dozen bioreactor~landfill projects to his credit, Mr. Baker was instrumenta.I in the permitting and design of the nationally recognized Outer Loop Landfill bioreactor in Louisville, Kentucky working with the and the U~S.. Environmental Protection Agency (USEPA) on. a cooperative research basis.. Mr.. Baker is a recognized expert in bioreactor landfills, 9dor control, alternate caps, groundwater quality, hydrogeology, and landfill operational efficiencies. He has led numerous state and federal workshops for bioreactors, groundwater monitoring and assessment techniques, and innovative technologies for goundwater remediation, such as constructed wetlands.. Kleinfelder Founded in 1961, Kleinfelder is an employee-owned, multi..msciplinary, engineering consulting firm,. specializing in geotechnical~ environmental, and construction materials engineering and testing. Kleinfelder's diverse staffincludes geotechnical, materials, civil, and environmental engineers; geologists and hydrogeologists; environmental scientists and toxicologists; regulatory compliance experts; and engineering and laboratory technicians that cover a broad range of disciplines~ They offer clients a full range of technical expertise and resources for comprehensive analysis and solutions to their problems. Their customers include federalt state and local governmental, agencies and private industry including a number of Fortune 500 companies..:. Kleinfelder's experienced professionals unders~d the needs of businesses and municipalities who have the responsibility to meet the demands of the ever-changing regulations that have become a complex aspect of their daily operations~ Kleinfelder has a team of specialists qualified in an array of solid waste management areas including: . Landfill permitting · Slope stability analysis · Landfill constmction quality assurance/quality control · Regulatory compliance environmental investigations and monitoring 1-2 2 P2333-1-Backg round. doc ': · Landfill gas and leachate control systems · Landfill operations management · Land use development and community relations BACKGROUND I ,- Dan Wittliff Consultings PLLC Mr~ -wittliff is a professional engineer with 32 years of widewranging and comprehensive solid waste and engineering experience in Texas. He is the former Chief Engineer of the Texas Natural Resource Conservation Commission (TNRCC, now TCEQ) and is Principal of Dan Wittliff Consulting, PILe - a firm providing professional engineering senrices in environmental engineering, regulatory affairs, and energy systems~ Mr.. Wittliff keeps complex and multi-phase projects on schedule and within budget~ He maintains regular contact with the clien~ regulatory agencies, engineers, and contractors involved in a project. . Because afms experience in government and industry, Mr. Wittliffis a skilled consensus builder who proactively engages the community on behalf of clients to address relevant issues early and economically. On behalf of his clients~ he is an advocate for cutting edge technology (e.g.~ biorea.ctors and leachate recirculation) to improve operation, compliance, and finances~ In the area of air permitting and compliance for municipal solid waste (MSW) landfills, he wrote and seemed Trtle V Opemting Permits for three MSW Landfills and New Source Review Air Permits for two MSW landfills (one with a bie-technology amendment). Mr. Wittliff also conducted high volume J sampling of dust emissions from several materials processors at a MSW landfill and obtained a permit for a rock cmsher. He persona.Ily coordinated the regulatory interface on the development ofbio- technology at McCommas Bluff Landfill with ~th the MSW andAir Permitting staff at TCEQ. Additionally, Mr~ Wittliff developed a public ou1:,reach program and materials for bio-technology at McCommas Bluff Landfill. He honed his outreach skills at TNRCC where he represented environmental agency Executive Director at contentious public meetings on sensitive environmental issues that included air and water pollution as well as contamination cleanups.. R. w. Beck, Inc. 1-3 ~ SECTION 2 ORGANIZATION In response to the required firm organizational structure descriptions in RFSP #3411, this section includes organizati~ charts for R. W. Beck,_ CP&Y and Kleinfelder4 Alan Environmental and Dan Wittliff Consulting -are individually operated companies. The following organization charts illustrate overall cotporate structure by department naming key personnel and demonstrating the depth of resources employed by each firm beyond the staff proposed for this. Project in Section 5. Specific staffing details for each firm are as follows: " · R.. W. Beck ~ Approximately 560 employees; Technical and support staff are brokeI1. out into the Energy- and Water & Waste Resources Sectors as illustrated below. · ,CP&y - Approximately 190 employees; Technical and support staffmembers are numbered by department in the organizational chart on the following page. · Kleinfelder - Approximately 1800 empl~yees; Detailed leadership overview is shown in the organl7BtionaI _. on the following page; Technical and support staff are dispersed throughout the 6, - . beige-colored departments. " .. R. W. Beck, Inc. _ " Sector and Practice Organization Chart Pl-:;~~t.B"rJ :]Tl:j - Chl!~f ht~LU~Ii.' ~~ CFi.cer RlIs~ Stepp .crm;f rirl3:nLld OftJ[:ar ,HfHj =~;if.f Dperatqn J~fICf~: AI Mu till sio ENERGY SECTOR WATER & WASTE RESOURCES SECTOR Executive Vice President TIm Campa Ex!cutive Vice President Ed WBIzDI P~A ~ltC[S ~!~~C : ir:F::; , Energy AWl CDnSUItin; Pnr Harnm. VP UifIItv EngIneerinQ Jim IlaxIK VP MInagatnent & Economic ConsuUing JOI MenoioeUL VP s oIicf Waste ' Rubert C:raggL :vP 'Walsr Resourca Jeff SdnIIz.. VP Ulity S8tVicG WIiI Cdda VP SllaIagic Progrmns Dan JacNm.. vP \~.;rrrDl~J3 E StlliS - , ~~1:"fi illl~~3 ~ UJil " : - . Senior Va PresHent ".' " . - -Seni 01 .Vice President ..-B~ ~eynold. " ." _ ' <: - Stave Gates _ _' , ' _ _ . I . ( _ "I - ~ : I ~ _ -;}i_-_~~:--~~3~1/;,{:~{:~:\.::..~~.:B~:~0~;:2:';:;.. .. '..~--__E~:\;',. -. .:-ii-,_;;;i~w? ;1 2?2303-2-QJyanization.doc 2-1 ! ~ SECTlON 2 2-2 CP& Y O_rganlzational Chart PI f ~It:r:m!' -j~~~~J 1.1 ;'11 :1;FffiCllt T t~m - --;-;;-&r~~J.i--;-~ - . :~~-!t::,;- - i - - - - - - l:lH~I~) es~ D :,-,.'1' lupm I~l, t ------ ---t ~~~~t< - i . -;::~~~~- _: Chi('.f Fm~nt1J~ 0 ffi -;f., f - _~nn~t~~~_C_~~_{, l1 : -'.'i~~"-- ~:~~~_:- ; I _ _ __ _ ~ KJeInfeJder Group Cfganization Chart August 200S J.lt\.tJ ,....... Ch1t!11it1u:IM ot1Icw ~ ~... HI6mfJ RM:xft;a MIIic ,... tIS ..,~ HHIh & SItICr' t..aIfII D.... ~~ 'Id~ ~~ ..... :ttam.1o ~~ & T1ak1Ing mo.. Pr-..at ~ TIr85a ary.e.n ~~ JIm XltIntIltItr ~ :-_~ == ~== ... c.n.u ~~& ~~ Ch1k~ Avialb'7 ,... BQnIkI Fethn1 DorI ~INJ' &111m IIIKLEINFELDER EX'ECT .. oa. lWIan:11 Ed Rn- ==:, -.. ~ EngiWing Bna HIJtaR ~lnp v.::ant ...... VBanI EnMltwmMW 0... .... ~ ~ ... DIm Sof.:jw.". o.t............. Qady~ JrIfry Canm. ....... Lab &K$CO 2P2303.2-Organization.doc !'- ~ .... " SECTION 3 EXPERIENCE Broad Solid Waste Experience .Ensures Big Picture Awareness and Detail-Driven Results Our Project Team provides nationally-recognized consultants with the critical skills necessary to successfully deliver comprehensive landfill design services to the City. By teaming together on this Project, we have created a pool of engineering resources and regional expertise that not only has the qualifications to respond to the City's needs, but the proven ability to address critical project issues as they arise.. , , As demons1ra:ted by the project desc:riJ>!ions included in this section. our Project Team has extensive - experience performing multi-faceted municipallandfil} and ~lid waste management services. We understand the big picture .of what it entails to successfully design an environmentally sound landfill, while simultaneously focusing on construction management, proactive communication with regulatory agenciesj and managing schedule and cost issues. Based on the Solid Waste Association of North America (SWANA) liSt of bioreactors sites, Project Team members have played a role in almost 30 percent.of recognized bioreactors. Table 3-1 provides a matrix of select Project Team member bioreactor projects. indicating team members involved and project outcomes. . I . Additionally, of the projects tabled on the following page: · Five have added liquid amendments, with. two pending j · Fiftee~ are considered full-scale operations~ with footprints exceeding 10 acres · Three sites are earning additional revenue through acceptance of conunercialliquid wastes · Ten are considered bioreactors, since the combination of leachate and liquid amendments added allows the waste moisture content to attain field capacity · All have extensive monitoring and reporting requirements to meet permit conditions and research goals The Project Team also has numerous innovative "firsts" and notable successes, including: · Permitting the first bioreactor landfill in Texas~.and the largest bioreactor in the United States · The only known leachate land application ~m on the cap of a closed, unlined landfiII .~ · Several instances where proactive communicaQon and permitting were required to meet critical client construction schedules, or reduce construction/operation cost · Use of waste tire shreds or chips for leachate collection or recirculation media · Perimeter erosion and landfill gas (LFG) contrQI using geomembranes · Use of large area permeable beds for leachate and liquids recirculation · Use of alternating diameter recirculation pipe tb accommodate waste settlement · Modified vertical LFG well design to minimize liquid blinding · Design of proactive LFG emission controls for:bioreactor · Investigation and approval of alternate or evapotranspiration caps for landfill closure 2P2303-3-Experience,doc 3-1 - SECTION 3 c;~ur~~'ia~r~dft!I..:dH . .:,~:t(Wi;i;:~~~i~f'~>::,!"))}N~;t;~~;";~;::it;,~.. . ':c: ;;' \' .:.:~~8i.. ;~. ~: .\-> y, ~(~.. . . ,.;,~~,,;,'.,i. ,". ~RpWS. ~~II.~ ~.:. .,'; . ,:. ::',' .' :.li~:-~;:i~~~~~;~{;::;;: ..:'I,\f,S,,;";;:T".~~~('''(i '. . ki~h..~~,.':~~il,.~ . <.:;: "'lr.;;~!#~~t~~~~~~*3~(?;::1' . ~rO'=~} Ltlndfill... G~. .',:.' r;i~w~':;i,?i::>~;.;;;:'f':;;:' :.i?7'.,_j;ij Lyon County 3 UN t:~:~: ~.~+~:"~,:~~.,;; ;-~..~~>~~~i:~/-~-~.~ ;::,\ _}. '.:.' McCommas Bluff Landfil~, _~ McGill Landfill, Iftl Metro La:ndfill, WI Mid..peninsula Landfill, VA . ::<.;. - :1 ~ ::':' :":...:,.':' ..'-"o~ -Bi~fids,'.~" " ...- - -'. .:: ~.::i j ~ ~- - : '. ~ _:~~:': - t Northem Michigan Landfill,. MI Northern Oaks Landfill! MI .:.. . .';r,:'.' ,:.. ,.' <'., - \ ",_: - .. * "' -.' ::'.',' I - , . i r - I_ I I ~ I '. . ~ I - I- I I I. _ : I. ~. ';- '~ ' Baker '. :,_- - $aker - '.' . '_ Ba.l~er. Baker ;:nn":'I)I~'::; P=~t ~ ... ";~'~~_,~2~~~~_-r ~:.:: Baker Baker Baker " j >1, ,2_,3~4t?~6 - Baker 4 - '- -. f ": -1-~~;3.4J~ - .' Outer Loop Landfill. KY ."..- BiosoJids, commercial,. '1!1 Baker ~ . - . wastewater . Spruce Ridge Landfill. MN I .. . . . . i Baker, ~~~ ~on, I * Waste at field capacity due to volume of leachate recfrcolated & consJdered a blol'9actor.. ~ ": 1,2,3r4,5,6, , t '. 7 . l .-. .- i ".1 t~13t4j5~~ . ~rienoe.doc Outcomes: 1) Airspace Recapture 2) Enhanced lFG 3) Construction Savings 4) Leachate Disposal Savings 5 Waste & Leachate Stability 6 Extended Life Revenue from Su lemental Fluids 3-2 ~~ EXPERIENCE The following project descriptions for R. W~ Beck, CP&Yand Kleinfelder demonstrate the experience of the staff members proposed to perform similar services for the City of Denton. We are committed to using only these selected team members, whose previous relevant experience "is critical to effectively managing the City's Project. Additional relevant-project experience for Alan Environmental (John Baker) and Dan Wittlilf Consulting are provided in the appendix to this proposal. Bioreactor Landfill Permit Modification McCommas Bluff Landfill City of Dallas, TX Budget.ecllActual Construction Costs: NlA (Stili under permitting) On.tima Construction Performance: N1A (Still under permitting) The City of Dallas, Texas wants the McCommas Bluff Landfill to be perinitted as a bioreactor landfill beginning with Cell 6, scheduled for constructio~ in late 2006. As owner of the largest public landfill in Texas, the City is interested in reuse ofbiosolids from Dallas' Water Utility, as well as other liquid amendments, to speed waste degradation" To accomplish its goal, the City hired R W. Beck (in conjunction with proposed Project Team member~s CP&Y: Alan Environmenta4 Dan Wittliff Consulting, and Kleinfelder) to continue its engineering serviCes at the land~ which began with an operations study in 2000 and a landfill gas model developed in 2003. R.. W. Beck is managing a team of engineering, environmental, and regulatory experts to obtain the permit modification to implement bioreactor technology for Cell 6~ as well as possible use with other qualifying cells" R W.. Beck's team has reviewed existing bioreactor projects and has visited comparable benchmark facilities with citY staff. The team developed a list of parameters for consideration that would qualify a landfill in Texas to be a suitable candidate for bioreactor technology, as well as to evaluate site compatibility for a bioreactor. From this list of requirements, the team has developed a conceptual plan for design, operation, and monitoring for the bioreactor, including a cost/benefit analysis of the selected anaerobic bioreactor methods. Regulatory experts on the team have meet with state permit staff to research the permitting requirements (both MSW and air permits) and plan the permitting framework of the bioreactor project.. The end prr3duct of this project will be a permit modification application to allow the construction of Cell 6 (approximately 120 acres) as a bioreactor cell.. The notice permit modification is scheduled for submittal~ o~ schedule, in late 2005. Throughout this project, consideration has been given to the importance of community acceptance in gaining approval of this permit modification~ During the next upcoming phase of the project, the team will gather feedback from project stakeholders (regulatory, city officials, and civic ~rganiza.tions) and provide information to these stakeholders throu~ organized presentations and an informational meeting. As tools,. the Project Team developed a brochure,' an animated three-dimensional video of the bioreactor, and a one...page informational flyer for the TCEQ~ Solid Waste Operations Review City of Denton, TX , Budgeted/Actual Construction Costs: N/A (Non-constnlction project} On-time Construction Performance: N/A (Non-construCtlon project) In March 2005, the City of Denton retained the services of R. W.. Beck to complete a Solid Waste Operations Review. The purpose of the study w~.s to evaluate the operations of the City's landfill and solid waste services, with the primary goal being,~to ensure that the City was operating in the most cost effective and efficient manner possible. Through. a combination of staff interviewt extensive field R W. Beck, inc. 3-3 "t ~ .~' ~: SECT10N 3 (~ operations. and experience conducting similar assessments for other cities. R. W. Beck expected to identify several opportunities for the City of Denton to improve the cost effectiveness of their operations. &.. W. Beck made recommendations across the solid waste operation that had the potential to reduce cost savings or increase net revenue by a combined $1.7 million. One of the recommendations was for the City to transition all residents to cart-based colleCtion using automated and semi.automated collection vehicles. Shortly after R. W. Beck completed the review. Denton's City Council approved cart-based collection for the entire City. R. W. Beck became very familiar with landfill design and operation during this project, discussing the potential bioreactor with City staff. Landfill Engineering, Permitting, Construction, Hydrogeology and Reporting Crow WJ~g County MMSW Landfill Crow Wing County, MN Budgeted/Actual Construction Costs: $3.5 mllDon since 1991/PrOjects within Budget On-time cOnstruction Performance: All constnJction projects fa date have been completed on-time Members of the proposed Project Team have provided comprehensive, sitewspecific landfill engineering services at the second largest public landfill in Minnesota for 15 years, and continue to provide landfill engineering and consulting services to the County on an ongoing basis. Our services have encompassed all phases of solid waste planning and landfill development for the County. The Crow Vmg County Mixed Municipal Solid Waste (MMSW) Landfill is located on 480 acres owned by the Cmmty, in North Central Minnesota. En~eering services have included: . Siting, permitting. and construction management of the first Subtitle D compliant landfill in Minnesota . Closure of an adjacent, unlined MMSW landfill. including an LFG control system and flaring facility . Permitting and closure construction management of an adjacent unlined demolition debris landfill . Permitting, constrncti.on management, and operations assistance of a full-scale bioreactor . Development of a "Recirculation-to~Energy" or RTE project to utilize the LPG generated at a local wood products company; the bioreactor has created a feasible energy project at a landfill that otherwise would not require active LFG control . Design and construction management of ttrrt;e leachate pretreatment ponds . Design and construction management ofan,operator~s maintenance shop . Quarterly and annual regulatory reporting Landfill Engineering Services . East Central Solid Waste Commission MOris MN Budgeted/Actual Constructlon Costs: $1.5 million sincs 2003J Projects withIn budget On-tlm, Construction Penormance: All constructlon projects to date have been completed on--tim. R. W" Beck was awarded an on-call service contract for the East Central Solid Waste Commission (ECSWC) Landfill near Mora, Minnesota. the largest public landfill in the State. R. W. Beck has or is in the process of completing a number of tasks including: construction of an expansion cell. preparation of a re-permit application. and investigation and remediation of migrating landfill gas. In addition, we are 3-4 2P23O~.doc EXPER1ENCE assisting the Commission in evaluating and permitting their landfill expansion options and establishing a _ leachate recirculation system. R~ W. Beck designed and provided construction management for the Phase 5 landfill cell expansion at the ECSWC Landfill. Due to 'the rapidly decreasing .amount of available air space, the new Phase 5 cell had to be constructed in an expedited time frame. The challenge was to get the cell constmcted during the 2003 construction season, which required plans and specifications to be completed and the contractor selected by May 2003 - only two months after R. W. Beck was awarded the on-call service contract. Plans and specifications were completed on time and the phase was constructed in the sunimer of2003~ R~ W~ Beck also completed a permit reissuance application for the ECSWC Sanitary and Demolition landfills. As part of the permit, R. W. Beck.recommended removal of final cover from clo~ areas of . the Sanitary Landfill in order to recapture airspace Vlith steeper 3: 1 slopes. This innovative approach will allow East Centtal to gain several more years of life out of the landfill in its current footprint As part of the application, R. W~ Beck has recommended excavation of the CWTe11t Demolition Debris landfill with waste placement in the lined vertical expansion. This will allow MMSW landfill expansion - flexibility in the future. Leachate pretreatment ponds were also approved in the application.. In addition, R. W. Beck successfully entered ECSWC into the 11PCA Phase II recirculation pilot program with an RTE project Recirculation of leachate at East Central is projected to provide $3.3 million in benefits within the next five years and provide landfill gas reuse benefits. - Additionally, R. W.. Beck is assisting East Central in evaluating its future landfill expansion options. Future landfill layout options being evaluated inolu4e: the shape of the landfill footprint, the location of leachate treatment ponds, the viability of mining .the area to be developed for sand and gravel, and the feasibility of excavating the unlined ~SW phase to minimi7e environmental risk and increase lined capacity~ Permitting work will include completion of an Environmental Impact Statement. In 2005, R. W. Beck designed and provided conshuction management ofhoth a leachate 1reatm.ent pond and an active LFG control system. Solid Waste Engineering Services Lyon County Marshall, MN Budgeted/Actual ConstTucUon Costs: $387,000 (2004 recirculation system expansion); Project completed under budget at $295,350 .,- On.fime Construction Performance: All construction projects to date have been completed on41me The Lyon County Regional Landfill is currently the fourth largest public landfill in Minnesota, representing a large geographic customer base in the southwestern part of the state~ R. W. Beck was hired to provide Lyon County with a variety of engineering services to assist the County in the continual development and expansion of its solid waste m8nagement and disposal facilities~ Current services have focused on the Countyts Phase 7 Leachate Recirculation System Expansion. These services include design calculations and materials determination for pumping and piping the leachate; preparation of dmft and final construction plans and specifications for the recirculation system; a contractor pre-bid meeting, bid review, and recommendations; review of contractor submittals; contractor pre-constmction meeting; construction documentation; and. preparation of the documentation report. The leachate recirculation system will cOnsist of laterals in Phase 1 with a manifold system within the cell footprint. The system was sized for expansion as Phase 7 is filled.. . ~ ~ R w. Beckl I~ 3-5 SECTION 3 In addition~ R. W~ Beck has begun planning for a major expansion permit. Recent work has included preparation of an environmental assessment worksheet and wetland delineation. The 50-year expansion permitting will incorporate wetland mitigation, aD inward gradient design, reconfiguration of the current leachate management syste~ and leachate recirculation~ LFG and Lea~hate Extraction System City of Sioux Falls, SO Construction Costs: The City Budgeted $1,153,800; Project comple~ed under budget at S1, 106,253 On-time Construction Performance: All construction projects to date have been completed on-time During 200S, R. W. Beck designed and documented construction and start-up of a dual extraction system in the pre-Subtitle D portion of the City of Sioux Falls" Landfill.. The system consists of 19 (of approximately 100 eventual) dual extraction wells, connecting laterals and headers, leachate drains, and lift stations to dewater the first of three phases of the landfill. Historically high " leachate levels needed to be drawn down in order to meet regulatory closUre requirements and allow LPG collection and recovery. - ' R. W. Beck designed a unique dual extraetion system utilizing a single well casing and drain system combining both gas and liquids recovery~ Pneumatic leachate pumps were installed in each well, discharging leachate to the LFG collection network which was then separated using vacuum breaks and a series of six lift stations. The system has work~d as expected and the first phase of the landfill is currently undergoing dewatering~ In conjunction with the anticipated increase in leachate generation, R. W. Beck is currently designing a double composite lined leachate treatment pond; constnlction is scheduled for 2006.. Also, with the first phase of the LFG collection system installed, we have completed the plans and specifications for a blower/flare system. Construction is set for 2006 with subsequent performance testing~ ( Sanitation Department Program Management City of Dallasl TX Budgeted/Actual ConsfnlctJon Costs: NIA: No constrUction costs associated with this project CP&y is providing engineering aSsistance and program management services to the Sanitary Department of the City ofDallas~ In this rolet CP&Y is resPonsible for monitoring and coordination of the activities of design firms and contractors engaged in multiple construction projects at the City's McCommas Bluff Sanitary Landfill and the City's three solid waste transfer stations~ Current projects are: 1) construction of a new waste cell including excavation, liner and leachate collection system construction; 2) levee and slurry wall construction, and 3) relocation of a 66..inch wastewater line. ' CP& Y reviews all plans and specifications prePared by the design teams, "monitors construction activities, documents progress, reports to City staff, and prepares appropriate annual and quarterly reports for submission to the TCEQ. CP&Y provided a fmancial assurance analysis for the landfill and transfer stations. and long range planning is underway to predict landfill cell development 3-6 2P2303-3-ExlSrienceAioc EXPERIENCE Municipal Solid Waste Landfill, Permitting, Design and Construction Management City of Del Rio, TX Construction Costs: $1,450,000 was budgeted; Project completed uncler budget at $1,360,000 On-time Construction Performance: All construction schedule milestones met Permitting: CP&Y prepared the permit modification to bring Del Rio's Type I Solid Waste Municipal Landfill into compliance with the Subtitle D regulations. Through thorough investigation, quality engineering, and close cooperation with the client and the lNRCC, CP&Y was able to save the City approximately $300,000 on a typical 5-acre cell by receiving approval for anAltemate Liner Design (ALD). Considering both the liner and final closure cover, overall savings for the permitted landfill will . be approximately $2 million. Additional savings' were achieved by obtaining a waiver of groundwater monitoring requirements~ Design: The ALD Consists of two feet of compacted clay liner and a leachate collection system" Because of the unavailability of local gravels meeting the:maximum calcium carbonate content, shredaed tire chips were used for the drainage layer and the protective cover for the clay liner. Crushed stone, trap rock from Knippa., Texas, was used for the drain~ material around the collector pipe. Side slopes are 3H to IV, with two feet of compacted clay liner overlaid by a geonetlgeotextile drainage composite and two feet of protective soil cover. The cell bottom slopes at 1 percent to a leachate collection sump and a submersible leachate sump pump~ Construction: Construction management provided. by CP& Y included review and approval of all submittals and pay requests, onsite construction progress review meetings, and general consultation to the City. Construction was completed ahead of schedule and within budget. ' Engineering and Environmental Services ; LRI landfill Facilities Pierce County, Washington Budgeted/Actual Costs: Project is on-golng; there Is no concrete budget On-time Construction Performance: Project Is on-going; PerIormance to date has been on schedule Pierce County Recycling, Composting and Disposal (PCRCD), a subsidiary of Waste Connections, Inc., retained Kleinfelder to perform engineering and environmental monitoring services for the LRl Landfill, located in Pierce County, Washington. Since the LRI Landfill opened in 1999y Kleinfelaer bas provided engineering design services, permitting services, construction quality assurance services; and environmental monitoring and reporting services. Beginning in 2002, Kleinfelder has assisted LRI with the construction ofraur new waste disposal cells and one phase of closure. Kleinfelder prepared the plans, specifications, and construction quality assurance manuals for submittal to and approval.' by the local jurisdictional health deparbnent. During construction, Kleinfelder provided Construction,)Quality Assurance (CQA) services for earthwork and geosynthetics construction. CQA services included the identification, laboratory testing, and segregation of on...site soils for use as the compacted clay liner. Testing services included field density/moisture content of soils, on and off site laboratory soils testing, and on and off site geosynthetics testing~ Kleinfelder also provided engineering support ahd at the conclusion of each project, Kleinfelder prepared a documentation report and certified that the construction was completed in accordance with the design intent.. R. w~ Beck, Ino. 3-7 / t (" SECT10N 3 In 2002, Kleinfelder developed a Work Plan for pilot testing leachate recirculation at the LRI Landfill. The Work Plan included goals and objectives for evaluating effective leachate recirculation delivery systems, leachate volumes that can be recirculated, changes in leachate quality (if any), reduction of leachate volumes to be truck-hauled off-site! and effective management procedures for odor and seepage control. At the completion of the pilot test, Kleinfelder prep~ a full...scale system design. To date, the recirculation has reduced site operation costs by reducing the volume of leachate that is truckMhauled off site for treatment, and increased landf1l1 airspace by promoting accelerated decomposition of the waste. " { {r Slope Stability Analysis McCommas Bluff LandOlI City of Dallas, TX Budgeted/Actual Construction Costs: N1A (Still under permlttlng) On~tlm. Construction Performance: N1A (SIlll under permitting) Kleinfelder conducted slope stability analyses for a bioreactor cell design at the McCommas Bluff Landfill in Dallas. Texas. Existing data from the'McCommas Bluff permit documents and published information on bioreactor landfills were used during the slope stability analyses. The conditions unique - to bioreactors, including increased moisture content due to leachate recirculatio~ increased , decomposition and compression of the waste, and increased landfill gas production, were considered in the calculations.. The slope stability analyses included: side slope~ liner stability, interim waste slope stability, final waste slope stability, and final cover stability. The stability oftbe side slope liner system was ana1~ by calculating stresses on the individual componen~ "of the liner system when loaded with waste. An . infinite slope analysis was also conducted to determine the side slope liner stability prior to waste deposition. Several key items were given for consideration in the design, construction, and operation of the bioreactor landfill.. 3--8 2P2303-3-Experience..doc SECTION 4 PROJECT APPROACH Introduction It is our understanding that the City needs to have Cells 3A and 3B approved by TCEQ for filling operations by the end of April 2007. In additiODt the City desires to permit these cells (along with Phases I, 2, and Cells 3C and 3D) to operate as an anaerobic bioreactor. providing such potential benefits as: · Airspa~ optimization · Enhanced landfill gas (LPG) generation · Leachate treatment and storage · Reduced long.term risk to human health and the environment · Lowered leachate management and fmancial assurance costs · Ultimate waste stabilization This time schedule does not allow adequate time for a MSW Noticed Permit Modification process for a bioreactor to be completed prior to the need to start construction to meet this schedule. Approval of a Noticed Permit Modification by the TCEQ for this project is expected to require at least six months, "Which ~1 not be completed until early in 2007 ~ , The cell construction that will be required in order to receive approval to place waste will include: (1) excavation and final grading of the cells, (2) placement of1he clay liner, (3) placement of the geomembrane liner, and (4) construction of the leachate collection system and protective cover. The later element is CUITently permitted as a one-foot drainage layer, a filter geotextile, and a one-foot protective layer on the base; and a geonet geocomposite and a two-foot protective layer on the sideslope. Based upon our recent slope stability and hydraulic analysis of a similar proposed bioreactor in Dallas,. the City may need to slightly modify the current liner design as a result of bioreactor operations.. Our analysis for the McCommas Bluff Landfill recommends that the geomembrane component of the composite liner should be textured on both sides for the sides lope, and on the bottom liner as well. It was also demonstrated that the geonet instaUed on the base will successfully drain the increased moisture. This design is a departure from the City's current design but is recommended for the bioreactor. There is an innovative solution to this peimit modification process scheduling dilemma, because a dual track permitting approach can still achieve the April 30) 2007 goal for Ce1l3A operation.. Initially, the Project Team will prepare a request for a minor permit modification for MSW Permit I S90A to adjust the liner system to the required textured design and improve the leachate collection system permeability, if neceSS8ly~ This can be completed without delving into the bioreactor specifics.. Upon approval (expected 60 days) Ce1l3A and 3B design and construction activities can be completed under the existing permit with this minor modifica!ion. In concert with cell design, the Project Team would complete the Noticed Permit ModificatioJ.1, incorporating the specifics for the design, operation, and monitoring for a bioreactor. Thus, the schedule for cell construction can be independent of the bioreactor permitting process~ Construction of any recirculation piping or distribution beds would not occur until waste has been placed to a defined depth, and thus would not be delayed by the pennit Modification process~ The construction of liquid storage facilities, force mains, or pumping facilities for the recirculation system could be 2P2303-4-Approach~doc _ 4-1 :~i (W' ~. ~ SECTION 4 de~ayed until approval of the MSW Permit Modification without affecting the ability to start filling Cells 3A and 3B on schedule. With the above "innovative approach, we have developed the following Scope of Work, in order to meet the City's needs. A schedule outlining this scope of work is provided in . Figme 4-1 at tbe end of this section. Note that project meetings with the City and with. TCEQ are indicated on the schedule.. Scope of Work Task 1 - Project Kickoff Meeting. The Project Team will meet with the appropriate City Staff to finalize the approach and Scope of Work, clarify needs from the City, confirm the schedul~ and establish lines of communication. At this meeting the City will furnish appropriate information for this project including: waste receipt records, as-built drawings of Phases 1 and 2 along with supporting documentation and electronic files for any conceptual designs prepared and permit documents not previously furnished. The City will also furnish a topographic survey of Cells 3A and 3B that reflects the current excavation grades.. This will become the basis for design of the final excavation and grading. If the City ~ unable to"furnish this survey, the Consultant can provide a topographic survey as" "an additional service. The Project Team will provide the City with an information request prior to the me"eting. The City and Project Team will also begin initial discussion oftbe conceptual bioreactor design, and the MSW and air permit modification (see Tasks 3 and 6 below).. Subtask 1A.- Public Awareness and Stakeholder Outreach (Optional) Based on the Project Team's previous experience with MSW landfills and bioreactor projects, as well as anecdotal information received during the City~s pre-submittal meeting, MSW landfills generate significant public interest in site activities.. As a recommended addition to the Scope of Work in City of Denton's RFSP Number 3411, the Project Team offers to provide a pro-active approach in reaching out to stakeholders by sharing information on the planned bioreactor project and addressing stakeholder concerns. . ~ Our experience with McCommas Bluff indicates that the TCEQ will process bioreactors as a "notice modification" to a landfill's existing MSW perJi1it. To enhance the public's understanding efbio- technology and any changes they may expect, engaging stakeholders before the formal public notification occurs can prevent misperceptions, discover (and resolve) public concerns about the proposed project, and help expedite the process. During the kickoff meeting, therefore, the Project Team and the City will discuss the development of a Public Awareness Program to determine the lev"e] of effort that is anticipated. Based .upon these discussions, the Team would" develop a Program. to be implemented throughout the bioreactor project as an additional task.. As an example, the Project Team assisted the City of Dallas in a community outreach program for their proposed bioreactor that incl~ded preparation of an informational brochure and an animated video showing site-specific bioreactdr development. This Program has been a helpful tool to educate individuals, politicians, and stakeholder groups on the bioreactor concept. "", Task 2 - Minor Permit Modification for Liner Modification Based on our slope stability experience for bioreactors, a textured geomembrane (both sides) is recommended on both the sideslope and base of Cells 3A-3D. In addition, the cunent hydraulic capacity 4-2 2P2303-+Approach.dOC PROJECT APPROACH of the leachate collection system should be evaluated to verify its ability drain the additional liquid amendments.. Subtask 2A - Hydraulic Characterizati.on In this subtask, the Project Team will: · Complete Hydrologic Evaluation of Landfill Performance (HELP, v. 3.07) modeling to: · Verify that leachate head does not exceed :12 inches with the increased liquid amendment addition . under the C\lITeI1t leachate' collection and liner profile -. Determine the minimum permeability of the protective layer and leachate collection layer , (drainage sand, rock and/or tripl~ar geott,et geocomposite) to freely drain the Landfill · Validate the leachate collection trench and collection sump dimensions to accommodate the increased leachate generation · Determine that the existing liner and leachate collection systems for Cells 1 and 2 are suitable for bioreactor operation (HELP modeling and hydraulic capacity) since the City has installed potential recirculation latemls in those cells . · Prepare recommendations, if any, for modifications to the leachate collection design, including the potential placement of geonet on the base Subtask 28 - Permit Modification Request The Project Team will prepare an application for a minor permit modification for the recommended changes. A draft will be presented to the City and TCEQ for review and discussion. Applicable comments will be added into a final application for submittal to the TCEQ. TCEQ approval should be received within 60 days. Task 3 - Conceptual Design of Cells 3A-3D as a Bioreactor The City has conducted technical and financial ~search and determined that an anaerobic biorea.ctor will be the preferred process for future Landfill development Based upon our Project Team experience, we also believe that an anaerobic bioreactor should be the preferred process to be utilized by the City.. In this tas~ the Project Te~ will develop a conceptual design of an anaerobic bioreactor based upon existing and anticipated waste receipts, moi~ of received waste in place, additional liquid requirements, storage requirements, and anticipated generated gas quantities. We will examine various methods of recirculation of leachate and additional liquid amendments, verify the hydraulic capacity of the leachate collection systems, and identify the ~design and sizing of the recirculation and gas collection systems. It will be necessaxy to develop an estimate of the potential gas quantities that will be generated, and at what rate~ The Project Team will develop a site-specific LFG generation model for that pwpose. In addition, the Project Team will complete calculations for flow rate, head, and storage capacity for the hydraulic aspects of the bioreactor. Subtasks of this conceptual design will include: ;, Subtask 3A - Additional Liquid Amendments ~ Based on our bioreactor experience, the magnitUde of benefits realized is directly related to the amount of leachate and liquid amendments recirculated back into the waste.. The volume of liquid can range from 25 to over SO gallons per ton of waste received per day, depending OD existing moisture conditions of waste in place. In this subtask, we will investigate the potential somces of liquid amendments that. R. W. Beck. lne. 4-3 SECTiON 4 - - . could be used to supplement the leachate recirculation quantities. Since the Landfill receives about . 125,000 tons per year (tpy) but is anticipated to grow to 143,000 tpy, the optimum liquid volume required will range from 8,400 to over 19,600 gallons per day. Based on our knowledge oftbe siteJ it will be necessary to supplement the leachate quantity generated by providing additional moisture from other somces in order to bring the waste up to the moisture content for optimum bioreactor operation.. Potential sources include the adjacent City of~nton Pecan ~reek Wastewater Management Facility, - local industries, surface water retaining ponds, etc. - - In this subtask, the Project Team will evaluate the liquid options available and in particular! the synergy of teaming with the City's wastewater plant That plant could provide the quantity of process water or biosolids required for the bioreactor. The current capacity of the digester facilities at the wastewater plant is one of the limiting factors of total plant throughput capacity. By diverting some of the sludge to the bioreactor prior to digestion, the overall throughput capacity of the plant co~d be increased. Subtask 38 - Slope Stability Analysis The Project Team will complete a slope stability analysis of the liner components of Cells 3A..3D (as well as Cells 1 and 2), the intermediate waste slope, and final cover slope for bioreactor conditio~ including increased waste density and pore pressure. Subtask 3C - Construction Quantities In this subtask, the Project Team will estimate the required constructi~ quantities for CelIs 3A and one- haIfof3B liner construction, including clay (av:ailable on site), geosynthetics, protective cover (available on site), and drainage media (natural and synthetJc)~ On site soi~ quantities will be verified. Based on our ' knowledge of the site'geology, the sand available for the protective layer should provide the elevated permeability required to drain the additiona11iqUid amendments in the bioreactor without buildup of excessive head on top of the protective cover. Subtask 3D - Landfill Gas ModeHng One of the well documented benefits ofbioreactor technology is the increase in LFG generation rate.. Air regulations require that, gas collection and control systems be in place when the bioreactor begins operation and become active either \Vhen 40-perbent waste moisture is achieved or after 180 days, which ever is later. The type, number and size ofLFG controls will depend on the LFG generated.. Innovative gas extraction designs will be utilized that can handle additional moisture in MSW and also withstand substantial settlement. Air permitting (Task 6) will also require knowledge ofLFG generation in order to estimate emissions. In this subtask, the Project Team will use an R. W. Beck proprietaJy model to estimate LFG generation through the life of the Landfillt incorporating the biorea.ctor in Cells 1 tbru 3 D, as well as Cells 1-6. The model can also support the City's evaluation of beneficial reuse oftbe gas; the increased LFG generation should improve the economics of a reuse project. Subtask 3E -Infrastructure Layout and Sizing Once the hydraulic and LFG characteristics of the bioreactor are understood, the Project Team will review and prepare a conceptual layout of the following infrastructure: · Leachate and liquid amendment storage and .delivery systems (e~g., tank, force main). · Methods of recirculation (e.g., laterals, permeable beds, surface application). · Recirculation lateral and/or permeable bed dimensions (lengtht perforation size, and frequency)~ media used (e.g., tire shreds, gravel, geonet, etc.), location, and other innovative methods and designs. 44 2P2303-4-Approac:h~doc PROJECT APPROACH · Manifolding from the force main to the Iatter~ systems · LFG collection system dimensions and locations~ These could include horizontal I ateral St innovative -side slope collectors using temporary geomembrane for outside slopes, and vertical wells · Pump sizing based on system flow and head characteristics · Intermediate Cover Alternatives: 'Ry::tm-ine al~atives for intermediate cover that would enhance the bioreactor operations by providing additional moisture, control/capture the landfill gas production and control odors more effectively (particularly at the perimeter), and protect the erosion of slopes. As an example these alternatives could include geomembrane, higher permeable soils, compost, wood chips, etc. The City is very interested in utilizing a 20-millIDPE cap as intermediate cover for eros~on protection., to enhance LFG collectio~ 'efficiency, and for potential leachate seep control. · Examine existing daily COver and approved alternates CAOC) and provide recommendations for. addition/modification Su~ask 3F - Design Report A summary of the information collected and the analyses conducted to date for the conceptual design will be prepared in the fonn of a Preliminary Design Report. This Report will outline the basis for' design of aU of the Cells in Phase 3 as a bioreactor landfill. It will also present the suitability and limits of operat:ing existing Phases 1 and 2 as a bioreactor. It will further define the items necessary for the design and construction of Cells 3A and 3B that.caD be _conducted in accordance.with the existing Permit, and independent of the bioreactor Permit Modification~ The items necessary for the bioreactor Permit Modification will be outlined, the preliminary d~sign of the recirculation and gas collection systems will be presented, and the Air Permitting requirements will be dermed Qnput from. Subtask 6A). This Report will also define the anticipated independent sch~u1es for: (1) Design and Construction of Cells 3A and 3B to meet the City's landfill space needs and (2) Preparation of the Permit Modification Application and - required Air Perinit(s), and the TCEQ Approval ,Process for the Bioreactor development. The Preliminary Design Report will be presented to .the City Staff for review and comment Applicable comments will be incorporated by the Project T~ and the Design Report will be finalized. Subtask 3G ,- Landfill Gas Markets (Optional) LFG beneficial reuse is a key aspect to the success and public acceptance of a bioreactor landfill. This-. subtask is proposed as part of the conceptual design but will be completed outside the Design Report and Pennit Modification effort Based on a SWANA E-Session and the pre-sub~tta1 meeting, we are aware that the City is currently pursuing a reuse project with DTE Biomass. Working with City Staff, the Project Team offers to represent your interests in this project development~ It is key that the LFG quantities that are projected in Subtask 3D from the proposed bioreactor are compared to projections currently being used for the reuse project. Our project team has participated in numerous LFG reuse projects and can assist the City in developer/customer procurement, determination '. of specifications for LFG sale (e.g.t energy dem.an~ connection requirements, contaminant limits), i.pancial analysis, and negotiation of power or gas purchase agreements. We can also look at use of LFG for the joint Landfill and Treatment Plant energy or heating needs) or the potential of combining r~use of the treatment plant biogas with the LFG. Rt W. Beck, I ne. 4-5 ,(" SECTION- 4 , f \ l r- - . Task 4" - Design and Construction of Galls 3A and 38 , Subtask 4A - Complete D~jgn Plans and Construction Documents for Cens 3A and 38 After completion of Task 2 and in conjunction with an internal Team Quality Assurance/Quality_Control (QAlQC) review, the Project Team will develop draft design plans, specifications, and constrnction bid documents for Cells 3A and 3B. The schedule for proceeding with bidding and construction of these Cells will be independent of the Bioreactor Penriitting at TCEQ" This independence is' based on the expectation that the construction of the liner and (leachate collection system in these Cells can be accomplished under a minor modification of the .:existing Permit as described above. . . Since the Preliminwy Design Report for the Conceptual Bioreactor will be completed at the end of May 2006, 1he Project Team will have a good idea of certain aspects (e"g.., force main size and placement) of the bioreactor that can b~ incorporated into the Cell 3A13B contract documents.. At that time, the City and Project Team need to decide which aspects to include and which to defer lmtil after permitting. H possible, the construction bid documents should include line item bids for these deferred items in order to allow for Change Orders during construction. Meetings will be held with the City to present the draft documents and. subsequently to discuss any City comments to the <haft documents. Applicable comments will be incorporated into a final set of plans and specifications. After approval of the final documents by the City, this construction project would be advertised for bids. ( ,( ,~ ~ Subtask 48 ~ Pre--Bid Meeting. and Bid Opening The Project Team will assist the City in answeriDg questions and providing clarification 8bout the Project Construction Documents during the period of advertisement for bids.. We will assist the City as required during the Pre-Bid Meeting with prospective Contractors and in preparing Addenda prior to Bid Opening~ We will prepare an engineer's cost estimate of the COnstructiOD. The Team will attend the Bid Opening, tabulate and evaluate bids and make recommendations to the City for Contract Award. If req1leStec1 the Team will attend the Public Utility Board and City Council Meetings to assist in the Presentation of the recommended Award of the Construction Contract. Subtask 4C - Notice to Proceed and Pre-Co~struction Meeting The Project Team will assist the City in issuing a ~otice to Proceed to the Contractor and facilitate a Pre- Construction Conference at the Landfill with the Contractor. It will also be necessary to contact TCEQ prior to cons1rUction start, and provide them with the opportunity to attend the pre-construction conference as well. Subtask 40 - Construction Administration and Material Testingÿ During Ce1l3A and 3B construction, the Project Team will assist the City with the administration of the construction contract by reviewing submittals, apswering questions and providing clarifications, reviewing monthly pay requests, and acting as the City's Authorized Representative. Duties will include coordination and completion of the required ~eriaI testing of the liner materials and documentation of their appropriate placement in accordance with' the construction documents. This testing will be in accordance to the permitted Soil and Liner Quality Control Plan (SLQCP) and will be the basis for the preparation of the Soil Liner Evaluation Report (SLER) and the Geomembrane Liner Evaluation Report (GLER) that will be submitted to TCEQ upon cbmpletion of the liner construction.. As dictated by the Contractor scbedule, the Project Team anticipates regular construction progress meetings and resident observation/documentation~ 4-6 2P23Q3..4.Approach.doc PROJECT APPROACH , . Construction administration will include'preparation of any Change Orders, if required, to incorporate . required changes as a result of the Bioreactor pelmit Modification approval. Based on the schedule (Figme 4-1)t the Project Team should receive tli~ Notice of Deficiency from the TCEQ around October IS, 2006~ .This is just prior to the contractor's NOtice to Proceed.. At that time) the Project Team will should know what remaining aspects of the bior~actor project should be incorporated into the Cell3A/3B construction.. Change orders will be prepared affthat time address these needed additions, if any~ Subtask 4E - Construction Completion and TCEQ Authorization to FiJI in Cells 3A and 38 The Project Team will assist in the evaluation o~ the completed liner and leachate collection system in accordance with the design and construction documents, conduct 8 final inspection and submit the completed SLER and GLER to TCEQ.. The Team. will meet with -TCEQ as required to discuss and modify the SLER or GLER in order to. receive timely authorization to fill these Cells , Task 5 - MSW Notice Permit Modification Subtask 5A - Determine Applicable Modifications "Initially, the Project Team will review the current MSW Landfill Permit for the facility to determine what "Modifications to the Permit will be necessary to conduct the bioreactor operations.. A list will be " developed of the necessary modifications and determine what, if any, impact 1hey would have on the . initial design and construction of Cells 3A and ~~B. Impacted permit attachments could include: · Liner Design · Leachate and Contaminated Water Plan · Site Operating Plan · Landfill Gas Management Plan Typical additions/modifications to the pennit in~lude: · A liquids acceptance plan establishing the criteria for liquid amendments · A general list of acceptable liquid amendments (e..g.., surface water) · Monitoring methods to gauge success oftbe bioreactor (e..g~, leachate and LFG flow/quality sett1em~ waste moisture content, leachate head) · Recirculation design and operation plan · Gas collection desi~ control, and operation plan · Odor management plan · Records management · Contingency action planning Subtask 58 - Notice Modification Application")" . While the City Staff is reviewing the Preliminary Design Report, the Team will prepare the Draft MSW Permit Modification Application. These documents will also be presented to the City Staff for review and comment. It will be beneficial at that time for the City Staff and Team to meet with appropriate TCEQ staff to discuss the Project and confirm ~eir current Application(s) submittal requirements~ R. W. Beck. Inc. 4-7 SECTION 4 After incorporating comments from the City Staff review, the Team QAlQC review, and discussions with TCEQ staff, the MSW Penoif Modification Application will be fma1ized and submitted to TCEQ for review. and approval. Based upon current practice at TCEQ this MSW Permit Modific8tion Application will be processed under 30TAC 305..70 (k) which will require proper notice in 3.CC9rdance with 39..106 and to all persons listed in 39..413. (Note that 30 TAC 30Sa70 is currently in the process of potential revision, which may affect this Application dependent upon date of submission). ' . Subtask 5C - MSW Notice of Deficiency (NOD)" TCEQ by statute is required to complete their te"chnical review of the MSW Permit Modification Application within 60 days of submittal unless the executive director extends the review period to resolve outstanding notice of deficiencies.. In practice, most, if not all Noticed Permit Modification applications are not technically complete after initial reView by the TCEQ statt:" and it is necessary to . l clarify issues or provide additional information to allow the TCEQ staff to comple~ their technical review. In order to receive all of the information that the TCEQ staff'requires, they will issue a Notice of Deficiency(ies) (NOD) requesting that infonnation. In almost all cases the review period is extended arid, the Notice of Deficiency is issued near the 60 day review period. The Project Team intends to meet with TCEQ at that time to understand the NOD. " Subtask SO - Response to NOD Subsequently, the Project Team will prepare responses to the TCEQ MSW NOD to provide the requested additional information and clarification. These"responses will be reviewed by the City and submitted to TCEQ. In some cases TCEQ will respond with~ additionaJ NOD requesting additional information or further clarification, and the response process is ~repeated However, with 'our experience ofbioreactor , permitting with TCEQ, it is anticipated that this :Project can be handled through only one NOD through pre-submission meetings and discussions during the review process. Subtask 5E - MSW Permit Notice Process and Comment Period Upon completion of the acceptable MSW TecIniical Review by TCEQ in accordance with 30 TAC 39.106, the City will be required to prepare and iprovide a Notice of Application and Prelimin.ary Decision.. This Notice must be mailed to a list of current lando-wners as noted in 305.70(e)(S), and to others noted in 39.413(1), and the City must provide an Affidavit to TCEQ that proper Notice was mailed and the date of mailing. The Project Team. will assist the City in the process. A person may provide written comment to the TCEQ within 23 days after the date the Notice was mailed by the City.. The executive director is required to review the comments, but is not required to file a response. If no comments are received, the executive director may issue approval on the 28th day "after Notice was mailed.. If comments were received~ the executive director has until the 45th day after Notice was mailed to make a decision to approve or deny the application, issue a NOD, or determine that the request cannot be processed as a MSW Modification and must be resubmitted as a MSW Permit Amendment. Upon approval of the MSW Permit Modification~ any remaining permit changes that will affect the construction of Cells 3A and 3B will be incorporated into the construction documents by Change Order or additional designs will be prepared to constIiIct these facilities (eag., storage, recirculation force mains, gas collection lines!l gas treatment facilities, etq..) under one or more separate construction contracts. 4-8 2P2303-4-Approadl.doc PROJECT APPROACH Task 6 - Air Permit Modificauon We understand that the- cmrent landfill operation, does not have a separate TCEQ New Source Review . (NSR) Air Permit, but claims an emissions authorization under the TCEQ Air ''Pennit- by- Rule 106.534.." To construct and operate a bioreactor~at the City of Denton Landfill, the City must obtain appropriate NSR Permits and Title V Operating Permits. The NSR provides an air permit to construct and emit while the Title V air permit authorizes operations at the site. NSR Authorizations - A bioreactor accelerates the rate ofLFG production dramatically over a more conventional MSW facility. The NSR program addresses the landfill itself as well as a flare. When the . quantity ofLFG becomes sufficient to s~ beneficial reuse of the gas either as conversion to a "green" fuel or in the production in electricity, the City or its agent Will also need ~ secure an appropriate NSR authorization for the energy facility.. Landfill Standafd Air Pannit - When the emissions of non-methane or~c compounds (NMOC) exceed 50 tons per year (tpy) in the Dallas-Fort Worth Non..AttainmentArea, the faciJ.itr would be required to implement appropriate emissions controls that include landfill gas collection and control system (GeeS). In addition, the combined size and emissions of the bioreactor and conventional portions of the landfill , are 1ik~ly to require a standard air permit (SAPl..under the new ~30 TAC 330, Subchapter U roles... Flare Pannit By Rule (PBR) - The City i~ cmrently. installing a flare facility. To avoid exceeding the 50 tpy fugitive NM:OC emissions, the landfill will need an active Gees. In its earliest development on site, the GeeS will likely be connected to an appropriately sized flare. This flare would likely be registered , under the PBRin ~30 TAe 106~492. Title V Operating Permit - The TCEQ issued the City a general operating permit under 930 TAC 122..517 in 2000. The renewal or"tbis permit in 2005 was generally an abbreviated process because TCEQ is developing a revised MSW General Operating ~erm.it (GOP) to be promulgated in 2006. While the Denton Landfill should be covered. under the peimit renewal application shield in the interim, the City is required to submit any changes (when they occur) to site conditions on the appropriate forms to TCEQ and will be required to submit a complete Title V application for the Dew landfill air operating permit package that demonstrates compliance with the new GOP. Although not part of the original anticipated ScC?pe outlined. in the City's Request for Proposal, it is anticipated that the City will be required to apply for these Air Permits to construct and operate the bioreactor, and the Team is prepared to assist in this endeavor.. . Subtask 6A - Determine Required Additions or Changes to Lancffills Air Permit{s) Working with City Staff and TCEQ regulators, the Project Team will evaluate the regulatory requirements as they exist at the time of con~ award and impact of any regulatory changes on the air permitting for the City of Denton Landfill Within 30 days of Contract Start Datet Project Team will develop and submit to the City a list of required air permit( s) along with appropriate regulatory justification( s).. Subtask 68 - Develop and Submit NSR Perl(riit Application Based on the details of the past conventional MSWoperations and the proposed bioreactor, Project Team will within 45 days of City's concurrence with t)le permit list developed in Subtask 6A: · Develop a comprehensive estimate of air emissions from the landfill · Determine the appropriate NSR permits (e..g., SAP under 930 TAC 330, Subpart U and PBR for flare under ~30 TAC 106.492) R. W, Beckl Inc. 4-9 SECTION 4 (" . Draft an application for the appropriate NSR" permits and meet with the TCEQ NSR permit staff on the ciiy'~ behalf to discus~ the draft ,. . " '. Present to City Staff any changes made neceSsary as a result of meeting with TCEQ staff . Fin3lize ~e final NSR permit applications an~ submit to the TCEQ ~tb appropriate permit fees From the time that the applications for NSR authorizations are submitted, the TCEQ NSR staff haS 45 days to issue a permit .or an NOD for either a SAP or a PBR. Current TCEQ roles do not require public notice for either a SAP or PBR~ " Given our past experience on MSWNSR authorizations, Project Team does not expect to receive an NOD. However~ should one be issued, Project Team will respond with necessary corrections within 15 days of NOD receipt to minimize dismption to the project schedule. Upon receipt of an adequate response to the NOD, TCEQ has 30 days in which 10 issue the appropriate NSR authorization. Subtask Be - Develop and Submit Update to Curre~t 'Title V Permit Under the Title V <;:>perating Permit Program, owners/operators are required to submit timely notice to TCEQ of any material changes to the operations. of the landfill. Material changes would ine.lude changing from a conventional MSW landfill to "Ii bioreactor as well as adding or changing flares. Within 90 days of City's concurrence of the air Permit requirements identified in Subtask 6A., Project Team will submit the forms and documentation appropriate to amending the City's current General Operating Permit (GOP) issued under ~30TAC122.517. Subtask 6D - D'evelop and Submit New lltle,:.V GOP Application As noted earlier in this section, TCEQ is in the process of replacing the current GOP with a new one that reflects compliance with the terms of the new GOP~ Based on current agency information, the new GOP will be issued in mid-2006. Once "issue~ permittees have 180 days to submit the appropriate documents to apply for the new permit Within 120 days from the adoption date of the new GOP, Project Team will prepare the appropriate package that will include the changes from Subtask 6C as well as any new requirements that may have been added in the interim~ In the past, the TCEQ took full advantage of the 12-month review time available to them before approving GOP.. Therefore, the City should no~ expect to receive an actual new GOP earlier than 12 months from TCEQ receipt of the GOP application.. In the meantime, the landfill operations would be covered under the application shield~ ( 4-10 2P23Q34.Approach.dro ~J ~.~ ~~ I~ ~il~ @1] l.~i f~1 I~~ .. ',,". m:l I' . - 2: ~;~ .e~- ~- 1.:0- m ref. C'l CD ~ j". ~}ilillll~ ~r~~I-II-J~;iJi! i . . "',ilil .f~ ~fI1~1~!!; =:I ~~ ::I l ~~,~ ! ~~ jr1 i tl5i .. r~: . 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PROJECT TEAM: Experienced, Drive~ & Innovative Project Team Ens.utes L~ndfilll~provement TOensufe the su,ccess of this ptoj~ we are committing. on an ongoing bas~ a dynamic team of .. . consUltants' Who understand the complexities of permitting, planning. engineering design. and Construction management facing landfill expansion and biore8etor operation today. We have a . multidisciplinaIy team, with strong project leadership and in-depth knowledge ofboth the business and technical issues associated with enhancing the functional efficiency of municipal landfills. . - , The Project Team will serve as an extension of the City's staff, working colIaboratively throughout the . Project. The team will be led by Mr. Fred Doran, a Senior Director and Project Manager with R. W. Beck.: Mr. Doran has a long history overseeing la:tge solid waste projects. has hands-on experience working with the City, and is project manager forthe landfill bioreactor project currently being pennitted . for the City ofDalIas. He will provide overall guidance throughout the project. assuring that the pennit and design are developed in accoldance with best practices and industry standards. We have also assigned CP& Y's Vice President and Solid WaSte Program Director. Bill Hindman, as ASsistant Project Manager. Mr. Hindman's local presence, knowledge of the landfill and City st:a.tt: and TCEQAdvisory Council and TxSWANA memberships will allow him to provide Valuable insight and direction as the . . project moves forward. Mr. Hindman and Mr. Mike Shiflett from Kleinfelder will be the design professionals during oonstmctio~ with field testing and documentation personnel provided by Kleinfelder. . - The following orgardzatimial chart depicts the structure of our Project Team. Additional team member ii1fonnation can be found in Table 5-1 on the following pages, which summarizes our Project Team members' background, proposed project role, select Cll1'l"eJlt projects. and related expertise _ beginning with proposed senior management sf.8ff and followed by the remainder of the team in alphabetical aider. Project Team Organizational Chart 2P2303-SoProject Team.doc .5-1 SECTION 5 ~~!i!.~;~~~ .~ Inf~~re. Fa.~ntlBs .p~.ign' ~ - ~ ~: . ':.t;~~:;7X~" ~:~~; :~!1.'~~;~(!\ . C,OQ:nty .SaRd wazm,. Manag~~:.~ ~ ~~~=U~~~:~.::~{:>:> ~:k'. t, '.Evaluation - City of Dabas. lX ~~~~~"fr~" , '. . .. ..,'" .' :-... ;...~. ~. _.." t. ~.. . Central.Regional W~r ..- '.' ~-~l~~ ~ ~ '., ~ D~w.n .~~e.~~~!- ~ ~.~~.. :.~': .w;? ..~. ' .~ >~ Stage ViI Odor Control. . : ~- ~. ~{. " ..,.. -;,:~~ .......~ '..~. . ~~ DaDas Water Utilities, Dallas. TX '. t :Jo.' H.,I."17 . ..I~.. _"..-.. '=': ..':T.~~ ~';:.~t..:~ .v~";~- '-. - .....- :'.": ~~~$iOriaao~~~~t;i{\ . RecentJy Provided MethOds for. ' '. \qQ~1fmg:.6~~~ P!i~:~~~~ -.. - . ":".r(Ba'Yt... .-':-~;~~~~<'l . Re* ~cting Uq Ids ~ landfilL ~"'~:15 Bi...... ctdr~~~;' ..~, ~',)..':{~ . ......r _ '. ~ .~ 'l. ~J...... .. . ".1. ... . ....."[ ..,..... ~ - .......~........~. t -, WiIIl8m~' Hlnci~~ ",p ~"E.._~: ;.,~~:~\ - ...r~ ~-~I~::" .....~~ I~...: ....._~;..... _~~: ~_ t ~:""./-:~."r. r1'+,:" f. ~, ~.:.... .~I ~-: ~- ,:.. 'Vice pniSJdent and SolId ~:~ .::~_:.: John Baker President Alan EnVironmental, LLC Downers Grove, IL Project AJJocation: 30% Stephen Baumgart, P .E. Water & Waste Resources Project Manager R. w. Beck, Inc~ seattle, WA Project ADocation: 5% I ~/~~ri~~'ng &. ~-),~i. Chey~ Road La~n, Cel ~ . 13 Y~rs.Of Solid w~ .><~~.~'; I ~:i~~--P~qn~n9; .';:::':.;.~:.1 Permitting and Destgn -Yakina I MaYl~g~~ ~~:~~.' --:' ..,~ ~ ....:~),:r.tyq~~'1cs - -. . :'~-~. County, WA .. Planning, P.ermittlngt Qesign. . 1,.:y~~.~ri.~tlo~: \- Leachate Poncl Design -City of I & Coristr!ldion Administration \'~..:.~,,~ji;;~:J;C'i<:;:J:::':~!:''\ - ~E:~E~~~~wort - I:~' ;~~~i~??~:':..: 5-2 2P2303-5-Project Team.doc . (' (- (- - r (~ '( . r ~ PROJECT TEAM "'Ga' eldfa<itfo '$L 11eS:~L"" ":~i~1~11~11!~. -. .L.~ri~(~~~.~Q.r~~~t ;g~gjjl~~riQ ~ ~ : + .landfill T1Pfning ~PDlium:":' ':..-S~..;" . .Matt Evans P E" :. ; .~'.~ . '.,. {~~~9~~.;'l. . '.' . -.-9 ~ . ri g,l- - _ _ ..9 . NJ~'I'Green R.G. :l.~j,~jpjiiii.t:\~i~ · ExteW~aJiJ RodSi~~'~~ . ._.c'.:ity~ :_j':s,Wii:9f ".;' ':..~~~:':t~;1!;'~j . ~ . - ~ t ,.~.~~~!~[\g~~:;;cJ.7~=';t ns on, 'tI..~I.~:V; ~~9,,- .. .:.~t. ~ .";'~,'~~~~::I.~~'~~~:}~~~~'~!.::l . I ' .", ~:"1f.;~'~""~l ,?\\,,~. .' "., of Dallas Dalla., lX ' ... · , . Pi.'.. ",..~;,o'!;.t~d k "" ,,>.,;; .,<.. "~:'~ . '.. Project Allocation. q % I . <; }"~;~~'~';/ :';';;/~H (.::j . Gartand Water Comrol Center - I ~:-i)J~.~~ C9Rstru~n~ &. ' I .' /~"':(~),.'.:~~~:~V:'/ :>1 City of Garland, lX ' ': "'~~:J7~~"='~~mr : l. ~i~61 &.: ,;':~~~ · Transfer Station Improvements - _. ~~,fgn EnQf~ring 'tOr $QUd. . :' l. .._~.~.~~ItJ.I~g'.'/;.{"~"'~31 City of Unlvemity Perko TX I ',,}W_ "'(lllIn~r.& ~~ :.~; I .. ~i1itY AnaiySi$! . Jefferson Avenue Siphon ' " FaCilities; W~r"TI9~~ . " , I . ",& Ccn~~~ry. ,:JI Improvements- Trinity RIver .. .:~':r~,=:umClpal r QualIty, ., 'I....., ;:.J Authority of Texas. Dallas, 1)( _. _ W :.:..... .' _'..! _. :'._ _.-: ~~_,_ !..:~~~~~~;>,J. Hunter Fenell Landfill ,.' ~~~ ~=~:en' . '~:' ': I '~::~F:\<~./?::11 ~~,~lmproV&ments-Cfty I ,~=~~~c~' '0:.::--:: ! . '. ,:. : ". '." " ".. ~.; '.: A · M~ommas Bluff Bla-Reactor - I, Systems & Constru~ion . ,,: i ; -'. ., - '"J City of Dallast TX I ~~a~ent. ,: : ,~:' . I :1. Solid Waste study - Conin County, I.,';: ~, '.;.:,':.: . J J TX . - - .. - , . ! : i . Solid Waste Services Support. I. i ; ! City rA DaUast 1)( Frank Pugsley, E.I.TII Environmental I CMI Engineer CP&y Dallas, TX Project Anocation: 40% R w~ Beck, lnc. 5-3 ~....... SECTION 5 \- ~:... -I '''' I ~ 1 - ( r ( :~~~BO&M ~ar\ ~_.ce~t$9rltl.~11I~~. :-.. ~:'waSi8 . comm..lori~ "Mor.a~~~N~,~~{::~l~.. .~ l ... '~~"A~dersQl1~RQCk alJ( Oet1)OJiti(iR _". .~. ; ~ Rory Tipton EJ T .', .' :,.~~:I;I".~.,,;!~ " Reel ilic:ati K'lttItas: Co ty , " "~' Wa~& w~~~~~~. .,'1~1:~~ii~i~}1~ttf@ WA~' 'i.....gp~-\:-~: :,:,.~.:..;:~~,.~'" ", ;~je '.' :~;E~l~~r~:i Civil engIneer ..'. ~ -. . . :. 1,-.~:.:~~~~,;3. Cell 2 Permitting at Cheyne Road -l~;:r.~~~ . ',.'Gf,. I~;.~~~;;jl..~~~~;~;:~.~::~";:.;, ~ W. BeCk"I~C. '. . :. ,- . .~:\ . .>'.: . :::i{~~~~j~~;;~~~ft~~~~~~t~J] landfilh. Yakima .CDU~ty. WA .... .' .:f)'i~c:" ,..,~. '. . ~~'~~fiS{WM~~~ WA " ..... . I." ,.S':..,-,,,.,.,;,,.,.,,. "''''1,,<<1 · HELP MDdefing for McCorfunas .1 ;J_"~~~ "'" .~ft.v ~ ::;~I~~: ~~ " " :. '..: '. r:~t;~l~~)1;~~~~i;jJ?'~1 ~ B~.~~~.~eorft.:?P~U~.~.. '. 'JIIiII'~f~ii1't Dan Wittliff, P~E. Principal Dan WittlJff Consulting Austin, TX Project AIIo~on: 20% - i -. - ,': ~'., ~,; . -. '. ..; ~"'. ,<1 . Recently Wrote & Secured New I .:. -:SoCietY' Of prpfessiQnal -.; :. .. .1 '.;:.,::':.:";~\.?:~r,~',i':;;,:l ~E;~~lt~~;:~~ 1..~~:~2~~:~~~~:;i:;:: t .:. ":- -: . .:' '-.~_., _,I ;,' ~ CombIned Capacity of 206 MillOn I.' ~Pe ltti ~ -- .. - , _ ..- -":.' \': .:::;::..:,..~:~.:> :..r:1 TDns ,._~~~;;&. : . . '.. 5-4 2P23D3-5-Project Team.doc . ,.. . Receht prqject Team Collaboration Fosters .Syner"lstic A~pro~ch . In addition to the number of assignments our Project Team members have worked on together"within their respective firms (pleaSe see table on preceding pages). our team as a whole -has significant ." . . experience collaborati:i1gas a group on multiple other projects. including: .. _ · Dallas McCommas Bluff Bloreactor EValuation arld TCEQ Permitting Project Our entire proposed Project Team haS participated in this project. We understand the importance of this synergyt knowing that having solid working rela;tioriships geared tQ~ard a common goal creates better results for our clients. Within tb~ past three years, ~'W. Beck and CP&Y Project Team.members have collaborated on the following projects l~ in Northern Texas: :.' . . · Bioreactor Evaluation and TCEQ. Pennitting :"' Dallas McCommas ~lu:tf · Rural and Underserved Area Disposal Assistance Needs Study":' North Central Texas Council of ~~~~~~ . · Metroplex Area Sub-Regional Soli.d Waste study - NCTCOG and Dallas' County . . · .- County Solid Waste Facility Siting and S~rvice Needs Study - NCTCOG · Evaluation of Waste Transfer: Station Operations. - Dallas Solid Waste Transfer Stations . - · SoUd Waste Management Plan - Collin Countr Project Team members. CP&Y and Kleinfeldethave. co1laborated on ~~ folloWing projects: . , · RaJph Hall Dam Preliminary - Dallas, .TX . · Bloomdale Road and Bridge - McKinney, TX :... · MDA Wastewater Project - Fort Worth, TX ..~ · Kiamichi Energy Facility - Oklahoma · GPAFRC Utility Improvements - Grand Prairie, 'IX · Del Rio Landfill Phase 111- Del Rio, TX · ~Ilin County Justice Ce~~ - Collin County, TX · Cell NOli 4 Improvements - Fort Worth, TX · CR673 and CR429 Bridges and Geotechnical-:.Blue Ridge, TIC · Apollo Pump Station - Garland, TX History with TCEQ and Other Fede(al Regulations Provides Invaluable Insight Our Project Team members have conducted a: series of meetings with the TCEQ MSW and Air Permitting staff members as a part of their ~vities on the Dallas McCommas BluffBioreactor Project. In these meetings, we have made presentations that provided technical data from operating-projects and literature review of academic research, furthm;; educating TCEQ staff about bioreactors.. As a result of these meetings, the procedures and modificati<?ns required to permit a bioreactor have been identified. R w~ Beck~ Inc~ .5-5 SECTION 5 TCEQ Rules- and Regulations _ _ _ _ _ - In addition to having worked with TCEQ staff 9n previous-projects. we have a unique vantage point of - TCEQ rules and regulations through direct TCEQ involvement. Mr~ Dan" WittIiffwas heavily involved in developing, implementing, and interpreting environmental regulations and policy as the former Chief Engineer of the Texas Natural_ Resource Conservation Commission (TNRCC. now known as the TCEQ). - He led ri1anY of the agency's multi-media penriit initiatives including consolidated permits and unified permitting process. ,In addition, he served on numerous core committees at the agency to restructure . compliance and enforcement, reduce environmental risk, improve water quality, and promote licensure.. Finally, Mr. Wrttliffled the team.1hat developed and implemented the agency's technical peer review process. _ As Vice Chairman of the TCEQ MSW Resource RecC>yeIy and Advisory Council, Mr. Bill Hindman partakes in reviews and provides input to the TCEQ Commissioners on all developed or modified TCEQ MSW Regulations. He.has regular interface with key. TCEQ MSW leaders and staffmembers) and has been directly involved with the rewrite of the TAC 305.70 Permit Modification Rules and the CUJrent rewrite of the TAe 330 MSW Rules. All of thes~- re~ons were developed to comply with Subtitle D - Rules. Additionally, Mr. Hindman is a long smnding member of the Board of Directors ofTxSWANA w~ch provides comment and input on regulatio~ works directly with TCEQ staff and interacts as aD. industry stakeholder. . Federal Subtitle D-MSW Landfill Regulations The Project Team experience outlined ii1 Sections 3 and 5 highlight an extensive background in permitting, design, and construction ofMSW IF-dfills under these regulations. including: · Design of composite liners with leachate cqllection · Hydrogeologic characterization and groundwater monitoring · L~chate management · Leachate md condensate recirculation · Final cover systems · Post-closure planning · Financial assurance calculations · Surface water management · LFO control Clean Air Act and Clean Water Act Experience As indicated in Section 3 and thus far in Sectiqn 5, the Project Team has extensive experience completing Clean Air and Clean Water Act se~ices for our clients~ For example, Mr9 W~ both during his tenure at the TCEQ and recently in private consulting, has: · Successfully drafted several landfill stand-~d air and Title V projects · Worked with TxSWANA legal team and Me1roplex area members to craft a strategy to comply with off-road diesel emissions at landfills · Served on committee to rewrite the TNRCC wastewater rules 5-6 2P2303-5-Project Team.doc ------.- ~ .( .( - r -t . ( -( . i '. \ 11 . I~ '" ~~. r PROJEqT ~ .' .. . Represented the TNRCC during public meetings' ~ss groundwater, surface ~ter; and air emissi.ons issues . · Orchestrated the inter-disciplinary development of Texas , al~e proposa,J. to USEPA's eight-hour . ozone standard - . . . In addition, the-proposed R W.. Beck staff have experience in Clean Air Act permittiilg and compliarice at MSW landfills. . . MSW ~dfill permits state that faCility design and operation shall be completed to protect smface water and grounc:lyvater resources in accordance with th~ Clean Water Act. Construction Quality Assurance for liner constiuction, design of surface water detention basins, and groundwater monitoring programs are all part of this compliance, as included in our comprehensive experience. In addition, CP&y s~ members have been involved in several National Pollutant Discharge Elimin~tion System (NPDES) ,efforts for wastewater treatment plants ~d are familiar with the processes used to meet ~ese discharge requirements~ TCEQ Permitti_ng Experience . Within the past three years, Project Team members have been involved in the following TCEQ permitting projects: · Noticed Permit Modification for Bioreactor at McCommas BJuff SLF - City of Dallas; Permit modification . requirement discussions have been conducted with TCEQ; Permit Modification to be filed in December 2005 · Permit Modification for Alternate Daily Cover at HUnter - City of Irving; Ferrell Landfill; Permit approved · Noticed PennitAmendment I Site Operating PI~n Update - City, of Irving; Hunter Ferrell Landfill; Permit pending · Temporary , Use of Alternate Daily Cover - City of Irving; Hunter.Ferrell Landfill; Permit approved · Permit Amendment for a New Transfer Station - Arlington; Republic Waste Systems; Permit approved · Type 4 Closed Landfill- SeGo-Arlington; Revised closme plan approved · Pennit Modification for City SLF I Alternate Leachate Collection System - City of Del Rio; Permit approved · MSW Construction Permit for 121 RDF - Melissa, TX; Provided assistance with NTMWD design team and the TCEQ on design policy determinations; Permit approved · New Source Review Permit for f\4cCommas Bluff landfill - Dallas, TX; Wrote and submitted SAP under g30 TAC 116~621; Permit approved · New Source Review Permit for 121 RDF - Melissa, TIC; Wrote and submitted SAP under ~30 TAC 116..621; Permit approved · TItle V Operating Permit for Maxwell Creek Landfill- Sachse, IX; Wrote and submitted original Title V application as well as renewal ' .1 · Title V Operating Permit for McKinney Landfill- McKinney, TX; Wrote and submitted original Title V application as well as renewal . · Title V Operating Permit for 121 RDF - Meliss~ TX; Wrote and submitted original Title V application as well as renewal . (:.. R w~ Beck, lnc6 5--7 SECTION 5 · Amendment to ~AP tOrMcCommaS Bluff LSndfill- Dall~ TX; Wrote and subniitted amendment to SAP . . . under ~30 TAC 116.621 that mcoIpOmtes changes caused by the incorporation ofbie-technology at "the.landfill; Submitted November ~005. '", · .Perinit By Rule for Rock Crusher at 121 "RDF - Meliss~ TX; Wrote and submitted app~tiOn as well as renewal under ~J.O TAC 106..1.42; Permit approved · - . NSR Renewal for .Unit 2' Fort Phantom Power Station - Abilene; Tx; Wrote and submitted application to renew NSR pemrlt for 200 MW electric power under f30 TAC 116; Renewal approved _ - · Wastewater Pe~it "for P9 rW -: Sintol1t' TX; Coordinated regulatory interfacie including a face--to- face meeting with senior TCEQ staff on this permit ' - . · WaStewater Pennit for WwrP - Farwea TX; Coordinated regulatory interface on cOntentious issuesš ( I" +- ( ( . .{ - ( t ~.. . 5-8 2P23Q3.5..project Team.doc SECTION_ 6 . - QUALITY" CONTROL _ ,Quality- Control Philosophy . Establishing and then maintaining an appropriate level of quality must start at the begjnniJl8 of a project. . - R. W. Beck begins this process by establishingda clear definition of the work product needed by the client. iDcluding the level of detail, accuracy, and quality of information.needed. W'11h this in mind, one - of the first things the Project Manager and Project Team members will do is establish a level of quality . for the project, and then plan and budget the worle to achieve this standard. Of course, the City needs to be made aware ot: and be in agreement wi~ this standard. Reaching this understanding is an. important part of contraCt negotiations.. ." . . R. W. Beck strongly believes that quality on a project results from doing the right thing the :first time, on time. on budget and in _a manner that provides the client with added value. The project staff that prodUce . the work control the quali1;y level and assme that the appropriate level is reached. It is the Project ~er's responsibility to ensure tbatthis ha~pens. - : Responsibility for Quality Given R W. Beck's philosophy that quality is primarily built into a project, it becomes every project team member's responsibility to see that their work product meets the quality standard. Project Team members understand that they. are expected to produce their work correctly the first time, and should not expect that someone else will catch and corre~ their mistakes or lapses in quality. The experience of Project Team members listed in Section 5 is cOmmensurate with this expectation.. Guiding and . motivating staff to this end is the responsibility of the Project Manager, with active support from the technical leads. . Ultimately, however, it is the Project Manager ,who is responsible for the quality of a project. The Project Manager develops and directs the project work plan and is responsible for the adequacy of the project budget. No one else ~ these responsibilities with the Project Manager. In this project, Mr. Doran will utilize Mr. Hindman's landfill design and TCEQ experience to support this responsibility. Project Team Communication and . Information Exchange Regardless of when or where project communications occur, it is important that technical supervisors and managers of the work clearly communicate expectations (what. when, where, hmv. and why) to those who are carrying out the wo!k. Equally important, team members must communicate any uncertainty they have about those expectations to the appropriate technical SUpervisor. To ensure complete buy~in during the planning and design phases of a project, it is our standard of practice to proactively communicate with both, the project owners and operators. Once mutual consensus is achieved amongst all three parties. we will perform the same process as the project moves forward into . the constmction phase. During tbis phase, consensus must be attained by the construction contractor in addition to the engineers. owners and operators. This communication ensures client priorities and schedule milestones are being met and minimizes occurrence of changes orders during construction. Additionally, R. W. Beck promotes proactive .communication with the :regulatory agencies during project planning and permit preparation. This allows the regulator to know what already is in the permit application when received, and minimi7.es the number of review deficiencies. 2P23Q3..5..Quality Cmtrol.doc 6-1 ;l _ .. .... -. . R. W. Beck utilizes ~delineslchecklists such as the f?llowing ~ughOllt ~sign and constlUcdon: .Design Project. Planning and Implementation. . What are the phases of your design project ~esign. design, p~~g, etc.)'? . "What will your de_liv~les be for each phase (pre-design. report, basis of design, drawings, , specifications, construction docUments fro~tend, etc.)? . . . What" are the submittal and ~ew milestones in yom de~ign phase (300/0, 600/0, 900~, etc.)? - . . What drawing formatIstyles will be ~ollowed '.on this project ~ w. Beck standar~ client standards, . ~J?' . . Does your bu~get inclUde sufficient time for QC checks. for the drafting work? . . . What format will be used for project specifications (CSI or a clieiJ.t~itied format)? - . . What guide specification will be used (AIA's MAsTERSPEC, C~RF's SPECTEXT, etc..)? . When (at which design milestones) will cost estimates be 'submitted and does wo~ scope and schedule adequately account for cost estimate preparation? ~ -. . What methods will be used to prepare cOst ~~tes (may ~er at each project mil e stone) 1 . . What co~~gency will be used in cost estimates? ~ow will the contingency change (toe., be reduced) at different design milestones? .. Is e~ discipline lead maintaining an up-to-;date workbook containing o~ginal calculations? ( ( ( ( SECTION 6 . -( ( ~ Design Project Checking Procedures . Does your Project Management Plan (PWJ define Quality. Control (QC) responsibility for specific . project elements? . Are formal QC checks scheduled for major .project milestones? . Do you maintain a QC record that documents formal QC checks'? . Has each drawing been checked by a qualified person other "than the design engineer? . Does evidence .lfthe formal drawing check appear on each drawing? . Have interdisciplinary cross checks been performed prior to key submittals (30%, 60%~ 900ht Issued for Bid, Issued for Constmction)? . Have subconsultants been fully advised of the requirements for interdisciplinary cross checks~ . Will you use a single interdisciplinary check set or multiple sets of drawings? . Have reviewed sets of drawings been retained until project closeout? . . Has each set of calculations been checke(rprior to 900/0 review? . Have original calculations been retained in the permanent project file? . .Have all specifications been read cover to :.cover by a designated reviewer? . Has the reviewer checked all cross references in the specifications? . Has a senior person reviewed all cost estitpates to see that they are sensible, complete, and consistent with project specifications? 6-2 2P23Q3..6-QJa]ity Contrd.doc APPEND};. "SELECT PROJECT TEAM MEMBER RESUMES This appendix consists of resumes presented in alphabetical order for select Project Team members. highlighting experience that is relevant to the City's l~dfill design project. John A. Baker Alan Environmenta~ LLC J President University of IWhOls: M.S. In Environmental Engineering & B.S. In BfologylChemistry Mr. Baker provides over 31 years experience in studying environmental impacts of landfills and remedial sites. He previously worked 23 years for Waste Management, Inc. most recently as the Director of New " Technology. In. this role, Mr. Baker was responsible far developing innovative methods for " environmental assessment. remediation," and proactive management of active and closed landfills. He " developed and managed over 18 bioreactor landfill demonstrations and helped in the permitting and conceptual design of the Outer Loop L~l1 bio~ctor in LollisviIle working with the State of . Kentucky and USEPA On a cooperative research basis. At this facility, alternate ~ers of clay. and . " compost (biocover) was demonstrated to attenuate methane, VOCs, and odors. Mr. Baker implem~ed " innovative remedial technologies for Superfund sites. hazardous waste landfills,. and solid waste sites. He also developed innovative monitoring and assessment techniques for fingerprinting sources of contami~mion and is an experfin demonstration landfiU gas to groundwater contamination for.solid waste.sites. New statistical tecbnique~ were developed for evaluating monitoring data for haZardous and solid waSte facilit!es' an4 participated in ~oning; for the regulatory rule ch.ange for the ReRA groundwater regUlations for statistical analyses of data. He has demonstrated alternate technologies, such as vertical wetlands, to manage leachate and contaminated gro1llldwafer. Mr. Baker is a recognized expert in bioreactor 1andfiI1s, ahernate caps, gro1llldwater quality, hydrogeology, and landfill operational efficiencies. He has lead numerous State and Federal workshops for groundwater monitoring and assessment techniques, bioreactors, and innovative technologies for ground~ remediation. Relevant Experience · Participated in 18 Bioreacmr Landfill Demonstrations - Helped permit and develop conceptual design, operation, and monitoring of 18 bioreactor landfills,. most notably in Louisville, Kentucky. Demonstrations are to provide data to USEPA to justUy regulatory changes to encourage this technology. Showed that bioreactors generate more gas and control more during the operation compared to post-closure, improve leachate quality by in-situ treatment within the landfill, increase airspace by accelerating settlement, show that a ReRA cap is not necessary after closure, and post~ closure care should be reduced to 10 years or less. The following are a list ofbioreactor and significant leachate recirculation sites: · City of Dallas. TX- Selected as Consultant'to City of Dallas McCommas Landfill to assist in planning. design, and pennitting as biorkctor landfiU to increase gas generation, airspace, leachate recirculation, and alternate cap; · Evergreen landfill. OH- first leachate recirCulation demonstration using horizontal permeable blanket and one injection pipe. 2 acre area injected 500.000 gallonslyear for 7 years without any seeps or problems. Degraded waste ~pled to depth of just above liner 2P2303-Appendlx.doc A-1 ., c APPENDlX - (.~ - . · . Countywide LandfiUJ OH- Peer reviewed detailed design for horizontal injection trenches with pipes and gas collection while dormant, cheapet:,version developed on-site at mUch less cost. Both o versions worked well. . , · Uve Oak"landfill, GA- Researched and funded 3 acre pilot aerobic landfill bioreactor. Degraded waste in 9 months to compost like quaIity,oAacceptable to States compost ~dards for off-site use.. Scaled up later to 10 acre site. · L&D Superfund landfill- Funded and conceptually designed experimental bench scale and full scale method of aerobically treating groundwater plume by injecting back into aerobic landfill . . · r Spruce Ridge Landfill-MN- F)mded and provided technical oversite of leachate recirculation project . " that had control cell Comprehensive data on gas quality and quantity, leachate quantity and quality, settIe~ent, cover dynamics, geophysics, and waste analyses with depth collected over 5 year' period. ' . Mid~Peninsula Landfill, VA- Funded and monitored leachate quality~ quantity, gas production, and alternate recirculation 'methods. Data collection on density and settlement of landfill , 0 0 - . . · Atlantic ~fill, VA.. Funded and monitored leachate quality, quantit}r, gas productio~ al~ recirculation methods, settlement, densio/~ and affects of sludge additioa · High Acres, Landfill, NY- Funded and tecbnicaI oversight of desi~ .operation, and data collection on leachate quantity, qua1ity~ gas ~uction~" and Settlement. - Next step is liquids addition pending RD&D role promulgation. · DSWA Sandtown LFJ DEw Funded and directed study on summarizing 20 years histOrical data for leachate quality, quantity, -water baIance~": settlement, density, gas production at the only site kD.own _ to have this much historical data. Also f\mded study on 2 small test cells measuring same parameters comparing bioreactor to control. · Northern Oaks, LF- Funded geotecho.ica1 jnstruments to measure in-situ settlement, density, stability, strain, and stress of waste. Served as technical advisor to MSU who collected data on leachate quality, quantity, gas quality an~ quantity, and degradation. Conceptual design and operation of facility. . · Metro Landfill, WI. Funded project, participated in con~ design, assisted in permitting, operational review, and data collection for settlement, density, gas production, leachate quantity and quality.. Helped gain acceptance for liquid biosolids as research project with EPA Reg. V. · Outer Loop Landfill, KY.. Funded initial project, assisted in EPA and KY acceptance and CRDA, technical advisor on conceptual design land operation. · Burlington County Landfill, NJ.. Funded project, technical advisor to county on design, operation, data collection for waste characteriZAtion, gas production, leachate quality and quantity, settlement and density. · GROWS Landflllt NJ- Funded project, c,ollabOrated with Geosyn:thetic Research Institute for monitoring of liner and within waste for temperature, leachate and gas quality~ Leacahte quantity and density measured. . Central Disposal) lA.. Funded and involved in conceptual design ofbioreactor, innovative gas collection, leachate qualityt quantity) g8s quantity, quality, density and settlement (" (0 (r (- o ( ( ( A-2 2P2303-Appendix.doc . :/~ -' SELECT PROJECT TEAM MEMBER RESUM~,,- · McGill Landfill, MI. Funded and involved in conceptual design of innovative method of leachate mjection using horizontal blankets on different materials-tire chips~ glass cullet. and geonet. Results show more efficient and cheaper thari horizontal trenches. Settlement and' gas production being measured. ". ConfidentiEll Landfill- Evaluate settlement, density.:waste composition (15-20% biosolids by weight) leachate riuaJity and quantity, and gas production data Project objective was to determine if leachate rec:ircuJation practices resulted in characteristics ofJandfill acting ~ a bioreactor. Scott F. Coon R. W. Beck, Inc. / Water & Waste Resources SenJar MechanlcaJ Engineer University of WIsconsin.Plattevflle: 8.S. !n Mechanical Engineering Mr. Coon is a recognized expert in the field ofbiogas utilization.' His 22 years of experience encompasses all aspects landfill gas systems, including system design, project financing reviews, predictive modeling, operations and regulatory review. He has lead the design of Jandfill mechanical and biogas systems throughout the United States. as well as many intematiOnallocatioDS. Mr. Coon also possesses extensive experience in Landfin leachate and wastewater system design for both industri8.1 and municipal applications. He has led the design of numerous" leachate recirculation systems resulting in advanced biodegradatio~ reclaimed: airspace, enhanoed.LFG generation and significantly reduced operations cost. ' . f Relevant Experience . " " " , · Bioreactor Development, McCommas Bluff Landfill, Dallas, Texas. Modeled the LFG generation and collection system to forecast expected LFGJ?roduction under bioreactor conditions. Developed a design plan to expand, renovate and improve'the LFG collection system,. and recirculate leachate and liquid amendments 1broughout future cells. 'Led design. work for liquids and LFG mechanical systems. · Recirculation to Energy, Crow Wing County, Brai~erd, Minnesota. Conducted LFG generation field extraction test leading to development ofLFG energy recovery facility. Designed critical systems for leachate recirculation, spray irrigation and flow metering systems. Modeled LPG generation and developed recirculation to energy concept. · LFG and leachate Extraction System, City of Sioux Falls landfill, South Dakota. Designed and oversaw construction and start-up of a dual extraction system at the active landfill portion of the City of Sioux Falls Landfill. The LFG collection system is operational and due to begin performance testing this winter with the installation of a blowerlflare system. Completed hydraulic design and specifications for supporting leachate treatment and storage pond. · LFG Extraction System and Leachate Recirculation, East Central Solid Waste Commission. Mora, Minnesota. Designed and oversaw construction and start-up of a LPG collection and control system at the ECSWC Landfill in Mora Minnesota during,the summer of200S. Designed a leachate recirculation system. which was installed in 2004 and 2005. which re-distnoutes leachate across Phases 4 and 5 of the active landfill. ': · Portfolio Review of LFG Recovery Project, GE Capital, Wisconsin and Pennsylvania. Conducted a thorough independent engineering assessment of the LFG collection and control systems, gas treatment, and containerized engine-generator packages proposed for the project. The most critical aspect: of the projects was the LFG generation and recovery forecasts utilizing R W. Beck's over twenty years of R. W. Beck, lnc.. A-3 ( (" APPENDIX ",-' ( ;" L. - " empirical and theoretical LFG production data and proprietary gas model., The projects are currently under final revieW and expected to be constructed in 2006. · Cedar HlUs Regional landfill, King County, Washil]gton. Project manager and lead mechanical engineer for development of one of the largest and most complex LFG control and management systems in the country. Perfoimed predictive LFG generation modeling and. conducted extensive manifold network analysis leading to major improvements in coll~ction manifolds and flare station flow dynamics. Designed horizontal collection system capable of extracting LFG almost immediately after waste placement. · Independent Review of Landfill Gas Projects, NewCou~ Credit Group, Toronto, Ontario, Canada. Independent review for financing of 13 existing landfill gas projects. Included review- of project operations. environmental risk, site visits, equipment inspection,. predictive modeling of gas recovery. pro forma review. (~ (- ( , + · Turbine GeneraUon Review, Houston, Texas. Performed a comprehensive review of several. combustion turbine generation scenarios for a proposed 20+MWLFG project at a large landfill in the northwest. Developed capital and O&M costs for five different plant -configurations and a provided a SUImnaty of the latest. developments in LFG combustion and pretreatment systems. · . LFG Recovery Model, Apex Regional Landfill, Las Vegas, Nevada. Modeled the LFG recovery potential 8nd determined the collection system requirements. Developed estimates of the si%e of power plant . needed for the recovered LPG and developed cost estimates for the LFG collection system. · Mcleod Landfill Gas-to-Energy, Mcleod County, GJencoe, Minnesota. Conducted testing to establish size and type of power generation equipment for LFG 1ecovery facility. including predictive LFG . generation modeling. Developed' project techDical scope, contracts. cost analysis and power purchase agreement between the County, a large pri~ waste .firm, and the local electric cooperative. i _ · Landfill Gas Recovery, little Rock, Arkansas. Developed landfill gas control, recovery and beneficial use system for the- new landfill. reducing odor cOIhpla.ints. Assisted with the cost! benefit analysis for the landfill gas recovery system~ · Landfill Gas Generation Independent Review, Gazmont Recovery Project, Probyn and Company, CTEO . Montreal, Canada. Developed landfill gas generation model, projected gas availability. provided risk assessment reports. and refined forecast of long term project revenues for the proposed second largest landfill gas fired power plant in the world~ · Landfill Gas Emissions( Migration Control System, Kauai, Hawaii. Conducted predictive landfill gas generation and flux: modeling and designed landfill gas emissions and control system to ftmction with a golf course and housing complex built directly on top of the closed HaIehaka landfill. · landfill Gas Recovery Facility Independent Revie~, Allstate Project Rnance, Suffolk COunty Landfill, Virginia. Modeled landfill gas genemtion, provided independent engineering review of the site and landfill gas recovery system design. monitored construction and oversaw perfonnance and reliability testing. · LandfiU Gas Extraction! Migration Control System, ~aclne, WISConsin. Designed and assisted installation of landfill gas recovery system expansion, desi,wed to eliminate gas migration and account for needs of hazardous waste unit at the site.. r A-4 ~ix,doc saeCT PROJECT TEAM MEMBER RESUMES }l" Fred Doran) P.E. R. W. Beck, Inc.1 Senior Director & Project Manager. . University of Wisconsin. Madison: B.S. and M.S. in eMI and Environmental Engineering .Mr. Doran is a Senior Environmental Engineer and Project Manager with R.w. Beck working with solid Waste clients; providing clients with innovative solutions to technical and financial cha1Ienges: His. . projects have won engineering awards and earned recognition witbin the fudusUy. His experience includes feasibility studies. facility siting and design. permittii1g. hydrogeologic investigatio~ leachate and landfill gas system design. environmental reporting and construction management. Mr. Doran is successful in keeping complex and multi-phase projects on schedule due to regular contact with the client, regulatory agencies and all othednterestect parties in a project. Mr. Donm is also a frequent speaker at environmental engmeering conferences and seminars and has .published articles in sevenl industry periodicals. ' . . Relevant Expertise . . Landfill Gas and Leachate Control Mr. Donm. develOped both active and passive landfill gas an~ leachate monitoring and control systems as part ofIandfill siting projects, landfill closure agtivities and regulatory ,requirements of opem.ting . landfills. His work has included emergency response to explosive methane concentrations migrating into . residential areas. innovative bioreactor and recirculation programs and redesign of existing lao~ gas control systems to reduce operating costs. ~,. . · City of DaHas, Texas - Managed the permitting effort to secure both air and MSW permits for the McCommas Bluff Landfill to operate as a full-scale bioreactor. Included conceptual design to determine liqUid amendments, diStribution systems. and LPG collection methods. InCOIpOrated a ' benchmarking study and community outreach program. . . · Crow Wing County MMSW Landfill, Minnesota - Developed leachate recircula1ion bioresctor program. and provides assistance with construction and operation. Developing recirculation-to-energy (RTE) project from enhanced gas generation. Engineer of record for all permitting, design and construction efforts. · East Central Solid Waste Commission, Mora, Minnesota - Evaluated existing conditions and implemented emergency response to controllandfiIl gas migration from the unlined landfill. Served as Project Manager for the design and implementation ofa LFG extraction system and leachate recircu1ation system. Engineer'of record for permittin& ~esign, and construction projects. · City of Sioux Falls Landfill, South Dakota - ProYided technical support and quality assurance for the design and constmction of a unique dual extt<tction system that utilizes a single well casing and drain system for both gas and liquids recovery.;. · Lyon County Regional landfill, Minnesota. - Managed and was lead engineer for an expansion of a leachate recirculation system. Currently developing expansion plan for facility that will include permitting, EA W preparation, and wetland nlitigation. · USEPA, Washington, D.C. - Provided Office of Solid Waste staff with a technical review of public comments concerning leachate recirculation on alternate liners and bioreactor operation. Recommended potential revisions to Subtitle D to incorporate these technologies. R W. Beck, ]nc~ . J: - A-5 . ( (' APPENDIX (~ . (. Facility Permitting. Design. and Construction. . . . Mr. Doran has managed projects to ciose existing landfills. as well as perform all the steps needed to . construct new landfill facilities. These projectS .have included closure, groundwater monitoring, annual reporting. applications for solid waste. air quality and water quality p~.liaison with state regulatory - agencies, Environmental Impact Reports (EIR), Environmental Assessment Worksheets (EA W). design . of lined and unlined landfill cells) financial as~ce requirement calculations and preparation of leachate management plans. . . ~ · Crow Wing County MMSW aOd Demolition Landfills, Min!lesota - Permit work included EAWs; permit applications, plans and specifi~ations fOT. cell construction and closure, and annual reporting. · - ~ast Central Solid Waste Commission, Mora, Minnesota ~ Directed development of.a permit application for a vertical expansion, implementing 3: 1 slopes and final cover remOval to increase capacity over -existing footprint. Prepared plans and specifications and documented construction of composite lin~ cell and leachate treatment pond. '. · Scepter Industries Industrial Waste Landfill, Bic~hellJ Indiana - Directed design of composite liner with leachate collection, provided quality assuraIice on construction and managed development of lan~ expansion plans, as part of permit modifica.tj.on.. · WoodlaJte Sanitary landfill, Browning-Ferris Industries, Inc., Medina, Minnesota - Developed closure plan" including clay cover design, slope stability analysis and combined leacJ1ate..gas extraction system design, reviewed documentation and certification report for closure, designed environmental monito~g system as part of permit appIi~on. . · Northeast Otter Tail Sanitary Landflb, Minnesota '- Design of a lined ash and MSW landfill. closure of existing facilities, draft EA W, industrial waste management plan, :fmancia1 assurance calculation, and. . leachate m~gement plan. J'''' ( (~ ( ( ( R..Jeffrey Dun~1 P.E. Kleinfelder I SenlDr Principal Engineer J Solid Waste Specialist UnlvensJty of California, Berkley: Ph~D., M~S. In Geotechnical Engineering & B~SI in Civil Engineering Dr.. Dunn has over 28 years experience as a gedtechnical engineer with major focus on solid waste and landfill design, c<instrnction, operati~ remediation, and post-closure development At Kleinfelder, he is leader of the solid waste practice for the company and is responsible for technical quality ofKleinfeldets solid waste practice and program management.iDr~ Dunn is nationally known for his expertise in design and constmction of landfill liner and cover syst;ems and particularly for his practical and responsive solutions to field issues and problems.. As a specialist in geotechnical soil behavior he is highly experienced and has a thorough understanding .of characteristics and associated performance issues for soil and geosynthetic materials that correlate td- successful landfill performance.. He has worked on over 50 landfill projects and performed in a Prograin or Project Manager and Senior Consultant role on a wide variety of landfill projects including those for municipal solid waste (MSW), hazardous waste and low-level mixed radioactive waste.. He is highly experienced with innovative designs including leachate- reinjection, bioreactor landfills, and inward-gradient landfills. Through his experience he has also developed strong relationships with many regulatory agencies throughout the United States at the Federal, state, and local level.. A-6 2P2303-Appendix-doc . ~ se~CT PROJECT TEAM MEMBER RESUMES Relevant Experience . · McCommas Bluff Landfill Biorea:ctor Design - Dallas. Texas; Senior Consultation: Bioreactor operations are proposed for future cellS at this landfill operated by the City of Dallas Texas. Dr. Dunn provided senior consultation and review of geotechnical analyses of the stability of the landfill bottom lin~, interim ~ final waste fill slopes, and final cover. Specific emphasis was placed on evalUation o:fthe impact of leachate buildup Within bioreactor cells and analysis ofIand:fiII gas pressure impacts on the stability of the slopes. Findings emphasized the importance ofproper leachate applicatiQIl, as well as leachate and laitd:ti11 gas recovery efficiency. · Land Recovery Incorporated Landfill .:.. Graham, Washington; Dr. Dunn has served as a senior technical consultant for landfill design. construction and operations of this MSW landfill located near . Graham, Washington. ServiCes have included design and permitting of leachate :reityection in bioreactor disposal cells, lining system consultation on geosynthetic clay linet alternative 1iD.ers, claY liner evaluation and field ~~g and landfiJf gas confonnance.. . · Casmalia Resources Site - Five Hazardous Waste Landfill CloSlJres; As Project Manager. Dr. Dmm ' was in, charge of this difficuI~ closure proj~ of five hazardous waste landfill units located in a highly' sei$mic region with a potentially active fault at the facility, He led the closure design of innovative . cover systems. which met the RCRA equivalence requirements and is compatible with future remediation activities at the facili1;y. The use of sfate..of..the-art exploratory and design techniques . resulted in significant cost savings by elimiiiating the need foi large stabilizing buttresses at several of the.hmnilll!l. All cover systems were fine-tuned to the materials available at the site.and utilized . contaminatfll({ materials in the low-permeability foundation layer. All design work was reviewed by the,USEPA and multiple state and local ageri.cies. In order to fi1cilitate design review the project team worked in an "over~1he-shouldef' review mode to keep the regulatory agencies apprised of design assUmptions and details throughout the process. He also managed construction quality assurance services. .William R. Hindman) P.E. Chiang, Patel, & Yerby, Inc./ Vice President and S~Jd Waste Program DIrector Texas A&M University: M~ S. & B..8. In Civil Engine!ering 1 During his 36-year career, Mr. Hindman has been responsible for business operations. personnel supervision, project design., permitting and exegution, and business development. He bas developed extensive S1rategic Business Development Plans to effectively utilize the coordinated efforts ofkey personnel and provide leadership in the implen;.entation of various projects. His experience in project management and coordination has been utilized in a broad range of civil. environmental, and solid waste projects. Mr. ~dman 's personal involvement in significant projects and client relationships includes design review of Work performed and SUpport of project team members in the performance of their tasks. Under his direction, professional engineering services have been provided to public and private clients in all areas of transportation, waste management and water/wastewater facilities. Mr. Hindman has supervised and coordinated the work of professional engineers and architects in maintaining quality control and time and budget schedules~ As a managing principal, he has served as liaison between clients, regulatory permitting agencies, and planning and design teams; established policy control procedures, design criteria and project goals; has ensured appropriate project staffing is available; and has served as quality control program officer for review of project work. The following projects represent his experience directly related to this project. R W$ Beck, Inc. A-7 ." "J . APPENDIX ( ( ( (: Relevant Experience · .Denton Sanitary landfill- City ofDento~ Texas: Project Principal responsible for TCEQ Permit Amendment and Initial Subtitle D Cell design and overall QAlQC. He directed design and Provided . resources, served as client contact and regulatory liaison for permitting and approvals. Initial design included Subtitle D Cell, liner; and leachate coll~tion system . · ~mmas Bluff Sanitary landfill Bioreactor Pannit Modification - City ofDaJlas. Texas; Project PrincipalJProject Manager responsible for preparation of a Noticed Permit Modification application to TCEQ to allow development of a portion of the McCommas Bluff Landfill as a bioreactor.. Met with TCEQ staff (MSW and Air Quality) to provide technical information and assist in development of the TAC 330 RUle rewrite to properly ~ 1he bioreactor technology effectively. · Hunter Ferrell Sanitary landfill Permit ModificationS - City ofhving; Project PrinciplelProject Manager responsible for prepanlrlon and submittal of Permit Modification requests to 1) upgrade the existing Site Operating Plan. 2) authorize use of an Alternate Daily Cover (ADC) on a permanent basis, and 3) Authorize use of another ADC on a temporarY basis. . .. Hunter Ferretl Sanitary Landfill Permit Modific?atioris - City of Irving; Project PrincipaJlPtoject Manager for preparation of plans/specifications for construction of a Maintenance Facility, a Citizen Collection Station, and a Fueling Facility at the Landfill. · Sanitary Landfill Assistance - City of Dallas, Texas; Project Principal; Provjded on-call engineering . services to the City Department of Sanitation related to construction and operation of the city owned McCommas Bluff Sanitary Landfill.. . · Ga~and Sanitary landfill- City of Garlan~ Texas; Project PrincipallProject Manager for TCEQ Permit and Initial Site Development.. He served as day-to-day client con~ and' provided overall QAlQC, directed design efforts, and served as.regulatory liaison for permitting and approvals.. Initial development included entrance roadWays. scale house, demudding facility, maintenance facility, Subtitle D Cell, liner leachate conecti~ groundwater mOnitorin& and levee design. · Lubbock. Sanital)' Landfill- City of Lubbock, Texas; Project Principal responsible for TCEQ Permit and Initial Site Developmen~ and schematic design and overall QA/QC. He directed d6sign and provided resources, anc;1 served as client contact and regulatory liaison for permitting and approvals. Initial development included entrance roadways. sCale house, citizen collection area, maintenance facility, Subtitle D Cell design, liner, andleachate cqllection system. · SH 30 Sanitary landfill- BVSWMA - College Station, Texas; Project Principal responsible for siting study activities and site evaluation of the SH 30 Landfill in Grimes County. Responsible for initial TCEQ Permit activities including public meetings and land use only hearing. Provided guidance to consultant staff to develop overall site conCWtual plan to address permit technical issues (fire trainin& aggregate storage, container repair.). · Sanitary Landfill Penni! Amendment - City of Commerce, Texas; Project Principle responsible for preparation of a permit modification and subsequently a permit amendment to reopen the closed city Sanitary Landfill and upgrade it to Subtitle D standards~ Coordinated all regulatory activities to complete the application submission prior ~ a legislative mandated deadline. · Sego Sanitary Landfill, Closure Modification - Shred-Tech. Lewisvilte, Texas; Project Manager for preparation of notification of changes and supporting plans and narrative to modify the final closure of the Sego Sanitary Landfill. Notification Documents were prepared and submitted to TCEQ and approved. . j {- ( ( ( (" { r A..a 2P2303-Appendix.doc .'" 'l' ' . ." - " . SELECT PROJECT TEAM MEMBER RESUMES Frank E. Pugsley, EIT . Chiang, Patel, & Yerby, Inc. I Environmental & Civil engineer Texas Tech University: M.S. & B.. S. In EnvIronmental, Engineering . . Frank Pugsley has 1hree years of experience on a variety of municipal infrastructure projects. :He has been a desigQ.' epgineer for projects including solid waste tran,s,fer and disposal facilities water treatment . plant renovationS to mUnicipal water and waSteWater systems. His engineering design experience includes sanitary landfills. citizen collection facilities, wastewater collection sy~ potable water supply rehabilitation, chemic8.L systems for watet treatment, pump station design, construction manageri1ent. and U.S. Army Corps of Engineers pennit applications. Projects representing Mr. Pugsley's experience directly ~lated to this project include: ' , . Relevant Ex~rien~ · SeQo Sanitary landfill. CloSure Modification - Shred- Tech, Key Designer; Assisting in the preparation of . notification of chang~ and supporting plans ~d namrtive to modify the final closure of the Sego Sanitary Landfill located in Euless, Texas. The Notification Documents were prepared and submitted to the TCEQ for approval. Also, he is assi~g in obtaining the approval for the site c.hanges. . · McCommas Bluff Sanitary landfill Bloreactor Pennit Modification - City of Dallas, Texas; Project Engineer Assisting in the preparation of a Noticed Permit Modification application to TCEQ to allow development of a portion of the McCommas:BluffLandfill as a bioreactor. Met with TCEQ staff (MSW and Air Quality) to provide techni~:inf~on and assist in the development of the TAC 330 Rule reWrite to properly utilize the bioreactor tecbnology effectively~ · HunterFerreU San.italy LBndfil! Permft Modifications ~ City of Irving; Project Engineer for the preparation and submittal of Permit Modification requests to 1) Upgrade the existing Site Operating Plan, 2) Authorize the .use of an Alternate Daily COV~ (ADC) on a permanent basis, and 3) Authorize the use of another ADe on a temporary basis. , · Hunter Ferrell Sanitary Landfill Permit Modifications - City of Irving; Project Engineer for the preparation of Plans and Specifications for the construction of a Maintenance Facility, a Citizen Collection Station, and a Fueling Facility at the Landfill.. · Solid Waste Transfer Station Master Plan - North Texas Municipal Water District (NTWMD): Key " Designer; Assisted in the preparation of a m"aster plan for transfer station facilities and other solid waste activities (citizen collection station, recycling. HHW collection, etc.), in conjunction with city of Richardson's municipal activities at the Ifmkout Drive site~ · Solid Waste Management Plan - Collin County, Texas: Key Designer; Assisted in developing a countywide pl~ to provide solid waste services to all areas of the county not currently served with an organized collection system~ " Michael M. Shiflett, P.E. KlelnfeJder I Principal & Senior Geotechnical Consultant University of Texas at Arlington: M .Sa & B. S. in Civil Engineering Michael M. Shiflett. P.E., is a Principal ofKleihfelder and is located in the Fort Worth office, serving as North Texas Regional Manager. He has 30 years of consulting experience. with this being mostly in the North Central Texas area. Mr. Shiflett bas been providing geotechnical engineering consulting services since 1975 on a wide range of public works and private projects. He has served as the principal investigator, project manager and R W. Beck. }nc~ A-9 . APPENDIX consultant for many geotechnical projects. The scope of these projects and assignments has varied-from the routine to the cOmplex reqUiring sophiSticated geotechnic~ analysis. Projects have included solid _ waste permittin~ slope stability analysis, _settlement evaIuationt levee evaluations, commercia.! retail centers, office buildings, high-rise office towers, manufacturing plants, educational facilities, industrial . facilities and public works projects. Mr. Shiflett has investigated sites for municipal a,nd industrial solid waste disposal facilities providing geotechnical analysis. liner desigils, groundwater monitoring systems, quality assurance programs and pfmnit hearing testimony. He has performed nwrierons slope stability a:nalyses.latera1load ~es, and high capacity pier/pile studies including field load testing. He has investigated sites for highway bridges, ground storage ~ elevated water storage tanks, pipelines and water and wastewater treatment plants. He has provided expert witness testiniOJIy based. on his experience as a Practicing geotechnical enmneer. Mr.. Shiflett bas gained comprehensive experience and expertise in dealing with the geotechnical issues and challenges associated with construction in the vario~ and varied geologic settings in this area .. including loose sand, soft clays, desiccated and highly expansive clay, . and hard rock. .Mr. Shiflett has provided geological and geotechnical consultation for waste disposal facilites throughout North Texas. He lias assisted in siting and permitting landfills, has performed groundwater and . hydrogeologic assessments, and has evaluated constructed clay ~IO Representatiye projects and services performed are as follows: . Relevant Experience · McCommas Bluff Landfill Bioreactor Design - Dallas, Texas; Geo~hnical Engineer: Conducted slope stability aDalysis for a bioreactor cell design'at McCommas Bluff LandfilL The slope stability analYsis included: side slope liner stability~ interim waste slope stability, final waste slope stability, and .final cover stability.. _. · Arlington Landiill- .Arlington. Texas; Geotec~cal Engineer: Performed groundwater study at an existing facility to evaluate the effectivenes~ of a slurry wall banier system. The study occurred over a 2-year interval measuring the impact of site flooding, rainfall, dewatering operations, and geologic continuity within the proposed landfill bottom. · Waste Control Specialists, LLC - .Andrews Co~ty, Texas; Geotechnical Engineer: Provided geotechnical engineering analysis for portions of the landfill design during permit renewal by the permitting consulting firm~ Services included: Liner System. Design, Stability .Analysis of Berm and Cut Slope, Interim Slope Stability Analysis, Hazardous Waste SettlementAnalysis, Strain of Final Cover System, Loading calculations and thickness determinations for Temporary Storage Pads, CQA testing and documentation of new cell liner construction. Dan J. Wittliff, P.E., DEE Dan Wrttliff Consulting, PlLC I Principal , Southern Methodist University: B.S. In Mechanical\ Engineering University of Oklahoma: Master of Business Admi~lstratton Mr.. Wittli:f(, former Chief Engineer of the Tex8s Natural Resource Conservation Commission (now Texas Commission on Environmental Quality - TCEQ) is Principal of Dan WittIiffConsulting, PLLC. This firm provides professional engineering services in environmental engineering, regulatory affairs, and energy systems. Before service with TNRCC,~~Mr. Wittliff served in several supervisory positions with West Texas Utilities Company, Abilerie, TX managing and monitoring power station performance to include issues related to air pollution, water treatment, industrial hygiene, and solid waste disposal. 1vfr~ A-10 2P23Q3..Appendlx.doc ( r ..... (~ , /''' L :.j.,:-~. ( ( .,.. ,,' ( ( t- . ( . SELECT PROJECT TEAM MEMBER RESUMES Wittliff'keeps complex and multi~phase projects ,on schedule and within budget He maintains regular contact with the client. regulatory agencies, engineers. and contfacton involved in a project. Because of his experience in government and industiy, Mr. Wittlitf is a skilled consensus builder who proactively . engages the community on behalf of clients to address relevant issues early and economically. On behalf ofhis clients. he is an. advocate for cutting edge technology (e.g.. bioreactors and leachate recirculation) to imProve operation, compliance. and finances., ,Relevant Experience Air PermHtlng - . · McCommas Bluff landfil'- Dallas. TX; Wrote ah~ secured from TCEQ a New Source Review Standard ' Air Permit (SAP) Number,7470S forthis 146 million ton MSW Landfill; TCEQ issued the SAP . without any notices of deficiency. Worked with TCEQ and Dallas Air Control Program to resolve eiJ.forcement issues. Wrote and submitted an application to amend the McCommas BluffLandtilI SAP Number 74705 to ~unt for effects of implementing bio-technology at1his landfill. · 121 Regional Disposal Faci!ity (RDF) -_Melissa, TX; Provided essential support to permitting team and ,Provided key testi:mony before state officials to secure a MSW pemtit for this 6() million ton green field site in Collin County. Wrote and secured :from state regulators.a SAP Number 55513 for this facility. Modeled landfill gas emissions and developed a compliance timeline for relevant LFG control systems. Wrote application for a Title V Air Operating Permi~ for this fac~. · Maxwell Creek LandfiD -_Sachse. IX; Wrote application for a Title V Air Operating Permit fox this 4.5 . million ton MSW facility in Collin COlJllty. Worked with client and legal team. to resolve compliance and enforcement issues. · McKinney landfiU - McKinney. TX; Wrote application for a Title V Air Operating Permit for this 4.4 million ton MSW facility. Worked wid.1 client and legal team to resolve compliance and enf~ent issues. · NSR Renewal for Unit 2 Fort Phantom Power Station - Abilene. TX; Wrote and submitted application to renew NSR permit fox ZOO MW electric power under ~30 TAC 116. Renewal approved. Environmental Remediation and Public Outreach · Sunset Depot Cleanup Issues - San Antonio. TIC; In the aftermath ofA1amo Iron Works cleanup to make way for the Alamodome, angry local citizens raised concerns about the cleanup of the adjacent Sunset Depot site and its potential impact on ground water and public health. R.epresemecf the lNRCC Executive Director at a televised public meeting between owners, regulators, politicians. and concerned citizens (Residents Organized for a Safe Environment). Defused the volatile situation, explained the environmental issues to neighbors and arranged for the active participation of the concerned citizens' leadership in the Sunset Depot planning process. · American Ecology Disposal Site Compliance Issues - Wmona, TX; Represented the Executive Director of TNRCC at public meetings on proposed pemiits for air, hazardous waste, and deep well injection. Worked with angry neighbors who Were suspicious oithe activities and safety of the plant. Coordinated a multi-media permitting approaph to address the neigb.bors' concerns, bring the plant into compliance. and keep it from closing. · Conroe Creosote Site Cleanup - Conroe, TX; Represented the Executive Director at public meetings on the controversial use of an innovative technQlpgy to cleanup an abandoned creosote treating site. Issues for the angry neighbors include~ groUndwater migration of contaminants. air emissions from the remediation approach, and adverse property value impacts. R Wt BeckJ Ine. A-11 i:( h"" :$" ... Multl-~edla Permittfng. and TCEQ Experience .. ., · Texas Proposal on 8..fiour Ozone Standard - Orchestrated the intei-discip,linary development of the state)s alternative proposal to USEPA's eight-hour ozone l'fAAQS stan4ard. In~luded toxicologists, air-shed modelers, permit engineers, compliance and. enforcement staft and meteorologists in the development process. Represented the TNRCC C~sioners in presenting this issue. in meetings in :five Texas cities as well as in Washin~ D.C. · Multi-Media Environmental Compliance and Pemlitting ~ Managed the efforts of a professional, mUlti- media (airt waste, water, wastewater, spill~ ~ industrial hygiene) environmental staff and a million plus dollar budget used in securing permits~ determining fees, reporting compliance, and maintaining ~wareness for companys nine power stations,'eight service facilities, and 1,100 employees.. - . . · Texas EmiSsions Reductions for Off-Road Diesel Engines - Worked with TxSWANA legal team. and Metroplex area members to craft a Strategy for complying with an off-road diesel equipuient ban while keeping area landfill operations open. Surveyed 47 DFW MSW facilities including: 17 landfills, 15 transfer stations, 6 composters, and 9 recyclers.. Developed equipment counts and air emissions by facility type (345 To1al): " 228 at t~nrlf;]ls,- 32 at transfer stations, 57 at composters, and" 28 at"recyclers. Presented findings to Commissioner and senior staff at INRCC~ · S30 TAC 317. Wastewater Rules Rewrite - Served on TNRCC's Core Committee for the rewrite of the agency's wastewater mles.. Effort resulted in more understandable roles with accompanying regulatory guidance.. - . . ~,<'" . ( ( .. C ( ( ( ~ ( . ! APPENDIX . ~ A..12 2P23Q3..Appendix.doc AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Janet Fitzgerald 349-8274 AGENDA DATE: May 16,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the installation of playground equipment and other renovations at Avondale and Civic Center Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 3493-Avondale and Civic Center Park Playground Renovations awarded to Texas Environmental Management S.A., Inc. in the amount of $41,624.41). BID INFORMATION This bid is for the demolition of existing playground equipment and installation of new playground equipment at the Avondale and Civic Center Park playgrounds. Council approved the purchase of the new playground equipment on April 18, 2006. RECOMMENDATION Award to the lowest responsible bidder, Texas Environmental Management S.A., Inc. in the amount of $41,624.41. PRINCIPAL PLACE OF BUSINESS Texas Environmental Management S.A., Inc. Justin, TX STAFF COST ESTIMATE Staff s estimate for this proj ect was approximately $63,183.77. ESTIMATED SCHEDULE OF PROJECT Completion of the park playground equipment installation is estimated to be 10-14 days after receipt of the equipment. All work is to be completed no later than the last week of August 2006. Agenda Information Sheet May 16, 2006 Page 2 FISCAL INFORMATION This project will be funded from account 400065447.1350.40100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3493 Attachment 1 BID #3493 DATE: 4/25/06 AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS Principle Place of Business: Avondale Park Playground 1 Demolition of Existing Playground Equipment 2 Installation of New Playground Equipment (All Playground Equipment will be provided by Owner) (1) Unit - Little Tike 5-12 yrs Castle Unit (1) Unit - Little Tike 2-5 yrs Castle Structure VENDOR VENDOR VENDOR Simmons Builders Eagleton Texas General Environmental Contractors, Inc. Construction Mgmt. S.A., Inc. Flower Mound, TX Azle, TX Justin, TX $800.00 $22,399.00 Avondale Park Playground Total $23,199.00 Civic Center Park Playground 1 Demolition of Existing Playground Equipment and Part of the Play Area 2 Installation of new Playground Equipment and Expansion of Play Area (All Playground Equipment will be provided by Owner) (1) Unit - GameTime PowerScape Modular Unit (1) Unit - PowerScape Swing (1) Unit - Huna Climbing boulder $1,100.00 $30,798.00 Civic Center Park Playground Total $31,898.00 Alternate - Deduct Total for All Work $55,097.00 Demolition of all Playground Equipment for both parks, Equipment Only. UNIT PRICES: EROSION CONTROL (FURNISH & INSTAll) Silt Fence Barrier - (as shown on plans) - Dollars per L.F. PLAYGROUND COMPONENTS (FURNISH & INSTAll) Playground 12" x 12" Concrete Curb - Dollars per L. F. Demolition of Playground Curb - Dollars per L. F. Playground Access Ramp - Dollars per L.F. Fibar (or equal) Playground Surfacing - Dollars per C.Y. -$900.00 $2.15 $28.25 $2.00 $875.00 $34.00 $4,700.00 $19,000.00 $23,700.00 $13,250.00 $36,200.00 $49,450.00 $73,150.00 +$5,750.00 $1.50 $32.00 $35.00 $800.00 $26.45 $1,852.75 $11,141.40 $12,994.15 $3,211.50 $25,418.76 $28,630.26 $41,624.41 +$4,158.00 $1.22 $19.17 $2.08 $6.05/SQ. FT. $31 .08 Attachment 1 BID #3493 DATE: 4/25/06 AVONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS Principle Place of Business: Fibardrain (or equal) drain pipe - Dollars per L. F. Fibar Felt (or equal) geotextile fabric - Dollars per L. F. MISCEllANEOUS (FURNISH & INSTAll) On-site Earthwork - Dollars per each I nstalled Bench - Dollars per each ADDENDUM(S) IF APPLICABLE BID BOND VENDOR VENDOR VENDOR Simmons Builders Eagleton Texas General Environmental Contractors, Inc. Construction Mgmt. S.A., Inc. Flower Mound, TX Azle, TX Justin, TX $6.00 $34.58 $7.26 $3.00 $2.20 $3.52 $36. OO/C. Y. $5.50/C.Y $1,039.00 $600.00 $825.00 $259.88 YES NO YES YES YES YES ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AND OTHER RENOVATIONS AT AVONDALE AND CIVIC CENTER PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3493-A VONDALE AND CIVIC CENTER PARK PLAYGROUND RENOVATIONS AWARDED TO TEXAS ENVIRONMENTAL MANAGEMENT S.A., INC. IN THE AMOUNT OF $41,624.41 ). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3493 Texas Environmental Management S.A., Inc. $41,624.41 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. 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 BY: 3-0RD-Bid 3493 AGENDA INFORMATION SHEET AGENDA DATE: May 16,2005 CM: Utilities Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance authorizing the partial abandonment of a 0.0275 acre public utility easement tract recorded in Volume 1018, Page 867 of the Real Property Records of Denton County, Texas situated in the S. Brewster Survey, Abstract No. 56. The Public Utilities Board recommends approval (6-0.) BACKGROUND SFT Industrial, L.P. is the owner of an approximate 25.354 acre tract of land, slated for the construction of warehouses known as Granite Point, illustrated in the attached Location Map. The development project application was administered through the Development Review process and their final plat was approved in October 2005 and filed of record in January 2006. As part of the development process, the Applicant dedicated alternative public utility easements that precluded the necessity of the subject public utility easement abandonment tract. The public utility easement tract now proposed for abandonment was originally required to house a sanitary sewer lift station along the 1-35W Service Road. During the Development Review process for Granite Point, an alternative gravity sanitary sewer system was approved by City staff with the understanding that the developer would petition for formal abandonment of the subject public utility easement. Staff performs an analysis on request for easement abandonments as follows: · Is the easement tract requested for abandonment considered "excess easement"? · Does the easement tract requested for abandonment have a continued public use? · Is it in the best interest of the general public to abandon the government's rights in the subj ect abandonment tract? · Would the granting of this request establish a precedent for easement abandonment for future requests? Staff findings on this analysis are as follows: 1. The partial easement abandonment tract requested fits the criteria of "excess easement." Excess easement is defined as: Property acquired or used by the City for easement subsequently declared excess (not needed for the Project, the continuation of operation and maintenance of public facilities, and/or no foreseeable utility application in the future ). 2. An alternative public utility easement solution has been devised that will satisfy the needs of the City of Denton and the Developer. The Developer has conveyed, by plat, an approximate 0.76 acre public utility easement to the City of Denton, for the express purpose of accommodation of the proposed sanitary sewer system therein, which eliminates the need for the abandoned easement. 3. The easement abandonment is in the public interest because the areas for the subject abandonment will no longer be needed by the public when alternative sanitary sewer facilities are installed; 4. This abandonment would not set precedent because the above three standards have been met. OPTIONS 1. Recommend that the City Council approve the Ordinance. 2. Not recommend that the City Council approve the Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE Developer is currently mobilized and ready to proceed with the project. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) DRC Recommended Approval- October 2005 Public Utilities Board Review- May 8th, 2006 FISCAL INFORMATION Not applicable BID INFORMATION Not applicable EXHIBITS 1. Location Map 2. Site Map 3. Ordinance 4. PUB Minutes Respectfully submitted, ~~ . . . . .. . . . .. . . . .. ... . . .. . ...... . . .. . . . ... . . .. . . ... .. . .. . . ... ... .. . .: .. .. . . . .. .... . ::.. .. .. .... . . :...... . Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: ~~.B~N€ Doreen E. Blackstone I' ;!H1 II! u 511. !~: it 0 .11 . j 1~I!ni ~ II;'I! 811=1 I t~ E::i~O ~~o;~. .~.~.l ~a:~.~~~ ~~~i~~ agQ;e ~ S :\OUT Documents\Ordinances\06\Gtani te Point Utility Easement Abandonment Ordinance.DOC ORDINANCE NO~ AN ORDINANCE AUTHORIZING THE PARTIAL ABANDONMENT OF A 090275 ACRE PUBLIC UTILITY EASEMENT TRACT RECORDED IN VOLUME 1018, PAGE 867 OF THE REAL PROPERTY RECORDS OF "DENTON COUNTY, TEXAS SITUATED IN THE S. BREWSTER SURVEY, ABSTRACT NO. 56; AND PROVIDING AN EFFECTIVE DATE~ WHEREAS, the City of Denton has received a request from the underlying fee simple owner, 8FT Industrial, L~P., for the partial abandonment of a 0.0275 acre public utility easement tract being particularly described and depicted in Exhibits "A" and "B" attached hereto and made a part hereofby reference (the "Abandonment Area"); and, WHEREAS, the 8FT Industrial, L.P., has conveyed, by plat, an approximate O~74 acre public utility easement, to the City of Denton, for the express purpose of accommodation for the public utility facilities therein; and, WHEREAS, staff has reviewed the requested abandonment of the Abandoned Area and has recommended approval; and, WHEREAS, the City Council of the City of Denton, Texas hereby finds and determines that the Abandonment Area is not needed for public utility purposes and it is in the public interest to abandon the Abandonment Area" and the City's public utility easement interests therein to the underlying fee owner, SFT Industrial, L..P. ("Owner"); and, WHEREAS, notwithstanding any of the above, the City of Denton hereby retains all easement rights in all other easement tracts, whether conveyed by other instrument(s) or by plat(s), in which the easement tracts described for abandonment herein cross and or overlap; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Abandonment Area is hereby permanently vacated, abandoned, and extinguished as provided herein. The City of Denton retains all rights within the remainder portion of the O~47 acre public utility easement recorded in Volume 1018, Page 867 of the Real Property Records of Denton County, Texas~ SECTION 3. This ordinance shall become effective immediately upon its passage and approva19 Exhibit 3 PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYD , CI ATTORNEY BY: Page 2 day of EULINE BROCK, MAYOR , 2006~ PUBLIC UTILITY EASEMENT ABANDONMENT No.1 . LEGAL DESCRIPTION EXHIBIT "A" BEING 1 ,200 square feet of land located in the O.S~ BREWSTER SURVEY, Abstract No. 56, Denton County, Texas, being a portion of a tract of land described in a Deed to 8FT Industrial, L~P.. recorded in County Clerk's No. 2005- 68551 of the Deed Records of Denton County. Texas, and being more. particularly described by metes and bounds as follows: BEGINNING at a point lying N 11049'41"E, 136.13 feet from the most Easterty Southeast comer of said 8FT tract; THENCE N 69043'26'W, 30.00 feet to a point; THENCE N 20016134"E, 40.00 feet to a point; THENCE S 69043'26"E, 3O~OO feet to a point; THENCE S 20016'34'W, 40.00 feet to the PLACE of BEGINNING containing 1 ,200 square feet of land. Page of 1 W&A No. 02119 August 22, 2005 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 May 8, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair called the meeting to order at 9:01 a.m. Monday, May 8, 2006 in the Service 7 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 8 9 Present: Chair Newell, George Hopkins, Bill Cheek, John Baines, Phil Gallivan and Bob 10 Bland (arrived at 9:07 a.m.) 11 12 Absent: Dick Smith, excused 13 14 Ex Officio Member: 15 Howard Martin, Interim City Manager 16 17 CONSENT AGENDA: 18 The Public Utilities Board has received background information, staff's recommendations, and 19 has had an opportunity to raise questions regarding these items prior to consideration. 20 21 1) Consider recommending adoption of an ordinance of the City of Denton approving a License 22 Agreement between the Texas Municipal Power Agency ("TMPA"), and the City of Denton 23 relating to the encroachment of city utilities, a portion of right-of-way and a storm drain 24 across an existing TMP A Easement as part of the Wheeler Ridge Phase 4 improvements, 25 located in the B. Merchant Survey, Abstract No. 900, City of Denton, Denton County, Texas; 26 and being a portion of a certain called 253.926 acre tract of land described in the deed to 27 Centex Homes, a Nevada general partnership, recorded in Volume 5105 Page 3753 of the 28 Deed Records of Denton County, Texas 29 30 2) Consider recommending adoption of an ordinance of the City of Denton approving a License 31 Agreement between TXU Electric Delivery Company ("TXU"), and the City of Denton 32 relating to the encroachment of public utilities, a portion of street right-of-way and storm 33 drain facilities across an existing TXU Easement as part of the Wheeler Ridge Phase 4 34 improvements, located in the B. Merchant Survey, Abstract Number 900, City of Denton, 35 Denton County, Texas. 36 37 3) Consider recommending approval of an ordinance authorizing the partial abandonment of a 38 0.0275 acre public utility easement tract recorded in Volume 1018, Page 867 of the Real 39 Property Records of Denton County, Texas situated in the S. Brewster Survey, Abstract No. 40 56. 41 Board Member George Hopkins moved to approve Item 1 through 3 with a second from 42 Board Member Bob Bland. The motion was approved by a vote of 6-0. 43 Exhibit 4 AGENDA INFORMATION SHEET AGENDA DATE: May 16,2006 DEPARTMENT: Police ACM: Jon Fortune If SUBJECT: Consider adoption of an Ordinance of the City of Denton, Texas amending the provisions of Chapter 23 relating to Police by replacing Article IV titled Police- Initiated Towing Services in its entirety with a new Article IV; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. PROBLEM STATEMENT: City Council members have raised the question concerning impounding vehicles for failure to maintain financial responsibility. Research indicates that impounding vehicles for lack of insurance would greatly increase the volume of vehicles stored in the City of Denton vehicle pound. The current police vehicle pound, located within the City Service Center at 804 Texas Street, lacks sufficient space, effective security, and creates environmental problems. BACKGROUND: The police vehicle pound has been located at its current location since 1980. The earliest annual statistics available are for 1993 when the Department impounded 700 vehicles. Impounds have increased through subsequent years (Figure 1). Towing for lack of insurance will only exacerbate the existing problems. Year Impounds 2002 1402 2003 1469 2004 1339 2005 1669 Figure 1 PRIOR ACTION/REVIEW: This was discussed at the April 4, 2006, Council Work Session and Council directed staff to proceed with outsourcing. RECOMMENDATION: In order to facilitate the towing vehicles for lack of insurance, staff recommends privatizing the storage function of non-consent police towing. Staff has discovered this is a common practice among area metroplex cities. Staff has written and submits the attached ordinance for council consideration. The major changes to our current procedure include: . Towing companies would provide towing and storage at their facility. . Wrecker companies retain all proceeds and unclaimed vehicles from police initiated towing and/or storage . The towing fees on police initiated impounds will be set by the City Council. . The ordinance would require that unclaimed vehicles be disposed of consistent with applicable regulations and laws. There would be no more city-sponsored auctions. . Response time to Police Department requests for wreckers will be less than 30 minutes. . Response time for Heavy Duty wreckers will be less than one hour. . Wrecker companies must maintain records for three years including vehicle information, list of inventory, and a record of to whom the vehicle was released (as required by the Texas Transportation Code). . One towing company per Vehicle Storage Facility. . Vehicle Storage Facility must have capacity to hold every vehicle that the police request to be towed. . Minimum one roll back/car carrier per company. Each towing company will maintain one motor vehicle capable of lifting another vehicle upon itself for the purpose of transporting a motor vehicle that cannot be safely transported by a wrecker. . One phone number per company that is answered 24 hours a day. . Must be available to release vehicles per TX DOT regulations. . Must have proof of insurance before any vehicle can be released. . Any person found guilty of violating this ordinance shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. . The Police Department will maintain a smaller impound lot for evidentiary holds, bicycles, and other items too large for the property & evidence room. ESTIMATED SCHEDULE OF PROJECT: May June July Aug 16 Impound ordinance to council Policy development/ordinance effective Begin outsourcing Auction of remaining vehicles and clearance of existing auto pound. Respectfully submitted, ~;~T Charles Wiley Chief of Police P.reP':lred by: .,~ _~'t1.:" Paul Abbott, Captain Support Bureau Loyd Burns, Lieutenant Support Bureau S:\Our Documents\Ordinances\06\Towing Ordinance3.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 23 RELATING TO POLICE BY REPLACING ARTICLE IV TITLED POLICE-INITIATED TOWING SERVICES IN ITS ENTIRETY WITH A NEW ARTICLE IV; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 23 "Police" of the Code of Ordinances of Denton, Texas is hereby amended by replacing Article IV of Chapter 23 titled "Police-Initiated Towing Services" in its entirety. SECTION 2. Article IV of Chapter 23 "Police-Initiated Towing Services" of the Code of Ordinances of Denton, Texas is hereby amended to read as follows: Chapter 23 ARTICLE IV. POLICE-INITIATED TOWING SERVICES. DIVISION 1. GENERALLY Sec. 23-81. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanIng: Accident means any occurrence which renders a vehicle wrecked or disabled, as defined in this section. Annual permit means permission granted by the City to a person to have their tow truck(s) placed on the police-initiated tow list for a period of one year, renewable under the provisions of this article. Conviction means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. Department means the department designated by the City Manager to enforce and administer this artic Ie. Director means the Chief of Police or his designee assigned by the City Manager to enforce and administer this article and includes representatives, agents, or department employees designated by the director. S:\Our Documents\Ordinances\06\Towing Ordinance3.doc Disabled means the status of any vehicle which had been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including, but not limited to mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a wrecker. Driver means an individual who drives or operates a vehicle. Emergency lights means alternately flashing blue and/or yellow lights that emit a light visible at a distance of 500 feet in normal sunlight and are mounted as high and as widely spaced laterally as practicable. Heavy-duty tow truck means any motor vehicle designed and used primarily for removing wrecked or disabled vehicles in excess of 26,000 pounds gross vehicle weight (OVW) upon any street. Hook-up means the application and first connection of the tow service truck to the towed vehicle. Legal resident means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. Licensed vehicle storage facility means a facility licensed by the State of Texas for the storage of vehicles under the Vehicle Storage Facility Act, as amended (Texas Occupations Code, chapter 2303). Operate means to drive or to be in control of a tow truck. Operator means the driver of a tow truck; the owner of a tow truck; or the holder of a tow truck permit . Owner means the person to whom state license plates for a vehicle were issued. Person means an individual, corporation, government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. Police rotation list - see section 23-82. Tilt bed/roll back car carrier means a motor vehicle designed and equipped as to be capable of lifting another vehicle upon itself for the purpose of transporting a motor vehicle that cannot be safely transported by a wrecker. Tow service means a person engaged in the business of a wrecker or towing service whereby vehicles are towed or otherwise removed at the direction of officers of the City Police Department by the use of a wrecker or motor vehicle designed for that purpose. Tow truck means any motor vehicle designed and used primarily for removing wrecked or disabled vehicles upon any street. Page 2 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks. Vehicle storage facility means the site to which a permit holder tows and stores vehicles, which meets the requirements as required by Texas Department of Transportation. Sec. 23-82. Police rotation list and administrative authority established. The director is hereby authorized to establish a rotation list of tow services desiring to provide towing services upon request by the Police Department. The tow services which desire to be placed upon and remain on a rotation list shall comply with the requirements of this article, rules and regulations of the director, provisions of the annual permit, regulations of the Texas Department of Transportation, and other applicable law. The director is hereby authorized to establish rules and regulations to implement the provisions of this article. Sec. 23-83. Exclusions. Except for Texas Transportation Code sections 643.205(a) and (b), this article shall not apply to wrecker services which are not listed on the police rotation list. Sec. 23-84. Duties and responsibilities of services. (a) Tow services shall maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner and proper equipment to tow vehicles in such a manner as to minimize any damage to towed vehicles, as well as appropriate equipment to properly remove any glass or other injurious substance off the roadway resulting from the vehicle being towed or the accident in which the vehicle was involved. Towing equipment will include a minimum of one tilt bed/roll back car carrier. All equipment, including the tilt bed/roll back car carrier, shall be equipment originally designed for towing or transporting vehicles and shall be in good working order. Additionally, this equipment shall be available for inspection upon request of any Police Department employee. Failure to allow inspection or have the proper working equipment shall result in an immediate suspension of the permit for 30 days or until compliance is shown whichever is later. (b) The tow service will provide on-call service for the Police Department 24 hours a day, seven days a week, including holidays. (c) The tow service will arrive at the location of the vehicle to be towed within 30 minutes after receiving a request for towing. Heavy-duty tow trucks will arrive at the location of the vehicle to be towed within one hour. (d) The tow service will tow the vehicle from the scene within a reasonable time. (e) The person operating any tow service shall make every reasonable effort to minimize damage to towed vehicles. Where appropriate, such reasonable effort shall include, but is not limited to the following: Page 3 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc (1) use of a dolly or carriage for towing; (2) disconnection of the drive shaft; (3) release of brakes; and (4) towing at a reasonable speed. (f) Any tow service operating under this article must keep and maintain for three years from the date of towing the following records: (1) make and model of the vehicle; (2) license number of the vehicle; (3) date of the tow; (4) location of hook-up; (5) itemized list of fees; and (6) disposition of vehicle and name and address of the person who receives the vehicle, if not claimed by owner or lien holder. (g) The tow service shall transport the vehicle to and store the vehicle in a Texas Department of Transportation licensed vehicle storage facility located within the city of Denton. The vehicle storage facility must comply with applicable statutes, ordinances and regulations, and must have a capacity to hold every vehicle requested to be towed by the Police Department. If the tow service has to be removed from the police rotation list more than three times during a twelve month period, the tow service will be removed from the police rotation list until capacity is increased. The facility must be completely enclosed with adequate fencing, locks and other security devices as necessary to maintain security of stored vehicles. (h) The operator of any tow truck responding to a police-initiated tow will not be under the influence of, or consume an alcoholic beverage, drug, or other substance that could adversely affect the driver's ability to drive a motor vehicle. (i) The operator of a tow service will provide to the director, one phone number which will be monitored by the tow service 24 hours a day, seven days a week. G) The operator will be responsible for the disposal of unclaimed vehicles and will comply with the Vehicle Storage Facility Act, chapter 2303 of the Texas Occupations Code, the Texas Department of Transportation's Motor Carrier Division regulations, any other statutes that affect the title transfer of a stored vehicle, and any other applicable City ordinances or state and federal laws. Page 4 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc (k) Before releasing any vehicle, the operator of a tow service shall verify proof of financial responsibility for any vehicle driven from the tow service. Sec. 23-85. Selection of service. In all police-initiated towing of vehicles, the police department employee ordering the tow shall request that the towing service be performed by the tow service then first on the rotation list maintained in the police communications center. The police department employee may allow the driver or owner of a vehicle, which is disabled, including vehicles involved in an accident, to request a tow service other than the next wrecker on the rotation list or a tow service not on the police rotation list. The driver or owner's choice of tow service must respond within the same time constraints as tow trucks on the police rotation list. When emergency circumstances exist which require the immediate removal of a vehicle from the roadway, the police department employee may request towing service from the tow service nearest to the scene of the emergency. A police department employee may also request towing service from any company operating large cranes or other heavy equipment if such equipment is necessary to remove traffic obstructions involving large trucks or heavy equipment. Sec. 23-86. Prohibited acts. (a) It shall be unlawful for any tow service to arrive at the scene of a police investigation as a result of monitoring or intercepting police calls by radio or other device. (b) It shall be unlawful for any towed vehicle to be dismantled, have parts removed or tires deflated, except as necessary for towing. (c) It shall be unlawful for any tow service to fail to verify financial responsibility for any vehicle released from the tow service and driven from the tow service. Verification shall include obtaining a photocopy of the insurance policy and a photocopy of the driver's license of the person to whom the vehicle is being released. Sec. 23-87. Fees charged; bills. The towing-related fees shall be established by the City Council and on file in the office of the City Secretary. Sec. 23-88. Qualification for police-initiated towing permit. (a) To qualify for a towing permit, an applicant, including operators, must: (1) be at least 19 years of age; (2) be currently authorized to work full-time in the United States; (3) hold a valid driver's license issued by the State of Texas; Page 5 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc (4) be able to communicate in the English language; (5) Not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a tow truck, or that is likely to otherwise endanger the public health or safety; (6) Not have been convicted of more than four moving traffic violations arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault, within any 12 month period during the preceding 36 months; (7) Not have been convicted or placed on probation or deferred adjudication for a crime: a. Involving: 1. Criminal homicide as described In Texas Penal Code chapter 19; 2. Kidnapping as described in Texas Penal Code chapter 20; 3. A sexual offense as described in Texas Penal Code chapter 21; 4. An assaultive offense as described in Texas Penal Code chapter 22, other than a Class C misdemeanor; 5. Robbery as described in Texas Penal Code chapter 29; 6. Burglary as described in Texas Penal Code chapter 30; 7. Theft as described in Texas Penal Code chapter 31, but only if the violation is punishable as a felony; 8. Fraud as described in Texas Penal Code chapter 32; 9. Tampering with a governmental record as described In Texas Penal Code chapter 37; 10. Public indecency (prostitution or obscenity) as described in Texas Penal Code chapter 43; 11. The transfer, carrying, or possession of a weapon in violation of Texas Penal Code chapter 46, but only if the violation is punishable as a felony; Page 6 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc 12. A violation of Texas Health and Safety Code chapter 483 "Dangerous Drugs," that is punishable as a felony; 13. A violation of Texas Health and Safety Code chapter 481 "Controlled Substances Act," that is punishable as a felony; 14. Criminal attempt to commit any of the offenses listed in subsection (7)( a) 1 through 13 of this subsection; 15. Driving while intoxicated described in Texas Penal Code chapter 49; 16. Driving while intoxicated with child passenger as described in Texas Penal Code chapter 49; 17. Intoxication assault as described In Texas Penal Code chapter 49; or 18. Intoxication manslaughter as described In Texas Penal Code chapter 49. b. For which: 1. If the applicant was convicted for a misdemeanor offense, other than a class C misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date; 2. If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adjudication; 3. If the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date; 4. If the applicant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed since the date of successful completion of probation or deferred adjudication; 5. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24 month Page 7 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; 6. Less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any 24 month period, the applicant has been placed on probation or deferred adjudication two or more times for any misdemeanor offense or combination of misdemeanor offenses; 7. Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (a) within the preceding 12 months; or (b) more than one time within the preceding 10 years; 8. Not be addicted to the use of alcohol or narcotics; and 9. Be subject to no outstanding warrants of arrest. (b) An applicant who has been sentenced for an offense listed in subsection (a)(7), for which the required time period provided by this ordinance has elapsed, may qualify for a towing permit only if the director determines that the applicant is presently fit to engage in the occupation of a tow truck operator. In determining present fitness under this section, the director shall consider the following: (1) The extent and nature of the applicant's past criminal activity; (2) The age of the applicant at the time of the commission of the crime; (3) The amount of time that has elapsed since the applicant's last criminal activity; (4) The conduct and work activity of the applicant prior to and following the criminal activity; (5) Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and (6) Other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant. (c) It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under this ordinance. Page 8 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc Sees. 23-89--23-95. Reserved. DIVISION 2. PERMIT Sec. 23-96. Annual permit required. (a) No tow service shall engage in the business of towing vehicles at the direction of a City police department employee without first obtaining a police rotation list privilege permit from the City. The annual permit fee shall be established by the City Council and on file in the office of the City Secretary. (b) Before an annual permit is granted, the application for the annual permit must be approved by the director. The granting of an annual permit is in the discretion of the director, but will not be granted unless: (1) The proposed towing service is required by the public convenience and necessity; and (2) The applicant qualifies for operating authority under sections 23-97 and 23-88 of this article and is otherwise fit, willing, and able to operate the towing service in accordance with the requirements of this article, rules and regulations of the director, provisions of the annual permit, and other applicable law. (c) No permit shall be transferred or assigned from any person to another. When any change of ownership or change of controlling interest occurs, the prior permit shall be null and void. Sec. 23-97. Application. (a) To obtain an annual permit, a person shall make application to the director in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed towing service. An application for a police rotation list privilege permit required in this division shall be notarized and shall be made on forms prepared and made available by the Police Department. An applicant shall file with the director a written, verified application statement, to be accompanied by a nonrefundable application fee of $150.00, containing the following: (1) The name, home address and business address of each owner, part owner or partner, silent or active; (2) The business address, telephone number, and the location and telephone number of any storage area; (3) A description of the size and capacity of all tow trucks used by the tow serVIce. Page 9 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc (4) A copy of a certificate of garage liability or automobile liability insurance covering the tow service owner and his employees for liability for death, bodily injury or property damage to third parties in the amount of not less than $300,000 for anyone person, $500,000 for one occurrence, and $100,000 for property damage; (5) A copy of a certificate of garage keeper's liability insurance covering the tow service and naming the City of Denton as an additional insured for liability and for property damage to any vehicle, or contents thereof, in its care, custody and control as a result of providing towing and/or storage services in an amount of not less than $100,000; (6) Documentary evidence of payment of ad valorem taxes on the property to be used in connection with the operation of the vehicle storage facility; (7) The applicant must own or have exclusive use of a vehicle storage facility. See section 23-84(g); (8) The application shall be signed by each owner, part owner, or partner, active, or silent; and (9) Such additional information as the director considers necessary to assist or promote the implementation or enforcement of this article or the protection of the public safety. (b) A permit holder shall notify the director in writing of any change of address or change in ownership or management of the towing service not less than ten (10) days prior to the change. Sec. 23-98. Insurance required. The insurance enumerated in section 23-97 shall be required for all tow services, and must be kept in effect during the period for which the permit is issued. Insurance required by this ordinance must include: (a) A cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before canceling or making a material change to the insurance policy; (b) A provision to cover all vehicles, whether owned or not owned by the holder, operated under the holder's operating authority; and (c) A provision requiring the insurance company to pay every claim on a first dollar bas is. Page100f15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc A permit will not be granted or renewed unless the applicant or holder furnishes the director with such proof of insurance as the director considers necessary to determine whether the applicant or holder is adequately insured under this section. Sec. 23-99. Investigation by chief of police. Upon receipt of an application for an annual permit the director shall conduct an investigation and make findings of fact concerning public convenience and necessity and other relevant factors, including, but not limited to: (a) All applicants, owners, and partners meet the mInImum qualifications for a police- initiated towing permit; (b) The tow service will use only tow trucks equipped with adequate emergency lights in compliance with all city, state and federal laws; (c) The requirements of all governing laws and ordinances will be met; and (d) The applicant operates, or has available by contract, a licensed vehicle storage facility located within the city of Denton available exclusively for the storage of vehicles towed by the applicant. Sec. 23-100. Issuance. The Police Department shall issue a permit required under this division and add a tow service to the rotation list when: (a) The police investigation confirms the requirements of sections 23-88 and 23-97 have been met; (b) The insurance policies as required by this division have been produced; and ( c ) The permit fee has been paid. Sec. 23-101. Term; renewals. Renewal applications shall be on a form furnished by the Police Department. Each permit shall expire at 12:00 midnight on September 30 of each year, and will be renewable only upon compliance with this article and any other applicable laws, ordinances, and regulations in effect at the time of the renewal application. Any person seeking a renewal of a permit for the next fiscal year may apply for renewal between August 15 and September 15. Renewed permits shall become effective October 1 of each year. (a) An annual permit will be denied if: (1) The holder is not in compliance with the permit or applicable provisions of this Code, department regulations, or other law; or Page 11 of15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc (2) The holder does not qualify for operating authority under section 23-88 of this article, or is otherwise not fit, willing, or able to continue to operate the tow service in accordance with the permit and applicable provisions of this Code, department regulations, and other law; or (3) Public convenience and necessity do not require the continued operation of the tow service. (b) Minor changes may be made in a permit by the director. (c) If the director determines that a denial of a permit renewal or material change in the terms or conditions of the permit is required by public convenience and necessity, then he may deny renewal of the permit or make changes in the terms or conditions of the permit. A holder may request a change in the terms or conditions of his permit and the director may grant the change if the change is required by public convenience and necessity. (d) If the permit expires at no fault of the holder before a ruling on the approval or denial of the renewal, the holder may continue to operate the tow service pending a final decision. The holder shall cease operation of the tow service immediately upon denial of the request for renewal by the director. (e) A holder may file an appeal of the director's decision not to renew a permit in accordance with section 23 -103 of this article. Sec. 23-102 Revocation; suspension. (a) If the director determines that a tow service has failed to comply with this article or a regulation established under this article, the director may suspend the tow service. (b) If at any time the director determines that a licensee is not qualified under section 23-88 of this article, or is under indictment or has charges pending for any offense involving driving while intoxicated or any offense involving a crime described in section 23-88 of this article, or criminal attempt to commit any of those offenses, the director shall suspend the tow service permit until such time as the director determines that the licensee is qualified or that the charges against the licensee have been finally adjudicated. (c) A licensee whose tow service permit is suspended shall not drive a tow truck for any police-initiated tows. (d) The director shall notify the licensee and the holder in writing of a suspension under this section and include in the notice the reason for the suspension, the date the director orders the suspension to begin, the duration of suspension, and a statement informing the licensee of a right of appeal. The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. Page 12 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc (e) The director may revoke a tow service permit if the director determines that the licensee: (1) Operated a tow truck on a police-initiated tow during a period in which the tow service permit was suspended; (2) Made a false statement of a material fact In an application for a tow service permit; (3) Engaged in conduct that constitutes a ground for suspension under subsection (a), and received either a suspension in excess of three days or a conviction for violation of this article, two times within the 12 month period preceding the occurrence of the conduct or three times within the 24 month period preceding the occurrence of the conduct; (4) Engaged in conduct that could reasonably be determined to be detrimental to the public safety; or ( 5) Was convicted of any felony offense while holding a tow service permit. Cancellation of insurance without replacement shall result in the immediate suspension of any permit issued under this division and removal from the list of tow services until such time that insurance coverage is re-established. Disciplinary action may be taken for repeated lapses in insurance coverage. (f) A person whose tow service permit is revoked shall not: (1) Apply for another tow service permit before the expiration of 24 months from the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (2) Drive a tow truck on a police-initiated tow. (g) After receipt of notice of suspension, revocation, or denial of license renewal, the licensee shall, on the date specified in the notice, discontinue operating a tow truck on police- initiated tows. (h) Notwithstanding subsections (c) and (h), if the licensee appeals the suspension or revocation under this section, the licensee may continue to drive a tow truck on police- initiated tows pending the appeal unless: (1) The tow service permit of the licensee is suspended pursuant to subsection (b) or revoked pursuant to subsection (e)( 6) of this section; or (2) The director determines that continued operation by the licensee would impose an immediate threat to public safety. Page 13 of15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc (i) After suspension of a permit, a holder may file an appeal in accordance with section 23-103 of this article. The director shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the director shall submit his recommendation together with supporting facts to the City Manager or his designee. 23-103 Appeal. (a) A person may appeal the following decisions of the director if he requests an appeal in writing and delivers it to the City Manager not more than 10 business days after receiving notice of the director's action: (1) A suspension or revocation of a permit; (2) A denial of renewal of annual permit; or (3) Denial of a tow service permit application. (b) The City Manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument on his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing. (c) The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the prOVISIons, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed $500 per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 6. This ordinance providing for a penalty shall become effective 14 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. Page 140f15 S:\Our Documents\Ordinances\06\Towing Ordinance3.doc PASSED AND APPROVED this the _ day of ATTESTED: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~~,....,,~~,.., ,"'.- ~.::' ,;: BY: ~~ -:-. j( r;-' ,~ "). Page 15 of 15 , 2006. EULINE BROCK, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEP ARTMENT: Tax . ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 2. Pulte Homes of Texas Duplicate Payment 2005 $1,476.30 6. Countrywide/Fritsch, Hilton Duplicate Payment 2004 $ 539.43 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 $8,012.70. Respectfully submitted: ~~ A;" a. l ~ "! ..... 'I I -. ~ _ I _ . I .. r..-= I ':'" - .Jio.:'I'.... !:::..: Diana G. Ortiz Chief Financial Officer AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Utilities - Engineering Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by adding Section 18- 73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356, upon the following roadways or parts thereof, within the incorporated limits of the City of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date. The Traffic Safety Commission recommends approval (6-0.) BACKGROUND The Texas Department of Transportation (TxDOT) periodically performs speed limit studies on all of its highways, including those in the City of Denton. Because it had been several years since the last speed survey within the City, in the mid 1990's TxDOT resurveyed all of the TxDOT roadways in the City and provided City staff with updated speed zone recommendations for consideration and approval. The City staff and TxDOT did not always agree about the proposed speed limits on various portions of roadways. In 2001, because of the prolonged negotiations with City staff without resolution, TxDOT considered having the Texas Transportation Commission pass a Minute Order as the means to establish the speed limits without City involvement. Because of the possibility of a Minute Order by the Texas Transportation Commission (approving what City staff believed were unacceptable speed limits), the City renewed its effort to reestablish a relationship with TxDOT. Over the last four years TxDOT, at the request of City staff, resurveyed a number of locations that resulted in TxDOT recommending lower speeds than those originally proposed for various portions of highways. As TXDOT and the City came to agreement on different roads, these speed limits were provided for consideration to the Traffic Safety Commission for its advisory recommendations to Council. The proposed ordinance will adopt speed limits on Teasley Lane/FM2181, a state highway in the City of Denton. The State's Transportation Commission can establish a Minute Order (a state law) that would invalidate any City ordinance of a speed limit posting that is contrary to those proposed by TxDOT. The State can remove the City's posting and install signs reflecting the Minute Order. Speed zones are typically established based on engineering investigations. The primary criterion used in establishing a speed limit is the eighty-fifth percentile (85%) speed. Performing a speed study and calculating the speed at which the 85th% vehicle is traveling establish this. The 85% speed is the speed at which a prudent driver, given the type of street, will drive that street under normal driving conditions. The courts have determined that the 85% is the primary criteria by which a reasonable speed limit should be established. The speed limit is usually rounded to the 5MPH increment that is just higher or lower than the 85% (unless the 85% calculated is at a 5MPH increment). The State of Texas also considers factors listed below as the means of establishing a speed limit up to 10MPH (12MPH for locations with a crash rate higher than the statewide average) lower than the 85%. . Roadway pavement width of 20ft or less, . Horizontal and vertical curves, . Hidden driveways and other roadside developments, . High driveway density, . A high crash history, . Substantial pedestrian activity, . Rural residential or development area and . Lack of striped, improved shoulders. Speed limit studies are typically done when there are moderate volumes that are under generally free-flow conditions. As such, speed limit studies typically do not include industrial plant let-out times, school hour drop-off/pick-up times or other such short-term, potentially congested times. Speeds are generally lower during and because of the congestion and therefore do not reflect the less restricted conditions the driver is under during most of the day. On June 21,2005, the City of Denton's City Council passed a speed limits ordinance for the following roadways: . FM 426/McKinney Avenue . FM 428/Sherman Drive . FM 11 73 . FM 2164/N. Locust . IH-35E Frontage Road Northbound . IH-35E Frontage Road Southbound . IH-35 Frontage Road Northbound . IH-35 Frontage Road Southbound . Loop 288 . US 77/Dallas Drive . US 77/Eagle Drive . US 77/Elm Street . US 77/Locust Street . US 377/Ft. Worth Drive. Previously, on April 6th 2004, City Council passed ordinance 2004-103 for FM2181/Teasley Lane speeds. This was done in advance of the other highways at the request of the police and as a result of public concern about the speed limit on the southern portion of FM2181 IT easley Lane. A part of this ordinance contained the section of FM2181 IT easley Lane in front of Sam Houston Elementary School. The ordinance proposed this section to be 45MPH (which was already the posted speed and confirmed by the most recent TxDOT speed survey). TxDOT does not allow school zones on a TxDOT highway to be reduced by more than 15MPH from the posted speed limit when the posted speed limit is 50MPH or less. As a result of the passage of the FM2181/Teasley Lane speed limit ordinance TxDOT changed the speed limit signs for Sam Houston Elementary School from 25MPH to 30MPH. City staff was not informed by TxDOT of this change until the signs were being replaced. As a result, staff immediately started working with TxDOT to resurvey this area during the summer of 2004. TxDOT indicated that they had no record of why, if the current posted speed limit was 45MPH, that the school speed zone was posted at 25MPH (and therefore did not conform to their maximum 15MPH school zone reduction standards). But, as their standards indicated a maximum of 15MPH differential, they raised the school zone speed limit to conform. As a result of the resurveys, TxDOT agreed to lower the speed limit from 500 feet west of Pennsylvania Drive to Lillian Miller Parkway to 40MPH so that the speed limit could continue to be 25MPH in front of Sam Houston Elementary School. TxDOT also resurvey the area to the north (Savannah Trail to 500 feet west of Pennsylvania Drive) and the new survey showed that speed limit should remain at the currently posted 45MPH. At the City Council January 5, 2005 workshop, staff was asked to work with TxDOT to get a number of portions of different roadways resurveyed, including the portion of Teasley Lane/FM2181 from Savannah Trail to 500 feet west of Pennsylvania Drive. Since TxDOT resurveyed this area less than a year ago, it is unlikely that a new survey will result in any lowering of the speed and could result in a recommendation to raise it. FM2181 /T easley Lane needs to have an ordinance passed as quickly as possible to secure the school speed zone in front of Sam Houston Elementary School, since the currently posted 25MPH school speed limit was installed at the direction of the City's legal staff in anticipation of the speed limits for this street being quickly passed by City Council. This information and staff's recommendation to bring this roadway back for consideration as presented in the January 5, 2005 workshop as quickly as possible was a part of the backup for the ordinance approved on June 21, 2005. Therefore, staff is bringing this item forward for the City Councils approval. On August 24,2005, TxDOT did a pedestrian study at Guyer High School and determined that a 35MPH reduced school speed zone should be installed on Teasley Ln/FM2181 along the school's frontage. The approval of this reduced school speed zone is to be presented to City Council as a separate action. Also, at City Council's direction at the January 5, 2005 workshop, City staff has requested TxDOT to resurvey . FM1515/Airport Road (from Corbin Road to Masch Branch Road/Denton Airport entrance), · FM1839/Country Club Road (all of) and . US380/University Drive (from the westerly city limits to 900 feet west of Cindy Lane) . FM2181/Teasley Lane (from Savannah Trail to 500 feet west of Pennsylvania Drive) of which this section is a potion of this entire roadway that is being considered for action upon now by the City Council. Staff is working with TxDOT on the three roadways still outstanding and intends to bring them before the City Council in the near future. This report and the attached ordinance respond to the requests by City Council. OPTIONS 1. Approve the ordinance 2. Approve the ordinance with conditions 3. Deny approval of the ordinance RECOMMENDATION Staff recommends approval of the ordinance as amended. PRIOR ACTION/REVIEW The Traffic Safety Commission was in a two-year review process in considering the speed limit changes. On April 7, 2003 the Traffic Safety Commission recommended the speed limits to be established on FM2181/Teasley Lane. The vote was unanimous. The vote by the Traffic Safety Commission was with the understanding that staff was continuing to work with TxDOT on the reduction of speed limits (some of which they had reviewed and made recommendations on) and that if there were any further reduction(s), the Commission would agree with them without the need of the item to have to be formally brought back to them. This is the case with the section of Teasley Lane/FM2181 from 500 feet west of Pennsylvania Drive to Lillian Miller Parkway where TxDOT restudied this portion, at the request of City staff (but after the Traffic Safety Commission made its formal recommendation) for which TxDOT determined that the original recommendation of 45MPH could be lowered to 40MPH for that portion of Teasley Lane/FM2181 from 500 feet west of Pennsylvania Drive to Lillian Miller Parkway. The Traffic Safety Commission has since been updated of this change and did not request this item to be formally brought back to them. FISCAL INFORMATION TxDOT will install or replace the necessary signing and posts at its expense. EXHIBITS 1. Map of current and proposed speed limit conditions for FM2181 /T easley Lane, from Dallas Drive/US77 to the southerly City limits 2. Traffic Safety Commission minutes for April 7, 2003 for FM2181/Teasley Lane 3. Ordinance Prepared By: Bernard V okoun Traffic Engineer R~es~e~tfullY~S~~~itted: . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . .. ........ .... . . .. . ... . Jim Coulter Director of Utilities ~ ~ ~~ ~ ~ M ~ ~ -.............. ~ Z -<=> ~ ~ ~ ~ 00 -< ~ ~ .J ( Exhibit 1 Minutes Traffic Safety Commission April 7, 2003 PRESENT: Pat Cheek, Murray Ricks, Connie Baker, Lelia Howell, Harry Phillips, and Co- Chairman Silvia Lesko NOTE: Chairman Barry Walters was present but had to leave before the meeting started due to a family emergency. STAFF: David Salmon, Staff Liaison Bernard V okoun, Traffic Engineer Pat Killebrew, Secretary Co-Chairman Lesko called the meeting to order at 5:30 p.m. ITEM #2: REVIEW AND CONSIDER A REQUEST FROM TXDOT FOR THE POSTED SPEED LIMIT FOR TEASLEY LANE/FM2181. V okoun stated the current speed limits and reported the limits proposed by TxDOT. Staff requested are-review of the proposed limits and TxDOT revised their recommendations. Staff recommends the Commission forward a recommendation to the City Council that for Teasley Lane/FM2181: a) 35 MPH, from Dallas Drive/US77 to Savannah Trail, b) 45 MPHfrom Savannah Trail to Lillian Miller Parkway, and c) 50 MP H from Wind River Lane to the south/easterly City limits. Howell asked if the speed limit to the City limits was 50 or 60 MPH. Vokoun said 50 MPH. Howell asked if there are any plans to put a traffic signal at Hobson Lane and Teasley Lane. V okoun said the underground lines for the signal are being installed now, and the signal should be installed within the next four to six weeks. Cheek made a motion to accept staff's recommendation for Teasley Lane/FM2181. Ricks seconded the motion. The motion passed unanimously. The meeting adjourned at 5:37 p.m. Exhibit 2 s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES BY ADDING SUBSECTION XV TO SECTION 18-73 TO ESTABLISH SPEED ZONES ON FM 2181/TEASLEY LANE; ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF TRANSPORTATION CODE, SECTION 545.356 UPON TEASLEY LANE, WITHIN THE INCORPORATE LIMITS OF THE CITY OF DENTON; PROVIDING A PENALTY NOT TO EXCEED $200.00 UNLESS THE VIOLATION OCCURS IN A WORK ZONE AND THEN THE PENALTY SHALL NOT EXCEED $400.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of Denton, Texas is hereby amended by adding subsection XV to Section 18-73 regulating speed of vehicles on Teasley Lane. Section 18-73 shall now read as follows: Sec. 18-73. Speed limits on certain roads and highways. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Transportation Code, Section 545.356, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: I. FM 426/McKinney Avenue A. 30 mph From Locust Street/US 77 to Mack Drive. B. 45 mph From Mack Drive to Glengary Drive. C. 55 mph From Glengary Drive to the south/easterly city limits. Exhibit 3 s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc II. FM 428/Sherman Drive A. 35 mph B. 45 mph c. 55 mph III. FM 1173 A. 60 mph From Elm Street/US 77 to Monterrey Drive. From Monterrey Drive to Long Road. From Long Road to the north/easterly city limits. From the IH-35 southbound frontage road to the westerly city limits. IV. FM 2164/N. Locust A. 45 mph B. 60 mph From N. Locust Street/US 77 to Loop 288. From Loop 288 to the northerly city limits. V. FM 2181/Teasley Lane A. 35 mph B. 45 mph C. 40 mph D. 50 mph From Dallas Drive/US 77 to Savannah Trail. From Savannah Trail to 500 feet west of Pennsylvania Drive. From 500 feet west of Pennsylvania Drive to Lillian Miller Parkway. From Wind River Lane to the south/easterly city limits. VI. IH-35E Frontage Road Northbound A. 50 mph B. 45 mph From the southerly city limits to Loop 288. From Loop 288 to Oak Street. VII. IH-35E Frontage Road Southbound A. 45 mph B. 50 mph From Oak Street to Lillian Miller Parkway. From Lillian Miller Parkway to the southerly city limits. VIII. IH-35 Frontage Road Northbound A. 50 mph From Oak Street to Elm Street/US 77. Page 2 of5 s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc B. 55 mph From Elm Street/US 77 to the northerly city limits. IX. IH-35 Frontage Road Southbound A. 55 mph B. 50 mph X. Loop 288 A. 35 mph B. 50 mph c. 60 mph XI. US 77/Dallas Drive A. 45 mph B. 35 mph C. 30 mph XII. US 77/Eagle Drive A. 30 mph XIII. US 77/Elm Street A. 55 mph B. 45 mph C. 35 mph D. 30 mph From the northerly city limits to Elm Street/US 77. From Elm Street/US 77 to Oak Street. From IH-35E southbound main lanes to Morse Street. From Morse Street to University Drive/US 380. From University Drive/US 380 to IH-35. From IH-35E southbound main-lanes entrance ramp to Teasley Lane/FM 2181. From Teasley Lane/FM 2181 to Smith Street. From Smith Street to Eagle Drive/US 77 /Bell Avenue. From Dallas Drive/US 77 /Bell Avenue to Elm Street/US 77. From the IH-35N southbound frontage road to Donna Road. From Donna Road to FM 2164. From FM 2164 to Sherman Drive/FM 428. From Sherman Drive/FM 428 to Eagle Drive/US 77. XIV. US 77/Locust Street A. 30 mph B. 35 mph From Eagle Drive/US 77 to Sherman Drive/FM 428. From Sherman Drive/FM 428 to Elm Street. Page 3 of5 s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc xv. US 377/Ft. Worth Drive A. 35 mph From Eagle Drive/US77 to Lindsey Street. B. 45 mph From Lindsey Street to 200 feet south of the T &P Railroad overpass. C. 50 mph From 200 feet south of the T &P Railroad overpass to Country Club Drive/FM 1830. D. 60 mph From Country Club Drive/FM 1830 to the south/westerly city limits. SECTION 2. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00), unless the violation occurs in a work zone and then the penalty shall not exceed Four Hundred Dollars ($400.00). SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that they would have enacted such remaining portions despite any such invalidity. SECTION 4. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 4 of5 s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 5 of5 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Utilities - Engineering Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance amending Chapter 18 of the Code of Ordinances to revise the school safety speed zones and times for various schools; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; providing for publication; and declaring an effective date. BACKGROUND The City Council passed speed limit Ordinance 2005-173 on June 21, 2005 for most of the TxDOT highways within the City, which included McKinney Street/FM426. Since then, City and TxDOT staff has been tying up loose ends, which includes school safety speed zones on these TxDOT highways. In readying the school safety speed zone documentation to send to TxDOT for McKinney Street/FM426, City staff found that although the posted school safety speed zone on McKinney Street/FM426 is 35MPH, the most recent ordinance passed indicated a 20MPH speed. As such, City staff has done some research and found the following chronology. On July 16,1991, Ordinance 91-108 (attachment #1) established a 35MPH school safety speed zone on McKinney Street/FM426, effective 500ft on each side of the main entrance to Ryan High School. On April 18, 1995, the City Council passed Ordinance 95-086 (attachment #2). Previous to this ordinance, each school safety speed zone was an ordinance itself. This ordinance was the end product of City staff, beginning in 1994, to accumulate all of the previous ordinances for all of the school safety speed zones in the City into one ordinance. Unfortunately, this ordinance passed with a heading that made all existing school safety speed zones listed within it to be 20MPH. This included Sam Houston Elementary School, Selwyn School and Ryan High School, all of which are on TxDOT highways. On TxDOT highways and where speeds are below 50MPH, the school safety speed zone cannot be established more than 15MPH below the posted speed limit. On highways with speeds of 55MPH, then the school safety speed zone cannot be more than 20MPH below the posted speed limit (attachment #3). After the passage of Ordinance 95-086, the City staff realized these errors and brought back revisions to this ordinance (Ordinance 96-274) that provided for higher school safety speed zone limits for Sam Houston Elementary School and Selwyn School, but there does not appear to be any correction in this or any following ordinances for Ryan High School. Because of Ordinance 2005-173, the speed limit on McKinney Street/FM426 in front of Ryan High School was reduced from 55MPH to 45MPH thus, allowing the school safety speed zone to be lowered from 35MPH to 30MPH. As such, the City is establishing a 30MPH school safety speed zone in accordance with City Municipal Code 18-2 (attachment #4), which allows a temporary speed zone to be established for 90days with the intent of having the Traffic Safety Commission's recommendation for a permanent 30MPH school safety speed zone presented to City Council prior to the end of the 90days. This recommendation will not only resolve the previous 20MPH error but establish a school safety speed zone that is 5MPH less than what is now posted (from 35MPH to 30MPH). OPTIONS Approve amendment of the Code of Ordinance. Do not approve amendment of The Code of Ordinance. RECOMMENDATION Staff recommends approval of the amendments. PRIOR ACTION/REVIEW On August 29,2005 and October 3,2005, the Traffic Safety Commission voted to recommend approval of amending the Code of Ordinance for the above noted items. FISCAL INFORMATION Costs for installation/removal of the existing signs and/or markings are approximately $6,000.00. EXHIBITS 1. TSC minutes of August 29,2005 (approved) 2. TSC minutes of October 3,2005 (approved) 3. Current Ordinance 2003-343, to be amended 4. New Ordinance Prepared By: Bernard V okoun Traffic Engineer Respectfully submitted: ~..~.. . . . . .... . . . ... . . . .. . . . ~. ... .. . .. ... . -.;; .. . . . .. . . ... . .. . . . . . . .... . . ~... . . .... .. . ....,. . . .. . . .. .. .. . ...... . . . . . Jim Coulter, Director, Utilities MINUTES (applicable) Traffic Safety Commission August 29, 2005 PRESENT: Linda Brown, Lelia Howell, Michael Kozak, Connie Baker, Harry Phillips, Murray Ricks, Charles Guarnaccia, and Tracey Beck STAFF: Bernard Vokoun, Traffic Engineer Lois Scobee, Engineering Assistant ITEM #2 REVIEW AND CONSIDER THE SCHOOL ZONE ON MCKINNEY STREET (FM 426) FOR RYAN HIGH SCHOOL: V okoun said staff recommends that Traffic Safety Commission recommend to City Council a 30 mph school zone be established on McKinney Street (FM 426) for both directions beginning five hundred (500) feet west of where McKinney Street (FM 426) intersects with the center line of Ryan High School's driveway to five hundred twenty-five (525) feet east of where McKinney Street (FM 426) intersects with the centerline of Ryan High School's driveway. MOTION: Kozak made a motion to accept staff s recommendation. SECONDED: Phillips PASSED: Unanimously ITEM #3 REVIEW AND CONSIDER THE SCHOOL ZONE ON BONNIE BRAE FOR LIBERTY CHRISTIAN SCHOOL. V okoun said staff recommends that the school zone, located on Bonnie Brae for Liberty Christian School be removed. Liberty Christian is no longer located at this location, but in Argyle, Texas. UNT bought the property and is converting it into athletic fields. Ricks asked if the zone was still needed since there appears to be sports fields in the area. V okoun said once those are all established another studied would be done to make that determination. MOTION: Ricks made a motion to accept staff s recommendation. SECONDED: Beck seconded the motion. PASSED: Unanimously EXHIBIT 1 MINUTES (applicable) Traffic Safety Commission October 3, 2005 PRESENT: Connie Baker, Tracy Beck, Linda Brown, Harry Phillips, Lelia Howell, Michael Kozak, and Gabriel Daley STAFF: Bernard Vokoun, Traffic Engineer Courtney Beckham, Engineering Intern ITEM #2 REVIEW AND CONSIDER THE SCHOOL ZONE ON TEASLEY LANE (FM 2181) FOR GUYER HIGH SCHOOL (APPROXIMATELY 1100 FEET SOUTH OF THE CENTERLINE OF LEATHERWOOD ROAD) TO TXDOT MILEPOST 1.323 (APPROXIMATELY 1090 FEET NORTH OF THE CENTER LINE OF LEATHERWOOD ROAD) Vokoun explained the history and current situation on Teasley Lane (FM 2181). He said, the paper work has been sent to Austin for final approval. Howell asked for clarification. She asked if the "S" curve in front of Guyer would extend all the way down. V okoun said the parameters would be from the south to the north of the school's property limits. TxDOT typically only protects the school. Daley asked what the current speed limit is in this area. V okoun said 50 mph. Daley asked if there would be signage indicating a school zone will be forthcoming. V okoun said the flasher would be replaced with a 35 mph speed limit sign along with a time signature. Brown asked if you are going west on the curve, where is the flasher? V okoun clarified this by showing the location on a map provided to the Commission. MOTION: Beck made a motion to approve staff's recommendation. SECOND: Daley PASSED: Unanimously EXHIBIT 2 ORDINANCE NO. :<tJfE-.3 43 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES TO EXTEND THE SCHOOL ZONE FOR TOMAS RIVERA ELEMENTARY SCHOOL BY ADDING A PORTION OF WOODROW LANE TO THE STREETS INCLUDED IN THE ZONE; REMOVING THE BUS LOADING ZONE FOR THE FORMER SULLN AN KELLER ELEMENT ARY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200~OO); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECfIVE DATE~ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of Denton, Texas is hereby amended by adding Section 18-210(e) regulating speed for Tomas Rivera Elementary, by removing Section 18-214(4) regarding the school bus loading zone for the former Sullivan Keller Elementary School and by re-numbering Section 18-214 to Section 18-220. The new Article VITI shall read as follows. ARTICLE VIII SCHOOL SAFETY SPEED ZONES Sec. 18-210. Twenty mile-per:'bour zone. That based upon an engineering and transportation department investigation heretofore made, as authorized by the provisions of V.T.C.A., Transportation Code 9 545.357, the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be a prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones. (a) That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school zones described below shall be as follows to-writ: (1) Borman Elementary School. Both directions of Parvin Street begirming fifty (50) feet east of where Parvin Street intersects the center line of McCormick Street to one hundred (100) feet east of where Parvin Street intersects the center line of Mercedes Street. (2) Newton Rayzor Elementary School. Both directions of Malone Street beginning fifty (50) feet north of where Malone Street intersects the center line of Cordell Street to one hundred (100) feet north of where Malone Street intersects the center line of Emery Street. (3) Ginnings Elementary School. Both directions of Stuart Road beginning two hundred fifty (250) feet north of where Stuart Road intersects the center line of Imperial Drive to one hundred seventy-five (175) feet north of where Stuart Road intersects the center line of Sun Valley Street. EXHIBIT 3 Both directions of Sun Valley Drive from its intersections with Stuart Road to two hundred (200) feet east of where Sun Valley Drive intersects the center line of Yellowstone Place. Both directions of Yellowstone Place beginning three hundred (300) feet north of where Yellowstone Place intersects the center line of Imperial Drive to the intersection of Sun Valley Drive and Yellowstone Place. (4) Woodrow Wilson Elementary School~ Both directions of Windsor Drive beginning two hundred seventy-five (275) feet west of where Windsor Drive intersects the center line of Bristol Street to two hundred seventy-five (275) feet east of where Windsor Drive intersects the ,center line of Hanover Drive, Both directions of Hanover Drive from its intersection with Windsor Drive to four hw)(ired fifty (450) feet north-west of where Hanover Drive intersects the center line of Rockwood Lane, Both directions of Emerson Lane beginning one hundred fifty (150) feet east of where Emerson Lane intersects the center line of Glenwood Lane to three hundred-fifty (350) feet west of where Emerson Lane intersects the center line of Rockwood Lane, (5) Hodge Elementary School. Both directions of Grant Parkway beginning three hundred eighty (380) feet northeast of where Grant Parkway intersects the center line of DeeIVIood Parkway to the intersection of Farris Road and Grant Parkway~ Both directions of Farris Road from its intersection with Silverdome Road to two hundred (200) feet north of where Farris Road intersects the center line of Grant Parkway. (6) Robert E. Lee Elementary School. Both directions of Paisley Street beginning four hundred seventy-five (475) feet west of where Paisley Street interests the center line of Mack Drive to the intersection of Mack Drive and Paisley Street. Both directions of Mack Drive from its intersection with Double Oak Street to the intersection of Paisley Street and Mack Drive~ (7) McNair Elementary. Both directions of Hickory Creek Road beginning seven hundred sixty-five (765) feet west of where Hickory Creek Road intersects the center line ofMontecito Drive to fOUT hoodred thirty (430) feet east of where Hickory Creek Road intersects the center line of Montecito Drive. Page 2 of8 Both directions of Montecito Drive from its intersection with Hickory Creek Road south for six hundred eighty-two (682) feet. (8) Evers Elementary. Both directions of Evers Parkway beginning three hundred five (305) feet south of where Evers Parkway intersects the center line of Gardenview Street to fifty (50) feet south of where Evers Parkway intersects the center line ofRobbie-Q Street. Both directions of Cobblestone Row from its intersection with Evers Parkway to one hundred seventy (170) feet east of where Cobblestone Row intersections the center line of Ashcroft Lane~ (9) Reserved~ (10) Fred Moore Center. Both directions of Mill Street beginning one hundred fifty (150) feet west of where Mill Street intersects the center line of Cross Timber Street to one hundred (100) feet west of where Mill Street intersects the center line ofWye Street. Both directions of Wye Street beginning one hundred fifty (150) feet west of where Wye Street intersects the center line of Cross Timber Street to the intersection of Mill Street and Wye Street. Both directions of Cross Timber Street from its intersection with Wye Street to the intersection of Mill Street and Cross Timber Street. (11) Tomas Rivera Elementary. Both directions of Newton Street beginning two hundred (200) feet north of where Newton Street intersects the center line of Morse Street to two hundred twenty-five (225) feet north of where Newton Street intersects with the center line of Wilson Street. (12) Wayne Ryan Elementary School. Both directions on Ryan Road beginning five hundred (500) feet west of the intersection of Creekdale Drive and Ryan Road and continuing east for two thousand seventy-one (2071) feet to a point five hundred (500) feet east of the intersection of Forrestridge Drive and Ryan Road. (b) That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 3:00 p.m. until 4:00 p.m. on school days. The location of school zones described below shall be as follows~ to-wit: Page 3 of8 (1) Strickland Middle School. Both directions of Windsor Drive beginning five hundred sixty (560) feet east of where Windsor Drive intersects the center line of Locust Street to two hundred twenty-five (225) feet east of where Windsor Drive intersects the center line of Bell Avenue. Both directions of Bell Avenue from its intersection with Driftwood Trail to the intersection of Windsor Drive and Bell Avenue. (2) Calhoun Middle SchooL Both directions of Congress Street from one hundred thirty (130) feet west of where Congress Street intersects with the center line of Mounts Street to two hundred (200) feet east of where Congress Street intersects with the center line of Denton Street. Both directions of Denton Street from its intersection with Congress Street to one hundred (100) feet south of where Denton Street intersects with the center line of Pearl Street. Both directions of Mounts Street from its intersection with Congress Street to one hundred ninety (190) feet south of where Mounts Street intersects with the center line of Anderson Street. (3) McMath Middle School. Both directions on Londonderry Lane from the intersection with Teasley Lane to one hundred (100) feet east of its intersection with Sam Bass Boulevard. (c) That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 3:00 p.m. until 4:00 p.m. on school days. The location of school zones described below shall be as follows, to-wit: (1) Ryan High School. Both directions of McKinney beginning five hundred (500) feet west of where McKinney Street intersects with the center line of the high school driveway to five hundred twenty-five (525) feet east of where McKinney Street intersects with the center line of the high school driveway. (2) Denton High School. Both directions of Crescent Street begiIming two hundred fifty (250) feet east of where Crescent Street intersects the center line of Bryan Street to one hundred fifty (150) feet east of where Crescent Street intersects with the Center line of Fulton Street. Both directions of Bryan Street beginning two hundred fifty (250) feet south of where Bryan Street intersects the center line of Crescent Street to one hundred fifty (150) feet north of where Bryan Street intersects the center line of Linden Street. Page 4 of8 Both directions of Fulton Street beginning one hundred fifty (150) feet north of where Fulton Street intersects the center line of Crescent Street to fifty (50) feet north of where Fulton Street intersects the center of Linden Street (d) That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 9:00 a~m~ and from 3:00 p.m. until 4:30 p~m~ on school days. The location of school zones described below shall be as follows, to-wit: (1) Liberty Christian School. Both directions of Bonnie Brae from five hundred (500) feet north of where Bonnie Brae intersects the center line of Willowood to one thousand eight hundred twenty (1820) feet north of where Bonnie Brae intersects the center line ofWillowood. ( e) That the time periods for the reduced speeds for the school zones described below shall be from 7:00 a~m~ until 8:30 a~m~ and from 2:30 p.m.. until 3:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: (1) Tomas Rivera Elementary School. Both directions of Woodrow Lane beginning 450 feet south of its intersection with Morse Street and continuing north to a point 425 feet north of its intersection with Morse Street. Sec. 18-211. Twenty-five mile-per-hour zone. That based upon an engineering and transportation department investigation heretofore made, as authorized by the provisions of V.T,C.A~ Transportation Code ~ 545.357, the prima facie speed limit of twenty-five (25) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following school zones~ (a) That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a~m. until 8:30 a.m. and from 2:30 p.m~ until 3:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: (1) Sam Houston Elementary. Both directions of Teasley Lane beginning tluee hundred twenty-five (325) feet east of where Teasley Lane intersects the center line of Permsylvania Drive to three hundred sixty-five (365) feet west of where Teasley Lane intersects the center line of Lillian Miller . Sec. 18-212. Thirty-five mile-per-hour zone. That based upon an engineering and transportation department investigation heretofore made, as authorized by the provisions of V.T.C.A. Transportation Code ~ 545.357, the prima facie speed limit of thirty-five (35) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones~ Page 5 ofB (a) That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m~ until 9:00 a.m. and from 3:00 p.m. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: (1) The Selwyn School. Both directions of West Highway 380 from four hundred fifty (450) feet east of where West Highway 380 intersects the center line of Marshall Drive to one thousand two hundred (1200) feet west of where West Highway 380 intersects the center line of Mesa Drive. Sec. 18-213. Penalty. When signs are erected giving notice thereot: an individual adjudged guilty of exceeding the herein defined speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed two hundred dollars ($200~OO)~ Sec. 18-214..219. Reserved for expansion. Sec. 18-220. School bus loading zones. The location of school bus loading zones for the following schools shall be as follows, to- wit: (1) Borman Elementary. The southernmost lane of Parvin Street beginning where Parvin Street intersects the east curb line of McConnick Street to where Parvin Street intersects the west curbline of Mercedes Road. (2) Ginnings Elementary. The southernmost lane of Sun Valley Drive beginning where Sun Valley Drive intersects the east curb line of Stuart Road to where Sun Valley Drive intersects the west curb line of Yellowstone Place~ (3) McNair Elementary~ The westernmost lane of Montecito Drive beginning two hundred eighty-seven (287) feet south of where Montecito Drive intersects the south curb line of Hickory Creek Road to four hundred seven (407) feet south of where Montecito Drive intersects the south curbline of Hickory Creek Road. (4) Strick/and Middle School. The southenunost lane of Windsor Drive beginning where Windsor Drive intersects the west curbline of Bell Avenue to nine hundred (900) feet west of where Windsor Drive intersects the west curb line of Bell Avenue. Page 6 of8 (5) Calhoun Middle School. The westernmost lane of Denton Street from one hundred ninety-six (196) feet south of where Denton Street intersects the south curb line of Congress Street to six hundred forty (640) feet south of where Denton Street intersects the south eurbline of Congress Street. Sec. 18-221. Unlawful for any penon to operate or park a motor vehicle in a school bus loading zone. When signs are erected giving notice thereof, it shall be unlawful for any person to operate or park a motor vehicle other than a school bus in a herein described school bus loading zone. An individual adjudged guilty of the provision of this section shall be guilty of a misdemeanor and punished by a fine not to exceed two hundred dollars ($200.00). SECTION 3. An individual adjudged guilty of any provision of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 4. That this ordinance shall be cumulative of all other ordinances of the City of Denton defining school zones and school bus loading zones and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance~ SECTION 5. That if in any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereofto 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 the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the )/ ~ay of lJefjj~/lJ , 2003. ~hJL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 70f8 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 8 of8 S: \Our Documents\Ordinances\06\SchoolZone. doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES TO REVISE THE SCHOOL SAFETY SPEED ZONES AND TIMES FOR VARIOUS SCHOOLS; PROVIDING A PENAL TY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is in the interest of public safety to establish a 30 mph school zone on McKinney Street for Ryan High School; and WHEREAS, it is no longer necessary to have a school zone for Liberty Christian School on Bonnie Brae Street because the school has moved; and WHEREAS, it is in the interest of public safety to move the middle schools' and high schools' morning school safety speed zones from 7:30- 8:30 a.m. to 8:00-9:00 a.m.; and WHEREAS, it is in the interest of public safety to move the high schools' afternoon school safety zones from 3:00-4:00 p.m. to 3:30-4:30 p.m.; and WHEREAS, it is in the interest of public safety to establish a 35 mph school zone for Guyer High School on Teasley Lane; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SFJ--:TTON 1. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of Denton, Texas is hereby amended by changing portions of Section 18-210 through Section 18-214 and these sections shall now read as follows: Sec. 18-210. Twenty mile-per-hour zone. Based upon an engineering and transportation department investigation heretofore made, as authorized by the provisions of V.T.C.A., Transportation Code S 545.357, the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be a prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones. (a) The time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school zones described below shall be as follows to- writ: (1) Borman Elementary School. Both directions of Parvin Street beginning fifty (50) feet east of where Parvin Street intersects the center line of McCormick Street to one hundred (100) feet east of where Parvin Street intersects the center line of Mercedes Street. Exhibit 4 S: \Our Documents\Ordinances\06\SchoolZone. doc (2) Newton Rayzor Elementary School. Both directions of Malone Street beginning fifty (50) feet north of where Malone Street intersects the center line of Cordell Street to one hundred (100) feet north of where Malone Street intersects the center line of Emery Street. (3) Ginnings Elementary School. Both directions of Stuart Road beginning two hundred fifty (250) feet north of where Stuart Road intersects the center line of Imperial Drive to one hundred seventy-five (175) feet north of where Stuart Road intersects the center line of Sun Valley Street. Both directions of Sun Valley Drive from its intersections with Stuart Road to two hundred (200) feet east of where Sun Valley Drive intersects the center line of Yellowstone Place. Both directions of Yellowstone Place beginning three hundred (300) feet north of where Yellowstone Place intersects the center line of Imperial Drive to the intersection of Sun Valley Drive and Yellowstone Place. (4) Woodrow Wilson Elementary School. Both directions of Windsor Drive beginning two hundred seventy-five (275) feet west of where Windsor Drive intersects the center line of Bristol Street to two hundred seventy-five (275) feet east of where Windsor Drive intersects the center line of Hanover Drive. Both directions of Hanover Drive from its intersection with Windsor Drive to four hundred fifty (450) feet north-west of where Hanover Drive intersects the center line of Rockwood Lane. Both directions of Emerson Lane beginning one hundred fifty (150) feet east of where Emerson Lane intersects the center line of Glenwood Lane to three hundred-fifty (350) feet west of where Emerson Lane intersects the center line of Rockwood Lane. (5) Hodge Elementary School. Both directions of Grant Parkway beginning three hundred eighty (380) feet northeast of where Grant Parkway intersects the center line of Deerwood Parkway to the intersection of Farris Road and Grant Parkway. Both directions of Farris Road from its intersection with Silverdome Road to two hundred (200) feet north of where Farris Road intersects the center line of Grant Parkway. (6) Robert E. Lee Elementary School. Both directions of Paisley Street beginning four hundred seventy-five (475) feet west of where Paisley Street interests the center line of Mack Page 2 of7 S: \Our Documents\Ordinances\06\SchoolZone. doc Drive to the intersection of Mack Drive and Paisley Street. Both directions of Mack Drive from its intersection with Double Oak Street to the intersection of Paisley Street and Mack Drive. (7) McNair Elementary. Both directions of Hickory Creek Road beginning seven hundred sixty- five (765) feet west of where Hickory Creek Road intersects the center line of Montecito Drive to four hundred thirty (430) feet east of where Hickory Creek Road intersects the center line of Montecito Drive. Both directions of Montecito Drive from its intersection with Hickory Creek Road south for six hundred eighty-two (682) feet. (8) Evers Elementary. Both directions of Evers Parkway beginning three hundred five (305) feet south of where Evers Parkway intersects the center line of Gardenview Street to fifty (50) feet south of where Evers Parkway intersects the center line ofRobbie-O Street. Both directions of Cobblestone Row from its intersection with Evers Parkway to one hundred seventy (170) feet east of where Cobblestone Row intersections the center line of Ashcroft Lane. (9) Reserved. (10) Fred Moore Center. Both directions of Mill Street beginning one hundred fifty (150) feet west of where Mill Street intersects the center line of Cross Timber Street to one hundred (100) feet west of where Mill Street intersects the center line ofWye Street. Both directions of Wye Street beginning one hundred fifty (150) feet west of where Wye Street intersects the center line of Cross Timber Street to the intersection of Mill Street and Wye Street. Both directions of Cross Timber Street from its intersection with Wye Street to the intersection of Mill Street and Cross Timber Street. (11) Tomas Rivera Elementary. Both directions of Newton Street beginning two hundred (200) feet north of where Newton Street intersects the center line of Morse Street to two hundred twenty-five (225) feet north of where Newton Street intersects with the center line of Wilson Street. Page 3 of7 S: \Our Documents\Ordinances\06\SchoolZone. doc (12) Wayne Ryan Elementary School. Both directions on Ryan Road beginning five hundred (500) feet west of the intersection of Creekdale Drive and Ryan Road and continuing east for two thousand seventy-one (2071) feet to a point five hundred (500) feet east of the intersection of Forrestridge Drive and Ryan Road. (b) The time periods for reduced speeds for school zones described below shall be from 8:00 a.m. until 9:00 a.m. and from 3 :00 p.m. until 4:00 p.m. on school days. The location of school zones described below shall be as follows, to-wit: (1) Strickland Middle School. Both directions of Windsor Drive beginning five hundred sixty (560) feet east of where Windsor Drive intersects the center line of Locust Street to two hundred twenty-five (225) feet east of where Windsor Drive intersects the center line of Bell Avenue. Both directions of Bell Avenue from its intersection with Driftwood Trail to the intersection of Windsor Drive and Bell Avenue. (2) Calhoun Middle School. Both directions of Congress Street from one hundred thirty (130) feet west of where Congress Street intersects with the center line of Mounts Street to two hundred (200) feet east of where Congress Street intersects with the center line of Denton Street. Both directions of Denton Street from its intersection with Congress Street to one hundred (100) feet south of where Denton Street intersects with the center line of Pearl Street. Both directions of Mounts Street from its intersection with Congress Street to one hundred ninety (190) feet south of where Mounts Street intersects with the center line of Anderson Street. (3) McMath Middle School. Both directions on Londonderry Lane from the intersection with Teasley Lane to one hundred (100) feet east of its intersection with Sam Bass Boulevard. (c) The time periods for reduced speeds for school zones described below shall be from 8:00 a.m. until 9:00 a.m. and from 3:30 p.m. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: Page 4 of7 S: \Our Documents\Ordinances\06\SchoolZone. doc (1) Denton High School. Both directions of Crescent Street beginning two hundred fifty (250) feet east of where Crescent Street intersects the center line of Bryan Street to one hundred fifty (150) feet east of where Crescent Street intersects with the Center line of Fulton Street. Both directions of Bryan Street beginning two hundred fifty (250) feet south of where Bryan Street intersects the center line of Crescent Street to one hundred fifty (150) feet north of where Bryan Street intersects the center line of Linden Street. Both directions of Fulton Street beginning one hundred fifty (150) feet north of where Fulton Street intersects the center line of Crescent Street to fifty (50) feet north of where Fulton Street intersects the center of Linden Street. (d) The time periods for the reduced speeds for the school zones described below shall be from 7:00 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school zones described below shall be as follows, to- wit: (1) Tomas Rivera Elementary School. Both directions of Woodrow Lane beginning 450 feet south of its intersection with Morse Street and continuing north to a point 425 feet north of its intersection with Morse Street. Sec. 18-211. Twenty-five mile-per-hour zone. Based upon an engineering and transportation department investigation heretofore made, as authorized by the provisions of V.T.C.A. Transportation Code S 545.357, the prima facie speed limit of twenty- five (25) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following school zones. (a) The time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school zones described below shall be as follows, to- wit: (1) Sam Houston Elementary. Both directions of Teasley Lane beginning three hundred twenty-five (325) feet east of where Teasley Lane intersects the center line of Pennsylvania Drive to three hundred sixty-five (365) feet west of where Teasley Lane intersects the center line of Lillian Miller. Sec. 18-212. Thirty mile-per-hour zone. Based upon an engineering and transportation department investigation heretofore made, Page 5 of7 S: \Our Documents\Ordinances\06\SchoolZone. doc as authorized by the provisions of V.T.C.A. Transportation Code S 545.357, the prima facie speed limit of thirty (30) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following school zones. (a) The time periods for reduced speeds for school zones described below shall be from 8:00 a.m. until 9:00 a.m. and from 3:30 p.m. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: (1) Ryan High School. Both directions of McKinney Street/FM 426 beginning five hundred (500) feet west of where McKinney Street/FM 426 intersects with the center line of Ryan High School's driveway to five hundred twenty-five (525) feet east of where McKinney Street intersects with the center line of Ryan High School's driveway. Sec. 18-213. Thirty-five mile-per-hour zone. Based upon an engineering and transportation department investigation heretofore made, as authorized by the provisions of V.T.C.A. Transportation Code S 545.357, the prima facie speed limit of thirty-five (35) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones. (a) The time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m. until 9:00 a.m. and from 3:00 p.m. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to- wit: (1) The Selwyn School. Both directions of West Highway 380 from four hundred fifty (450) feet east of where West Highway 380 intersects the center line of Marshall Drive to one thousand two hundred (1200) feet west of where West Highway 380 intersects the center line of Mesa Drive. (b) The time periods for reduced speeds for school zones described below shall be from 8:00 a.m. until 9:00 a.m. and from 3:30 p.m. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: (1) Guyer High School Both directions of Teasley Lane/FM 2181, beginning at TxDot milepost 0.908 (approximately 1100 feet south of the centerline of Leatherwood Road) to TxDot milepost 1.323 (approximately 1090 feet north of the centerline of Leatherwood Road). Page 6 of7 S: \Our Documents\Ordinances\06\SchoolZone. doc Sec. 18-214. Penalty. When signs are erected giving notice thereof, an individual adjudged guilty of exceeding the herein defined speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed two hundred dollars ($200.00). Sec. 18-215--18-219. Reserved. SFJ--:TTON 2. An individual adjudged guilty of any provision of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SFJ--:TTON 1. That this ordinance shall be cumulative of all other ordinances of the City of Denton defining school zones and school bus loading zones and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SFJ--:TTON 4. That if in any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SFJ--:TTON ~. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of 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, CITY ATTORNEY BY: Page 7 of7 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEPARTMENT: Legal Department CMIDCM/ ACM: Ed Snyder, City Attorney SUBJECT: Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a Second Amendment to an Agreement with Terry D. Morgan & Associates, P.c. for professional legal services relating to pending litigation styled JNC Partners Denton, LLC 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. BACKGROUND: The law firm of Terry ;Morgan & Associates has consistently provided outstanding legal services at a very affordable cost. The firm has a long record for handling cases for the City, and has successfully represented the City of Denton in very similar matters. Their fees are consistently at or below the fees charged by Denton law firms. OPTIONS: 1. Pass the ordinance to authorize execution of the agreement. 2. Decline to p.ass the ordinance to authorize execution of the agreement. FISCAL INFORMATION: The agreement caps legal fees in this matter at $150,000, and the agreement would. need to be modified to exceed that figure. s: \Qur Docurnents\Miscellaneous\06\agenda information sheet-terry morgan jnc amendment 2.DQC ..;..;..;;. .. .. ., . - ..m....." .._- .-.."a,. ~. ...:: ~ . ..~.. - -:.. 'i,,;;f_.~ "~...,>. :;._~.--~ ",;.""... :.~_._~,~,...,,-_.. .=. ",... -. .-, .."-.-... ..'... .,. ,: .......~ - . .~. ~~._.. ., ..;;"...-.... .;.' .....: ~-~. ~~ .~..:. .-i,...... -.>,. .'.'~.J. .-.'~.. .c. .:.~A.' ,. . ,. ~_:. ~,.:::....~.~~;0i;~:~,.:.~;~ ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO AN AGREEMENT WITH TERRY D~ MORGAN & ASSOCIATES, p~C~ FOR PROFESSIONAL LEGAL SERVICES RELATING TO PENDING LITIGATION STYLED JNe PARTNERS DENTON, LLC 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 EFFECTNE DATE. WHEREAS, the City Council deems it necessary, appropriate, and in the public interest . to continue.the engagement of the law fmn of Terry D~ Morgan & Associates, P~C~, to provide professional legal services relating to pending litigation styled JNC Partners Denton, LLC v. City of Denton, Cause No. 2006-1 0032-16, currently pending in the 16th District Court of Denton County, Texas; and WHEREAS, the City has previously retained and engaged the professional legal services of Terry Morgan & Associates on numerous occasions, and it has operated under numerous other professional services agreements with the City regarding legal representation, and has demonstrated considerable expertise of relevant issues concerning the City; and WHEREAS, City staffhas reported to the City Council that there is a substantial need for the hereinabove described professional services, and that limited City staff cannot adequately perform the specialized legal services with its own personnel; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the Agreement for Professional Legal Services; NOW, THEREFORE, THE .COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct, and are incorporated herewith as part of this ordinance~ SECTION 2~ The Interim City Manager is hereby authorized to execute a Second Amendment to Agreement for Professional L~ga1 Services with Terry D~ Morgan & Associates, P~C~, for professional legal services relating to pending litigation styled JNC Partners Denton, LLC v. City of Den ton, Cause No. 2006-10032-16, currently pending in the 16th District Court of Denton County, Texas, in substantially the form of the Second Amendment to Agreeti1ent for Professional Legal Services attached hereto and incorporated herein by reference. SECTION 3.. The expenditure of funds, is hereby authorized, as provided in the attached Second Amendment to Agreement for Professional Legal Services~ The Interim City Manager, 1 . .;:;..:..~.::-. :..:..;;.. ~.-".~. ~... .~ . :~~ .r;.~"IJ~.......... b~~.jL:.T"::''-:.'':' :-=-:..:):)..~...:....:.... . ~. ..:. ..~~: :...:.i~~~. . .. . ~. ... ~~~~'P.....-:-;.:~~";"._';'::'-..-:.....-~....;,.:::-:..:~.~ ~..:.:-.-: ,.,~ :........-:..;~.::'\:.y~~.-':; :-;.~...,,:.d-,:!,..-~'.:.~""".: -:..~.::....:.~.::ii:---r..J~ .-. .. :. .-:z.r~d." .:...,::;.:...;:...:...:..:..~~..:.... :':~,:-~:...=...:._. . ....;.!o.~ ..-, : or his designee, is authorized to exercise all rights and duties of the City of Denton under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approva1~ PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: By: s: \Our Documents\Ordinances\06\terry morgan-jnc amendment ordinance 2-doc 2 ." ~ ~;;;.:...i............i:--'''':''':~_' -... :.:I~.~-.~~~j.,;'j~~,,::,::,~ .. :~~~':"'~__-":'''''':.N'''':':':...''''''''_'''':''--:...~~:';'I''''' . ...."F.- -': .... ...: '~I''I::"!-.=':-''''''~'''':':''''-:'.J.,.~'''':.. ~.-" .:-~:.::.;r:,~~":'~..-.:'"4i-.':'I'::".-~~:"Ir.I:..... ':--:,~:-W.~" ." .......... S:\Our Docwnents\ConttaclS\06\morgan-jD:: secoud amendment.doc .;(. i1f STATE OF TEXAS ~ ~ COUNTY OF DENTON SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES TillS SECOND AMENDMENT TO THAT AGREEMENT made and entered into the 17th day of January, 2006, ("Base Agreement") by and between the Terry D. Morgan & Associates, PC, with Terry Morgan having full authority to execute that Agreement, 1201 Ehn Street, Suite 4800, Dallas, Texas 75270, hereinafter referred to as "Consultant", and the City of Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, :1 hereinafter referred to as "City~" WITNESSETH SECTION I. Section ill.A. "Compensation and Method of Payment" of the Base Agreement is hereby amended to read as follows: III. Compensation and Method ofPavment: A. Consultant shall charge the fo1I9wing fees for its professional services provided to City hereunder, based upon the following hourly billing rates for the attorneys and support staff involved in this matter: Staff Terry Morgan James Morris Other Partners (GUCL) Associates (GUCL) Hourlv Rate $250.00 $275.00 $175.00 to $250~OO $125~OO to $140~OO City agrees and understand that Terry Morgan is of counsel with the firm of Goins, Underkofler, Crawford & Langdon. Consultant and City agree that all charges for the legal services hereunder for this engagement, including expenses as set forth in Section ill.C. below, shall not exceed $150,000.00. SECTION 2. Save and except as amended hereby, all the remaining sections, paragraphs, sentences, clauses, and phrases of the Base Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Denton, Texas has caused this First Amendment to be executed by its duly authorized Interim City Manager; and Consultant has executed on this the day of , 2006. .:.. ...:.:...;.;..:............ .:..:~.;..::.::;,.~~~.:.._~ ~.::;.. .: ....:.,...~.;.., ":'.~~"..i.:''':=I~...:... .~.. .. . .:.i.-...".:: "i. .". ';:.-:: :_: ~. . . . ..-.. . ~ - ..." ".:. .", . ATTEST: JENNIFER WALTERS, CITY SECRETARY By: FORM: ATTORNEY By: - =--....~_.. _"::..~:.:~ ~- - ... ;.--::.......:..:~ ~ ~..a....- _ ~ ~...__:I- ~__ __ ~..: ~-. ___ _... _ CITY OF DENTON, TEXAS By: Howard Martin, Interim City Manager CONSULTANT: TERRY D~ MORGAN & ASSOCIATES By: Teny D. Morgan Page 2 ..~ - - -~...:.. .-..~~.~: .. _ ~i:.,;J..j ~ ~::..._: -:.-..~_ '_ - _.- ..._._ AGENDA INFORMATION SHEET AGENDA DATE: May 16,2006 DEPARTMENT: Legal Department CM/DCM/ ACM: Ed Snyder, City Attorney SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro TlUlC, correcting an inadvertent mistake in Ordinance No. 2005-024 providing for approval of a detailed plan for 24.8 acres located within Planned Development 132 (Pd-132) zoning district; the subject property is generally located on the south side ofPockrus Page Road, on the east side of Lakeview Boulevard in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, a severability clause and an effective date~ (Z04-0024) BACKGROUND: On January 18, 2005, the City Council passed Ordinance No. 2005-024 approving a Detailed Plan for 24~81 acres of land located within PD-132 (a portion of the Villages of Carmel).. There was an inadvertent mistake in the drafting of Ordinance No~ 2005- 024 as the ordinance failed to conform to the information provided to Council at the meeting when the ordinance was approved~ The information clearly provided that the Detailed Plan and the Property would be developed for single-family detached lots pursuant to the standards contained in the Neighborhood Residential 6 ("NR-6"). The same information was presented to the Planning and Zoning Commission prior to its recommendation of approval. Also, page 2 of Exhibit B (the Detailed Plan) to the ordinance was inadvertently omitted~ That page even though omitted from the ordinance incorrectly, showed side yard set backs to be 5 feet instead of the 4 feet as allowed by the NR-6 district~ The correction ordinance clearly provides that the NR- 6 standards are to apply and the side yard set back is 4 feet The City Council has the inherent power to correct inadvertent mistakes in the approval of an ordinance by passing the proposed ordinance, nunc pro tunc, so as to conform it to the true action taken by the City Council on January 18, 2005~ OPTIONS: The City Council may approve the ordinance as proposed, decline to approve the ordinance, or approve the ordinance with modifications. RECOMMENDATION: Staffrecommends approvat FISCAL INFORMATION: There should be no fiscal impact S :\Our Documents\Miscellaneous\06\051606 AIS 204-0024 Nunc PrO- Tunc.doc S :\Our Documen15\Ordinances\06\Z04-0024-nunc pro tunc.doc ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN INADVERTENT MISTAKE IN ORDINANCE N09 2005-024 PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 24~8 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE ROAD, ON THE EAST . SIDE OF LAKEVIEW BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTNE DATE. (Z04-0024) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved a Concept Plan for 427.6 acres of 1 and to Planned Development 132 (PD-132) zoning district; as more particularly described therein; and WHEREAS, pursuant to Ordinance N 0 ~ 2005-024 the City Council approved a Detailed Plan for 24.81 acres of land located within PD-132 and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property"), said Detailed Plan being on file in the offices of the City's Planning Department, a copy of which is attached hereto and made a . part hereof as Exhibit "B" (the "Detailed Plan"); and WHEREAS, there was an inadvertent mistake in the drafting of Ordinance No. 2005-024 as the ordinance failed to conform to the information provided to City Council at the meeting when the ordinance was approved as such information clearly provided that the Detailed Plan and the Property would be developed for single-family detached lots pursuant to the standards contained in the Neighborhood Residential 6 (NR-6) zoning classification, except as othetwise provided in the conditions contained in the ordinance; and WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to reflect the truth of what was actually approved by the City Council when approving the ordinance; and WHEREAS, the City Council finds that the action taken herein 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~ Ordinance No~ 98-394 providing for the approval of an amended Concept Plan for the Planned Development Zoning District Classification and Use Designation for the property described as PD-132 is amended by approving the Detailed Plan for the Property to allow for the development of single-family detached lots lUlder the standards set forth in the NR-6 zoning classification, with the following conditions: S :\Our Documen1s\Ordinances\06\Z04-0024-nunc pro tunc.doc 1.. Perimeter walls will be constructed in accordance with the standards set forth in the Development Code~ The developer will be responsible for construction and the Home Owner's Associate will be responsible for maintenance~ The developer will also be required to obtain the necessary Right-of- Way Agreements prior to construction of walls located within right-of-way; 2~ Landscaping, including street trees, will conform to the standards set forth in the Development Code; 3 ~ Sidewalks will be provided along all public and residential streets~ The sidewalks within this development shall conform to the standards set forth within the Development Code~ Both four (4) and five (5) foot sidewalks will be provided and shall conform to the sidewalks on either side of the development. The change from four (4) foot sidewalks to five (5) foot sidewalks shall occur at intersections and/or driveways. 4~ Signs will conform to the standards set forth within the Development Code~ The developer will also be required to obtain the necessary Right-of-Way Agreements prior to wall construction of signs located within right-of-way~ 5 ~ The developer shall permanently close the temporary access at Poems Page and Indian Paint Way with the first phase of development SECTION 3.. The provisions of this ordinance as they apply to the Property, shall govern and control over any conflicting provisions of Ordinance No. 98-394, but all the provisions of Ordinance No. 98-394, as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district~ SECTION 4~ The City's official zoning map is amended to show the approval of the detailed plan~ SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,OOO~OO~ Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6~ This ordinance is nunc pro tWlC to take effective retroactively to the effective date of Ordinance 2005-024~ PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 S :\OUT Documents\Ordinances\06\Z04-0024-nunc pro tunc.doc APPROVED AS TO LEGAL FORM: EDWIN M~ SNYDER, CITY ATTORNEY BY: PAGE 3 Exhibit A ExmBIT "A" METES AND BOUNDS DESCRIPTION ~:~ -BEdI.NG~t-a_~'" _1iI-'--ClIPhaI~,~.-.Tn_P~p". ROad at_1hI _nortbwtat.4Offter Of \11. tlnal >>fat :0' H+~PRESERVE ~AT. PECAN ~.SEC11CH' .~ PHASE .,. an acfd.lUon to~. .tlty of Dt....... -0.1- .County. T-. .DS_rJeOrUd FA CGYMl It. 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VlCClI ~~S LoJl'i1Z) :r-_O ~.....,..: co (\.,I .!. h~ tOO ,1.-J lI}-.:i 3g .-.J -en ~~ 0.. a5~ ",,!. z ~5 2~ <I"'i G o ...J [D o 8~ C ~~1O 2 ~~g ~ ~~: ~~8~ i ~ ~ ~~ 8 8~g~ - ~Ct:c !' ~~~8 f Vlf5~O ~ :s~~ :ii ~t's~ : ~~ Q ~o ~ (3 "6 t tJ ..s::. !f ..:tlli ~g "CC\l ::r )-. ::r ~ :::I ~ [1 ; ~ Q . a ~ ,2 1 .s: ~ :g Il.. ~ 2. .i~ ~ ti~" 1.. ~?:~~ ~ ~~i~~; Q~~ mt--E ~~:Si~] <~QLo.Il-,....~ Q..~~~~~: wtg~'67 a::t'i~f.JQ~ n.~~~ : ~:o!:: _~ u~ e).. ...l~ ~~ II'J ~: ~Oi~ ~3~~~~~ w ~:: f"o.~rt!:! z~~~~~rt ~~;;~(ri'~~ o ~ ~ ~~~ ~~ ~ ~ g~ AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Planning and Development Department Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT - ADP06-0005: (Unicorn Lake) Hold a public hearing and consider the adoption of an ordinance regarding an Alternative Development Plan (ADP) for an Environmentally Sensitivity Area (ESA). The 71.01 acre ESA is located within the Unicorn Lake development, a 133.5 acre site located south of Interstate 35 East along both sides of Wind River Lane. The Unicorn Lake development is zoned Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed-Use (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. The Planning and Zoning Commission forwards this item without reaching a consensus on a recommendation (3-3). (ADP06-0005, Unicorn Lake). BACKGROUND Applicant: Brad Shelton Denton, TX The Planning and Zoning Commission forwards this item to you without reaching a consensus on a recommendation (3-3). This case was presented to the Denton Planning and Zoning Commission on April 26, 2006. A motion was made to approve the ADP request which resulted in a 3-3 vote by the commission. This case was tabled from the April 12, 2006 Planning and Zoning Commission meeting and was originally scheduled for the February 22, 2006 Planning and Zoning Commission meeting, but was tabled to April 12, 2006 to allow the applicant to meet with the neighboring property owners. The applicant is requesting approval of an Alternative Development Plan for an Environmentally Sensitive Area. Section 35.17.12 Alternative Environmentally Sensitive Area Plans in the Denton Development Code allows the ADP procedure proposed here. There is a total of 71.01 acres of ESA designated property on this site. The applicant intends to reclaim approximately 0.07 acres of undeveloped floodplain, develop 0.18 acres of Riparian Buffers and develop 22.68 acres of Upland Habitat. The proposed development will deviate from the requirements of Subchapter 35.17.7 Undeveloped Floodplain Development Standards, 35.17.8 Riparian Buffer and Water Related Habitat Development Standards and 35.17.9 Upland Habitat Development Standards. The applicant is proposing to mitigate the deviations from the Denton Development Code by a mitigation plan which provides for the preservation of 1.18 acres of Upland Habitat and the creation of 10.16 acres of Upland Habitat, for a total of post-project Upland Habitat area of 11.34 acres. The Alternative Development ESA Plan provides for Natural Zone Plantings and Social Zone Plantings. (See Attachment 1, Environmentally Sensitive Areas Alternative Development Plan). In addition, the applicant proposes to provide rear lot setbacks of the proposed single family lots adjacent to Sundown Ranch to a minimum of 20 feet. On lots adjacent to Sundown Ranch, the applicant will preserve as many existing trees as possible during the construction process. Every rear lot abutting the Sundown Ranch Subdivision will have at least one healthy tree measuring 6 to 8 inch dbh. In those lots where native trees must be removed from the rear yard, the applicant will provide a live oak tree of a minimum caliper size of 6 to 8 inches dbh. The applicant will dedicate 10 acres of Upland Habitat for preservation and public use. The location of the property to be dedicated is adjacent to the existing Lake Forest Park and Cross Timbers Park. This area is one of the largest Upland Habitat ESAs remaining in the City. (See attachment 4). Public notification information is provided in Attachment 5. As of this writing, staff has received 13 responses in opposition, 4 responses in favor and no responses neutral to the request from property owners within 200 feet of the subject site. Property owners in opposition of the request represent 4 percent of the area within 200 feet of the subject site. PRIOR ACTION/REVIEW On September 21, 2004, the Denton City Council approved a request for the Unicorn Lake development to rezone approximately 4.7 acres from Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU) zoning districts to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with an overlay; approximately 23.8 acres from Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU) zoning districts to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district; and approximately 18.6 acres from Neighborhood Residential 2 (NR-2) and Neighborhood Residential 3 (NR-3) zoning districts to a Neighborhood Residential 2 (NR-2) zoning district. The overlay district restricts the uses in the NRMU-12 district to professional offices only. (Ordinance 2004-295). Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), and Neighborhood Residential Mixed Use (NRMU) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned Planned Development 20 (PD-20). OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. ATTACHMENTS 1. Alternative Development Plan 2. Location Map 3. ESA Maps 4. Upland Habitat Mitigation Location Map 5. Public Notification 6. Letters of Opposition 7. Letter of Intent 8. Site Photos 9. Minutes ofP&Z meeting April 24, 2006 10. Ordinance Prepared by: ~. Lori Shelton Planner II Respectfully submitted: Brian Lockley, AICP Acting Director of Planning & Development ATTACHMENT 1 Environmentally Sensitive Areas Alternative Development Plan The purpose of an alternative development plan (ADP) is to provide an option for developments that do not meet the standards in the Denton Development Code (DDC) and that meet or exceed the objectives of the Denton Plan and Development Code. The applicant is requesting approval of an Alternative Development Plan for an Environmentally Sensitive Area. Section 35.17.12 Alternative Environmentally Sensitive Area Plans in the Denton Development Code allows the ADP procedure proposed here. There is a total of 71.01 acres of ESA designated property on this site. The applicant intends to reclaim approximately 0.07 acres of undeveloped floodplain, develop 0.18 acres of Riparian Buffers and develop 22.68 acres of Upland Habitat. The proposed development will deviate from the following Denton Development Code requirements: 1. 35.17.7.A Undeveloped Floodplain Development Standards, Permitted Uses and Activities. Residential development is not a permitted use in designated undeveloped floodplain. 2. 35.17.8. Riparian Buffer and Water Related Habitat Development Standards. Residential development is not a permitted use in designated riparian and water related habitats. 3. 35.17.9 Upland Habitat Development Standards. Residential development shall be designed to retain a contiguous fifty percent (50%) tree canopy, which shall remain predominantly in its natural state. The applicant will mitigate the deviations from the Denton Development Code by a mitigation plan which includes the preservation of 1.18 acres of Upland Habitat and the creation of 10.16 acres of Upland Habitat, for a total of post-project Upland Habitat area of 11.34 acres. The Alternative Development ESA Plan provides for Natural Zone Plantings and Social Zone Plantings. The applicant will dedicate 10 acres of Upland Habitat for preservation and public use. The proposed dedicated property will be adjacent to existing the Lake Forest Park and Cross Timbers Park. The Natural Zoning Plantings will be planted with bare-root seedlings at a rate of 350 per acre in the area indicated in Attachment 3. The Natural Zone constitutes approximately 8.21 acres, of which 7.63 acres need to be planted. This would provide approximately 2,671 bare-root seedlings for the Upland Habitat Natural Zone. The Social Zone Plantings would occur along potential trail corridors in an area of approximately 3.13 acres and would be maintained to allow for longer sight distances for both aesthetic and safety reasons. Tree plantings would consist of the same native species as the Natural Zone. However, these trees would be larger than the bare-root seedlings planted in the Natural Zone and would be planted at a rate of 50 trees per acre. A walking trail would also be constructed that would meander through the Social Zone. The applicant will provide the following two mitigation measures related to the proposed residential lots. The applicant will provide 20 foot rear lot setbacks where the proposed single family lots abut the existing Sundown Ranch Subdivision. On lots adjacent to Sundown Ranch, the applicant will preserve as many existing trees as possible during the construction process. Every rear lot abutting the Sundown Ranch Subdivision will have at least one healthy tree measuring 6 to 8 inch dbh. In those lots where native trees must be removed from the rear yard, the applicant will provide a live oak tree of a minimum caliper size of 6 to 8 inches dbh. ~ 2: o Proj.:;ct BOtmdary A Alternative ESA Plan Pfoposed UpJ,H1d Ha:mil~ Crea.lion'Pr.1Q(""'itIO'1 NaturAl Zone -~.'" , N Soonl Zone Trail J ^ PClt?titlal Wa!~r Rel::ll!U Ha:;ilid SOO '" ;'.""~ ...' ~~~ "", .' "X}~, '" :j;i];',~: f} .~~, r",,,,J.,(( Q.~ , , ':I1~} ~, ' ,.~ : ': 'f." t .... ATTACHMENT 2 Location Map A TT ACHMENT 3 ESA MAPS .! ~::.;.,~ ~, ~ ii , :: ," . . ~,.' f :~:, , , -:' ,,;t ,-,' '~'~ ~. '" " . :'If.>> .: ~ ~'t " " "" ,'\4. " "'~ t ~ , at' ~.~.~!' ",t' :fJ'" . r~ Environmentally Sensitive Areas Uoland Hab);at Legend o Prnj~r.: Ar~~ o soo 1,000 , Feel , Legend D Projecl BOllndar'{ . ESA Plan AlternatIve . _ , n!PrQSCf'l3tlon d U""Iland Hnbllil: CreaM Prot)ose !"' , Nmwal ZOfle ~ Social Zone Trait _ .J i'I',' . Reliiti;'d haul t . (:3 Potetiilal Wali), '.000 ::iOO I Fc~: ~; " ~ .~ " o o ~ " ~ A ~ 'D o ~~ o .{~ ,~~ ., . ATTACHMENT 4 Upland Habitat Mitigation Location ATTACHMENT 5 Public Notification \\ ,I '. I >.:- ("c.); .! F"',>",. I () \.:r---,--\,......-..-r~-,.. l'"[---:j 1:/< <;;~A 0 / ~"I "j'l'l"-' !'/"'\.'", ii~'l^,,!.~.. _'_" . ! \. ,., \.t.,:U tr. r"} i"," , ,\;' ! / '-:j C:" I ',,\,. ; ..;;.;...:::,~:l:::-~, 1. ......1' !"ll-r LL'~ 1_- ,_"-.... f I Vi ""---.-- . __ -----.-...J j:" ._ J (~t~ ~o~~~~~77F;ER t \./~~. .J, ""'(7"',3 71/'j)~iTj i\\i't~LU~ '<,iI~;C7\1~J(r'f,"i'r~1\ii;j '" 'V"'.' , . l~i 'j- \ \; ,1--1 :;~11~jHJ.~tbd;,J)]I!.!l,.)yj ,,\//..,'-,.... \ ~ \\ -.!.:tJ:'r~ ;q~1+!tP~~~;'hT1TITl'd,"-1 .,~~./..".. / " //',' i',,,':r'''~r'\!I\,.. ~".7"C(i,;'.."Fi'.,;"'rA:'J . ." ','.c.// " .. \{Jlt-.. \-<,y,<, ! [ , Y t,/ I' ~ 1.__1 r-=-i_ . A... .~, '. .-/ .\ 8- 1,1e.; ',.1. '\Vr..;J \-: :j-;j'-:-/':"l i I "''4l. "\, '" , ;:; ~1. '\~'ln tJ .~."H'\Oj"t:....^L'. \.[" .:.... '\ ~". l.J I j\1.>j'. \t:,t~\\\."Jf1:;r;tJ.1M{~.;r(l.lliuJZlt,:.! ''''~''' ,.-,t.-.:!"'--" t:.1\::.,..:{.,.v.lv"~~'.iiliL1.fiU.,3 nilL~~'~':- : '., l_.,--' 1 ~~:~~\<6.\.~/:~~f:Hfahl!0 ........t=~=f~= " . ,: ~" ~ ,i \-~" \. nb::L . '<-lUll' LJILY (;l'~ft:: ISITE I - -->. '- ! ,f' \ \\ ~Et::.-ilimUTIHIITlmrrnl1urnr:. Tidti:': (\ / " '-, /,,(1 Y ""\,r-'\ \ Wlllj!rrfrr!li:!;i"iildnrfjlril"i~ll'I'll J<'\~,i>'''''' '::) " \ ./ fE! \ ^, \" :i~nrp,~~TTr-l:I' __L. - 2. '-,>t";,. i</.'-, \' \'~- ''''''.li' 'i/'.'-! I' I /-I~ s. -. --~,' i-- '.. . ,UJi/~'.-:ru/;:::;/~-'/ ~\ l~~~/~~(~;!:Tfl:\'ITL. . '1' '''~r.:; ....f .. .,.t ,L :::t-, -, I ..../. , i ; /,\,~, ". '~l 'J i , 1 . U'" i l J ;J ~ ,f ., j , ! ' .' 1/ _~(\1J' tp"]." --'.-2.,~,jP ,"~s : ; .--:::. . ----r=--:".-.-' ----;-- 'L_ )~~~'{*~~1!m!1$!~~~~ffi,Jjn~j!~ . AlFt[fillI11i!, "l- I'> ",<'.' f ~~. i~-=t~;gg{}&jl'm~.:; ]<..)~~;.:::: ,~ " . ............., ;.3(, /YJllB..;TI.IU1L.d;:E'.l~\ldT ~,~ u~ ~ ~ v.. ~, 8;'-/ilin=FiUiLlF''iT 'lfiiJifl '\--';."n' _.._._ '). ~-:::.,-'. '.A'(---'>-"'f"r=t='""JI!fi;; '. (", "/ \(,*:0.\';';;MVJ1JITIfi'111i~-r!.ft.%f.).),.~ 1500 FT BUFFER i' \ >'v;:7-.?i};"1; t-~t..JL.!J.~)d:.!;!).u1&~!!!8 ~~, " I ~-r- \.'<0. J.,lJ; <i::SJll1.(r.ifl4.iil.ll~:-~ ,c' 1;1).\\../' I ". '0 J:::.'......s. H;Jw, ,..:J.,uhfu. ~ : ~-Y:.::~. I \~ ~,;:C~1~~lrrT! llL1~nmTH.m:::i ! ::~tfl{"'~-,,' // / ' :(";'\,--,::".(\/,...-t:--:::.::il1 VbsJ.!>lliJ 'w...Q . C':v.) ~'J;.q,.. _____.1 """"-y"IT', i\' ;'-:1'1:3:1" r rl'TI'I'iu'fllll TU"7..7r <Co, / '~11tTh!ml~.L-x,4-!i,rhm+:'ri'i~~. ,::t..~!//:!:j///^, '.( !.E.... Property Owners in opposition ofthe request represent 4% of the area within 200 feet of the subject site. Public Notification Date: February 8, 2006 200' Legal Notices' sent via Certified Mail: 86 Number of responses to 200' Legal Notice: . In Opposition: 13 . In Favor: 4 . Neutral: 0 NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please. in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 7620.1 AUn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: Neutral to request Gsed to req~~ 1 I oppose the section 35.7.8 "overlay. amendment and Alternative Development Plan for the following reasons: 1. it does not satisfy the open space plan, nor does it save or replace an adequate percentage of the trees it will destroy. Consequently, it does not meet basic requirements set forth by the City of Denton. 2. it destroys approximately 11 acres of the Cross Timbers, an ancient and irreplaceable ecosystem that constitutes the only old-growth forest between the east and the west coasts. While native oak species can live for S;9veral centuries, the Cross Timbers Forest itself has existed for thousands of years and is an integral part of our region's history. Because of its important historic and cultural role, it deserves recognition and protection. 3. it degrades an environmentally sensitive area by reducing environmental diversity, habitat variety, wildlife! animal sustenance, water conservation and recreational opportunities. It will reduce air quality and cause soil erosion. The ecological loss will be profound. 4. it allows a few individuals to profit at the expense of an entire community. It will destroy an irreplaceable asset of our community, thereby reducing property values of our homes. A 2005 study on conservation development conducted by Brown and Hofmeister demonstrates that open space preservation brings long~term financial success and stability to communities. This proposal is not sustainable. 1 --.~ Signature: -:::---, 0<::..--_ Printed Name: Li"'. I ~ ' " b l'l "-.l '" Mailing Address: 28 z, H~ ~'=F'"(')f.D e.D City, State Zip: D t:.IVTD N 7"><. -=1 h Z, 0 Telephone Number: ~"io. 3"'1. 83~'-l Physical Address of Property within 200 feet: < AM i=. " s A bO u L CITY OF DENTON, TEXAS CiTY HALL WEST. DENTON, TEXAS 76201 . 940.349.8350 . (F) 940.349.7707 200' P&Z Notice NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the pUblic hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle bne: _~ Neutral to request ~osed to requ~ Reasons for OPPOSition: T\-IE: ~'rO';A1. D6es !JoT IME;-E,. ~e \\"&"~I' ~~Il~IU'ME:~ SIfT "6,.1'\01 ~'! T\.I6 'It'-! 0"" t><fNTbN: = IT Po6~ N.,. ';ATI""'! l\-ll'; Ori;N "S1'Ac.E fl.Al-l, ~,. \lo~ IT """'IE. 01Z. Hf'l-....c.€ .A'-' "'l'E-dlVAT'E- ~c.€l""A'.~ ot'nIt ~ \'T" 1N11.\. t>e-~'1 -me, 1'P.6P<x:AI. Ct>tJTfLIl;\Jrt';; "tb 1\.If. t>~Vt;l'IDI--l 6F 1I-lf" V~I~\Je ~% TIIM~~\l-I5 t"<l~,.. 1i-\E f'Il.t>-f~J.. l>O'es ~ C.P.6.A~ V~lllvE ('IlLW'jI.,b.i-, E'!J\I\lI..lJVIA~N\A\.. "Vl. eU>t"lO\M(<.- "f'Plll-iVtJme<;, m~ f"/l.<Il'O<;Al- Do&<;. ~,. 'Ol"T1':.I~lire 11> i1-\~ , t..o!-1lr'~ I-\€.A\.;T\-\ ....1-'0 f!l-oSfH.I\'i ol""tHE C.I'T'-\ OI"Pe-NnI'ol. Signature: Printed Name: tlA\"D W. ~Jl>t>AB,A.U6-~ Mailing Address: ~21 1-\l:14e-I"oltl> I4J City, State Zip: ~~~N, T)(. 7E,'2.\o Telephone Number: .,~O . '2.0b' C;"!"l"; Physical Address of Property within 200 feet: :L~"Z.\ r\e~l"d~O tz.p :';.;,~' PF.~~ ''.'.;::\>" CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.3498350 . (F) 940.349.7707 NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River LaCle aod is within Neighborhood ~esidential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: --- ~~-- Planning-and"Oevelop"memOepartmeilC 221 N. Elm ST Denton, Texas 76201 AUn: Lori Shelton, Project Manager . -_.. '--.~_._--~. "-- '- .,_._~-~- - These forms are used to calculate the percentage of landowners that support and Oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: c:::-=:=-_._-~"-." Neutral to request Opposed to request ) ...----- --------- Reasons for Opposition;. f (!) 11 , \ .1 '- 0..c..:c.,z.u\-.-.... ~c..h.j.,,", \ i.,.-,,,,\r)\ k-{c,> c.. i()..:,V\() .J' , JC+-\() c \ , .. \, '\..~ .,.,1."'-\6"'_ \_ S'-I'1.c..c.{~_~.1 j.. -,V\ .,:.., [) :5/ Dre..c"c,/",\ ,,:)L:- /1' i \--:->". I rF, -- S:;.--'".,,, " --Y-lc~'~Js;..._or=- _~r,J0.'---'--f ._~/ 1,\ "\/b.~,-IVc.,>t"..L'<" qJe..- c.lVGc,c\./ \0 " ; "'. (~) e~':" I) e 0 -t. Ccv<;.b' ) cl ~, , 1(, (:;'''-'-~~':''' i,,\~~_~ [(: (' - '\ l \_, \ \--0 N.QiC\;\.\')ccr,"""".,-,jc \ (. I 1 i) v" V) \ ',,-, 'j's -7..2.---- ,-.". 0,( 1'\ c-c, e... "1'"', '"\'("!I cUI Signature: . --, ~ . "', \. : Printed Name: .--jOC~-c~v (0 Mailing Address: . 7":..0 \ \'-\p .--~ ~""''{) t-'(j City, State Zip: \".')"'<'''' 'i' (./v--. \ 1- j{P? \ IJ Telephone Number: , C1 d n ~?s'7 OC;'-,? Ph;sical Address of Property ~within 200 feet: Z<2: 0 \ 1---\ p ,ieFo..,() ~ ') . . C) , to ,1\/\, .",,~-~ -r-() _ r-c~:>.{_~f"-..9_0 r-' _, -i.-- '-. . -" \ \ /" '''-0 C -+-c;.._[c_~, c....v CJ,_,:./\ .),_..r~' -:.. ..", CITY OF DENTON, TEXAS CITY HAll WEST. DENTON, TEXAS 76201 . 940.349.8350 . (F) 940.349.7707 ::,,';:}'PS2 !\ir::!i(;c; NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: ..-.---- -.---- ---_._--~ Plallningand DevelopmenfDepartment ",- 221 N. Elm ST Denton, Texas 76201 AUn: Lori Shelton, Project Manager -. ---~._.._.- -.'.--.--..----. .__.- These forms are used to calculate the percentage of landowners that support and Oppose the request. The Commission is informed of the percent of responses in support and in OPposition. In favor of request Please circle one: Neutral to request '-----Z Opposed to request Reasons for Opposition: i / / · d..~ / Signature: )7/.<:h"Z-,1Kf k~-1:'J) Printed Name: '(1)r:-, r 4- '. <0 ~ '" . \,<1 G..j ') '\ <7 Mailing Address: ~ G ').. '-\).. 'D", Lj-~ cV ),--:> \l.... . City, State Zip: C,JJ6l.... ~.rJ}.h \ Q.1..'f\ S ') (, '}-J.\ Lj Telephone Number: C"::;\40, YJ.,!4-. \ - ':')<;(~C\ PhYSical Address of Property within 200 feel: CJ~\~, \ ':;:;2,.. i "f!"h ('I ; ~. ::'>;.~'O'p~\? N(l{j-;<.' CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8350 . (F) 940349.7707 NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N, Elm ST Denton, Texas 76201 Altn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request ptease circle one: Neutral to request Opposed t~reque7t ---~/ Reasons for Opposition: .-(:_----~~-:> , Clr,.'<- I l.,-:,;.l \C, ,.' -'" e".'-' r, 0> \) 't;,' I, .~\\-;- .' ,..) C\lr ,', .;.---- C. 1..120" ./~4)} r\ ') . 1\.-1...-- ; " 'j o . . f\ ~-4- L~v( ___'\ c::- ~_, _ L I-v-,,,, \\~,{ ./'_.-? ' ...,......., CL,::tA__.-" ~''-2. .k-C." " f", .' :::;{. r,~ e S t (\ ~ .(;~~ __ --- igna ure: I .:' ~../ ~-----=" '.- C '-~.. Printed Name: "~'V";~{'-'" .J\ '., - ,[,.r......'l \ J I ''0.. Mailing Address: '~(...,.'),,< -+,<<. vI-\-' \3'\ City, State Zip: "~''''\\-'\>'' -y' 'ifl./' i \') Telephone Number: ''I (( \) ~?!' 1 = '),':; i Physical Address of Property within 200 feet: 2{,-,;-',(' \ .,' ''''l./'\,J, '.- , ,J J\~ (> ; ; (,..Jtu, "':: k",)\, i.. ,,:{~ o CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8350 . (F) 940.349.7707 ..' ::"Pc::~ I,',',,:'r,,'" NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday. February 22. 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12). and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake. Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 . Altn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: Neutral to request ~-------_.---:::::...--..... l.9!,,=-osed to re~:~_,Y . . ,..= Reasons for Opposition: /c [/.{.. C. ., ./In'' ,/'/, /-/ 10 ,.,;-;J..., "",/..-;/ // ;.4... (_.; ,,,/~~~~.,/.,', ,.~ ;":," ..... /. o__C..-/ ~.. /..... /........_ <..-... l'/'~.}.Ih,'.~. 5).,r' ::.-f:.:-,O-:;Z._._ /~4 ;fee'5 (l'/--f (./",,,../ iJ:E. (G" <~<? bl-<. . /... -! fi!-' . 1- /2 -~ ;:.," /,' C:-'" '':::'_,/j .:{j .:'72~~. ~-~~~:.:... ~7- \..- 1...7 '-'" ~ -~ .....&<"---C]- , ;; /.(' (,,~:/, /'(/~. 1'(>:-:__/1' (.~/')~--. . '.'7>~ /.'/~,:,.._<.". ,-:{/ !~, 1:.,<5- /' /;.{./ ~/. ...., - '" ~,. ~,"'. j:., '(.-,:/. -j;\. ,~" (-.(. -/'-'/ <f,._.'....<. S:;...~/c.' J;,. /:"">' ./", . .~':"/L.4..r(7 14 lti./;> //Fl/f.',,'~ --;-'-'/' l......"- ) f"7,:,'r 7(._ /;'<: "1 ,-:;...,z.~'. / /{)L:,5- ~<</A.J . ./'. c;--/ . , {~'.(.L.-/-'- "-:.~-;/.. . ./ I / /7/;' l,;,.~ / t/ " ;,.-'- i 1 Ii <-..... / .;/ " J /"1 -1-JLc'-.L:ff-:.~ ;; ~<;" i<.;~ "f?;- (;'hj;;/ i'lill.z. Signature: ,,/.' ~~~ P. dN (' 'r? /- D/"',;v.~l/ nnte ame: :/0/<, r'-/-> c..- Mailing Address: 3[" 2 S ,r'% /'h'7' .z;,;-- City, State Zip: ~P'i..-,'<T7i7.'1 7;<:.. --:?i>2/ p Telephone Number r,;iVc1- '5 cS; ') ~3 ) .5 ff Physical Address of Property within 200 feet: [J.(, c; -:-S (, 2$ ;::'://..-'/l-) f~ ' -.---./1 . / jf /. -,.,.~.t';. "":_. C,-7 CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.3498350 . (F) 940.349.7707 ~'(1,! {\:.2 ':\',,!;,:-,. ..r NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22. 2006, to corisider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown. (RCC-D) zoning districts. (ADP06-oo05, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hallloeated at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing_ Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 . Altn: Lori Shelton, Project Manager ; Co/{ ) '''--- These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. I n favor of request Please circle one~ Neutral to request ~;~C;e~ ReasonsforOpposition: ~ ~ f .J.~ ;r <' k5 . 04/ t'~ yd-L, t.b ir<w ""II J~.<;lw~ ~ /41 hfh/~ b, ,/;,/{/ /;t/C/Sc'-e/ C417 }.;J+ b-e ~I (+ h ~re JJ0 )lJ)-, S--,/~/~ fi~ beer; . 0~ /?//.cJ t:e Y ~//)-ca~ ~ .. " .. ,1l;. JJ~~ I1U &i!~7 ~-0(It:c tf/?)J~ Signature: ~~~ y J Printed Name: Cc.-- rA; ") :13 :- ,.. r 7 Mailing Address: ~ ~., hy!' tJt?' ' City, State Zip: ~ 7X :/62. 10 Telephone Number: qt/cJ----. :JJl 7> J 7} ? Physical Address of Property within 200 feet: ? P 2. 5 . A, 'h?T I"^. CITY OF DENTON, TEXAS CITY HAll WEST. DENTON, TEXAS 76201 . 94Q.349.ll350 . (F) 940.349.7707 _~1)11' P8.7 N(,lio', .,,,,,,'..,.' '~'.,--.' "'-"", ~ ~ II . ~ II . . II I . . . . I . II II I . I . . . II . . . . II . . I II I . . . II I . I ~ II . . II II . . II I 11 II I ~ ~ NOTICE OF PUBLIC AOP06-0005 i j-=-= - - -- .- -....ARTNl., . .~. .. --. ""- .~ m E m II m II II II II II II II II II II II II II II II II II II II " II II " II II II II II II II II II W " II II II I II II II II II II " II II II II II II II II Thea Planning CiilG Zon::-:g Comm~ss:cn of the Ci!y of Denton will hold a public hearing on Wednesday, FE:biUari 22, 200S, to :.:cn~!der maKing a reC'ommt:!n(f~tion to City Council concerninQ an Alternative De'iolopment Plan fo:" nn !::"!vironmgntaJly Sensjtive .A,re~ Thp. 133.5 acres site is located south of intolstato 35 ~ast along both ~ides of VVind Rjv~,. L~"e f'nci is within NeighborhOod Residential 2 (NR- 2), Noi9hbvj~'vod Residc:1ti~f r-.~:xod-Use-12 {NRMU-12), Rnrl Rp.gional Center Commercial Downtown (RCC-D) Luiiing d;3trid~. (AOP05-0005. Unicorn Lek~, L.ori Shelton). The public hearing will start at 6:30 p.m. in the City Councii Chambers of City Hall located at 215 [. McKinney Street, Denton, Texas. Because you own property within iwo hUflljl~d (200) (fief of :l,6 subject property, the Planning and Zoning Commission would like io heat how ,Vuu feel about N,ls reauest and invites you to attend the public hearing. Piease, in order for yOUl ujJinivll to be taken it/to account, return this form with your comments prior to me date of the pubiic hearing. (This ill fOQ way orohibits you from attending and participating in the pubiic hearing.) You may fax it tu th~ m..imber localed al the bottom or mail it to the address below or Orop it off in-person: Plan.ning and Development Department 221 N. Elm 51 Denton, Texas 76201 AUn: Lori Shelton, PrOject ivlanager These forms are used to calculate the percentage of. iandownsrll ihai suppul1 alid uppose the request. The Commission is informed of the percent of responses in suppori and ill Opposillon. PI08se circle one: _.- p' .. ._--..-. I.... ~..."...... ....f .."'......ne. Ii' ,l,;>v..... ..... ,~'1........... Neutral to request ~~ Onoosed to reQuest , \. . . .---..-/ ~. ...-....-----... Reasons fer OPPos!t!on: C';.........~f,,,..o. -y .;_./;/~~ _."..~._... " ;r;;'{I;:';-- / .~ .~ Printed Name: - '/j/llt(Ji?ri./ rFAFPI- Y ..A....;I<...'" ^~'"'..f"!~(,o. "Z"',,CD ~..,~..'.J f...ffl.HIl,/JI<n../ d1:i~.?/ ...........~,.......'..;.-_. - ~ -. - ~ - -' ,.,.,/ '" . City, State Zip: (OR.hV'77f.,. he 71<:> A/V Tc!cp!'-.one !'h.:m::er: ?t(fJ - --;I5P'- >::?~ r Physical Address of Property within ;/00 feet: ..-') -~-,;,_ . .....oA ;''')..-- .--1'. tJ/.1rn ,))V;; r/'1/N7 I/IC..,. //&"/V/v~--v; /}l.~ 1""_' CITY OF DENTON, TEXAS CITY HALL WEST. DENTON. TEXAS 76201 .. 940.349.83~U . (")II4U.)4".IIUI A .... ~.n_.. . .., ':;".;'.i,-""",.I""lt,r' Ja~ Powell '9401535-1287 ".2 r II II II II II II II II II II II II II 1/ II II II II II 1/ II ,I II II if II II I/' II II II II II II " II 1/ .1/ II il 1/ 1/ II II II II II 1/ II II II /1 II " ...... " ... . d~ . ,,'..,.,. ,-------:. II /I II II Ii II /I II Ii II II II II II II /I /I /I /I II II /I /I II II II II II II II II II Ii On'!>>.,."'....... ~.....- n......__:..:~_. II . ,.._...v..... ..... ....,,.,jJv~jUV,I. . . tl " I r.\ , . -' . I ..u... (\C.",'l,'LL"-J~{"-ii.S('i....nlU'''_''\' I.U} il{11r'L1l1 iI'''"] ....tile ,<'A.II:<..,nll.\,tc.d I ..j.LL U\.<:LL"ciL(.i.., .--C(.. 0( J-..-j. .J.>U.u..tr' w~.j) ~;(C' (~'" J:c ~UI.L[ .:::L{,'.Ll (1 '_U' ," II 4..... ..1,. J~.. I.. . ~... r L 1. ':/ ~, _ ..-TO II "--",,,-,. ......v. '--~YL.1' \.J.Al'JI~a.... i -..J-Uj ~:t.'J i' l.A..-A^~J:f.I-c.(, IL.lJ ()1"f..1..... (^-'1..U..J.-H..lifl /),'''U..... /'l:.,'\~'\('....J. Lt., -,',.....- ~- "-, '..' "," "'~ )..j_j.~ 1-' ' (,.....;..'.-1'-' fl"'~'^"',,_,n/lll, .....-:--1'...1'................. ....:'--~....... ~"-'Ao..-.........J...LA.....~.fiVL (j~ lX...-"\J.L.( ~('';'."'7 -r~ u.'..f..1.-it..c .L^-:~ ~...........~-"-....~ ..<.t. .jtu.. ":ttwv\. ... .'. (L . t :ua '- II E''''.!!D~.~.l'!S!~T~:..y .<r-',O!Ti'JC AZC,:,. '--f:rv','. 'fJC<',.,j;. A.LCL<4(JA. (lti.ll "'-'t. <a-L'-"L'J...d GLt~ II "-,,,-,lL ..Lor"'" i'-"<:. '-(" '.(I, I.~' ,n: klICW,..<;t..YJ: aliUA ,,,,.t<. llAAil'~.I.Lt1<U;L,. <..A/\Al1d.fct'<j..lI '_~:'u. :0.."i.:"LrJi.'i '_'.C..,',,_.,'_''',*- ._,','-4:.'.... ....:.;'-"-'-'... ~ l-LM-U'.(J<\,,,-- ~. ct.a4- -~ e.c.~1'Cl.<{ II ,_J ," 'HLt J2;:.' . ,,\ ^ t "'" I '. '''-.... .... '. . '\de II .;)[',c-.',Ll. ''':'i:t. .-.r'c. ,-U~Lc'b"" hE~ ,l",LP'-'E"p T'';EL~D , '~E--'> II ;t;' , .. . ,,,""-.; F~,Ci ,,",1.1"'-01-'''''/<&: ~ c:-.....r,..... or,... '-L /, '" ,. ..../.r\ ,.=:1,)....,." I ( -" II ......,~"....,....,.... ",'~~l'II^-" ~,"\flJ~A.J"(Ll... , Printed Name: . k'.fl(()n.c1..Q. H)uoP {{ Ii l\A~iI;"''''''^M...I.....".... 7.&:;;:0 .\1,,,,..,.../,.. .- ()J..--.-J II ........".~ i'.......' ......:>.:>. ............... J'-J\f) '-.lA.. -1... It lJ)1 { :1/ f ~J I U (I City. State Zip: j\f; Vt100 ; IPx as :::J-io;;;"i n II T^'r.....h,........... ~(..,.....h~r. ()., I/) C::-:7r- ,.--. "..... II .'-.'-'~.,V.IO ,~.......~o;;,. -,.'"'--tLJ, ,J\..J.), loL_<f...,.... II 1/ 1/ Ii II II ., t\.II"'\TTrc: I""\F DI .D. .,.,. . .,... .. ".~ I,. ....- · .a.",,- V r VPL-.L\, nC:1'\K.L'''t7 AnDn~ nnn" .r~_1 """"-vuUoJ The PJ2nr,:.~;; u~d Ze~i~g Cementss;"" UI ii,,, Ciiy of Denton will nOld a public hearing on Wednesday, "ebru2'j! 22, 200;;, Ie cunsid", "'ciKing " 18t:Omrnendallon io City CounCJI concerning an Alternative !)evc!cp",c~~ r:an fur an Efi';;C""",,"iaiiy Sensitive Area. Tne BJ.5 acres site is located soulh of Infor<'."'....... ')1:: c.........., ....,........~ l-......L -:.....-- .r..,. ,....... -. h N' hb h d R 'd t' 12 (NR .."...,................ .......... '-"'.;II CJH.....I':J ,",V,li ~jU~:' VI VVIIIO K/ver Lane ana IS Wit In 819 or 00 eSI en la _ 2). .'!e:ghoc'hcod l'Iesiden:;al MiAed-U5e-i2 (NRiviU-12j. and Regional Center Commercial Downtown {RCC-D} ::o~jr.g ~;:;:;;Ct3. (ADPGG-OOG5, Ullicurn Lake. Lori Sheitoo). The public hearing wili start at 6:30 p.m. lrl the City COllncil Ch"'mh",r~ 0f City Hal! !o~ate(j e! 215 E. MCKinney Streel. Denlon. Texas. 8ecausevou own property within Iwo .hundred (200) lee! ol !he SUbject property, the Planning and Zoning Commission would Jik~ to h€:ar haw you fee! 2bcu! thif; request and invites you to attend the oub/ic hearing. PIe asp-. in order fOf }(0Ur opinion !o be taken into account, return this form with yOur comments orior to the rfme Of fh" publ!>: hearir:g. (ThiE in no way prohibits you from atlendinq and lJartjc~oating in the ,nllhlir: hpririna) Y0U m~}J fax it to the number lOcated at the bottom or mail it to the address below or dron if off in-nMonn' " ,. '-.. -. - -... Planning and Development Department 221 N, Elm ST Denton, Texas 76201 Altn: lori Shelton. Project Manager These forms are used to calculate the percentage of landown"r~ 'ha' SIJpport and oppose the request. The Commission is informed of lhe percent of responses in $OPport -9T1d in. oppositior'!. Please circlp. onl>: I... f..........._ .....1 ___. .~.~. ", 'C>~V' ..." '\:;;I..jUC'~l N~uirdi to request , ~ ( Upposed to requesl ) - ----,-",-------....",-"-". --... Physical Address of Property within 200 feel: 353b ~ Ul clOw;") {J,/ ...i:1 CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TFXAS 7r\'201 , 9dn U9 R1SD . !~~ c;:ld(),~.dc;:l. 77('7 NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: --- -~-_._._-~- ., --- .-....-.. ~.- -.-.- -- - ---- -. - -----'-.- .... ._-- Planning and Development Departmemt' . 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager - ~-- '-.- -.----..- These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: Neutral to request (opposed to reque~;) Reasons for Opposition: f\ \ ee..-\ --",-r) ~ C,O( 1 '> ( "\\Cl \- ,"'" \2) rC'j ~::~C:1 ~('.-.' c-\ , c"I,r "1-1.(0 \nnc\ I'll r~lc:s:'-\--\n(~) ".-.--.-- ----- Signature f0~~ (i, U/;~L-:;~~~_ ~/~~\~~:~'l ~)":::1 LLH~L Printed Name: II' '--\ ' .\- b,\ r\71..t , . . -',c\" , r' Mailing Address: :";i---<:,/ \-=t'1 n-\- Dr City, State Zip: f':x:::n-\ni\\'-I-- "7~. C\C Telephone Number: C(\..\().. -S:"-"C;- -..;;J [. :"',c'7 Physical Address of Property within 200 feet: ?'~r,\ Fhl!i\- DI?lc-~r':i1\Oi\ \\( CITY OF DENTON, TEXAS CITY HALL WEST' DENTON, TEXAS 76201 . 940.349.8350 . (F) 940.349.7707 ~'OO' !:':.Z !.jol!ce NOTICE OF PUBLIC HEARING ADP06-0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an Alternative Development Plan for an Environmentally Sensitive Area. The 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane and is within Neighborhood Residential 2 (NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (ADP06-0005, Unicorn Lake, Lori Shelton). The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop il off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: Neutral to request Opposed to request Reasons f~r Opposition: . . \' ~ ~ .1- bo "'at\\- th \ ~ \'" l' L"^d:~"3:t,,,4ift.c) -t:rJ,::t i;t,t\.W "v,;c""d 0\ ~:;;:t. So f+. P'Qt:;:.:,.,.,- 11~ ':\ .{'2-0'(~. ,,/~(>t ~ ~ u ~ ,I \ ^ C' . I . -+- n ., 10' ..,.,. .LAN"- (~ ~ J 6c~y h--. ~.~, v...'vr. n. t;:$l(JJ. l.l\2.:. llA, ~'\...VY\j ~. -tMJ ~\}L,J.J a.U,if4 ~'tC - .t~^'~"'J h."0/Y ~, ~.i7- h1l t;., M'"l f.~1 (Q^~ I \I"" ,,,,d..<.v."T,,,,,O;:~ ,,"," lx-ocA (^~ ,^,l.tl- jr". S\\ ,1.h;.~ YAO ~~U- ~ii~ U> D/,, iCG?I ~" ,,,,ilO\1.1:,f2..,,,J ;,J(MMJ ",,,-. Q.. '\X'~d "- h;, teL... "PA:"'L" .f<,-- -ti~ ~"". S'",'(/,,- {":,,,::,"1 110'1'0 \l->oM1J .'1)' I",,, ~ o"'y)'l. ~ d-;. 103 .> y ~ C \ ~ \ ...0-11 (~,~bJi) be (" 61f-Q.A-- ct. c"",.~C'?J'",,~' ;;jc' t+uJ l'/l, Signature: Printed Name: DR" Hh \ \ Mailing Address: 3:5 n -P"';'''1'' bQ. City, State Zip: lJhlTuH I -r;::. iGL Ie Telephone Number: 'lYe- 5:3S _ 2-:;7"'1 Physical Address of Property within 200 feet: ~ e <, . CITY OF DENTON, TEXAS CITY HALL WEST. DENTON, TEXAS 76201 . 940.349.8350 ' (F) 940.349.7707 :"'-:;) , (\:,'2 ,:~,(,{,;~\- I i FROr'1 : JAI'1ES FI'<t'llLY rSD LV \..1'0 !u.".)a FA>-: uO. : 6369337623 Feb. 20 ~jOb 12:50PM P3 NOTICE OF PUBLIC HEARING i AOP06-o005 i The Planning and Zonfng Commission o! the City of De:"tton will nold a public hearing on V\l~cn.~t'jL. Pebruary 22, 2006, to Consider making a rscommendation to City COCJl1ciJ concerning an AlternatiVe Developrrv;nt Plsn for an Environmenlaily Sensitive Area. The 133.5 acres site is located south :of Interstele 35 East along both sides of Wind Riller Lane ar.d is within NeighbM100d Resider-tisl 2 .NR- 2), Neighborhood Residential Mixed-Use-12 (NRMU-12), and Regional Center Comme'cie, DolNnto'~n (RCe-O) zoning districts. (ADP06-QOOs. Uni~om Lake, Lcri Shal1on). J , Th" pub/ic hearing wiU start at 6::30 p.m. in the Cl1y COlJnc'l Chambers of City Hal! locate:l a: 215;E. MCKinney Street. Denton, Texas. Because you own propet1y wltllin two hUJ'ldrcd (200) feet of the subje1;t property. the Planning 8n<1 Zoning Commission would like to hear how you fee, about !iris request ana ,nvilliS you to amma the puolic fleermg. Please. in order fO' your opinion 10 be ta~en irllo account, relum this tonn with your comments prior to loe oate of the public hearing. (7hiS 1n no WilY pro/libits you from ar/ending and Pf1rtic,pailng' in the publIC heering_) Yeu may fax II 10 t~.., nurrtjer located at the bottom or mail it to the .ddres. belcw or drop il off in-person: , I I Thue 1.......s are used 10 calculate the percentage of landowners 1hat support and Oppose iii.. "'quest. The Commis<;ion is inform eo of the percent of responses in SUPport and in O;lposioon. ; , Plar,"ln9 a"d Development Department 221 N. Elm ST Denton, TeIas 76201 Attn; Lori Shelton, Project ManaSsr In favor or ~equest f'lo""e circle Ohe; Neutral to request I i I I (?ppcsea to requ~ R.eaSOl1$ for Opposition: 0::;-.......... ~Jp J S-k...,t.~",,-,,~ ,'. :~~:~U:~me: ~:Ro~.,1;:::)-:,p.s ~)~/~,:t~ Mailing Address: shoS" I?"h-v'/ Dv.~ City, Stale Zip: lJ",..,<:t", 7X '7b ;;'/'0 . Telephone Number. 9"10 s.'1S"- /Cj7& (;.3(;,- <I~~-4~b Ph\f$ical Addreae of Property within 200 (....t. ':3 ~".'~ 12../,/./ f 1;>,-. u'.e,.. CITY OF DENTON, TEXAS I i I I CITY HALL WEST. D!:"ITON. TEXAS 16201 . 94U4S.d350 . (Fj 540.343].OJ I I , i :c:" PlZ !-:(.li~ t1<;1/1J/~!j03 ll:lq ":i71-'366-:2673 [HE l't:.LLAP PAI.;t ui I I I I . . . . . . . I . I . . . . I . . I . . I I I I . I I I I I . . II . . I /I /I II /I . I II /I I .. II II II II II II II II II II II II II I II II II II II II II II II I II II PI~"~a r.irele one: m (~P-P'"_"_ -~ Ii ___ V USbU lU requtis, ..._J m Reasons far Oppasiiian: II !.till- ~ .. ,..,. l..' . .' 1-' +. II - ~&t,,~/U/T1i...,.f}-~'7r~"';"~'.,~/vt..u:.:..,...,.... /1.".../ _...._-~ ,-- _ ~~.... _/v~_.....-~ II A ---.J' V . .. ~ _"~""fI... 7f . v 17 ~. '~~wt.;-"".,,,,~.__.- .,__""r.:..,_ '^ J. I -"- fi..J II .. /1 ~....uv~_...-"~........................~J--oj",~",,,"" - L.ii'~'---" - F.:.V .... v II ~ ,,"-:::-1 ,.-/.....V.A/....c,~\i;. ~4' ,I .,.....J-- ~. . _ . --,- / ' II t V'~ <./"LL<,.o~;r--;..cA:A..t~'. 1 ".~,6-i-~d..~"h..../ , ;,,' v " II i- ,'."- . ;." . ~ /. . ''-''1-.~...",-.~'' _TA ,', _ ,,_, "T" / 1./; /. + Ii , (/ ~~/...~~~....r~ r~'!.l..~....v....:-~~/~..,L.~.J II /<t..-~t: -",-,,_7- /lhA.;./~~-r~ n A . II ~ ,... r.~4:-" /' -... '~V:..;"-L-tO-.~.c~N..L~V-rV~~Ly"#~~~'. ~..~:<JL~...."'-"'~~A~~ : 3.~ H~' II ,~~..,..JJ_..,..,~. """ '" - "'" ,..........- -", .,~. ___.... -"'" ....,. .~-"".A"""",J'''' .J"'<7Il".r.A........~J "'f""L.,..-.J Olyndluic /-;/~y L,"~n.,.,-~,__ II II II II . E . II I II II . OF ...... .""'. ...,. t'U DL..L\, HEARING ~I" 1 T Cf= ...'-" 1# ___ AOP06-00G5 Th~ P!a~r',i!:g ::md Zoning Commission of the City of Denton wiif hoid a puuii~ ih3ai;ng vil \^.'cdncsda}/, F~bn12!J' 22, 2006. tn consider making a recommendation 10 CIly Councii <,,;u(IC€:iii:iig ail }\!tefm~~~'!~ Deve!opJ1'1.~",.~ PI;:\n for an Environmentally Sensitive Area. I ne 133.5 acr~:s sllt7i ;.; located !:outh of !t'!ter~!~te 3s t;;:tst along both sides of Wind River Lane and IS within Neighbo(hooa Rasicent:n! 2 {MR. 2~, N~!ghhnrhood Residential Mixed.Use.12 (NRMU.1L), and Regionai Cof#iler Cviiimarcia! DOw.l1tO\Aln (ReC-D) zoning districts, (ADP06-0005. Unicorn Lake, Lon Sheiioni, The PUblic hearing wiii "jail at 8::\0 p,m, h lh~ C!~y Cl)lJn~i1 Chambers of City Hall located at 215 E, McKinney Street. uenton. Texas. Because yo:,.' Dwn prf)p~r1y within two hundred (200) feet of tne slJbjecl property, {he Piartlihig and Zoning CommisS!(ln IA(()IJ/rl like to hesr how you feel about this request ana' inviies you to titter;,j U7C pu'bHc ,'Jeering. PlpA~ei in order for your opinion to be taken into account, return llli~ form with ,our CC:i',~c~ts pri~~ 1.0 the dr1t~ of the DubUc hearing, (This in nO way prohibits yuu "um attsnd/r;g I1nd psrticipsting in r"~ .nublic hearing.} You may fax it to the number located c:.i tlU;: boit0iTI Oi mail it to the ~dd!"es'3 "~10w or drop it off in-person: Pluiining and DeYe~~pment OApartment 221 N. Elm ST OGnt~n. Tex~~ 7'3.201 A~!n: Lc-r: Sh~!!o.~, Project Manager 'Thueo forms :rc used to ca!c!J!:!t!t t,",p pl'.reentage of landowners that support and oppose the requc~t. The Ccmm!ss!or': !S in{Qrmelj of thp. p~rcent of resoonses in support and in opposition. In favor of request Neutral 10 request Printed Name: .~L /l /1/7 "fJlf= I) A~_i"_.... A"''"'r....-... ~ ~...., f / I ~ '"'':''''' '::f ........'v.:.o..:>:.;;.:..; /_ '"""T' -- .- - "- -' ... ..../ .J '--, c..- r 1.",.. I , __ t~ City, State Zip: ne", TOI1 T X 7"~ "0 / T...'.......io....."'... ~I.,......h^ ' ,., / . ......<;;...."......... ,"u,,,.....<..;:". 77~ b,,";;:" 7/'_ Q./ 33 ". Physical Address of Property ,.i'''i" 2QQ '~?l'" ~ ~ ' ~ . --...:>~ ........./rr....~ c~.~ u~~ v CITY OF DENTON, TEXAS CITY HAll WEST. DENTON, TEXAS 76201 . 940,349,8350 . (F) 940,349.7707 ",'.~ ~":,. ..., ., . '"... .... 02/21/26e& 01:25 g005352336 tJfARLA CARRICO PAGE "131 r ~ I II . I II . I I I . II I I I II I . II I I' II I I II II II II II II II II I I I I I I I I I , , I I ! fI II II II ~ II II 1/ II II 'I II II II II II II 1/ II II II II II II II II II ~~ II (Opposed to request, ( . ) II '- .-----/ . , I ' - uJ~'Ct.? I I Rc,:;{ms for CiJPOSi(iQI~;J. __ I J _, . II - I ." I A _ l~ ~ ~ II ,y\i) '').--l<4Y..v7~-.f (.i=Nl /d- fJt) fNl11T )<>oJ rVItYU1.d \f'11L I!1!Y ... <WI c:s r;- II . I '-. i f I J A 171'1;\ '-v"'r.lU f"uJ::t ":'uJ" v.J>.f~' 'rAP ~. +M- II ~ -.11 I. - . () A ~ I, I A U, Ii 0, / .. 1/ ~J IhD"""",-",,-, r\ti.-\ v; 1.% f 1-1 t.? V-f rU<1k r-e.r' Nrl<Llj. .cuI/Vl ~M _, 1/1 .. ., ~/'v / I A /; I L -I. (" -./ /~ II ../- -- /1. -::/ II I{I' - ~vry rv.dhdi? liA{J Y.X-<..tM- r~.:.0...C rr; /~ r-=-rAd.<? . -I. 1/ '-" /"'-4--- IJ I:J~ AI/~ '-- I() A /& l / ,'" II LrrAA C<f/J{A <7'1 'p1(i q u"> I tlq/t.') m r/J'W. ~.I/4:JdLlal'( u;( Y--I14 '"14.0 II . . .,..;Q 1 II. I (A / /1- ~.. / / rtD r- 5:<;:}A'-'l....-;-rv)J M i.v-c:.u <0 pJ~ JIYJIW\_ JJ!!./J!W~ V--t.h1..P II SignaturE>: '" .' I " (I /I -0 - _J II Printed Name: 'fij'hV). U/f--.dl - t.fk'1C'. t,/l./e~ 1/ .-:"). -,.. I. . ./ IT\ II Mailing AddreSS. ...,~o '1 Y'<.'/'l r llh - ii City. State Zip: U A......JffV1, 7v /6Q! 1/') II ;.;,,- I~'~___, - -- 1/ TerE>pr'rUlIe Number: '7 '-to :>.:;>::::> <:::0 ~~ 1/ Physical Address of Prop"rty W~hi'12(1(1 fee!: ,~(,o1' ,~.;.,,/--;f-- t1-; _ II 1/ II 1/ II Ii o...--T"- J"'\e n. In. ...... . ,~ . __0.. ..- r-~U ; .......1: vr FVDL.L\.. MCAI<.LN(;7 AF'\~n~ ^^"'r" ,.."....- UV.UUU;.I The Plann'n; a",j 20";"9 Cu,"mission aT ihe City ot Denton will hOlO a pUblic hearing on Wednesday. Fcbrumy 22, 2CCC, to ~ulIsiuer making a recommendation to City Council concerninq an Alternative Dcvaiopm&r,t Piar. fui "" Enviranmentaiiy Sensltlve Area. The 133.5 acres site is located south of intctztate 35 East dlui'!,! uoti. sides of Wino River Lane and is within Neighborhood Residential 2 !NR. 2). Ncight,ui~,oud Rbidelliiai Mixeci-Use-12 (NKMU-12), and Regional Center Commercial Downtown (ReG-D) zuning u;i)t'il,,;i~. (ADF06-0005, Unicorn lake, Lori Shelton). The public hearing will start at 6:30 pm in the City Council C.~ambers of City Hallla.;;....d at 215 C. McKinney Street. Denton. T exas, Bec"/J_~" you oWn property ,':ifhin f'....o h;.;nG,e,G (200) f"'it; (J[ ine subject property. the Planning and Zoning Cnmmi~~i(!.n ""'o~'id like te he:;;r "'uw you fe",; aboutlhis request and invites you to atft;md the pub/;f7 h$~ring> P!e~se, i~ crder for you; cpinioll to be lakt?il into account. return this form with your comment$ f."io' (0 t.~e da!e of the public hearing. (TMs .Ii Ii" way prohibits YOU from attending and partit;(n>>ling in the public heerin;;.) You ....ay fax it jo in.. number located at the bottom or mail it to the ~rlrl.rl?SS be.l~w 0f drop it eff ,;:,,;-pciSon: Plann.ngUand n~ver<'f'm~nt Dep~rtment 221 N. Elm $T Denton, Tt!""" 762(11 Attn: Lori Sh~lto~, P!"'1jeet M=n~gcr These forms are used to eall;..J1lrt~ !h~ p~r':er1!"ge of !~noownc;:; th<it sUj>j>vn and oppose the request. The Commission is informed of the perce.~t of re~p~nse~ in .s~.ippOi1 Oll\j il'i oppo.!.tiiion. Pln~~.o .,..ir,..l.... .......~. . .---... ..... ...... ......... :,1 favor of J'equesi: Neutral to request CITY OF DENTON, TEXAS C!TY H.AL!.... 'NES"!" - O~~~iOi';. TEAA~ 7Q20 j - S4D.,;.;;,.aJ5U . (F) 940.349.7707 .':'(;(.' ~>~/ '\'(1:.'(;(, - Fee 22 u6 04:44p 21450:38254 p. I ~. II II m II ~ ~ . . II I , , I II II , ~ II II II II II II II II II II , II II II II II I I I , I , , , II I , ,I I , II II , 'I ,I I , -- ~ '-"'''''e ,,~ n. II"U T',. L'r: .U"T'ldG ''''V I .Lv - vr rVp&...L.... nt;""~...,~ r.. ~"^., ^^^" ,.""r UU"UU''''" Tile Plannmg and Lonlng CommISSion of Ine City 0; Demon Viiii hoid a pubiie hearing on vVeonesoay. February ~L, LlJU6, to consider making a recommendation to CHy CounGii concernng af! Aiiefflaiive Uevelopmenl Plan tor an t:nVlfonmemally SenSitive Area. The i 33.5 acres sile is iocateo ,;outil ui Interstate :';5 East along 00111 sides of W,lld River Lane and is within hieigilborhood Resideniiai 2 (NR- L), Nelgnoornood Residential Mixed-Use- i2 (NRiviU-i2j. and Regionai Cenler Cornrnerciai Downiuwn {KGG.U) zonmg drsrriels. tAOP06.0005. Unicorn Lake. Lori Sheiionj. Th", rnhlir h(>~rinG will ~tM ~t 6:~O rm in the City Council Chambers of City Hallloealed at 215 E. MrKinn",y Str.."". ORntnn, TR>~S. Becalls" YOll own propertv within two IIlIl/dred (200) feet of the ,~,-,bjpd rmpprly., thp. P/~nning and Zoning Commission would like to hear how you feel about this request flnd invites ynl/ fn flffp.nd fhA public heAring. Please, in order for your opinion to be taken into ~r,r:;0I.1nt, return thi~ form with your comments prior to the date of the public hearing. (This in no way prnhiJ:lif$ you from ftfffmrling and parfic~Dating in the public hearing.) You may fax it to the number lo~at",d at Ih.", hnttom or mail il tn thR ~rtrtre~s below or drop it off in-person. Planning .and Develooment Oepal1ment 221 N. Elm ST Denton, Texas 76201 AlIn' Lori Shelton. Project Manager These fnrms are u~ert to calculate the pl!rcentage of landowners that support and oppose the request. The Commission is informed of thE' percent of responses in SUPDOrt and in (,oDosition. Ploll3se circle one, in favor of requesi i"';~u(rai (0 H:KlUt::~l -~~ r,-,.... ..._.._ _.......;-... ~~~lJ tU .t:'l..jut;:~/ Rea5on~ lor CtJfJo~itiufl; ,4DP -/0 ,.4", 64 i; '"' t J'Arpd. ~ I OL. ('. V'I ............., """'ie I .~/.V "') J..d.u/"/l...,,.,C yC'''........rc.. -.J 71,) , iH.. I/AI....' '<;"'" , A.< I.~..'~_ Ut:.J1' U71'\.J __ 01 ,...'t "\11\(_ II -, tr.C"J . . <.l':'f'....,..... I ,".JV1""iILItWT. c_.II... I )~Jid H~Y qll~ J.n..A / _ . ,. "'0 LAnoy ~. ! f"\"\ ~~~,. Q~ 'tAvl".'\ h~,-... r",<'l.L ~...,.... 'w~ , .j.1,,, ,.." I... VA ,-U\t: ""I... A,L" 1\.'\ J. Iln. ~"'I'"I(&"' llftJY.,j ,...... rlt"~\"'l ..... ^ - ..... liM'" n t::"/\" "" _IV.M Sigi"ldhJi't:: ) /f.L-... A ~_ I , l1eVi/l J LhriSfi4t . '\{/'1 .P_ '^J. Ii.... ..,INI. 1"1"" 1./, . " -. _. . Ue/lt"". JX- '/6JJU, (}1VI. C"'U _ 1'1' '7 II.... J'.J'- ,'''''''_ . .-. , . }o/l d efJ Printed Name: "._,,:__ f'- ..1...1__... h'ICllllllY I"'\UUit1~~. City, State Zip: Te:€:p:--.Of,& tJiJmber: CITY OF DENTON, TEXAS CITY HALL WEST. DENTON. TEXAS 76201 . 940.349835') . (F) S40.349.7707 .., ~n', _. . ":,"'i.-,-,-:.-,.,,,;.. II II II II II II Ii Ii II II II II II II II II II II II II II II II II Ii Ii II II I! II Ii II II II II II Ii II II II II Ii Ii II II II Ii Ii I! II I! II II Ii II t II =,~~~,~ & TI ~ $.; ~ :l:l :l:l !!:" m W 0 ;.: W. &. :l:l '\>1 W $ W W. & :l:l ~ ~ 6:! $.; i:"1 ~ m ~ 'ftl m t,; ~ m ~ ~ t,; * w. ~ m !!:" j)(! ~ W ~ $ l% m ~ j)(! ~ il q ~ 0 ;t] 31l ,,!! t< ~ 0 ,~ ~ If !!:" fl ~ il N ll1 0. il $.; m ;t] t,; * ~ ;,1i !!:" ~ 6;~ ~ l% ~ m ~ 'ftl 'l!1 ~ w ~ 'l!1 ~ ~ w ~ o ~ &. w ~ ~ ~ M ;,1i fili If I 'ftl w ~ ~ m . N w ~ ~ ~ o o l% !!:" ~ ~ ~ ;t] m !$ >':: >':: o 00 ~ j)(! m m ~ )f.i R m m )f.i ~ m ~ m ~ ~ ffi m ,,!! $ $ 'ftl ~ m ~ ~ ~. 6:! m~ s j)(! & &. La1m fili ~ l% 'ftl il $ l% ~ '?il m, !>;I:: R m w j)(! M ;t] M ~ m ~ 0. ~ ~ ,,!! TI w 'ftl~ ~ 'ftl &. :l:l '\>1 w. m m ~ ;,1i &. fili N w m R t< 'l!1 & ~ N. ,,!! 0. ~ w !!:" ~ 6:! $ & w w. m ~ w 'l!1 ffi ;,1i ~ w w m ~ $ M R . w $ ~ & M &. ~ $ ~ l% moo ffi m ~ 'l!1~ ~ ;t] M ~ !!:" .Y~ "- & ~ w. ~ 'ftl m '\>1 ~ !!:" & ~ ~ 00<. E $.; m M w 'l!1 w. ,,!! 'l!1 t,; ~ ~ w ~ ;,1i 'l!1 0 ~ N $ & $.; !!:" t,; ~ t,; ~ 0. ~ w TI w m ti"i % ~ ~ ~~ >'.: ~ ~ ~ $.; ffi ~ ~ t'! t< 'ftl il & j)(! o N )f.i 6:! m. )f.i ;:r.: ~ & w m ~ ~ w $.; ~ ATTACHMENT 7 Letter of Intent Carter="rgess m.... s... fOIl.... T-ir.II:!I1t1~ PO b 9l)1OM ~~ r...1WH.)(A ~!Ilt~ f~ t1'~&e .... ~ '='" JaJutry 231 2006 ... KeIy Carpenter, AlCP PItmrng and DevaIopment DirecD PItmrng and Development Cly Hal West 221 N. Bm SInHII DenIor\ lUll 78201 ~ !SA RevIew and AIt8maUv8 E8A Plan lor .. Unicorn Lake DeYeIopmn DenIan. TaIS Dear .... c.pner: Carter & Bwgesa. I~ (Carter & ~) c:orDJcIId an EnvIla"lmnaIy SIn8IIIvI Areu (!SA) review on a devIIopmlnl 8118. lInIcom Lake 1 In DenIon. Denton CoIIlIy. T8X18.. The d8\f8IopmBnl 8l1li II IlppIM..meIy 125 __ Met Is located 8OUtIl8a8t at the ~ 01 Ut8. 1n181811118 I4ghwIy (IH) 35E IIld StaI8 Loop 288 (ADGIImInt Ar ..""",. 1.., J)4> Due to the economic redtIIe of ~ _ and tht IDoIIIDn of UpIan:I HabIIIII8 (u dBfhtd n the E8A ardn8nce - 8dJchIpI&r 17). wI1hR the 8dJj8Ct propertyll .. developer CII'InDllM8t the requlrernerd8 lor preservation of IJpIRI HabIIII8 . dIIcrI:MKt In QAxhapIIr 17 ~ O.e~, pr888MdIon 01 at liliiii SO% cA 1M Upland HabII8t C8J'1OPY COYII'). ThenIIora. _ are ~ 1111 AIematIve ESA Plan In aocordance wfth Sltdlapter 17~12 01 .. Denton DewIopment Codal TIU IetI.- report II 0IgII'Dd .. fdlawa: . 1..0 BacIvOInI - De8crtMI8 the E8A cIasaIIIcaIIrJM from IN Denton Dev8Iopnent Cadet . 2.6 MIIhodaIagy - DieCu88M the mMVIdOIO(W U88tI by caner & ElUrQl88IO pedOnn 11\1 ESA nIVIew. . 3.0 FlndngI- PtesenI8 the ESA review"" tor the edljecI propertr. . 4.0 Imp8cII b ESAs - IrnpacII to the mapped ESAs that WDUId IIeUH Inm Ih8 prapaeed dtweloprnelt. . 5.0 AIImBt8!SA PIIu1- pr8II8ID 8I8n1Bt8 plan fer rnlUgBUon of IqJBcIIID I!SAL 1.0 ....~ The CIty cI Denton o.,lIopment Code 8ttIchapIer 17 pl8l5Clf)ee the procI88 for E8A rewIew for propoced dIvII.opmenIL SecIIan 95.17.4 deIInM ESAs 8I1aIIor.w: A. Developed ~ - AIry Br88. dd18d u a fIoodpIU1 wlhln .. FEMA 1 0D-y8ar ~t 1lIe8e areas have typIcdy bMn d'8nIIz8d or .. Isnd ..... th888 8J'888 hie been tJIded. flied or oIherwI8e dIBtLIbed. B. Undeveloped floodplain It Areal wit*' the FEMA 100.,..,. ~ or other ftaodpkm that 18 LI'KIIveIaped and In III nlU'allIatI. ~&Bwgtss...-.e, Cantr&~~.. c.w&s..o-~- C&8~fIv. C&8~'&ngNIts. PC C&&~, n:. NillDnII..aird~.-s. P,c. MB. KeIy Carpenter, AICP Janu&ry 23. 2006 Page 2 c. FItparIBn uers · Areas identified . 100 felt from the stream C81111fh1 for IIr8BmB chi*lg a basin 01 greater than one equare mlel and 50 ..... from any 8Ir8am8 that drain .... of 0118 square mil or leis. It &Iso IncIud8B any ... IdeIdIfted 18 riparian through any U.S~ Amty Corps of engineers SecIIon 404 PmnIt ProcSII D~ w_ HabItat - Are88 deelgnated for weiland, tree and trdeI8IDIy pr8IIIV81Ion and including aigI.nka1181ands of predonbI8Iy native water ntIated h8bItat. 1bese.... Include weII8nda. E. Upland HabItat .. ~ a ni1Imum 01 ten acres In siZe, thai conIUI remnanI8 01 the eastern CIOB811mbet8 HebIat 1hI Code spdIes thai completed applications fer ESA R8vIevJS should coruIn 8 plan containing the foIowing 81emen18: (1) Iocationa and ... aI d ESAs. (2) deIi1eaIion of waters 01 the U.s., (3) cu1verIng or brkIgBs and "IOdated I8nd - In - v.1th the DrUaage CrIteria ManuII. and (4) bulking enV8IDpes that Include concept plans for the bubble area. Tti818118r mport conlaN d - of 1hIIe reqlRd IIemenI8. 2.G_ Carter I. Burgess envtronrnenllll ... dI8I& visited the eubjecI property an October 4, 2005 to deler1Mle the extent 01 ESAa. . dIIIned b-y the D8nDn Development Code. The _ sdentI8Is mapped the boundartel cI E8A8 using 88rIII photographs. FEMA fIoI:q)IU1 maps and ohr scucea. which were then ~ In 118 1IIIcI~ Partion8 01118 sIIe, including bolnIBrIes 01lOIII8 t1 the ~ and ESA _ ..... aIIo mapped UItng 8 Trimble Pro-XAS bDp8cIc global posftkd1g system (GP8), whIctI hie U:HneIer acc:uracy~ This d8Ia WII then InIIrpnII8d In AnMap, 8 ~ information system (018)1 wherein maps of 1he ESA bouncIIIries were created~ h shIUd be noted th111he IJoWIdaII88 of the ESAa as mapped by the envIronrnentII 8d8ntI8t8 dIfer ~ from the ESA map rneInIained by the CIIy cI DenIon. TIlle II _ duB to III fIre.IunIng that 'tVInI1nto the fteIdvfDrk lot this atwnItIaL 1he erMnxmentaIlCienIIIIB vI8It8d the ale agBIn an Jaruuy 11, 2008111 quantIIy and quaIfy IIw upland h8b1tat....1hat woutI be ~ by..... propoeed de\re'~ TW8Iv8 (12) one-tenIh ICr8 (0.10 acre) cRuIar plaia were run In the upland hIbIat (ADclJlIIItIf D, ExltIIJII 1)~ DaIa from 1he88 12 pIoCs were used to III8bIIIh 111m den8IIy, baSal ~ and species composftion tor the I4JIand hIbIIat.... This was done to beII8r estabI8h the 8II1OII'd and tWt8 d upland h8bItaI miIigdon propaBId under Ihe AIlemBI8 ESA Plan. IntormaIion re18tec11O the cilia plaia In the UpIIvKt HabiIIIIB PI'8enl8d In dIIaIln 8fdan 3.0, FlndIngIl Also. a site vIIfI wu ca1duct8d on Wednesday JaruaJy 11 with Kenneth Banks and Nons MII1cie from the City tf Denton to ~ and review the meI1odoIogy used 10 quanIIy Imp8ct8 to the Upland H8bital On a related note (and as requlrwd In 1hI ESA SUbch8pIer), the 8d)jecI property was also ..t8fI8d by enviromwdal 8CietdIIIB from Carter & Burgees on February 26, May 14 and August 101 2004 and MEum 22. AprI1& and .kn8 9, 2005 to dIIn8at8 watIrI oI1he U~8~ Waters d the U.S. IdentIfted cluing ..... Bile .... incIud8d ani ephemer8I tJftUary and 1M) on-channeI poncI8 (_ A, 8d111J113). 111e bIU8ry .. located along Ihe northwe8I boln:Iary of Unicorn Laka n. pond8 were Ioc8t8cIlmmedlBl8ly below the UnIcorn Lake dam and were CafW I ~ tnt. Cafttf & Ebge&t ~~~ k (,elm & e.v-ConIuIIIIn.1K.. C&B Id~ Int. C&8~P.c- C&&~r.t- liM&L.Ilrd~~P.c~ Ms. KeIy carpenter, AlCP January 23. 2006 Page a connected to each other by a bre&k In the I4'1and barm thsl separated them. TIMe 1 p~ a summary of waters oIb U.S. on lie subject property. T.... 1 : w-. .... U.B. In tile PraIIIcI Ar88 . ' . ' AYIIIIIJI ~ III LIniIIr LInIIi ' -- " ~~... "u.s.." . ~..... IhI ~ PO . ~ . " .. . ... : , , . , - . TrlKDly1 ~m8181 Tributlry II 78 0.085 Pond 1 On-ctBnnel Pond - - 1.322 Pond 2 On-chann81 Pond - - 0.506 ,:..u: " ':: .;" ToiII"= : ~ - -, 1.113 : . ... ".. .' , , . . .. . . ;. 'II ,.... : and.... db............1IIIBnd h ~L ...... The pmject was IUJ8iWted ProIa Number 200400351 BJld a permit _ obtaInIc:Ilrom the U.S. Army Corps of Engineers (USACE) for impacts to _18 01 the U.9. resulllng from impacts reBted to Unicorn Lake Boulevard SId QLbhDuS8 DrIve. A ritigatiOn plan was IlpIJtmI8d by the USACE that Included B. ten-Ioot vride YI'BtIand planing shel and a flfty-fooI wide upland buffer akJng portions oJ unicorn Lake. All Secdon 404 mitigation wi11 be canducIed on"'" IlUUOO the edges of untcom lake (81 shown .. A:a8cIImMt 4: &hIIIII1J. and Is In addttkn to tile mltlgallon tor impacts 10 ~ I!I shcMn ~ the Altemalive ESA. Plan. Note that the d8V8Ioper 18 investigating the potential at expanding UnicOm Lak8 toward the propoI8d Clubhouse Drive crossing (see _ AJ Exhibit 8). This ICtIvIty 'WCdd require a modflcallon to Ih8 sbDve- mentioned SecIkJn 404 permit ancI, I I18CQlS8ry. would be mitigabtd lor under l1e U.S. Army Corps of Engineem RegulEdoly Program,. 3.0 FlncH_ Carter I. Burgl8l mapped the proIect site on OcIab8r 4. 2005. In _ wfth the Cit(8 _ as shown In A_ 4: &IJIIJIt... Feu 01 the ESA types 1i8t8d In the Denton Development Code were mapped within U. proposed d8vMJpment area: . UndeV8Iaped FIoodpIaln . Ripsltln Buffers . Wa18r-Related Habitat . Upland H8bttat Teble 2 pr8!IInts IhB mapped ESA types and acreages fnJm Ibe subject property. No Developed FIocqlIaIn, II cllflnld In III Denton Development COde W8I observed on .,. subJect property. The four EM t)1)88 tbat were mappe:I on ttle subtect property tatsI9d 71.04 acres and are briefly d8scr1bed in 018 foll_ng paragraphs. Photographs 01 tt1& proposed deYBlopmerd 8118 are IncIudBcI in AItIct-.menI a Ms. K8Iy Carpenterl AlCP January 23~ 200B Page 4 TIbII2: .. ArM ~ .'~r 28.89 3.17 17.oe 23.88 .' .... .'Eu.1)PI' . Undeveloped FIoodpaft1 RIpBrlIn Ekdfer& Wlder-R8l8t8d HabItIt UpI&nd HEIbItat h':':I..~.~' ..-..~.T.: . . ..... -......"... .. . -.. .. ~ __ or 18 EBM WBtIlI'1IIMn:Iln AtcMIp. n.Q1' Undeveloped F~laIn~ which 8CCtUlt8d lor 26.89 ID88 at the sdlJBd propertyt was limited 10 the Interior porIIorB of the propertvl clolest 10 Unlcom Lake (see AIIIJl:ItmIJnt .4, &hIbJt 4; AItaCIImMt a PItOIotIfIlph8 1 amI.2). The ~18Jn boI.ndary 18 baIBj on a pending a.OMR RIparian Buffs.. on the UJtecI properly were lmil8cl to (I.e.1 wttI*1) the pol1loTw of the floodplain along Ctq)er CIlttiL 1Ns ESA type COMIItuIed 3.17 BCr8I (see - 4: EmlbII 4). The ~rIan BuffS18 818 dominated by American elm (Ulmus 8II1sdc8n8)t cedar elm (Ulmus ausIfoIIs), giant r&gIM8Bd (An1btIRI 1riIids)~ W8SIem ragweed (AmbmsIs psIIosIachya)l dock (Rumex sp.), goldenrod (SoIdlJgo BP.)t )ohnsong~ {SoIf1hum ,.,....,. sugar hackberry (C8Ib __)1 hedge paI8Iey (TotfIIs ~. Japanese btome (Bnmus }sponIcuBJr faJ88 Irdgo (Amotpha 81'.)1 baIck wtllow (S8BM nIgrB) and Texas wlnIerSJUS (Nas8eIIa I8ucot1IdJIiJ <-.. PItGIafIt""" a "4). Water-Related HBbltats were mapped on the subtect property u.ng pmceckIr88 typical for d81ineatiClnS of WB1Brs gf the U.S. (see A~ Ar EJthIbIt I) (I.e.1 in - with USACE proIocols). TI1e8I habitals M,. 8180 contin8d to the area nnedlateIy ~ to Unlcom Lake and portions of Ihe subject properlY IIDng Cooper Cr8Ik. WatBr-Re18l8d HBbltats Included Unlcom Lake. IWO on-chamel IIock ponds d Cooper Creek (FEMA deslg..tion: Stream PEC-1) t- ~ """",.,1Ipha , and I). 111.. f88bna conlltitutetJ 17.09 acres. Upland Habitats located on 1he subieCI: property IncIucI8d pardons along the nD11hwest and . $OI.IIbW88I property comers. 1heee habitats constitut8c:I .23.86 acres and por1tonB of 1hem had been d8ared of under-brush which had been mulched.shortly bsfor8 1he site tAsIt (AtIIIl:IJmMI B, PItofotInJpIt8 7 .. I). Upland habitaIB W8f8 dominld8d by poll oak (QuIIcus stBIIata), cedar 81m. possurnhaw {1JfJJc dec*1lM)t grHnbrier, Am8r1can am and IHlItem red cadlf' (Jun.Petus WIginI8n8). As msn1loned In SIctiOn 2.0~ Ihe IIt8 WB8 IlNisit8d an January 11 to quantify BJlcI quaflfy the type of Uptand Habitat that waUd be lmpact8d by Ihe prgp)88d dIV8Iopment. The f8880Illhm was done was 10 that thlt Altemative ESA Plu ctUd . prepared in a manner that wcUd accurately replaoel or mitig&le for ~ ImpactBd Upland Habit8t. Twelve (12) ane-tenIh acre circullr plots were M' in the Uptand Hlbttat area. Far each pial, every stem over one-inCh diameter (cIam..-at-breul-heighQ W8I recxJrdBd. ThiS daIB. ncluded tdh the species Bnd Ihe dbh. ",18 methodology WaB chosen becau8e n was tel that it wcU:I yIetI data Ih8t \VOUkI BCCUrateIy reflect 1h8 nature of the 'wooded Uplllld Habftat area. - D cantalns an c.rah.....-c. Carter&~~1 -... C&1eI &~~ ~ CS8Ad1~ ~ C&8~IP-C. C&B~"- hb:ooaum~p.c- MIl KeIy CarpenIer. AICP JIIUlIY 23. 2006 Page 5 exhtbft showing the IocIItIone of Ihe pIoI8 akng wfth the CQII8IIJCI1CIIn data 8h88Ia 8fId phaIo(JaphI d..oo plot WIh the data taken lor each plot. we were able to come 143 with two key ecotogIcaI measure8 to quenIIfy and quaIIy the Upaand Habitat on the aqect praperty. TheI8 k8V ecaIogIcaIl1188IUI8I are: 818m denIity and species campoBIIIon. Stem density Is a Rnple _ of .... nLlllber 01 ... rBCDrded wIIhIn 88Ch plot. By 8XIr8pOIati1g IhiB datal we can come up MIh . &IBm densIy per acre lor each plot From thI8 InIonnItIon. '1M can come up willi an estmated ...-.ge 811m denIiIV for I1e entire UpIInd H8biIat area. In ow random ampIB plaia, we recorded a low tA 2 118mB per pial and a high of 54 Bt8rr8 per plat The Upland H8bIIat on the proIecI8R18 exttiIed an Il\\W8(I8d .. density 01180 8I8mIIacre (188 _ D). SpecIeI compaeIIIon ilsImpIy a ITt888UI'8 ~ the perce.1Iage that 8BCh species mikes up In I'8Iation 10 ell the oIher epecieB that were sampled. For Ule Upland HIbIIat on the PRJIId area. the spec:ieB carnposIIIon was IS IaIcM8: Post oak 74.01%. Cedar 8m ~03%. AmerIcan Em 1 ~~ E8sIem Red Cedar 1.82%. SUgar H8cIcbeny OM%, and a. 08k G.44%. Clearly. Poet OIl< and Cedar Elm are the domlnMt species In this CQII1IftJnIty,lIII1kIng 14' over ~ 01 the recorded 8I8m8 (see Attact.ment D). When taIc8n 1ogBIhIr. IIem densIly and specIe8 compOeillon providB a good 8I18p8hot of \IIIhat a m.... Ea8I8m Cross TJmbeIa I'8IIII1Iri O~I.. Upland HIIbIt8t per Dsnai8 DheIopment Code) woukIlDak 1IIc8. Ellenll8lly, the UpIln:I H8bItaI; on the praIect area is a Poet 0ek.cedBr Em WoocIand with a stem dIr8IIy 01180 lt8m8Iecre. This Intonn8IIon .. relied upon h8avIy to come up with the AIem8IIve ESA Plan pI'8IInted In Section 5.0 d this reporL U 110-"" to EU8 Pmposed 1mpact8 to E8A8 on the UJIIct pItIpIrty MJUId be ImII8d 10 portIoM at the UndIvIIoped ~nl RIparIan Buffer and Upland HabItat . 8hown In - A, et1t111114 TheIl mpacII'MUd be the reeutt of fllor 1Ioo$IakI recIEmatiDn. - of a road a088ing and land cIearInsfgrd1g acIIvIII8I far lie propOIId Unicorn LIke _llop.._ or (1M _ 8, 1'IIotoIJ'- , and 2). FlU to und8\I8Iop8d fIoc41IIIn u a ....at at a road projIIcIare exempt and .. not COldJd u impIctI under 1he DentOn D8YeIapment CocIet ToI8I propoeed impacIs 10 ESAa on I1eIllJject property would ooneUtuI8 approxIIftIdeIy 22~93 Ba'8L ,.... a provides 8 emmary tllmpaI:S to ESAL c.r...... ~ c..&... ~~.". eon. & ~ ~ we. Cl8w-....~.... bt. C&B~P.G C&BNwIda. n.. ....ll8'd~ P.c. ML ICIly CupInIIr. AtCP ......., 23, 2008 P8g18 ,...1: IBM .... ~r om 0.18 a 22a ...... _1M ...... ReoImtIIIon AoId CnIIIMO 1M ........... ...... of CadI Yea Yea 1M TJPI ~I_~, ........ 8uIIIrI WIIIr-RIIIIId HIbIIt \IpIIAd HIbIII LMI_- Attl*nIII Dl\.11~1" ..... TaIII: ... IqJ&cI8IO boll.. UNII.J1Iloped ~I end RIpIdIn.... meoIlII..... at.. SUbctIIpI8r IIId 0IhIr ....... City CadII. 1be ~ LHcom ..... _11~'" requIree . In .. CoapIr CrIIIc JIw4M. (lk1d8wIIapId ~)~ In Iccoullncl ... .. CIly ~ Derian 0rIinIgI DeIIgn CIIIrI8. ... .... be no ...In .. 10D-y11r ..... 8Uf8ce ... md no ma of \tIIIy IIanIgI due to ... ...~ fIoo$IIIn ~ PorIIonI cA 1111 . ImpIcI wi be . f8IUI 01 . ImI:t project. ~ ~ E"gln.rlng'" wi be NaIponIIIcIIn .. plllfiiq 01 ... dlwll~," ~ .... hi the CIty of DInIDn DninIgI DIIIVt CIIIIIa i8 met 01IIII ale. ptapoatd bddgIarelnaluclld In ........ c: ......, ___10 the FIpIrIIn ....1IIOD1..d will ~ DIM.. CCMrId....... 8ecdon 404 permit m.lIa." In SIcIDn 2.0 (US. _ CGIpI cI &1gi... PrajIcl No. 20D400951). ThIIeImpKll.. ~ to be"""" mInimII_ .... 8 COnIpIn bridge IIrUOILn .. be empq.cI thII .. ~I*ty II*' the ...... _ ....~ ~ ~ ~I 1hI1mpecII""" will... CI'DIIi1g WIN mIIQIIId in tbI mIlIgaIIaI. pIIn tor .... - pIIIIIIL TblUV npICt to ESAliI thllrnplCllO ~ HIbiIII, wtti1 MfJIIIIdII PI'IP8fIIIon d ... AftMnIIJJ8 &SA PIIn. \WI. toIII UpIInd HIbIat mp.aI al22.. ..... 1M ...Ieper WDLtd be requINd ID ..... 11.M..... HDMl_... II not t8IIIbII ecaI""'t> That II tD __ Chat ghIIn .. lite geomefIy end III calli aI_ . ..~ dIl.JICfIIIIIi aannat be .. an .. ... property whit .. ~ vIng ..... " IhI UpIInd HIbIIIII. In ordIr to 1PtJI0ICh 1ft eoonami:IIJ IeIIIbII ~.IDp1III1I .. higher dInIIy - (Le~ ..........." 'MOUld nIId to be pullUld on ... 11.84 ICI'8I f111nd IIgIbII tor II~ without .. pn:JpOIId _MI. ESA Plan. ~.. urenI zoning tor the ...... prapDIId .., be a..1p8aIId hIlIIIa bte n6fImIt Jnd ........, UIII, lIB 1111..,.,..... p..... to dIwIIap IhI ... . ..........,. In ardIr ID fIIIIbIr cIIvIIop .. prcIPIIIy . ~. more'" 5ftt of the UpIInd HIbIIat IIIUII.- 1bMIIora,~ 17.12 pI\WidII tor IUbmIIIII 01 an !AI.... E8A PIIn In ...... .. fill (LI., ..... "1pPbnl CIrIAGt ..... lit ..... cI ... EM ~. MaIIIfI" p.opoIId pI$Ci C*1I'd meII" IIIIKIIniI d" E8A 8*N1p111'1 .. AIIrnIItM ESA PlIo PI 11_ ~ In thelollawlng IIcIan *"'..... the oIJtICtt.tII of IIId cxxIL C..Rr1~ b;, ~'......~, n; ~ a 8uIgesa fMMIrIIS,k C&8~ lie CI8~. P'C e&6NtMt. W.. ......." lt~ .,..,~, p.c, Ms. K8Iy C8rpenter. AICP JaruIry 2S. 2008 Page 1 1.0 ~ ESA PI.. Since we hbe eet&bIIhed thId the dewIDper ana Idd . ~ ~ m the 8.m)lcl ~ _ m!IIt .. 8IInd8rdB 181 toIIh a, 8LD:hapI8r 17!d (iA. pt8I&IVItkm at 50% d l..JpImt HsbIbd C2lnCJpI cove.,. lie dsveIlaptr has prepued ... faIQr.WIg AlII...... E8A Plan that meets III obfeeIhIM at th!J amchapW. ...11 t) ., 1m .., 10IbwIng .. ,.... 1h8 ~ af ttw &b:.tlap1ir by ~ or ..pacing h&biIII (i.e.. aud'Ig lJpIsnd HabIaIs 1h1aG1 nl1lvl h1I8 m::I WIb ~ ~ to .. leal: 50% of the Up_ HabIId bd waUtI be npact8d uncIaf the prapJHd dIMIIopmeri". As nd8d pmwIatBy. ilQ)8Cll to UpIInd HIbibdB ....NIlg fft)m 118 pDpCDId dBt alapment woukl be approxImatetJ 22.88.::..... The AlII..... ESA ~ WDUId tI8l.I ~ ft, ~ of 1.1 B ~ d Upland HabIIM m:I ... IaBIIan of 10.10 acres rJ IJ;lIaJI:t HabIIBI. fur . I0I8l pG8I-ptt.)jed; Upland I-8bIId I'" of 11.84 IiCN& Thill ulbnfy InNIS 1ht ottec1Ivee cf the SlD:hII*r t7t pftMdIng an ~ UI8ld Habit8I thai condut8I ~mBt8ty!O% cl the ImPIC'KI LJpIan:I HIIbIIat I" (22.68 ~ ~ -t 11.34 aoree ~1VId M:lrupImId = 50%). Tht Denm Devllopmenll Code reccmmenc18 pIIRIng naItIB Im8I u mlQalia1 to Uplm:l ttabIt8I~. 'TbIMore....... nKDTI'IBIdIng tMe pIanI1gs h Ih8 .... hdcIIIed en AIIIGIawnI A. DIJIIJIII. Sh:e a amaI ~ or 1hII pr.-:t ~ HIf*aI ~ or m1 ~ area (1&. 08 1mBS). 1111 ICMI pI.nIng .. II IIpPRIIImBt8Iy 10.78 fICnI. lhlR pIanIhg .... waYd be GOnIpI'IIBd cI two dIIIIIrd zones: (1) a t-.RIul1ll ZaIB Bnd (2) a SocIIt ZoN. 1JJ1JPmI Zan8 :PIIDb::IB The Nalural Zone waukl be pIanIed 'MItt bare-roaI: ......111: s rMe or 3!50 per lel8 n lIB .. nkIIt8d tI ~ A. DIIIIJIt I. ". __ rate W8B dIG8en ---1'CI1m 1IppraDlwd8 SO% 8ln1wIL ThlI"'Mv:II ~ .... ,... t1II:IWImenI: IWtd e.istttg 11888 wrd:I gsllhI!!J 1In8I Bt8m dinsiIy 10 .. 18111: 1 so IIt8mS P8t ICI'I~ wI*h .. whit lis d!nBIIr 18 in .. UpIInt HIbIt8fB ttm .....k:I ~ impectld bV ... prapal8d eI~ dwL ~ (.. s.cuon 3.0 8txP.v).' . lhI Nmunll Zor8 c:ansIituU8 ~_ 8.21 BCIWS. of wNch 7 AS 8CI8I need to be pilOted (Le.t 0.&8 aort8 aM .....,..uodId). TN8 would InIIII . tatId t2 ~mDty 2.871 b8nHtoCt .... tor the Upland HabIbd N8bnI Zona. 8pscIe8 WGJkI GOnIIsI II nnIw8 trHB . 8Ma 88 8hown In r.w. 4. The kJeldIIId epIGIII \IDJkI ~ mMlnun baIInI ~ tha8e thU. 819 eII**d m do WIll CI'I .., ~ _ (ghMn toll cam:II~ whIII: 15 QJmndy gDllng bIB, n:..) end tho88 that 1IDIKI pnJVId! mmdmtn ben8ftt 10.... In on:I!r to ...... clvergfty, no one Ip8CiI!J8 woUd ~ more bn ~ of the IOMI ptaJilngs. Tte fnBI t8I'QeI M8m denIfty 1181 IIIBIt 1 SO 8I8m8 per RGN 'WIth UnIIr .,deB CCIq)OSftIon U 1h8 &dIII~ UpIsnd Hablats on 118 ..qact pmpetIy (see A~ q. Cft'.a-._ C'MIr&""'~_ CIIIB&~en--... c.aa~-. CIB ~ p..o.. C&8 -.-.. t1c. rIn1l L*I:I~lQIMIn. p.c. ML KeIy CarpI"'~ NCP JmJ.ry 23. .2008 Page 8 a... TtU ..... wWd not be mlllnt8ined oa.r,.,., patanIIBIl~8Ian and ~ .. nHded ta e8IabIlsh lis I8GdDgB in the hlllll .,... phues (e.g.. frst .2-3 ,...). UndemIary apeci9s WBT8 ideo ocnsIder8d lor ttw NabnI Zone. IicM9Aw I: WIll dItermi\ed 1hM _ "I ..,. nta the N..,.. ZonEIImm B4f1B11: tuIbd .... - frtIn 888d8 aINIctf In tMlGI gIWIn a gBl'I!JraI IbMnc:e of~. ~ ZonII PiItr&D The SocIII Zone pIInIings VlNlJId occur ~ ~ 6a1 trill carIdonI . BIl ..... of spproxtnale&y 3.13 ICDII (.. ~ A. aMIIlJ BnCI wuuk:I be mainlU1ld ~.I.. mOlMld) m daw lor Iongtt W6tt cIanra tor bDI1 aesIhMIo &nd :uIRIy.-xa. Trw pIanIngB wtlJkI CDIIIIIt at bll8II"8 n" _88 . !hi NItlnI ZonB _ r.w.~. tImvDvM ~ '- tma WOLKJ be Blgllr than .... ba.r'e-nd ..... pIant8d ~ the N&IunII Zan& (em" oootItMIr - I.e.. ... 1. ~ and 'fIUIId be .,.... lit . rRI of 50 1re8B ~ ICn. ThnlaI8, h kCallVnb8r ~ MnaI cattaher ne. tJ be planted In lis .. IRXJtd bt approxInwdeIy ana-tInInKI and 8t;r- 8IWIfI (157]. As. 1118 Nldunll Zone pIanIngs, no ~ Ip8deB fIan TaIII f. w..wkl cansIIIute mora thin 20% at 1118 all pIIntmgL A waIlilg l1a1 M)lJk:I &ilia be consb'UCIId IIIlMJUtl rnsandBr ~ ,. Sad8I Zana. 1Ns WIIkng Ind would be allgnld In aa.d'I a marwI' 88 .. pnMdB views of lkIMn Lake, . ~ A. &fIIJJt It. By~ WI wddr1I lid. the SocI8I. ZonI -.cUd provide benJft nul: antt to the Irml8cIHt camftlntj 0"'. the pmpDI8d dIMIapmenQ. but "10 ~ adJc*lhg I1JIIdBnIII erd peOple ..-.0 came to the _ to U88 1M new _ prqxJAd blllln-.s ~ man:I U~ LaIce. 1hB r. ptanI'lgs would 8WI'IIuIII pmvkIa . 8h8d8d wddf1llrD1 will vle\'III ho the 8lmJ.Indt1g NIIbnI lane h8bIatI Md d ltIlcam lBk8. The ""r.ert ard Iac8!Ian or th8 waIdng hi . dIIpIcted a'I ElIhbl8 18 ~ _ IImjIct to rsvI8iGn at line rJ ... deBIsJ1. RnaI...... call1dBndIons wlllmlud8 engluemg 1IIctonI~ ptr,'llcll f8ctaI8, Mlltyt ~ caMlruclBtill. cost. .. BaIh thII Nalunll m:t 80daI am. YlDUk1 be pIaoed ooder ~ plUt8cllw!J cowenant8 ~ oW eo:epIIbllt IIIIItI8G8ftlII pIICIIc8I and IkriIIng fuIunt ~ n BEh 8re& The 18r'0J8D8 of Ih8 ~ CCMlHlan1S would b8 ~ B:I to the CIr II draft torm prtor to IlrQ MIh the Count,' Clerk. c.-..~~ CDr&"'~R. <:iriM'I!UgIB~ InI;.. C&8~K C&S~~ P.C. C&B.Nnd. M. tM'Il LftcI ~i-..... Pl.;. ,... ICIly CIrpIrIB. AtCP January 23. 2008 PIgI , CaI- -..-........ The UrKam LIke .II~ ...... .... ~ an ImpecI 01 OJR .... ~ Und.-Jlroped ~ 0.18 8crII 01 RipIdIn BdIIf and 22.. __ of UpIInd HIbItII. The pnapOIId Pft)jecI WDUId not ... thI IIIndIRII for ~ d UpIInd HIIiIIt . ~MCIbId In s..td'IIpIIr 17 Jj tit. DIntan Deultc~ COde. """'1 III _II.., r.1IIOPQIId .. AI8mIIM EM PIIn In CIIdIr to .... the GbjIIcIIvII aI SIDJtIIpIer 17. CIrIIr , BI.I1III8 'MIIIkI MIcoIM ... opportunIt 10 __ !hi ESA ...... IIId ~ EM Plan will )GI or DenIon CMy &ad~ ShauId)GI'" lIlY ~ or CO<<ilIIIII, pIIM8 ... me 81817.735--7028. Slue..I" C.L~ FIIrJtIy AIuInd!r, C.W.a 8IiIkW Er'IvIronmIt dII ScIInIIBt JIIlMIInMI ,-.y ~ I ._.IM _ _JIH.'...DOf; ~ArO cc:: 1IIiI.-...a. BIId ...... PIa IIICIdIn AnIh ...... Jill...... Nt IIIcK1N Todd ....... c..6 &.fIlIa 1K CIMf& .....1I4~91M'l.1I&. t.tmf& ~t:huIIIIs_ "" "'..,.,..~ ~ CH......,.~ P.~. C68:tttaa K ,~, Lili1A-;lI..l t g..\ p,c, Mllchnaent A Exhibits i .! J I ~r:; ",--/'~-~~'1~, ~~__ --- '~1- J -", .';':~~:' =-~.~~, '- ", _i"'-~ ""?'k:"=:_ ~ '_ {~ C'O~~IlN(I'~~Lt"'CQlj-~"".l.=tIo. (' O,'~:on I -', . l.t 1,. , ~; ',- ! J~V -',::- L, "- :~..1'.,.J o,ioPO'!\l, . .. - - II~-:~' . Lt'::-"'~~~<>~;"~'J}. ~~: ~;dIS~~:."~' ,~~~:~;.( .(..NC~t>.~"~Y Iti,co no... rt.- -. ~;<l~ cor..''''''',,'~. l,;~~"'~ -) .~ " . I .: l. l~k" O~,jH I -- .....,;' '-_.____.~ \; f !.. _ _ .;--- -- ~ A'9Y'" :J _ _ ,"~"tkO;;~C'''''' f-. ;::::..~c~"}c"t ...;.. (;;:-. '.':-: "'-;':;;::,1'''' .,':, .. h. ..,,' -. C.O'P~(""""I"" "'>;j~I;,,,,,'Vl1l.l~,,1,- t":~~/i";::""rr'=;~~~,,,.--:-,:,j~..r._,"; b ' __J ') , -- L!'~ .~-- ~ '"t~--'_- pOl:'b":' ~"'.- \ i'<<lDron { .- ..:; -;-~ ;--~-:;.: .-,+" . ~?!l!t~3~-''-; " _.~( \/ -I hI "",,,,,II,, ~J~1-....... ~ f ;.l.:~ j J.-i...:,,:.1f/,!"\-... r!q".~, M(,nJ"d :' r._~ ::,. -- ~5 'La'shall Cf~k'; .~},,,~, ..'_ ,..... 'W','- \,..l < f'i l I :. \,PO-"H)~. ~ '..' ,.--i'C'~"'_,:~/",-,lo-:., ',u' ~..,. v;;,. 1 ~ " 'N..' ,,--r, ,:,,"''t.-t, l::i.r, ; F;l f ~ t.;;-.~,oP~~ Ch.lll . iiI~:; ,.:; '.";:~.J~:~~,jTO:: .,,', ~'l:~ ' "r' w""'..~\ ,-',' c', '" ",'Ll.AS ". \, "?" _,.,; ...t_;>~"R~,H.f F'}.:)-. ) f...,g...., 'I ~ _ - , ,1.,- ..; 1 j Cef'poli If . 'i ,..1 ~_. "'- I'/"V ' . "",,_, w ':"i \J I . 1 .SCUlhl..... J ~. .-:~':'-~_-.\...~ 1-"'''''''''''" J..-:, ,:~~G"~""' '~~~r::r';;; 8 ~ Vt\. ir~i(l<:l :;;:; ~~'-"1; Co"""~ '" rt' .!',' 0."" ---'\'dJeS IliA I '_ ~ " " 1.;;.. .., ~. . " n ,0 , > ~ F; . , ,; , \ " ""V9ll"'I,,, ~2~- ~,- .. ~ : r-i L... 'L" L~:,;~:xr_ " '" f, ,_ F I --,,,, -"21'3~=-' l-..__ i >':\ -',--- ''', L '> 'Itulel__-, " ,j . , Legend - P:;..,!i;l,::,':"1<::1 o .1 Vicinity Map Exhibit Carter::Burgess Urw::o:r. Lil~ 8 00'/<:>:'-:)r:',-::1"; O<:fl:On, n",n;cn C0'.;r,~:: I e .,,~ C1.3 PrO;i?C\ ;ir; ,)z:?e.5(o:; S::1Jf'-:<: ; 1) 'd'i St~~t' 0..'\:;; C<:n:0; 12:}J0j 1 " i: ,', t ';'"/. 'r <-;/1. i -'ffl .,,~ , ';[ ~ " ,j .'. '0 -'(C~"<' 0+ t '1~;HlIHSi 1I1 :.A;,:;',':(X'(;'JH " '.J ,,"'J!. '; :: ~ e l .j , '(;,'..:,,- (,f;.;" ::.,)~. -- l ,;~ .../~ , ~ " ~~ $-t.:;.'~;r'll";.. ; l't \, ;.-. ',';!:lorw{;-:qu, ~i< '0,)" llt:!.~ O~.." :)1' ".''.'J{ ;',;, 1.0'Jtll.:....~ :;0 '" 'l " ;~\ . C Legend " " " ~ . ~ Q " " <:; ;; .,.,,<:;' :~/..., ~~;- ct;... ;:"'1 C <;',' '; "i~ ';\,ll.!:fSOCI;)U: c Dp[(')j;>r.:ArBtl ~Oi:)c: 2.[;':'0 CarteruBurgess ~'I. ?: ---... t.:.> ..'/(.;.... \'\~ ~ "..,..[:.1-._--.........) ,", -....::<)=~n>cv 1:.....,;... .' ~'i., :.~~;;,~~;:; -<0 . :; " <;; ~ ""t(-, !)eflIO" " '. '::"~'N ':,TS'-".'':'~; Dl, ~ ,:,,(;;';',.'; :;~P:~O;;;~"~ i : ";;.~)..';U':.' r;:l: AG5';;.~:i 'I:, \" / , , -- J .J( ~ ~ r-'. s E( ....-;'.;: ,>\::;" ) A Local Area Map Ur'::'C:~:lldf.j) DC'lcL:.p:n'2P: O-'!;':C:'I Dcrl:,~n CCe:m:.". 1('<,1!> C:.O r:~4('r:: ~:c. O~. ;~~ 0:;> ;;J , i , :)J~:~Cf~_::U~ r:> :~ -~(' "~K;::l1C' '. ~-- 'A "'-__// ;:., '-2. '- 't. ., -.~ '"-::J..ctl V1'..'..l.C1 ~.lVnoco: ~r.,:,n C ;.,: " , , \ I):" " i'li-d)f>~Ul o ..r:..;~' .S ~" Corinth ? , fj f. ,-" < " ti ~ . o ~ " " ') :0"': </ Pf , ,.. L......:.. ,J !~."":';;~1S !;, i'v:.';~;:;p"I,:;::r.D Ot::'JS..".o.'".};' c. ~L ';', '(-." '" '('- 'c;;: ~~"; l..:t- Yo. -V;HL';'C~::~:'~ {;i" ~~ , , Exhibit Scur,:c T ~',E Stil7iJ DiI~.J ':::-en:i:!r i2Co{))) 2 .I " , ',' 0 0' , , i ltI I ! I J iI -. I '! ,- ", , r. w " v ,., i- I i , '" " '" //r' , { , ? 0 ~, z ! '< -" ..' I 1/1 " I 0- " " I , !, .,-- I,l, 1/. . 6 o c :0 w '/ // Ii / ~:2i: c. " , , !~ 1/1 :$...:: w I ~ 2:.ii -5 ,~ ,.J -0 C'>~ " / .' . 0 U g c v ~ C> .~~ C '" ,;: ~~ ,,- '-I w-< ., " [] :5 ~ . '" 0 -' 0 --_::.. -:.- " .-:/- /' ~~~::;'7-~./ I ,;-- --.. '; " \ -, ~ d ~' ~-' 01' ,"',' 8 " . Carter::Burgess ....."10,,, "!'If",, Ij,t l)i:1:cm l:::b D~~dO:<T'3r.: DH.IOr,. O~,..,.:or; CClu.\I'i, ie:..::; ':~6 P,.:;,;,:::','b,J?i:<aSy)':;> D[TI ~ ~ ~ ~ ~, ;..:~! ,.17 1ft " f' Legend D?rrJjtK',"<(CJ [;;nvironmentlSlllJ "'en ',' I oJ 51 lye Arca:s. U:-,J.v:OftU),l,.: r'~/" t.^,-,-~ VIal;:1 R:;I?H!,j H,1ni:.l1 .-",( i.....-',.-' nr_""'" fl,J)'1"" o 51)J 1,e-C') ---, F('Cl Uf1d"Vf+'I'Cij F'C^,(1p,:(l:t1 ...J'\..,-- T:ibuL,[,. Exhibit Carter::Burgess S:nlfCo? tuPnOt:; USA 12,)0" ~:m:J F",c.:c:f\J EI!"~rQ"~C'~'" rAa!\J';C{!:Qr,1 Arw;r;~;;'l fr~'?; 4 , l 1;""'1'"'' o",,,"',W' '_ _..' . ,.,v<. , Impacts to Environmontally Son...itlvo Area," A. Im:n::;l;; :0 Uf,ia,d Hilt>~tl: Ir:~,;a'~ts :0 Unoo,:clop.:;j nC')j~Jal:", 11~-.r;-1:::~. t:, fl:;J.l[\;;r, Bt.:~<)fS =' '''''''f ,.) '" -~, :",- -') , " 0'.": .. ~l,l~t ,-:;-,,1 J I(I:!.~'. !j.". 1 F\~,l l1 '-,,,", ,.,t hJ t f." \. ~ "L."'~' lZ1<'- ~ 7t~r,,: ,,'.. - ':~l;: "" ;...-:f. .' -..-."~ E-J " ':..I '" )~i1T'~t'!1 H . . , ~;.1:..~ ~. ~_' __'~J. - -; -< .~;l;), ~,._~ ,f' '.' "t',,,,,, ~ . .' ::: 'lO,t ,* i~~,;.lfltE[i~rll '''. :,!.um~r,vf','i f':,k'pf: f:,J I ii', , Impacts to Environmentally Sensitive Areas Exhibit CarterllBurgess U:1lCcm L;;t"u :::;'y;c10;Jn\(;li, D'0f\t1,)!l, l1.;~;:0f1 Go.;n;,', Tp,~iJ:; Ci.n rrCi'~'':: rlv 02;'~25012 ,>::.'" ;'r.. ':';~P:1(,::J \ L:;:' l?ff',':l ,:nd ;:.:-r.!;r,,\! Elr'~tge1'lCY U,':13f!",n:';!J:t Age;),.,' ~1997} 5 .. n ~ ,;i:!'i';I\!j~fr:. S '\'lL;7fj .It,:j:!<l' ~,111 Tf"','~PX!q ;~!1~.'~~ . !';;ftf~~Il;'~~ ",-", ." .r.. "f!~tf! P!i,lP(l$(>O 'J:;land H,'l:1':al C:'!atlon!r~C;;{,r~,,:j(Jn NC'l~d'31 Lon!! Tr;l:I (;3 Palen:,3l '8:.:.)( RQIJ1';C Mar,i;::!l I) I ,V,.) I Fe"!! CarterllBurgess Environmentally SensItive Areas Alternative ESA Plan u:,.:,?:~ l:1....; n'!Vi'J)'::,"'l~l.)ni De:'l:\ir, Qf';);Or, CQ;r\I"!. 1";:.3$ c....e P::;/:::: :;c 02302f.0,0 ElChibit 50,;IC.:: ';irPhc~o USA \2;:'J~: 6 , ,-" .~;;., 1 -.~~. f ~ ':"~"r: "... 5i' . "'.. " ',l If ... "~~ .J ~: ~ ~ ~, ~ . :"f , ? :;: " !"f Legend o Fl>;'J'::>>::A:C,) o 5:;'J P,oposOd Ur);;nfl HatJ':il:<:> ,; r:;.;:;;.- r>rC:'lcsed ':.'at;,J~ RCI,I:cd H.:lt-l\a: f ... <,j W Wm')' P,dal'-,C E,1bi~;11 ~...r~' l~R!parltl:ll!l.)l1\..'1 UOO~';~lC(h}J r'loO:.lt,l::!.lf'l . nnl'. "",.FC0t Final Environmentally Sensitive Areas Map Exhibit Carter::Burgess U:l:';Oln la..o C(:','elo:m,er,: D'Jnl0l1, DOr.lvfl COC~::: i (I,ClS C3.0 ?Il)j(>:: N) O(:1\'~5.0',2 (':.:>1,:'C,>, J.d";lcto U?,A (~.)C.:) im-:J FeC0:31 En'CH1crtC',' l,twngcn'C:"'ll AaenC\' (;9~m 7 Attachment B Photographs ''''~W <<1 Ut\::~\,.,!C~d t:;x<::pi:Ji;1. b::!.tc.:! !,1I:'!'H! of Unli',vn i ;,In r,er'.h [O,:tX\{;; .:., 2005:1, U....:wn c..."': 0:-.,y::~.;r,l n..,.'...... r,.~,,~.~" f;";/ll'i T" '.'>; t5~ "-01')5 ;;:;"i~::O \'..:)(: C).-:~, .'. t;~!1J":'" ro'; '~~3 ::>~:~,~,::l~ ',;~:;S:..:!2 Pl'lotograph 13- VIOWOl npi'lrli'<n t:>Ull<)f ar"-1J, raCtf11J W!?SI (JUlI'c.' 9, 2005L IJnkorl"l,l"i,~~'CI;>"Jn<lill {Mn1on, OM101\ Cc'-m!'i, l"f',H ES!o p~l(rf05HE'I1S:=.t't6C ':::an~r t. f!')f:J~~~-;, \nc C~6 P'QiO:l~. 01191;;}.Q1Z (, ! PhotQ9raph #6 _ VlfJW D1 'yIJ ate:.Re1a:er: Habitat loca:ec 3bn':1 a poM downslream from Unicorn U',;c, facing ;:OQuin \June 3, 2005). Uni"J"\La~.;!~'.taI{l:..,,.,n( p,...\or-.l!)o!';tor.C"'Jnty. T"~",, E3~ PHOroS.::<5:ViS[O [xx:: Cart.:!' 6 BuI1;w:,~. b,: C&3Pt:i",:ltJ;; 1)219F.'iill:? ,c rk;;! ... """ Photograph #1 _ View 01 Uplami Habitat wes~ 01 Unicorn lake. :acing eaSi {October 4. 20(5). Phulvg1aph *0 _ View c! Uplond Hi;le.(lat taC:ltoo ;,1.0"9 (HI nOrlh03~1 pt:'-;:'....:1V J:HQ.;l. lacing north (October 4, 2005). :~~-um l..~~.~ ~",."",I....""'d O~n:Utl> ~}nlon e:>Jnl'i- Teu!i. E;:;.... P"'Oro;:'l;;Vi:oitO.a:JC c."I,l1.11Ii EurOiOM.i.::"r; GAg ?r~j$Cll,l:.. 02 \')~5 C12 AbChmlOt C BrIdge D8III11 .':'" : ~ ~ ......... ' :- J II..~ I .. . . :.: ........ -:. . ..~.. I' j ! . r.." .:1.. .. . : ---. :-.-.-..... .--....:.--....... .......,.",.......-... -. ....--- - -. ~- ":"- -:.--- -~- - ----:----.... ............ .- i' ~ I ! I " t!, I . - \:,' ....~~.. '. . ... r ..'11 c '1 ~. . : I - ~~':.: -..,.~ . :- '1- . ..... .. .. . .' ~'~'~~.'.{':f:. ~.'.~ ~i~ ",:. ':. - .. - - ". I ....- . ,... 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A o T'o:'e SU:11p.:~jll~ PI~::; Ed$:ing U:;J!3!1(J H;dJl:m ~ .r.... ft, 1 ~.", I ;m""~'lfI"~II'I'f!, " , ,c ,..~ 'H:ior"J (. , ,rr<; 'rr'~"" ,lr,' ,.",",!' 'f:..; ';....f;':.;. Carter::Burgess Upland Habitat Tree Sampling Plots t)n>ecrn l.n:"(- D'J'.~0IJP;1")f\: !..HrtOn, D~r,;':;lr,CO"Jf',lf. T('.as CSI3 P:'-'Ji.>(;~;.b -~23D23.t,"O 501.;:c;:: Alf;.'h~:o USA {20J.rl 1 ''':~,,>~..nU'1 C"}r:~,)n. Ttj'J:" CAC~';:~~.~(~:;'t~J ~ ;~ci Phologrlph 4. P10t 4 looking nonh !January 11, 2006i. lJn.c-::m lJt~~ Dc.r:1::>r1 Tln:ls. ::~~~,.i B~'"':llj~s..Ir)~. eM] p'o:i~:r N:.G;?196S UIlC()"tl!.iO':", D"1l1:Y'_l'ios G,J;W!.f!l;rr.JOSli,In;: C~O ;:>'~i;;o=t t4::> 02196:, ',,> ~/ r " ,!~,: ~... {:;~'~, ;. ( ..~:if..::J:.?';"."J :",~~~' ~. :'("1 '~t' . ..~:~~ t'.~L <2":' ,'.., .~l,j ;-- '-." .~..7i.,,: ", .,.~ ../, ::J i ~:~~~~:'f7.-"..;. PhotOQtBOh 7. PiG: i Ic.~[f';O s0uHr"cst iJ,lIIuar\' 11 2006\ PhotogrBph 8, ~iOl" I(<'~ irI!J nQrHlI~,1$1 {J,Hll,Ii.H)' 11. 2C.:>q. 'JI\I:OI"; ~";,,, 0-:!():"~,, ;i:u~ (..,,~(:.." ~. 3';r::'~i~. I": co." :>'~.'c:!j:. (){:~'r;~ Photograptl10. Plot 10 looking r.or'lh (Jarhl"tr 11,20061 Ur'wmLa..~ OYltvn, hy.~ C-3n~f & B:;"9I..~,;. Jr.;: <:SBPmjec:1X<:U11!j[;5 \In,;(,,,,!.,,.,, i).;nl(>", r~.,-,',; c .;~' ;;;L~~<;l'~;;; ,~~:; Attachment 8 Site Photos .- '-"'7'...-- ----. Looking southwest from Unicorn Lake Blvd. Conclcnsclt'lM Page 5 Pilb'C 7 . 1 (UMM1ssJ.ONl!.K snZANGI~: The next ilClll win 00 I "UIC lk:..1hhy 1.r\:c l~\il1l"il)g si~ k> cijWt.iilCh dbh" thaL~~ .2 OIU public .hcurings and .for ~ of .you Who .arc Jtlaybc 2 dian~'T nt bn:a,t hcigh~ In \lKlSC lot~ wix::rc native 3 liNt" timers 11M:..wc lk) lIUYC :l.caru. If you wisll to J. trws Inust be .removed fiOln lhc-I\.,~ yard, thu apl'licttnt .4 spcak ill .-the J'llbflC tJC1~ yoo will {~ fb ktvc filled 4 . win tm1vic.lv n live (n\)( .lfQ; .\)J~ a n"11il11\_1111 c."1Iibct .sa...: v1" ~ uut it ycll(lW c:wd ~lnc.t lum it in down front. If )\'U dn 5 six tn eight inches- dhh. 6 not Imvc; 11 yellow.cartL .)'4~ wilt llQI..bc a.1Jowcd. 10 sp:ak. (, And.. finaUy_ the J~lluiti~li<)l\ ~-un;, 7 ^l$O~ at Ihc lC1~t ~)lJr of public hcnring~ W'C hnd 50100 7 rhc aJ~pJjl,.';i)nl ptnp4 ),~~ to 'purclmS'~ and (ltx1ic~r.c 1 (.) QCtC,~ 8 di.~.utbao~ fnnt' tbc audia1cc. lnu~ n~ agairun .tJlC ~ (~f ur1at\(l hnbi.t."1t f<.)r }'\l\-~lion:md public u.~c. TIu; Y rule ()f ()ur Commission. 9 property is iu.,t.iaccnt to CXiS-ling lake 10tL--U yturk and .is . JO ~nlC .p:i'lpk; ~ ~ alklWC{( 1(\ !(punk 1~ .'10 part of one of the l~"'Sl and unlniti~~kxl upland hnbilal . 1 J arc to C(mlC bcI()(C It... :tfC l})OSC; {k.XJrk: wJ1() .aJ\; al l~ I J r:.!':A.1 mnailli~ in the City ~ . 12 f\(Kliulll or tb; (:. )lIUlli!(~ioocrs ,,"'it st.an~. So wc'd appreciate 12 J I,,-'TC \VC bnvc an ~..cI"'i\1 whi~h ~h4lW.~ the . 1.3 it ,ldf.tiB'tL if you're .11<11 :4[ tlt.k; o( [ho~ t"Wo ~I".-~.. that J.J Jocation :of tltc .prul'ns:cc.) I1titig:ui<ll1 al\::rl~ The ~(;1 . .14 you would ku..1l COllUllt:Ilts ;and distlU'banc~ ('toll or lhc l4 configufL\litxl ha.s nol yUl hcc11 dCELYIllincd. And [ do have . .f 5 .pmccdW'C.'i. 1 5 if.we.; wunt -- ll\.\:d (0 l()()k a tiUh; r urihcr OUt so .you ~"C1. 16 The Iml itou tlm.t we hevc tfNliglll is ';1" 16 un id~l "f wb.:rc thi~ is' in the Ci..y. Li.lkc F()I"\".'"'ill)~rk i.~ t 7 ^.hCm.l\UVC .1>cvcIVplt'JQO"\ "1 ~an for all I ~nvjrrH'un"l1at 1.7 tbc pro[1o:\\.'ll dog .p..'ltL To tile: ~1 i" uIso D l'ubJit .{lClrk.. 1M Scnsit.v~ ^n:n. h's a 71 ~Ol acre U'lICl Joc31OO witllin 18 Anti immcdialcly to tbc co~~ of Ihi~ area IX Lcxillb~nl J)nrk ; 19 133..5 acre Unicom .Luke; St"ibdivision. M,,~ S]~ttoo, . 19 Subdivi~ion. 20 MS. ~Hl':r ~'fO~. 'rhallk Y(lU :md good CV(tIiJ~.. 2u Due 10 the ~hul"1. lin~ lioo. sk'tfr has not . 21 l1u.s cas~ wa.~ .wblc;d fmll. the Aptil 12th. Phmn,ing .and . 21 bad nn .l )(lp.vI1ul.ity IU f\}V1ew :the d\.1ilil~ of tlli,:. .pTOposu!: 22 .zoni.ng Commission .ana;ting. ()n ^rril 1411101. the apfJlicunl 22 IUlWt,,"'\Icr~ basW (m the inn'U1nalic.~ providcd~. Lhc. ru.tlCI1dOO . 23 bcId .n ~horllood nlOOting. At tl\;lltnccting 56 J'C'.\P]~ . 23 rn.lpOs:Jl.ap~ to .1UQ.;.1. \hQ Qb.i~.tivcs of 1hc Ocnt(m .Plnn 24 ~pt the rcgj~~ in nucndancc.. hn\\o\,~. I ~ tll sun: tba 1 24 nOO ~ DctllOU TX--vcJopmall (;odl; n:; provided in Section ~:s .~ Wll!t l'l'pf(\',,(1tnatcly J.oO roorlG were a..:.hwlly at lht; 25 35 r t 7.12 of tbc lkll.ton IA~11'rmlcn\ <..:.~ which is l.llC Page 6 .17 1& 19 20 21 22 .23 24 .25 2 J 4 5 .(, 7 .8 .9 .1-0 11 12 I) 14 . 15 : 16 . ,'7 1M 19 20 21 22 .23 24 Ilc"igl\h(ltl)( l\ Ml n tUiling.. Tho 3ppl1CCb'U llU;J1tiuucd at that tiJ)~ tbat he wa~ wl'lrlcing on Jindhlg tt.~ lm'td tc.l dcdicalC for \':lmscrvUtioo. nJ .~tt of a - {)f the ^ UP miljga.tKm. fur Urucom L3kc.. Mr. Shelton iUSO oO"CrOO to provide addititmnl ~i,. to eight inch live ()ak trees in (be rear yards ,)f lbe I'f& )(KlSUtl res i<.k..-,.H tal lots lllr.~t will b-; ahutting tl~ Sundown .RuJ1ch Suhdivi.~ion~ M ~ l.~ tllClC Wi1S much dehate omong.<t thost; in aucndanec ..q3f(lidg Whk;h ~~ .better lor the neighborhood. The upUr1Jncnlt; wilh tl:c p~ctYcd upland Im.bita~ or the &3tcd singu.-fwuily ~ldctl1ial dcvcloplncnL I ~rlicr 1(l<.lI1Y .~l;zff U&'1 willl Ilk: applic1Iut 1~'t diSl: I.1ss ndd'ili()nnllnil~1ioo .mcw;.urcs. ~ lu;(~li("l n'~ISW\S sup"lun~ut D1.11 do DOl I'Cf"L.'\cc tbc pn.."'V ious1y J'A"lJ'OAAl milj~lion ~c;urcs j')1'Cs\mk;c.l l(1 tho 1Jibollil18 wtd Zoning <":olluniss.iOIl on 1-i;bn1ury 2211d .of thi.-; year. .Kv"Y rOO\uro..~ of tile additionull" itignuoll InG.'SU~ illc lude .increase in tbe !'Cat I( ~l sctlmck~ of the propcnia; :\djQCCt1t t(l the Sunduwn l.{nnch tt,. a {Uillin-lUIU (1f 20 Kx.'1... -( mEinal.1y t~y were pruptl~\xl 1('1 .00 1ell. ()n IlJts adjWXtll to Sundown K..al)ch~ tllC npf\Jicant ~(.)nUl1.its. In prc.~crvi~ ilS' Jnauy existing In;cs. ,IS ['<'ts,s,iblc dutio,g tllt; t;'e,ftlJ;,arUClino pl'OC'cSs. I ~V\.ry ~l,r lot . .;lhuUu* the SIUU.K]WU R'-'nch Subdivision wit [ h:zvc.at. k...~1 .PBb'C M . 1 2 3 4 :; 6 7 )j 9 l(l 1 I 12 13 14 .f 5 16 dctining criteria fllr thi.~ J1.."VR.,w. Staff. d1l..--rc1~r.c.. gi VQt a q U1J Ii ficU )\X:'UJl1l11alW.ltit u) fur appnw:l1 ~'S ~uncndoo. The appJitant ~f) (;Ullllnitu.allU W(lrk with s lan~ 10 ((:S()tvc any f\m\\lining (1c1:uJS as, ncccci:~.ary ",rior lJ." finnJ ~.pprov:.;l by the (:ity U"JllilCil.and I w<.tUlcl be hoppy -t4,1 t3kc o.ny qoe"iti(ln~. W~ i11~(l u hu.ve Or ~ Kenneth Uank~ ()f 1he I ~n Vironlncn\"1.1 QttalilY. .r>ivision to CtWCt .allY qU~-li()n~~ that r can ~ t. COMMrSSIONJ~~ S'fRANoH1 , think Ji)( the -- Ittnyl~ ft.')f \;'"VCl'Yonc.l.....""t'e.. c<.\.ukt ~)\1 uc;.'-lu,Uy l001U ()Ul sa ~-VCt)'t)dC can ~w wI~ ulis is? MS~ :)I1~l;l'O": (:an \tIC go to the 1ll\1J) here on rh: table? ( "( >MM 1S-.'ilON ER S11.tANC .ro.: I T()w\"~"'T you t d like .{.O do it. Ms. ~J WI ~TON: rhis property was recently purcluL~l by {.:ndc...,vor i ~Il\..~ J.{Qiuurt:c.",. .n gas 'Welt cJcvck)f'cr A J fete i~ the tJtljt:nru Lake 11JUl. (\)MMts...~IONER ROY: r .(,,,.j,, where i~ Ryan .({oud Of SdUn; n..laC1 th\ll -- MS. SUEI~T()N: Ryun Ro:1d is right actmis hcrc~ I 1cn:5 S (i(xxl S:1m. Ilcrc' ~ the 1Cos.k:y Pa.tk S\lhdivi~i<m Uml. we looked .at 0. 'WCclc t1t :<<l ago. OOMMI5SI<}Nl~( R()Y; 'rhe ,l'l{( JHlrk? MS. SUl ~I ;TON: 'filtH i.~ -- tbe: Luke I :('trn.;sl 25 PLANNJ:NG AN.D ZONING MINUTES APRIL 26, 2006 I .. ciI svv.e..s.sea 1r6 ..::.."<:=.." .:.::u..~"":-:~.~<;i:.;;::,;j:..:':'~ :-::-..<.......:.;::L; .. ":". ._~:-::.:...~:...~-:;...~...~...~..:i.~.:.- I.~...~ ..~; .. Page 5 - Page X UOs.u~.or u.or .8 1 Y. .= 8.0 90 SO h.e;w . .......... ".:.... ~... :::.::...:.. :..:. ~::.;:.:.. _~..-_:!"-..... ~i:~.-. ~~.~~,~...::~:...::::.:.:.:_::~:..-..:.:: ..:..:~.;.......:: . CondenseIt 1M Page 9 P.age 11 1 Park is the dog park. So the purpose of this would be to 1 something else. The upland habitat on this property is 2 provide connectivity between this open space which is 2 ahnost two-thirds of it, so it actually. goes from here all 3 owned by the parks department. And Irm sorry I don't 3 the way down, designated upland habitat. 4 recall the proper name and Lake Forest Park. 4 COMMISSIONER HOLT: Is that protected or is 5 COMMISSIONER STRANGE: Thank you. Any 5 it just the tree? 6 questions of staff? 6 MS. SHELTON: The upland habitat on that 7 COMMISSIONER ROY: Excuse me.. 7 property, the only way it's protected is if it is 8 COMMISSIONER STRANGE: Yes. Mr. Roy. 8 developed as residential use, no other use, not the rock 9 COMMISSIONER ROY: It talks about the 9 quarry, you know, originally this was the ACME Brick 10 applicant commits to preserving as many existing trees as 10 quarry. That upland habitat was not protected under that 11 possible during the construction process. One could 11 use or under the gas wells. 12 simply trust the construction crew or is there some way we 12 COMMISSIONER HOLT: So that could be 13 could be more clear on that? Could that be a joint 13 clear-cut? 14 decision by a City inspector or -- and the applicant? I'm 14 MS. SHELTON: It could, I mean, according to 15 just trying to see how that would work~ what criteria 15 our rules. 16 would be used, you know; to say ies possible, to save it 16 COMMISSIONER HOLT: Right. Okay. Thank 17 or not. 17 you. 18 MS. SHELTON: 11m not familiar enough with 18 COMMISSIONER STRANGE: I have one question. 19 construction processes to understand how you could control 19 I think I know what you mean. But you say the proposal 20 that. I'n let possibly the applicant address that who is 20 appears to meet the objectives, and you give a qualified 21 a developer. 21 recommendation. I guess I'm wondering what does that 22 COMMISSIONER ROY~ And one more question 22 mean? 23 and maybe the applicant can address it, too, this 10 acres 23 MS. SHELTON: I was anticipating that 24 of upland habitat that he's proposed as a mitigation, to 24 question. It means that there are some details, some 25 what extent is that treed? That it has Inature or how many 25 legal details to be worked out. It will become a part of Page 10 Page 12 1 trees are on it? I know you just got this today, but I 1 the Alternative Development Plan but how we go from a 2 mean, that would be something that I would like to know. 2 piece of property there to a protected environmental 3 Is it -- what's on that property? 3 conservation easement, those are the type of details that 4 MS. SHELTON: Right now it's heavily treed. 4 have not been -- and for that matter the exact location. 5 COMMISSIONER ROY: n is heavily treed? 5 We know it's ten acres. We know that it will be adjacent 6 MS. SHELTON: It's upland -- designated 6 to Lake Forest Park, but the actual configuration we have 7 upland habitat. Yeah, until there f s further -- I really 7 not -- it has not been brought forward. So that is the 8 couldn r t tell you. I know if s very dense in that area. S qualified part. 9 LEGAL: It might help if you go back to 9 COMMISSIONER STRANGE: And that's assuming 10 that slide. It might show it, the one that you had 10 that this will happen? 11 earlier. 11 MS. SHELTON~ Yes, sir. 12 COMMISSIONER STRANGE: MrS. Holt. 12 COMMISSIONER STRANGE~ And if it doesn't 13 COMMISSIONER HOLT: Yes. This Endeavor 13 happen? 14 Energy, what is the plan on that piece of property. 14 MS. SHELTON: Then the ADP will be not in 15 MS. SHELTON: well, I know tbeyfll be 15 effect. 16 putting gas wells. There's already one existing gas well 16 COMMISSIONER STRANGE: okay. I just want 17 on that property and there will be another. Now, what 17 to be clear what direction wetre heading with this. 18 they have planned for the rest whether they'll sell it off 18 MS. SHELTON: Yes, sir. 19 -- they've only recently purchased the property, so we 19 COMMISSIONER STRANGE: Or are you clear 20 have not received any documentation as far as, you know, a 20 what direction we're heading with this? 21 gas well plat or anything else. 21 MS. SHELTON: Yes. But I am -- the 22 COMMISSIONER HOLT: Is that part of the 22 mechanisms, the legal mechanisms that will have to go in 23 upland habitat? 23 place, I do not know. The fact that there is 10 acres of 24 MS. SHELTON: All of -- almost all of this 24 upland habitat offered for mitigation which is permitted 25 -- that's not going to help, rm sorry. Let me try 25 as a part of our Code is the part I do know. PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 9 - Page 12 Condenselt 1M Page 13 COMMISSIONER STRANGE~ welL maybe we'll 1 just let this -- see how it plays out and then we'll 2 figure this out. 3 MS. SHELTON: oh, I hope not. 4 COMMISSIONER STRANGE: Any other questions 5 of staff? Mr. Roy. 6 COMMISSIONER ROY: I defer. 7 COMMISSIONER STRANGE: MrS. Guzman-Ramon. 8 COMMISSIONER GUZMAN-RAMON: Thank you. 9 1'm at a little loss, I think. Putting aside the 10 mitigation that we received today i and what was in our 11 backup, how does -- I guess, how do the mitigations 12 coordinate with each other, especially with the first 13 recommendation that was in our backup about they have to 14 -- according to the Development Code in Chapter 17, or 15 Subchapter 17, they have to maintain a contiguous 50 16 percent tree canopy, where does that stand now? Do they 17 still have to meet it in relation to the new mitigation 18 that they've laid out today? 19 MS. SHELTON: The 50 percent -- 20 COMMISSIONER GUZMAN~RAMON: I guess my 21 question is, do they still have to meet that 50 percent 22 tree canopy? 23 MS. SHELTON: NO, not on the site -- on the 24 actual site. They will still be required, the things that 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they offered at first~ which was the plantings along -- around the Unicorn Lake area, the natural area, the social area, I believe it was called. Those things are still -- that's still part of the mitigation~ But rather than -- and staff recommended denial of that that we didn't feel that that was an adequate mitigation for removal of the upland habitat -- or moving of the upland habitat. This, however, preserves 10 acres of upland habitat that will be contiguous to other upland habitat. COMMISSIONER GUZMAN-RAMON: okay. That was my question. MS. SHELTON: 11m sorry. COMMISSIONER GUZMAN-RAMON: Thank you. That's okay. Thanks. COMMISSIONER STRANGE~ Mr. Roy. COMMISSIONER ROY: well, a question for legal, I think, to try to get to the end of what you were saying. We cannot, of course~ give a qualified approval or a qualified denial. And if we gave a qualified approval and it did not materialize as staff anticipates it to materialize, where does that stand then? LEGAL~ well, the nature of an ADP is a -- it's a burden, if you will upon the development to meet those criteria as a zoning condition essentially. If the Council approves this .Alternative Development Plan which Page 15 is intended to meet or exceed the standards that are otherwise provided for in the Code for tree mitigation, the 50 percent canopy, I think, was referred to earlier, then the ADP itself would be a zoning requirement for the development which the developer would have to meet. Now, if for some reason they failed to meet the requirements of the ADP~ they would not be in compliance with the zoning requirement. COMMISSIONER ROY: But normally those requirements are known and agreed before it gets to this point? LEGAL: Right. COMMISSIONER ROY: And so my question is if s not at this point and I think there's a need for action on this issue. LEGAL~ Right. COMMISSIONER ROY: what happens if we approve it and there is a failure to meet the expectation of -- of staff? LEGAL~ If you recommend approval, it goes forward to Council, then Council approves it. And then if there's a failure to meet it, then there will be a zoning violation. COMMISSIONER ROY: okay. I think I understand that. Thank you. Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER STRANGE: staff. MR. LOCKLEY: This was just presented to staff this afternoon but I can share with you maybe some of the issues and items we discussed after that in terms of, you know, some of the issues that you raise in this hearing. One is that, you know, the applicant comes to an agreement with the City in terms of meeting, say, certain performance standards, if you will, that are date certain, so that in the event that a date were to be reached where he did not meet that requirement then he would not be able to proceed any further. We could tie it down so that it doesn't get so far along into the process that, you know, and he's got half of his project developed at -- then we find that he t s not able to meet his obligations and conditions of that ADP. These conditions could be spread out over the tenn of, say, of an agreement with the applicant to where we could limit, say, for example, the number of pennits he were to receive by a certain date, that that mitigation would need to be in place and that the City would have the ability to decide what shape that ten acres takes in this area that's identified on the proposed ESA. SO the City is not, you know, just out on a mnb by accepting this proposal, however, I do understand some of your concerns with, you know, this information PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 13 - Page 16 Condenselt ThI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER STRANGE: I have one other question -- I don't know if you can answer it or if Dr. Banks is going to. What is the status of this floodplain in this area right here where that red circle is? DR. BANKS: I can answer that. I don't have the exact -- good evening, Commissioners. I don't have the exact flood plain boundary there, but that is a lOO-year floodplain, and as such it is an environmentally sensitive area and is protected along with the other environmentally sensitive area types within the City. So there are very stringent criteria with what can happen within a lOO-year floodplain . Basically, the gist of it is very li1nited to no developlnent can occur in 100 -year flood plain. That area is .an ESA and is afforded protection and reviewed just like any other ESA. COMMISSIONER STRA.NGE~ I guess that gets to the question I had, this area is -- wo~d.be protected anyway whether they put this 10 acres in there or not. DR~ BANKS; NO, the ten acres that they're actuall y referring to are outside of the 100-year flood 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 plain but adjacent to it. 1 COMMISSIONER STRANGE: well, that was the 2 question I asked, where is that in relation to the circle? 3 I thought you said it was in the lOO-year floodplain. 4 DR. BANKS: Yeah, I believe the circle may 5 actually go into the I DO-year floodplain, but I think that 6 the circle is not representative of the true property. 7 It's simply put there as a point of reference to show 8 approximately where this is going. to be. located. It 9 needs to be located adjacent to the Lake Forest Park and 10 outside of the IOO-year floodplain would be -- 11 COMMISSIONER STRANGE: Thatts my question. 12 Is the ten acres, is any part of the ten acres in the 13 floodplain? 14 DR. BANKS: The applicant is purchasing ten 15 acres of what we have mapped as upland habitat. We do not 16 have any overlap in our maps between 100 year floodplain 17 ESA and upland habitat ESA. BY definition that upland 18 habitat will not be a component of the IOO-year 19 floodplain. 20 COMMISSIONER STRANGE~ I just want to make 21 sure wefre not double-stamping one piece of property. 22 DR. BANKS: I absolutely understand. 23 COMMISSIONER STRANGE: If we're doing an 24 exchange, I want it to be a real exchange. 25 .PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 19 DR. BANKS: The exchange is upland habitat for upland habitat. COMMISSIONER STRA.NGE: okay. So there will be no floodplain? DR. BANKS: There will be no flood plain by definition. COMMISSIONER STRANGE: That was my question. Mr. Roy. COMMISSIONER ROY: One question I think either for staff or legaL The Unicorn Lake project was exempted from the Tree Preservation Ordinance. And the applicant is using the Tree Preservation Ordinance, one of the mitigation features of that ordinance in order to mitigate this tree removal on his existing site, so there r s no conflict here? DR. BANKS: The preservation that youtre referring to is actually codified within the tree preservation standards. The tree preservation standards do not apply to this particular property because of the date that the plat was filed. However, the property was identified as an ESA, and ESA provisions do apply. The mi tigation for tree preservation is in no way, shape or form the same type of mitigation that wetre talking about here. The mitigation for tree preservation is Page 20 very well defined within the Tree Preservation Ordinance itself. What this is is in effect an attempt to create a no net loss of upland habitat canopy cover within the entire set of upland habitat that we have mapped within the City. So it is in Initigation in the sense that the site constraints do not allow for preservation of 50 percent of the trees on the site and the single fami! y housing development. However, the mitigation there is simply a word to indicate that something off-site is being done to compensate for that. It in no way, shape or form overlaps wi th the mitigation of the tree preservation standards. COMMISSIONER ROY: okay. Thank you. LEGAL: They're actually in different sections of the Code. The tree 1m tigation standards that are exempted are in Subchapter 13 whereas the Environmentally Sensitive Areas are in Subchapter 17 of the Code. COMMISSIONER STRANGE: Mrs. Holt. COMMISSIONER HOLT: Yes, Mr. Banks, so this upland habitat area right here that they're wanting to mitigate is exactly the smne as the upland habitat area? DR~ BANKS: No upland habitat is exactly the same. COMMISSIONER HOLT: well, I mean, Page. 17 - Page 20 . Condenselt 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 basically. 1 DR. BANKS: Basically, you're talking about 2 an area that was mapped as upl1;md habitat which was 3 subjected to the same criteria as any other area within 4 the City when that map was created. So the same criteria 5 that were applied to identify the upland habitat within 6 the Unicorn Lake Development is the smne criteria that 7 were applied to this. 8 COMMISSIONER HOLT: And so this is 9 protected? 10 DR BANKS: Right now it is designated as 11 upland habitat. The status of it being protected depends 12 on the type of develoPlnent that you have there. Right now 13 Subchapter 1 7 states that upland habitat will retain a 50 14 percent contiguous canopy cover for residential 15 development only. So depending on what type of 16 development ultimately happens on this piece of property, 17 this mayor may not be protected. 18 COMMISSIONER HOLT; SO it could basically 19 go the same way that possibly -- 20 DR B1\NKS: NO, no. Once if -- once this 21 occurs and the purchase is made and it is designated as a 22 protected area, then it in effect will not be touchable at 23 any -- and tbatts one of the things that we have to -- the 24 details that we have to work out to make sure that 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 happens. But, yeah, the idea there is once that -- once itrs there, it cannot be touched. lu1d if this area were to go to residential development, the remaining upland habitat would be the -- the way in which the 50 percent canopy cover would be -- would be evaluated. So this would be completely removed from that equation. It in effect would be the s.ame as a park area off the table for any type of mitigation. COMMISSIONER HOLT: Thank you. COMMISSIONER STMNGE~ Thank you, Dr. 1 2 3 4 5 6 7 8 9 10 11 DR. BANKS: Thank you. 12 COMMISSIONER STRANGE: okay. Is the .. we 13 will now open our public hearing. Is the applicant here 14 and do they wish to speak? 15 MR. SHELTON: My name is Bob Shelton. I 16 live at 2803 Ranch House Drive, Denton; Texas. My company 17 owns the property out there. And we're here as the 18 applicant. We do have three or four people here on my 19 staff that would like to address the council in various -- 20 P & Z on various is sues that might be pertinent to the 21 project. 1'11 try to give you a little bit of an 22 overview. Hopefully; all of you are aware of the Unicorn 23 Lake Project out there, what we've been doing and -- over 24 the last five or six years in conjunction with the City, 25 Banks. PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 23 in conjunction with the City's help in designing the da1n, recapturing the lake out there and redoing i'4 helping building Windriver Boulevard. We have a 380 agreement with the City right now on half cent sales tax rebates. We also have a COG grant to help with the landscaping, the sidewalks and trails throughout the system. So it's kind of been a city private development program right along. We -- as we got more and more into it and I think if any of you have been out there lately, you'll see that we do have quite a bit of construction going on. As we got into the project, we felt like -- and the more retailers we talked to, we made the decision that higher end homes up here on this hillside would be more beneficial, not only to the project itself, but certainly to the neighborhood. We had visited with the builder here in town, Mr. Key. I think everybody knows him. He is very excited about trying to go in here with some high-end homes. We, obviously) have an ESA issue out here. We're -- first of all, I want to thank the P & Z for allowing us the tiIne to get a nutigation plan in place. We weren't at liberty to speak about this mitigation plan earlier simply due to the fact that we did not have it in place~ and it was ongoing between Endeavor and ACME Brick was -- Endeavor was really trying to get Page 24 the property closed and everything before they'd really sit down and talk to us about it. And so we had called ACME Brick on several occasions trying to make this happen before these other P & Z meetings occurred and were just not able to do it. And we had not -- did not have an opportunity to ~- even at the last HOlneowner's Association meeting~ early Homeowner f s Association meeting, we did not have this nailed down~ So kind of to, you know, that r s really where werre going. We're trying desperately to mitigate it with an off-site property as like property. And, you know, beyond that, certainly have an engineer here that can talk about all of the nuances and the plan and what we anticipate doing. rvtI. Key is here to address what type of housing we'd be putting in up there. And then we have our attorney here and she f d be happy to address any concerns from a legal standpoint as to how we would address and your assurance that we're going forth with this. Be happy to answer any questions. COMMISSIONER STRANGE: Thank you. Any questions? Thank you. MR. SHELTON: NOW, if I could, r 11 ask Mr. Key to come up and talk for us. MR. KEY: Good evening. r m Kent Key. I live at 3100 Triple Crown Court in Denton. And I am the Page 21 - Page 24 CondenseIt 1M 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 guy that t s trying to build the houses that we f re trying to 1 develop the lots for. This is the subdivision layout of 2 the houses, just so you guys can kind of understand 3 because this doesn It have any dimensions on it, but the 4 lots are basically 50 feet wide and around 100 to 120 feet 5 deep, the depth of theJ.n~ the deeper lots being on the back 6 back here. 7 These lots are something that I think 8 there's a great demand for in the City. We have -- I 9 continuousl y have people that want this kind of product, 10 which is a nicer product Sometimes they're absentee 11 owners. Sometimes they live there -- they come in to 12 visit their kids or their grandkids that live in this 13 area. And then they're gone. Thatts one of the reasons 14 we're asking for a gated collllnunity so it will be a gated 15 secured connnunity with a fence all the way around it. 16 At the gate, this is a concept drawing of 1 7 the gate~ That's kind of what we're talking about and 18 there would be a gate at this entrance point right here 19 and then another exit gate at this entrance point right 20 here. 21 22 23 24 25 Page 27 apartments. This property is zoned for apartments today. They can sell it for apartments today. I believe itfs a better project for the City of Denton to have housing here at a -- at a higher end housing than to have apartments here. I've done a little bit of research from the City and the School District and 310 units of apartments ate actually what are allowed on this piece of property today. And that would -- this is the City's numbers, at an average cost of $60,000.00 per unit, that would be about 18,600 -- $18,600,000.00. The single family houses averaging about $400,000.00 per house would be about 44.8 million dollars of ad valorem tax that could come -- not of tax~ but of taxable property that could come in. So the city t s ad valorem tax would be -- on the apartments would be approximately $119,000.00 .and on the 112 houses, you're looking at about $273,000.00 per year income. That's a difference of $153,000.00 in taxable income to the City. I think the bigger impact is on the schools. And the school district at 310 units, that would add approximately 214 kids to the school district at Sam Houston. And the tax base: on that using the same nlUllbers that we used, that would generate -- apartments would generate $346,000.00 in school tax revenue and $835~OOO.OO in housing -- in revenue from the Page 28 housing, which that's almost a half a million dollar difference per year for the school district and many less students. So I think the economic benefit for the City of Denton is about $641,000.00 for the school and for the City Ad Valorem taxes. The other benefit to the area is the number of vehicle trips that happen per day. The vehicle trips are about 983 vehicle trips per day more with apartments than they are with housing. Thank. you for your time. COMMISSIONER STRANGE; can I ask you one question, Mr. Key? MR. KEY ~ sure. COMMISSIONER STAANGE: I couldn't really see when you had your houses up there, you were showing those were front entry, the pictures of the houses? MR KEY: They load through a porte-cochere. COMMISSIONER STRA.NGE: Through a porte-cochere? MR. KEY: Yeah, they are -- they have a front door that faces the street but they load through a porte-cachere and a motor court so ifs not a front-load garage. COMMISSIONER STRANGE: Your garage is in PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 25 - Page 28 So those are the two areas that we r re talking about gating to -- and that's part of the Alternative Development Plan. These are the houses, just concepts of what wetve.drawn to start with. Theytre not 1 2 3 .-4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 zero lot line houses because they have windows on both 1 sides of the house. They are all dra\Vl1 as a 2 porte~cochere. Theyfre not front entry garages. They set 3 back. Theyfre a nicer higher-end product for empty 4 nesters usually, not to say that they couldnrt bave any 5 children here, but they -- people with three or four kids 6 would not be buying one of these houses probably. It 7 would be smaller families or the over 50 population which 8 is growing in this area. 9 So thafs the product that we're looking 10 at. Those are the lots that wefre looking at. As you can 11 tell on our -- on our other plan which was the lot plan, 12 we have tried to leave strips of trees. I mean, we get no 13 -- we get no credit for that under the Cityf s Code but we 14 have left park areas behind strips of trees and strip s of 15 trres along the lake. Yau know, we hope that those make 16 it. We don't know. There is a great grading elevational 17 difference from the top of this down to the lake. This is 18 a steep hill and so there is going to be, you know, a 19 considerable amount of grading that has to be done on this 20 lot, on this project over there~ 21 One of the other things that I wanted to 22 speak about is being a resident not a builder tonight, 23 because r m both here in the City of Denton, is the 24 economic impact of this project versus the project of the 25 Condenselt I'M Page 29 1 2 3 4 "5 6 7 8 9 10 11 "12 13 14 15 16 17 18 19 20 21 22 23 24 25 the rear? Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 smaller trees, bare-root seedlings, that type of thing. There was about one acre of existing upland habitat that was maintained as part of this, but the rest of it, nine plus acres was replanted smaller trees. That was the glitches as staff identified in meeting the intent of the ADP code. MR. KEY~ That's correct. But not in an alley . COMMISSIONER STRANGE:" okay. I just couldnrt see that. That was pretty small up on the ~- with my glasses. MR. KEY: can you see what I'm talking about there? COMMISSIONER STRANGE: Yeah. MR. KEY~ Thatfs the porte-cochere. That's the motor court and then this "is the garage. COMMISSIONER STRA.NGE: All right. Thank you. 1V1R. KEY: Thank you. MR. MCCRACKEN: My name is Paul McCracken. rm with Carter and Burgess at 7950 Ehn Brook. And I'm just going to briefly summarize the ESA ADP and the comparison between the allowed rights and what we're proposing from that technical standpoint. Essentially using -- using this exhibi~ if we were to exercise the existing land rights arid to implement the multi-family project, this area here represents the existing NR- 2 single family zoning. That is approximately perhaps seven or eight acres, six and a half acres of the required mitigation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 30 The balance of the Initigation to get up to 1 ten acres would consist of this strip right here. So the 2 envelope left over, the muddled green area here represents 3 the area that would actually be used for the multi -family 4 site. So that t S a good realistic representation of what 5 "-- what's allowed by right, not only in terms of the land 6 use, but also in real terms and real image of what it 7 means to the ESA area, and the upland habitat. 8 If it were to develop as Inulti-family, the 9 logical use for this triangular piece over here would be 10 small office, couple three small office lots. And if that 11 were to occur there would be an additional one-acre of 12 preservation of ESA back here. So again, this is sort of 13 a -- a look at the at temati ve in terms of the 14 multi-family and exactly where it might lie and the 15 resulting upland habitat areas that would be left over. 16 Quickly, the hatched areas in orange are 17 the existing upland habitat areas that were confirmed in 18 the field with staff -- scientists from Carter and Burgess 19 and the City staff. The previous mitigation plan, what we 20 call ADP-l offered this area as mitigation. This 21 represents the roughly ten acres of gathered area as 22 upland habitat. The flaw in it that staff felt like was 23 there that kept them from supporting it is the fact that 24 lTIOst of this mitigation was, indeed, replanted trees, 25 This is still offered. This is still proposed. Everything that was proposed before, is still being proposed. It's being added to specifically the ten acres of acquisition that was discussed earlier and then the minimum one six to eight-inch caliber live Oak Tree in the rear yards of the lots backing up to the existing neighborhoods for an added bit of mitigation. We talked a little bit earlier about the, you know, SOlUewhat subjective, try to preserve other trees -- perhaps that's not the -- something that we should rely on. But we certainly will try and would invite City staff to help us identify those trees after the plan's been designed during the grading to attempt to save ones that we think could survive the construction. Again, everything that was proposed before is still being proposed, it's just being added to for the new Alternative Development Plan. As far as the mitigation area, what we think we -~ can happen and what we're suggesting would Page 32 happen is" to -- prior to any clearing of any trees on our site, the mitigation site will be put in a conservation easement and all of the details revolving around that that we can work out with the City Staff, other language that would keep that frOlll ever being cleared~ ultimately, could be dedicated to the City, but at least put in a conservation easement benefiting the City and preserving it prior to any trees being removed on the Unicorn Lake site just as an added safety factor, if you will, on top of what legal's suggested would be in violation of the zoning. We wouldntt be able to start anyway; but thatfs just an, I think, an added layer of protection there for the City. If there' s any questions r d be happy to answer them. If anyone from our team has anything to add u appreciate your time. COMMISSIONER STRANGE: we do have a couple of questions. Mr. Roy. COMMISSIONER ROY: could you go over what you just said about conservation zone versus this property being given to the City? Maybe I misunderstood what you said. MR. MCCRACKEN: I think the intent and the Sheltons bave worked out the details, the intent is ultimately to have it dedicated, but just in the seller/buyer transaction, if that takes time beyond our PLANNING AND ZONING MlNUfES APRIL 26, 2006 Page 29 ~ Page 32 Page 33 Page 35 1 schedules, your schedule, beyond the time we -- you know~ 1 homes. So that's kind of the bottom line~ if you will, 2 we want to make all of these decisions, that it could be 2 and how those all those things relate to one another. 3 parked in this conservation easement which would still 3 COMMISSIONER STRANGE: Are there any other 4 result in absolute protection of the trees until such time 4 questions? Thank you very much~ 5 as all of the transactions could take place and ultimately 5 MR. MCCRA.CKEN~ Thank you. 6 end lip being dedicated to the City in fee simple. 6 COMMISSIONER STRANGE: okay. We do have 7 COMMISSIONER ROY: I understand. Thank 7 cards for other people who wish to speak for this item. S you. 8 r 11 call your name and if you will come forward, give us 9 COMMISSIONER STRANGE: Mrs. Holt. 9 your name and address. We have Rick Woolfolk. If you r d 10 COMMISSIONER HOLT; Yes. How many acres 10 come down and then next to speak if you'd take the seat 11 would be lost under building the homes? 11 would be Kreg Rutherford. 12 MR. MCCRACKEN: The single family homes 12 MR. WOOLFOLK: GOod evening, members of 13 will eliminate 10 point -- to be absolutely precise 101 13 Planning and Zoning Council. I am Rick Woolfolk, 115 West 14 acres of existing upland habitat. Theref s a total of 11 14 College in Denton. rm here tonight as a representative 15 that's required, 11 plus, thaf s required to be preserved, 15 of the Denton Independent School District Board of 16 but there was already an acre plus that we werenft going 16 Trustees who last night asked us to weigh in on this 17 to remove anyway, yeah. 17 property. I might suggest before I start that you put 18 COMMISSIONER STRANGE: Mr. Roy. 18 Care-Flight on standby because last time we were here Mr. 19 COMMISSIONER ROY: And if we build the 19 Shelton didn" t much care for what we had to say. I think 20 apartments, how many acres of trees would be removed? 20 tonight might be different and he might have the "big one" 21 MR. MCCRA.CKEN: If the apartments are 21 because of that. 22 constructed, then there would be the -- roughly the same 22 Unicorn Lake is certainly a property that 23 nwnber. We were going to preserve an acre thafs existing 23 we have a great deal of interest in because every decision 24 and then we would remove an additional 1 0.18 to construct 24 the City makes impacts us in SOIne way. And if you haven't 25 the apartments on. And that's what that muddled green 25 been keeping track of whatts going on in Austin~ not many Page 34 Page 36 1 area on that one exhibit basically represented was that 1 people can keep track of that, but school finance is in a 2 .10 acres and a fraction. 2 state of big disrepair and we need some help locally as 3 COM.MISSIONER ROY~ so for the Unicorn Lake 3 much as we need help at the State level. We're in favor 4 site, if you build the single family homes that you talked 4 of the change of moving from apartments to single family 5 about or you build the apartments, your re saying 5 resident as proposed here tonight. 6 essentially the same number of trees would be removed? 6 Currently the 310 apartments would put 7 MR. MCCRACKEN: NO, the single family homes 7 approximately 214 students in the schools. There is no 8 virtually eliminate all of the existing upland ha bitat~ 8 guarantee they'll go to Houston as stated here because 9 all but an acre, but let t s just say all of it. The 9 Houston is full. So we would bave to move those students 10 multi-family site eliminates half of it. So the 10 somewhere else in the neighborhood. With 112 homes we 11 multi-family, whatr s there today by right, the 11 anticipate it would be approximately 60 children which is 12 multi-family zoning would have to preserve half of the 12 a big difference for us. And, in. fact, we're overcrowded 13 trees. 13 at Hawk, Houston, Pecan Creek and Wayne Stewart Ryan~ so 14 And the reason we're here tonight asking 14 we've had to purchase a piece of property where the old 15 for this is to basically have the right to remove all of 15 radio station was so that we would be able to handle the 16 the trees and werre talking about proposed mitigation to 16 crowd thatts already in those three schools. 17 anow that to happen. And this is why technically the 17 Sixty more students would not tax us~ 214 18 single family houses~ Kent's Homes, the gates, the pretty 18 would kill us. The economics you've heard previously, in 19 pictures, really have nothing to do technically with the 19 fact, 200 -- or $466,000.00 a year increase per year by 20 EsA ADP ~ but it tells the whole story as to why wet re 20 having 112 homes is 11 teachers for us. We need teachers. 21 asking for it, essentially leave half the trees, and have 21 We need quality teachers in our schools. And as fast as 22 the 310 units of apartments by right, nothing even -- no 22 werre growing, wefre struggling to be able to afford more 23 permission needs to be granted on all of the above. Or 23 teachers. For the City, 15 2~ 000. Thaf s not 24 remove all of the trees in conjunction with the as sociated 24 insignificant. 25 mitigation we talked about and build the 112 single family 25 And I hope because r'm speaking on behalf Condenselt 1M I I I . PLANNING AND ZONING MINUfES APRIL 26, 2006 Page 33 - Page 36 CondenseIt 1M Page 37 Page 39 1 of a governmental entity you might give me just a little 1 in. 2 bit more latitude on the time. 2 With the school district tally, that could 3 COMMISSIONER STRANGE: YOU have one more 3 potentially impact, you know; where our kids will be going 4 minute. 4 to school I think it would be -- it's very important 5 MR. WOOLFOLK: okay. Thank you. The 5 that we have as little impact as possible. Also, wer d 6 apartments would equate to about $2,169.00 per student 6 just like to say in support of this, that as I work in 7 where the residential would equate to about $13,900.00. 7 other cities across the metroplex selling real estate, you 8 It costs us over $7,600.00 dollars per student to educate, 8 go to some of these areas like McKinney, you know, Frisco, 9 so you can see it puts us in a bind if you approve the 9 a lot of these other towns where they have these types of 10 apartments or you let -- don f t approve the change. We 10 high-end homes, Las Colinas, these types of areas. And 11 think ~. Key is a quality builder. He's built good 11 itr s something that is definitely a gap in the Denton 12 schools in our District. We think that other impacts 12 market place as far as the real estate market. 13 because of this, there would be fewer police calls, fewer 13 It is a very niche product and I do think 14 other cities required by the City which is a huge savings 14 that is something that would be very advantageous. As~. 15 to the City at a time when they r ve had to layoff people. 15 Key said, I' ve also had quite a few clients that have 16 The Denton Independent School District is in favor of this 16 asked for this type of property, and itts just very 17 change and we would recommend that you approve the 17 difficult to find in Denton. And I would definitely like 18 proposal before you tonight. r 11 answer questions. 18 to see us move in the clirection as a Denton resident to -- 19 COMMISSIONER STRANGE: .Any questions for 19 towards the high-end homes as opposed to another apartment 20 MI. Woolfolk? 20 complex which is -- we have~ you know, a lot of with this 21 MR. WOOLFOLK: Thank you. 21 being a college town, and likewise. So thank you very 22 COMMISSIONER STRANGE: Thank you SO luuch. 22 much for your time~ I appreciate it. 23 Next to speak is Kreg Rutherford~ And following him will 23 COMMISSIONER STRANGE: Thank you. Those 24 be Chad Kan. 24 are the cards that I have for poop Ie who wish to speak for 25 MR. RUTHERFORD: Kreg Rutherford, 2817 25 this. We do have people who do not wish to speak but who Page 38 Page 40 1 Hollow Ridge Drive. I have two things that r d like to 1 support and for the record, I'll read those. And if I've 2 say. Firs~ which I'm going to second what Mr. Woolfolk 2 got anybody who f s marked a card wrong, please tell me. 3 said wholeheartedly about the: -- helping the tax base for 3 Joel Blixt, Richard Stephens, Brad Powell, George Rye, and 4 our school district. Itrs something tbatfs so richly 4 Mary McSorley. Did we have anyone else who wishes to 5 needed. 5 speak for this item? 6 In addition to that, r d also like to 6 Okay. Those who wish to speak in 7 comment that as a homeowner in this area, I think it r s a 7 opposition to this item; we will now start with Andrew 8 real importance to the people that live there that our 8 Hall and next to speak will be David Radabaugh. You can 9 property values be maintained and rd like to see that we 9 switch. 10 do this through, you know, building high-end homes, not 10 If you come fonvard, just give your name 11 apartments. That's the last thing that we need as 11 and address, please. 12 homeowners to have property values dragged down by such 12 MR, RADABAUGH: Yes, sir. David Radabaugh, 13 development. Thatfs all I have to say. 13 2821 Herefod Ford. Development is an awesome 14 COMMISSIONER STRANGE: Thank you for your 14 responsibility. We do not envy Mr. Shelton and his job~ 15 comments. 15 but he is fortunate. Everyone here tonight wants the S81ne 16 MR. KAN: Hello. My name is Cbad Kan. I 16 thing. We are all in favor of improving the economic 17 live at 3441 Lake Country Drive which is in Sundown Ranch. 17 cultural and envirorunental health and prosperity of the 18 Irm a local real estate agent here. I did work for the 18 City of Denton. The only point of contention is 11 acres 19 builder, Bowen Family Homes that builds about I would say 19 of old growth cross timbers forest behind our houses. The "20 roughly 50 percent of the homes that are in Sundown Ranch, 20 homeOwners of Sundown Ranch were informed in writing that 21 sold quite a few of those homes. So 11m very keenly aware 21 our neighborhood would be bordered by groves of mature 22 of the market conditions that are over there in that area, 22 trees. The homeowners on Paint paid premiums to live 23 especially with the perspective of the schools. A lot of 23 next to those trees. 24 people bought their homes in that neighborhood 24 When I\.1r. Shelton proposed luxury apartments 25 specifically because of the school districts that wet re 25 on the other side of the cross timbers we did not oppose PLANNING AND ZONING MINUTES APRIL 26, 2006 Page" 37 - Page 40 Page 41 Page 43 1 him. Tonight he's asking us to let him destroy the forest 1 you can see that nothing was taken out of context. 2 buffer and we are opposed. We all want to see Mr. Shelton 2 This is a video of the previous meeting, but -- we need 3 succeed in bringing to Denton the kinds of products and 3 audio. 4 services that are currently not available to us. But it 4 COMMISSIONER STRANGE: can someone with 5 is the responsibility of the people to question flawed 5 staff help with the audio on this? Perhaps, while they're 6 proposals. And it is the responsibility of local 6 noh, are you going to try to see if you can do that? 7 government to send flawed proposals back to the drawing 7 We'll give this one second, then what we might do is 8 board. 8 switch to another speaker while theyrre continuing to work 9 Mr. Shelton insists there is only one 9 on that. In interest of time, why don't we do that, if 10 via b1e plan for getting houses on to the environmentally 10 you don t t mind, wer 11 let you complete your presentation. 11 sensitive upland habitat of Unicorn Lake. But the houses 11 And rm going to apologize, I can't read this next name, 12 he is proposing are small lot absentee homeowner niche 12 it's Mr. or Mrs. Gibbons, if you will give us your name 13 products that require the removal of 11 acres of cross 13 and address. 14 timbers forest. Has he explored other niche products? 14 MS. GIBBONS: MY name is Lan Gibbons. 15 Nearby conservation developments have proven that there is 15 Thaf s the handwriting. And I live at 2821 Hereford Road. 16 a niche of ready and willing home buyers who would pay 16 I oppose Shelton Development's proposal to clear old 17 premiums to live near groves of mature trees. 17 growth forest in U nicom Lake. When I chose Sundo'NIl 18 For every Home and Garden magazine in the 18 Ranch, I was responding to the promise of quote, groves of 19 newsstand, there is another niche. We simply do not 19 mature trees advertised by Shelton Development. However, 20 accept that there is one and only one viable solution and 20 this proposal destroys those trees and our upland habitat. 21 werre refused to be personally penalized for Mr. Shelton's 21 The area suffered a dramatic loss of mature Oak trees when 22 lack of diligence and creativity. It may be legal for him 22 it was thinned in 2005. What remains should not be 23 to mitigate his way out of this debate, but it is 23 destroyed completely. Bare-root seedlings are not an 24 certainly not admirable. 24 acceptable substitute for the mature specimens that exist 25 We are asking the Commission to send local 25 in that area. Secondly, the proposal conflicts with Page 42 Page 44 1 developers a simple message tonight, do your homework and 1 Denton r s open space master plan which states, quote~ .2 keep your promises or go back to the drawing board. Thank 2 easements should be employed to protect Unicorn Lake from 3 you. 3 future impact of development, end of quote. Tracks of 4 COMMISSIONER STRANGE~ Mr. Hall. 4 forested land larger than ten acres are considered 5 MR HALL~ commission members, my name is 5 significant for open space values, and the area that 6 Andrew Hall. I live at 3513 Paint Avenue rigI:it adjacent 6 showed land development seeks to destroy is 11 acres. 7 to the upland habitat at the Unicorn Lake area. I'm a 7 The City of Denton should remain faithful 8 professor at the University of North Texas. We hadntt 8 to its vision and protect this valuable land. 9 heard about what other mitigation plans he had had before 9 Additionally, the proposal destroys a section of the cross 10" this. And I must say that I' In -- 1'm not quite as upset 10 timbers forest which is an ancient and irreplaceable 11 as I was seeing the mitigation plan that there is, but 11 eco-system that is unique to the south central United 12 still I would like -- I think -- I agree with what David 12 States. While native Oak species can live for centuries, 13 just said~ that there should be something that n a plan 13 the cross timbers forest itself has existed for 1,OOOs of 14 that could keep this upland habitat in this area so that 14 years, and is an integral part of our region's history. 15 it's not camp letely denuded of maj or forested areas, 15 It has provided shelter for native AInericans, migratory 16 instead just an area that already is relatively forested. 16 trails for European explorers and sustenance for early 17 If this area could keep some of i~ I would very much like 17 settlers. 18 that. 18 Because of its important historic role, the 19 Now, we -- we prepared a short video of 19 forest deserves recognition and protection. Also, the 20 previous P & Z meetings where some promises were made 20 proposal destroys an environmentally sensitive area and 21 about -- and discussion that I think has been forgotten 21 will reduce habitat diversity, wildlife sustenance and 22 about the plans for this area. And if I may I'd like to 22 water conservation. It may cause soil erosion as well as 23 show this -- just a short one~minute video. Itts on this 23 air, noise, sound and light pollution. The loss of this 24 computer and I just need you to double-click this. And 24 natural area will affect us profoundly. Finally, this 25 this is the transcripts of the videos that rm showing so 25 proposal has questionable economic merits. Condenselt 1M PLANNING AND ZONING MINUTES APRIL 26, 2.006 Page 41 - Page 44 Page 45 Page 47 1 While the developer claims that replacing 1 that opportunity. 2 an old growth forest with homes will bring affluence to 2 (End of video.) 3 Denton, current studies demonstrate that open space 3 MR. HALL: Finally, r d like to say that I 4 preservation actual! y enhances land values. I believe 4 think -- I trust that Mr. Shelton would be able to build 5 that Shelton Development's speculative experiment 5 high-quality homes because I dontt see apartments that -- 6 contrasts with sustainable profitable approaches that are 6 COMMISSIONER STRANGE: If you could come 7 employed in Flower Mound, Southlake and other parts of 7 back to the podiwn so we can hear you. g Denton. If we want our city to remain a great place to 8 MR. HALL: I don't see the apartments that 9 live, we must implement development plans that balance 9 he'd be building on this very expensive land to be low end 10 these interests. Please vote against the rezoning and 10 apartments that are going to bring in a lot of crime. I 11 Alternative Development Plan for Unicorn Lake. Send a 11 believe n I trust that he would be able to build high-end 12 message that promises must be kept. Thank you for your 12 apartments or townhouses that would not have as much of an 13 time. 13 impact and would also allow for the maj ority of this 14 COMMISSIONER STRANGE: Thank you. Mr. 14 wooded area to remain untouched. Thank you very much. 15 Hall. 15 COMMISSIONER STRANGE: Thank you for your 16 (V ideo begins playing.) 16 time. 17 UNIDENTIFIED SPEAKER: upper-end housing 17 Okay. We have others who wish to speak~ 18 that would probably range from 350 to $400,000.00 up to 18 and we will call your name and ask that you come fornrard 19 around $500,000.00 houses. 19 and there are a number of cards here so I would ask for 20 UNIDENTIFIED SPEAKER: Everything in the 20 you please to not try to repeat information that maybe the 21 overlay district could be applied to a reduced residential 21 person who before you has already spoken. I want 22 area -- 22 everybody to have their right to speak, but in the 23 UNIDENTIFIED SPEAKER: we're going to do 23 interest of time, let's move forward. The first to speak 24 our very best to save what trees we can. Mr. Shelton has 24 will be Marla Carrico followed by Vicki McCombs. 25 requested that tonight at least the item be tabled from a 25 MS. CARRICO: MY name is Marla Carrico, and Page 46 Page 48 1 decision standpoint to give him more time to speak to more 1 I reside at 3621 Paint. Just for your reference, my home 2 of the people, to some of them that he t s already spoken to 2 backs up to the forest that wetre talking about. Ijust 3 in more detail, consult with staff some more. Just try to 3 have a few points that r 11 make in the interest of your 4 come up with some compromises. 4 comment that we not be repetitive. We thought that we 5 MS. CARPENTER: Yes, I think 30 days will 5 were going to be offered a compromise. And one of the 6 be fine. 6 reasons that we wanted to pennit the postponement of the 7 UNIDENTIFIED SPEAKER: And that would give 7 vote was because we were anticipating meeting with Brad 8 us 30 days. That gives us rune to meet with staff again 8 Shelton and having a compromise. 9 and homeowners and residents. 9 At our Homeowner's Association meeting, the 10 MS. SHELTON: He still has not met with the 10 builder Kent Key, who does build a beautiful product, he 11 neighborhood group at this time, the neighbors. 11 said that he and Brad Shelton did visit and that it just 12 COMMISSIONER HOLT: well, I thought thaf s 12 wasn ! t economically feasible to do anything else, which to 13 why we were supposed to -- that t s why we had the first 13 my ears Irm hearing his profit margin isntt what he wants 14 request. 14 it to be, yet he did say that he would make a lot more 15 MS. SHELTON: Yes. 15 money off the homes rather than the apartments. So that 16 COMMISSIONER GUZMAN-RAMON: why was there a 16 leads me wondering about the difference in his personal 17 delay in meeting with the Homeownerr s Association? 17 earnings, and if some trees couldn't be left, still do the 18 COMMISSIONER HOLT: Have you thought of 18 homes, and leave some of the forest. 19 anything like townhouses or anything instead of 19 We were under the impres sian that the 20 apartments? 20 reason that it was tabled was to meet with the homeowners, 21 UNIDENTIFIED SPEAKER: The apartments, it t s 21 and yet Mr. Bob Shelton has said that they were trying to 22 not going to be unlike a townhouse, you know -- 22 work out the deal on the mitigation. And that leaves us 23 COMMISSIONER STRANGE: If the developer is 23 feeling a little stung that we were waiting on wbat we 24 working in earnest, as he says, to come up with a better 24 thought was a compromise that didnft happen. And then 25 plan and come up with a solution, I hate not to afford him 25 here today when we have the date certain that they're CondenseIt Thl PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 45 - Page 48 Condenselt TM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 offering a mitigation that could potentially eliminate our 1 entire grove of trees behind us. 2 The other important thing that I want to 3 comment on is this would completely strip our privacy. 4 Right now we back up to trees. If we have the high-end 5 homes, rm sure they would be beautifuL I'm sure those 6 people would not enjoy looking into other people's back 7 yards. They would prefer trees and they had a choice and 8 could -- they could be left. But we would probably have 9 at least two trees behind our -- two houses behind our 10 homes rather than trees all looking into our back yards, 11 and that would severely reduce our privacy. 12 Also, we did pay an extra lot premium to 13 live in that location to back up to the trees~ And 14 apparently, that was for nothing, and that's very 15 disconcerting. Thank you so much. 16 COMMISSIONER STRANGE: Next to speak is 17 Vicki McCombs and she will be followed by Peggy LaPoint. 18 MS. MCCOMBS: Hi. rm Vicki McCombs. I 19 live at 363 3 WesSex Court. 'When I first moved to Denton, 20 it's been a little over 11 years now, even though I grew 21 up and was born in Dallas, when I tell people I was from 22 the Metroplex, I was puzzled by their reaction and I 23 realized after a little while, you weren't anybody in 24 Denton until yourd been here at least 10 years. Well, 25 Page 50 I've passed that ten-year mark. I was -- I've lived in my 1 home in Wimbleton Village, which is just on the other side 2 of State School, all of those 11 plus years now. And rye 3 seen this whole area develop. rve seen the area before 4 there was a Sundown Ranch~ before there was a Windriver, 5 so rve seen a lot of that removed. And I decided a long 6 time ago that removing habitat, removing trees was simply 7 part of the development process. So I decided that I was 8 going to spend a lot of my time in offering trees and 9 education on planting new trees and replacing om canopy, 10 so I volunteer a lot. r ve been part of the tree give 11 away for Keep Denton Beautiful. I even have a couple of 12 nurseries where I grow trees and give them away to people. 13 So that t s been my efforts, and I also serve on the 14 Citizens Tree Preservation Conunittee with your son and 15 were trying to go through the Tree Preservation Ordinance 16 right now and figure out how that is working. I do know 17 that very little is actually required of developers in 18 tenns of replacing or preserving trees . We're -- they're 19 very lax, and I guess that's what my point is on this is 20 rye seen a lot and even though itrs been painful to watch . 21 and I know that thatf s going to happen, but when we do 22 have rules in place, that do require something to be done, 23 it should be followed. 24 I was doing the same calculations here, if 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 51 we have roughly eight million in apartment property versus 40 plus million in home property, the Carter Burgess representative said at the very frrst meeting that we had on this that that couldn't be accomplished, it wasn't viable. Well, even if you built 20 million instead of 40 plus million in homes, that still makes you more than twice the profit, and you can preserve the 11 acres of trees. Anyway, I think that it's more than trees. I think it's habitat. You know, we have to have things for the birds, and 1've had an I8-inch turtle in my garage. rve had a six-foot King Snake at my front door, and while I don't want them living with me, I think they deserve a home nearby, too. COMMISSIONER STRANGE: Thank you for your comments. MS. MCCOMBS: Thank you. COMMISSIONER STRANGE: Peggy LaPoint is the next speaker followed by Jennifer Nicholson. MS. LAPOINT: I'm Peggy LaPoint. 1'm Chair of the local Sierra Club. COMMISSIONER STRANGE: would you give us your address, please? MS. LAPOINT: I I m sorry. 1900 Highland Park Circle in Denton. 1'm very conflicted to see Page 52 this mitigation proposal primarily because I would really like the people in Sundown Ranch Estates to be able to maintain the forest that they paid a premilUll for over their back fences. As an environmentalist, I would say that the off-site mitigation is probably the preferable route to go. These people have -- they feel betrayed and I think it would be really important in the future when we do plans for the City and when we deal with developers, who have the history of the Sheltons to watch them very carefully, and to make sure that they don't continue to use the system the way they have a history of using the system. COMMISSIONER STRA.NGE: If we can let's refine our remarks to these trees and not disparaging remarks to people, please. MS. LAPOINT: Thank you. I would hope that if this deal goes through with the City that there be careful watch put to make sure that the trees that are promised are planted and maintained because as Vicki has indicated in her address, that is very often a problem with developers planting trees and then the trees don't survive because they haven f t been properly maintained. Thank you. COMMISSIONER STRANGE: Thank you. Jennifer Page 49 - Page 52 j, Condenselt TM: Page 53 Page 55 1 Nicholson followed by Christine Sanders. 1 not be removed because if a residential area is developed, 2 MS. NICHOLSON: Hello. My name is Jennifer 2 50 percent of the ESA must remain and this is from you. 3 Nicholson. I live at 2200 Palmnino Court, Denton in 3 And so I wanted to just give you a copy of it. So if the 4 Sundown Ranch. And to begin with, I would just like to 4 trees come doWn, and I don r t want apartments behind my 5 make it clear, that I am not for apartments behind my 5 house, but if I can't have a buffer, there goes my reason 6 neighborhood. I am for economic development and upscale 6 for living here. 7 homes backing up to my neighborhood. 7 COMMISSIONER STRA.NGE: Thank you for your 8 I have felt all along that the decision the 8 conunents. Mona White followed by J ash White. 9 residents have been asked to make between having trees and 9 MS. WHITE: Hi. My name is Mona \Vhite. I 10 apartments or having no trees and upscale homes is an 10 live at 3609 Paint Drive~ which bumps up against the 11 unfair decision. I truly believe that there must be a 11 proposed development.. This is a picture of my back yard 12 happy medium between keeping at least a buffer between 12 . similar to what Clrristine was showing you. I'm a 13 Sundown Ranch and the new development thaf s proposed. . 13 stay-at-home mom and this is -- kind of is OUI world. My 14 Thank you. 14 whole back yard -- whole back of my house is windows and 15 COMMISSIONER STRANGE: Thank you for your 15 we look back into the trees, into the forest. My two 16 comments. Christine Sanders followed by Mona White. 16 little boys play in the back yard all of the time. Werre 17 MS. SANDERS: GOOd evening, Christine 17 out there all of the tune. This is our sanctuary. 18 Sanders, 3617 Paint Drive. And I am going to start out by 18 We don t t -- we do want Mr. Shelton to be 19 during a quick story, when we moved to Denton, we were 19 successful. We don't begrudge him any of that. But we do 20 looking for that one house that had something special that 20 need a buffer. We need privacy r We need our sanctuary to 21 nothing else had. When we opened the front door of the 21 be in tact. This is where we spend our wor1d~ This is 22 home that we currently live in, we saw, and rm. sorry this 22 what we do. Surely a compromise could be developed where 23 is not a better picture, but you can see the solid trees 23 we could both be mutually happy. It may mean that Mr. 24 that fill the area behind our fence. And we sai<L that's 24 Shelton may not make as much money as he would hope to 25 it. Thatrs what we were looking for. 25 make but could stilllnake a good profit, like was Page 54 Page 56 1 That is the reason that we moved to Denton 1 mentioned earlier, people would pay a premium for trees in 2 was because of those trees that are behind our hOlne. Yau 2 their back yard. They don't want to look back over their 3 can see in this top picture that currently there is a gas 3 fence at my play fort. If you f re buying a half a million 4 well right behind my house that you can see over my house 4 dollar home, you don't want to see a play fort and a 5 as you come up the hill. And in this picture you can see 5 turtle sandbox. That's not what your re buying your home 6 down the street that there is also the State School 6 for. 7 Propety Water Tower. But this is the view standing in my 7 So surely we can come up with a cOlnpromise 8 back -- or froln Iny back yard looking in that direction and 8 and both be happy. This protects us from 1':'35. This is 9 you see absolutely nothing because those trees make a huge 9 om only buffer from the noise and light and air pollution 10 difference. 10 froln the highway and from the oil w- the gas well that's 11 In our view, I don't see the well that is 11 back there as well. So 1'd appreciate it if you could 12 clearly right behind my house and I don't see the well 12 help us to protect not only the habitat that's there in 13 that is clearly right behind my house and I don't see the 13 these trees, but also our habitat, our home and our 14 gas. 14 sanctuary. Thank you. 15 I have one other thing. This is the 15 COMMISSIONER STRANGE: Next to speak is 16 original plan for Unicorn Lake which in my opinion is 16 J ash White followed by Henry Woodward. 17 beautiful. rm sorry, itrs upside-down. It allowed for 17 MR. HA.LL: okay. My name is J ash White, 18 trees. It allowed for beautiful development and I believe 18 and I live at 3609 Paint Drive and you just heard my 19 if I can quickly read something to you in a statement made 19 beautiful wife. This little boy right here in the 20 by the Sheltons, plans currently call for about 90 to 140 20 evenings -- the little red-head, he and I sit on our back 21 houses and a bout 230 apartment units, Shelton said, about 21 deck and we shine the flashlight into the trees looking 22 34 acres. And I would like to leave you with the e-mail 22 for the big mean owl back there~ which there f s not really 23 that we received from Planning and Zoning two years ago 23 one, but he and I have a good time doing that. We just 24 when we were here for the zoning change request, the 24 have fun sitting there looking at all of the wildlife. If 25 e-mail states clearly that the trees behind my house will 25 you come down our street, at the end of our stree~ you PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 53 - Page 56 CondenseIt TM Page 57 Page 59 1 will notice a big, big nice pretty looking house. That's 1 the only compromise and those I mean -- and tonight we get 2 Mr. Shelton's house. But somehow he has been able to save 2 to hear, well, the 20 foot build line. 3 the trees around his house. And he told us about that 3 And so this is kind of -- you just -- we're 4 other night. 4 tired of this because every time we come to the meeting we 5 Well, also, when we went to the 5 get delayed and delayed or if something new pops up and 6 neighborhood meeting, I was expecting a compromise, and I 6 itrs just very frustrating. So we just would like him to 7 know that r m repeating, something you said not to. do, but 7 come talk to people within the 200 to 500 foot range. S we got nothing. We just -- basically he just told us what 8 Yeah, I understand the homeowners, the whole Homeowners 9 he's going to do. I have no compromise except for 9 Association would like to be there, but I wish he'd come 10 planting one tree behind each person's house. But who r s 10 and talk to us and talk to us and allow -- and listen to 11 to guarantee that tree will stay there? It might -- you 11 us and work with us instead of just telling him -- telling 12 know, if it's to be behind a person's, another person's 12 us the plan that he has made, that he is not changed from 13 property, what happens to that tree, you know, it dies, do 13 one bit except when Christine showed that first 14 I have to bug that person? Do I have to say, you know, 14 development which I hadn't seen. Thank you very much for 15 repair your tree or replace your tree, whatever. So I 15 your time and I really appreciate being able to talk to 16 just propose a compromise. 16 you. 17 I talked to several different appraisers. 17 COMMISSIONER STRA.NGE: Thank you. Next to 18 Because everybody keeps saying, well, your property value 18 speak is Henry Woodward followed by Ronald James. 19 . will go up. WelL I talked to, like, three different 19 MR. WOODWARD: My name is Henry Woodward. 20 appraisers~ None of them said that. They said you 20 I live at 3601 Paint Drive in Denton, Texas and I oppose 21 cou1dn tt -- you could not tell if your property value goes 21 this whole situation mainly because I was assured that 22 up with this because you don t t compare one neighborhood to 22 there would be trees in my back yard. 23 the next neighborhood. Yau compare houses with like 23 My \\'ife and I lTIOVed here to Texas in Denton 24 houses. And:Mr. Woolfolk said about 60 kids would be 24 about a year and a half ago. We relocated here after 25 coming to the schools, he was talking about school impact. 25 Hurricane Charlie took om home in Florida. We hunted the Page 58 Page 60 1 Well, as a realtor you really can't know if somebodyts 1 area. We went to other towns all over the place, and when 2 looking for a house, they mayor may not have kids, so I 2 we found this place, with all of these nice trees out in 3 dontt know how he knows only 60 people -- 60 kids would 3 the back yard, and werre assured that they were going to 4 impact the schools. I don't know that. You can't know 4 be here. Now, a year later, you know, all of a sudden we 5 that as a realtor. I mean, as a realtor you just take 5 don't have these trees anymore. It's not right. We paid 6 basically your client base and some lady -- I mean, not 6 a pre1nium price for this lot because of the trees. 7 lady, but some family may have four or five~ six -- you 7 Now, I -- a major question I have is the 8 know, these are going to. be nice homes, they may have a 8 .City of Denton is going to be compensated through these 9 lot of kids. They may be very wealthy and they may want 9 trees with some ten acres of uplands -- land to replace 10 to bring more than just, you know, the 60 kids into that 10 these trees that are there. Who is going to replace my 11 neighborhood. But the appraisers did say that to retain 11 premium for my lot that I paid a premium? Tbatr s all. 12 property value, they said we should have a buffer, some 12 And you know, I just would like to know why if it's zoned 13 kind of a buffer that -- I think Christine pointed out the 13 for a particular reason, why it has to be changed. 14 buffer -- the possibility of the buffer between -- in that 14 There! s no reason why he can' t build upscale apartments 15 first drawing that she showed. 15 and not low-grade apartments which is what he's implying. 16 But there f S some kind of buffer, some kind 16 So thatls all I have to say is I wish you 17 of compromise with this~ because that neighborhood meeting 17 would deny the request. Thank you very much. 18 we had the other nigh~ I wish y' all had warned me not to 18 COMMISSIONER STRANGE: May I ask you one 19 go because that turned into a big fight. There were 19 question, sir? 20 quotes like, well, you can tell the difference between 20 MR. WOODWARD: Yes, sir. 21 apartment kids and family -- or I think home family kids. 21 COMMISSIONER STRANGE: YOU alluded twice in 22 And it was just a fight. And all I heard was compromise. 22 your comments to that you were told by someone those trees 23 I heard an eight foot ~- all I heard that night was an 23 would not be removed. Who was that? 24 eight-foot tree -- I mean, an eight-foot fence and a six 24 MR. WQODW ARD: well, the zoning says that 25 to eight inch caliber tree right behind our fence. That's 25 it's supposed to be 135-foot buffer zone between us and PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 57 - Page 60 Condenselt 1M Page 61 Page 63 1 the apartment. So if the zoning and the real estate agent 1 happen, folks. 2 who spoke here tonight assured me that therets going to be 2 Now, my experience with developers is that 3 some kind of a buffer, maybe not 135 feet, but some 3 they only understand money. Theyfre here today and gone 4 buffer. And we don't have any. 4 tomorrow. And they could care less about an agreement if 5 What he wants to do is rip them all down, 5 they figure they can squeeze out of it some way. I urge 6 and replace them with ten acres somewhere else. I don't 6 you to leave the zorling in place, leave your development 7 understand how that helps us out Thank you. 7 plan as it is. 8 COMMISSIONER STRANGE: Thank you for your 8 We bought vtith the economic decision that 9 comments. Next to speak is Ron James followed by Curtis 9 there would be apartments back therer that there would be 10 Berry . 10 a buffer. Everybody-- II IvlR. JAMES: Thank you for giving me the 11 COMMISSIONER STRANGE: could you conclude 12 opportunity to speak. My name is Ronald James. I live at 12 your comments? 13 3605 Paint Drive here in Denton. And I am one of those 13 MR. JAMES: -- on the eastern side -- I 14 people who look out at trees in their back yard as welL 14 understand that -- IS We bought four years ago. We were the first house closed 15 COMMISSIONER STRANGE: YOU t re time is up. 16 by Bowen on -- after they started building. We were 16 MR. JAMES: Everybody on the eastern side 17 assured that that stand of trees was Environmentally 17 of the development bought with that understanding. Leave 18 Sensitive Area. Now, I didntt know the word cross timbers 18 it alone, letrs go with that. And I appreciate you giving 19 forest. I had no idea. That never came up, but I 19 me the extra time. Thank you. 20 understood environmentally sensitive area. I came out of 20 COMMISSIONER STRANGE: Thank you for your 21 the pipeline background. I laid pipelines for 35 years. 21 conunents. Next to speak is Curtis Berry followed by 22 And one thing I knew is that if it was an Environmentally 22 J enifer Larson-Hall. 23 Sensitive Area you weren't going through there. Well, 23 MR. BERRY: autis Berry, 3625 Paint. And 24 that don't seem to run that way here in Denton right now. 24 our property is right on the forest line. And this darker 25 We did know that there was plans to build 25 fence is our property right there. And the important Page 62 Page 64 1 apartments back there and we understood that there would 1 thing to me that there has to be a buffer there and we all 2 be the buffer there, and so we thought we had found a rare 2 paid premium for those lots, and the same principle could 3 piece of property in Denton because we were looking for 3 apply to the people that are buying behind us, that they 4 trees, strangely enough we wanted a wooded lot like most 4 will pay a premium to have a buffer there, and that's -- 5 everyone else does in this world. We also wanted to be 5 there is no compromise -- have been no compromise to make 6 close to services and we wanted the toilet to flush 6 this happen, to have a buffer on their side. We have been 7 without a septic tank. This was a great lot. 7 to all of the meetings. And we have not heard any 8 Well, the fIrst change came along and 8 compromise. It's one way only to do these houses, that is 9 decreasing the number of apartments and everything, the 9 to bulldoze everything down. 10 buffer still remained and we were okay with that. I think 10 And to do that~ major dirt work is going to 11 the development actually showed that, you know, we were 11 be done in my opinion that will have to be bulldozed and 12 willing to go along to some extent. Well, now, the 12 some places I have seen other projects that the land will 13 developer has decided that that's not good enough. That's 13 be bulldozed at least maybe 12 feet and repacked. I don't 14 not enough money to be made. Quite frankly, let's call a 14 know if that will happen there but r ve seen that in 15 spade a spade. 15 Sundown Ranch. 16 His idea now is to mow down every living 16 I mean, major dirt is lifted up and 17 thing, every living thing on that lot, on that parcel, 17 repacked. So there has to be some question if this is 18 replace it with some match sticks in the ground that may 18 going to work or not. I lnean, it r s been going on several 19 or may not grow depending upon how sophisticated staff is 19 meetings here, several chances have been allowed to Mr. 20 in writing their development plan. You know, what happens 20 Shelton to try to make this work and we still haven t t 21 if the lots don t t sell? Maybe the staff ought to also 21 heard a compromise. And we would just like to have a 22 include $500,000.00 minimum sale price in their 22 buffer. We'don't -- werre not opposed to houses. Wejust 23 development plan so that all of this comes to fruition, 23 want to save some of the forest. The proposal is to take 24 all of this big money that you think the City of Denton 24 it all out. We would like to save some of it and I hope 25 and the school district is going to acquire. It may not 25 that you will. Thank you. PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 61 - Page 64 Con den selt TM Page 65 Page 67 1 COMMISSIONER STRANGE: Thank you for your 1 wished to speak. I do have three cards of people who are 2 conunents. 2 in -- excuse me, four cards of people who are in 3 MS. LARSON-HALL: GOod evening. My name is 3 opposition but did not want to speak, Marty Wells, James 4 Jenifer Larson-Hall. I live at 3513 Paint Drive and I 4 Fagan, Karen Rye and Debbie Wells. So those are the cards 5 know it's getting late. I just wanted to talk to some 5 that we had for those who wish to speak. 6 comments from the -- the people who are in agreement with 6 Does the applicant wish to rebut any of the 7 this plan made. First of all, Ifm not frightened by the 7 statements that have been made? 8 number of school children that would be in the area if 8 MR. SHELTON: In regards to SaIne of the 9 apartments were built. 9 comments that were made here tonigh~ r m going to do my 10 To my way of thinking, the school children 10 best to over look some dispersions that were cast on us. 11 will have to live sOlnewhere if theyfre going to live in 11 Wetve been in this area for over 40 years. Anything we've 12 Denton. So Denton ISD is going to have to accommodate 12 ever told the P & Z or the City Council we've lived up to. 13 them in some manner whether they're in that area or 13- We haven't changed our plan. We came down here and asked 14 another area~ I also don't soo why high-end homes cantt 14 for plan changes as we went along in various projects. 15 be built in another area and bring in tax revenues for the 15 And wefll probably continue to do that if we build 16 City of Denton, perhaps, the area that rvIr. Shelton would 16 projects in Denton. 17 like to buy~ I could see high-end homes going in there. 17 But once we have an agreement with this 18 I believe green space and trees are 18 P & Z or once we have an agreement \Vith this Council, 19 necessary for human beings to feel good. Witness the fact 19 that's the way it is. So having said that, I understand 20 that Mr. Shelton has managed to keep a lot of trees around 20 that these people would like to have a buffer in behind 21 the mansion that he's building. My family and I bave 21 their houses up there. I can show you pictures of these 22 lived in Japan for six out of the last ten years. And 22 peoplefs -- putting gates in their back yards and 23 City Planners in Japan build open spaces and parks within 23 accessing our property and putting all of their trash on 24 easy walking distance of all residents. 24 it, you know. Wetn do our best to save as many trees on 25 The: closest park to my house is Eureka 25 this project if we can because it just makes sense to do Page 66 Page 68 1 Park, the closest sort of green space besides this area. I so. 2 Eureka Park is not within even biking distance and I ride 2 Wetre asking to mitigate this with another 3 my bike a lot with my children, much les s walking 3 ten acres in another location. I can understand their 4 distance. 4 concerns of wanting the trees in their back yard. 5 I believe the City of Denton is trying to 5 Everybody wants a tree in their backyard. We don't mind 6 make Denton a more tree-friendly place with a tree 6 leaving them there. We dontt mind going ahead with the 7 ordinance and I believe itts in the best interest of all 7 apartment project. We think this is best for the 8 of the citizens of Denton to have green areas and to have 8 neighborhood. We think this is best to help us enhance 9 open spaces. I had a Japanese acquaintance living in the 9 high-end retail into our project. Werre dedicating over 10 City of Dallas talk to me about moving to Denton. She 10 30 acres for a lake and a park. We're spending a 11 asked me about two things~ schools and nature. These are 11 tremendous mnount of money for trails around that lake. 12 the things that people care about. These are the things 12 Wefve spent a tremendous amount of money to do a lot of 13 that make a place livable. I'm for the trees. I see a 13 things out there that were not required. 14 lack of imagination in this process for a compromise that 14 We're still spending money out there. The 15 could benefit all. I'm not convinced that someone would 15 lady talks a bout not having a park close by. She f d have 16 want to spend a lot of money on a home that would have 16 one within a block, about 30 acres. So at any rate, I, 17 little natural beauty around it that would be subject to 17 you know, r m here to answer any questions if y' all have 18 noise and air pollution from I~35 and that overlooks a gas 18 got anything else. 19 well. 19 COMMISSIONER STRANGE: Mr. Roy. 20 However~ if Mr. Shelton gets the go-ahead 20 COMMISSIONER ROY: Your mitigation plan 21 from you to destroy the forest it doesn't matter whether 21 that was presented to us tonight increases the rear lot 22 he keeps his promises or not about what kind of housing he 22 setback of properties adjacent to Sundown Ranch from ten 23 will build because the forest will be gone. Thank you. 23 feet to 20 feet? 24 COMMISSIONER STRANGE: Thank you for your 24 rvlR. SHEL TON: Yes~ sir. 25 comments. That is the group of people that we had that 25 COMMISSIONER ROY: can anyone on your staff PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 65 - Page 68 CondenseIt 1M Page 69 Page 7] 1 indicate a reasonable degree of trees that would save? 1 anything constructed -- say that the canopy is 30 feet 2 MR. SHELTON: One of the conditions or one 2 from the tree, even with a 20-foot setback, that canopy 3 of the problems that we run into with this site, that it 3 may overhang the footprint of the house. And the 4 does slope from the Sundown Ranch down to the lake. 4 footprint of that house underneath that natural tree 5 There's about 60 foot of fall in that. Some of that area 5 canopy can have an impact, a detrimental impact. 6 is flat adjacent to the back yards of these people. Not a 6 So given the sensitivity of the trees, the 1 whole heck of a lot of it and I'd rather have our engineer 7 uncertainty of, at this tirne~ at least, of detailed 8 address that with the planning process and stuff that he 8 design. I think that's what Mr. Shelton is saying, no 9 would have to do. Obviously, if we can save trees along 9 promises can be made, other than the fact that during that 10 that area up there, we're going to do it, but if we have 10 design process, every trick of the trade that can be 11 to grade the lot in order to build on the lot, then it t s 11 pulled out from a design process to save them certainly 12 impossible to save the trees. That's why we!re going back 12 will because it will make those lots more valuable. 13 and planting the trees where we need to, where we can~ to 13 There's a selfish interest there to preserve the trees. 14 try to lnake it environmentally friendly when we get 14 But to prorruse that they'll be saved, I think Mr. Shelton 15 through with it. We don't like to go in and just tear 15 is just being honest. Wet re not counting on that to be a 16 everything down. It doesn It Inake any sense to anybody. 16 credi~ so to speak, for the mitigation, only the 17 But in areas that we're trying to do this type of housing 17 reiteration that we have -- in his best interest to save 18 on this hillside over looking this lake, we t re going to 18 as many as we can. But they are sensitive. Twenty feet 19 take out most of the trees. There's not going to be any 19 is not a lot, better than ten. But, you know, it's -- the 20 way we can prevent it. 20 opportunity will be more known during design. I don f t 21 Now, to mitigate that, we' 11 try to go in 21 know if that answers your question or not, but just other 22 there and plant trees. in the back yard like we said we 22 than wetre not certain either at this time. 23 would. We'll try to save as many in the back yards as we 23 MR. SHELTON: one thing I would like to say 24 possibly can, but we certainly can't say to this P & Z or 24 along that point is that Sundown Ranch the Phase nIt what 25 to Council that we can save those trees along the back 25 we call the Phase III where most of these people live was Page 70 Page 72 1 yard~ But rn have someone from engineering address that 1 totally wooded just like the Unicorn Lake Project, wooded 2 if you I d like. 2 up there on that lrillside. I think you can look around 3 COMMISSIONER ROY: well, I think if s an 3 their neighborhood and see all of the trees that we were 4 important issue, if I understand the commitment~ 20 feet~ 4 able to save. We saved everything we co.uld up there. 5 -- the picture that I saw from several of the residents 5 Wet 11 save everything we can on this site. But the site 6 along Paint Drive indicated to me that those trees are 6 looked the sarrle. Where theyrre living right now looked 7 right up next to their fence line. 7 the same as across the fence when we started up there. 8 MR. SHELTON: Yes, sir, I' m sure they are. S And this has been several years ago that we did that. But 9 COMMISSIONER ROY: And if it goes 20 feet 9 it wasn't that we went in there and clearcut trees just 10 back, are you saying that those trees would not be 10 for the fun of doing it. We saved everything we could and 11 disturbed? 11 we intend to do that here. 12 MR. SHELTON: NO, I'd rather let somebody 12 COMMISSIONER STRANGE: Dr. Noble. 13 knowledgeable from an. engineering standpoint address that, 13 COMMISSIONER NOBLE~ Thank you, Mr. 14 please. 14 Chairman. Just a couple of questions and comments and 15 COMMISSIONER ROY: If there's someone else 15 just to piggyback on Commissioner Roy. If you can't or 16 that you t d like to address that, thaf s fine. 16 you're not planning on saving the trees in that -- those 17 ENGINEERING STAFF: Yeah, the issue with 17 properties that line your property, then what's the use of 18 the proximity even at 20 feet, even if a tree's right on 18 that 20 foot setback? 19 the edge, right on the fence has a lot to do with the 19 MR, SHELTON: we t re just trying to move the 20 species. The post Oak is well known for its sensitivity 20 house further away from the fence rather than having the 21 to any number of things including if you do not change the 21 house and the garage and everything that much closer. 22 grade, but Inerely it sees additional water than it 22 We're trying to move the house further to the curb and 23 naturally sees from inigation can even have an impact on 23 give more back yard and more leeway between the back yard. 24 them, a negative impact. If that tree has a canopy of 24 COMMISSIONER NOBLE: SO I guess I'm more of 25 larger than 20 feet which certainly many of those have, 25 a visual person. And I'ill trying to visualize what would PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 69 - Page 72 CondenseIt TM: Page 73 Page 75 1 that look -- what would that actually look like if you're 1 with it, we have to go forth with it. 2 able to increase that setback because if there is -- if 2 COMMISSIONER NOBLE: well, I mean, I 3 their house -- if their fence, the backyard or their fence 3 understand this. I'm actually inclined if you -- I mean, 4 abuts where the development starts~ where your proposed 4 if you own the land, you should be allowed to develop it. 5 development starts, is there a separation between those, 5 I mean, thatrs your land. But it's kind of confusing. It 6 that property line thatr s going to be 20 feet? Thatf s -- 6 seems like the issues are being confused tonight, at least 7 r m not really quite sure what you mean by that. 7 to me, that is this an issue about single development 8 MR. SHELTON: NO, sir. Let me clarify that 8 homes versus apartments or is this an issue about building 9 for you~ please. Our development will take place up to 9 in the ESA or not actually building in the ESA or say 10 the fence line. We will have lot grading in that backyard 10 either destroying or changing an ESA? 11 where we feel like we have to grade in order to build a 11 The second question I had and I think staff 12 house on that lot. Other areas will allow us not to have 12 or someone had talked ~- mentioned this, if the -- if the 13 to disturb the backyard. Werll be able to leave it in 13 apartments are built in that ESA~ how much land are ~- how 14 tact. So our -- I guess~ our development would take place 14 much of the ESA will be destroyed versus if the single 15 20 foot away from that fence in those particular areas 15 family homes were built, how much of the ESA would be 16 where we didn't have to disturb that backyard, but in some 16 destroyed? 17 of those lots along that fence line, we're going to have 17 MR. SHELTON: If we go ahead with the 18 to grade that lot almost to the fence line. 18 apartments on the site~ wefre allowed by right to use 50 19 So it f s going to be, you know, I don f t 19 percent of the ESA area. I think we have about 22, 23 20 really know until we have an actual plan, a. drainage plan, 20 acres in there. I'm not sure exactly. I think therers an 21 a lot grading plan to know exactly what werre going to 21 acre set aside for reserves. So I think it's about ten 22 have to take out and what we f re not. We were trying to 22 acres of land we'd be able to build on. The balance of 23 get further away from there to help try to save some of 23 the ten acres would be left in the natural habitat or the 24 the trees if we possibly could. 24 ESA area would not be disturbed for about ten acres, and 25 COMMISSIONER NOBLE: The other question I 25 we'd actually put the apartments on about ten acres. If Page 74 Page 76 1 have is, are you really considering building apartments as 1 we used a single family housing; we have no choice but to 2 an alternative to single family homes in that area? 2 take out most of the trees. 3 lvIR SHELTON: I have a contract at the 3 COMMISSIONER NOBLE: Does it really -~ does 4 title company right now for apartments if this doesn f t 4 it matter to you -- does it really make a difference to 5 work~ And I can verify that. 5 you which of those projects that you -- that is developed 6 COMMISSIONER NOBLE: And is that decision 6 either the single family homes versus the apartments or 7 -- was that an initial decision of that area and the 7 multi -family? 8 single family homes was kind of a new finding or -- or 8 MR, SHELTON: well, certainly we'd rather 9 kind of a secondary plan for you? 9 have the houses. That's why werre here. Y au know~ we 10 tvIR SHELTON: was the homes a secondary 10 certainly feellike thaf s better for the overall project. 11 plan for us versus the primary plan of the apartments? 11 And that's why we COlne down and ask for it. You know, 12 y es~ sir, when we first come in and asked for the overall 12 given the choice, if we don't have a choice, then we go on 13 plan and the modification of the plan from where it was 13 with what we, you know; originally planned. 14 initially zoned, our initial plan was to put apartments on 14 COMMISSIONER NOBLE~ Alld, lastly, since the 15 that site. Most of our planning shows apartments on that 15 apartments was the original plan, was the -- was the 16 site. We had hoped that going back and doing a single 16 thinking of changing that to single family units because 17 family high-end gated community would be better accepted 17 of the conflict by the homeowners in Sundown Ranch? 18 to the neighborhood. We also felt like it would enhance 18 Is that why youtve decided to change your mind from 19 our retail developlnent by bringing in upper end retailers 19 initially building these apartment complexes and moving 20 versus the apartment project. 20 into the single family units, is that -- is it because of 21 And~ you know, there were just several 21 the opposition from the home owners at Sundown Ranch? 22 factors that we felt like probably the higher end homes 22 MR. SHELTON: NO; sir. We didn't have any 23 would enhance our overall project versus the apartments. 23 opposition on the apartment project, because by right 24 We donrt bave any choice -- you know, we've got to do 24 we're allowed to do that so that wouldnrt have affected 25 something with the land. And if we f re not able to do this 25 our decision to do the single family homes, the opposition PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 73 - Page 76 CondenseIt Th1 Page 77 Page 79 1 would have not. I that kind of a setting. And so we felt like, yes, this 2 COMMISSIONER NOBLE: Thank you. 2 was the way we!d rather go than the apartments. And 3 COMMISSIONER STRANGE: MrS. Holt. 3 that's how the decision was arrived at. 4 COlylMISSIONER HOLT: Yes. Mr. Shelton, when 4 COMMISSIONER HOLT: Okay. Thank you. 5 this development started, gosh, whatf s it been, three or 5 COMMISSIONER STRANGE: Mr. Watkins. 6 four years ago? 6 COMMISSIONER WATKINS: Thank you, Mr. 7 lvIR. SHELTON: seven. 7 Chainnan. Mr. Shelton, help Ine understand just a little 8 COMMISSIONER HOLT: seven. Well, it came 8 bit from these pictures I tve seen -- 9 to P & Z a few years ago. 9 MR. SHELTON: okay. 10 MR. SHELTON: Yes, ma ram. 10 COMMISSIONER WATKINS: I've received more 11 COMMISSIONER HOLT: I was excited because 11 mail, correspondence on this than anything in some years, 12 this was an upscale mixed use development that we needed 12 all well done, by the way. And I hear these people speak 13 desperately and in that area where the upscale homes 13 and they talk about the trees in their back yard. Is the 14 already are. And when you brought forth the apartments, 14 fence, the back fence, the furthest fence from the house, 15 there was no opposition. 15 is that within a foot or two of the property line? 16 MR. SHELTON: NO, ma tam. 16 MR. SHELTON: It should be pretty close to 17 COMMISSIONER HOLT: And when the buffer was 17 the property line. 18 explained, it was -- it went beautifully. And the way I 18 COMMISSIONER WATKINS: Okay. So those 19 remember it, now maybe rm wrong, they were going to be 19 trees, of course, existed as did trees probably where the 20 upscale luxury apartments, nice apartments, not -- I mean, 20 houses are. 21 what we've been hearing tonight are "apartments.n 21 MR. SHELTON: Yes, sir. 22 MR. SHELTON: You know, we're not -- you 22 COMMISSIONER WATKINS: But still by the 23 know, werre not here to threaten or anything like that. 23 same token, those trees existed before and are I think of 24 You know, certainly the apartments themselves due to the 24 thing of beauty. I had to plant mine and I have a rear 25 price of the land, due. to the terrain factors, due to a 25 utility easement, so I don T t have a row of trees. But Page 78 Page 80 I lot of things that would be involved in putting apartments 1 those trees, when we say "in our backyard,U they mean they 2 on that site, I I m sure they r re going to have to be 2 shade their backyard? 3 upper-end apartments. You know, we don't build a lot of 3 MR. SHELTON: Yes, sir. 4 apartments, haven't built them in years. But to build on 4 COMMISSIONER WATKINS: They were your trees 5 that site is very expensive. 5 or on property that you possess? 6 COMMISSIONER HOLT: So they will be very 6 MR. SHELTON: The trees that I suppose 7 nice apartments? 7 wetre looking at in the pictures that theytre showing is 8 MR. SHELTON; I think they'd be an 8 on our property. I don't think there's a lot of backyard 9 upper-end apartment, yes, ma' am. 9 trees in there. 10 COMMISSIONER HOLT: okay. When did you 10 COMMISSIONER WATKINS: The 100 or whatever 11 decide to change to single family homes? 11 amount that the 20 foot, 10 foot -- 20 foot. 12 MR. SHELTON: I guess we got a lot OF 12 MR. SHELTON: You know, in that ten-foot 13 negative feedback from some of the retailers, national 13 area that they're -- or 20-foot area that they're showing 14 retailers about the median income in the immediate area. 14 up there -- 15 Yau take and stick a fork in the center of Unicorn Lake 15 COMMISSIONER WATKINS: Yeah. 16 and you draw a circle around that, the median income in 16 MR. SHELTON: You know, I'd say probably 90 17 that area is about $60,000.00, 55 to $60,000.00. We felt 17 percent of those trees are on our property. 18 like if we could raise the median income level in that 18 COMMISSIONER ROY: okay. Thank you, sir. 19 area by building some higher end homes, it would attract 19 COMMISSIONER STRANGE~ I only have one 20 more upper end retail for us. And that was the decision 20 question, I r d ask, and r m sure you probably -- how many 21 that was made. 21 alternative plans did yf all look at for your lot layout to 22 We visited with Kent. He felt like there 22 -- that would have enabled you to create buffer? 23 was definitely a market for it. We visited with some 23 MR. SHELTON: Gosh, I don r t know. This is 24 other people in town. They felt like there was a market 24 probably lOth, 15th plan. I don't know. We just keep 25 for this higher end home in that kind of a location and 25 drawing lines and moving it around due to the terrain out PLANNING AND ZONING MINUTES APR.IL 26, 2006 Page 77 - Page 80 Condenselt 1M Page 81 Page 83 1 there. We started out with one lot layout, started out 1 could even put some things into the motion to indicate the 2 with another. I haven't personally been involved in this 2 exact character of the recommendation if they saw fit. 3 project in a little while. My son r S been handling it. 3 The only real effect that this vote before 4 And then he can probably tell you how many more plans we 4 the Commission tonight has is the nature of the majority 5 had or how many plans -- 5 vote which is necessary for approval by City Council. If 6 COMMISSIONER STRANGE~ rm just curious, 6 the Planning & Zoning Commission does anything other than 7 primarily, if you had done any plans at all that involved 7 a straight flat denial of the requested Alternative 8 a buffer along the backs of these properties? 8 Development Plan~ the matter would go forward to the City 9 MR SHELTON: AS far as trying to leave 9 Council for a vote on a simple majority vote. 10 that buffer in the backyard? 10 In the event of a flat straight denialj the 11 COMMISSIONER STRANGE~ well, to leave 11 matter would still go forward to the City Council where it 12 some -- 12 would be necessary for them to vote by a three-quarters 13 MR SHELTON: we looked at -- we did look 13 majority in order to gain approval. So I just wanted to 14 at some plans up there, whatfs happening to us, the way 14 say that sort of in trying to address Mr. Royts question 15 the: terrain is~ and the way the distance between the top 15 about possibly putting some w_ any kind of qualifications 16 of the bill and the constraint that we have with the sewer 16 or what have you into the motion. I know that the 17 easement running along the lake, there's a certain 17 requested Alternative Development Plan that was put into 18 distance through there. There's a certain distance this 18 the Agenda packets has been modified today by a letter 19 way. And in order to lay the streets out with the contour 19 from Shelton Development. 20 of the land up there, this is the way it laid out, and we 20 And in addition, I guess in an effort to 21 had to back lots up against there. So we tried to lay 21 try to give a little bit.more certainty to some of the 22 lots out the other direction and we now -. where these 22 issues that are as yet unresolved with the transfer of the 23 would be side yards back up there~ with some type of 23 Environmentally Sensitive Area. As I understand it, it r s 24 cul-de-sac look, going up the hill, that caused a whole 24 being amended even further by saying that a conversation 25 lot more retaining walls to be put on the property. And 25 easement will be acquired on the property to preserve the Page 82 Page 84 1 we still werenrt saving any trees. So they went with the 1 mitigation area until such time as it can be transferred 2 contours -- I dontt know how many plans werve had or~ you 2 to the City for the use of the public; is that correct. 3 know, they've certainly -- you never start with the first 3 COMMISSIONER STRA.NGE: Yes. 4 plan. 4 LEGAL: okay. So if it's the desire of the 5 COMMISSIONER STRA.NGE: rm aware of that. 5 Conunission to recommend approval of this requested 6 I was just -- I was curious as to if wetd really looked at 6 Alternative Development Plan as amended by the statements 7 the -- 7 today and all, I have drafted one out just to try to 8 MR. SHELTON: obviously, we looked at ~- 8 relieve some of the confusion that might take place there. 9 looked at trying to do everything we could up there to 9 Certainly, if the members of the Commission wanted to vote 10 mitigate that as much as we possibly can. And we're still 10 to deny, you could do that. Or if you wanted to make some 11 looking at it. You know ~ r m not sitting here saying 11 different kind of motion entirely you could do that as 12 wer re going to clear all of them out, but I can t t sit here 12 well. But I wanted to offer that, if I could be of 13 and tell you werre going to save all of those trees up 13 assistance to the Commissioners in framing your motion, 14 there. It just doesn't make sense to say so. I just 14 r 11 be happy to do so. 15 donrt know what we can do with them. 15 COMMISSIONER STRANGE: Any other questions 16 COMMISSIONER STRANGE: okay. Legal. 16 of the applicant? 17 LEGAL: Let me just offer a few comments 17 MR. SHELTON: YOU dontt have any other 18 about the nature of our Development Code and wbat wetre 18 questions of me? 19 here confronting tonight. This matter before the Planning 19 COMMISSIONER STRANGE: Thank you very much. 20 and Zoning Commission is for a recommendation on an 20 With that we'll close the public hearing. Do we have a 21 Alternative Development Plan. The matter will ultimately 21 motion or any conunents from the Commission? 22 go to the City Council for a final decision on the matter. 22 COMMISSIONER ROY: I guess we can't punt? 23 The -- certainly, the Commission can vote to approve, can 23 COMMISSIONER STRANGE: NOt in this game. 24 vote to deny, possibly could even -- I know that Mr. 24 Mr. Roy. 25 Watkins was asking about a qualified approval that -- they 25 COMMISSIONER ROY: A very difficult PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 81 - Page 84 CondenseIt 1M Page 85 Page 87 1 situation again. Here we have an applicant who is 1 trees . And I think, we as a Conunission, need to take a 2 proposing to dedicate 10 acres of treed upland habitat to 2 stance and say~ bring to us what you want to do~ think it 3 offset the loss of approximately ten acres of upland 3 through, look at see who t s coming, who could come, what 4 habitat. This would be, I would imagine, the purchase of 4 the demogfaphics are in the area and bring it to us. And 5 10 acres anywhere in that part of Denton would be a 5 I mean, unless it's an emergency situation and something 6 significant expense for the applicant to do. 6 needs to be built in the ESA, I think we should stay away 7 Our ordinance provides this option and it 7 from it under all circumstances. 8 meets the intent and I think the letter of our ordinance. 8 And I think this falls into that category. 9 If we deny and he goes ahead and installs the apartments, 9 And I think -- I think itrs a wonderful development. I 10 bills the apartments, we're going to lose essentially 10 think Unicorn Lake is wonderful. And I think all of us in 11 one-half of the: upland habitat anyway. The houses~ of 11 town have liked it going in out there. And it r s nothing 12 course, remove essentially all of the trees, but there is 12 against the Sheltons. It's just the bringing in something 13 the mitigation of the -- the ten acres lost before. 13 in at the last minute and tearing down something that we 14 The big issue to me and I suspect to 14 in Denton have decided a long time ago to protect. 15 several of us here is the loss of this adequate buffer, 15 COMMISSIONER ROY: Mr. Chairman1 may I ask 16 what can be perceived as an adequate buffer. Many times 16 one point on that before, and staff; please, confirm tha~ 17 this Commission has heard residents come in and talk about 17 in fact, our Code allows development in the ESA now and 18 things in my backyard, but the fact remains that that 18 the only thing the Code requires is that at least 50 19 property that they're looking at is -~ does belong to 19 percent of that, so it does allow development. 20 somebody else. And that owner of the property has his 20 COMMISSIONER HOLT: But 50 percent. 21 right to build whatever the Code allows and this body as 21 COMMISSIONER ROY: But only 50 percent. Is 22 long as it's within the Code option, then we have really 22 that correct, staff? 23 no n no role, but we have a role here because he t s asking 23 MR. LOCKLEY: Yes, that is correct. 24 for something different. 24 COMMrSSIONER ROY: Thank you. 25 So I think and I believe several of us feel 25 COMMISSIONER STRANGE: Ms. Holt, anything Page 86 Page 88 1 that the big issue here is the loss of an adequate buffer 1 else? 2 as called for under the current zoning conditions. And 2 COMMISSIONER STRA.NGE: Dr. Noble. 3 I'm struggling what to do about that. 3 COMMISSIONER NOBLE: Thank you, Mr. 4 COMMISSIONER STRANGE: Mrs. Holt. 4 Chainnan. I was just thinking, if the .. the multi -family 5 COMMISSIONER HOLT: well, I think if this 5 units or the apartments were to be constructed and 50 6 had been brought to us in the beginning and it had been 6 percent of the ESA was preserved, what we don t t know is 7 brought to us exactly as it is now with no buffer, new 7 where that preservation will ocelli. And we don r t know if 8 homes, I would not have voted for it at all because there 8 the buffer that is requested by the homeowners would be 9 is no buffer. There \Viil be no buffer, one tree in 20 9 part of the preservation. I mean~ we don't know that. I 10 feet is not a buffer. And if this had been brought to us 10 mean, that could be closer down by the -- in the lower 11 this way, and it could have been if they had done the 11 elevations close to the lake. So really with the 12 homes from the beginning or thought they would have homes 12 apartments, you t re not guaranteed to have a buffer. I 13 in the beginning, they could have, you know, redesigned 13 personally think we'll probably regret if we n later, if 14 the development. That would have been a different factor 14 we decide to have apartment units built there rather than 15 because we would have had a chance to work with it and 15 having upscale homes, I think it was our Mayor who had 16 change it around. But this -- these homes kind of, to me, 16 proposed to bring upscale homes in this area. And we had 17 came in on the end of what everyone thought was a 17 talked about decreasing the number of apartment complexes 18 done-dea1 development. And people had bought homes there. 18 in this area. 19 People had that -- we had all -- and all through our 19 And I feel that if we do not pass this ADP 20 Development Code, we are protecting the ESA with 20 and then apartments were built~ I think we'll regret it 21 everything we've got. Well, if sOlneone comes in every 21 later. And then wishing that we would have upscale homes 22 time they come up against an ESA and it could be anywhere 22 in place of the apartments, rm going to go out on a limb 23 in town and says, but I want to build there. It t s going 23 and I would vote for this ADP and hope that Mr. Shelton 24 to be nice homes. It's going to be this. If s going to 24 will develop a very nice area. 25 be that. We'll end up with no ESA. we'll end up with no 25 The other thing that we have to realize is PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 85 - Page 88 CondenseIt 1M Page 89 Page 91 1 Denton is a growing city. And things will change and 1 could come in here and remove all of these trees without 2 continue to change dramatically, so I do believe in 2 asking any pernrission and develop single family homes and 3 compromise, but I'm a realist also. And the reality is 3 leave all of this as wooded. But that's -- that's not the 4 that area is going to be developed. And what we have to 4 proposal. It doesn't work so right back to your question 5 decide is what are we willing to have or to look at in 5 if the multi-family is developed, indeed, that would 6 that area. 6 remain trees. 7 COMMISSIONER STRANGE: youtre making that 7 COMMISSIONER HOLT: what are the chances .8 in the form of a motion? 8 you tn change your mind? 9 COMMISSIONER NOBLE: I'll go ahead and make 9 UNIDENTIFIED SPEAKER: I'm sorry. 10 a motion to approve ADP 06-0005. 10 COMMISSIONER HOLT: what are the chances 11 COMMISSIONER STRANGE: We have a motion. 11 youfll change your mind? 12 Do we have a second? Legal. 12 UNIDENTIFIED SPEAKER: If we do we'll -- we 13 LEGAL: I just wanted to clarify. Is the 13 would have to come back to you with a proposal to -- well~ 14 motion to approve the ADP as amended today including the 14 actually, we WQuldnrt. In fact, by right, again, that 15 commitments made tonight? 15 could be developed as single family houses right here and 16 COMMISSIONER NOBLE: That is correct. 16 all of the trees could be removed. But we're saying 17 mMMISSIONER STRANGE: MS. Guzman-Ramon. 17 tbaes -- thatts not something we can justify 18 COMMISSIONER GUZMAN-RAMON: This is not a 18 economically~ The only requirement is that as it stands 19 second. I think I disagree with Commissioner N able. I 19 today that 50 percent of all of these have to remain. You 20 just u I believe that we try to do the best thing that we 20 can squeeze that balloon in a number of ways, all single 21 can while we're up here. And I really think that the best 21 family here, leave this. All multi-family here and leave 22 thing that we can do to the citizens of Denton is to 22 that. 23 provide them with trees~ trees that clean our air, trees 23 But the economic model for ten acres of 24 that help us live the way -- most of the residents of 24 single family units doesntt work. OtheIVlise~ thatrs -- 25 Denton have moved up here to live. . I think -- r ve just 25 that would have been one of our comprolnises. We're so Page 90 Page 92 1 been going around and around. But I really think that the 1 unable to reduce the number of units and save trees that 2 best thing for the citizens of Denton is just to deny this 2 wefre risking defeat of our proposal. 3 request for ADP ~ let the trees stand, whichever way 3 That t s how hard and long wet ve thought of 4 happens, hopefully, the buffer will remain there or some 4 how we can economically justify fewer homes, fewer single 5 sort of buffer will remain there, but we will still at 5 family homes and more trees. So -- but, anyway, that -- 6 least; have those trees preserved for those residents and 6 you are correct that as a multi-family development; this 7 citizens who live in Sundown Ranch. Thank you. 7 would be a treed area. 8 COMMISSIONER STRANGE: MrS. Holt. 8 COMMISSIONER HOLT: Thank you. 9 COMMISSIONER HOLT: I would like to 9 COMMISSIONER STRANGE: Mr. Roy. 10 clarify. Those trees will remain behind those homes even 10 COMMISSIONER ROY: well, I think he just 11 if the apartments are built, wontt they? On everything 11 answered my question. I hope it's clear now for 12 wefve seen, they've been there. But I want to make that 12 Commissioner Noble that the 135 feet commitment is only 13 clear -- I want to be clear on that. 13 there if they build multi-family. So it would -- we know 14 UNIDENTIFIED SPEAKER: That r S correct And 14 where the buffer will be if they build multi-family. 15 in fact, if it werenrt that way, Pm sure your decision 15 That's the way I understand it. 16 could be made easier to support it. But in all honesty; 16 COMMISSIONER STRANGE: okay. We have a 17 as I pointed out earlier, if the property were to develop 17 motion on the floor. Do we have a second? Mr. Watkins. 18 as multi-family, everything here is zoned currently as 18 COMMISSIONER WATKINS: IS the motion on the 19 single family. So the multi -family could not be developed 19 floor) does it include the three addendum from today's 20 there. Theoretically, and this is in our proposal and I 20 memorandum? 21 think we've stated before. One of the reasons we can't 21 COMMISSIONER STRANGE: Yes. 22 build single family on just ten acres like we could build 22 COMMISSIONER WATKINS: It does. I will 23 multi-family, it doesn r t work economically. That model 23 second the motion then. 24 just does not work. 24 COMMISSIONER STRA.NGE: okay. We have a 25 So -- but, theoretical1y~ by right, we 25 motion and we have a second. Do we have any other PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 89 - Page 92 Condenselt 1M Page 93 Page 95 1 discussion? Mr. Roy. 1 and I sure pray it r s the right one. Rick came and talked 2 COMMISSIONER ROY: pm still hung up about 2 to us tonight from the school board. And I know thaf s a 3 the buffer. The Development Plan, the Concept Plan, I 3 separate entity entirely. They have their own officers 4 should say, that was shown to us today shows a line of 4 and so on and so forth, but I can P t remember in the past 5 houses butting up against that property line. And 1'm 5 five years very few times that someone from the school 6 guessing that to increase that buffer, you know, to a 6 board came and asked us to do something. So, apparently, 7 reasonable level would require them to just basically take 7 they know something that I dontt, but to these fine folks 8 out that line of houses. But that would be -- that would 8 that did come, I do apologize and I apologize we brought 9 be the only way I could see to have an adequate buffer 9 them back twice, but that's the reason for my second, Mr. 10 there is to remove that group of homes. 10 Chairman. Thank you. 11 COMMISSIONER STRANGE: well, I share your 11 COMMISSIONER STRANGE: AnY other discussion 12 concern when I saw tWs and that was the reason I asked 12 we have on this? We have a motion and a second. If 13 Mr. Shelton the question how many other models or 13 there's no other discussion, then we will have a vote. 14 profonnas they did of a land plan to see because that's. 14 COMMISSIONER ROY: can we repeat w_ the 15 the same dilenuna that I have wrestled with on this since 15 motion is to approve; is that correct? 16 we first started talking about it two months ago. And of 16 COMMISSIONER STRANGE; Yeah. The motion, 17 course, we've tabled it twice, I think, in hopes that we 17 as I understand it made by :Mr. -- by Dr. Noble, seconded 18 would not have to come to a hard decision, that that 18 by Mr. Watkins is for approval with the conditions of the 19 decision would be reached at SOlne other level. I wished 19 Addendum to the Agenda that we got in our packets tonight 20 it could have been reached in the Homeowner r s Association 20 which includes, to me, the letter of April 26th, outlining 21 meeting with some level of compromise. 21 the three additional it:e1ns which is increasing the rear 22 I do applaud YOW" efforts in going 22 lot setbacks, that they will plant at least one tree 23 off-site, finding a ten~acre tract to substitute for the 23 measuring six to eight inches dbh in every lot that backs 24 ten -acre tract that is on the property adjacent to Sundown 24 up to Sundown Ranch. And they' Ie going to dedicate ten 25 Ranch. Unfortunately, that doesn't help the people that 25 acres of upland habitat. Is that all in your motion, Dr. Page 94 Page 96 1 we've heard tonight and overcome the loss that they're 1 Noble? 2 going to have out of the back of their houses. So I think 2 COMMISSIONER NOBLE: Yes. 3 we all are in the same position. We -- we applaud what 3 COMMISSIONER STRANGE: And your second~ Mr. 4 you're working toward. We've also had a lot of people 4 Watkins? 5 here tonight. We have had letters. We have had people 5 COMMISSIONER WATKINS: Yes. 6 who have called. I had calls at my home this weekend 6 COMMISSIONER STRANGE: SO that's what 7 which certainly was fine. But it does come down to a 7 you're voting. 8 difficult decision of one affecting so many people who 8 LEGAL There was one other that I thought 9 have made lifetime investments in their homes, bave paid 9 that I bad clarified that there was a statement tonight 10 premiums for their lots versus the hope that we could have 10 that was a further commitment to n until such time as the 11 just had some little buffer along there that could have 11 ten acres could be deeded to the City, to burden the 12 made this decision a lot easier. 12 property with a conservation easement to preserve those 13 But I have this same problem. It's a 13 trees until such time that they can be deeded to the City 14 difficult decision to make with so many things affecting 14 for the preservation and public use. 15 so many people. Mr. Watkins. 15 COMMISSIONER STRANGE: okay. So that is 16 COMMISSIONER WATKINS: Thank you, Mr. 16 the motion you're voting for or against. So with that, 17 Chairman. You hit the nail on the head with difficult. 17 please vote. And the vote is a tie. 3 - 3. There might be 18 rye been back and forth. These fine people, they came 18 justice there. I don't know. 19 and spoke with us and as you said, invested in their homes 19 (COMMISSIONERS STRANGE, HOLT. GUZMAN-RAMON 20 for their lifetime. It would be a whole lot easier to go 20 VOTING IN OPPOSITION.) 21 with them because therets more of them, I suppose, that it 21 COMMISSIONER STRA.NGE: Anyw-ay, we'll move 22 would the Sheltons. But still by the same token, they own 22 on to the next item on our Agenda, which is item -- 23 the land and the trees. 23 COMMISSIONER ROY: Mr. Chairman, can we 24 The one that I would like, I guess, explain 24 state for the public what the affect of that tie means? 25 my second. The thing that brought me to this conclusion 25 COMMISSIONER STRANGE: Legal. PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 93 - Page 96 Condenselt 1M Page 97 Page 99 1 LEGAL: yeah. On a tie vote, the motion 1 2 fails. You need to have some kind of a motion that d 2 3 that passes to carry forward. 3 4 COMMISSIONER STRANGE: okay. So it will go 4 5 to City Council? 5 6 LEGAL: NO, what rln saying is that you 6 7 need to have -- somebody needs to -- you need to keep 7 8 making a motion and have some kind of motion pass before 8 9 -- before youfre done here. 9 10 COMMISSIONER ROY: I donrt believe that's 10 11 been our past practice. 11 12 COMMISSIONER STRANGE: I don r t think we've 12 13 ever done that before. 13 14 LEGAL: It hasnrt? Well, let me just read 14 15 from the Code~ the -- pardon me. Public hearing shall be 15 16 head before the City Council as required by State law if a 16 17 proposed amendment has been deni~ such amendment shall 17 18 not become effective except by three-quarters vote of all 18 19 members of the City Council qualified to vote. The matter 19 20 has been brought to a public hearing before the Planning & 20 21 Zoning Commis sian as required by our Code. The matter was 21 22 not denied as it stands right now, therefore, if it goes 22 23 forward to the City Council, it will go to the City 23 24 Council for approval on a majority vote as things 24 25 currently stand. 25 Page 98 Page 1 00 1 COMMISSIONER STRANGE: okay. Does that 1 2 clarify your point, Mr. Roy? 2 3 COMMISSIONER ROY: Yes. 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 PLANNING AND ZONING MINUTES APRIL 26, 200.6 Page 97 - Page 100 The ordinance for this item will be provided to you at the City Council meeting. AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Planning and Development_ Howard Martin, 349-8232. .. DEP ARTMENT: SUBJECT Z06-0010/DCA06-0002: (Unicorn Lake Overlay) Hold a public hearing and consider adoption of an ordinance concerning an Overlay District for approximately 47.4 acres of land in Unicorn Lake currently zoned NR-2 and NRMU-12 and generally located south of Windriver Drive, west of I-35E and east of Sundown Ranch. The Planning & Zoning Commission recommends approval of the Overlay Zoning District (6-0). BACKGROUND Applicant: City of Denton The Planning and Zoning Commission recommended approval of the Unicorn Lake Overlay District at the April 26, 2006 meeting (6-0). This case was tabled from the April 12, 2006 planning and Zoning Commission meeting. The owners of Unicorn Lake propose to rezone the 47.4 acre parcel in the southwest quadrant of Unicorn Lake from NRMU-12 and NR-2 to an Overlay District, consisting ofNRMU-12 uses, zoning standards, design standards, and private street and utility standards. The City is the applicant on the project at the request of the applicant. This section of Unicorn Lake was zoned in 2004 to allow for multi-family units (zoned NRMU- 12) and to allow for a 135-foot buffer (zoned NR-2) between the single-family homes to the west and the multi-family units. Since the owners are now proposing 118 single-family homes and an overlay district that includes the following, they are no longer proposing the 135-foot buffer: . A gated community . Private streets . Minimum 5000 square foot lots and lots sizes less than 1.5 times the size of the building footprint . No maximum lot coverage . 2500 minimum square foot houses . Five foot side yard setbacks . Exemption from requirements concerning connectivity . Exemption from the requirement to park behind or beside buildings . Requirement for a Homeowners Association . Requirement for the private streets to be constructed to city standards . Uses include 112 single family lots, an "amenity center", floodplain and 8,000 square foot of office. . Provide rear lot setbacks of properties adjacent to Sundown Ranch to a minimum of 20 feet. . On lots adjacent to Sundown Ranch, the developer will preserve as many existing trees as possible during the construction process. Every rear lot abutting the Sundown Ranch Subdivision will have at least one healthy tree measuring 6 to 8 inch dbh. In those lots where native trees must be removed from the rear yard, the developer will provide a live oak tree of a minimum caliper size of 6 to 8 inches dbh. Attachment 2 includes Map A, the 2004 approved zoning request, and Map B, the 2006 current zoning request. Public notification information is provided in Attachment 5. As of this writing, staff has received 12 responses in opposition, 2 responses in favor and no responses neutral to the request from property owners within 200 feet of the property. Property owners in opposition of the request represent 6 percent of the area within 200 feet of the subject site. OPTIONS 1. Approve. 2. Approve with conditions. 3. Deny. 4. Table item. PRIOR ACTIONS/REVIEWS August 25, 2004, the Planning and Zoning Commission recommended approval of a rezoning including an overlay permitting only professional office use, 23.8 acres as NRMU-12 for multi- family, and 18.6 acres as NR-2. March 23, 2004 City Council approved an Economic Development Program Grant Agreement for Unicorn Lake. Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), and Neighborhood Residential Mixed Use (NRMU) zoning districts. RECOMMENDATION The Planning & Zoning Commission recommends approval of the Overlay Zoning District (6-0). ATTACHMENTS 1. Memorandum from City Manager 2. Maps 3. Letter of Intent 4. Staff Analysis 5. Public Notification Map 6. Letters of Opposition 7. Site Photographs 8. Minutes ofP&Z meeting, April 26, 2006 9. Ordinance Respectfully submitted: Brian Lockley, AICP Acting Director of Planning & Development ATTACHMENT 1 Memorandum from City Manager 215 E~ McKinney * Denton, Texas 76201 * (940) 349-8232 * Fax (940) 349-7206 Office of Howard Martin, City Manager MEMORANDUM DA TE: January 25, 2006 TO: Kelly Carpenter, Planning and D_ Director Howard Martin, City Manager. . FROM: SUBJECT: Initiation of an Overlay Zoning District Pursuant to Section 35.7.3 of the Denton Development Code, which directs that the Denton Plan Amendment Procedure be used to create an Overlay District and pursuant to Section 35.3.3. C.l.c, whereby the City Manager may recommend the initiation of such actions, I am recommending to you the following: Initiate the creation of an overlay district for property shown in Exhibit A (attached). Barring unforeseen issues, please get this to public hearing at the Planning and Zoning Commission on February 22 and to the Council on March 21. ATTACHMENT 2 Location/Zoning Map ... NORTH ATTACHMENT 3 Letter of Intent Shelton Development, LP February 13,2006 Ms~ Kelly Carpenter Director Planning and Development City of Denton 221 N.. Elm Dento~ TX 76201 Re: Letter of Intent for Unicorn Lake Overlay District Dear Ms. Carpenter, Please let this letter serve to explain the intent of our request to rezone and apply an overlay district for portions of the Unicorn Lake development located in the City of Denton. The subject area is comprised of approximately 47 acres of land, approximately 19 of which are zoned NR-2 with the remaining land zoned NRMU..12. We would like the subject area developed under the NR1v1U-12 zoning district standards, except as modified by the overlay district.. We intend to develop a unique project that will allow for large, upscale homes on approximately 5,000 square foot lots in a private, secure community meeting a market demand for executive housing~ Our proposal will compliment the unique mixed~use environment that we are seeking to create in the Unicorn Lake development.. Because our proposed project is not a typical NRMU-12 project and it does not fit within any of the parameters of the City's existing zoning districts, we are requesting several modifications to the Denton Development Code in order to make this project feasible. For example, we need the ability to build a private, gated street system, which is currently not provided for under the Denton Development Code. In addition, the Denton Development Code does not allow the large lot/small home combination that we are proposing. We intend to create a comprehensive set of deed restrictions for this project that will address all of the City's concerns with a private street system,. while ensuring that we build and maintain a first class residential development. Thank you for your consideration of our request. Please call me with any questions. Sin;:~ Brad Shelton 3300 Sundown Blvd~ Denton, Texas Office:940-536-1151 Faxa~940-536-1150 ATTACHMENT 4 Staff Analysis Summary of ReQuest Applicant's letter of intent states "We intend to develop a unique project that will allow for large, upscale homes in a private, secure community meeting a market demand for executive housing. Our proposal will compliment the unique mixed-use environment that we are seeking to create in the Unicorn Lake Development." The applicant's master plan as set forth in the Economic Development Program Grant Agreement (between the City and Unicorn Lake) is included as Map C in Attachment 2. The applicant's proposal includes the following: . A gated community . Private streets . Minimum 5000 square foot lots and lots sizes less than 1.5 times the size of the building footprint . No maximum lot coverage . 2500 minimum square foot houses . Five foot side yard setbacks . Exemption from requirements concerning connectivity . Exemption from the requirement to park behind or beside buildings . Requirement for a Homeowners Association . Requirement for the private streets to be constructed to city standards . Uses include 112 single family lots, an "amenity center", floodplain and 8000 square foot of office. . Provide rear lot setbacks of properties adjacent to Sundown Ranch to a minimum of 20 feet. . On lots adjacent to Sundown Ranch, the developer will preserve as many existing trees as possible during the construction process. Every rear lot abutting the Sundown Ranch Subdivision will have at least one healthy tree measuring 6 to 8 inch dbh. In those lots where native trees must be removed from the rear yard, the developer will provide a live oak tree of a minimum caliper size of 6 to 8 inches dbh. Land Uses and Zonin!!: The subj ect property is vacant. The surrounding properties are zoned as follows: North: RCC-D (undeveloped) South: NR-2 (the State School owned by the State of Texas) East: RCC-D (undeveloped) West: NR-4 and NR-3 developed The Denton Plan addresses traditional neighborhood mixed-use development which Unicorn Lake, taken as a whole may become. The Plan also says: "Traditional neighborhood mixed-use development encourages a variety of housing types within new development." Types of housing that may be considered in traditional neighborhoods or mixed-use neighborhood include: . Standard lot single family detached dwellings . Small lot single family detached dwellings . Accessory dwelling units . Two- family dwellings . Single family attached dwellings . Mixed use dwellings . Small multifamily dwellings The proposed single family in this rezoning case meets the standard of a small lot single-family detached dwelling. Applicant proposes large units on the small lots and this is memorialized in the deed restrictions. Unicorn Lake is also providing a mix of housing types by providing a 3.569-acre, 116 unit non-subsidized assisted living facility, Denton Retirement Residence, at the corner of Windriver and a Private Street. The Denton Plan also addresses "permeability" as "the number of alternative ways through an environment". The Plan also addresses pedestrian paths into a site connecting rather than dead- ending. It is accurate to state that a gated community is probably not permeable or connected. But taken as a whole, the Unicorn Lake project is providing vehicular and pedestrian connectivity. The proposed single-family development will have pedestrian access to the proposed trails and lake within in Unicorn Lake. Clearly, the 135-foot buffer proposed and approved when the property was zoned for apartments is no longer in the plan. The NRMU-12 requires a setback from single family of 15 feet plus one foot for each foot of building above 20 feet. This proposal does provide less than setback by proposing on ten feet plus one foot for each foot of building above 20 feet. Economic Develooment The City is a partner with Unicorn Lake in the implementation of a sustainable development grant from North Central Texas Council of Governments. The grant is being used for a traffic roundabout and for upgraded landscaping to enhance the pedestrian environment within Unicorn Lake. During 2005 and continuing into 2006, the Denton City Council has taken steps and is considering further steps to change the ratio of single family to multi-family development in the City. When the higher multi-family standards were adopted last year, the ordinance exempted Unicorn Lake from those higher standards. The proposed single-family development will be a step toward improving the ratio of single family to multi-family units in Denton. When the tree preservation ordinance was adopted in 2004, the ordinance exempted Unicorn Lake from the tree preservation ordinance. Plattin2 The applicant has submitted a plat for the proposed single-family development. Average daily traffic generated will be less than proposed in the Traffic Impact Analysis (TIA) since there will be fewer residential units if developed as single family. The potential for increased run-off, erosion and sedimentation will be addressed in the platting process. ATTACHMENT 5 Public Notification Map ]1r\YI~~ \ ~,It=f /\Jd)~ 1 =~ ~'a'~-i ~~-~ rnmm := Ii ~ =-1 . .~~ WIND RIVER IIII III, . ~ 17 1lt~~ ~"- i0 ~\ TI n 7T II 1'\;~... ~.... "~L L ."" r . :- .. .:. . ~~)_ ~. .. ~~ ~ ".\~~ ~I 1 1111!.fll~ ~ ...>\r ~ 2~~ III/ m;:~ I I ... ~~ -~~~ ~. 1T1[1 II ". . ~J7tll~ l~illJ. 'Inlll ~ [== ~~~~M.~ ~~ < .~~ '/ I ~. " II r \ IILI '11il.."',. ./'~:;;J III ~ I II.. ~~~~ I> ~ ~ ~..\ .1 L.l::JlOIF1 e- ~~ .J NORTH IJ ". A ....,...:.. .~~ -:-- ~- ~- ~. / == . BS!lCltlE . .~ .~. ~- . T.. w. :1:1._ - II III Illlf-r1JsgrnlFR =. T Scale: None Public Notification Date: February 8/ 2006 200/ Legal N otices* sent via Certified Mail: 86 Number of responses to 200/ Legal Notice: · In Opposition: 12 · In Favor: 2 · Neutral: 0 Property Owners in opposition of the request represent 60A. of the area within 200 feet of the subject site. NOTICE OF PUBUC HEARING DCA06-0002 (Z06-0010) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council. concerning an ordinance of the city of Denton, Texas, providing for a zoning change to create an overlay district being generally located as shown in exhibit a and attached hereto, (south of Windriver and West/South of 1-35E), amending Chapter 35, SUbchapter 7 of the City of Denton code of ordinances, "Denton Development Code", "special purpose and overlay districts" to add section 35.7.8 "Unicorn Lake Overlay District" . providing for the creation of the Unicorn Lake Overlay District and regulation; providing for a severability clause; providing for a penalty in the maximum. amount of $2,000.00 for violations thereof; and providing a severability clause and an .effective date.. The public hearing will start at 6:30 p.m. in the City Council ChaITibers of City Hall located at .21:5 E. McKinney Street, Denton; texas. -Because you .own property wllhln two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into . account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: . . Planning and Development Department ..221 N. EI.m 51 Denton, Texas 76201 AUn: Kelly Carpenter These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request .Reasons for Opposition: Please circle one: Neutral to re.quest . Signature: Printed Name: c:;.R. ~-MaiJing--AddF City, State Zip: . Telephone. Number: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HAll WEST · DENTON. TEXAS 76201 ..940;349.8188 . (F) 940.34-9.7707 02-16-06 P04:12 IN 2001 P&Z Notice ~-- F"e'1J ~ 1 Uti 1 O~ 14a HHL Carrol"lton I.:..... .~~ ......... 9 ~ lic- ..JW-""?~b-'~-- p.r - . ., -......~- N-OTICeOFPUBUC HEARING DCA06;"OO'02(Z06-6010) The Planning - and Zoning Commission of the City of Denton -Wilf nord a public hearing on Wednesday, February -22, 2006, to consider making a fecommehdation to City Council concerning an ordinance of the city of Denton, Texas, proviiting fOr a zoning change to create an overlay district being generany located as shown in exhibit - a and attached hereto, (south of WiridrlVer and West/South of 1.35E), amending Chapter 35, Subchapter? of the - City- of Denton code of ordinances, "Denton Development Code", "special purpose and overtay districts" to add sectlon35.7.S"Unicorn Lake Overlay District" providing for the creation of the Unicorn lake Overlay District and regulation; providing for a- severabfli1y clause; providing for a penafty in the maximum amount of $2,000.00 for violations thereof; and proViding a severability clause and an effective date. " The pubUc heating will start at 6:30 p.m. in the City Counci1 Chambers of City Hall located. at 215 E. McKinney Street, - Denton, Texas. Because you own property within two hundred (200) feet of the subject proPerty; the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend-the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to- the date of the PUblic hearing. (This in no- way . prohibits you from attending and participating in the pub/ic heating.) You may fax it to the number located at the bottom or mail it to the address below Of drop it off in-persorl: - P"'anning and Development Oepa"rtment 221- N.. Elm Sf Denton", Texas 76201 Attri: "Kelly Carpenter These forms are used to calculate the percentage of landowners (hat support and oppose the request. The Commission- is informed of the percent of responses in support and in opposItion. Please circle on"e: In favor of request Neutral to request ~~sedtO .requew . Reasons for OPPoSition:, ..... . ,"-~..._ ~ 1- /C.l.i'1 .1{'1'L~~..i'~_. -b.v.?- am 'J4~r-f i..~ .rile "" ( , IF c; A- _ .r. /r -" /1-"/ Si~nature:~~~~::~~ ... Pnnted.~e: . fl._ _~ ~.l~_ . Mailing Address; . ~ 72& ~Q l.)-L. ~V.QII.) BL",J. (i~~tilJ~') 'ffQ~")~ City, State Zip: ..DPf' t';.-:/'l J. "1Jl /G?io- ~327 " 1 TelephOne Number: lCtLtc)2:-?<>"- 2L;~ 7 PhysicaJ Address of Property within 200 feet: ft/ /A CITY OF DENTON. TEXAS CITY HAl..l WEST · DENTON, TEXAS 76201 · 940.349.8188 ' (F) 940.349.7707 :. D~.} P & 2. j\k~!l ~ :f.. --- J I. .1. I I. ,I I I I I I: I , .1, I J I .1. I I I I I I I- I I 1- :m- .1. ..1 J .11 .1 J -J I 1.- .1,. I.. I. I I J ~... N.;.;... ,~-.O= T"~r;: ... , ......... nF: bt "RLI" T~ ..... . r u..,.-. ,.., DCA06-0002 (206.0010) .~. . . Ur= A DTI\.I~ .,. .... MJ~' "''-if. TJ'te Pla;nnjng ant1 Zoning C'.ommJss.ion of the City of Denton win hold :a pt.JbJ;c hearing on Wednesday, ~phnJ;;trv" :?MR In cnnsiffArm::Jkinn a rAcommentfRfinn to rJtv r.nunnJ N\nl"Arn;nn ~n - ~---:-.T --, ----, ~ --..----. "'---"<::1 _ . ___.._.. ~_..___.__. _ _._~. ___.._. __........... '" ~ ._.. n~l~ "e. r\t'a ".f tho citw ^, D~~""^ T A'y~ ~ . nr^'-rirfin" ~^r ~ ~^ning cb .o.n!'Jl::! .~ "..~t~ ":!In t"'\\~rfa'" t ~n..... .. <VG v.. ~ ~ hI.... ......~<.<,. ...-...., "" .... '" ,'-", "V Iv ... _v..... n"':;I" ".. VI ""0"" "III' \,!'y.... u 1 district being generalt'; tocated as sr.ov.1'i In aXfltbit a and attached hereto, (soutf$ of \t'liiidrtver and \"JesttSoUth of J.;.35E). iiii.e,loing CliClpt~ 35, S1JtiChapter 7 or toe City' Of Denton cOde (if ordinanCes, "Denton Oeveiopmerit Code...., ~speciaj purpose and. overlay districtsri to. Bdd section ~~.7.81lUnicom ~~e OveriilY 51~cr Providing ror the creation of theUnioom Lake Overlay District and regulation: providing for a severability clause; Providing for a penalty in the maxil1'lUIl1 a-mount of $2.000~OO for violations thereof; and providing a severablUty dause and an..effective d.s:te. _ Thev-utlit TIeaiii,g wiJl start at 8:3Gp.nl. in the City Cauncii Chambers of .City HaiiiOcaied itt -215 E. .-Mltr<ffT,iey--S'tf''6iit,. -!Xifimti. Texas. Be~~~ OWn pitipi:d}i Within two hundred'-(~(jj reef of the subject property, tire Plaillliny a,ld Zuf;irig C~iSSio;) WOuld iikii to hi1tii 1i~ iW fee; about this . requeSt and irrvites y'Oli to 6ttendt/1e pi.t1Hfc I~eajjfig:. Please,. in 0i(Je,- fof yOur QpJnion to be -taken info actount, -retdtnthis fu.mwith :y-our tumnrcii:ts Prior to the date- iAihf; putiiic hc:Iaring. (This in no way Pfuliiblft; y'Gli ~-(jiii stfei1diiigfi'7Upartki;iating in /he publiC hearing.) YoU may fax .1 io ihe number lotated at 1I'te bottom or mafa it 10 'the &ddr&ss beiQw or drop it 0.1" in-pet$On; P'iiiliiiiig Bnd Develop""'fIt Oepcjrtmt!nt 22~ N. ~Et..i'- Sr . . ~i'it~ T~ 7G201 . . Attn: Ki;;tjCaip6ntij!r . . These fOi'iiiSare used to cakiiiatetfie jer~ntiljj Of iafidiNtne..sthat supPort and oppose the reqaGt. The CoirilllisSlOr"l is rnfu.-med of1he Petcer-n of-rti~ in supPort and in QPpOsmon. l,n :favor of request Pie-ase eirci. une: . . ---.#'. ~~- ~ Neutral to request. CO!lPOSed to req~) - -~~ Reason. for OPPOSition; rt-~~ I 'I" , ., ....;a j '€l..~ f~ v IN, ,........ae ^ : - - ;,.. ( ) ~ "".a _t~ .,. _ ~onl"'1 f' AAn~~ e'"h_ ~~A,.t+Q '( "-l "\l r.l-~ t-nn(.)~ 5 LVl.,{ n. ~.. .~ ~1~ ~ \V'\t'Q ..... - "- . , l- YJ V.f i ...,.,vt Nt. P)1...,. \ ?{"PIt (if:~e A I~ t:4. "\'" .:"T r) i'l ~ il ~ .: ,t;,.-..c V't'!; .:.: - n u-.- -......J - I f""_ J ...... .J~i'/ ~ .- M \.. \:,,,''"2.,.. ~I I""" ~ ~ I\.. . I V (--il'--,.' 1',:~~. ... .' ~ ':">v..I1'tTT ita · I ~~ ""- I lA.I'" . '~flly <1'.1 '"t- OV7-J r 5{[o,/9rr'fi!J~ -~k.,j r-~.7'VGf'{I~ ~ c?- ~ep. S ~ .. / :;;! - ~,~~....~_. -/ ~ ...... ~'~'-o.wl", ___ l f r~~~ ~ / '.-~ Printed f'("ame: .... \a (,. (.'l s::. ~ .'.1\ -oi ~taifin~rMdteaa:' .3 S" oS ~..... f' ~?r City, State Zip: .:.:DehttJI1(-I.r.t.-_.2':L_LQ__ T -.ri.n.k.ru~ ""'" l\. :!~. i_:~~..... · vIQt'IIVI Ie '""Uf II\iIOJ <0 a ~ t ~ ~ ~...;..- "/ ~.j, .-- .jlI- J '-l V I- ...1 r.Jf'~. _ &> u~. J ClI-I OF OENTON~ TEXAS CITY HALL WEST · OENTON, TEXAs 76201 · 940_349_8186 . (F) 940.349.7707 2t)()' P~l !V(;1fief} .. II m. II I .11 I I m~ I. m I II .- m. I E. .-.., I I ,I I I ~ I II I I ,.. I I' I , .1.. .1 I. I. I. I I .m I NOTICE - OF PUBUC HEARING DCA06-0002 (Z06-o010) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, February 22, 2006, to consider making a recommendation to City Council concerning an ordinance of the city of Denton, Texas, providing for a zoning change to create an overlay district being generally located as shown in exhibit a and attached hereto, (south of Windriver and West/South of 1-35E), amending Chapter 35, Subchapter 7 of the City of Denton code of ordinances, "Denton Development Code", "special purpose and overlay districts" to add section 35.7.8 "Unicorn Lake Overlay District" providing for the creation of the Unicorn Lake Overlay District and regulation; providing for a severability clause; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clau~e and an effective date. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hallloeated at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the. public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number loeated at the bottom or mail it to the address below or drop it off in-person: . . . Planning and Development Department . . . .221 .N. Elm ST Denton, Texas 76201 Attn:_ Kelly Carpenter These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed .of the percent of responses in support and in opposition. ,In favor of request Reason~ for O.pposition: Please circle one: Neutral to request . . ~ Opposed to ~ I.~~ ~~-J ~ . 1. . t~~ -tb.. ~~ o~ i!n~ L.t. ~ ttL !iE . ~ _ ~~. ._ . Q. p~ ..(}....h~~ ~ 1Wl~~ . ..;.~~. c~~ ~~ Ift.-!Rld9. ~ ~~(~~. 'rh..u.WQ,I).- ._ ~~ . .~rIt tm.J;lL:- ~ "" bot..p.zt~ t4u... w/1ML ~ .' .... SOft.b..Jli.)1.tt. .,-"""" u....d...w\l'-..........~:....., W~ ~ Gn \.U~ i:t:!:: S~ 'PAa~.Lt o.f\-lu Lc.~ .. . Signature: D~ \.LoO. .. ... ~tJ\AM.~~~. . .. .. . . ..... . ... ...... Prin~ed Name: 1)p.~, \4A II Mailing Address: .3sn 'YA;..n- 1)R. City, State lip: Uf:NTO N \ 1);. '1 (,,2) 0 Telephone Number: 9~o- 53$- 25," . Physieal Address of Property within 200 feet: '( es CITY OF DENTON, TEXAS CITY HAll WEST · DENTON. TEXAS 16201 · 940.349.8188.. (F) 940.349.7707 200' P&z Notice . . . -....;..... ",...-,'. _~}'Ell:?1~-2Q~~!Yr 00:28 jjft"lTWf 1:'NGLTSH DEPT FAX NO. 9405654355 P. 01/02 NottCEQf .pa\JBLIC :HEAAlt.JS DCA06-DOO2~fZ08-G81&) The Planning and Zoning Coml'nlsslon of ihe "city Of.Denton wifJ hold a pUbfic.fifi$rlng -on Wednesday, February 22. 2~. to consider making a recommendation to City Council concerning an ordinance of the city of Denton, Texas, providing for a zoning change to create an .overfay di&trictJleJng.g.~neraUy.1ocated. as shown in exhibit a and attacned.hereto.(south of Win driver and WestJSouth of .l-35E}. amending Chapter 3.5.. Subcha.pter 7 of the City of Denton code of ordinances, -Denton Development Code",. "special purpose.. and overlay dist(icts". to add section 35.7.8 "Unicorn Lake.Ovenay District'" providing for the aeatimi of the Unicorn Lake . OVertay Dfstritt and- regufatiort;providing for a S&~abiJjty cJause; providing "for a penalty in the maXimum amoumof $2,OOO~OO for viotations thereof; and providing a 8e'lerabitity dause .and an effe.ctive date. The, public: hearing wifr-start at 6::30 p.m" in the City Councif Chambers of City Hatllocated at 21-5 E.. : McKinI1ey Street. Denton.. Texas. Because yiJuOWlJ property within two hundred (200) feet of the " subje.ct property. -th& Plaooin.g. and Zoning. Commission wou/cllike to hetir hOw you feel about this .reques.t and invites you -to attend the public hearitlgft ptease~ in order for your opinion to be taken into . . account. return this form with your comments. prior to the date of the public hearing. (Tliis in no way prohibitsyo-u from attend;'!fl and participating in the public hearing.) You may fax It tu 1he number located at the bottom or maiJ it to the address below or drop it off in-person: Planning and. Devefopment .Department 221. N'~ am ST - . 'Oenton.. Texas.. .76201 Attn:.. K8'~ Carpenter Tbese fQrmlS are used tocaJculate the .Percentage Of landownerS that support and oppose the request. The Commfssion. is informed of theperoent of responses In support and in oppoSffion; Please circte one: 4n favM~~ Neunt to request "~~ Reasons for Opposition; I. ~ ./Jzlt ~rpV"c- f ne.' -Bt,te.~ _: over/~1- ,r q.ti~ . fly ,:df'~/yu- sl.-'vlj~- ~~ . ~ . -I' ".(~_r;'~" # .t!./) ;f;....c Ci~~ ote<,J .f:;r~sr g., ~~"--dE fir. j/~fiere ~ si9nature:AellL . . Printed Nam&: AA.J~.,e IkL/ Mailing Address: $*SIJ' 8;l~r p'r. - _ City, State Zip; ~;6n, .-fi>< 7~~u.-.._... . . I Tele.phone-Number; .,-ya---~71-. oj ~ Physical Address of PfQPerty within 200 feet: .~S I:l I'd.., Dr Jft~ Hz /.) . CITY OF DENTON, TEXAS CITY HALl WEST " DENTON, TEXAS 7620'1 .9413"349.11'~. {f')~.M9.m1. .... -. -.. -- ,.~ ~. <, ;;.;. :'~i{}~P&Z.~ FROM :JAMES FAMILY Feb.2O 06 10:338 FAX NO.. :6369337623 Feb. 20 2006 12: 50PM P2 1). \ { f I i: The Planning and Zoning Commission of the City of Denton wm hOld a l3Ub:lc hearing on We:dnesda~i February ZZ, 2006. to conljider mitking a recomntendation to C,ty Council concerning an ordinance of the city of Denton, Texas, providing for a zoning ctlar;ge to Cleate an overlat disiriet being geneTaUy located as shown in exhibit a and artacned herstc, (south of Windriver and WestlSou1h of J-S5E)~ amending Chapter 35, Subcr.ap1er 7 of the Cit'i of De~ coce oJ ordina~es. -oenton Deve.lopment Code~, "Special Pl.:rpose and overnr./ di~ to ads section 35.7.8 "Unicorn Lake Overlay District'" prO'/lding for the crea.tio;, of the Unicorn Lake Overlay Oistrict and regulation; providing for a seversbilit}-' dause; ptO"lidir;g for a per.al;;y in t~ maximum amcunt of $2,000;00 for viotEJ"Jons therect, anti providing a severabmty clause an~ an effective date.. t The public heal'lng wi. start at 6:30 p.m. In the City Council Chambers of Cif}' -Halt Ioceted at 21 S E. .... -.. MCKlnn~~t, t>>mton. Texas. -Because you Own propeity wtthinf\<l.'o hUnllf8Q (200} feet of the $ubject-PIOPSrty-, the P1ar.ning and Zoning Commission WQ~1d like fa Oeltr ~ .~ufsel about tr4 feQV(fst SrtCJ mvRf1$ you to attend the public h&6ting. ~lGase, in Qrdar for your opinion to be faken in!P . account. return this form- w;th yOUr cgmment$ p.rior to ~ -date of the publ!; h~ns- (This in n:;l ~ prohibits you from atWtKting and (J8tticipat!ngin the p;Jblic hBanng.) You may fax it 10 the number Iocatecat the bottom or mal_' it to the address below or drop it off in..person: I Planning and Devefopment Department '! 221 N~ am ST . . r - Denton, Texas 76201. I . . A1tn; Kelly c.;jel1ler 1 Thea" 'forms are used to caJcu18tl-- tile ~ of landowners that support and oppose the request The Commission.is lnfamedof 1he pen;ent ofrespoI1sesin support and in oppos.itior.. .1 J ! i . f f t. . f NOTICE OF PUBUC HEARING DCA06-0002 (Z06-o01..0) . t In favor. of !'"equest Reasons for Opposttion: - .PIease circ'e Ode: Neutral to request ~tor~ ~. ~~oI ~<<~f Signature~ Printed Name: . #' . H : U ~.~ MeHling Address: .,jrkr#............ if" Z;y.~ · ' City, Slate Zip: .." .l),..~_<~ _ ?I'Z7(J . _ -Telephone Number: 94"tr--S'3.r-h 71> . ~.s6- .yJ'~"'-4's,.h Physical Address of Property wJlhin 200 feet: -5Hs". t'P/2 ",;r lK,iJe I ~ f I i ~. i i ,. i 'CITY OF DEIaOI( TEXJJ.S I I ; f - . . . j J CITY HALL WEST · oeNTON -rev ~ C" ?e~1 QA'-r '.A'1f"! S f ~ ~-~ ~Q4W .. '""~. 1ae · (F)S40..349~n"!f1 i i l'C'- ~=&' AIeiJca . ... .... . ..... . .. . _';"""'c ""..,.. '.".'._. . .""....,.._. ., .. FROM :JAMES FAMILY FAX 1'1). : 6369337623 Feb. 20 2006 12: 51PM P4 Corol'lellis in Iegards to Nocic:e ofPubJic ueaimg ADP06-0005 and DCA06-OOO2 (Z06-OO10) - . . . We S1l'ODgI.y oppose any dJauge in ~ or enviromnen18l ~GQn on the subject 133.s acre propert)' south oflDterstatt: 3S .EaSt along both sides of~md River Lane. Stripping a woodlands area to bare ground and ~ and res1JapiDg the land' for a development WheD mexisting ~.pmvides tbr~<<theJk~~ is ,UDacC'eptable. 1'bQe was" good reason for the eovir(wm)t',afal defie,.jh;~ and no ptoJDiae or mitigation plan fiOm a developer is good IeUOJ1'to make a ~ge. LoDg tmn mitigation plans,. in my opinion, ncarly impossible to SUC<<ssfu1IY'lNnlge. Developers are here today" gouO.tomom)w.Not even a very substantial boDd for a very , long time ($10,000;000 for "I 00 years) pRpWl would maD \IS ~ our mind. Destruction ofeJl;vi:roDmentaBy seASiti~ areas~~y "affect. the pIity' oflife so many wmk so hard to achieve in the City ofDentoa. We would sIronJIy t1rje the PJarmiItg and Development Deparunemto Je(;Omoltedd that 1fae be no ~.hauge in the eXisdDgenvhoumadaJ.~or~BoD.the~. ROnald L James Ph,ms M. James ," '~;'~~ -=-{f~77l-~ 360~ Paint ~ve . Denton, TX 7621:0. ..... + I . ..~.. . -. . :.,!" . .. : : ." " . . . . . . . .. . . - .-- . . .~.". . . ~.: . FtB-21-2006 WE 08=28 AM UNT ENGLISH DEPT FAX NO. 9405654355 P. 02/02 NOTICE OF. PU8LIC HEARING DCA06-D002 {Z06-G010} The -Planning and Zoning Commission of .the City of -DeotonwiU-hold a public hearing on Wednesd~. February 22, 2006. to consider making - a recommendation to City Council concerning an ooJin8nce -Of the city .of Denton, Texas. pr;QViding for a zoning -Change to. create an .overlay district beinggeneralJy located as shown in exhibit a and attached -hereto, (south of Windriver . and ~-tfSOutn of i-35E)~ amending Chapter 35, Subchapter 7 of tM ctty of Denton -code -of ordinances, "Oenton Development Code". "special purpose and overlay districts'" to add section 35.7.8 -"UnieOm lab 0Ve1tay District" f)n:)Yitting for -the -creation m the Unicorn lake Overlay -Oistrict and regulati9n; providing for a severability dause; providing for a penalty in the maximum amount of $2.000.00 Jor violations thereof; and providing 8- severabftity dauseand an .effective date~ . The public hearing will start at 6:30 p.m. in the City Council Chambers of City Halllocated8t 215 E. ~y Str.eet, Oenton~ 7$Ca$.- "RiCaLise You dWn/irOperty, WitIiiiJ :tWo 1fUiilfid 1200} -ffilDf Jb.e subject properly, the Planning and Zoning CommissionwouJd like to hear bow you IN} .bout this request and invites. you to .attend the pubJic heating. P.Iease.. in crder for your opinion to be. taken .into . account. .retum thiS' form. wfth your comments prior to -the date of the pubJfc hearing. (This UlllQ way probJbjts yoo frOm- attending and participating in tbs PJJbIic beating.) YOu may tax it tottle number located at the bottom ormaifiUo theadclressbeloW or drop it offi~l'BOn: PJanning and Development Department .22.'.. _N~..Efm ST. De.ntDn, Texas 76201 Attn: Kelly Carpenter . . Tb~efo_rms are used-IQ calculate the PlifC8ntap of landownerathat support and oppose the request. The COmmfssjOn i$ ji'lfOrmed of thepereent of re&pOnSe$cin- support and in- opposition. 'Please circle one: _~ Neutraltorequest ~~to~~ tn-faVDt of request. Reasons fOr Opposition: Signature: Printed . J MaiflngAddr. ..: 115t~ ..p~'i Dr . City~ State Zip; ------2>",,,,1'\ i7Jl.L, 7X 7:; 2.t-D . . TelephoneNumber. . ~.4(;- ~Ob-~~~5;; Physical Address of Property within 200 fe$t:' :__~5- . P. --t JX. . Me ',P&'z,NQ/i<;8 ClTYOFDENTOI( TEXAS CITYHAUWEST. DENTON,lEXAS 76201 . "940.349.81118 * {F)Ml.349.no7 ~., r ,- _. ,I- f .1- I ., ,. .1. I I J 'I ,1- ,I. I I'. .,. ~I I , , I I I; I .M. .1. -, .1 J I: " I .1- JI 'I.. ..-- .Ja~ t'owe 11 ( 94U j ~a~ ~ l~.'a7 ~,..; . . _.p. t :-..... 'I.. j'" - - ~ ~ ..... .t",-o.T ICE OF Of-. f8-- ,- Tr r.v_..._.~ H- --D-YNli " -"cA-.- ""-. ... ..tr OCA06-000z {Zll6-oU10) The Pianning and Zoning Commission of the City o1.Oootoo -will hold -a public -~~ring _Q!l Wedne:st!ay, -February 22, 2006, to consider making a recarnmendatfQn f9. City C.o_!mciJ ~on-c.eming an . ordinance of the city of Denton. Texas, providing .f9f a. ~ontog_ .-cha'lge . -to _ereatea;nC".,~nay drstrict beinggeneraUYlocated as ~hl:>Wf) in ~xhibit ~ and attached hoe-rete, {south of W~,drivei and West/Sooth of f~~5El.~~~ Chapter 3S,Sl.'bchaptet fef the City of DentOiloodeot Ordjnan~~, "D~nt~m Development Code", "special .puipose and overlay districts" to add section 35.7.8 "Unicorn Lake fr;-ertaYDistriCr'Pfoviuing-jor_the creation of the Unicorn Lake Overlay District ~nd regUlation; providiilgfof a SeverabJliiy cfause; providing for a penalty in the maximum amOi.ifitof $2.COOJ.lO-ior vioiations thereot, and providing a severability-clause- and an effective da-te~ The PUbtic: hearing wilt st~rt ~f?;::I9 p.m. in the CifyCou:ncil Chambers of City UalllOWited Clt215 E. McKinney Street. Dent9Jl' T~~il~o Beca!'!se }-N.v.i - Pwnpropert'.1 within two ni;ndreii. (200) fefJcof -lhe subject Property,. the PIa"'!ing fJf'J(j Zoning. Commission. we-uJd like to j'7ear how yvu feel aiJoui this request .and invites YDuto.c~~t~-p!!blic hearing. Please, 1'1 o.'"d'.erfO;YOUj,QPiniQJi to, be -iakenfrtio account. return this- ff?rm~fh yo_u.r c-omments prior to. the date of thE< pubric heai~'g. (Tilis in no way PffJhibits you froma.lt~ng ,~nd fJertfciPating in the public hearing.) You may fail{ .it io ihenufnber _ . 'ocated at the bottorn.flr 1Jl~iJ it t.o the address below or drop it off in-peison: P''lrn'Hng a!'!d -~~topn:ent Oapart.-nant . ~21",. . ,Elm . $1 '.~(H\jl TexaS 76291. .~ff'~~ 1("11' C~.,.tter. These forms are usadtQ ~alct!tateth:e ;re.".:entage of Janda.;;ne.-s that $Ujip&R ..fid, OPPO$eihe request. The COOlll1is~ior1 j~ ipfQfmed of the Percent of responses iii Slipport and in opposition, ;tr ra.-vor 0; request. Pfeas:e. cire!e one: Neu'lra" to- request- (OPPO$ed. to feque~ CITY OF QFNTQN, TExAs .... ~- "'I .....:..._ ..... ... '. 1"0 _. . __ '"',. '..... _ . .. .. Ct1Y HALL WESt · DENTON, TEXAS 76.201 · 940.349.8168 . (F)940.349.'t707 :"Y.1J Pl:.Z N~:'i;(;.:: ---..:.. - -...: :~.., - -.. . ~ NOTICE OF PUBLIC HEARING DCA06..0002 (ZO 6..0 0 1 0) The Planning and Zoning Commission of the City of Denton will hold -a public hearing on Wednesday, February 22, 2006, to consider making a" recommendation to City Council concerning an ordinance of the city of Denton, Texas, providing for a zoning change to create an overlay district being generally located as shown in exhibit a and attached hereto, (south of Windriver and West/South of 1-35E), amending Chapter 35, Subchapter 7 of the City of Denton code of ordinances, "Denton Development Code", "special purpose and overlay districts" to add section 35.7.8 "Unicorn Lake Overlay District" providing for the creation of the Unicorn Lake Overlay District and regulation; providing for a severability clause; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and . an effective date. _ . The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number "located at the bottom or mail it to the address below or drop it off in-person: " " " " Planning and Development Department 221 N. Elm ST Denton, Texas 76201 AUn: Kelly Carpenter These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed ofthe percent of responses in support and in OPposition. ". Please circle one: In favor of req:uest .ReCJsons for .O.pposition: Neutral to request ..-~sed to req~ t-..)c='~..d --tn KnA'J~ - f O)~Cl\- l ~ fl'0P(\~~~(" 'Gnc:\ 'r\~n ~g~~ C)~ . Signa~ure.: Printed Name: '\ Mailing Address: 3M1 MtIC\-\- Dr City, State Zip: ~n \'{. 'J b c,\Cl Telephone Number: Q\.\Q. -- ~'?:,.S - ~b ~e;. . Physical Address of Property within 200 feet:. ~0l '?Ol"'+.f"y -~'-\o""- ,~ ^lb"2.\O 200' P&Z Notice CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349.8188 . (F) 940.349.7707 . . . .. . . . -.=.... .. 62/22/2006 12:32 9465654717 SOfOOL OF VISUAL. ART PAGE 63 J ,:< . :;:' ::: "-,,,, , ". ". -{ !i~. ;~OI.tCE PFPUSLrC : ,I ..... L : IJ PCA06-0002 (Z06-o010) ; i, I · ill:. The Planning aod Zoning ComrnissJOrl of the City of Q~fltQl1 Will hold a PUblic h€~ring on WediiGSday, : it February 22, 2006; to consider Imakinga. reC-f)mm~nd~tjcntoCityCouncil concerning Cita :1 ;: ,:' ordinance of the city of P~!ltgfl.l T~xas. providing for a Zoning change to Create an overlay : 'il:. district being 9~n,~r~Jly fo~!edel.s~.c\m in GXt~ibit a a~d a~l8C~e ~ere~?, (s~~th of Windrfver +,1. ~m~.W~-:Sfl$p;th of '~35E}. ame:nrmg ,..<:h~~te~_~5, ~uocnap[er I of the ~rty ot ~e~to~ ~de Of . . .ordr.nances.. Denton Devek;Pi1itnt l.;uee. . 'speclal PUrpose. and overlay. dlstncts to add : 'J - s~ction 3~. 7.~ "Unicorn. ~a~e O'1ri~~ Oi~tricC Providi~~ for the creat~o~ of the. Unicorn, Lake . - !",. Overlay Distr"1cl and regu,at,on; Pf>\lJdtng for a seVerabllJty dause; prOV'dfng fora pen~fty '" th~. maXlmtff~ amount of $2,000.00 ffr vjolations thereof; and Providing ~ ~everat>iUty c!at!$e J:~t1d ., an effective date. . . :',' - Th~ pubtiq hearing wi!! :start: ~_:=30~~1~~ ~~,-th~._~f~Y Coone;; '?ta~.b~ of t~ Hall located at 215 SE. ~ I: M~rnney Street. Denton, Te...C1~. f;:\Ptfu.se.r Y(-Jf.J OWl) pro~rty Wlthm two hUndred (2f)O) feet of the . · .s':JbJ~Qt PrQperty,t!;e PJ~nnlng and ,zemirtfj Curt'ifflis$ion WOuki like to' hear how you feel abiIJut this : I r~()9:$t and iavitesyolJ ta ~ttend ~~d jJiil:Jlii; hearing. Piease. ill order for your opinion to. be taken into i.l. . :a~c;~~rytj return this form -:mh ~'OUi t:,'~e~ts ~O!,_ ~o i~ .~a~ ot.th~ ~~ilc hearing, . (This in no wa-y PlPtriblts you from affeJ?dJng oi7d - UCipatif;g m me PUDI/C neanng.) You may fax It to the number. .~I :!Qoated at t"e bottom or mail it to tt:;~ e~dless aelow or drop it off io-person~ . "II,. ~Ianiiiiig aii~veiepmeni Oe~rtment ' 221 t". Em S'I JI, Denton, T eAa...J- 76201 11 Attn: Ken)' C!JJentet I TheSiC forms are US,ed. tv .~leUlii~"tne..percenia~e .of fando~e.rS that s:upp.ort and.~ppOse the I . r~quest. The COiTh"'nlSslon is lraoi7TItf eflne percenror responses ,n sUPPOrt and Ul oppos;tioo. (fl. I. . " Pieasecircie one: ~F~---~~ Ii · . . In favor Of request , ~eutra' t~ r~qu~~ $ QppO$ed to req~? ':' g fc~ O----t..'--. 1 ~ . ~---=.--" t; ...eu.ons..... .....--'i;iyH. . . .' . . . _ '. . II "') ,'" &44 :::: ~~~T~ 4F . ~.r( ~t~ ~~. =::::: I; - ;~: ::-:~!fJa'N' at:~VNt,h ck~s "'WEC~ ~ ~ .. '. ~.~ ;;', Sfgnaturs: ..........4~; ...~....., .;t '. . .' ~r (AtoI. \: . : : PrinteEfN'ime:~~~_~,~t\6. l G+t. f 1b 1\:\; \.Di~~. ~~ Mailing Addras$~ . .. 2JI~i KEli.6H&$~j M-......11-\ ANt\ ~?Q.\'T'-( ; ~' City~ .$tate Zip: PettTtNiTX 7:'J..J6 ( cr:1tJt (.l'r-{ 4F~. . '.. T--'c"""-n- Jd~. ~b - -- ~A ... oil 'l..Jl t . 'c::; ':j~ I ;;; t.... ~...... .... '''''101', U t;1/ .. . ..-I'"TfI. .._~ . . .... ......,.::0 . .. ' . PhysIcal Address of PfOP~rty wrthm 2; feet: '191.[ M~p.pV!l.O _ I HEARING .. "1f II .It : ., J Ii If { ,. ;~ I! Il~ ._. , ",. . . fI~ ".It: ~ If ' II. ~ 'If I It ; J} '. ~ '" ~ ,: ,;' I" "~ II. ~ ,I '. I. ~ " "- ~. II. + ; II", i m", i t ; II ~! "It .; II ~ ,. . " ( : : ..I . ~ --.- I r 1.-. ._-'''.- .......:""_.. CtTY Hf'll WEST · DENTON, TEXAs 76201 · 940.349,8188 . {FJ940~:949:n'07 , . f.- . . ..... , . ,. ; If · ; I "II II , 11 CIty' OF DENTON, TSG4$ <Cf.t P&Z Natlie W4 ..... -..'.. ~,~ : I. ~ t., , : I' ~ .I~ , : I : :1 ':., . ~ . , : I: : I ~ .1 ~ I. '-; I ~ ; I .. : I. .11 'I ~ : II . :1' :, ' , ~I, ". ~.I' . ." il. l' ~ :1' . . <;1. ' "I j ~ I ., 'I. I., I, I: I. I I I ., ..~ 02/22/2a06 12:~2 9465654717 ?OfJOL CF VISUAL ART PAGE f r. I\.i.OT. <I~r:: .hF PIIRI Tr .H- -.J;; AR~ TN--~ · ~_. -~ r--.. . ...... ..............~ . ...n;,._. .~ fDCA06-0002 IZOS..o010) I ' Th~ Pl~nnjng~ a:n<1 ~1')1J'lg C!?mmj~Jion of !he City of D~nto.n Wm nO.!e:! a pVb!ic hea,ring on Wednesday; ..F~p.fl-l.ary 22J 2Q06, to consider l'fmaking a recommendation to CJty Counc!1 concerning en n ...,.u ... 0 " ~ "f +h Q ""in,. nf na n +^n- T A V ~ ~ r\........." ,.: M :....".. 4,..,.... ~ ..,.""".....; ...,.. r""..... "'=!II. ....SA. +^'- ".a..... +~ ,.. ..... '0'" f'........ ....... .f! .... .. -.' .. .....-. """ . ..... ~. .'.... ....., ...... . .... "",. '.~'o# . .t ..... ^'"'~ , t" '0# .. ........1:1" ......, g ....u I II ".,ll;t ...... '!;O" .... ~.... ..... Q.Q ~..... g u V.y, '10.,)' .... e.+ · ~ ........ II I ~.... ..J.. ~ k_..._: -o.b a...:+ - __.. -.........1.......... I... _ .-.._ , _ ---u_ _& \ ..,,_ ..J_,. .__ ...1...4"1.... .......In; generallY localeu ~.;:tj IUWII Ir~ ~~IUI~n Q. a~~ ~~~"flC'':: I ~f C'l';':. l ~~ t _~I_ ~ V'~' ~~'~VC"f . a~?_~~~SO~:~ ~:._ ~3~?'._~~',~,=~f'~~g ....~~~~le~ ~5.~~b{jJlafJU:!1 lOf.tue CI.'Y Ul.!-,~~~~ ~tJ ?! . OfOJ:~n~!~ _u.~~l:,?n U:VelO~~ ~<:~,e_,. :speCf~I__purpos~ ana ~~ena~ .a'SI!!~S' to, a~a seerlon .1~. f.tj -Unicorn Lake Ofenay, U,stnct" providIng for the creatIon of' the UnIcorn Lake . . OVerlay "'strict and regulatjon; WOViding for a severabilftyclause; Providing fora penalty in the maxinium.' amount of $2,000.00 for vioJations thereof; and 'providing a severability clause and an effective date. I ' The public heating wi~l $1aFt a1 a:3J1p.ffi. Iii the CllY Council CrltirnDef8 of Cay Haii iocated at 21;> E: McKInney ~7eet, Denton, Texas. BeCSiiSB yuu ow;, P'-iJfJfji(~- w'ft.ttin twd hundred (200j fern of -the Subject 'Pro~;tf; the Planlihlg a~ ZOfiln.g CDt~miSSiut7 w~ iike IV nfjijj ii~ ~{ju te.ei ab;M !~ " request and ;nllitG~ ~'!.iJ ta..c:!!.~~.~f.!ub/~~~~i}?!!'L_P~~~.~l _~~ ~o~...~iJ! ~p~~l~n ~~~ ~K~ Inro gcC?~~t. i&tufn thIS IUUII ~rul YUU'-E:!Jti1t;lr!us ~f1(J! lU 1I1':.~ii~e ~~,.~ P~~"C .~~~~. ..( ~m: 111 no ,!,ay prohIbits you. fr-vm Gitti!;lidlli9. ai1a ~~clfJ8UrIfj in the PUDlif; neaon9') You may Ta.){ 111:0 me numoer located at t.'ie bu-ttcm orl~kiil. it to !']' a~~~~ wic:w u~ d~Ofj jt_~ff in-pefSOfl~ P1uiiiiiiig .1:1'4 Oevt:=IGJlmtfnt OVPilrtnient . ~~.. IL1 e'1_~" ~ I. "II. g,-f'~ 'fII\ .... ... .,.. -.u ftJ/- ~ .!!'~" ' .~~~'~_:.~ . ~-~~~~ . n"u.Kir"~~f~"l_r. . Thase1cnr.s ~.U$:~~:~ :~~~}~~~~~e...~!!~~~_~~..a(j~ and .~ppQS. me raquS$t. The ,^,miih~~IVII J.l> 'utulur.v U-IUQ;f ~Jcerll 01 fe:s~fOeS Ir, SUPPOrt ana In OPPOSIDf,)n. . . PieUe cif'eie one: " ~ .1" ~r of request 1 Netltral to request ~Jo rea~ J OPPOse the section 35.7.8 "nlfE;irjQy" tm~"~m"n.t ::t.'1d .~ftc(:".a:iv~ Dev..lopr._Jf P'-lluf--me ioiowing 1e8Sone: t. It dO.&i nOi saUi-ty me oeen.space fflll'l, nor ~ ~.~ or ~ il'! ~~~' ~ge Of 1hetiees it will !S~~nssq~i it do~ ~ ~ basic recrwre~ Wll~ oy me ~ Of ~n. ~ jf:,~~~,.~ ~~ 11 acres.f the ~,rrm~. a1I ~t a~ !nenfaceab!e __--. 0&....... . _cQO$ntu..-Ule O"~y -~ ~=. fbebiqgn1he BastanCl"'~"-"'<""'" ..q. ~~"-'. ~_ .' . . for~1!!! ~ntuti- :h.....- ~ 'T' .. -'-." --- . c. . ~ ~ !'Oa.. WbiIe native ~ s~es ean 1M!! .. -- ',. ......... ," .' "- .' C;. Jo'>-OSS . .;pe.. '--Or~ ri'self nas ~ fOr ~usands of years and I$l an ~I p&rtof - 9.urregiQn & history. 8eCauseof its ~rta..tt hiEtor.c en'" -cuttuml'rc!a .. J___.__ -6WW,n"-'--1 a.n;;~~ ~-ro~;r.~~on a. It ~l'ades l!lflemriro'!.~ s~.~ bYiEid~g environrnen;.r~~iiv: ~n:t:,r:'". ~diii;' . . ~'lJma: SUSfgliiilCe. water WII8eI'Va1lOn anctrecl'eQanaI ^""""rtunities- It will ..;wr.l;;-...; __ "". '~'ar. '". ~ . ..__.. _ erosion. The ecoIQg!~ll~! wm be "refC;:l1lf. .., -n-w... ..........., cur qu ity and cause 8011 , 4. ~ a~Io~~~. ~ew ~-!lijiV~to PrOfjta1h~exoerise of anenti~(lQjr)rnY-"~'J It ~n deslrc', an i:Te...I.._--I..!..~..~__ Uf.-OUH~~>>l1mUnlty.thereby re~ peny values -Of our homes.'Aiihs ... "'.. . ..,. .. ~""-..' COnduclAtt .....lilr"...... ....... u_'--:_ . --'-- -- --0- - - . ~ on CORSfifVatiOn aevelooment . , . '.r:" ,...; "', -, ':.. ........ .......u. .' uwr~iUiiSUiI(_ D1af open Space presewuon, brings ro~lerm .finanCial . suocess and stabiflty to c;ommuntti I~- TIm; "~a':J$ not s~i,,~,,~ ' ~inn:Q+' WOol! ~ ,_..~. ............. ~. . .. Printed Name~ =-. ~ ~. /.&6 t S - . ~2.'.~~+~.. tb'~' City, State Zip: D~,J. ?"k ":h- '%..., n T-PJAnhnnc ,.\It Irnh.o...~ " w~ ~-~- '~<J..:,,-u, - ~~~;~~~~:;:Pr~e;~~1;~;et;S"_6 ^~ ~c~~ ", ~Maili.r:g Addl"ess: .. ..I)::'...........r i L) .. _~ .....~ ~............. ~ITV nl; nCAlTn-1J "JI"'C'vA-8 ....... ., ..... .......n....,.., · ~~ . Ci 'f HAU. Vv'EST · DE""".ON. u::AAS 7~2Qi · 940,349.81-88 . (F) 940.349.n07 200~ P&Z Notice ~ I 1 --..> e2 , ~j: .1 . I.., .1' : .m- : :1. ~. ,., . . . I. .fI' :.1 ,. I. m. I I , ". : .1.- : J. ; t., ,.. .. ,: .- . - I, IL' I: ..1" -r " ,I' " If " .1." I. .t :1' 'l,' II , J J JI. I. I I. I .1 J I. I I .1 I. I f , I I 1 j , , , , J , , , " I , ,. .'1 I I I I f I f _ , ~- J .-f , - - I - - I -' ~ .~1..~: r~~' - ,... t.A~ AI... 4 ~ ""'5".,. .. __... . ..- - A - "p- .~ "Id~_ -w~, ~e?~-~ J 141buJR' ~. ~- I - : . - . W I' ~ /<. .. .. ~ I. . re~~' . I .11 II. Il ,- "l 02/21/2666 a1:25 9405352336 MARlA CARRrGU PAGE 82 NO-ilCE OF PURl_Fe ~- . . .~. ---- ---~. DCA06-D002 tZ06-0010) UJ:ARTN- ..-C . ...... ,.,~.- ~ The Planning and Zoning Commission of the, City of Denton Will hold a ~c hearing on. Wednesday; February 221 2006, to consider. making a ~rn~~n~:s.tiqn to City -C!)uno;J cOnCerning an Ordinance of the city of Denton, T~~s> providjng f()r a ~on;ng cha:nge to create an overlay district being gene~Uy t~~~d ~s sl1pwn in exhibita -and attached hereto, (south of \<'Wndrive:r ant;1~ \tV~$tJ$oVfh off-35E}, amending Chapter 35; Subchapter 7 of the- City- of Denton Code' of' . rf~ ."no '^ ~,. f ........ -... "'_.-J:_~ -- --;.:~I - - . . - -- .. ..... .1Iod .,6 ~ . ts~ ~ tr . d'~ . O~,..,'nances, .......n.....n ............."a OP",el f\ '-'vue, :>Pt#l'ICf' J,JUfpose ana ovenay _ lStnc . . '0 a u section 35. 7.8 "Unicoi11 lake Overiay Oisfrict- providing for the creation of the Unicorn lake . Overlay Oistrict and regu;ation; providjng_ for a severabJtity clause; providfngfor a penalty in the maximum amount of $2.000.00 for violations thereof: and Providing a severability dauseand an effective date._ . Th hI. h" 'II t I'f of ,;:,: -"n .....,,~,.. " ,..... _ _!-..~_~ ~ _" ..... .'. _. _ _ . · . ,El: f)U.., ,1C ,.~iU'!ng 'ffl.. s.a. ..... ...:-.. p.m. In ~..a ,..miw'UiiCtl \"Uj:UUwrS Or '"'fly Mar, locatea at ~ 10 t. Mcl{;nne:y Street, Denton, Texa$.B€c&;se )-olJ:o~m {JiTJperty witllintwo hundred (200) ;eet of the ~'b ~ t. rt tl1 Dm I't;o,h 6"',1 7~ _ ~--_:__:... _ .__. .'J '''_~ A_ ... _ _ _ ._ _ _ . 'h^" _ _. .'. ~:cJef.. pr~Pf1J'. ~.e · ....n.....:I ....j~ 4~'H":1- VVI"ItU~~1 n-VUlU Ultt!l(l near now yoU Teel Eli.#uUt tms Tf1:</l!f!$t ana i,T1vltf}s. >iOtl to l!tt:ma th~ pUblic hearing. Please,;', order fur YOur opinion to be taken into ;leCO'unt. return this ferm ';l'.1th yC'.;r ecmrr.ents-pno; to the date of the P-iibiic hearing. {This in no way" f)fO!1!bits yQY: from attending 8J?d parJcipatii,,;g in the public ,'ieijring.} You may iax it to the number lOcated ~t tf)e. bottom or mat! it toths iiddra-~ belvlN_ Of dmpJt uff in-person; Dle:n .~ ....... ft .. _1_p_.:!II!!!,_6. ft_~=-~~...._a · ..- ,nIl -::s. g...~. ....ev'C=u., :a'.Iii' .... U"="...... &;.,I.elll 221 N.. Et.m ST Denton, Texas 76201 A.'tn: K~n'.f Ca.~r.teT . T~~ forms are used to- calculate -the jHircenCage c;T landOwners tha,i- suPPort and. oppose the teqt.-est The COO'"~issicn ~. infotmed of the PEit:eent of resPfJr'JSes ;n SUPpOrt and in OPPOSltlon~ In favor .of request R~_a~n$ f~, OPPOSition: Neutr:,~:~::~one: ~t()~0 .~-~.- ~ ~in'Ull+U~O' ....MOIl! ~. I 4 \ l,.~ h lJ.o,a-...-. ..... - "': 'V.....l(.,. t t/- "W1..x I Printed Name:' ~ fl1.tln~ u J · ',. . lA' U'ftrt AriA_a';', ~'^ 0, '~~~t--~1 ...8..1. 'lllI '"'.........._. ~J~ I J. ~. f ~'I_ , : _ . .' City, State Zip: ~'~..~.~ 7lidl/l) . . TAtaft....."no lI.l.._",,-... au-X;:::; :i ~.... ~ it~ ~ . '. _..-....u~. - · .......iR:.. - -= l' J '_ ~...... c....u _ Physical Address of Property within 200 fSet: .3~~ _ .Qu;;;,i 0. . ~ CITY OF DliNTON, TEXAS CITY HAl" WEST · QENTON. TEXAS 76201 · 940.349~8188 . (F) 940.349~ 7107 - . .:\10~ &.'&.z fJr;,t.lr:& . . . . . -".'. 82/21/2036 61:39 9485352336 MARLA CARRico PAG.E 61 I 'I.. -I -I J . :1. 11 ..1, I I I 'I -I. I I I I I ,. I. ..1,.. .1 J , 11 ,I. J I I I :1 .1 I I I:. I. N- . ---C. ~ 'OTI.E OF PUBLIC HEARING DE:AOfUInn7 17ftR.nn1A\ - --.. . --. - ~ -.-- ,-........ WI'....., Th~ P(anninn rvi 7 ""," I"~-~ ~ Mo.... ro:a.. ~ ,,_ '""""... _ .. .:U ... ':..1 . _"': i.t... . .. 'I' . -. . .....~ ::to, - -... ..:ng ..""...... "_'V" .... "'II;; ......., v, ~. n.un Will "U",. f::J puOIl(: nearIng on ""eanesday, ...Febfuary 22~ .20e6. to COrtsidar maki"g a recomiT.enUlniuiiroCiiy. COuncii concerning an .ominaneOcfthe city of Denton, Texas, prwiding Tor a zoning change to create an overlay distrietbeiu9generatty located as Shown in exhibit_s and attached hereto, (sOuth of Windriver -and . ~av"estlSouih ofi-35E)1 amending Chapter 35, Subchapter 7 of the City of Denton code . of ordinances, "Denton. 'Deve;opment Code"~ '"special PUfJ)Ose and overtay districts" to add section3S:1.8 "UniCorn lake Overlay. District" providing for the' creation of the Unicorn. k~l<e O ....... Q. t -ct nd lati -d... to . , b;I:+... ct - ~..:....... ~ Ifv" thA . V&uuy .(s n .8.regu . on~ pro-VI Ing . r a severa m~y ,suse;' ;;-'Y,..fl:c1Jf1g_Ol" a pane._" 1O~..~ . maximum amount of $2..000.00 for vi9f~ti9n$ thereof; and providing a. severability clause and an. effedive eJa.te.-a The pUbiic heating wi;; start at 6:30 p.m. in the City 'Coundr Chambers of City. HaJt. t,ocated at 215 E. . MoR"uiney' Sttee~ Denton, Texas.- Bfl-calise youfJWnptripertyW/thirr two 'Jnn1dJt:d {2081-!eet-ofthe.- SiJ~t prdPerty. -the 'Planning. andZoningComtnissicin would Hire to hear how you feel' about this raquest and invites you fo aHend the pubiIc tJearing_ Please, in Oltferfor Your Opinion to be taken into BcCourlt;tewrnthis form with your COmments prior to the del$ of ihe public hearing. (Thi$ in no way . prollil:Hls you fio.m attending. and panicipating in the public hearing.) You may fax it to the number. -Iot-atea 'Git the bOttom or maiiit lathe address below or drop it off ift.person: . Fianning and Daveiopment . Department . 221 'N. Frm. .'8T . - Demon, .Texas -. 7620_1 . Aii:n: . KeiiyCarpenter . . TIai_ lV-fms are used to caicuiate the perCentage of lan.downers that $UppOltand Oppose the ft!JqUeK 'The Commission is. informed Of the percent of responses in support and in oppOSition. .. '. fileasecirdeone: .~ .fnfavorofrequest .~tQ~: ..~toreti~"CSt.~ ~asGiiS fut- QpposkiOQ; . . . LL_ ,. - '. ,-. _I ___. ~, .', . _ A. E~~~;j~;if~:r:::1;~;;~~~ L . 11:A . ~~ . .A~/.1..~ f1"a,~ ~.LLin.ur.r~...' ~~AI<1 JAJZf1LALA Pi . p'. _,,"",Vll~.,.. ..' ~.._~_ ..~ /~~# A_~. . ;:rr", I . .. . ~_ .~ ~-A v. c~........_. .. . _c -_.. .r ~ .~ . ~'fCl.",,' w. . ,. ,6..IJ JVJ.S . ( ~ ~ ~ . . Printed Name: :M~~~.:1-c~~44 r r , 'l: d " " . ~ , .., I g · __1'1. _ t.. ~ Madmg' Address: L..J' ~ f I &i ,n-,. 11" ~ if~ City. State Zip; ~.,,~nJ T)( 7"'2 ia . T J... ... ..., .... t1L{{k -!S ^__L . e.oi;;p"on& ,,,umu&i":. , .(,000= ~ '. ~~, . Physica, Address of ProPertY within 200 feet . .3~21 w.,;,,+ 1Jr# . . L. . I I" " -... r..... 1I~,. ~ - - .errf OF bEiv70N. ,e)(AS CITY I'fALl WEST · DENTON; TEXAs 16201 . 94.0.349.818$ I (F) 940.349~n07 200' P&Z Notice - I II I II I .J .m J .1( I ., J I I II. .t I .,. I .1. I I I .1 , I I ,. I,. I .1.' .11 -I I I .1 I, I . -I. I II I. I I I .1- :1 I I II I. I. I I .1 J I -I. I I. -.1 I I I I .1. I .1- .1. .-1: I ., I I a. ..'1 I. ..., I .1 I if I. .~I I ., .1. ...1 I .1 J I I I ._. - Feb 22 06 04:45p . 21450392,54 p.2 NOT ~CE ., --- - --~ . .. -.. .......... - ..... ......-... Ht:ARING .. I .1 m I I I II" ..1 .11 IJ .- .J .1. .,1 . .11 .1 -I- I .1: .1. I.. ..1 J ..- J: J 'I. ,. -~I I. ,m ..- I I 1- .J '.-.,. -m. I I -I I -, .- J .1 ,J .1 .1. I I I ~ OF PUBLIC DCA06-OO02(Z06-OO10) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, F"ebru<;Hy 22.. 2006. to . consider making a recommendatiOn ta City G9l;fJ1("il f:9fl{'~fl)i:O!1 an ordinance of the qty _of Denton, T~X9,.,S.PrpvidlrJg (Qfa 2OOingchang@ to _ereat'El an overlay district bAiM ~llP.r.:lllv lnr~tM ~q ~wn in l'lyhihit Q =:inn Qtt~ hor,."" I~ufh ^f lA/in,.<oi,,^.. c.. ."- -.. ."-. - ~ -- -"" "" ,"" . - - _h ~ . - -- -- - - - -. -. - · .,. '" ~..... -.~ _ _.._ .....~ ..,......... . ....... "....., \...... ...... .... _ _ .. 'UII .. y I -=:\nri W~t:::tJ~-uth r;.f t_ 'l~\ ~~~ i"'h..:atVar ";lC; ~. ......h..,....t..... '7 ~~ u......r-:.u ~f n.-_f.__ ---1,_ _-c . -. ~- · .- . _.- w '-""V ... -. · - - ~ I> -........... U.':::I ........... ,...~.... ""', ...."""'........v...., . ...... ....., ......, v. vet . 'v.., -vvua v. ordInances. "'~nton Devefopment Code", '"speciaf PUipOS6 and vVerlay' distficts" to add section -35.7.8 "Unicorn lakeOVertay Distr,et'PfOvidif.g-ftK the erealioo or the Unicorn Lake Overlay District and fegutolion; proViding for a severability clause; providing for a penalty in the maximum amount of $2.000~OO..for viorationsthereot. and prOViding a severability clause and an effective date a Th~ pub!k hearing _wm start at 6:30 p.m. in the eft-I C6-':ncit Chambers of Cif)~ Half lo....""8ted at 215 f. M"'Kin~v ~~tn...n.M T Oy~~ ~~ ..,0. .;;.... ......-n .........nari.~ u.nhu.. 40.-. Iou-..t-...r J''l:OtU ~_.. _~ __ . -- -. .. - .. - - ~ --.. - -..., ___H___... · ----. ---~ -~- J ~ .~ ~~.. 1" Vl"'~ ~T . -.......,.. ..... .... ,. <<,'Uv'v;.; I" VVj '0..... VI _ "Jr;;; ~uhiP-rl D1'nrIIz>dv. thp Pl:::lnninn ~nd 7~nn rnrnrn;.,~ _"'"' 6.1.-.0 *^ J._...... I.r...... .~".. ..;.."./. -...-...;u.;.... -.,.. ~..- ~...,-.'. r-' --....--.. .~, - . - · . -. .. ... ';:' -.., - - -.....::1' ~ -. .... ............ -.......ur.; ...." .... rrr..... uv.." .Y vu. ......... a.........n u,,~ t'fJqf.lest and invite-s you to altend the- {'Helie hearing. PleaSe. -in oider fer }'C'Jr cpjniontc be :taken -intO' ;If'.ctumt rAfurnthic:. f-nrnt with ut'U.r /'nrnon.:ont.. nrinr t... ...... ~.,...,. ,.E th", .....ohIi... .....~__ IT,,"- ~ "'0 .........-..~... "- - -, - - - - -. - -. - - -. .... - · -.. · · · h... J - -. --..... .-...- I'" ..~. ~- ~.... ......~ .... ...... ... ...."'..... ..............l:f. \....~..,.. _.. Q .y prohibits yotJ from attending and patticipeting in the pub"!: hearing.} You ma-; fax it to the number located at the- bottom or. m~iJ- it to the address below or drop it elf in1JOfSon: .Pkmni!lg and Qe~t Oepart.~ 221 II. Elm. ST. . ..De!!t!m, .T9%-2S 75201 Ann:- K&lJy.. .Carpenter l'hAt::Afnnn~ :lra I-lo:uul tA l":alt"td.,. f"- -_~ .....1 J~,;,. 0...... _.,....._ ---' ___ ~ - ---- ~ - -. -- . - -. - - - - - -- --. -_. -.- . .-.- .,..-. --.. -U'.. --. ........ -....-.-.. ~....~ ....f#,........ ....-..... ~.........._ U-I"G rAft..8-st ThA r........-ucc::i..... ~ :~^--.j nf It-a ~f nE ~IVU\........ i... ~...........ri......d ,.... ~_ . ~..., ~ .. · . · - ~....-: lot! u_ -,...,... r~. ~ In...: t.I~ ..- ....~ _........... ~.. . ~"'t""'-'" .... ................_. "... .. . ...,....~'ir;:.ot.V'-,.. Please cLrele one: in.lavor ot request Reasons fnr OppoS~: 17_1=_ ~.. ___ . . I ne SYb-ie&f fqfK"7 ;S JJ(/Il~~"" 1'1 f q!t~/! .t~J!f; jt, I rla.sIrocK 1-J: 4/17.\ ~ -: o. . ,~ _ __ ._ ~ ~M ~&tIef- lo-J~s m~U. ~Vf t1.rf <it. -1~ oll-.} ~ r J I 1. ~ -. ... ,. I ~.A~ .1./ -- <:- L____ .If ~v,,, .J'C.,J~"'. } ~ A ~ ']'17 ,^,~.f IJr. . . l)eif~ ,fX'. 7~Jo ~-SJl""JJ.( Neutrat to- request ..~ -. ePposoo to requeSf) ..~ ~.,- I. "HI.- · ..: 4 +-- '" ..' ~ ~~ -II -~J q~ - -..J -JJtf' 5~.I1 af-.l1fJ~~ ~4 -.4 ph.~- . ~kQ! C4!ll 54rfls -Ik :)j. 14 t..s!>=lt S~/4N!- iK...., j;~.f._.. U A · ~ - . ui,:A~ t...~~{Agl.l '-~.~\e v -1."'" J ~ .t. t .- ~ . 1. . ,,(. Jr.,;},... i:. nt! -'4-11e1 "1-1. J .-,-- .{,.. 'V It . Signature: ..Printed. Name~ Mailing AddresS: Cjiy~. Siaie Zip: T efe_phone N.umber: ~ Physical Address of Property within 200 reet: )6/7 FL ". -, n""'J_ I" G...,,-, T -u I ~~. CITY OF DE.'iTON. 1'C.1t.4S ON HALt WEST · DENTON', TEXAS 7'6201 . 9,fO.349.tH88 = \fJ 940".3-."9.7707 :loa. P&Z !Jatk:e . ATTACHMENT 7 Site Photos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 " 22 23 24 25 Condenselt 1M Page 101 COMMISSIONER STRANGE: okay . We' 11 then 1 move on to !tent No. 5B, which is rezoning 47.1 acres to 2 create on overlay district being generally located south 3 of Windriver . We have had a request for a five-minute 4 break. So we'll take five minutes before we re-adjourn. 5 And wefll re-adjourn at seven minutes after 9:00 or 6 reconvene. 7 (Break taken.) 8 COMMISSIONER STRANGE: wet 11 reconvene. 9 Itrs 9:10 in our public hearing section. And the next 10 item will be public hearing number 5B, which is rewning 11 approximately 47.1 acres to create an overlay district 12 being generally located south of Windriver and west/south 13 of 1-35 currently zoned NR-2 and NRMU-12. 14 MR. LOCKLEY: GOod evening, Commissioners. 15 This case is being presented to you in association with 16 the prev-ious case ADP-06-00S. In this request the 17 applicant is proposing an overlay district at Unicorn 18 Lake as you described on the 47.1 acre parcel on the 19 southwest quadrant of Unicorn Lake. 20 This section of Unicorn Lake was zoned in 21 2004 to allow for multi-family units and to allow for 22 135-foot buffer between the single family homes to the 23 west and the multi -family units. Since the applicant is 24 now proposing 112 single family homes on overly districts, 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 102 that includes the following items are being presented for 1 your review and approval. 2 The overlay district will include a gated 3 conununity, private streets, a minimum 5~OOO square lots 4 and lot sizes less than one and a half times the size of 5 the building footprint. There will be no maximum lot 6 coverage. The minhnum square footage for homes will be 7 2,500. There will be five-foot side yard setbacks. 8 Also, being proposed is an exemption from 9 the: requirements concerning connectivity to allow for 10 those streets to be gated; the exemption from the 11 requirement to park behind or beside buildings and the 12 requirement for a Homeowner's Association. There are two 13 other items that's listed that's included in your packet. 14 This is an illustration of -- or the 15 location map for Unicorn Lake. This is the existing 16 zoning as it exists now. The area that's identified as 1 7 this site that's in the rust color is actually the area in 18 which this over lay will be applied to. 19 And this slide illustrates the property as 20 it's being proposed to be platted. The gray shaded area 21 is actually the extent of the overlay on that subdivision 22 plat. So these items that I just noted here actually will 23 be in effect required on these lots that are shown. 24 Now, that concludes my presentation. And 25 PLANNING AND ZONING MINUTES APRIL 26, "2006 Page 103 I'll be happy to answer any questions you may have. COMMISSIONER STRANGE: Mr. Roy. COMMISSIONER ROY: would you clarify for us the logic of proceeding with this based on the results of the previous item. AncL number two, would you explain to me why the City is the applicant on this project rather than the applicant? MR. LOCKLEY: In response to your first question, this is item is going to move forward regardless of the actions or the results of that first item. If-- in fact, if it were approved or denied~ this item would still move forward because the Council still needs to take action on this overlay district. The City is the applicant on this request because of the time that it was submitted. The Denton Development Code requires that Development Code amendments be submitted quarterly. And given the time that this application was submitted and the desires to present this to Council in concert with the EDP, there's provisions in the Code that allow this to be initiated by the Planning Commissioners, City Council, City Manager and so on. So in that regard the City was the applicant to allow for this item to move fOlWard in association with the ADP. Page 1 04 COMMISSIONER STRANGE: well, I may be missing something here so let me get you to just fill in a coup le of blanks. The first thing is in the case we just heard, there were conditions that would -- were put -- would have been put into that "regarding a 20-foot setback and one tree in the yard and those sorts of things. But those are not in this overlay. Would that be something that would be part of this? I know you you've got that lake~ But if this were passed would those be a part of this over lay? MR~ LOCKLEY: If the underlying zoning as in exists would still add in those landscaping, so the landscaping will still be a part of this. That doesn t t exclude -- it t S just not identified as i terns that are not a part of the Denton Development Code at this time, COMMISSIONER STRANGE: well, but this is specifically called in for side yard setbacks. MR. LOCKLEY: Right. That would amend the existing setbacks in this zone district. COMMISSIONER STRANGE: But wetre not going to do anything that would -- that would include in the overlay these other items that were set forth in the ADP. MR. LOCKLEY: Can you give me an example? COMMISSIONER STRANGE: The 20-foot setback. MR. LOCKLEY: On the rear? Page 101 - Page 104 CondenseIt 1M Page 105 Page 1 07 1 COMMISSIONER STRANGE: on the rear. The 1 need to move on this tonight, in the case the Council 2 one tree in the yard. 2 approves the ADP that was just on the Agenda, then they 3 NIR. LOCKLEY: I know that the items in the 3 would move on this issue; is that correct? 4 ADP were just recently discussed. So if~ in fact, the 4 MR. LOCKLEY: They would take action on 5 applicant would like to address that. 5 that, yes. 6 COMMISSIONER STRANGE: well; 1'm just 6 COMMISSIONER NOBLE: okay. 7 asking you now. We'll get to him in a second, 7 COMMISSIONER STRANGE: Mrs. Holt. 8 MR LOCKLEY: Sure. 8 COMMISSIONER HOLT: Yes. On the no minimum 9 COMMISSIONER STRA.NGE: I'm asking that. 9 lot coverage, explain that to me, please. These lots are 10 And then the second thing, I guess rm having trouble with 10 not that big. 11 is if we pass this overlay ~ then what this over lay does to 11 MR. LOCKLEY: The minimum lot coverage 12 the property that we just were told potentially would have 12 allows the applicant -- you mean, no maximwn? 13 apartments built if the ADP was not approved and if it 13 COMMISSIONER HOLT: NO maximum. 14 were not approved by both groups and we pass this zoning 14 MR, LOCKLEY: NO maximum lot coverage. 15 change~ And with this overlay on it, then essentially 15 Yes, that would allow the applicant to provide some of 16 we're restricting the use of the property to single 16 those items that are not currently allowed such as, you 17 family. 17 know, the patio enclosures and items that he would want to 18 rvtR. LOCKLEY: Right. 'When this item is 18 provide to enhance those homes. So if there was a 19 presented to Council, if that ADP is denied then this item 19 maximum, you know, it would not allow him to do some of 20 ..will probably be pulled from the Agenda and Council 20 those things that he's being proposed. in those homes. 21 probably will not take action on that or, in fact, it 21 COMMISSIONER HOLT: so on a 5,DOO square 22 could be denied, the recommendation would change at that 22 foot lot, you can -- you could build a 4,500 square foot 23 point. 23 home. 24 COMMISSIONER STRANGE: which kind of brings 24 MR. LOCKLEY: JUst so long as the side yard 25 me to the same conclusion Mr. Roy had earlier. We 25 setbacks and the other setbacks from that, yes. Thatts Page 1 06 Page 108 1 certainly could entertain this and make a reconunendation 1 going to be actually the building envelope. And you would 2 but to me, ifs almost coming down to a COWlcil decision 2 be allowed to build up to 100 percent in that building 3 at this point anyway. 3 envelope~ 4 MR. LOCKLEY: I understand your concerns 4 COMMISSIONER HOLT: Everything except five 5 and what this creates for you. 5 feet on each side? 6 COMMISSIONER STRANGE: Right. We're 6 MR. LOCKLEY; Five feet on the side. 7 creating -- werre faced with now another difficult 7 There's a front setback in the -- 8 decision and a further obstacle which could impact the 8 COMMISSIONER HOLT: rhat's a lot of stuff 9 usage of the property. I just want to make sure we're 9 on a little lot. 10 clear what we're doing. 10 COMMISSIONER ROY: Following up, staff~ 11 MR. LOCKLEY: That's right. If the A.DP is 11 would that be like a zero lot line house? Would you call 12 approved, that would allow the applicant to subdivide into 12 it that? 13 those 112 at the Councillevel, into the 112 lots. After 13 MR. LOCKLEY: NO, that is not a zero lot 14 that, then the Council would need to take action on this 14 line house because there is a set back and the house will 15 overlay district that will provide for those items that I 15 not be built up to the property line. 16 noted. If the ADP is denied by Counci~ then it 16 COMMISSIONER HOLT: well -- and if it could 17 essentially causes this request to be moot, and that item 17 be built all of the way up, well, we'd still have the 20 18 could be taken .~ action could be taken by Council and the 18 feet from these people's fence line. 19 recommendation could be in the form of a denial or this 19 MR. LOCKLEY: on the rear. 20 item could just be pulled from Council and no action be 20 COMMISSIONER HOL T~ on the rear. 21 taken at alL 21 MR. LOCKLEY: Five feet on the side. 22 COMMISSIONER STRANGE: I understand. Okay. 22 COMMISSIONER HOLT: NO, this group of 23 Any other questions of staff? Dr. Noble. 23 people -- 24 COMMISSIONER NOBLE: I just want to repeat 24 MR. LOCKLEY: That's right. 25 that and make sw-e Irm understanding. The reason why we 25 COMMISSIONER HOLT: And five feet on the PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 105 - Page 108 CondenseIt 1M Page 109 1 side? 1 2 MR, LOCKLEY: on the side, yes. 2 3 COMMISSIONER HOLT: IS that regulation what 3 4 we do for home building in Denton? That sounds awfully 4 5 large on a very small lot. Are we -- do we just not have 5 6 any like that in town? 6 7 MR. LOCKLEY: Right. It's the uniqueness 7 8 of whaf s being proposed that's causing some of these 8 9 requirements that are not specifically addressed by the 9 10 Denton Development Code to allow for development such as 10 11 this, that we're applying this overlay district to. 11 12 COMMISSIONER HOLT; Do we have any 12 13 examples of what a -~ basically a 400 and 4,800 square 13 14 foot building or a building with patios would look like on 14 15 a 5,000 square foot lot. That's what you would have. 15 16 That seems huge. I mean, you could even have the building 16 17 that big. 17 18 lVIR. LOCKLEY: Yes. There t s just a minimum 18 19 home size. There is no maximum home size. I guess I 19 20 would see if the applicant u if the applicant will want 20 21 to go ahead and address that fiuther. 21 22 COMMISSIONER STRANGE~ wetll do that when 22 23 we get to the public hearing. Along that line, would you 23 24 clarify for me the one above that that says a minimum 24 25 5,000 square foot lot and lot sizes less than 1.5 times 25 Page 110 1 the size of the building footprint. And youfve got a 25 1 2 foot minimum square foot footprints. What -- wbat does 2 3 that mean? 3 4 MR. LOCKLEY~ well, the minimum 5,000 4 5 square foot lots is per the plat. Those lots that you see 5 6 there would be a minimum of 5,000 square foot in size. 6 7 COMMISSIONER STRANGE: what's that next 7 8 part mean? 8 9 rwR. LOCKLEY: And lot sizes less than one 9 10 and a half times the size of the building footprint. So 10 11 that would dictate that on -- if he would have had a lot 11 12 that was, say~ 6~OOO, 7~OOO square feet, say, at a comer 12 13 or somewhere, I don r t see by way of example on there. But 13 14 if he were to have a lot that was, say, 6,000 square feet 14 15 -- I'ill sorry, wanted to build a home somewhere in that 15 16 size, then the lot -- it would have to be on a lot that 16 17 is -- 17 18 COMMISSIONER STRANGE: SO if you had a 18 19 4,000 foot house, you f d have to have a 6,000 foot lot? 19 20 MR. LOCKLEY: Right. 20 21 COMMISSIONER STRANGE: If you wanted a 21 22 5,000 foot house, you'd have to have the 7,500 foot lot. 22 23 Why does it say lot sizes less .than -- what does that 23 24 mean? 24 25 MR. LOCKLEY: Maybe we can just clarify 25 PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 111 that~ yeah~ because the verbiage -- COMMISSIONER STRANGE: It doesn't mean if it f s going to be less than. MR. LOCKLEY: But as long as it meets the minimum home size -- COMMISSIONER STRANGE: well, like I say, I don't understand that sentence. Is the person here that 'Wrote that so we'll know what it means. MR. MCCRACKEN: I can answer that. COMMISSIONER STRANGE~ Well, it's not your turn to speak yet. MR- MCCRA.CKEN; oh, I thought you were asking. 1'm sorry. COMMISSIONER STRANGE: No, we're still at staff level. We haven't opened the public hearing. MR. LOCKLEY: NO, what if we said that the building footprint -- Ilnean, I'm just rephrasing the second half of that sentence, that the building footprint could not exceed one and a half -- we said the building footprint could not exceed one and a half -- we just reverse it. COMMISSIONER ROY: The lot size must be at least one and a half times the building. MR- LOCKLEY: Right. COMMISSIONER STRA.NGE: with a minimum of Page] 12 5,000 feet. COMMISSIONER ROY: The lot size must be -- COMMISSIONER STRANGE: somewhere that conflicts -- COMMISSIONER ROY: -- but no less than 5,000 feet. COMMISSIONER STRANGE~ Yeah. Itls not -- the way that it's written it t S not a clear thing. So we! 11 rewrite that? MR LOCKLEY: Yes. COMMISSIONER STRANGE: okay. Any other questions of staff! If not we will open the public hearing. And is the applicant here and do they wish to speak? Now, it's your turn. MR. MCCRACKEN: paul McCracken with Carter and Burgess, 7950 Ehn Brook in Dallas. I want to jump right to that very last conunent because I think: there is some confusion. The intent -- I believe the existing Code requires that the lot be one and a half times the house area. Thaes not what we're proposing. We're basically asking that that restriction be removed completely so the only lot size criteria would be the 5,000 square foot lninimum. I t is indeed a product, it t S a unique product, itfs a unique product to Denton, but it1s called a garden home in many other cOllUllunities. Page 109 - Page 112 Condenselt TM Page 113 Page 115 1 And it is a -- a lot of house on a small 1 change later, because he can't develop single family units 2 lot and itrg a lifestyle niche product for those who 2 on ten acres. But, again, that's not the intent. If s 3 essentially dontt want a yard to maintain. The large 3 the game plan~ the strategy to basically pull this if the 4 house square footage, a lot of it is coming from the 4 Council decides to deny the ADP. 5 second floor. So the .. the building footprints that we 5 And to the setbacks and trees that were 6 had examples of earlier, PH pull those out in a moment, 6 talked about in the ADP. If two different zoning 7 but you have a ten -foot minimum front that's 500 square 7 districts ~ if you will, the ADP and this, if it can r t be 8 feet. You have five foot side minimums, 500 each, and you 8 interpreted that the most restrictive of the two apply 9 have a 20-foot rear, which is 200, so therer s 1,700 feet 9 then we're -- we're completely agreeable to amending the 10 of that 5,000 square foot lot that cannot have a house on 10 overlay district proposal to include that 20-foot rear 11 it. So if s not 4,500 square feet of the 5,000 because 11 setback instead of the ten that is in there now. .And if 12 not half but nearly half of that is coming from the second 12 -- and to add the -- the tree in the back yard. Thafs 13 floor of the house. So that's actua11iving area, not 13 not a problem. So whichever way the City thinks is the 14 footprint size. So that may clarify, you know, the 14 right way to handle it, werre open to. Maybe it's both. 15 question of how does all of that fit on there. 15 Maybe werre double covered. Wet II make those changes here 16 Certainly it does. Again, if s not a 16 and you've got the ADP that covers it separately. 17 unique product. If s just maybe unique to Denton. All of 17 I think I covered all of the questions I 18 the exceptions to the Code that werre asking for are 18 heard. I just wanted to make sure that having the 1.5 19 required to permit this type of product to be built in 19 ratio lot size to house sizes is not what we're proposing 20 Denton, because currently the Code prohibits it. It 20 and it would -- it would wreck the plan, so to speak, the 21 couldn't happen. 21 proposal. It would essentially cause us to have lots 22 Most of them are more technical or 22 larger than we desire for those houses. Any other 23 engineering related. I think staff's supportive of it. 23 questions 1'11 be happy to entertain. 24 The big key ones~ I think, that aren't necessarily 24 COMMISSIONER STRANGE: Any other questions 25 technical, but more subjective is that the overlay 25 of the applicant? Is there anyone else who wishes to -- Page 114 Page 116 1 district allows for the gated community. Generally 1 we've got to open the public hearing now. So is there 2 speaking, the technical requirements that werre seeking 2 anyone else who wishes to speak on this item? Do we have 3 waivers for allow that larger house on the smaller lot, 3 any cards on this item? 4 but that -- that's essentially what's going on here. To 4 MR. LOCKLEY: we have no cards on this. 5 the earlier conversations of why are we talking about this 5 COMMISSIONER STRANGE: We have -- oh, do we 6 in light of the status of the previous Agenda item, 6 have a card? Might as well have one. Let me just have 7 essentially if the developer does not pull this item 7 that. That's what I wanted to make sure -- we had some 8 following a Council denial of the ADP, P & z as a body, 8 cards, so let's look quickly and see. 9 not individually but as a body who elected not to approve 9 MR. MCCRACKEN: And one other important 10 this tonight would have their cake and. eat it, too. You 10 clarification, this overlay district is not plan specific 11 would have essentially removed the apartment zoning and 11 so approving this overlay district does not approve the 12 you would have preserved the 50 percent tree. And the 12 plan. It only approves the ingredients that are part of 13 only thing that you have approved here would be these 13 that plan. But it would approve a plan with those 14 smalllots, large houses, the architectural enhancements 14 ingredients confined to only ten acres essentially. So I 15 that have been added on ten acres. 15 wanted to make that clarification, Yau t re not approving 16 The developer doesn't want that to happen. 16 that plan which obviously doesn't match the ADP lack of 17 . So that kind of is the safety valve so to speak to keep an 17 approval. 18 undevelopable piece of property from being created. So 18 COMMISSIONER STRANGE: sorry~ Wefve got to 19 essentially this is -- will only be proposed by the 19 get our cards in order here. Okay. We do have -- we do 20 developer at Council if they approve the ADP ~ 20 have one person who wisbes to speak in support. Chad Kan. 21 So I think that there 1 s not a risk to P & Z 21 Okay. We do have two people who are in support but do not 22 to approving this tonight, because again, it would be kind 22 wish to speak, and thatts Joel Blixt and Brad Powell. 23 of a cake and eat it~ too. Your only risk would be that 23 Those that we have that wish to speak against this item 24 the developer was -- did not pull this item and you've 24 are David Radabaugh followed by Ronald James. 25 essentially created something that he1s going to be ask to 25 MR. RADABAUGH: David Radabaugh, 2821 PLANNING AND .ZONING MINUTES APRIL 26, 2006 Page 113 - Page 116 Condenselt TM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 117 Hereford Road. I would just like to make an aesthetic 1 point in addition to the points I made earlier today and a 2 few weeks ago. And it is an aesthetic point and I would 3 just ask Shelton Development to take this into 4 consideration. As we grow we must promote architecture 5 that is sensitive and responsive to our history, culture 6 and environment. TIris is Texas. A large~ faux 7 Mediterranean~ faux French Country, faux two to three inch 8 structure on a small lot is an inappropriate joke in a 9 vibrant home town with all due respect to Mr. Kent Key. 10 We have our own unique architectural 11 history and culture that reflects the accomplishments of 12 Native Americans~ Latinos and Anglo Pioneers. We endure 13 brutal summers with cloudles s skies and temperatures that 14 regularly 100 degrees. It's April and Dallas has already 15 experienced ruling blackouts. 16 A structure featuring vast rarely used 17 space is wastefuL A structure without intelligent site 18 planning including mature shade trees is inefficient. A 19 structure that does not make use of our abundant solar 20 energy assets is short-sided. We must build in a manner 21 that is appropriate for North Texas., This debate is about 22 more than trees. This debate is a bout more than houses or 23 apartments. This debate is also about the quality and 24 character that we choose to define for our home town. 25 .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 118 COMMISSIONER STRANGE: .Mr. Ronald James. 1 MR. JAMES~ Thank you. My name again is 2 Ronald James. I reside at 3605 Paint Drive in Denton, of 3 course. I assume that staff has consulted with the fire 4 department regarding this dense of housing and the lack of 5 access to the back. Y QU know, in big cities, yon see 6 dense housing all of the time. In Saint Louis, for 7 instance, where I was raised, we have rows and rows of 8 houses, all of them have access to the rear with alleys. 9 All of them have fire access so that the fire departments 10 can respond. So if one burns, how lnany more burn in this 11 kind of development? It is a very important consideration 12 from a health safety standpoint. 13 The other thing I would like to mention 14 slightly off the subject, but as I look at this map, it 15 seems that 12 lots in this development have led you-all to 16 this dilemma~ The unimaginative design of 12 lots has put 1 7 you here. Thank you. 18 COMMISSIONER STR1\NGE: carolyn Berry. 19 MS. BERRY: My name is Carolyn Berry and I 20 live at 3625 Paint Drive. It's one of those back houses 21 and as you can tell from the size of the lots, we will 22 have two of their lots overlooking ours. And as stated 23 earlier, the second floor will have the larger of the 24 square footage, which means that more of their houses is 25 PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 119 going to be able to see in our backyards. So it's kind of taking over our privacy. . I don't want to repeat all of the issues from before, but Councilman Watkins (SIC) you said you were a visual person, I'm five foot eight. If they only allow for a five-foot span between the houses, that means that I couldn rt in between those houses. So thank you. COMMISSIONER STRANGE~ Lari Gibbons. MS. GIBBONS: I am Lari Gibbons and I rill from 2821 Hereford Road~ Along with Ronald James, I am also one of the -- I have been in the neighborhood for a fairly long period of time. r ve been there since 2002, so I was also one of the, not original, but I've been there for a while. And when I lTIOVed in, Sundown Ranch was supposed to be an upscale development bordered by groves of mature trees as I pointed earlier and was promised to me in writing. But the last phase of the development, which incidentally runs right directly behind my home includes some of the smallest homes in our neighborhood because at that point in time thatrs what would sell. But yet the proposed -- r m sorry the proposed prices of these particular homes are comparable to the higher priced homes in our neighborhood. "Where these homes start is where our homes leave off. And I think the fact that our Page 120 neighborhood was finished off using less expensive prices is very telling about what we'll sell in Denton. And I think there's a reason why we have no successful examples of comparable developments thus far in the City of Denton. At this time thafs all rd like to say. I would say that I wish we had had a compromise this evening. 1've been attending these meetings since February and I still don t t feel that we have one. So thanks for your time. COMMISSIONER STRANGE: Thank you. 1\ndrew Hall. Mr. Hall is not here. Marla Carrico. MS. CARRICO: MY name is Marla Carrico~ 3621 Paint Drive. I am one of the homes that backs up to the proposed development area. I am a realtor and I do have an opinion. I don't represent anybody when I express my opinion. It's just from my own experiences. I really do not see a market for this type of product. I have a concern that no research has been presented. A few people have presented their opinions. But all of the opinions I have heard presented are people who stand to profit from the development. And that is of a concern to me because I can r t think of anything more disappointing than having the trees leveled, this development started and then it flounders and fails. Then we have no trees and we have an unsuccessful development. Pilld I think that would be a .Page 117 - Page 120 Condenselt 1M Page 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 real shame~ I do understand that he would have the 1 high-end development in order to attract some high-end 2 retail. And I think that is probably a worthwhile 3 pursuit, but I do think that his plan could be revisited 4 and not to have the ultra-type~ ultra-small home that I 5 have never had anybody ask me for, only the opposite~ I 6 have recently sold, have pending a property from a 7 Snowbird family, they're going to come part of the year, 8 not live there part of the year. They wanted a large home 9 and a large lot and trees and that's been my experience. 10 Thank you. 11 COMMISSIONER STRANGE: christine Sanders. 12 MS. ~ANDERS: christine Sanders, 3617 Paint 13 Drive and r m sorry I just made a bunch of random notes, 14 so bear with me. I just wanted to make some things heard. 15 Currently, the zoning does not restrict the 16 de\lelopment of single family. It is zoned -- I guess I 17 can r t really point at anything because I didn t t bring my 18 map up, but itts zoned NR-2~ which is two houses per acre 19 around the perimeter. And the NRMU~12 still allows single 20 family as well as mu1ti~family. It would also allow, you 21 know, some really high -end condominium -type things. And 22 when I look at those home plans, I think if you're going 23 to leave very little space around th~ you might as well 24 push them together and make them a condominium because you 25 1 2 3 .~ 5 .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .24 25 Page 122 could push three of them together and leave more space 1 around the edges. With the current plan, there is a 2 25,000 (SIC) square foot home on a 5,000 square foot lot. 3 I live on approximately 7,500 square feet lot and have a 4 2,700 square foot home and my backyard is approximately 64 5 feet deep of cleared land and Pill thinking if -- if you 6 approve this the way it is without the write-ins and the 7 changes, there is never going to be any kind of buffer, 8 not even a single tree will survive with that small, a 10 9 to 12 foot back yard, which is what is currently written 10 for you to approve or disapprove of. 11 The overlay as it is with the ADP approved, 12 the overlay as it is could still be denied and they could 13 still build homes~ but they're trying to make it an issue 14 of they can t t They can, but like my neighbor said, they 15 would just have to build less. They can build 50 on it 16 just the way it is. And they asked to build 118, but 1 7 there's only 112 on the map. And to me, that says there's 18 room for change once they clear it. Thank you. 19 COMMISSIONER STR1\NGE: Thank you for your 20 conunents. Mona 'White. 21 MS. WHITE: I am Mona White, 3609 Paint 22 Drive. I also had a concern about the research and what 23 kind of -- have they looked at the demographics besides 24 just visiting with Mr. Key about whether or not this would 25 PLANNING AND ZONING MINUfES APRIL 26, 2006 Page 123 sell. Also, I had a concern about empty-nesters buying a two-story house. A lot of times youfre looking at retirement. Maybe you might have health issues. Me you going to want a two-story house? Will that sell? And again, what happens if it doesntt sell? And then to speak to these people dourt want yards. I would think that if you are able to afford a half a million dollar home, you can afford yard care. You might enjoy to have a nice yard. Thank you. COMMISSIONER STRANGE~ Josh White. MR WHITE: MY name is Josh White. I live at 3609 Paint. I just noticed -- you know, I talked a bout compromise earlier. I can see a compromise right now where he could buffer and all he has to do is remove seven houses. If you just remove seven houses because they're 50 foot wide. You move those seven houses, you can move the back lot up 50 feet and would set up some type of buffer. And bet d only have 105 houses instead of 112. I'm concerned about the~ going along with this, because what happens if they switch the order -- you know, when it goes before City Council, what happens if they switch it, and all of a sudden City Council says well~ they kind of approved this, well, what -- we much go ahead and approve the other t\.vo~ So I'm concerned about Page 124 the order it's presented before City Council. And then I talked to Mr. Shelton the other day about, you know, Pete Camp with City Council told me to talk to him, so the other day after our meeting, he and I visited about maybe having a 30-foot buffer on the back row of houses. He said he was going to visit with Mr. Key about that and I asked him if there was any way that we as, you know~ neighbors could work with him to have him push it back 30 feet, just in those back rows. But if you remove seven houses, we could still go along and still have our 50 foot buffer . And I also want you to take notice of the people who are here. Everybody that was in support of Mr. Shelton are gone. But everybody -- all the people, we are very adamant about this, we're here and we want to work this. Thank you very much. COMMISSIONER STRANGE: Henry Woodward. Woodwardts not here. Curtis Berry. MR BERRY: curtis Berry, 3625 Paint Drive. All of our houses that we built on Paint Drive were built to a certain standard by building codes and I think it would be very fair if the other houses had to go by the same codes that we went by with the lot size being what it is for the house. That t s just seems like the fair decision that needs to be made here. ThereTs -- again, Page 121 - Page 124 Condenselt 1M Page 125 Page 127 1 . we're asking for changes to make this work because itrs 1 Gone. Do we have any more cards? Does anybody else wish 2 just not going to work W1less a bunch of things are 2 to speak on this item? One more card. Jennifer 3 changed. I would just like to see similar lot sizes, 3 Nicholson, ob, you do not wish to speak. You're just 4 similar houses on this new development and that would go a 4 voicing your opposition. Okay. Is there anyone else who 5 long ways to making everybody happy on our part of the 5 wishes to speak? Does the applicant wish to rebut? 6 development. Thank you. 6 MR MCCRA.CKEN: Yes, just briefly just to 7 COMMISSIONER STRANGE: Thank you for your 7 clarify some items~ answer some questions, some 8 comments. Jay Houser. 8 inaccuracies. One is I just wanted to make sure~ I think 9 MR. HOUSER: council, it's an honor to 9 everyone on the P & Z understands but just wanted the 10 speak with you. Jay Houser, 3501 Paint My house backs 10 audience to understand that this particular item, the 11 up to the beautiful trees. I bought my house in March of 11 approval of this particular item does nothing to remove 12 2005 with a promise from Bowen Homes and Chad Kan who 12 trees; absolutely nothing. Only the previous item does. 13 remarkably against me as a homeowner now. But I've been 13 So approving this item to at least allow the setup of its 14 in the medical industry almost 20 years, been in home 14 approval at Council should Council agree with the ADP has 15 health, elderly payment, high-end retirees are 15 no impact on tree removal. 16 uncomfortable with two-story homes. I dontt understand 16 The side yard setbacks are five feet, but 17 the logic there, until I went to the meeting, was it last 17 that's on each lot, so the spacing between the houses is 18 Wednesday, and rmjust a small town country boy, but I 18 ten feet. To put that in perspective, I believe the 19 was promised that these beautiful trees would stay. To 19 houses in Unicorn lake, I mean, rm sorry Sundown Ranch 20 me, this is a money issue. Mr. Shelton, I have nothing 20 have seven-foot side yard setbacks. So theyfre 14 feet 21 against. r m sure he is a fine person. I don t t know him. 21 apart. So werre reducing that by four feet -- five feet 22 Although~ I'll be living five houses down from him, which 22 is not unusual. Five feet is a very connnon setback widely 23 is a little uncomfortable, but the real issues is he paid 23 used. It is a ten foot building separation. 24 $9D~OOO.OO for the acreage behind my house or our houses, 24 Again, the 20-foot rear yard, changing the 25 so he has to maximize the potential for those, that 25 overlay district to 20-foot rear yards is not a problem, Page 126 Page 128 1 acreage. That was disclosed last Wednesday night. 1 so we would agree to that. The 118 homes referenced in 2 So thaf s what this really is and is my 2 the overlay district, we have no objection to reducing 3 understanding that he said. So ItlTI asking you as a 3 that to 112. N at that it's germane, but just to clarify 4 Council to protect the citizens who do not want this. 4 the property price was $90,000.00 per acre, not $90,000.00 5 They were promised that this would remain green bel~ who 5 total. And I think that clarifies the things I heard. 6 we paid -- we paid a premiwn price for the lots that wetre 6 I'd be happy to further address anyone's concerns or 7 living on back on Paint Drive. And it's my understanding 7 questions or comments but just wanted to clarify those 8 there's not been a promise made of what these houses are 8 points. Thank you. 9 really going to cost or really going to be and, you know, 9 COMMISSIONER STRANGE: MrS. Holt. 10 those trees back there are so beautiful. 11'.s part of a 10 COMMISSIONER HOLT: Yes, I had a question. 11 natural forest and you know, I can walk out in my back 11 COMMISSIONER STRA.NGE~ we have one question 12 yard and see the birds and the sun rising over them in the 12 for you, sir, two questions, three questions. 13 moming. And I would just hate that y' all would take that 13 COMMISSIONER HOLT: Had you thought of 14 away from me to -- to build something that -- it's my 14 removing those 12 homes? 15 understanding that the housing market is pretty flooded 15 MR. MCCRACKEN~ Yes, it's a financial 16 right now. 16 consideration that just by removing those lots doesn l t 17 So r m just asking you to protect us as 17 reduce the cost. Literally~ those are w_ the $750,000.00 18 citizens who do not want this, whotve taken time away from 18 bridge to cross the creek to get to this site frOlTI the 19 our children, paid baby-sitters, gone to extreme measures 19 east is the same. The road adjacent to it t s the same. 20 to conununicate by e-mail extensively and 1'm just asking 20 The property price doesnft change. Most -- 90 plus 21 you to do the right thing. Tearing down the trees will 21 percent of the development cost on that tract, 95 plus do 22 also add a lot of water underneath our foundations which 22 not go away by removing those marginal lots. So in 23 could do damage, which is something you might think 23 essence, one may call them seven lots, the developer1 the 24 about. Thank you very much. 24 property owner, the businessmen calls them seven 25 COMMISSIONER STRANGE~ Jenifer Larson-Hall. 25 $500,000.00 bills laying on the ground. PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 125 - Page 128 Condenselt 1M Page 129 Page 131 1 So it's not seven lots. It's three and a 1 conunon way to handle that is the knox boxes where all of 2 balf million dollar hit to the financial model. Good, bad 2 the emergency services have access to the gate codes. 3 or indifferent, we're not asking fOf1 you know, any kind 3 They have access to keys there. So emergency services are 4 of economic consideration, we're just explaining why it's 4 accounted for. In fact, most multi -family conimunities, 5 not just that easy. 5 many of them are gated. Far more of them are gated than 6 COMMISSIONER HOLT: well, I certainly 6 single family. So there you have perhaps 12 to 25 units 7 understand that, but I ~lso see this is a huge development 7 per acre that are behind a gate. 8 and 12 lots out of that is not a lot of lots. And 8 But it does work. Itrs certainly an 9 considering what the citizens have gone through, the 9 important consideration but there's a system in place to 10 Planning and Zoning has gone through~ and what they would 10 handle that. 11 be taking out of there, those beautiful trees, which rm 11 COMMISSIONER WATKINS: All right. Thank 12 sure these people would enjoy, these other 100 and some 12 you so much. 13 odd people. 13 COMMISSIONER STRA.NGE: .Ally other questions? 14 lv1R MCCRACKEN~ certainly, it's your 14 Dr. Noble. 15 decision. W er re only asking and we just want to be as 15 COMMISSIONER NOBLE: Thank you~ lli. 16 forthright as possible in what we're asking and werre not 16 Chairman. This question; I think is more for staff. 17 making judgments on those that oppose. Werre just simply 17 Looking at the public notification map, on Page 8, it 18 explaining if the question's asked why can't you just do 18 looks look this site, the dimensions of this site, I guess 19 that; all we can do is, you know~ answer the question, but 19 the case that we're more questioning is the homes that 20 we appreciate any consideration. 20 would abut this development in Sundown Ranch, well, my 21 COMMISSIONER HOLT: Thank you. 21 question is, part of this extends over into -- is that 22 COMMISSIONER STRA.NGE~ Mr. Watkins. 22 W indriver? Is that development W indriver? I see the 23 COMMISSIONER WATKINS: Thank you, Mr. 23 street says Win driver. 24 Chairman. To your knowledge, how many gated conununities 24 rvtR. LOCKLEY: Yes, to the north of Sundown. 25 are inside the City limits of Denton. 25 COMMISSIONER NOBLE: IS that still Sundown Page 130 Page 132 1 MR. MCCRACKEN: I don r t confess to know of 1 Ranch or no? 2 any other than perhaps some apartment complexes -- there's 2 MR. LOCKLEY: NO, I believe Sundown Ranch 3 one -- Mr. Shelton says theret s one. 3 is this subdivision that the northern boundary is 4 COMMISSIONER WATKINS: Therefs one down on 4 Clubhouse. 5 Lillian Miller, but I didn t t know if that was the only one 5 COMMISSIONER NOBLE: Right. 6 or not. 6 MR. LOCKLEY: On that side and then thaf s 7 MR. MCCRACKEN: yeah, I -- 7 actually n 8 COMMISSIONER WATKINS: okay. The second 8 COMMISSIONER NOBLE: okay. So what about 9 question, private streets is an interesting concept. I 9 the -. is that north, what development is that north of 10 donrt think werve had that before, have we? 10 that clubhouse and there's a space and then there's homes 11 MR. MCCRACKEN~ well, if you have a gated 11 there that -- looks there are also homes that would abut 12 community likely you do because any time acces s is gated 12 that property, too, is that Windriver? 13 to the community then those taxpayers at large canft be 13 MR. LOCKLEY: I believe so. The homes that 14 burdened with maintenance of those streets. So anytime 14 abut that property within 200 and 500 feet of this subject 15 you have a gated community, it's automatically has to be 15 property would be notified as part of the requirement with 16 private streets so that the burden of the maintenance 16 the code. But the areas outside of that would not. 17 falls on that Homeowners Association only. You can't tell 17 MS. SHELTON: May I add something, we 18 taxpayers to pay for those streets, and then turn around 18 over-notified on this. The actual roning should have only 19 and tell them they canft drive on them, so -- 19 been notified for that southern portion. 20 COMMISSIONER W A TKlNS: well, I understand 20 COMMISSIONER NOBLE: I see. 21 that, but you also have a firetruck and an ambulance and 21 MS. SHELTON: And originally we got 22 you can't deny access to it? 22 overzealous. 23 MR. MCCRACKEN: NO, the way that's handled 23 COMMISSIONER NOBLE: okay. What yourre 24 and certainly gated commW1ities aren r t unique. They are 24 saying is that, would that -- so what rm looking at, that 25 all over the country and the metroplex included and the 25 is north of Sundown Ranch~ that's -- is that what you just PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 129 - Page 132 Con den selt TM Page 133 Page 135 1 called -- I If not~ we will close the public hearing. Do we have any 2 MS. SHELTON: Correct. I think on the 2 motion or any discussion on this item? Well, that's 3 first time this was presented to P & Z, we actually -- and 3 pretty unusual that we don ft have anybody that will do 4 I don f t believe I have it here with me today, but we 4 that, so I think I will step fOlWard and I would make a 5 showed the correct outline of the rezoning area and the 5 motion that we approve Item 5B to allow for rezoning 6 200 and 500 foot buffer around that location. 6 approximately 47 acres and that may be confusing to some 7 COMMISSIONER NOBLE: okay. Well, that 7 of you since I voted against the other motion and to the 8 clarifies because I was wondering -- I dourt know if we 8 Sheltons I am not opposed to what you're trying to do -- 9 bad any folks that were representative from Windriver here 9 1'ill kind of opposed to how you did it. And you've had a 10 tonight, do we? 10 . lot of advice as to whether you give up seven lots or 12 11 MS. SHELTON: I dourt believe so. 11 lots or whatever, my magic number is eight, by the way, 12 COMMISSIONER NOBLE~ okay. 12 that I think in the tone of compromise, perhaps, that 13 COMMISSIONER STRANGE: AnY comments or any 13 could have been reached and we would not have had the 14 other questions? rvIr. Roy. 14 lengthy discussion that we had on the other item. 15 COMMISSIONER ROY: Lori; could you put up 15 I've been on your end of the spectrum and 16 the map from the previous case and lef s be absolutely 16 know what seven or eight lots are worth, but I also know 17 sure we have this very area pinpointed. 17 what being a part of a conununity for 30 or 40 years is 18 MS. SHELTON: which map? 18 worth. And sOlnetimes there are those tradeoffs. So r m 19 COMMISSIONER ROY: That will do. Point it 19 not opposed to what you're wanting to do. I was simply 20 exactly where that property is. .This is in the NR-2 area? 20 opposed to how you were wanting to do it and I think this 21 MS. SHELTON: The property-- 21 motion will signify that so r d like to see if there is a 22 MR. MCCRACKEN: Technically ~ the shaded 22 way that Council might also look at whether or not there 23 area is the overlay district, but practically speaking the 23 can be some other compromise so that everybody walks out a 24 only developable portion of that area is the subject tract 24 winner. So that's my motion. Do we have a second? 25 and the little pie-shaped piece on the other side of 25 COMMISSIONER WATKINS: second. Page 134 Page 136 1 Clubhouse Drive extension right here and then the 1 COMMISSIONER STRANGE: okay. We have a 2 residential plain you've been looking at lays in here. 2 motion by the Chairman, a second by Mr. Watkins. Mr. Roy. 3 All of the rest of the of this area technical! y is part of 3 COMMISSIONER ROY~ I generally agree with 4 the zoning area that' s being reclassified, but practically 4 this idea to go ahead and approve this overlay district 5 it's floodplain and lake and nondevelopable if that 5 because Council is going to make the decision a bout the 6 answers the question. But that's the subject tract for 6 ADP. And if Council chooses to approve the ADP then 7 the -- 7 theret s no logic to this body preventing the progress of 8 COMMISSIONER ROY: And that little triangle 8 the project. 9 piece, you're proposing that to be office buildings? 9 If Council chooses not to approve it, then 10 MR. MCCRACKEN: It's -- in the overlay 10 the conunitment is is that this overlay matter will not go 11 district, it's office or single family which I believe is 11 to Council. So I dontt see any reason to hamstring 12 what it is current! y. That's it's current zoning. So 12 Councilfs action, whatever they choose to do. I do want 13 it's not really being changed. 13 to clarify in the motion that and I believe it was your 14 COMMISSIONER ROY: And the current wning 14 intent that the motion include the items in the ADP that 15 on, below the -- right there, what t s the current zoning of 15 were offered, such as the 20-foot rear yard setback and I 16 that is -- 16 canft remember the others but those -- I understand the 17 MR~ MCCRA.CKEN: That is -- this line here 17 applicant agrees that the overlay district could include 18 -- this line right here, this is all NR-2, existing 18 those. 19 zoning. This is all NRIvnJ -12 multi -f ami 1 Y zoning. And 19 COMMISSIONER STRA.NGE~ well, I don r t think 20 then this is office or NRMU -12. This is office or 20 I would say that that would be necessary in my motion 21 multi -family. So the overlay district eliminates or 21 because -- well, yeah~ I guess it would be. If the 22 removes any mu1ti-family from either side, takes it away 22 Council goes forward 'With it as is, yes, it would need to 23 completely. That's part of the overlay district. 23 include the 20-foot setback and one tree in the back yard, 24 COMMISSIONER ROY: Okay. Thank you. 24 yes, so rn amend my own motion. Mr. Watkins, will you 25 COMMISSIONER STRANGE: Any other questions? 25 second that. PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 133 - Page 136 Condenselt TM Page 137 Page 139 1 COMMISSIONER WATKINS: Yes. 1 2 COMMISSIONER STRANGE: SO the motion would 2 3 include the amendments that were in the letter. 3 4 COMMISSIONER GUZMAN-RAMON: I believe one 4 5 of the other -- I can t t even think, it's so late -- one of 5 6 the other corrections that Mr. McCracken had was 6 7 concerning the minimum 5,000 square foot lots. And I 7 8 think that might be part of your motion, also. That's 8 9 another correction that needs to be made, I believe. 9 10 COMMlSSIONER STRANGE~ well, I believe 10 11 staff is going to cleanup that language which should 11 12 clarify that. 12 13 COMMISSIONER GUZMAN-RAMON~ okay. 13 14 COMMISSIONER STRANGE: That 5,000 foot 14 15 item. Any other discussion? We have a motion and we have 15 16 a second. 16 17 COMMISSIONER ROY: Excuse me. Was there -- 17 18 I can f t find quickly in my file, I asked staff were there 18 19 other things that should be highlighted in our minutes or 19 20 in the motion besides the 20-foot setback and the tree in 20 21 the back yard? I can't find that list 21 22 COMMISSIONER STRANGE~ well, we have that 22 23 list -- it's here. It's attached -- it's not in your 23 24 book. Itt s in the handout we got and there were three 24 25 items there and then there was a fourth one added. The 25 Page 138 Page 140 1 three included the 20-foot setback, one tree in each back 1 2 yard. The dedication of the ten acres which I don't think 2 3 we can make a condition of this zoning, nor the 3 4 conservation district, I don't believe we would have those 4 5 as a part of this. So we would select out the two that 5 6 would relate to the zoning. 6 7 COMMISSIONER ROY: okay. Thank you. 7 8 COMMISSIONER STRANGE: Any other 8 9 discussion? Please vote. And the vote passes 6-0. 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 PLANNING AND ZONING MINUTES APRIL 26, 2006 Page 137 - Page 140 The ordinance for this item will be provided to you at the City Council meeting. AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Parks and Recreation Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2006 Action Planfor Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. BACKGROUND On an annual basis, the City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD). The Action Plan serves as the City's application for the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. In 2005, using a process with input from citizens and local non-profit organizations, staff developed Denton's 2005 - 2009 Consolidated Plan for Housing and Community Development. The Consolidated Plan is a five-year strategy detailing proposed housing, social service and public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2006 Action Plan represents the second year in the City's five-year strategy. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2005. Application availability was advertised from November through December. Staff held application workshops in December and January. CDAC and HSAC reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations to present to City Council. Staff has developed the 2006 Action Plan using these recommendations. Administration activities are also included in the Action Plan. A public hearing on the 2006 Action Plan was held on April 18, 2006. Several individuals commented on the proposed activities. A summary of comments from the public hearing and other comments received during the required 30-day comment period are included on page 42 of the 2006 Action Plan. ESTIMATED PROJECT SCHEDULE Action Plan approval Submission of Action Plan to HUD HUD release of funds & program initiation May 16, 2006 June 15,2006 August 1, 2006 PRIOR ACTION/REVIEW (Councils.. Boards.. Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing and infrastructure and social service facility funding. CDAC recommended $1,261,650 in funding for various projects. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the 2006 Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC allocated $133,566 in CDBG funding to various programs. Each committee presented these recommendations to City Council at the work session on April 18, 2006. FISCAL INFORMATION All projects and programs approved under the 2006 Action Plan are funded through the CDBG or HOME programs. No general fund dollars are included in the proposed Action Plan activities. Some general fund dollars are used for human services program administration. EXHIBITS 1. Resolution 2. 2006 Action Plan for Housing and Community Development Respectfully submitted: _.' Janet Fitzgerald Director of Parks and Recreation Prepared by: Barbara Ross Community Development Administrator S:\Our Documents\Resolutions\06\2006 Action Plan Resolution.doc RESOLUTION NO. A RE.SOLUTION . OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN. AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2006 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE. CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE~ WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable, living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, .has a special concern. for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2006-year .entitlement funds, program income. and reallocated funds in the approximate amount of$1,645,424; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the. City .of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2006 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended.. SECTION 2. The City Council of the City of Denton, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Action Plan and the certifications. SECTION 3. The City. Secretary is hereby authorized to furnish copies of this resolution to all interested parties~ Exhibit 1 SECTION 4.. This resolution shall become effective immediately upon its passage and approval.. PASSED AND APPROVED this the ~ day .of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ SNYD CITY ATTORNEY BY: , 2006 EULINE BROCK., MAYOR av o/Denlon DRAFT Action PI6RP' Nous., 6Ri COHIHINRi(p DevelopHlenl 200d' PFoK'6HI Feg, Housing Public Improvements Park Facilities Human Services Prepared for the u.s. Dept. of Housing and Urban Development Presentation to Denton City Council on April 18, 2006 www.citvofdenton.com ALJA/EOE/ALJEA Exhibit 2 TABLE OF CONTENTS A. Summary of Action Plan 1. Introduction................................................................................................................. .1 2. Funding Summary ........................................................................................................1 3. Local Match..................................................................................................................l 4. Citizen Participation.....................................................................................................2 5 . Am en dm en t .................................................................................................................. 2 B. Funding Sources 1. Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 2. SF -4 24 A pp Ii cati on ...................................................................................................... 4 C. Projects/Activities 1. Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 2. CPD Listing ofCDBG and HOME Proposed Projects ................................................7 3. Other Resources Available........................................................................................ .18 D. CP Strategies and Proposed Projects 1. Housing Strategies..................................................................................................... .19 2 . Continuum of Care Strategies .................................................................................... 20 3 . Lead-Based Paint Strategies...................................................................................... .23 4. Human Services Strategies........................................................................................ .23 5. Infrastructure & Public Facilities Strategies.............................................................. .25 6. Demolition Strategies................................................................................................ .26 7 . Anti-Poverty & Economic Development Strategies.................................................. .26 E. Proposed Project Map..................................................................................................... .27 F. Other Program Requirements 1 . HOME - Form s 0 f In v e s tm e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 2. HOME - Tenant-Based Rental Assistance................................................................ .28 3. Monitoring Standards and Procedures...................................................................... .29 4. Public Housing Improvements................................................................................... 30 5. Public Housing Resident Initiatives...........................................................................3 0 6. Instituti onal Structure ................................................................................................. 30 G. Certifications.................................................................................................................. ..32 H. Minutes 1. Public Hearings on December 5, 2005 .......................................................................39 2. Public Hearing on December 8, 2005.........................................................................40 3. Public Hearing on April 18, 2006.............................................................................. .42 4. 30-day Comment Period............................................................................................ .43 SUMMARY INTRODUCTION This document serves as the City of Denton's 2006 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the u.s. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2006 Program year to address Denton's strategies stated in the 2(J(J5-2(J(/9 Consolidllted Plllnftr .u-ousing Ilnd Communi(J! .Development. The following five-year strategies were identified in 2005 year and are reaffirmed this year: . Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; . Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; . Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; . Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. . Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; . Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant and HOME Investment Partnership Programs. The City of Denton's 2006 CDBG allocation is $890,440 and the HOME allocation is $546,196. A total of $110,000 in program income is projected for the 2006 Program year for both CDBG and HOME grants. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 4 and 5, respectively. LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Denton's local match for the HOME program is $130,378.75. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of Denton will provide the match from a variety of sources including the following: Page 1 1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. 2. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2006 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 5th and 8th. The December 5th public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2006 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Development Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the u.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2006 Action Plan process, a public hearing will be scheduled on April 18, 2006 during a City Council Meeting to give citizens the opportunity to comment on the 2006 proposed projects and activities. See page 39 for minutes of the public hearing. AMENDMENT The City of Denton is also amending the 2003 and 2004 Action Plans for Housing and Community Development to reallocate $98,788 from cancelled projects. In 2003, CDBG funds were allocated to the Crawford Sidewalks ($60,000) and the Fannin Repave ($28,788); however, other non-federal funds were used to carry out the projects. In 2004, $10,000 in CDBG funds was allocated to the Rental Rehabilitation Program. Additional funding is available to this program allowing the reallocation of these funds. These amendments would allow $98,788 in 2003 and 2004 CDBG funds be reallocated to the Home Improvement Programs, an existing program. Page 2 The City of Denton's 2005 Consolidated Plan for Housing and Community Development is hereby amended to include the Section 108 Loan Guarantee Program as a potential source of funding to meet the City's strategy to, "encourage and assist low and moderate-income homeowners to maintain their units up to current Ci(y if Denton code standards." If an application is submitted and funding is awarded under the Section 1 08 Loan Guarantee Program, funds would be used to supplement HOME, CDBG and other funding sources used for the City's Home Improvement Program (HIP). This program meets the national objective of benefiting low and moderate-income persons. Section 108 funding in the approximate amount of $650,000 could be requested for HIP. CDBG Loan repayment revenue from the Home Improvement Program is a potential source of funding to repay the debt. CDBG program income expected from HIP is approximately $51,000 per year. 2006 FUNDING SOURCES Entitlement Grant (Includes Reallocated Funds) CDBG ESG HOME HOPW A Total $890,440 $0 $546,196 $0 $1,436,636 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPW A $0 Total $0 Reprogrammed Prior Years' Funds (See Amendment Section) CDBG $98,788 ESG $0 HOME $0 HOPW A $0 Total Total Estimated Program Income CDBG Loan Repayments HOME Loan Repayments Total $98,788 $65,000 $45,000 $110,000 Section 108 Loan Guarantee Fund $0 Total Funding Sources $1,645,424 Page 3 SF 424 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date Submitted ~pplicant Identifier June 15, 2006 756000514 Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier D Construction D Construction D Non Construction D Non Construction Applicant Information Jurisdiction CITY OF DENTON UOG Code Street Address Line 1 101 S. LOCUST, STE. 500 Organizational DUNS 07 -138-0190 Street Address Line 2 Organizational Unit City DENTON State TEXAS Department PARKS & RECREATION DEPT. ZIP 76201 Country U.S.A. Division COMMUNITY DEVELOPMENT Employer Identification Number (EIN): Co u nty DENTON 75-6000514 Program Year Start Date (MM/DD) 08/01/06 Applicant Type: Specify Other Type if necessary: Local Government: Township Specify Other Type U.S~ Department of Program Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles: Description of Areas Affected by CDBG Project(s) Housing rehabilitation, minor repair, sewer projects, public Denton, Texas facility improvements, provision of public services, homeownership assistance, program administration. CDBG Grant Amount ~dditional HUD Grant(s) Leveraged IDescribe $890,440 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $65,000 Total Funds Leveraged for CDBG-based Project(s) Page 4 Home Investment Partnerships Program 14.239 HOME HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s) CHDO for acquisition, rehab and homeownership Denton, Texas assistance, and program administration $HOME Grant Amount FAdditional HUD Grant(s) Leveraged Describe $546,196 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $45,000 Total Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount I$Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount FAdditional HUD Grant(s) Leveraged IDescribe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Congressional Districts of: Is application subject to review by state Executive Applicant Districts 26 I Project Districts 26 Order 12372 Process? Is the applicant delinquent on any federal debt? If DYes This application was made available to the "Yes" please include an additional document state EO 12372 process for review on DATE explaining the situation. D No Program is not covered by EO 12372 DYes I xO No xD N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 383-2445 eMail bross@citvofdenton.com Grantee Website - www.citvofdenton.com Other Contact Signature of Authorized Representative - Howard Martin, City Manager Date Signed Page 5 2006 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2006 is $1,645,424 (includes $98,788 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 7 to 17 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: CDBG HOME Page # Project Name Funds Funds 7 AIDS Services of North Texas $8,500 $0 8 CASA of Denton County $5,766 $0 8 CDBG Administration $191,088 $0 9 DAHC - Affordable Housing Opportunity Program $0 $140,000 9 Day Stay For Adults $4,300 $0 10 Denton Christian Preschool $22,000 $0 10 Denton County Friends of the Family $23,000 $0 11 Family Health Care, Inc. $23,000 $0 11 Fred Moore Day School Renovation Project $195,000 $0 12 HOME Administration $0 $59,120 12 Home Improvement Program $144,109 $392,076 13 Homebuyer Assistance Program $45,000 $0 13 HOPE, Inc. $20,000 $0 14 Minor Repair Program $101,700 $0 14 MLK Center Kitchen Renovation Project $48,765 $0 15 PARD - King's Kids Day Kamp Program $5,000 $0 15 PARD - Owsley Summer Program $5,000 $0 16 Skinner S1. Sewer Replacement Project $65,000 $0 16 SPAN, Inc. $17,000 $0 17 Wilson Street Sewer Replacement Project $130,000 $0 Total Funding Allocated to Projects $1,054,228 $591,196 Funding Available $1,054,228 $591,196 Unprogrammed Funds $0 $0 Page 6 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2006 program year with CDBG and HOME funds: AIDS SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and medical care for non-HIV related infections and chronic diseases. Program carried out by AIDS Services of North Texas. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: Eligibility: 570.208(a)(2) Low/Mod Limited Clientele IZI Suitable Living Environment D Decent Housing Priority Need: Non-Homeless Special Needs D Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes: Number of persons assisted with improved access to IZI A vailability/ Accessibility a service - 70 persons D Affordability Project Goals: 70 People D Sustainability Primary Purpose: D Homeless IZI HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $8,500 Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0 Start Date 10/1/2006 Other $0 Completion Date 9/30/2007 Total $0 Page 7 CASA OF DENTON COUNTY Provision of advocacy services in the judicial system for abused children who have been removed from their home. The agency helps to ensure the child is placed in a safe home. Program carried out by CASA of Denton County. HUD Matrix Code: 05N Abuse and Neglected Children Objectives: Eligibility: 570.208(a)(2) Low/Mod Limited Clientele IZI Suitable Living Environment D Decent Housing Priority Need: Public Services D Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Specific Outcomes: Number of persons assisted with improved access to IZI A vailability/ Accessibility a service - 130 persons D Affordability Project Goals: 130 People D Sustainability Primary Purpose: D Homeless IZI HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $5,766 Location: 614 N. Bell Ave. Denton Texas 76207 HOME $0 Start Date 10/1/2006 Other $0 Completion Date 9/30/2007 Total $0 CDBG ADMINSTRATION CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. Funding includes $10,400 in CDBG Program Income. The program will be carried out by the City's Community Development Division. Funding includes $13,000 in proposed CDBG program income. HUD Matrix Code: 21A General Program Administration 570.206 Objectives: Eligibility: 570.208(a)(2) Low/Mod Limited Clientele D Suitable Living Environment D Decent Housing Priority Need: Planning & Administration D Creating Economic Specific Objective: N/A Opportunities Outcomes: Specific Outcomes: N/A D A vailability/ Accessibility D Affordability Project Goals: N/A D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $191,008 Location: Community Wide HOME $0 Start Date 08/01/06 Other $0 Completion Date 07/31/07 Total $0 Page 8 DAHC - AFFORDABLE HOUSING CORP Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation 92.205 (a) Objectives: Eligibility: N/A D Suitable Living Environment IZI Decent Housing Priority Need: Housing D Creating Economic Increase the availability of affordable owner Opportunities Specific Objective: housing. Outcomes: Specific Outcomes Number of affordable units - 20 IZI A vailability/ Accessibility Indicators: Numbers brought to standard condition - 20 D Affordability Project Goals: 20 housing units D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: CHDO 92.2 CDBG $0 Location: Community Wide HOME $140,000 Start Date 08/01/06 Other $0 Completion Date 07/31/07 Total $0 DAY STAY FOR ADULTS Provision of day activity programming and health services to functionally impaired adults. Funds will be used to subsidize daycare costs not covered by Medicaid reimbursement. Program will be carried out by Day Stay for Adults. HUD Matrix Code: 05B Handicapped Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele IZI Suitable Living Environment Priority Need: Non-homeless special needs D Decent Housing D Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: Indicators: a service -24 persons IZI A vailability/ Accessibility D Affordability Project Goals: 24 People D Sustainability Primary Purpose: D Homeless D HIV/AIDS IZI Disabled Funding: Subrecipient: Private 570.500( c) CDBG $4,300 Location: 2109 University Dr., Denton Texas 76201 HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 Page 9 DENTON CHRISTIAN PRESCHOOL Provision of childcare services for low income children between the ages of 3 years and 5 years. Funds will be utilized pay for teacher's salaries. The program carried out by the Denton Christian Preschool. HUD Matrix Code: 05L Child Care Services 570.201(e) Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Objectives: IZI Suitable Living Environment Priority Need: Public Services D Decent Housing D Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: IZI A vailability/ Accessibility Indicators: a service - 62 persons D Affordability Project Goals: 62 People D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $22,000 Location: 1114 West University Drive, Denton, Texas HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 DENTON COUNTY FRIENDS OF THE FAMILY Provision of childcare services for low income children between the ages of 3 years and 5 years. Funds will be utilized pay for teacher's salaries. The program carried out by the Denton Christian Preschool. HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele IZI Suitable Living Environment D Decent Housing Priority Need: Public Services D Creating Economic ()nn()rtllnltlP<;:. Specific Objective: Provide emergency services for homeless persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to IZI A vailability/ Accessibility Indicators: a service - 1583 persons D Affordability Project Goals: 1583 People D Sustainability Primary Purpose: IZI Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $23,000 Location: Confidential HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 Page 1 0 F AMIL Y HEALTH CARE Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 (e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele IZI Suitable Living Environment Priority Need: Public Services D Decent Housing Improve the services for low/moderate income D Creating Economic Specific Objective: persons. Opportunities Specific Outcomes Number of persons assisted with improved access to Outcomes: IZI A vailability/ Accessibility Indicators: a service - 83 persons D Affordability Project Goals: 83 People D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $23,000 Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 FRED MOORE DAY SCHOOL RENOVATION PROJECT Funds will be used to support a portion of the site improvements and could include adding an additional infant classroom and an additional toddler classroom. Also, plans are to relocate the office to the front of the building and build a gymnasium and parking lot. Project will be carried out by the City's Community Development Division and Fred Moore Day School. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele IZI Suitable Living Environment Priority Need: Public Facilities D Decent Housing Improve the services for low/moderate income D Creating Economic Specific Objective: persons. Opportunities Specific Outcomes Number of persons assisted with new access to a Outcomes: D A vailability/ Accessibility Indicators: facility - 110 persons IZI Affordability Project Goals: 110 People D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $195,000 Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0 Start Date 08/01/06 Other $0 Completion Date 07/31/07 Total $0 Page 11 HOME ADMINSTRA TION HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Division. Funding includes $4,500 in HOME Program Income. HUD Matrix Code: 21H HOME Admin/Planning Costs ofP1 (subject to Objectives: 10%) 92.207 (a) D Suitable Living Environment Eligibility: N/A D Decent Housing Priority Need: Planning & Administration D Creating Economic N/A Opportunities Specific Objective: Specific Outcomes Outcomes: N/A D A vailability/ Accessibility Indicators: D Affordability Project Goals: N/A D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $ Location: Community Wide HOME $59,120 Start Date 08/01/06 Other $0 Completion Date 07/31/07 Total $0 HOME IMPROVEMENT PROGRAM Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding includes CDBG ($52,000) and HOME ($40,500) Program Income. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 CDBG / 92.205 (a) HOME Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing D Suitable Living Environment IZI Decent Housing Priority Need: Owner-occupied Housing D Creating Economic Opportunities Specific Objective: Improve the quality of owner housing. Outcomes: Specific Outcomes Number of units brought from substandard to D A vailability/ Accessibility Indicators: standard condition - 7 housing units IZI Affordability Project Goals: 7 housing units D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: CHDO 92.2 CDBG $144,109 Location: Local Government HOME $392,076 Start Date Community Wide Other $0 Completion Date 08/01/06 - 07/31/07 Total $0 Page 12 HOMEBUYER ASSISTANCE PROGRAM HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Community Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing D Suitable Living Environment IZI Decent Housing Priority Need: Owner-occupied Housing D Creating Economic Increase the availability of affordable owner Opportunities Specific Objective: n()ll'l.ln0- Number of first-time homebuyers - 30 households Outcomes: Specific Outcomes Number receiving down-payment assistance/closing D A vailability/ Accessibility Indicators: costs - 30 households IZI Affordability Project Goals: 30 Households D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: CHDO 92.2 CDBG $45,000 Location: Local Government HOME $0 Start Date Community Wide Other $0 Completion Date 08/01/06 - 07/31/07 Total $0 HOPE, INC. Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele IZI Suitable Living Environment Priority Need: Public Services D Decent Housing D Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: IZI A vailability/ Accessibility Indicators: a serVIce 45 persons D Affordability Project Goals: 45 People D Sustainability Primary Purpose: IZI Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $20,000 Location: Community Wide HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 Page 13 MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 CDBG / 92.205 (a) HOME Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing D Suitable Living Environment IZI Decent Housing Priority Need: Owner-occupied Housing D Creating Economic Opportunities Specific Objective: Improve the quality of owner housing. Outcomes: Specific Outcomes Number of units brought from substandard to IZI A vailability/ Accessibility Indicators: standard condition - 45 housing units D Affordability Project Goals: 45 housing units D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $101,700 Location: Community Wide HOME $0 Start Date 08/01/06 Other $0 Completion Date 07/31/07 Total $0 MLK CENTER KITCHEN RENOV ATION PROJECT Project consists of remodeling the MLK kitchen, including cabinetry replacement, new sinks and appliances. The remodel would bring the kitchen up to commercial code and allow greater use by facility users. Project will be carried out by the City's Community Development Division and the Parks and Recreation Department. HUD Matrix Code: 03F Parks, Recreational Facilities 570.201 (c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area IZI Suitable Living Environment Priority Need: Public Facilities D Decent Housing D Creating Economic Specific Objective: Improve quality/increase quantity of public facilities Opportunities for low income persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: D A vailability/ Accessibility Indicators: a facility - 2192 people. IZI Affordability Project Goals: 1 Public Facility D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $48,765 Location: 1300 Wilson St., Denton; CT 212 BG 2; L/M 72.70% HOME $0 Start Date 08/01/06 Other $0 Completion Date 07/31/07 Total $0 Page 14 PARD - KING'S KIDS DAY KAMP PROGRAM Provision of a summer playground targeted to youth in Southeast Denton. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Objectives: IZI Suitable Living Environment Priority Need: Public Services D Decent Housing D Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: IZI A vailability/ Accessibility Indicators: a serVIce 12 persons D Affordability Project Goals: 12 people D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $5,000 Location: 1300 Wilson St., Denton Texas HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 PARD - OWSLEY SUMMER PROGRAM Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele IZI Suitable Living Environment D Decent Housing Priority Need: Public Services D Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities np,r<;:.()n<;:. Specific Outcomes Number of persons assisted with improved access to Outcomes: IZI A vailability/ Accessibility Indicators: a serVIce 12 persons D Affordability Project Goals: 12 people D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $5,000 Location: 2535 Charlotte St., Denton Texas HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 Page 15 SKINNER ST. SEWER REPLACEMENT PROJECT Replacement of existing 6" sewer line on Skinner Street with a new 8" from Prairie to the drainage channel. The new line would be constructed and placed in the street. Project will be carried out by the City's Engineering Department. HUD Matrix Code: 03J Waster/Sewer Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(I) - Low/Mod Area IZI Suitable Living Environment Priority Need: Infrastructure D Decent Housing D Creating Economic Specific Objective: Improve quality/increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: to meet a measurable improved quality - 2192 IZI A vailability/ Accessibility Indicators: people D Affordability Project Goals: 2192 people D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $65,000 Location: CT 21200 BG 2 -72.72% LM HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program carried out by SPAN. HUD Matrix Code: 05A Senior Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele IZI Suitable Living Environment Priority Need: Non-housing special needs D Decent Housing D Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Specific Outcomes Number of persons assisted with improved access to Outcomes: IZI A vailability/ Accessibility Indicators: a serVIce 450 persons D Affordability Project Goals: 450 people D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Private 570.500( c) CDBG $17,000 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 Page 16 WILSON ST. SEWER REPLACEMENT PROJECT Replacement of existing 6" sewer line on Wilson Street with a new 8" line from Bushey to Newton. The new line would be constructed and placed in the street. Project will be carried out by the City's Engineering Department. HUD Matrix Code: 03J Waster/Sewer Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area IZI Suitable Living Environment Priority Need: Infrastructure D Decent Housing D Creating Economic Specific Objective: Improve quality/increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activity was used Outcomes: to meet a measurable improved quality - 2192 IZI A vailability/ Accessibility Indicators: people D Affordability Project Goals: 2192 people D Sustainability Primary Purpose: D Homeless D HIV/AIDS D Disabled Funding: Subrecipient: Local Government CDBG $130,000 Location: CT 21200 BG 2 -72.72% LM HOME $0 Start Date 1 % 1/06 Other $0 Completion Date 09/30/07 Total $0 Page 1 7 OTHER RESOURCES AVAILABLE Also, during the 2006 Program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund do liars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2006. The committee also recommended that $2,500 from last year's General Fund recommendation for Sickle Cell Disease Association be reallocated to Denton Christian Preschool. A contract for 2005-06 General Fund was not executed with Sickle Cell Disease Association. Category / Agency General Funds Aging Services RSVP - 475 people $8,000 Emergency Services Community Food Center - 17,000 people $3,000 Denton County HMIS - N/ A $18,000 Day Care /After School Care Denton City County Day School- 85 people $25,000 Fred Moore Day Nursery - 150 people $27,000 Owsley Comm. School - After School - 80 people $8,000 Child/Family Services CASA - 477 people $1,234 Children's Advocacy Center - 300 people $7,000 Denton Family Resource Center - 4,500 people $4,000 Total $101,234 Page 18 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2006 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2005-09 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan l-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Encourage and support the An addition of 100 Provide support for low-income housing development of small affordable units in mixed tax credit and bond proposals for mixed-income rental income developments development. developments in accessible would assist in meeting this areas. outcome measure. Encourage self-sufficiency Rental assistance and other Work with and provide funding when among households that forms of public assistance appropriate to support transitional housing currently receive rental to approximately 25 and self-sufficiency programs administered subsidies and other forms households by Denton Housing Authority, HOPE, Inc of public support. and Cumberland Presbyterian Children's Home. Encourage and support the Rehabilitation Continue to support effort in the City's Rental rehabilitation of Approximately 25 units. Rehabilitation Program with residual funds. substandard units. Encourage and assist low- Approximately 250 renters Funding City's Homebuyer Assistance income renters to become will be assisted. Program, DAHC's Affordable Housing homeowners. Opportunity Program for 50 households. Support of the following programs: DAHC's Infill New Construction Program and Nevada Court Project, Denton Housing Authority's Family Self Sufficiency Program and Habitat for Humanity. Target programs and F our newsletters per year Continuation of TBRA Program with residual information to minorities will be sent out. Additional funds. Disseminate program information in and the elderly. information will appear on Spanish and English to organizations cable channel. serving these groups. OWNER-OCCUPIED HOUSING STRATEGIES Educate homeowners Information will be 7 households will be provided successful regarding home provided to 20-25 homeowner education. maintenance and households budgeting for major and minor repairs and safe cleaning practices. Page 19 5-yr Consolidated Plan Strategy Assist low and moderate- income households with minor housing repairs and weatherization. Encourage and assist low and moderate-income homeowners to maintain their units up to current City of Denton code standards. 5-yr Consolidated Plan Outcome Measures l-yr Action Plan Proposed Activities Provide minor repairs to Funding of the Minor Repair Program for 45 approximately 120 very low households. to moderate-income homeowners. Assistance to 25 to 35 households. Funding of the Home Improvement Program for 7 households. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate homebuyers regarding home buying process and household budgeting. Encourage and assist low and moderate income renters to become homeowners. Support production of affordable units. Information will be provided to 150 prospective homebuyers. Approximately 150 renters will be assisted. Construction of an estimated 75 new units. Support of Fannie Mae and HUD approved homeowner-ship workshops by local agencies and lenders Funding of Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program for a total of 50 households. Support ofDAHC and City's Infill New Construction Program and DAHC and Habitat for Humanity's New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS Provide assistance for low- 1) income households to secure and sustain safe, decent affordable housing Support at least three educational classes concerning securing and maintaining a home. 2) Support 250 individual! family units of services to secure and maintain housing including prevention of foreclosure and eviction a year Page 20 1 a) Support and refer persons to local business and agency's' First Time Homebuyer classes and Credit Counseling Classes 1 b) Provide funding to HOPE, Inc in support of programs including Housing Counseling ~a) Provide administrative support and funds including any Emergency Shelter Grant Program or Emergency Food and Shelter Program Awards to HOPE, Inc and The Salvation Army for homelessness prevention assistance. ~b) Continue to support the Tenant Based Rental Assistance from HOME funds to the Elderly and Disabled to maintain independent living and to prevent homelessness. 5-yr Consolidated Plan 5-yr Consolidated Plan l-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - OUTREACH AND ASSESSMENT Improve community 1) Support at least five 1) Provide funds to the Denton County assessment of needs and homeless service Homeless Management Information System services available agencies participating in to enroll and support homeless service the HMIS in three years. agencIes. 2) Complete implementation ~a) Complete first phase of Denton County of the Denton County HMIS project Implementation including HMIS project in three contracts with software provider and for years. HMIS technical services support. 3) Support a county-wide ~b) Assist Denton County HMIS Project coordinated Discharge management to complete HMIS policies Policy and Plan to End and procedures. Chronic Homelessness in 3) Assist the Denton County Homeless two years Coalition organize a taskforce to create and implement a plan to in Chronic Homelessness including a coordinated discharge policy. CONTINUUM OF CARE - EMERGENCY SHELTER Meet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County shelter and basic health, emergency shelter nights Friends of the Family Safe Shelter. food, clothing, and of stay a year. 2a) Assist The Salvation Army, and Denton personal hygiene needs of 2) Assist local agencies to County Friends of the Family to apply for the homeless and victims apply for at least three Emergency Shelter Grant Program Funds of domestic violence. grants to provide 2b) Assist Denton County MHMR to apply for supportive services to all Supportive Housing Program and/or homeless, victims of Shelter Plus Care Funds. domestic violence, 2c) Assist AIDS Services of North Texas homeless families or apply for Supportive Housing Program homeless youth. Funds. Page 21 5-yr Consolidated Plan 5-yr Consolidated Plan l-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - TRANSITIONAL HOUSING Meet the transitional 1) Support at least 100 1 a) Support the Salvation Army's transitional housing and supportive individuals/ families shelter program. service needs of the provided with transitional 1 b) Provide funds to HOPE, Inc to support a homeless and victims of housing a year. transitional housing program for an domestic violence in 2) Assist local agencies to estimated 45 persons. preparation for a move to apply for at least two 2a) Provide local agencies with information on permanent or permanent grants to provide grant opportunities for funds to support supportive housing. additional transitional transitional housing and supportive housing and supportive serVIces. servIces 2b) Provide documentation for and assist with 3) Support the increase use the completion of applications to request of transitional housing Emergency Shelter Grant Funds and and! or supportive Supportive Housing Program funds for services to prepare transitional housing and supportive services individuals for permanent 3) Attend Ten Year Plan to End Homelessness housing in the Ten Year meetings and provide information on the Plan to End importance and need for transitional Homelessness. housing and/or supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING Provide homeless and 1) Assist agencies to apply la) Assist AIDS Services of North Texas and victims of domestic for at least two grants to Denton County MHMR apply for violence with permanent provide permanent Supportive Housing Program funds for or permanent supportive supportive housing with permanent supportive housing program housing. an emphasis on chronic projects. homeless and persons 1 b) Provide local agencies with information on with a severe mental grant opportunities for funds to support illness and/ or HIV transitional housing and supportive positive status. serVIces. 2) Assist at least two 2a) Participate in the Affordable Housing community partnerships/ Coalition and the Denton County Homeless collaborative efforts to Coalition. provide additional 2b) Provide funding to support programs of permanent housing HOPE, Inc, Denton County Friends of the opportunities to the Family, and Denton Affordable Housing homeless and victims of Corporation who have a collaborative effort domestic violence to move victims of domestic violence from emergency shelter to Transitional housing in preparation for stable, sustainable permanent housing. Page 22 5-yr Consolidated Plan Strategy Educate homeowners, rent property owners/managers and contractors regarding disclosure, the history of lead-based paint, its hazards to children and how to use safe work practices when disturbing paint in older housing. Reduce Lead-Based Paint Hazards in owner and renter-occupied residential units as needed. Meet the basic food needs of the homeless and low- Income 5-yr Consolidated Plan Outcome Measures l-yr Action Plan Proposed Activities LEAD-BASED PAINT STRATEGIES 30 households and 50-75 contractors and property managers received field guides for painting, home maintenance and renovation work instructions. 20 owners, managers or contractors receive individual safe work practice video training for the five-year period Average of 40 units will receive lead-based paint inspection, hazard control reduction work or abatement, pass inspections and, when required, meet final clearance over the five-year period. Six owners and 12 contractors or property managers will receive field guides for Lead Paint Safety painting, home maintenance and renovation work instructions. Four owners, managers or contractors receive individual safe work practice video training and lead-related regulation training. In properties built before 1978, two minor repairs, one rental rehabilitation, three owner occupied rehabilitations and three homebuyer assistance projects will be completed and receive lead-based paint reduction work, pass inspections and meet final clearance in compliance with 24 CFR 35 regarding lead- based paint during 2006. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES 1) Support at least 5,000 emergency meals and food bags a year 2) Support at least 350 meals and nutritional food bags/shops a year Page 23 1a) Provide funds to support the Community Food Center who will provide emergency food bags to an estimated 17,000 people. ~a) Provide funds to support the Nutrition Center of AIDS Services of North Texas to provide an estimated 70 persons with weekly nutritional shops. ~b ) Provide funds to support SPAN who will provide an estimated 20,000 meals to elderly. 5-yr Consolidated Plan 5-yr Consolidated Plan l-yr Action Plan Strategy Outcome Measures Proposed Activities Meet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County Friends needs of homeless and emergency shelter nights of the Family Safe Shelter. low-income persons of stay a year 2) Provide funds to HOPE, Inc to support a 2) Support at least 100 transitional housing program for an individuals/ families estimated 45 persons. provided with transitional 3a) Provide 10 staff hours to support the Denton housing a year County Homeless Count conducted by the 3) Provide at least 100 hours Denton County Homeless Coalition of staff time in support of (DCHC). at least 3 proj ects for the 3b) Provide 60 staff hours to support the DCHC Denton County Homeless application for Continuum of Care funds. Coalition a year 3c) Provide 30 staff hours to support the DCHC 4) Support 250 individual/ application for Emergency Shelter Grant family units of case Program Funds. management and other 4) Provide support to HOPE, Inc 30-90 day services to maintain program. housing including prevention of foreclosure and eviction a year Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County Homeless environment where coalitions and/or Coalition in the effort to prevent and end families, neighborhoods, collaborative efforts for homelessness. and communities enjoy community initiatives to 1 b) Participate in the Success by Six Children's strong, supportive foster and maintain an Coalition in an effort to improve the lives of re lati onshi ps environment to promote children and their families. strong, supportive 1 c) Participate in the Denton Information relationships Network in the effort to network and 2) Support at least 250 increase collaboration between health and individuals/ family units human service agencies in the City of of childcare, after-school Denton. and summer care, ~a) Provide funds to three daycares to support parenting skills, and adult the provision of childcare to an estimated education assistance a 297 families. year ~b) Provide funds to three after school/summer care programs to support the provision of childcare to an estimated 104 families. Page 24 5-yr Consolidated Plan 5-yr Consolidated Plan l-yr Action Plan Strategy Outcome Measures Proposed Activities (Continuation from 3) Support at least 200 units 3a) Provide support to Denton County Friends previous strategy) of domestic violence and of the Family for the provision of domestic sexual assault direct violence and sexual assault victim services Foster and maintain an serVIces over a year including counseling. environment where 4) Support at least 100 units 3b) Provide support to Children's Advocacy families, neighborhoods, of domestic violence and Center for Denton County to provide sexual and communities enjoy sexual assault prevention abuse/assault services to children and non- strong, supportive education and training a offending families members. re lati onshi ps year ~) Provide support to Denton County Friends of the Family for the provision of community education and offender classes to prevent domestic violence and sexual assault. City residents have access 1) Support at least 75 units 1) Provide support the Family Health Care and to health care to be as of health care services a Peoples Clinic for primary health care and physically and mentally fit year pre-natal services to at least 83 persons. as possible 2) Participate in at least 2 ~a) Participate in the 100% Geriatric Services in coalitions/ collaborative Denton County Workgroup in the effort to efforts to improve enrich and improve the lives of the elderly. availability of health care ~b) Participate in the Denton County Federation especially for low- of the Families effort to support and income persons, elderly, promote advocacy skills in families with and people with children with sever emotional, behavioral, disabilities and mental health needs. 3) Support at least 25 units of mental health care serVIces INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and Paving and repaving Not applicable this year. repaving, installation of proj ects will support 700 curb and gutter. people. Installation of new Sidewalk projects will Not applicable this year. sidewalks and replacement support 235 people. sidewalks. Installation of water and Water and sewer projects Funding of Skinner St. and Wilson St. Sewer sewer lines. Connection of will support 120 people. Replacement Project for a total of 2192 people. residential units to serVIces. Installation of drainage 10-15 properties will be Not applicable this year. improvements including affected by drainage improvements that will improvements. remove residential properties from floodplain. Page 25 5-yr Consolidated Plan 5-yr Consolidated Plan l-yr Action Plan Strategy Outcome Measures Proposed Activities Rehabilitation and Improvement to at least 2 Not applicable this year. expansion of public public service facilities. services facilities. Improve and/or expand Improvements to least 2 Not applicable this year. park facilities including park facilities. open space, playground and other recreational facilities. DEMOLITION STRATEGIES Continue to demolish To demolish 25 structures Continued support for the Demolition Program substandard buildings to during the five-year period. with residual funds. improvement the appearance and safety of neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and Provide economic Provide non-federal incentives to organizations expand training and opportunity by supporting to create jobs. Work with job training employment activities activities that create jobs. organizations to promote training in specific targeted to poverty and areas of need. very low-income households. Expand educational Provide counseling and Provide funding to transitional housing opportunities for those education services to 25-35 providers. Request that information on seeking transitional transitional housing clients. educational opportunities be provided to housing or other housing clients. support services. Encourage support of Over the five-year period Monitor federally funded projects and work Section 3 goals by local 25+ individuals hired for with contractors to ensure that Section 3 contractors. projects by private requirements are fulfilled. contractors. Encourage start-up and Provide loan assistance to Continuation of the City's Small Business expansion of micro/cottage 25 micro businesses over Loan Program with residual funds to provide industries supporting very the five-year period. two to three loans during the program year. low-income households. Page 26 2006 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts 2006 Proiects and Activities 1. AIDS Services of North Texas 2. CASA of Denton County 3. Day Stay for Adults 4. Denton Christian Preschool 5. Family Health Care 6. Fred Moore Day School Improvements Communitv- Wide Activities CDBG and HOME Administration Denton Affordable Housing Corp. - AHOP Home Improvement Program Homebuyer Assistance Program Minority Concentration by Census Tracts o - 250;0 +250;0 - 300;0 +310;0 - 400;0 +41 0;0 - 500;0 +500;0 - 1 000;0 Source: U.S. 2000 Census 7. King's Kids Day Kamp / MLK Rec. Ctr. Kitchen Renovations/Wilson S1. Sewer Replacement 8. Owsley Summer Playground Program 9. Skinner S1. Sewer Replacement Minor Repair Program HOPE, Inc. Services Program for Aging Needs, Inc Page 27 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, the borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in S92.205(b) by the City of Denton. HOME PROGRAM - TENANT BASED RENT AL ASSISTANCE The City of Denton's Tenant-Based Rental Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. The following statistics about elderly or the need for rental assistance are stated in the 2005 Consolidated Plan.JOr Housing and Communi(y Development.. 1. 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. 2. Waiting lists for Section 8 subsidies or subsidized housing units has 1476 very low-income households. 3. 37% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. 4. 54.8% of elderly renter households report housing problems. 5. 31 % of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. Page 28 Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independent, are needed as a supplement to the housing assistance. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable rental housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of Denton's Consolidated Plan and will serve to expand the supply of affordable, decent, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and projects. Page 29 PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. If funding is available, staff will participate in the North Texas Housing Coalition that includes larger metroplex communities such as Dallas and Fort Worth. Form coalitions and collaborative relationships with NTHC members and other area communities where appropriate. 2. Need for more effective coordination between emergency assistance agencies. Assist with the development of the Homeless Management Information System including administration of the second year of a three-year Supportive Housing Program grant received from US Department of Housing and Urban Development (RUD). 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Community Development housing staff will provide one-on-one training for local contractors to assist them in becoming familiar with safe lead procedures. Staff will also inform interested contractors if training on lead hazard control and safe work practices is available in the area. Expend additional Lead Hazard Control Grant funds recently awarded in a partnership with the City ofFt. Worth. Use area contractors for work funded through this grant ifpossible. 4. Lack of shelter facilities for families and youth. Page 30 Work with Denton County Homeless Coalition to develop and support additional shelter facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness. Some additional emergency shelter facilities or alternative housing programs should be available in Denton County within the ten-year plan period. 5. Need for service coordination and referral services that go beyond activities ofHMIS, including application intake, referral and coordinated case management. Participate in an interdisciplinary initiative by the University of North Texas to create a countywide information and referral network for community housing, health, and human services. The City would participate ifUNT leads this effort. 6. Lack of coordination of home buyer/homeowner educational services needed to provide a higher level of information. Work with local agencies, lenders, realtors and universities to create a unified vision for homeownership/homeowner workshops that will provide beneficial information so that homeowners and homebuyer will be successful homeowners in the near future. Page 3 1 LOCAL GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 1 04( d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about- a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number( s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 32 Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPW A funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official I Howard Martin Name I City Manager Title I 215 E. McKinney Street Address I Denton Texas 76201 City/State/Zip I (940) 349-8307 Telephone Number Date Page 33 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 4. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 5. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during pr02ram vear( s) 2006, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 6. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a Page 34 source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 7. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 8. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead- Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date I Howard Martin Name I City Manager Title I 215 E. McKinney Street Address I Denton Texas 76201 City/State/Zip I (940) 349-8307 Telephone Number Page 35 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR S 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in S 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date I Howard Martin Name I City Manager Title I 215 E. McKinney Street Address I Denton Texas 76201 City/State/Zip I (940) 349-8307 Telephone Number Page 36 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 9. By signing and! or submitting this application or grant agreement, the grantee is providing the certification. 10. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 11. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace( s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 12. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 13. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug- free workplace is required by 24 CFR part 21. Place Name Street City County State Zip Community Development 101 S. Locust, Denton Denton TX 76201 Division Suite 500 Page 37 14. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 V.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date I Howard Martin Name I City Manager Title I 215 E. McKinney Street Address I Denton, Texas 76201 City/State/Zip I (349) 349-8307 Telephone Number Page 38 Spanish Public Hearing Notes December 5, 2005 Martin Luther King Jr. Recreation Center Staff Present: Luisa Rodriguez-Garcia and Alma Espino Attendees: Sandra Benavides - CDAC Member Osiel Perez Heladio Perez Daniela Perez Luisa Rodriguez-Garcia opened the public hearing at 6:45 p.m. Ms. Rodriguez-Garcia introduced staff and CDAC members present and stated that the purpose of the public hearing was to receive citizen input on the use of the City's federal funds from the u.s. Department of Housing and Urban Development. She reviewed with attendees the funding sources and amounts from HUD for the 2006 program year. She also mentioned that the City of Denton receive both Community Development Block Grant and HOME Investment Partnership Grant funds. Ms. Rodriguez-Garcia reviewed eligible activities under both the CDBG and HOME programs and gave attendees information on last year's activities and accomplishments. She then asked for comments or questions. Heladio Perez stated his concern regarding dilapidated rental housing in Denton - specifically Vista Bonita Apartments on Ruddell Street. He said the apartments are unsanitary and are never cleaned prior to renting them. He also added that the sewer line has had issues for years. He asked if any programs were available to assist with this type of housing and what rights did the tenants have regarding repairs. Sandra Benavides mentioned that she also knew someone who needed this type of assistance. The Rental Rehab Program was mentioned, but is limited to 1 - 4 plex units. Owners of rental property need to apply. Complaints regarding rental housing can be forwarded to Building Inspections Department. Mr. Perez stated that there is a concern from renters regarding a backlash. Heladio Perez asked what assistance was available for illegal aliens to purchase a home. Ms. Rodriguez mentioned that the Homebuyers Assistance Program offers assistance with down payment and closing costs assistance. She explained that persons applying for assistance with the Homebuyers Assistance Program are required to obtain a mortgage loan. Anyone applying for a mortgage note without documentation is considered a higher risk by the mortgage company. This results in higher interest rates, which makes the payment unaffordable for low-income buyers. The program requires the interest rate to be the prevailing interest rate and payments to be affordable. She also mentioned that the funds are not a grant, but a deferred loan. Osiel Perez asked what kind assistance was available for small businesses. Ms. Espino stated that the City of Denton had a Small Business Loan Program that offered loans up to $10,000 for new and existing business. The loan has an interest rate of 3 %, payable over five years. An application will be provided for Mr. Perez. Page 39 Osiel and his wife Daniela Perez stated a need for sidewalks on Frame Street. The street is used quite frequently for people to miss traffic and to get from University to Mingo. The concern is that their children and other children in the neighborhood are picked up at the end of Frame Street near the railroad tracks. The children have to walk the length of the street from McKinney to Paisley to be picked up by the school bus. The problem is there are no sidewalks and children are walking the length of the street with increase in traffic and there is a potential for an accident. Ms. Espino advised them that there were some issues with Frame Street - the street is too narrow and some of the houses are built too close to the street. Also, Mr. Perez asked if there were still plans to widen the bridge, because there is not enough room for two cars. Ms. Rodriguez stated that the Engineering Department would be contacted to verify future plans for the street or sidewalks. Heladio Perez asked if there were any plans for a Hispanic recreation center. The other centers in the city are too expensive to rent for occasions and the facilities close at midnight. Ms. Rodriguez and Ms. Espino mentioned that CDBG funding was not sufficient to consider a project of that magnitude. There would have to be other funding involved and a plan to consider other costs or responsibilities for the building. Currently, the local recreation centers are available to anyone wishing to utilize the centers. Osiel Perez asked if the property on the corner of Frame and McKinney was still being considered for a possible recreation center. Heladio Perez stated that the last thing he had heard was that the property had been donated to the City and the city was planning to use it for drainage purposes. Osiel Perez asked if permission was needed to cut down a tree. Mr. Perez was advised that permission was needed and that ifhe had a tree that was a danger to his home, he could apply to the Minor Repair Program. He stated that it would be a big help, because he could not financially afford the cost. Attendees were reminded that they could continue to call in comments until April regarding the City's federally funded activities. The English public hearing on December 7th was announced. No additional comments were received so the meeting was adjourned. Page 40 Public Hearing Notes December 8, 2005 Martin Luther King Jr. Recreation Center Staff Present: Nancy Baker, Rebecca Guthrie, Barbara Ross Attendees: Julius Bershell, Don Louis, Edward Touraine - CDAC Chair Barbara Ross opened the hearing. Julius Bershell indicated that he had no specific projects to request but wanted to understand more about the City's Community Development programs. Don Louis also indicated that he was there to see how the process worked and did not have a request for funds. CD staff and committee members present explained the possible uses of the funds and the allocation process. Rebecca Guthrie from the City's Engineering Department described the street, sidewalk, sewer and drainage projects carried out by the City using CDBG funds. No other residents attended the public hearing. The public hearing was adjourned. Page 41 Action Plan Public Hearing Minutes April 18, 2006 City Council Meeting The following public comments were received at the April 18th public hearing: Debra Jones of2508 Whispering Oaks stated that Day Stay for Adults is a primary caretaker for many disabled adults including her brother. She asked the City Council to reconsider the allocation of funds to the agency and to increase them if possible. Ms. Jones noted that the program allowed many families to keep their loved ones living in their homes for a longer period of time. Bob Clifton reviewed staff salary and benefit information and stated that the $190,000 in CDBG Administration funds budgeted in the 2006 Action Plan was "a lie." He also stated concerns about other staff housed in the Wells Fargo Bank building and the amount of rent paid by Community Development. Andre Villarreal, Executive Director of Day Stay for Adults provided a comparison of the agency's cost for service compared to other care facilities. He noted that their cost was less than what would be charged at a skilled nursing facility, and assisted living facility or an adult sitter. Lillian Ewagata ofMHMR's SIERRA Program asked City Council to reconsider the allocation of funds recommended by the Human Services Advisory Committee. She stated that the funding for the SIERRA Program was not renewed and she stated that the funding was needed to continue the program. Eddie Zeamon of 810 Crosstimber stated that his mother is living in a Habitat for Humanity home. He noted that 10 of the 18 programs that had been recommended for funding by the Human Services Advisory Committee provided services for children. He added that he hoped that the funding was not used to fix damage. He spoke of the property immediately adjacent to his mother's home. He stated that they have been victims of various crimes in the area. Mr. Zeamon commented that he hoped the activities going on at 816 Crosstimber do not damage the work on the Fred Moore childcare facility. Laura Williams, executive director of Fred Moore Day Nursery School, thanked the Council and committees for their support of the agency. She noted that they had received funding both to provide services and to improve the facility. Ms. Williams described the project and the additional funding that would be available for facility improvements. Liz Stokes stated that she was her mother's guardian. She spoke in support of the services provided by Day Stay for Adults. Ms. Stokes noted that it was the only service of it's kind in the area. She would not have been able to work full time without the services provided by Day Stay for Adults. Page 42 MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2006 through May 3, 2006 No comments were received during the City of Denton's 30-day comment period on the 2006 Action Plan for Housing and Community Development. Page 43 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEPARTMENT: Legal Department CMfDCM/ ACM: Edwin M~ Snyder, City Attorney SUBJECT: Consider an ordinance amending Chapter 2, Article I of the Code of Ordinances of the City of Denton by adding Section 2-30 "Improper Disclosure of Confidential Information", providing a penalty of a fine not to exceed Five Hundred Dollars ($500.00), providing a severability clause, providing for publication, and declaring an effective date.. BACKGROUND: The proposed ordinance makes it unlawful for a city official, including a city council member or a board or commission member, or city employee to intentionally or knowingly disclose any confidential government information gained by reason of the official's or employee's position. The ordinance defines confidential government information as: (1) All information held by the city deemed confidential by law and clearly marked as confidential; (2) Any information from a meeting closed to the public pursuant to the Texas Open Meetings Act; and (3) Any information protected by attorney-client, attorney work product, or other applicable legal privilege~ The ordinance also subjects the offending employee or official to disciplinary action.. The Ethics Committee met on April 10, 2006 to discuss the proposed ordinance, and unanimously by a vote of 3 to 0 recommends approval. This ordinance was originally on the April 18, 2006 Council Agenda, but was pulled from the agenda to allow the City Attorney time to make some clarifying revisions~ Those revisions have been made to the proposed ordinance~ OPTIONS: Approve the ordinance as presented; approve with modifications, or disapprove. FISCAL INFORMATION: The ordinance has no fmancial impact~ S :\Qur Documents\Miscellaneous\06\Improper Disclosure of Infonnation A1S-2.doc S :\Our Documents\Ordinances\06\Improper Disclosure of Confidential Information-6.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING SECTION 2-30 "IMPROPER DISCLOSURE OF CONFIDENTIAL INFORMATION'; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FNE HUNDRED DOLLARS ($500.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE~ WHEREAS, the City Council Ethics Conunittee reconnnends that an ordinance be approved making it unlawful to disclose confidential government information; and WHEREAS, the City Cotulcil hereby finds that this ordinance is in the public interest; NOW, THEREFORE, THE COUNCIL.OF THE CITY OF DENTON HEREBY ORDAINS: SF.rTTON 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference~ ~FlrTTON J" Chapter 2, Article I of the Code of Ordinances of Denton, Texas is hereby amended by adding Section 2-30 to read as follows: Sec. 2-30. Improper Disclosure of Confidential Information. (a) A city official, including a city council member or a board or connnission member, or city employee shall not intentionally or lmowingly disclose any confidential govennnent information gained by reason of the official's or employee's position. (b) Confidential government information is defined as: (1) All information .held by the city deemed confidential by law and clearly marked as confidential; (2) Any information from a meeting closed to the public pursuant to the Texas Open Meetings Act; and (3) Any information protected by attorney-client, attorney work product, or other applicable legal privilege.. (c) It is an affirmative defense to prosecution or disciplinary action if the city official or city employee establishes that:. (1) The information being disclosed is no longer confidential government information; s: \Our Documents\Ordinances\06\Improper Disclosure of Confidential Information-6.doc (2) The information disclosed from a meeting closed to the public pursuant to the Texas Open Meetings Act is public information under the Texas Public fuformation Act, so long as the city official or city employee does not reveal that it was discussed in a closed meeting; (3) The disclosure of information from a meeting closed to the public pursuant to the Texas Open Meetings Act is between a city employee and/or city official, but only to the extent necessary to implement city policy or city directive; (4) The disclosure is a confidential reporting of illegal or unethical conduct to authorities designated by law; or (5) The disclosure is in furtherance of public safety, and is not otherwise prohibited by law. (d) A violation of this section is a Class C misdemeanor punishable in Municipal Court by a fine not to exceed $500~ ( e) In addition to the criminal penalty provided in (c) above: (1) An employee who violates this section is subject to disciplinary action by the city manager, up to and including dismissal. (2) A city official, including a board or commission member, but excluding a city council member, who violates this section is subject to disciplinary action by the city council, up to and including remova1~ (3) A city council member who violates this section is subject to a public reprimand by the City Council. SFJ~TTON 1 ~ If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity~ ~RrTTON 4 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby dir~cted to cause the caption of this ordinance to be published twice in the Denton Record-Clrronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.. Page 2 of3 :.. S :\Our Documents\Ordinances\06\Improper Disclosure of Confidential Infonnation-6.doc PASSED AND APPROVED this the _ day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYDER, CITY ATTORNEY BY: , 2006~ EULINE BROCK, MAYOR Page 3 of3 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEP ARTMENT: Fleet Services Fund ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2005-06 Budget and Annual Program of Services of the City of Denton for the Fleet Services Fund to allow for an adjustment of six hundred seventy five thousand dollars ($675,000) to provide for the purchase of fuel and it's associated cost, declaring an emergency; and providing an effective date. BACKGROUND Due to a very unstable fuel market, the Fleet Services Fund operating budget for fiscal year 2005-2006 needs to be amended. Fuel cost has increased $.53 per gallon over the past six months. From April 3, 2006 to April 16, 2006 there has been a $.35 per gallon increase. As a result, the Fleet Services Fund operating budget for fuel should be increased by $675,000 in order to provide fuel for City vehicles for the balance of the year. Revenues from user departments as well as the Denton County Transit Authority will offset the increased cost to the Fleet Services Fund. PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISIONS) The Audit Committee reviewed this subject at its April 19, 2006 meeting. FISCAL INFORMATION The 2005-2006 operating budget includes $1,389,000 for fuel. Fleet Services fund requests an increase of $675,000 to provide an amended budget amount of $2,064,000. Respectfully submitted by: 'r~ Jon Fortune Assistant City Manager S :\OUT Documents\Ordinances\06\Budget Amendment~fuel.DOC ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE FISCAL YEAR 2005-2006 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON FOR THE FLEET SERVICES FUND TO ALLOW FOR AN ADmSTMENT OF SIX HUNDRED SEVENTY-FNE THOUSAND DOLLARS ($675,000) TO PROVIDE FOR THE PURCHASE OF FUEL AND IT'S ASSOCIATED COSTS; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTNE DATE~ WHEREAS, pursuant to Ordinance No~ 2005-247, the City Council of the City of Dento~ Texas approved the Fiscal Year 2005-2006 Budget and Annual Program for Services (the "Budget"); and WHEREAS, due to the unstable fuel market, the Fleet Services Fund operating budget for Fiscal Year 2005-2006 needs to be amended; and WHEREAS, fuel cost has increased by $.53 per gallon over the past six months and a $~35 per gallon increase in April 2006 alone; and WHEREAS, revenues from user departments as well as the Denton County Transit Authority will offset the increased costs to the Fleet Services Fund; and WHEREAS, the 2005-2006 operating . budget for fuel is $1,389,000 and increasing this by $675,000 will provide an amended budget amount of $2,064,000; and WHEREAS, the Budget did not provide for the expenditure of $675,000 to cover the increased cost of fuel because it was nnforeseeable; and WHEREAS, it is an emergency and a matter of grave public necessity that the Budget be amended to allow for an adjustment of $675,000 for the increased cost of fuel; and WHEREAS, the Council finds that this budget amendment also serves an important municipal purpose already contemplated as an eligible item for expenditure in the current Budget, consistent with S l02~010 .of the Texas Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The findings set forth in. the above preamble to this ordinance are true and correct, and are hereby adopted. SECTION 2. The Budget is hereby amended by the City Council for the General Fund to allow for an adjustment of Six Hundred Seventy-five Thousand Dollars ($675,000) to provide for the expenditure of funds to cover the increased cost of fuel. S :\Qur Documents\Ordinances\06\Budget Amendment- fuel.DOC SECTION 3~ This Ordinance shall be filed with the City Secretary, who is directed to attach a copy of this Ordinance to the Budget and cause this Amendment to be published once in the Denton Record-Chronicle. SECTION 4. This Ordinance was approved by at least five members of the City Council, as required by Section 8~08 of the City Charter~ 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 BY: Page 2 of2 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEP ARTMENT: General Fund ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2005-06 Budget and Annual Program of Services of the City of Denton for the General Fund to allow for an adjustment of five hundred thousand dollars ($500,000) to provide for the expenditure of funds to cover the increased cost of electricity, declaring an emergency; and providing an effective date. BACKGROUND Due to the increases in the energy cost adjustment (ECA) rate and warmer than usual temperatures, the General Fund operating budget for fiscal year 2005-2006 needs to be amended. The current year's budget of $1,970,371 reflects a five percent increase over the actual amount spent in 2004-05 for electricity, and an estimated ECA rate of $.06 for the year. The current electricity estimate for this year is $2,414,096; with the summer months still to come. This General Fund operating budget increase of $500,000 for electricity will enable departments to continue to provide services without having to sacrifice other resources. Revenues from franchise fees and ROI will offset the increased cost to the General Fund. PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISIONS) The Audit Committee reviewed this subject at its April 19, 2006 meeting. FISCAL INFORMATION The 2005-2006 operating budget includes $1,970,371 for electricity. General Fund requests an increase of $500,000 to provide an amended budget amount of $2,470,371. Respectfully submitted: 'r'~ Jon Fortune Assistant City Manager S ;\Our Documents\Ordinances\06\Budget Amendment-electricity.DOC ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE FISCAL YEAR 2005-2006 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON FOR THE GENERAL FUND TO ALLOW FOR AN ADmSTMENT OF FNE HUNDRED THOUSAND DOLLARS ($500,000) TO PROVIDE FOR THE EXPENDITURE OF FUNDS TO COVER THE INCREASED COST OF ELECTRICITY; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No~ 2005-24.7, the City Council of the City of Denton, Texas approved the Fiscal Year 2005-2006 Budget and Annual Program for Services (the "Budget"); and WHEREAS, due to increases in the energy cost adjustment ("ECA") rate and wanner than usual temperatures, the General Fund operating budget for Fiscal Year 2005-2006 needs to be amended; and WHEREAS, increasing the General Fund operating budget by $500,000 for electricity will enable departments to continue to provide services without having to sacrifice other resources; and WHEREAS, revenues from franchise fees and return on investments will offset the increased cost to the General Fund; and WHEREAS, the 2005-2006 operating budget for electricity is $1,970,371 and increasing this by $500,000 will provide an amended budget amount of $2,470,371; and WHEREAS, the Budget did not provide for the expenditure of $500,000 to cover the increased cost of electricity because it was unforeseeable; and WHEREAS, it is an emergency and a matter of grave public necessity that the Budget be amended to allow for an adjustment of $500,000 for the increased cost of electricity; and WHEREAS, the COWlcil finds that this budget amendment also serves an important municipal purpose already contemplated as an eligible item for expenditure in the current Budget, consistent with 9 102~010 of the Texas Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The findings set forth in the above preamble to this ordinance are true and correct, and are hereby adopted. S :\QUT Documents\Ordinances\06\Budget Amendment-electricity.DOC SECTION 2~ The Budget is hereby amended by the City Council for the General FlUld to allow for an adjustment of Five Hundred Thousand Dollars ($500,000) to provide for the expenditure of funds to cover the increased cost of electricity. SECTION 3~ This Ordinance shall be filed with the City Secretary, who is directed to attach a copy of this Ordinance to the Budget and cause this Amendment to be published once in the Denton Record-Chronicle. SECTION 4. This Ordinance was approved by at least five members of the City Council, as required by .Section 8..08 of the City Charter. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2006~ EULINE BROCK, MAYOR ATTEST: JENNIFER .W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY A TTO Y BY: Page 2 of2 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEP ARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation to initiate the acquisition of land for transit facilities located in the Downtown area, and in the south part of the city of Denton; and providing an effective date. (Land Purchase and Related costs-$l ,400,000) BACKGROUND On March 31, 2006 the Denton County Transportation Authority (DCT A) held a technical advisory group meeting consisting of key DCT A staff, DCT A consultants and City of Denton staff to discuss planning criteria for the development of transit stations along the commuter rail corridor. An important component of the discussion was the identification of specific sites for the proposed transit stations so that the sites could be evaluated as part of the federally required environmental impact study. DCT A staff and consultants indicated that two promising sites initially identified for the south station were not considered optimal at this time due to prohibitive site development costs. To facilitate land acquisition that is compatible with DCTA planning criteria, staff recommends entering into a professional services contract with a qualified engineering and/or right-of-way acquisition firm to assist with the identification of and review suitable sites, and to assist in the development of a land acquisition schedule. These services would be a necessary part of the proposed land acquisition project as outlined in the 2005-2009 CIP Bond Package as it relates to the proposed Multimodal Station. Funds are not currently available for these services; however, the 2005-2009 CIP Bond Package did include $1.4 million in CO bonds in FY 2006 for transit facilities. The FY 2006 CO bonds have not yet been sold, therefore it will be necessary to approve an ordinance to reimburse expenditures from the unreserved fund balance of the general fund with CO bonds to legally identify funding necessary to initiate the land acquisition process. ESTIMATED SCHEDULE OF PROJECT Staff anticipates initiation of contract with outside consultants no later than June 6, 2006 and a land and acquisition schedule to be in place no later than September 1, 2006. Depending on federal requirements, land acquisition for parcels in South Denton should be initiated no later than November 1,2006. Agenda Information Sheet May 16, 2006 Page 2 FISCAL INFORMATION This ordinance will allow $1.4 million to initiate acquisition of land for transit facilities from the unreserved Fund Balance of the General Fund to be reimbursed with Certificates of Obligation. Respectfully submitted: "",. ~:;'r _ ,-- ~. . I . ~ " "~ ,1 ~ X" ~ ~ Jon Fortune, Assistant City Manager Prepared by: -nf.J ~ Mark Nelson Chief Transportation Officer S :\OUT Documents\Ordinances\06\Reimbursement- Transit Facilities2.doc ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REllvIBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION TO INITIATE THE ACQUISITION OF LAND FOR TRANSIT F ACll..,ITIES LOCATED IN THE DOWNTOWN AREA AND IN THE SOUTH P ART OF THE CITY OF DENTON; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Denton (the "Issuer") IS a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures to initiate the acquisition of land for the transit facilities which was approved in the 2005-2006 Budget and is described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1~150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; 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 29 The Issuer reasonably expects to" incur debt, as one or more series of obligations, with an aggregate maximum principal amoWlt equal to $1,400,000 for the purpose of paying the costs of the Proj ect, as set forth in the attached Attachment "A", which is made a part of this Ordinance for all purposes as if incorporated word for word herein~ SECTION" 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to ~hich such expenditures were made, is placed in service.. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. This Ordinance shall become effective immediately upon its passage and approva19 S :\Our Documents\Ordinances\06\Reimbursement- Transit Facilities2 ,doc PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEG ORM: EDWIN M~ SNYDER, CrT ATTORNEY BY: Page 2 of3 day of EULINE BROCK, MAYOR , 2006. .. ""'. S :\OUT Documents\Ordinances\06\Reimbursement- Transit Facili ties2.doc PROJECT: 2005 - 2006 ATTACHMENT A Transit Facilities Total: Page 3 of3 1,400,000 $1.400.000 AGENDA INFORMATION SHEET AGENDA DATE: May 8, 2006 CM: Utilities - Solid Waste Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider recommending approval of an ordinance of the City of Denton, Texas, to declare the intent to reimburse expenditures from the Solid Waste Rate Stabilization Reserve funds with the Solid Waste Certifications of Obligation to make capital expenditures to fund solid waste capital projects approved in the 2005-2006 Capital Improvement budget; and declaring an effective date. BACKGROUND The Solid Waste Department planned for the FY 2006 bond sale to occur in April/May 2006. The bond sale has been delayed and is planned for this summer. The bonds are planned to provide capital funding for the Solid Waste Department's FY 2006 capital projects. The 2005-06 Solid Waste CIP approved by the Public Utilities Board and City Council includes the issuance of Certificates of Obligation to facilitate cell construction, installation of the gas collection system, and the purchase of capital assets as described in Exhibit 1. The Reimbursement Ordinance will allow the continuation of these time sensitive capital projects. This funding enables the Department to begin cell design, engineering, and construction on the necessary time schedule, and enables the capital expenditures identified in Exhibit 1 to occur at this time, rather than waiting until the late summer / fall when the bonds are anticipated to be sold. FISCAL INFORMATION Approximately $1,500,000 from Solid Waste Rate Stabilization reserves are planned to be expensed on the identified capital projects (Exhibit 1) and subsequently reimbursed with Solid Waste Certificates of Obligation bonds, which are planned for sale during the late summer / fall of2006. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their May 8, 2006 regular meeting. The Public Utilities Board recommends approval 6-0. EXHIBITS 1. Reimbursement Ordinance. Respectfully submitted: a.7~~ Vance Kemler, Director of Solid Waste S :\Qur Documents\Ordinances\06\Reimbursement-Solid Waste Projects.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE SOLID WASTE RATE STABILIZATION RESERVE FUNDS WITH THE SOLID WASTE CERTIFICATES OF OBLIGATION TO MAKE CAPITAL EXPENDITURES TO FUND SOLID WASTE CAPITAL PROJECTS APPROVED IN THE 2005-2006 CAPITAL IMPROVEMENT BUDGET; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Denton (the "Issuer") 18 a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures to make capital expenditures from the Solid Waste Rate Stabilization Reserve Funds to fund Solid Waste capital projects including, without limitation, cell construction and the installation of a gas collection system which were approved in the .2005-2006 Capital Improvement Budget and are described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will: be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1..150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; 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 Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,500,000 for the purpose of paying the costs of the Projects, as set forth in the attached Attachment "A", which is made a part of this Ordinance for all purposes as if incorporated word for word herein. SECTION 3~ All costs to be reimbursed pursuant hereto will be capital improvement expenditures~ No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than.. 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service.~ The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than tlrree years after the date any expenditure which is to be reimbursed is paid. SECTION 4~ This Ordinance shall become effective immediately upon its passage and approval. Exhibit 2 S :\Our Documents\Ordinances\06\Reimbursement-Solid Waste Projects.doc PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYDER CITY AT ORNEY BY: Page 2 of2 day of EULINE BROCK, MAYOR , 2006. Attachment A . CITY OF DENTON . Solid Waste Department . ASL Refuse Truck . Utility Truck · Compactor R.W. Beck Cell 3 Engineering . Cell Construction- rental of equipment Gas Collection System . Flare station and piping . Dumpbody for chassis of Rear Loader Household Chemical Collection Facility : Recycling Containers . Total Fund Requirements for Solid Waste $ 77,000 229,000 600,000 150,000 150,000 190,000 25,000 23,000 25,000 25,000 $ 1 ,494,000 $ 1 ,500,000 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 May 8, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair called the meeting to order at 9:01 a.m. Monday, May 8, 2006 in the Service 7 Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 8 9 Present: Chair Newell, George Hopkins, Bill Cheek, John Baines, Phil Gallivan and Bob 10 Bland (arrived at 9:07 a.m.) 11 12 Absent: Dick Smith, excused 13 14 Ex Officio Member: 15 Howard Martin, Interim City Manager 16 17 ITEMS FOR INDIVIDUAL CONSIDERATION: 18 19 7) Consider recommending approval of an Ordinance of the City of Denton, Texas, to declare 20 the intent to reimburse expenditures from the Solid Waste Rate Stabilization Reserve funds 21 with the Solid Waste Certifications of Obligation to make capital expenditures to fund solid 22 waste capital projects approved in the 2005-2006 Capital Improvement budget; and declaring 23 an effective date. 24 25 Hopkins made a motion to approve with a second from Bland. The motion was approved 26 by a vote of 6-0. 27 28 The meeting was adjourned by consensus at 11 :08 a.m. 29 Exhibit 2 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Utility Administration Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance approving a public at-grade railroad crossing agreement between the City of Denton and the Union Pacific Railroad Company (UPRR) covering the construction, maintenance, and use of a new Vintage Parkway at-grade public road crossing at railroad mile post 723.02-Choctaw Subdivision; providing for the permanent closure of certain railroad crossings and providing an effective date. BID INFORMATION This portion of the Vintage Parkway project will not be bid. Instead, all work covered under the Ordinance will be constructed by the Union Pacific Railroad and paid for by the City of Denton as described in the attached agreement currently under consideration. The work includes surface improvements to the railroad track at the crossing location with an estimated cost of $53,066.00 along with railroad signalization and crossing arm improvements with an estimated cost of $248,696.00. The work also includes the initial clearing of vegetation from the crossing location for a cost of $8,211.00. In addition to these construction costs, the UPRR requires the City to pay for railroad engineering review and flagging services in the estimated amount of $6,400.00, as well as a one-time fee of $2,500.00 for the right to cross the railroad at this location. All of these costs are estimates provided by the Union Pacific Railroad. The total estimated cost for this railroad crossing is $318,873.00. The railroad will bill the City for actual costs, so the final numbers for the crossing may be above or below the estimated amounts. The Union Pacific Railroad requires the City of Denton to pay these costs up front as a condition to the execution of the agreement mentioned above, similar to the Advanced Funding Agreements executed between the City and TxDOT in the past. Adoption of the attached Ordinance authorizes the expenditure of these funds. The budget for the Vintage Parkway project was originally established in the amount of $1,900,000.00. The budget included an estimated cost for the Union Pacific Railroad crossing in the amount of $350,000.00. The current UPRR estimate for the permission and construction of this railroad crossing is $31,127.00 less than the original amount budgeted for this improvement. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) None. RECOMMENDATION Staff recommends adoption of the Ordinance approving a public at-grade railroad crossing agreement between the City of Denton and the Union Pacific Railroad Company as part of the Vintage Parkway project. PRINCIPAL PLACE OF BUSINESS Omaha, Nebraska STAFF COST ESTIMATE The engineer's opinion of probable construction cost for the Vintage Parkway Union Pacific Railroad crossing was $350,000.00. ESTIMATED SCHEDULE OF PROJECT This project is scheduled to begin in September 2006 with an estimated completion date of October 2006. FISCAL INFORMATION Funding for this project will come from the following City of Denton account: US 377 Alternate / Vintage Parkway - 350104442 EXHIBITS 1. Court Order 2. Ordinance 3. Public Road At-Grade Crossing Agreement Respectfully submitted: Frank G. Payne, P.E., 349-8946 City Engineer DENTON 'COUN,TY COMMISSIONERS COURT . . ,..:^o . October 18.. 2005 Month Day Year Court Order Number: OS-D"-,tg5 Ij.,t; THE ORDER: Approve the closure of Collins Road form 50 feet South of the Rail Road Crossin!! to North of the Railroad Crossine: at the intersection of Collins and Min!!o Road. Motion by J A, )~ /econded by ~ County Judt!e Mary Horn Yes Abstain No Absent Commissioner Pet No 1 Cynthia White yes.-/" Abstain No Absent _ / : :",Yes ~ Abstain _ No Absent 4 0""-' 0 Commissioner Pct No 3 Bobbie J. Mitchell Commissioner Pct No 2 Sandy Jacobs 'Yes / Abstain ._ }\fo _ Absen~ _ Yes /' Abstain No Absent Commissioner Pet No 4 Jim Carter Motion Carried '5~o-D Other Action:' Pulled from Consent No Action Postponed _ ATTEST: . ~- . :. N Cynthia Mitchell, County Clerk and Ex-Officio Clerk of the Commissioners Court of Denton County, Texas y BY:~ QkL~ Deputy ouuty Cler -..... Exhibit 1 S:\OUf Documents\Ordinances\06\Vintage Parkway RR Crossing Agreement.doc ORDINANCE NO~ AN ORDINANCE APPROVING A PUBLIC AT-GRADE RAILROAD CROSSING AGREEMENT BETWEEN THE CITY OF DENTON AND UNION PACIFIC RAILROAD COMPANY COVERlNG THE CONSTRUCTION, MAINTENANCE, AND USE OF NEW VINTAGE PARKWAY AT-GRADE PUBLIC ROAD CROSSING AT RAILROAD MILE POST 723~02-CHOCTAW SUBDIVISION; PROVIDING FOR THE PERMANENT CLOSURE OF CERTAIN RAILROAD CROSSINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented with a railroad crossing agreement between the City of Denton and Union Pacific Railroad Company (the ''Railroad''), a copy of which is attached hereto and made a part hereof as Exhibit A (the "Agreement"); and WHEREAS, the City Council hereby finds 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 true and correct and are incorporated herein by reference~ SECTION 2. The Agreement is hereby approved~ The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City and to exercise the rights and duties of the City under the Agreement, including without limitation, the expenditure of funds provided for in the Agreement. SECTION 3~ The City COlUlcil hereby makes the following fmdings: a.. The Denton County Commissioners Court has passed Court Order No. 05-0765 permanently closing the existing at-grade public street crossing at Collins Street located at Railroad Mile Post 714~49, DOT No.. 795 305T (the "Collins Crossing")~ b~ All rights to the private road crossing located at Railroad Mile Post 723~02 (the "Private Crossing") were transferred to the City pursuant to that certain Street Right- of-Way Deed for Vintage Parkway dated May 27' 2003 and recorded in VoL 5359, Pages 05326 through 05332 of the Land Records of Denton County, Texas (the "Street Deed").. Such private road area is located completely within the Vintage Parkway right-of-way described in the Street Deed. The City Manager, or his designee is authorized to take all actions and execute all documents on behalf of the City necessary to provide the Railroad with evidence that the Collins Crossing and the Private Crossing are permanently closed upon completion of the Project as provided in the Agreement.. Exhibit 2 SECTION 4~ 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: EDWINM~ S , C ATTORNEY BY: Page 2 Exhibit '3 Political Body Original . . BUILDING ~CK UPRRFolderNo~: 2357-20 Agreement Number - .PUBLIC ROAD AT-GRADE CROSSING AGREEJ\lIENT . Vintage Parkway - DOT No..: 795- 327T UPRR Mile Post 723..02 - Choctaw. Subdivision Denton, Denton County, - T.exas . - TIllS AGREEIvIENT. is made and entered into as of the _ day of . ., 200-, ~by ~d between UNION PACIFIC ~ROAD COMPANY, a Delaware corporation, to be. . addressed, at Real Estate Deparbnent, 1400 .Dotiglas Street, Mail Stop 1690,' Omaha, Nebraska 68179 (the "Raikoad*') and the CITY OF DENTON, a Texas municpal corporation, to be addressed at 601 . East Hickory, Suite B, Denton, TX' 76205 (the "Political Body"), RECITALS:. The Political Body desires to undertake as its project (the "Project''): - · the closure and removal of the exi~g Collins Street at";grade public road c~ssing, DOTNo~ 795305T, located at Railroad's Mile Post 714..49. on it's Choctaw Subdivision, in or near ,Denton, Denton County, Texas, · the closure and removal ofan existing at~grade private road crossing, located at Railroad's Mile Post 723.02 on it's Choctaw Subdivision, in or near-Denton, Denton County, Texas, and . the construction of the new Vintage Parkway. at-grade public road crossing, DOT No. 795327T, at Railroad's Mile Post 723.02 on it's Choctaw Subdivision, in or near Denton, Denton County, Texas (the "Crossing Area") ,as the Crossing Area is shown .on the ,Railroad'slocation print marked Exhibit A and the detail print .marked Exhibit A-I, each attached hereto and hereby made a part hereof. . - _ The Railroad and the Political Body are entering into this Agreement to. cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1- . EXHIBITS B AND B-1. The general terms and conditions marked Exhibit B, and the Contractor's itlsurance requirements marked Exhibit B-1, are attached hereto and hereby made a part.hereof.. Public Road At~e Crossing Agreement Form Approved,. AVP-Law.... 3/10105 Articles of Agreement - Page 1 of6 - ,Jan~ 30~ 2006 . BUILDING AMERICA'" UPRR Folder No~: 2357-20 " ARTICLE 2 - RAILROAD GRANTS RIGHT. For "and in consideration TWO THOUSAND FIVE HUNDRED DOLLARS (52,500.00) to be paid by the Political Body to the "Railroad upon the execution and-delivery of this Agreement and in furthe~ consideration of the Politi~a1 Body's agreement to"perform and abide by the terms of this Agreement including all exhibits, the Railroad hereby grants to the Political Body the right to establish or reestablish, construct Of-reconstruct; maintain," repair arid renew the road crossing over and across the Crossing Area. ARTICLE 3 - DEFINITION OF CONTRACTOR " For purposes of this" Agreement the term "Contractor" 'shall mean the contractor or contractors hired by the Political Body to perfOmi any Project work 9n any portion of the Railroad's "property and shall"" also include the contractor's subcontractors and the contractor's an~" subcontractor's respective employees, officers and agents" ARTICLE 4 - CONTRACTOR'S' RIGHT OF ENTRY AGREEMENT.. INSURANCE A." If the Political Body will be hiring "a Contractor to-perforin any work involving the P~ject (including initial construction and any subsequent :r;elocation or maintenance "and repair work), the Political Body shall require the Contractor to: · execute the Railroad's then current Contractor's Right ofEntIy Agreement · obtain the then current i~urance required in the Contractor's" Right of Entry Agreement; and · provide such insurance p~Iicies, certificates, "binders and/or endorsements to the Railroad " before allowing .any Contractor to cOmmence any work in the eros_sing Area or on any other Railroad property. The Railroad's current insurance requirements_ are described in Exhibit B-1, attached hereto and"here~y made a part hereof. B"~ The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto -and hereby mad"e a part hereof: The Political Body confinns that it will inform its Contractor "that it is required" to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without firs~ executing the Railroad's Contractor's Right of Entry Agreement and obtaining" the insurance set forth there~" and" also providing to the Railroad .the - insurance policies, binders, certificates and/or endorsements described th~ein.' " - . . . . C~ All "insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Senior Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street. Mail-Stop 1690 Omaha, NE 68179-1690 - UPRR Folder No.... 2357-20" Public Road At-Grade Crossing Agreement Fonn Approved, A VP-Law - 3/1 0105 - Articles of Agreement Page 2 of6 " January 30~ 2006" . BUILDING AMERICA~ UPRR Folder No.: 2357-20 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. ARTICLE 5 - FEDERAL AID POLICY GUIDE A. If the Political Body will be receiving any federal funding for the Project: · the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CPR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference, and · construction work by the Political Body and Contractor shall be performed, and any reimbursement to the Railroad for work it performs, shall be made in accordance with the Federal Aid Policy Guide. . B. If federal funding of involved, as provided in 23 CFR 646~210(b)(2), the Project is of no ascertainable benefit to the Railroad and the Railroad shall not be obligated to payor contribute to any Project costs. ARTICLE 6 ~. WORK TO BE PERFORMED BY THE RAILROAD A. Upon the execution of this agreement, the Political Body'shall pay the Railroad a firm and fixed sum of Three Hundred Sixteen Thousand Three Hundred Seventy-Three Dollars ($316,373.00) for the work performed and materials supplied by the Railroad, as described in the following Railroad's Material and Force Account Estimates: · Surface Estimate dated November 1, 2005 in the amount of $53,066.00, · Signal Estimate dated March 21, 2006 in the amoWl1 of$248,696~OO, and the · Flagging & Engineering Review Estimate dated January 17, 2006 in the amOlll1t of $6,400.00, · Initial clearing of vegetation from Crossing Area in the amoWlt of $8,211 ~OO, marked Exhibits C, C-l, C-2 and C-3 each attached hereto and hereby made a part hereof (the "Estimate"). The term. "Estimate" also includes the work of clearing vegetation~ B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimate. C. The Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in cOIll1ection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad Public Road At-Grade Crossing Agreement Fann Approved, A VP-Law - 3/1 0/05 Articles of Agreement Page 3 of6 . January 30, 2006 . BUILDING AMERICA- UPRRFolderNo.: 2357-20 . . will be billing the Contractor- directly for such. costs, the Politic81 Body _agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor.wi~ thirty (30) days of th_e Contractor's receipt of billing. - . D.. The ~olitica1 Body agrees to reffi?bursethe Railroad for one hundred percent (100%) of all- . actual costs incurred by the RailrOad in conilection with the Project including, but not limited to,. actual costs ofpreJiminaI)' engineering review, construction inspection, procurement ofmat.erials, equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives (which shall include direct and indirect overhead costs) associ~ted therewith. ARTIC'LE 7 ~ 'PLANS A.. The Political Body, at its expense, shall- prepare, or cause to be prepared by others, the detailed plans and specifications and submit such plans and specifications to the Railroad's- Assistant. Vice President Engineering - Design, or his authorized representative, for review and approval. . The plans and specific.ations shall include all - Roadway layout specifications, c_mss; - sections and elevations,. associated drainage, and other, appurtenances.. - B. The rm.a! one hundred percent (100%) completed plans that 'are approved in writing by the '. Railroad's Assistant Vice President Engineering~Design, or his authorized representative, are hereinafter referred to as the "Plans".. The Plans are hereby made a 'part of this Agreement by reference. - c. . No changes in the Plans shall be made unless the Railroad .has consented to .such changes in wri~g. . D. .Notwithstanding the Railroad's approval of the Plans, the Railroad shall not be responsible for the permitting, design, details or construction of the Roadway.. ARTICLE 8 - EFFECTIVE DATE:. TERM: TERMINATION. A.. 'This.Agreement shall become effective as of the date first herein written, or the date work commences on. the Project, whichever is earlier, and shall continue in full force and ef.fect for as. long as the StrUcture remains on the Railroad's property.. B. The Railroad, if it so elects, may tenninate this Agreement effective upon delivery of written -notice to the Political Body in the .event the Political Body does not comm~ce. construction on the portion of the Project located on the Railroad's property within twelve (l2)nionths from the date. of this Agreement, or from the date that the Railro~d has ex.ecuted this Agreement and returned it. to the .Political Body for its execution, whichever is applicable. . ' .' C.. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in. cOlUlection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. .. Public Road At.tJrade Crossing Agreement Fonn Approved, A vp...[.aw - 3/1 0105- Articles of Agreement Page 4 of6 January 30, 2006 _. . . BUILDING AMERJCA- .. UP.RR Folder No.: 2357-20 ARTIC.LE 9 - CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK. Neither the Political Body nor the Contractor may.commence any work within the , Crossing Area or on any other Railroad property until: · The Railroad mid Political Bodyhave executed this Agreement. · . The Railroad has provided to the Political Body the Railroad's written approval of the Plans. · Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has . obtained and/or provided tq the Railroad the insurance policies; certificates, binders, and/or endorsements set forth in the Contractor's Right of Entry Agreement ARTICLE 10 - - SIGNAL MAINTENANCE~ A. The Political Body agrees to pay for the cost ofmaintenance of the automatic grade-crossing protection. Effective as oithe date of this Agreement, the annual fee shall be FIVE THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($5,365.00). The Railroad will bill the Political Body annually; The Political Body agrees to pay the Railroad within thirty (30) days of its receipt ofbilling~ . B. The above annual fee is based upon the number .of current signal Units. at each location as illustrated on the Arema Unit Statement marked Exhibit E, attached hereto and hereby made a part. hereof. Effective on the first anniversary of this Agreement and on the anniversary date of each subsequent one-year period, the annual fee will be increased at a rate based upon the American Association of Railroad's (AAR) signal unit cost index.. Such changes in the fee may be made by mearis of automatic adjustment in bil1ing~. The signal writ base for the annual fee may be re- . determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual rental was last determined or established. ' .ARTICLE 11- ORDINANCE. FOR PERMANENT .CLOSURE OF COLLINS STREET AND PRIVATE CROSSING. Attached as Exhibit F and made a p~ hereof, is a copy of the Ordinance passed by the Political Body which authorizes and directs the permanent closure of · . the existing at-grade public street crossing atCollins Street located at Railroad Mile Post 714;49, DOT .No. 795 305T, and · the existing private road crossing located at Railroad Mile Post 723.02 upon the completion of the Project~ Public Road At-Grade Crossing Agreement Form Approved, A VP-Law - 3/10105 Articles of Agreement Page 5 of6 ' January 30, 2006 aBUILDING ANERICA~ UPRR Folder No.: 2357...20 IN WI1NESS WHEREOF, the parties have caused this Agreement to be duly executed in duplicate as of the. date first herein written.. UNION P ACIFIe RAILROAD COMPANY (Federal 'Tax ID #94-6001323) By GREGORY L. PINKER Director Contracts WITNESS: CITY OF DENTON .. By Title (Seal) Pursuant to Resolution/Order No. dated: . hereto attached~ .. 200_ BY: Public Road At..orade Crossing Agreement Fonn Appro~ A VP-Law - 3110105 , Articles of Agreement Page.6.of6 January 30, 2006 N " ! W-e-E , S LOCATION OF NEW AT-GRADE PUBLIC ROAD CROSSING CONSTRUCTION PROJECT f .".,~_....,:~~~--i 1 ~ ~ I ~ ~ ~ toi WI . ~1 ~I MP 723.02 - Chactaw Subdivision ~~ Vjntage Parkway - DOT #795327T (01 New At-Grade Public Road Crossing i Constructfon Project ~ 1 t ~ ~ f f . -...._ J , . 77 'f-- -- - -, ~ ___ ChJttaW"S~bdi7jSiOn 9># ~"{l" -', -------' ~ ~ 'it, _'\.~ ~ ! ~~'Y ~ L:r). j \........".~...,~...,..,,~~........j ~ ~ ~.~--,~ 3 ~~ ~~.gr ~I ~ ~1 ~ f ~ \ ~ ~i ~~ ALLREDRD ~m / 1- t.,_~~,-.:- '":"--'-~-'->~-~-'''!i ;:~KI~SQ.~_ 1 1 tm ~""-lP>="",,","_'-".,{ ~ ~. \. ~DCl RD \\ .."........,.r.,--~I--..,.....P- o ~ 3: tL .d-"::"' t SANDERS Rtf' tt1z ~~ gT~ i~ ~r~ .. . [~ ~ ~-w,~~ -iO:: ~"i':-:.p::I,Y.}J~.~~.:..v.-,:~ '.-'J RYAN RD ! . -=-.~-~~""'-,._'c<.<>~,.~_~~~ " ) ~x ".~ \\,. \J \l :.J \\. \~, \~ ~ \l( \ '\ \~ .... \ \ X r"m,\{ ,... I ~I ~ fJK ^'~ /Q /w.." Eb~ .:/ - Data use subject to Jicense. @ 2004 Delorme. Street Atlas USA@ 2005. www.delorme.com 1 MN (4.911 E) ~_ 1ft o 1000 2000 Data Zoom 13-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY CHoeTA W SUBDIVISION MILE POST 723~02 GPS: N 330 09.8330', W 970 09.4602' near DENTON, DENTON CO., TX. 1. Install 56-feet of new concrete road crossing surface; 45 cross ties; 1 carload of ballast; and other track materials. 2~ Install remote LED flashing signals with gates and CWT in new cabin; and other signal materials. 3. Engineering Review and Flagging. Illustrative print showing location of a new at-grade public road crossing construction project with the CITY OF DENTON ~ Folder No. 2357-20 Date: January 30, 2006 WARNING IN" ALL OCCASIONS, U.P. COlvfMUNICATIONS DEPARnmNT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCA nON OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 Exhibit A Railroad Location Pri nt To Public Road At-Grade Crossing Agreement - r:=; ~ ~~ ~ ~ - D -' .-cf) ~~ . - -,,. .'- .... -'. -'. --," . .. .~-:~.:. :~.: t8. -~. , .. .:l ~ ~ D . .., ; 4 -~ - - .~ LU ~ ~ fX ~ -"'0 . Ji \Cl e. t --- -;/ -cD .~ Vi ~ ~ ,~ -.:i .A' -f:! ciJ ~~. c2 :t~~ ~ ~ .. Ep.. J ;oJ \..(1 .! t..Cj ,..JM ~~~~~ . ~..~- --...... Vi.Q~::J'7 'u ~"i3~ ~ J ____ ~~ CJr ~.1:".a ~ .. ~V1 .'" (j.... .---J ~:r . ..- \J- t'\~ ~'-\~~_ -10 I , J I I 1- __ ... ~ 10 . ~ \t..lO q..n\ . . i . :II - -..... . J I o -r -..- I - . {"'I. I ... o . I I -.... a ~ " o (fl. ~. ~ 1..(1 c-J. 1" Noftnt r- ,. .m \fl ~ Exhibit A.1 Detailed Print ' To Public_ Road At-Grade Crossing Agreement ... BUILDING AMERICA~ Public Rqad At.Grade Crossing Agreement ExB Standard Fonn Approved. AVP-Law - 3/10105 EXHIBIT B TO PUBLIC ROAD AT GRADE CROSSING AGREEMENT . . TERMS AND CONDITIONS SECTION 1 ~ CONDITIONS AND COVENANTS a) The Railroad makes no covenant or warrant)' of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any,purposes other than those described in this Agreement Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines; Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body1s use of the property for highway purposes ,shall be constructed in accordance with specifications and requirements of the Railroad. and in such manner as not adversely to affect Communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty. shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to confonn with the rail line. c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and . also to any renewals thereof. -The Political Body shall not damage, destroy or interfere with the property-or rights of non parties in, upon or relating to the railroad property. unless the Political Body at its own expense settles with and obtains releases from such. non parties.. . d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate,. repair, alter, renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attaCh signal; communication or power lines to any highway facilities located upon the property, provided that such attachments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area.. e) $0 far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroadls operating property. . f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance' and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expenSe and withqut expense to-.the Railroad.. SECTION 2. CONSTRUCTION OF ROADWAY a) The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such-authority has been obtained. b) Except as may be othelWise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. . The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the_ Crossing Area in a condition satisfactory to the Railroad. ' c) All construction work of the Political Body upon the Railroad's property (induding, but not limited to, cOnstruction of the Roadway . and all appurtenances: and all related ancl incidental work) shall be perfonned and completed in a manner satisfactory to the Assistant Vice President Engineering - DeSign of the Railroad or his authorized representative and in accordan~ with the Plans, and other guidelines furnished by the Railroad~ -. - . d) All construction work of the Political Body shall be performed.diligently and completed within a reasonable time, and in any event PubliC Road At-Grade Crossing Agreement ExB Standard Form Approved~ AVP-Law - 3/10105_ . Terms of Agreement Page 1 of 4 Exhibit B To Public Road At-Grade Crossing Agreement . " BUILDING AMERICAH. within three (3) years from the effective date of this Agreement, or within such further period of time as may be"specified in writing by th~ Railroad's Assistant Vice President Engineering · Design. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. Public Road At-Grade Crossing Agreement ExB Standard Fann Approvedt A VP-Law - 3110105 SECTION 3~ . INJURY AND DAMAGE TO PROPERTY . . If the Political Body, in the performance of any work contemplated. by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering - Design. SECTION 4. PAYMENT FOR WORK BY THE RAILROAD a) Bills for work and materials shall be paid by the Political Body within thirty (30). days of its receipt thereof. The Railroad will submit to the Political Body current bills for all work performed by the Railroad and all flagging and other protective services ancf . devices during progress. of the Project. (unless flagging is to be billed directly to the Contractor). The Railroad will submit final billing within one hundred and twenty (120) days after completion of the Project, provided the Political Body advises the RailrOad of the commencement of the 12o-day period by giving the Railroad written notification of completion ofthe Project. b) The Railroad may contract for the performance of any of its wOrk"by other than railroad forces." The Railroad shall notify the. Political BOdy of the contract price Within ninety (90) days after it is aWarded. Unless the Railroad's work is to be performed on a fixed price basis, the P.ol itica I B<;>dy shall reimburse the Railroad for the amount of the contract . SECTION 5~ MAINTENANCE AND REPAIRS . a) The Political Body shall, at its own sole expense,maintain, repair, and reneW, or cause to be maintained, repaired and "rene~, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall"be maintained by and at the expense of the Railroad~ . b). If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the Political Body's expense,shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area,the Political B~y shall.bear the expense of such repairs or replacement SECTION 6. . CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the tracks located on the crOSSing Area, the Political Body shall, atits own expense, conform the public highway inthe Crossing Area to conform .with the change of grade of the trackage~ . SECTION 7~. - REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation~ agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION .8~ SAFETY MEASURESj PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost " importance; and in order that the same may be adequately safeguarded, protected and assured, and in orderthat accidents may be prevented and avoided, it is agreed with respeCt to all of said work of the Political Body that the work. will be peifonned in a safe manner and in conformity with the following standards: . . a) Definitions. All references in this Agreement to the Political Bo.dy shall also indude the Contractor and their respective officers, . agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall indude work bothwithin and outside of the Railroad's property. Public Road At-Grade Crossing Agreement ExB Tenns of Agreement . . " . Exhibit B . Standard Fonn Approved, AVP-Law - 3/10/05 P~ge 2 of 4 " To Public Road At-Grade Crossing Agreement . - BUILDING AMERICA" Public Road At-Grade Crossing Agreement Ex8 Standard Form Appr~1 AVP-Law - 3/10105 ~~. b) Comoliance With Laws~ The Political Body shall comply with all applicable federalr state and local laws, regulations and enactments affecting the work~ . The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees. the officers. agents, employees and property of the Railroad and the. public in general. The Political Body (without limiting the generality of the foregoing) shal,1 comply with all applicable. s~e and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall. be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulationsl. and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the .Railroad, the Political Body shall reimburse and indemnify the Railroad- for any such fine, penalty. cost, or charge, induding without .limitation attorneyls fees. court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad1 to defend. such action .free of cost, charge, or expense to the Railroad.: .. c) No Interference or Delavs. The Political Body shall not do, suffer or permit anything which Will or may obstrud, endanger, interfere With r hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or: using. the Railroad'~ property. or facilities. ~ d) Suoervision. The Political Body, at its_ own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad~ The responsibility of the Political Body for safe conduct~ and adequ.ate policing and supervision of the Projed shall. not be lessened or otherwise affected by the Railroad's ~pproval of plans. and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work,. site of the Railroad's representatives, or by . compliance by the Political Body with any requests or recom~endations made by such~ representatives~. If. a representative of the Railroad is assigned to the-Project,..the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and .protection of the . Railr~dls property and operations. .. . - .1" e) , Susoens ion of Work~ If at any time the- POlitical Bodyls engineers or the' Vice- President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of ' the Political Body is being- or is. about to be .done or prosecuted without ,due regard an~ . precaution for safety and security, the Political Body shall immediately suspend the.:work until suitable1 adequate and proper protective measures are adopted and provided~ .' . f) Removal of Debris. The PolitiGSI Body -shall not cause, suffe~ or permit material or debris -to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be. promptly removed .from the - , Railroad.s property by the Political Body at the ,Political Body's own expense or by the Railroad at the expense of the Political Body. The Political_ Body shall not cause, suffer or permit any. snow to. be plowed or cast upon tI1e Railroad's property dUring snow removal from the Crossing Area... . g) EXDlosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property withOut the prior consent of the Railroad's Vice President-Engineering-Services, which shall not.be given if. in the sole .discretion of the .Railroadls Vice President-Engineering Services. such discharge would be dangerous or would interfere with the Railroad's property or. facilities~. For the purposes hereof, the -Vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property '.or in such close proximity to the Railroad's' property that the discharge of explosives could 'cause injury to the Railroadls employees or other persons, or cause damage to or interference with the facilities or operations on the' Railroad's property. The Railroad reserves the. right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of- explosives as the Railroad, in .the ~ailroad's sole discretion, ~ay deem to .be necessary, .desirable or appropriate~ .._ h) . Excavation. The Political Body shall riot excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger_ the clearance between existing or new slopes arid the tracks of the ..,; Railroad~ The Pol.itical Body shall not do or cause to be done any work which will.or may. disturb the stability of any are~ or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall' install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in. con~ectiori.with Construction,. maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and .~.in a manner approved by the: Railroad's Assistant Vice President Engineering - Design to withstand all str~sses likely to be encountered~ including any stresses. resulting from vibrations caused by the -Railroad's operations in the vicinity. ., ' .. . . i) Dralilaae. The Political Body, at the Political Body's own eXpense, shall provide and maintain suitable facilities for draining the Strudure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon prOperty of the .. ... Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any-streams, bodies of water and drainage facilities (either natural or artificial, and including water'from the Railroad's culvert and drainage facilities)1 so that said waters may not, because of any facilities or work of the Political Body, be impededf obstructed,.diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body "shall not obstnlct or interfere with existing ditches or drainage facilities., .: ., Public Road At..oGrade Crossing Agreement ExB Standard Form Approved. AVP-Law - 3110105 - T enns of Agreement Page.3of4 . Exhi bit B To Public Road At...orade Crossing Agreement m - - BUILDING AMERICA.- Public ~oad At...Grade Crossing Agreement ExB Standard Form Approved, A VP~ - 3/10105 j) Notice. Before commencing any work, the Political Body shall provide at least ten (10) days prior notice (excluding weekends and h.olidays) to the Railroad's Manager-Track Maint~nanCe~. . k) Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disruptselVice to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00a.m. to -9:00 p.m. Central Time, - Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to detennine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. lfit is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to begir:ming _any work on the Railroad's premises. - - - SECTION_ 9~ . INTERIM WARNiNG DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have _been jnstalled~ - SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad cOmpany lawfUlly using the Railroad.s property or facilities~-. : SECTION 11~ REMEDIES FOR ,BREACH OR NONUSE ..a). If the Political Body shall fail;' refuse or neglect to perform and abide by the terms of this Agreement, the Railroad; in addition to any other rights and -remedies, may perform,any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger-or -interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. . b) Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all-rights of the Political Body hereunder. c) The Political Body will surrender peaceable posseSSion of the CroSSing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights. obligations or liabilities of the parties, accrued or otherwise. which may have arisen prior to termination. . SECTION 12. MODIFICATION ~ ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shan be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver. modification or amendment. Any waiver by the Railroad of any default by the _ Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements. whether written or oral, with respeCt to.the work or any part thereof~ SECTION 13~ ASSIGNMENT: SUCCESSORS AND ASSIGNS' This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. .Public Road At-Grade Crossing Agreement ExB Standard Form ApProved, AVP-Law - 3/10105 Terms.of Agreement Page 4 of 4 ' , . Exhibit B To Public Road At-Grade Crossing Agreement . aBUILDING AM~- Public Road At-Grade Crossing Agreement ExB-1 Standard Form Approved, AVP-Law - 3/10105 EXHIBIT B-1 TO PUBLIC ROAD AT GRADE CROSSING AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Rail~dJ s property has been completed" and until the Contractor has removed aU equipment and materials from the Railroad's property and has cleaned and testo~ Railroad's property to Railroad's satisfaction, the following insurance coverage: . A. Commercial General Liability Insurance~ This insurance shall contain a single limit of at least $5,000,000 each occurrence or claim and an aggregate limit of at least $101000,000 and include broad form contractual liability coverage.. Coyerage must be " purchased on a post 1998150 or equivalent form~ including but not limited_to Coverage for the following: e - Bodily injury including death and personal injury · Property damage . · Fire legal liability" (Not Jess than the re~lacement"value of the portion of the premises occupied) · "Products and completed operations " The policy shall also ~ntain the following _endorsements which shall be indicated on the" certificate of insurance: · Th~ workers compensation and employee related exdusions in the above policy apply only to employees of the Contractor. "e The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shan be removed~" · Coverage for Contractor"s (and RaUroad's) employees shall "C?t be exclude ,. Waiver of subrogation If the Contractor will be using, storing and/or handling hazardous materials, the Contractor, -in addition to the other endorsements to be obtained by the Contractor as provided in this exhibit, must also ensure that the Commercial General liability Insurance pOlicY contains a Designated Premises Pollution Coverage (CG00-39) endorsement. Evidence of the endorsement must also be indicated . on" the certificate of insurance that is provided to the Railroad.. B.. Business Automobile Coveraae Insurance. This insurance shall contain a combined single limit ofat least $5,000,000 per occurrence or claim, including but not limited to coverage for the following: · "Bodily injury and property damage ". Any and all motor vehi.cl"es including ownedl hired and non..owne~ The policy shall also contain the following endorsements which shall be indicated "on the certificate of Insurance: " · The workers compensation and employee related exclusions in the above policy apply only to employees of the Contractor. · The exdusions for railroads (except where the Job site is more than fifty feet (50~ from any railroad including but not limited to tracks, bridges, trestles, roadbeds, .terminals, underpasses or crossings), and explosion, cOllapse and underground hazard shall be removed. · Motor Carrier Act Endorseme"nt- Hazardous materials clean up (MCS...90) if required by law~ c. Workers ComDensation" and EmDlovers Liability Insurance including- but not limited to: · Contractor's statutory. liability under the workers' compensation laws of the state(s) affected by this Agreement · Employersl Lia~ility (Part B)" with limits of at I"east $500,000 each accident, $5001000 diSease policy limit" $500,000 each employee If Workers Compensation insurance will not cover the liability of Contractor in states that require participation in state workers' . compensation fund, Contractor shall comply with the laws of such states. If Contractor is self-insured, evidence of state. approval Public Road At-Grade )(jng Agreement Exf3...1 standard Fo~ Approved) A VP-Law - 3110105 Terms of Agreement Page 1 of2' " " "Exhibit 8..1- To Pubfic Road" At-Grade Crossing Agreement . . BUiU)INC AMERICA- Public Road At-Grade Crossing Agreement ExB--1 Standard Form Approved, A VP..Law - 3/10105- .. must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U~ s~ Longshoremen's and Harbor Workers' Act.. the Jones Act, and the Outer Continental Shelf land Act. if ap.plicable. The pOlicy shall also contain the following endorsement which shall be indicated on the certificate of insurance: · AJtemate Employer Endorsement D. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, theSe policies shall -rollew form" and afford no less coverage than the primary policy~ . .. E. Railroad Protective Liability Insurance naming only the Railroad as the insured with a combined single limit of $2,000,000 . per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for .Physical Damage to Property" (ISO Fonn CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy is forwarded to the -Railroad~ Other Reauirements F. Punitive damage exclusion_ must be deleted, which deletion shaU be indicated on the certificate of insurance. .. . G. Contractor waives. its right of recovery, and shall cause its insurers, through policy endorsement.. to waive their right of subrogation against Railroad including, without limitation, for loss of Contractor's owned or leased property or property under Contractor's care, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on the ce~ficate of insurance. H. AII_ Policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Railroad as an additional insured. The coverage provided to Railroad as additional insured shall provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity proVisions of this. Agreement Severability of interest and naming RailfOad, as additional insured shall b~ indicated on the certificate of Insurance. . I I. Prior to commencing any work, Contractor shall-furnish to Railroad original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any cancellation _or material alteration. Upon request from Railroad, a. certified duplicate original of any required P9licy'shall be furnished. .- J. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a Current Bests Insurance. . Guide Rating of A- and Class VII or better, and authorized to do business in the s~ate(s) in which the service is to be provided. . . K. . Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed. by Contractor to. procure the insurance coverage required by this Agreement and acknowledges that .. Contractors i nsuran~ .coverage will be primary. - . L. The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, Iiabi-lity- under the indemnity provisions of this Agreement, Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage~ . . Public Road At..(3rade Xing Agreement Ex8-1 Standard Fonn.Approvedj AVP-Law-3110105 . Terms of Agreement Page.2 of 2 . . Exhibit B-1 To Public Road At-Grade Crossing Agreement s MAR-29-2006 14: 30 lJPRR . PUBL I C PROJECTS 817 633 8416 P~01/01 . DATE: 200Q~Ol-11 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: RECOLLECTABLE CROSS~NG SURFACE PROJECT~ PRE-PAID FROM CITY OF D~NTON,.TX~ USING STANDARD .LABOR ADDITIVES OF 235%. UPRR, TO FURNISH AND INSTALL 56 TRACK.. FEET OEt NEW CROSSING INCLUDING TIES, OTM AND BALLAST" INSTALL BOOTLEGS AS REQUIRED FOR SIGNALIZATION OF TRACK. PID: 54077 AWO: 55482 SERVICE UNIT: 11 CITY: DENTON MP,SUBDIV: 723~02, CHOCTAW STATE: TX DESCRIPTION QTY UNIT'. LABOR MATE:RIAL RECOLL UPRR TOTAL ----~----_..... .........-....---~ .... ~ ..- - ... - - ENGINEERING WORK ENGINEERING - 1000 1000 .1000- LABOR ADDITIVE. 235% 2350 2350 2350 "IIIIIIIP................................. .............................1IiIIIP...... _..........--...-...... ----........-.... ....~......................_..... TOTAL ENGINEERING 3350 3350 3350 S~GNAL WORK .2085 LABOR ADDITIVE 2.35-% 2085 2085 SALES TAX 2 -2 2 SIGNAL 887 51 938 938 I .... ~ ..... .... .... -.- ---.............................. ...............----- ---......-......-.... _...............-............ TOTAL SIGNAL 2972 53 3025 .3025 ~RACK &." SURFACE WORK BALAST 1.00 CL 723 596 1319 1319 CONTRACTOR/OPERATOR 4.000 4000 4000 FOREIGN LINE FREIGHT 171 111 171 HOMELINE FREIGHT 900. 900 900 LAaOR ADDITIVE ~3S% 16196 16196 1-~ 196 MATL STORE EXPENSE 101 lot 101 OTM 563 423 986 986 .RDXING 56.00 TF 3330 8:553 11883 . 11883 SALES TAX 519 519 519 TRK-SURF,LIN 2.355 2355 2355 XTIE 45.00 EA 4788 3473 8261 8261.. ---............~.... ...... 'IIIIIIII ...... ...... .... ..... ... ...... ...--............................ .......................................... ....-....----...-..... TOTAL_ TRACK & SURFACE 27955 18.736 46691 46691 LABOR/MATERIAL. EXPENSE 34277 RECOLLECTIBLE!UPRR EXPENSE ESTI,MATEO PROJECT COST. EXISTING REOSEABLE.MATERIAL. CREDIT .SALVAGE. NOWUSEABLE MATERIAL CREDIT. 18789 -------- -------- 53066 . o o . RECOLLEGTIBLE LESS .CREDITS TOTAL. P. echibit C . . Surface Estimate of Material & Force Account Work To .Public Road At-Grade Cr~ssing Agreement ISTIIATB 0' MAflRIAL AlP PORC.B ACCOJJIfl WORK BY _ . tmI(If PACIFIC RAILROAD' DATlh 2006-03 -21 DBSCRIPr!otI OF 1fORJC: _ IlfSTALL RmI11'J.(JIp 723. 56).1 LID PL SIOSALS W/GlTHS. lID arr nr HIIf eMUI AT VIMTAGI PARlCDI U DBIroB, .1'1. M. P. 723.02 Ox 'tItS CIiOCTAI SOB 4 SIODL. PROJICr MMNJIR: ROK CLARrsotl 167..1261 IWLROAD TO PDPORII ALL IOR1t I cosr DImt!8UTIt) AS FOLLars: SIQRAL .. em OF DIIrON 10"' PRBPAr PID: 533'. ANO = 54:.13 SbvICB Ulftt t 11 C.ln:t DDTON RP, stJDDIV; 723 ,02, CHOCr.M- STAD: TI otSCRIPTIOIr orr DIrT, LABOR tmttraw. RBCOLL VPRR TOrAL ..... .... -.-.. -...........-............ 1916 .1916 1'1' 10893 108'3 108'3 4215 4215 4215 ....... ...~-._- w__~__.~ ........ ~.....a. 1702' 1 '024 1 '1024 . 76537 '6537 "'537 ....... -~----~- ........ ........ ..-.._-~ 76531 76537 7'53 , 90t) 900 tuo 801' 80,., 80'6 . aoo 800 800 . 55970 55'10 559'0 450G .4500 4500. 42500 425M .2500 31500 31500 31500 4899 48" 4899 5J9(J 5990 59'0 ....... .w._~.__..__..__. ..~.~..a ...~.... i 88370 "765 155135 155135 BIIOIDBRlJIG IIORJC . MnaaDG LDOR ADDITIVB 111. '8t SIQ...HWY nG torAL DG1DBRIRO SIGNAL tfOaK SIGtlAL mTAL SIGRAL mex , 6URFACB WORK: BILL pup 00H'1'RACr. wm FILL/ROCI . LMOIt .ADOttmr 1'77.681 MBTIR SIRVICI PIRSOtfAL IXP8IfSIS BIG-11ft DG ~C!f arARGBS WZ DAI'le CXImWL n;r.W. TRACI , SURPACB LAioR/MTEIrAL IXPD'SB 105394 RBCOLtBCt~/UPRR EXPJQlSB RSTttaTBD PRO.7ICT'.cost BXtST1JKj RBtJSD8LB MlttBRIAL CRlDI1" hLVAGB ~ MAfiRIAL CltlDIT ~ LBSS CRlDI'l'S - m. AIIOVB nQUlllS AU is'l'DIlTlS ctlLlr AIm SUB.1IlCr 'l'O Fr.\ICl'lJA'nQl. IW 'lIIB IlVBIt 0' . M llrOlWI Olt DBeJtlASa: Il9 nm aJS'1' OR QtWn'm Of' MM'IRIJlL OR LlIIIOR RlIQUIIlBD, UPAA WILL BILL POI. ACTUAL CCIISTRUClIOM COSTS AT TBB CORRIRT IPPECrIVI RAT!. ,. ......A r.a~..___ 143302 ........ ....a.~_. 248'" 0 ....~..- .248'96 o o ... ~---...-.....-... Exhibit C~1 Signal Material and Force Account Work Estimate To Public Road At-Grade Crossing Agreem~nt ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK. . BY THE . UNION .PACIFIC RAilROAD COMPANY. '. .F.OR THE. . STATE OF TEXAS. DESCRIPTION OF WORK: Perform flagging services for the City of Denton for the construction of a new public crossing in Denton, TX., at MP 723.02 - Choctaw Sub.. File: Crossing: Public TX. J Denton Vintage Pkwy MP 723.02. - Choctaw Sub DOT - 795327T. City's job # ~50104442 LOCATION: FW SERVICE .UNIT: 11 STATE: Texas . DATE: 01/17/0'6 DESCRIPTION LAB'OR . MATERIAL STATE TOTAL FLAGGING SERVICES FLAGGING (per day) $700.00 Times 20 Days $1",400.00 Engineering Review $5,OOO~OO TOTAL PROJECT $6,400.00 $6,400.00 ' EXISTING REUSABLE MATERIAL - NONE. SALVAGE NONUSABLE MATERIAL - NONE TOTAL ESTIMATED COST OF PROJECT lESS CREDITS. $6,400.00 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. . IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OF AMOUNT OF . . MATERIAL OR LABOR REQUIRED, THE STATE WILL BE BILLED ,FOR ACTUAL CONSTRUCTION COST AT THE CURRENT RATES EFt=ECTIVE THEREOF. . . . E'xhiblt C-2 Flagging & Engineering Review Estimate of Material & Force Account Work . To Public Road At-Grade Crossing Agreement reement March 10, 2006 - Steve Martchenke . Manager Industry & Public Projects Union Pacific Railroad Re:. Choctaw Sub MP 723.02 DOT 795327T Private Crossing Clearing Dear Mr~ Martchenke: . . After. careful inspection. of the above crossing this bid is for the amount of $8,211 ~oo (Eight Thousand Two Hundred Eleven Dollars) which will include the clear cutting of 500' NW quad, 300'. SE SW . and NE quads to the full extent of the right ofway~ All overhanging limbs will be cut to the edge of the right of way-and all. debris will be rough cut or chipped .as. needed and spread evenly ~ All tree removals will be cut to leave a .stump no taller than 4 inches and all cut trees will be basal treated with an herbicide mixture to help prevent re...growth. When completed crossing will be left as close as possible to original grade - w~ will not be responsible for re-grading or produ~.ing a final grade appearance~ Work will be preformed by our conttacted crew from J. B. Bumgardner Enterprise, with all.of their employees trained in the Union Pacific and. DeAngelo Brothers, Inc. Roadway Worker Protection. .Safety Training~ All safety. gear and PPE will be utilized ~ maintain a safe work environment~ The Union Pacific MTM or his designate .will be contacted at the commencement of work and daily (or as' needed) for job briefings. Crossing will 00 inspected fo:r complian.ce standard by a DeAngelo Brothers, Inc. representative when work is completed~ . . , . Please. allow. a minimum of two weeks~lead time to mobilize crew before desired start date. Contact me for any further information or concerns. Invoice Will be payable in net 30 (~) days~. Sincerely; Jeff Braden Railroad Di~sion Manag~- Texas . OffiCe (281) 391-1885 Cell (281) n20613 E-Mail: jbraden@dbiservices~com Exhibit C-3 Vegetation Clearing _ Estimate To Public Road At..Grade Crossing Agreement UNION PACIFIC ~RqAD COMPANY Real Estate Department 1400 Douglas Street, MS ~ 690 Omaha, NE 68179-1690 (402) 544-8620 J~uary 30, 2006 To the Contractor: . Before UnionPacitic Railroad Company can peniIit you to perform work on its property for the construction . and maintenance of the new Vintage Parkway at-grade public road crossing. it will be necess8.ty for you to sign and complete two originals, of the enclosed Contractor's Ri~ht of Entry AFreement as follows: 1. Fill in the comJ)lete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement If a corporation, gjve ~e state of incorporation.. If it partnership, give the names of all . partners.. ' 2. Fill in the date construction will begin and be completed in Article 5, Paragraph A. 3. Fill in the name of the contractor in the .space provided in the signature block at the end of the Contractor's . Right of EntJ.y Agreement. If the contractor is a corporation, the person signing on its behalf must be an ele~ted corporate offi~r~. . 4~ Execute and return all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required in Exhibit B-1, in the attached, self-addressed envelope.. - - 5. Check made payable to the Union Pacific Railroad Company in the amount of 5500.00. If you require fonnal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 94-6001323 -is the Railroad Company's correct Federal . Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. After approval of the Contractor's Right of Entry Agreement and insurance certificate, one fully executed . . counterpart of the agreement will be returned to you. :rn no event should you begin work until you have received your . co~terpart of the fully executed agreement Under Exhibit B-1 of the encloSed Contractor's Right of Entry Agreement, you are required to procure certain insurance and insurance endorsements including but not limited to, Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a serviCe to you, Union Pacific is making this coverage available to you through Marsh USA. If you decide that acquiring the RPLI coverage from Marsh USA is of bene.fit to you, please contact Mike . McGrade @ 900-729-7001; fax: 816-556-4362; or e:-mail: michael.mcgrade@marsh.com. . . If you have any questions concerning this agreement, please contact me as noted below. Have a safe day! Paul G. Farrell Senior Manager Contracts Phone: (402) 544-8620 e-mail: pgfarrell@up~com Exhibit 0 Conti'adors Right of Entry Agreement To Public Road At-Grade Crossing Agree~nt Contractors .Right of Entry - (Texas) 01/26106 F~nn Approved - A VP Law UPRRFolderNo~ 2357-20 CONTRACTOR'S RIGHT OF ENTRY AGREErvtENT . (TEXAS) - TInS AGREEMENT.is made and entered into as of the. day of ' 200-, by and betwee~ UNION PACIFIC RAILROAD CO:MPANY, a.Delaware corporation (ItRailroad"); and (Name of Contractor) corporation (IIContractor"). a (State of Incorporation) - ~ RECITALS: - - Contractor has been hired by'the City of Denton to pe~orm work relating to the construction, maintenance..and use of the new.Vmtage Parkway at-grade public road crossing (the "work"), with all or a portion of such work to be .performed on property of Railroad in the yic~ty of Railroad's Mile Post 723.02 on Railroad's Choctaw. Subdivision, at or near DOT No. 795 327T, located at or . near Denton, in Denton County, State of Texas, which work is the subject of.a contract dated. between Railroad and the City of Denton, as such location is also shown (Date of C&M Agreement) . ' . . on the print marked Exhibit D, attached hereto and hereby made a part hereof. Railroad is willing to permit Contractor tq perform the work described above at the lo.cation described above subject to the telJllS and conditions contained in.this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ' ARTICLE 1 - . DEFINITION OF CONTRACTOR. F or purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its .or their auth~rity. ARTICLE 2 - RIGHT GRANTED: PURPOSE. Railroad hereby grants to Contractor the .right, during the term hereinafter stated and upon and subject to each and all of the teITns,.provisions and conditions herein contained, to.-enler-upon - and have ingress to and egress .from the property ,described in the Recitals for the .purpose of, . performing any work described in the Recitals above._ The right herein granted to Contractor is . Contractors Right of Entry - (TesBS) Form Approved <it A VP Law 01/26106 Page 10f4 Janumy 30, 2006 Contractors Right of Entry - (Texas) 01/26106 Fonn Approved - A VP Law . UPRR Folder No.. 2357-20 limited to those portions of Railroad's property specifically described herein. or as designated by th~ Railroa<;l ,Representative named in Article 4. ARTICLE 3 ~ - - TERMS. AND CONDITIONS. CONTAINED IN EXHIBITS A. B AND C. The terms and conditions contairied in Exhibit A, Exhibit B mid Exhibit C, attached hereto, are hereby made a part of this Agreement~ ARTICLE 4 ~ ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAll..ROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. - - B. Contractor shall coordinate all of its work with the following Railroad representative . or his or her duly authorjzed representative. (the "Railroad Representative"): . Don Traylor Manager. Track Maintenance Union Pacific Railroad Company 101 South Wa/son Road . ArlingtonJ TX 76010 Phone~. Q17-878-4609 . Fax: 817-640-8710 c. - Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth . in Section 7 of Exhibit A. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work~ or -_by Railroad's collaboration in.. perforinance of any wprk, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. . . ARTICLE 5 ~ .TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this . . Agreement, and continue until , unless sooner terminated as h~ . (Date of Expiration) provided, or at such.time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on ~Railroad's property. ' B.. This Agreement may be terminated by either party on ten (10) days written notice to the o~er party. Con~s Right of Entry - (Texas) Fonn Approved · A VP Law 01/26106 Page 2 of 4 January 30,. 2006. Contractqr's Right of Entry - (Texas) 01126106 . Fonn Approved.. A VP Law UPRR Folder No~ 2357-20 ARTICLE 6 - CERTIFICATE OF INSURANCE. A~ Before commencing any work, Contractor will provide Railroad with the insurance binders, policies, certificates and/or endorsements set forth in Exhibit B of this Agreement. - B. be sent to: All insurance correspondence, binders, policies, certificates and/or" endorsements shall Union. Pacific Railroad Company Real Estate Department 1400 Douglas Street, ~.J690 . . OmahaJ.NE 68179-1690 attn.: UPRR Folder No.~" 2357-20 .- , ARTICLE. 7 - DISMISSAL .OF CONTRACTOR's EMPLOYEE. At the request of Railroad,. Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the wor~ on Railroad's property, and any right of Contractor shall be suspended until such . - . removal has occurred. Contractor shall indemnify Railroad against any claims arising from. the removal of any such employee from Railroad's property.. ARTICLE 8 ~ ADMINISTRA TIVE FEE. Upon the execution and delivery of this Agreement, Contractor - shall pay to Raihoad Five Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of-this Agreement. ARTICLE 9 - CROSSINGS.... - . No additional vehicular crossings (including temporary haul roads) or pedestrian crossings . over Railroad's trackage shall be installed or used by Contractor without the prior written pennission of Railroad. . ARTICLE 10 - . EXPLOSIVES. . Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. . .:.~~s. Right of Entry -(fexaS) ';~()QD,Ap~ed ._AVP Law 01/26106 .. . .Page 3. of4: .. . . January 30, 2006 Contractots Right of Entry - (Texas) 01126/96 FQnn Approved - A VP Law . UPRR Folder No. 2357-20 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein \VIitten. UNION P ACIFIe RAILROAD COMPANY (Federal Tax ID #94-6001323) '. By PAUL G...FARRELL SeniQr Manager Contracts .. (Name ojContr,!ctor) _ By Title: Contractor's Right of Entry - (reus) Form Approved · A VP Law Olll6lO6 .Page4of4 January 30, 2006 Texas CROE ExA Form Approvedl A VP..J..aw 01/26106 EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT TERMS AND CONDITIONS 'Section" 1. NOTICE OF COMMENCEMENT OF WORK" .. FLAGGING. " - A~ Contractor agrees.to "no~ify the Railroad Representative at least ten (10) working days in advance of. Contractor commendng its work and at least ten (10). working days in advanCe of proposed performance of any work by Contractor in which any person or equipment will be Within twenty-five (25) feet of any track, or will be near enough "to any track that any"equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), orthing(s) shall be located. operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains~ Upon receipt of such ten (1 D)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective. or safety measures. If tl~ggin9 or other special protective or safety measures are performed by Railroad, ,Railroad will bill Contractor for such expen~s,incurred by "Railroad, unless Railroad.and a federal~ state or local ,governmental entity have agreed that Railroad isoto bill such expenses to the federal, state or local govemmental.entity.." If Railroad will be sending the bills to Contractor, ContractorshaU" . pay suCh bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special proteCtive or safety measures are -performed l>y Railroad, Contractor agrees that Contractor is -not relieved of any of its responsibilities or liabilities set forth in this Agreement " B. . The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the clas"s of flagmen used during regular1y assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost 01 such labor, a composite charge for vacation, holiday, health and welfare. supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, EmployeeS liability and Property Damage and Administration will be induded, computed on actual payroll. The -composite Charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate. is paid for overtime, . Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are sUbjectto change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a- result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the govemmental entity, as applicable) shall pay on the basis of the new rates and charges. C~ Reimbursement to Railroad will be required covering .the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad worK during a portion of such" day f "in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work.. Reimbursement will also be required . for any day not actually worked by the flagman following the flagman's assignment to work on the project for which:-Railroad'is required to" pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to "otheL-work , even though Contractor may not be working during suCh time. When it becOmes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor Must provide ,Railroad a minimum of five (5) days notice prior to the cessation -of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be _required to pay flagging charges for the five (5) day notice period required by union agreemenHo be -given to the employee, even though flagging is not required for that period. An additional ten (10) days notice -must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to" Railroad~ "_ Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED , A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the _ right and power of Railroad to construct, maintain, repair,renew, use. operate, Change, modify or relocate railroad tracks, roadways, signal. communication. fiber optics, or other wi relines , pipelines and other facilities upon, along or across any or all parts of its property, all or any of whiCh may be freely done-at any time'-or times by Railroad without liability tb Contractor or to any other party for compensation "or damages~ " - B." The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others) and the-right of Railroad to renew and extend the same, and is made without covenant ~f title or for quiet enjoyment " , . Texas CROE ExA , Form Approved, AVP-Law" 01/26106 Page 1 of4 - Exhibit A Terms & Conditions" To Contractors Right of Entry Agreement Texas CROE ExA Form Approvedl AVP.f-aw 01/26106 Section 3. NO INTERFERENCE WITH OPERATIONS OF RAilROAD AND ITS TENANTS. A~ Contractor shall conduct its operations so. as not to interfere with the .continuous and uninterrUpted use and operation of the railroad tracks and property of Railroad t including without Umitationt the operations of Railroadls l,essees1 licensees Of others, unless specifically authorized in a<;jvance by the Railroad Representative~ Nothing shall be, done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations~ ~ When not in usel Contradors machinery and materials shall be kept at least fifty (50) feet from the centertine of Railroad's nearest track.. and there shall be no vehicular crossings of Railroads .tracks except at existin,g open pUbl,ic crossings. . . . ,S.. Op~rations <;>f Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by s.uch railroad.opeiations and work are expected by Contractor, and Contractor agrees that Railroad _shall have no liability to Contractor, or any other person or entity for any suCh. delays~ The Contractor shall coordinate its activities with those. of Railroad and third_parties so as to avoid interference with railroad - operations. The. safe operation of_ Railroad train 'movements al1c;i other a~ivities by Railroad t~,kes precedence over any work to. be performed by Contractor~ . . Section 4~ ' - LI~NS~ ContraCtor sha.1I pay in full all persons who perform labor or proVide materials for the work to be pe~~rmed by. Contractor ~ Contractor shall not,cre.ate, pernlit or suffer any mechanic's or materialments liens of any kind or.-nature to be created..or.enforced against any property of Railroad fo~ any such Work performed~ Contractor shall i-ndemnify and hold. harmless .Rail road , from and against any and alll.iens~ claims. _demands, costs or expenses of whatsoever nature in,a.ny way connected With or.growing .out of such _work done, labor.Performed. or materials fumished~ If Contractor fails to promptly cause any lien to.be released of record, R~ilroad may,.at its .election, discharge the lien or claim of.lien at Contractors expense. .:- Section 5. . . PROT'ECTION OF FIBER OPTIC CABLE SYSTEMS. . A.. Fiber optic cabl~ systems may.be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importancesini::e any. break could disrupt service to users resulting in business interruption and loss Of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p:m. Central Time, 'Monday through Friday. except hOlidays) at 1-800~336~9193 (also a 24-hour, 7 -day. numb~r for emergency calls) to determine if fi bar optic.~ cable is buried anywhere o~ Railro~d's ,property to be . used by Contractor. If it is, Contractor will telephone.the-telecommuni~tiOn~ cqmpany(ies) , involved, m~ke arrang~ments fq.r a cable locator snd. jf applicable, for relocation or .other. protection of the fiber optic cable~ Contractor shall notco":Jmence any work until all such protection or relocation (if applicable) has been accomplished. . . B... .. IN .ADDITION TO OTHER. INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY~ DEFEND..AND.HOLD RAILROAD HARMLESS FROM AND AGAINST ALL-COS.TS,.LIABILITY ANI:) EXPENSE. WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF. ANY ACT OR OMISSION. OF CONTRACTO~ ITS AGENTS AND/OR EMPLOYEES, THAT-CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO QR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH .OF ANY PERSON EMPLOYED BY OR ON.. BEHALF OF;ANY TELECOMMUNICATIONS COMPANY"AND/OR ITS CONTRACTOR, AGENTS AND/QR EMPLOYEES, ON RAJLROAD-S PRO~ERTY. CONTRACTOR SHALL NOT HAVE OR, SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS -.OF.: PROFITS" ,.OR -REVENUE OR. LOSS OF S.ERVICE OR~ OTHER.. CONSEQUENTIAL. DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'.S PROPERTY OR A CUSTOMER OR USE~ .OF .-SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. '- Section 6. PERMITS - COMPLIANCE WITH LAWS. . . ... I In the prosecution of.the -work covered by this Agreement, Contractor shall secure any and. all necessary permits ,and shall comply with .all applicable federal, state and local laws , regulations and enactments affecting the work .including, without limitation, _ _ all applicable Federal. Railroad Administration regulations. . . Section 7. SAFETY. A. .Safety. of personnel, property I rail operations and the public is of paramount importance .in the prosecution of the _ work perfonned by Contractor~ Contractor.shall be. responsible for.initiatingl maintaining and supervising all safety,: operations and . programs in connection with the work. Contractor shall at a minimum . comply with Railroad.s safety standards listed in Exbibit C1 hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As apart of Contractor's safety responsibilities. Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the job site.. .. Texas CROE ExA - Page 2 of 4 Exhibit A . Form Approved, AVP-Law 01/26106 Terms & Conditions To Contractor's Right of Entry Ag~ement Texas CROE ExA Form.Approved. AVP-Law 01/26106 - B. Without limitation of the provisions of parag raph. A above, Contractor shall keep the job, site free from safety and health hazards and ensure that its employees are competent and adequately trained in all Safety and health.aspects of the job. c. .Contractor shall.have proper first aid supplies available on the job site so that prompt first aid services may be . proVided to any. person. injured on the job site. Contractor shall promptly notify Railroad. of any u~s~ Occupational Safety and Health ,Administration reportable injuries~ Contractor. shall have a nondelegable duty to control its employees while they are on the job site . or any other property .of Rai1road~ and to be certain they do not use, be under the influence of, or have in..,their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.. . .- D. If and;when requested by Railroad,. Contractor shall deliver to Railroad a copy of Contractors safety plan for conducting the work (the "Safety Plan"). Railroad shall. have the right, but not the obligation, to require Contractor to correct any . deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies' between this Agreement and the Safety Plan.. . . Section 8. INDEMNITY. A:~ TO THE. EXTENT .NOT PROHIBITED BY APPUCAB~E STATUTE, CONTRACTOR .SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAlLROAD,ITSAFFILlATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES . ("INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS., DAMAGE, INJURY, LIABILITY. CLAIM. DEMAND. COS,T OR. ~PENSE..(INCLUDING, ,WITHOUT LIMITATION, ATTORNEYS, CONSULTANTS- AND EXPERT'S FEES~ AND COURT COSTS), FINE OR PENAL TV (COLLECTIVELY, "LOSS") INCURRED BY; ANY PERSON (INCLUDING, WITHOUT LIMIT A TION,.ANY INDEMNIFIED PARTY. CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR Q'F ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORM EO BY CONTRACTOR, OR (II) ANY ACT. OR OMISSION OF CONTRACTOR.' ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. .1 " . . S.. .' THE RIGHT TO INDEMNITY UNDER THIS SECTION S SHALL ACCRUE UPON OCCURRENCE.OF THE EVENT G,IVlNG RISE .TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY . INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE. SOLE ACTIVE NEGLlGEN~E OF AN INDEMNIFIED PARTY AS E~TA~.LI~HED BY THE FINAL JUDGMENT OF A COURT OF. ~OMPETENT JURISDICTION. THE SOLE ACTIVE NEGUGE;NCE.OF ~NY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY.OF ANY OTHER INDEMNIFIED PARTY. . C. . CONTRACTOR EXPRESSLY AND SPECIFICALLY ASS~MES POTENTIAL UABIUTY- UNDER..THIS SECTION. S.FOR CLAI,.,S OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES~CONTRACTOR WAIVES ANY IMMUNITY . IT ~ Y HA~ UNDER;.-WORKER'S COMPENSA nON OR INDUSTRIAL INSURANCE..ACTS TO INDEMNIFY RAILROAD UNDER . THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.. . . ~.. i. I , O. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT.}:~ TO. ANY WORKERIS C9MPENSA TlON ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE . RELIED UPON qR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST RAILRQAD. E. . THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION, OR EXPIRATION OF THIS AGREEMENT. IN .NQ EVENT SHALL THIS. SECTION 8 OR ANY OTHER PROVISION OF THIS AGR~EMENT BE .DEEMED.TO LIMIT.ANY LIABIUTY CONTRACTO.R MAY HAVE TO ANY INDEMNIFIED PARTY BY STAT.UTE OR UNDER COMMON LAW. .~ection 9,. .. . .. . I RESTORATION OF. PROPERTY. In the event Railroad authorizes Contractor to. take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon .. .as possible and at Contractors .sole expense, restore such fence and other property to the same..condition.as the same were in ilf;lfore such fence was ,taken down or such other property was moved or disturbed. . Contractor shall-remove all of Contractor's tools, . eguipment, rubbish angother materials from Railroad's. property prompUy upon completi()n of the work; restoring Railroad's property to the same s~e and condition as when Contractor entered thereori. .. : -. .,' ' .. ...,~.;., _:.. -:: . ... . iJ:" TexaS C.ROE ExA Fonn Approvedt AVP...a..aw.~()1126106 .page 3 of 4 -Exhibit A , Terms & Conditions To Col.1tradors Right of Entry Agreement Texas CRDE ExA Form Approved, AVP-Law 01/26106 Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein cOntained to be kept, obServed and performed by Contractor shan in no way impair the right of Railroad to avail itself of any remedy for any su~equent breach or ' default " Section 11.', MODIFICATION.. ENTIRE AGREEMENT. No modification of this Agreement shall "be effective unless made in writing and signed by Contractor and Railroad. This Agr~ment and the exhibits attached ~ereto and "made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiation~1. understandings _or agreements, whether written or oral. with respect to the " work ""to be~performed by"Contractor. [ , Section 12". ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement," or any interes~ therein, without the written" consent of the Railroad. Contractor shall be responsible" for the acts and omissions of all subcontractors, and" shall require all subcontractors to maintain the insurance coverage required to be maintained by COntrador as provided in this Agreement, and to indemnify Contractor " and-"'Railroad to, the same extent as Railroad is indemnified -by Contractor under this Agreement.. ."-' ,. Texas CROE ExA Form Approved, AVP-Law 01/26106 Page 4 of 4 Exhibit A ' Terms & Conditions To Contractors Right of Entry A9~ent Texas CROE ExB Form Approved. AVP-Law 01/26/06. EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE PROVISIONS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until aU Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's . property and has cleaned. and restored. Railroad's prope~ to Railroad~s satisfaction I the following insurance coverage: A. Commercial General Liabilitv insurance~ Commercial general liability (CGL) with a -limit of not Jess than $5,OOOtOOO each occurrence and an aggregate limit of not less than $10,000.000. CGl insurance must be written on ISO occurrence form CG 00 0112 04 (or a-substitute form providing equivalent coverage)~.. The policy must also contain the following endorsement, which must be stated on the certificate of insurance: e.. Contractualliabilfty Railroads ISO fonn CG 24 17 1001 (ora substitute fonn providing equivalent coverage) show_ing "Union Pacific Railroad Company Property: as the Designated Job Site. B. Business- Automobile Coveraae insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each acciden~.. _ _ The policy must contain the following .endorsements, which must be stated on the certificate of insurance: ~.. · .Coverage For Certain Operations In C.onnection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site~ . ~ Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if- required by law.. . c.. Workers' Comllensation and Em plovers' LiabiliW insurance. Coverage must include but not be limited to: . · Contractors statutory liability und.er the workers' compensation laws of the State. of Texas~ · Employers' Liability (Part B) with limits of at least $500,000 each accident,. $5001000 disease. policy limi~ 4. $50.0',000 each employee~ If Contractor is self-insured, evidence of state approval' and excess workers compensation coverage must be provided.. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act. the Jones Act, and the Outer Continental Shelf land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: ". · AJternate. Employer endorsement ISO form we 00 03 01 A (or a substitute form providing. equivalent. coverage) Showing Railroad in the schedule as the alternate employer (or a substitute form providing _equi_valent coverage)~ D. Railroad Protective Liabilitv insurance. Contractor must.maintain Railroad Protective liability insurance written on ISO occurrence form CG 00.35 12- 04 (or a substitute form providing equivalent coverage) on -behalf of Railroad as named insured, with 'a limit of not less than $2.000,000 per occurrel1ce and an aggregate of $61000,OOO~ A. binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until- the..original policy is folWarded to Railroad... - E. Urn brella or Excess insurance. If Contractor utilizes u m brella- or excess policies,. these policies must "follow formP and afford no less. coverage than the primary policy. F. Pollution liabili~ insurance. Pollution liability coverage must be written on ISO form Pollution UabilityCoverage Form' Desig nateet Sites CG 00 39 12 04 . (or a substitute form providing eq uivalent liability coverage). with IillJits of at least $5.000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work. as. defined in this Agreem~nt includes ~e disposal of any haZardous or non-hazardous materials Texas CROE ExB _ Page 1 of 2 _ -Exhibit 8 Form Approved, AVP-Law 01/26106. Insurance Provisions To Contractors Right of Entry Agreement Texas CROE ExB Form ApPfOved, AVP-law 01/26106 from the job site, Contractor must furnish toRailroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, .and an annual aggregate. of $2fOOO,OOO~ . Other Reauirements G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional. Insured" using ISO Additional Inslired Endorsements CG 20 26, and CA 20 48 ,(or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement .CG 20 26f and CA 20 48 provide coverage for Railroad's negligence . whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement . H. . Punitive damages exdusion, if any, must be deleted (and the deletion indicated on the certificate Of insuranCe), unless. . the law governing ~is Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation.of damages against Railroad and its agents, officerst directors and employees~ This waiver must be stated on the certificate of insurance~ ~ . J. . Prior to commencing the work, Contractorshalffumish Railroad with a certificate(s) of .insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance polides must be written by a reputable insurance cOmpany acceptable to Railroad or with a current Best's Insurance Guide Rating. of A- and Class VII or better, and authorized to do business in the State ~fTexas. - . L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the lia_bility of Contractor, including, without .limitation, . liability under the indemnity provisions . of. this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. . . Texas CROE ExB . Form Approved, AVP1.aw 01/26/06 ~ Page2of2 Exhibit B . Insurance Provisions To Co~cto(s Right of Entry Agreement Texas CROE ExC Form Approvedj AVP-Law 01/26106 EXHIBIT C TO CONTRACTORIS RIG~T OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term Ilemployeesl1 as used.herein referto all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. ' . I. Clothing A. All employees of Contractor win be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision,. hearing. or free use of their hands or feet _, . . Specifically, Contractor's employees must wear: (i). Waist-length. shirts with sleeves. (ii) ~ Trousers -that . cover the entire leg~ If flare-legged trousers are worn, the trouser ~ttoms must be tied ~o prevent' catching. (iii) Footwear that covers their ankles and has a defined heet Employees working on bridges.are required to wear safety-. toed fOotwear that confonns to the American National Standards Institute (ANSI) alid FRA footwear requirements~.. B~ Employees shan not wear bootS (other than work bOOts)1 sandals1 canvas-type shoes, .or other shoes that have thin soles. or heels that are higher t~an .normaL C. Employees must not wear loose or ragged clothing, neckties~ finger ring.s, or other loose jewelry while .opefe;ting or. working on machinery.. . . .11. _ Personal,. Protective Equipment . . Contractor. shall require its- employees to wear personal protective equipment as specified _ by Railroad rules, regulations. or recommended or requested by the Railroad Rep~esentative~ (iii) H.ard hat that meets the American National Standard (ANSI) Z89~ 1 - latest revision~ Hard hats should be affixed with Contractors company logo or name~ , - Eye protection that meets American National Standard (AN~I) fOr occupational and educational eye and -face protection, Z87~ 1 -.Iatest revision~ ..Additional eye protection must be provided to .meet specifIC job situations such as welding. grindingl etc~ . . . Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site~ Hearing protectionl ~n the form of plugs or muffs, must be worn when employees are within: · 100 feet of a locomotive or roadwaylwork equipment · 15 feet of power operated tools · 150 feet of jet blowers or pile drivers · 150 feet of retarders.in use (when within 10 feet. employees .must wear dual ear protection - plugs and muffs) - . (i) . (ii). . (iv) Other types of personal protective equipment such as respi~torsl fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative~ III. On Track Safety Contractor is responsible for compliance with the Federal Railroad AdministratiohJs Roadway W.orker Protectio'n regulations - 49CFR214J Subpart C and Railroadls On-Track Safety rules. Under 49CFR214~. Subpart C, railroad_ . contractors are responsible for the training of their employees .on such regulations~ In addition to the instructions contained in Roadway Worker Protection regulations, all employees must Texas CROE ExC . Form Approved, AVP-Law .01126106. Page 1 01-2 Exhibit C , Minimum Safety Requirements To Contractor-s Right of Entry Agreement. . Texas CROE ExC Form App~ed, AVP-t.aw 01126106 (i) Maintain a distance of twenty"-five (25) feet to any track unless the RailrOad Representative is present to authorize movements~ . (i1) . Wear an orange, reflectorized wortcwear approved. by the Railroad Representative. (iii) Participate in a job briefing_ that will specify the type of On-Track Safety for the type of work being performed~ Contractor must take special note of limits of track authority. which tracks mayor may not be fouled, and clearing the track~ Contractor will alSo receive special instructions relating to the work zone around machines and minimum distances between machines.while working. or traveling.. IV. - Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in th.e opinion of . the Railroad Representative, any of Contractors equipment is unsafe for use.. Contractor shall remove such . equipment from Railroad's property~ In addition, Contractor must ensure that the operators of all equipment are properly trained and com patent. in the safe operation of the equipment I n addition. operators must - be: ". . , Familiar and comply With Railroad's rules on lockoutltagout of equipment . Trained in and comply with the applicable operating rules if operating any hy-rail equipment .on-track~ . . Trained in and C9mply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound .equipment ' . B. All self-propelled equip~ent must be equipped WIth a first-aid kit, fire extinguisher, and audible-back~p warning device. . . C.. UnleSs otherwise au~ho"rized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track~ Before leaving any equipment u'nattended, the. operator must stop the engine and property secure the equipment against movement D~ Cranes must be"equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to.overhead powertines. - . C~ All track work performed -by- Contractor meets the minimum safety requirements established by the Federal Railroad .. Administration's.Track Safety Standards. 49CFR213.. .D~ All employees co~ply with the following safety procedures when working around any railroad track:. . (i) Always be o'n the 'alert for moving equipment Employees must always expect m9vement on any track, at any time, in either direction.. . . (ii) Do not step or walk on the top of the rail, frog, switches, guard .railsJ or other track components~ (Hi). .. In passing around the ends of standing cars, engines1 roadway machines or work equipment, leave at le.ast 20 feet between yourself and-. the end of the equipment Do . not go -between pieces of equipment of the opening is less than one car length {50 feet)~ (iv) Avoid walking or standing on a track unless so authorized by the employee in charge~ - (v) .Before stepping over or crossing tracks, look in both directions first (vi) Do not sit on. lie.under, or'crQss between cars .except as required in.the performance of your duties and only_when track and equlpment have been protected against movement E~ AII.employ~s .must comply with all federal and state regulations concerning workplace safety.. Texas CROE ExC . Form Approved, AVP-Law 01/26106 Page 2 of2 Exhibit C . . Minimum Safety Requirements To Co.ntractors Right of Entry ~~ment .N i w..... .~E ., - S - LOCATION PRINT ACCOIv1PANYING A CONTRACTOR'S RIGHT OF ENTRY AGREEMENT RD i f I I-~ (Of ~! w~ 11. MP 723.02... Chactaw.SubdMsion g Vintage ParkNay - DOT #795327.T 0) New A1:...Grade Public Road CroSSing Construction Project I "lr"" ~ (' SANDE~ Rf . to::z. ir- ~t. ~.~ zr ~;!L .....0::: ALLREDRO ~. RYAN RD t ' f. t. ~ >( ; ~ . f . \. -~ " ~. .~ ~ . . \~ ~ \ . ~\ , , lit 1000 -a<<tO Data Zoom 13--0 ~ . Chl~::S9bdi9lSI0n . -~. \ .t). /'\. . . Data use -subject to Icense~ e 2004 ~~ street Atlas USA. 2005~ WYIW .dek)rme.com f M\I (4" f) RAILROAD WORK TO BE PERFORMED: EXHIBIT "D" UNION PACIFIC RAILROAD COMPANY CHOCTAW SUBDIVISION MILE POST 723~02 GPS: N 330, 09..8330'; W 970, 09~4602' DENTON, DENTON CO~, TX~ To. accompany Contractor's Right of Entry Agreement with. 1. Flagging. 2. The Contractor is responsible for ensuring that the new public road crossing construction project doesn't adversely impact Railroad operations~ (Name a/Contractor) for the construction, maintenance and use of the neW Vintage Parkway at-grade public road crossing. Folder No~ 2357-20 Date:. January 30, 2006 WARNING IN. ALL OCCASIONS. U.P. COWdUNlCATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 Exhibit 0 Railroad Location Print T~ Contractors Right of-Entry Agreement AREMA UNIT ST A~rEMI!:NT' OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS ESTlMA1'ED MAINTENANCE COSTS . FOR WOS4813 BY TIlE UNION PACIFIC RAILROAD STREET TOWN :MILEPOST SlTBOIVlSIQN AARJDOT NO. WORK ORDER# DESCRIPTION VINTAGE PARKWAY DENTON. TX 723.01 CHOCTA' 795 327T 54813 UNIT VALUE QUANTITY UNITS NON~ODED 1'Itlt CIRCUlT9 CSlIU..~ An.AC 9T ....10) 1 0 SUPERIMPOSED CIRCUIT(AFrAQ J DETECTION LOOP 2 0 HIGBW A Y .GRADE CROSSING SIGNAL 2 2 (ON~ PAIR OF FLASHING LIGHTS) . ADDITIONAL PAIR. OF LIGHTS 1 1 GA TE MECHANISM. AUTOMATIC 8 2. WITH ARM UP TO 26 FT CATE MECHANISM. AlITOMATIC 9 0 WITH ARM OVER 26 FT GCPIBXP (CG....t~nII..lImec) 10 1 EXIT CATE MANAGEMENT SYSTEM RACK- 10 0 MOVEMENT DETECTOR (PMD) 6 0 MOVEMENT OETECfOR (STANDBY UNIT) -2 0 RADI0- DATA LINK, PER UNIT 1 0 PREEMPTION CIRCUIT 2 0 DATA RECORDER 1 ,1 REMOTE MONITORING OEVlCE* 2 0 BONDED RAIL JOINTS (p<< Ide, cam nO- ..., ttHaed) 1 0 BATTERY AND CBARCERtper let) 2 Z o .0 4 2 16 o 10 o o o o o 1 o o 4 TOTAL UNIT COUNT 37 PAVEMENT RESTORATION COSTS (Actual) ADRaal M8lntenanee Cost at si45lVnlt . 55,365 . -UP suppUed UDlI Value Octa~ l1t 2005 Exhibit E AREMA Unit Statement of Estimate of Maintenance Costs To. Public, Road At-Grade Crossing Agreement Exhibit F DENTON .COUNTY COMMISSIONERS COURT ~ , October 18~ - 2005 Month Day Year Court Order Number; OS-D~lI5" . ....~~ '1/ .~ THE ORDER: Anurove the closure i)f Collins Road form 50 feet South of the Rail Road Crossin2" to North of the" Railroad Crossin!! at the intersection of Collins and Min20 Road. Motion by (A )~ County Judi!e Mary Horn " Yes /ec.onded by ~ Abstain No_ Absent Commissioner Pct No 1 Cynthia WhIte . yes./ Abstain _ No_ ~bsent / : :, Yes _ Abstain _ No_ Absent " .."'" . # Commissioner Pet No 3 Bobble J.. Mitchell Commissioner Pet No 2 Sandy Jacobs -Ves / Abstain. ~o= Absent _ Yes /' Abstain No_ Absent_ Commissioner Pet No 4 Jim Carter Other Action:" Pulled from Consent _ Motion Carried 5":0-0 No Action Postponed _ ATTEST: . .. ......."!t. ..I' . -+.. CynthIa Mitchell, County Clerk and Ex...OMdo Clerk of the Commissioners Court of Denton County, Texas ., BY~ (lkCaJb Deputy ouoty CI -, AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEPARTMENT: Legal Department CM/DCM/ACM: Ed Snyder, City Attorney SUBJECT: An ordinance of the City Council of the City of Denton, Texas concerning the consent to the creation of a municipal utility district, a fresh water utility district, and/or a water control and improvement district on an approximate 219 acre tract of land located in the city's extraterritorial jurisdiction requested by JNC Partners Denton, LLC; and providing an effective date BACKGROUND: On May 1, 2006 me Partners Denton, LLC ("JNC") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district,. and/or a water control and improvement district on approximately 219 acres of land owned by JNC (the "Property") and located in the City's extraterritorial jurisdiction~ In your back-up you have two ordinances.. One consents to the creation of the special districts (Attachment 1) and one denies consent (Attachment 2). OPTIONS: 1. Pass the ordinance consenting to the creation of the special districts. 2~ Revise the ordinance to consent to less than the tlrree requested special districts~ 3~ Pass the ordinance denying consent to the creation of the special district Respectfully submitted, S :\Our Documents\Miscellaneous\06\JNC Special District AIS.doc S;\Our Docmn.c:ms\Ordinanc.es\06\JNC Special Dislrict Attachment 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIP AL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN APPROXIMATE 219 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY JNe PARTNERS DENTON, LLC; AND PROVIDING AN EFFECTNE DATE WHEREAS, on May 1, 2006 JNe Partners Denton, LLC (the "Owner") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water _supply district, and/or a water control and improvement district on approximately 219 acres of land owned by the Owner (the ''Property'') and located in the City's extraterritorial jurisdiction as more particularly described in the Requests which are attached hereto and made a part hereof by reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex.. Loc~ Gov't Code ch.. 42 and Tex.. Water Code cbs.. 49 and 54; and WHEREAS, the Requests include ~ttachments for a "master planned community" (Exhibit B) and a ''plan for development" (Exhibit C) associated with the consent request; and WHEREAS, by letter of May 15, 2006, the Interim City Manager informed the Owner that the depiction of the master planned ~ommunity and plan for development were not requirements for any permit, including but not limited to a request for consent to form a'special district pursuant to Tex.. Loc.. Gov't Code sec~ 42..042, and were not properly before the City; and WHEREAS, the City Council hereby finds that the action taken by this ordinance 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 true and correct and are incorporated herein by reference.. SECTION 2.. The City's consent to the creation of the special districts described in the Requests is hereby granted.. This consent is 110t an approval of Exhibit B and Exhibit C to th~ Requests, which are hereby rejected and denied for all purposes.. SECTION 4. This ordinance shall be~ome effective immediately upon its passage and approval.. PASSED AND APPROVED this the day of , 2006.. S:VJur Docum.cD.1s\DrdcSlO6\JNC Spc:cial Disbict Pe1ition+2.DOC ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ SNYDER, CITY TORNEY ...-~ BY: EULINE BROCK, MAYOR Page 2 of2 S:'Our Doou.ments\Ordinances\06\JNC Specjai Distriet I Attachment 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIP AL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN APPROXIMATE 219 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY JNe PARTNERS DENTON, LLC; AND PROVIDING AN EFFECTNE DATE WHEREAS, on May 1, 2006 JNe Partners Denton, LLC (the "Owner") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district, and/or a water control and improvement district on approximately 219 acres of land owned by the Owner (the "Property") and located in the City's extraterritorial jurisdiction as more particularly described in the Requests which are attached hereto and made a part hereof by reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex. Loc~ Gov't Code ch~ 42 and Tex. Water Code chs. 49 and 54; 811_d WHEREAS, the Requests include ~ttachments for a ''master planned community" (Exhibit B) and a "plan for development" (Exhibit C) associated with the consent request; and WHEREAS, by letter of May 15, 2006, the Interim City Manager informed the Owner that the depiction -of the master planned conununity and plan for development were not requirements for any permit, including but not limited to a request for consent to form. a special district pursuant to Tex.. Loc~ Gov't Code sec~ 42.042, and were not properly before the City; and WHEREAS, the City Council hereby finds that the action taken by this ordinance is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The findings and recita~ions contained in the preamble of this ordinance are true and correct and are incorporated herein by reference~ SECTION 2. The City's consent to the creation of the special districts described in the Requests is hereby denied~ SECTION 3. Exhibit B and Exhibit C.:to the Requests are hereby rejected and denied for all pmposes. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. S~\Ou.r Documems\Ordioaooes\06\lNC Special Disttict Petilion.OOC PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYD R, TY ATTORNEY BY: day of EULmE BROCK, MAYOR , 2006.. Page 2 of2 Exhibit A HUGHES I LUCE LLP ATTORNEYS AND COUNSELORS 301 Commerce Street, Suite 3000 Fort Worth, Texas 76102 817.347~5279 214.939.5849 (fax) May 1, 2006 ml indelow@hughesluce.com Melissa lindelow Governing Body of the City of Denton (the Mayor and City Council) cj 0 Jennifer Walters, City Secretary City of Denton 215 E. McKinney Denton, Texas 76201 R~CEtVED MAY.O 1 2006 VIA CERTIFIED MAIL AND HAND DELIVERY CiTY OF DENTON LEGAL DEPl: Re: Requests for the Creation of Special Districts Dear Ms~ Walters: Pursuant to the authority of Sections 42.042(a) and (b) of the Texas Lo~al Government Code and on behalf of the land owner, I am enclosing the following~ee requests (the "Requests") to the City Council of the City of Denton (the JlCity") related to an approximately 219-acre tract of land located wholly within the City's extraterritorial jurisdiction and identified by metes and bounds in the Requests (the "Property"): a request for the City's consent to the creation of a Municipal Utility District on the Property; a request for the City's consent to the creation of a Fresh Water Supply District on the Property; and a request for the City's consent to the creation of a Water Control and Improvement District on the Property. The Property will be developed using one or more of the three special districts referenced in the Requests.. Each of the Requests includes a plan for development of the Property and vests rights pursuant to Texas Local Government Code Section 245.002(a)(2)~ i~w~ Melissa Lindelow cc: Edwin Snyder, City Attorney of the City of Denton ~ JNC Partners Denton, LLC c/o John Lau 015815.00010:966540~01 REQUEST FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS S ~ COUNTY OF DENTON 9 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, JNe Partners Denton, LLC (the "Owner"), the holder. of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton CoUnty, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42~042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 54, and more specifically Section 54.016, by filing with the City of Denton (the "City") this request for consent to the creation of a municipal utility district (the "District") in the City's extratenitorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I~ The name of the proposed District shall be the DAVIS MUNICIP AL UTILITY DISTRICT OF DENTON COUNTY.. There is no other conservation or reclamation district in Denton County, Texas with that name. II. The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code S.ection 42.042 and Texas Water Code Chapter 54, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. III. The District shall contain an area of approximately 219..478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 015815.00010:%2609.01 for all purposes (the "Property").. All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. N.. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes~ More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "ProiectH), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Local Government Code~ The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements~ The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C.. v.. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI~ The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial pmposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other hannful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the P~operty. VII.. There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and. storm sewer system.. 2 015815.000 1 O:962609~O 1 VIII~ The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work.will be approximately $13,140,000. x.. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42~042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code require the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042( c) of the Texas Local Government Code and Section 54~016 of the Texas Water Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Municipal Utility District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 01.5815.00010:962609.01 RESPECTFULLY SUBMITTED and effective this \ ~ day of April, 2006. "OWNER" JNe Partners Denton, LLC a Texas Limited Liability Company 1 d ~f By: John Lau, Manager s 9 9 THE STATE OF TEXAS COUNTY OF ~~ This instrwnent was acknowledged before me on this the \l.t day of April, 2006, by Jo1m Lau, the Manager of JNe Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. ~ -;\~W~U'I" ~ $~/-::' (J.:1'\):J ~':~f,M~~~$ LYNN HUDSON Notary Public. State of ~exas My Commission Expires November 19; 2008 Notary~!!t~ the State of Texas 4 015815.00010:962609.01 Exhibit A Metes and Bounds Description of the Property BEING all that certain tract of land situated in the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447, Denton County, Texas and being an of a called 219.73 acre tract of land described in the Deed from Clara Tucker Testamentary Trust to C. Dean Davis as recorded in Instrument Number 2005-112203 of the Rear Property Records of said County: the subject 1ract being more par1Jcularly described as foUows: BeGINNING at a 1/2 inch iron rod found In the East line of FM 2164 for the Northvvest COmet of said Dean tract and the Southwest comer of a called 643.298 acre traot of land described In the Deed from Dan Reding. Trustee of the Mary Lou Reding Grantor Trust to Dan Reding as recorded in Volume 4454. Page 2090 of said Real Property Records; THENCE North sa degrees 59 mInutes 28 seconds East with the South fine thereof and the North fine of said Dean tract along and near a fence a distance of 4291.31 feet to a wood fence comer post found on the East line of said Survey for the Southeast comer of said Redrng tract and the Northeast comer of said Dean tract and being on the West line of a gravel road posted as Indian Wells; THENCE South 00 degrees 42 minutes 54 seconds East With the Wet line thereof and the East line of said survey and the East line of said Dean Ifact along and near a double fence a distance or 2e39.70 feet to capped 1/2 Inch lron rod set In the bend of an asphalt road posted as Gribble Springs Road and connects to said Indian Wells Road for the Southeast comer of sald Dean tract; THENCE South ~ degrees 05 minutes 32 seconds West with the South line thereof and along or near the middle of saldjGribble Springs Road passing an angle to the Northwest In said road at 2702 feet and continuing along ~id course a total distance of 302841621eet to a capped 1/2 inch iron rod set in a fence in the occupied weSt line of said survey for the Southwest camer of saId Dean tract; THENCE North 00 degrees S7 minutes 28 seconds West with the West line .thereof passing said Gribble Springs Road at 43 feet and conUnUing along said course a total d~stance of 1384.22 feet to metal fence cornet post found for the Northeast comer of a called 15.00 acre tract of land desaibed In the Deed to Bobble J. Trietsc;h.:as recorded in Volume 1793. Page.40 of.saId Real Property Records; THENCE South 89 degrees 23 minutes 13 seconds west with the North Jine thereof and a South line of said Dean tract al6ng and near a fence a distance of 125270 feet to a x-tie fence comer post for the most Westerly SouthWe~t comer of said Dean tract and the Southeast camer of 8 called 0.861 acre tract of land described in the Deed from Mortgage ElectronIc Registration Systems, loa. to Household Flnance Corp.. III as recorded In Instrument Number 2005-94332. of said Real Property Recarck;; THENCE North 00' degrees 48 minutes 50 seconds West with the East line thereof and a West line of said Dean tract along and near a fence a distance of 457.71 feet to a 5/8 Inch iron rod found for the North comer of said 0.861 acre tract in 1he East line of said FM 2164 at the beginning of a curve to the left having a radius of 955..37 feet and a chord bearing and distance of North 00 degrees 59 minutes 28 ~cb, 122.86 feet; .THENCE elong saId curve with said East line or FM 2164 an arc distance of 122.95 feet to a wood ROW marker; THENCE North 00 degrees 57 mlnutes01 seconds West with the EaatUneofFM 2164 and a West line of said Dean tract a distance of 660.88 feet ta the PLACE OF BEGIN.NING and enclosing 219.478 acres of land more or less. Exhibit A 015815.000 1 O:962609~O 1 Exhibit B Master Planned Community Exhibit B 015815.00010:962609.01 Exhibit C Plan for Develootnent of the Property Plan for Develooment. The Property shall be developed in accordance with Exhibit B and the development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date o.f this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect To the extent that Exhibit B.ffinst be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In the preceding sentence, the tenns "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those tenns under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. The minimum lot size shall be 4,000 square feet" 2) Lot Dimensions. The minimum lot width shall be 40 feet.. There are no other minimum lot dimension requirements. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Landscaping. There , are no landscaping requirements. 6) Tree Preservation~ There are no tree preservation requirements. 7) Oven Soace. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Prooerty Classification.. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property.. Exhibit C 015815.000 1 0:962609.0 I ~ ~ ~ " REQUEST FOR CONSENT TO THE CREATION OF A WATER CONTROL AND IMPROVEMENT DISTRICT IN THE CITY OF DENTON'S E"XTRATERRITORlAL JURISDICTION THE STATE OF TEXAS 9 9 COUNTY OF DENTON 9 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, JNe Partners Denton, LLC (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 51 by filing with the City of Denton (the "Citv") this request for consent to the creation of a water control and improvement district (the "District") in the City's extraterritorial jurisdiction (this "Reauest"), respectfully requests the City Council of the City for its "written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the DAVIS WATER CONTROL AND IMPROVEMENT DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II. The District shall be created and organized under the terms and proV1sIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42~042 and Texas Water Code Chapter 51, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, "the Texas Water Code, and all general laws applicable to the District. III. The District shall contain an area of approximately 219~478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the 015815.000 1 0:962763.01 . District are described by metes and bounds. in Exhibit A attached hereto and incorporated herein for all purposes (the "Property").. All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality.. IV. The Property is proposed to be developed .as part of the master planned community depicted on Exhibit B attached f hereto and incorporated herein for all purposes. More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Proiect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l).ofthe Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI~ The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the. Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the b.enefit of residents within the Property.. VII. There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes. There is not available to senre the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of.the future inhabitants of the District require the 2 015815.000 1 0:962763.01 construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road systein, and drainage and stOmi sewer s.ystem. VIII. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX.. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $13,140,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code (the "City's Consent"). This Request constitutes an application for a permit, which pennit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Water Control and Improvement District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815.000 I O:962763~O 1 RESPECTFULLY SUBMITIED and effective this Il~day of April, 2006. "OWNER" JNC Partners Denton,. LLC a Texas Limited Liability Company By: ~ John Lau, Manager THE STATE OF TEXAS /)~ COUNTY OF 9 9 9 This instrument was acknowledged before me on this the l~ day of April, 2006, by John Lau, the Manager of JNe Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. ~,,,\\~V~t.''''; LYNN H UOSO N ~~~~... ~.8...~ S-:O:-{ ..~.t~...~ Notary Publio, State of Texas ~~. ~ -:r:: My Commission Expires '_ ';~tMJ~~$ November 19,2008 ~~ Notary PublIC in and for the State of Texas 4 015815.000 10:962763.01 Exhibit A M.etes and Bounds Description of the Property BEING all that certain tract of land situated In the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447, Denton County, T exSs and being all of a called 219.. 7S acre tract of land described in the Deed from Clara Tucker Testamentary Trust to C. Dean Davis as recorded in InstrurnentNumber 20.05-112203 of the Rea! Property Records of said County; the subject tract being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the East line of FM 2164 for the Northwest comer of said Dean tract Bnd the Southwest comer of 8 caJled 643.298 acre tract of land described In the Deed from Dan Reding. Trustee of the Mary Lou Reding Grantor Trust to Dan Reding as recorded In Volume 4454, Page 2090 of said Real Property Records; THENCE North 88 degrees 59 minutes 28 seconds East with the South fine thereof and the North lIne of said Dean tract along and near a fence a dJstance of 4291..31 feet to a wood fence comer post found on the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of Said Dean tract and being on the West line of a gravel road posted as Indian Wells; THENCE South 00 degrees 42 minutes 54 seconds East With the Wet line thereof and the East line of said survey and the East Une of said Dean tract along and near a double fence a distance of 2639.70 feet to capped 1/2 inch Iron rod set In the bend of an asphalt road posted as Gribble Springs Road and connects to said Indian Wells Road for the Southeast comer of said Dean 1raet THENCE South S9 degrees 05 minutes ~2 seconds West with the South line thereof and along or near the middle of said Gnbble Springs Road passing an angle to the Northwest in said road at 2702 feet and continuing along said course a total distance of 3028..62 feet to a capped 1/2 inch iron rod set in a fence in the occupied West line of said surveyfor the Southwest comer of said Dean tract; THENCE North 00 degrees 57 minutes 28 seconds WestwiUl the .West Une thereof passing said Gribble Springs Road at 43 feet and continuing along said course a totaJ dIstance of 1384.22 feet to metal fence comer post found for the Northeast QJJ11er of a caJJed 15.00 acre tract of land desaibed In the Deed to Bobbie J. Tlietsch as recorded in Volume 1793. Page 40 of said Real Property Records: THENCE South 89 degrees 23 minutes 13 seconds west with the North nna thereof and a South line of . said Dean tract along and near a fence a distance of 125~ 70 feet to a x~tie fence comer post for the most Westerly SouthWest oomer of said Dean lrad and the Southeast earner of 8 called 0.861 acre tract of land described in the Deed from Mortgage BectronJc Registration Systems, InQ. to Household Finance Corp. III as recorded in Instrument Number 2005-94332 of said Real Property Records; THENCE North 00 degrees 48 minutes 50 seconds We$t with the East line thereof and a West Une of said Dean tract along and near a fence a distance of 457.71 feet to a 5/8 Inch Iron rod found for the North comer of said 0.861 acre tract in the East line of said FM 2184 at the beginning of a curve to the left having a radius of 955.37 feet and a chord bearing and distance of North 00 degrees 59 minutes 28 8eCQnd$,1 122.66 feet; THENCE along said curve with said East line or FM 2164 an arc distance of 122.95 feet to a wood ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the Eaat Une of FM 2164 and a West line of said Dean tract 8 distance of 660.88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres of land more or less. Exhibit A o 1 S815~OOO 1 O:962763~O 1 Exhibit B Master Planned Community Exhibit B 015815.00010:962763.01 Exhibit C Plan for "Development of the Property Plan for DeveloDment. The Property shall be developed in accordance with Exhibit B and the development standards set forth .in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. ,In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code.. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes.. The minimum lot size shall be 4,000 square feet. 2) Lot Dimensions.. The minimum lot width shall be 40 feet. There are no other minimum lot dimension requirements.. 3) Building: Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximmn size. 4) Lot Covera2e. a) The maximum lot coverage is eighty percent (80%).. Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Open Space. There are no open space requirements~ 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property . Exhibit C 015815.00010:962763.01 REQUEST FOR CONSENT TO THE CREATION OF A FRESH WATER SUPPLY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ COUNTY OF DENTON S TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY: OF DENTON, TEXAS: The undersigned, JNe Partners Denton, LLC (the "Owner"), the holder of title to a majority in value of the lands situated within the ''Property'' as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 53 by filing with the City of Denton (the "City") this request for consent to the creation of a fresh water supply district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the DAVIS FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name.. II. The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59, o.f the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 53, together with all amendments and additions thereto.. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District.. III.. The District shall contain an area of approximately 219..478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 015815.000 1 O:962758~O 1 for all purposes (the "Prooertv"). All of the Property is within the City's extraterritorial jurisdiction ("ETY') and is not within the corporate limits or ETJ of any other municipality. IV. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes~ More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for .all purposes as Exhlbit C (the "Proiect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, ro.ad, and drainage improvements. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C~ v~ Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI~ The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, jmprovement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other hannful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property ~ VII~ There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. 2 015815.00010:962758.01 VIII~ The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost.. IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $13,140,000.. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code (the "City's Consent")~ This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Fresh Water Supply District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815.000-10;962758.0 I RESPECTFULLY SUBMITTED and effective this j Pday of April, 2006. "OWNER" JNC Partners Denton, LLC a Texas Limited Liability Company ~~. John Lau, Manager By: THE STATE OF TEXAS COUNTY OF ~ S 9 9 This instrument was acknowledged before me on this the \th day of April, 2006, by John Lau, the Manager of JNC Partners Denton~ LLC, a Texas limited liability company, on behalf of said entity. LYNN HUDSON Notary PubHc, State of Texas My Commission Expires November 19 ~ 2008 NOtary~~ the State of Texas 4 0158"15.00010:962758.01 Exhibit A Metes and Bounds Descriotion of the Property BEING all that certain tract of land situated in the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447, Denton County, Texas and being all of a called 219.73 acra tract of land described in the Deed from Clara Tucker Testamentary Trust to C. Dean Davis as recorded In InstnJment Number 20CJ5..112203 of the Real Property Records of said County: the subject tract being mora particularly descnbed as foUows: BEGINNING at a 1/2 inch iron rod found In the East line of FM 2164 for the Northwest comer of said Dean tract and the Southwest comer of a called 643.298 acre tract of land described In the Deed from Dan Reding. Trustee 01 the MaJY Lou Reding Grantor Trust to Dan Reding as recorded rn Volume 4454. Page 2090 of said Real Property Records; THENCE North 88 degrGes 59 minutes 28 seconds East with the South Une thereof and the North lIne of said Dean tract along and near a fence a distance of 4291.31 feet to a wood fence comer post found an the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of said Dean tract and being on the West line of a gravel road posted" as Indian Wells; THENCe South 00 degrees 42 minutes 54 seeonds East'Nith the Wet line thereof and the East line of said survey and the East line of said Dean tract along and near a double fence B distance of 2639.70 feet to capped 112 inch Iron rod set In the bend of an asphalt road posted as Gribble SpringS Road and connects to said Indian Wells Road for the Southeast comer of said Dean tract; THENCE South 89 degrees 05 minutes 32 seconds West with the South line thereof and along or near the middle of said Gribble Springs Road passing an angle to the Northwest in said road at 2702 feet and continuing along said course a total distance of 3028.62 feet to a capped 1/2 inch Iron rod set in a fence in the occupied West line of said sUNey for the SOuthwest comer of said Dean tract; THENCE North 00 dt!!grees 57 minutes 28 seconds Westwith the West Une thereof passing said Gribble Springs Road at 43 feet and continuing along said course a total dIstance of 1384.22 feet to metal fence comer post found for the Nor1heaat comer of a called 15.00 acre tract of land desaibed In the Deed to Bobble JlI Trietsch as recorded in Volume 1793. Page 40 of said Real Property Records; TJiENCE South 89 degrees 23 minutes 13 seconds West with the North line thereof and a South Une of said Dean tract along and near a fence a distance of 1252.70 feet to a x-.tJe fence comer post for the most Westerly SouthWest comer of said Dean tract and the Southeast comer of a called 0..861 aae tract of land described in the Deed from Mortgage Bectronlc Ragistration Systems. In(1. to "Household Finance Corp. III 88 recorded in Instrument Number 2005-94382 of saId Real Properly Records; THENCE North 00 degrees 48 minutes 50 seconds West wlth the East fine thereof and a West line of said Dean tract along and near a fence a distance or 457. 71 feet to a 5/8 inch iron rod found fOt the North comer of said 0..861 acre"tract in the East line of said FM 2164 at the beginning of a ourve to the left having a radius of 955..37 feet and a chord bearing and distance of North 00 degrees 69 minutes 28 aea3n~, 122.86 feet; .TH~CE along said curve with said East line of FM 2164 an arc distance of 122..95 feet to a YJOOd ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East Une of FM 2164 and a West line"of said Dean tract a distance of 660.88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres of land more or less. Exhibit A 015815.000 1 O:9627S8~O 1 Exhibit B Master Planned Community Exhibit B 015815.00010:962758.01 Exhibit C 'Plan" for Development ofthe"P~ooerty Plan for Development. The Property shall be developed in accordance with Exh-ibit B and the development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Develooment"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federa11aw that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirem"ents in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. The minimum lot size shall be 4,000 square feet. 2) Lot Dimensions. The minimum lot width shall be 40 feet" There are no other minimum lot dimension requirements. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Covera~e. a) The maximum lot coverage is eighty percent (80%)~ Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements.. 7) Open Space. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property~ Exhibit C 015815.000 1 O=962758~O 1 S:\Our Doeuments\Ordinances\06\JNC Spedal District Petition-2.00C ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN APPROXTh1ATE 219 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY me PARTNERS DENTON, LLC; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 1, 2006 me Partners Denton, LLC (the "Owner") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district, and/or a water control and improvement district on approximately 219 acres of land owned by the Owner (the "Property") and located in the City's extraterritorial jurisdiction as more particularly described in the Requests which are attached hereto and made a part hereofby reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex~ Loc~ Gov't Code ch. 42 and Tex. Water Code chs. 49 and 54; and WHEREAS, the Requests include ~ttachments for a "master planned conununity" (Exhibit B) and a "plan for development" (Exhibit C) associated with the consent request; and WHEREAS, by letter of May 15, 2006, the Interim City Manager informed the Owner that the depiction of the master planned conununity and plan for development were not requirements for any permit, including but not limited to a request for consent to form a. special district pursuant to Tex. Loc.. Gov't Code sec. 42.042, and were not properly before the City; and WHEREAS, the City Council hereby .finds that the action taken by this ordinance 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 true and correct and are incorporated herein by reference. SECTION. 2~ The City's consent to the creation of the special districts described in the Requests is hereby granted. This consent is flot an approval of Exhibit B and Exhibit C to the Requests, which are hereby rejected and denie~ for all purposes. SECTION 4~ This ordinance shall become effective inunediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. S;\Our Documents'Ordinances\06\JNC Special District Petition-2.DOC ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY TORNEY BY: EULINE BROCK, MAYOR Page 2 of2 Exhibit A HUGHES I LUCE LLP ATTORNEYS AND COUNSELORS 301 Commerce Streett Suite 3000 Fort Worth~ Texas 76102 817.347.5279 21-4.939.5849 (fax) May 1, 2006 mlindelow@hughesluce.com Melissa Lindelow Governing Body of the City of Denton (the Mayor and City Council) cj 0 Jennifer Walters, City Secretary City of Denton 215 E. McKinney Denton, Texas 76201 R'~CEIV.ED MAY 0 1 2006 VIA CERTIFIED MAIL AND HAND DELNERY CITY OF DENTON LEGAL OEPTo Re: Requests for the Creation of Special Districts Dear Ms. Walters: Pursuant to the authority of Sections 42~042(a) and (b) of the Texas Lo~al Government Code and on behalf of the land owner, I am enclosing the following~ee requests (the "Requests") to the City Council of the City of Denton (the "City") related to an approximately 219-acre tract of land located wholly within the City's extraterritorial jurisdiction and identified by metes and bounds in the Requests (the "Property"): a request for the City's consent to the creation of a Municipal Utility District on the Propertyi a request for the City's consent to the creation of a Fresh Water Supply District on the Propertyi and a request for the City's consent to the creation of a Water Control and Improvement District on the Property. The Property will be developed using one or more of the three special districts referenced in the Requests. Each of the Requests includes a plan for development of the Property and vests rights pursuant to Texas Local Government Code Section 245.002(a)(2). i~w~ Melissa Lindelow cc: Edwin Snyder, City Attorney of the City of Denton ~ JNC Partners Denton, LLC c/o Jo1m Lau 015815.00010:966540601 REQUEST FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS 9 ~ COUNTY OF DENTON ~ TO THE HONORABLE MAYOR AND CITY.COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder - of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax. rolls of Denton CoUnty, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 54, and more specifically Section 54.016, by filing with the City of Denton (the "CitY') this request for consent to the creation of a municipal utility district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the DAVIS MUNICIP AL UTILITY DISTRICT OF DENTON COUNTY.. There is no other conservation or reclamation district in Denton County, Texas with that name. II~ The District shall be created and organized under the terms and prOVISIOns of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 54, together with all amendments and additions thereto~ The District shall have all the rights, powers, privileges, authority, and functions coriferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. TII. The District shall contain an area .of approximately 219.478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 015815.000 1 0:962609.01 for all purposes (the "Property"). All of the Property is within the City's extraterritorial jurisdiction ("ETr') and is not within the corporate limits or ETJ of any other municipality.. IV. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all, purposes.. More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Local Government Code.. The plan for the Project "requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements~ The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner " shown on Exhibit C. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas" Water Code including, but not limited to, the purchase, desigI4 acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other hannful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities;" (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the P~perty. VII.. There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas~ and will be developed for residential purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm. sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system., and drainage and- storm sewer system. 2 o 15815~OOO 10:962609.01 VIII ~ The proposed improvements are feasible and practicable~ There is an ample supply of water available, and the terrain of the Property is such that a waterworks system., a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and -Owner now estimates, from such information as is available at this time, that the cost of such work.will be approximately $13,140,000. x.. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code require the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or othenvise by operation of law under Section 42.042(c) of the Texas Local Government Code and Section 54.016 of the Texas Water Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permif'). Under Section 42..042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Municipal Utility District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 o 1 S815~O()() 1 0:962609.01 RESPECTFULLY SUBMITTED and effective this \ 'l~ day of April) 2006. "OWNER" JNC Partners Denton, LLC a Texas Limited Liability Company By: t--..1L------- John Lau, Manager THE STATE OF TEXAS COUNTY OF ~~ 9 ~ ~ This instmment was acknowledged before me on this the \2~ day of April) 2006) by John Lan, the Manager of JNe Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. , ~~"'~~;~~::"'~ LYNN HUDSON ~ $\~~~~~~..~~ NotarypubnC State of Texas ::o-~ ~ :. ' E. i : : :: My Commission xp;res \..$~; or....\t~$ November 19, 2006 #f'fmn\\'\ Not~~!k~ the State of Texas 4 015815.000 10:962609.01 Exhibit A Metes and Bounds Description of the Property BEING all that certain tract of land situated in the P. G. YARBROUGH SURVEY. ABSTRACT NUM"BER 1447, Denton County, Texas and being an of a caned 219.73 acre iraet of land described in the Deed from Clara Tucker T estamentary Trust to C. Dean Davis as recorded in InstnJment Number 2005-112203 of the Real Property Records of said County; the subject tract being more par11cularfy descnbed as foUows: BEGINNING at a: 1/2 inch iron rod found In the East line of FM 2164 for the NorttMtest comer of said Dean tract and the Southwest comer of a ceJled 643.298 acre tract of land described In the Deed from Dan Reding, Trustee 01 the Mary Lou Reding Grantor Trust to Dan Reding as recorded in Volume 4454. Page 2090 of said Real Property Records; " THENCE North 88 degnstBS 59 minutes 28 seconds East with the South Dne thereof and the North line of said Dean tract albng and near a fence a dJslanca of 4291.31 feet to a 'IJOod fence comer post found on the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of saId Dean tract and being on the West line of a gravel road posted as Indian Wells; THENCE South 00 degrees 42 minutes 54 seconds East With the Wet line thereof and the East line of said survey and tJ1e East lfoe of- said Dean Ifact along and near a double fence a distance of 2639.70 feet to capped 112 Inch Iron rod set In the bend of an asphalt road posted as Gribble Springs Road "and connects to said Ihdian Wells Road for the Southeast comer of said Dean tract; THENCE South ~ degrees 05 minutes 32 seconds West with the South line thereof and along or near the middle of saJd1 Gnbble Springs Road passing an angle to the Northwest in said road at 2702 feet and continuing along ~ course a tctal cUstanee of 3028..62 feet to a capped 1/2 inch iron rod set in a fence in the occupied West line of said surveyfor the Southwest carner of said Dean tract; THENCE North OQ degrees 57 minutes 28 seconds Westwith Ule West line thereof passing said Gribble SprJngs Road at 43 feet and continuing along said course a totaJ dlstanca of 1384.22 feet to metal fence comer post found for the Northeast comer of a called 15.00 acre tract of land desaibed In the Deed to Bobble J. Trietsch~ as recorded in Volume 1793, Page" 40 of said Rear Property Records: THENCE South 89 degrees 23 minutes 13 seconds west with the North fine thereof and a South line of said Dean tract afqng and near a fence a distance of 1.2S2.70 feet to a x...tfe fence comer post for the moat Westerly SouthWest earner of said Dean tract and the Southeast earner of a called 0..861 acre tract of land desa1bed in the Deed from Mortgage Bectronlc Registration Systems, Ine. to HQusehold Finance Corp. III M recorded in Instrument Number 20QS.94332. of said Real Properly Recards; THENCE North 00: degrees 48 minutes 50 seconds West With the East tine thereof and a West line of said Dean tract along and near a fence a distance of 457.71 feet to a 5/8 Inch" iron red fo'Und fot the North comet of said 0.861 acre tract in the East line of said FM 2164 at the beglnning of a curve to the left having a radfus of 955.37 feet and a chord bearing and distance of North on degrees 59 minutes 28 eocond::sJ 122.86 feet; ~THENCE along said curve with said East line of FM 2164 an arc distance of 122.95 feet to a YJDOd ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East Une of FM 2164 and "s West line of said Dean tract a distance of 660~88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres of land more or less~ Exhibit A 015815.00010:962609.01 Exhibit B Master Planned Community Exhibit B 015815.00010:962609.01 Exhibit C Plan for Develooment .ofthe PropertY Plan for Development. The Property shall be developed in accordance with Exhibit B and the development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled., in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In the preceding sentence, the terms "orders,.. regulations, ordinances, rules, e~piration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in thi~ Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. The rni.nimum lot size shall be 4,000 square feet.. 2) Lot Dimensions. The minimum lot width shall be 40 feet. There are no other minimum lot dimension requirements. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Landscaping. There; are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Ooen Space. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Pronerty Classificatibn. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property . Exhibit C 015815.000 1 O:962609~O 1 . . REQUEST FOR CONSENT TO THE CREATION OF A WATER CONTROL AND IMPROVEMENT DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS 9 9 COUNTY OF DENTON ~ TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, JNe Partners Denton, LLC (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 51 by filing with the City of Denton (the "City") this request for consent to the creation of a water control and improvement district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the DAVIS WATER CONTROL AND IMPROVEMENT DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II. The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42~042 and Texas Water Code Chapter 51, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, "the Texas Water Code, and all general laws applicable to the District. III. The District shall contain an area of approximately 219.478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the 015815.00010:962763.01 , ' District are described by metes and bounds. in Exhibit A attached hereto and incorporated herein for all purposes (the "Property")~ All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. IV~ The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached I hereto and incorporated herein for all purposes. More specifically, the Property will be developed with residential uses in accordance with the plan for development - attached hereto and incorporated herein for all purposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245~002(a-l)"ofthe Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements.. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C.. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and connnercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property.. VII. There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the 2 o 1581 s~ooo 1 0:962763.0 1 construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and stonn sewer system. VITI. The proposed improvements are feasible and practicable.. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost IX.. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $13,140,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a ''Permit''). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Water Control and Improvement District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project.. 3 015815.00010:962763.01 RESPECTFULLY SUBMTITED and effective this Il~ day of April, 2006. "OWNER" JNe Partners Denton, LLC a Texas Limited Liability Company By: ~ John Lau, Manager THE STATE OF TEXAS COUNTY OF IJaJiA;J ~ 9 ~ This instrument was acknowledged before me on this the \~ day of April, 2006, by Jo1m Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. ~,,,,\\~~l~t.,.,,, ~~~1--~~ ~. "'r. 0:. $~." ..~~~ i}~ .:~: ~. ; OF ,\t~$ , ".urm\\~ LYNN HUDSON Notary Public. State of Texas My Commission Expires November 19 p 2008 ~/~ Notary PublIC in and for the State of Texas 4 015815~OOO 1 O;962763~O 1 Exhibit A Metes and Bounds Description of the Property BEING all that certain tract of land situated In the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447. Denton County, Texas and being an of a called 21~l. 7S acre tract of land described in the Deed from Clara Tucker Testamentary Trust to C. Dean Davis as recorded in Instrument Number 20Q5.112203 of the Real Property Records of said County: the subject tract being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found 1n the East line of FM 2164 for the Northwest comet of said Dean tract and the Southwest comer of a called 643298 acre tract of land described In the Deed from Dan Redlngt Trustee of the Mary Lou Reding Grantor Trost to Dan Reding as recordtld in Volume 4454. Page 2090 of said Rea1 Property Records; THENCE North 88 degrees 59 mJnutes 28 seconds East with the South rine thereof and the North fine of said Dean tract along and near a fence a dlstance of 4291 ~31 feet-to a wood fence comer post found en the East rme of said Survey for the Southeast comer of said Reding tract and the Northeast comer of SaId Dean tract and being on the West line of a gravel road posted as Indian Welts; THENCE South 00 degrees 42 minutes 54 seconds East With the Wet line thereof and the East line of said survey and the East Una of said Dean tract along and near a double fence a distance of 2639.70 feet to capped 112 inch Iron rod set In the bend of an asphalt road posted as Gribble SprIngs Road and connects to said Indian Wells Road for the Southeast earner of said Dean tract; THENCE South 89 degrees 05 minutes 32 seconds West with the South fane thereof and along or near the middle of said Gribble Springs Road passing an angle to the Northwest in saId road at 2702 feet and continuing along said course a total distance of 3028oa62 feet to a capped 1/2 inch iron rod set in a fence in the occupied West line 01 saki surveyfor the SOuthwest earner of said Dean tract; THENCE North 00 degrees 57 minutes 26 seconds Westwith the West Dne thereof passing said Gribble SpringS Road at 43 feet and continuing along said courae a total distance of 1384.22 feet to metal fence comer post found for the Northeast comer of a called 15.00 scre tract of land desaibed In the Deed to Bobbie J. Tlietsch as recorded in Volume 1793. Page 40 of said Real Property Records; 1liENCE South 89 degrees 23 minutes 13 seconds West with the North Jina thereof and a South line of said Dean tract along and near a fence a dJstance of 1.252.70 feet to a x4lttfe fence comer post for the moat Westerly SouthWest comer of said Dean lrad and the Southeast earner of a caUed 0..861 acre tract of land descrjbed in the Deed from Mortgage Bectronlc Registration Systems, Ino. to Household Finance Corp. III as recorded in Instrument Number 2005-94332. of said Real Property Records; THENCE North 00 degrees 48 mJnutes 50 seconds West with the East line thereof and a West line of said Dean tract along and near a fence a distance or 457.71 feet to a SIB Inch iron rod found for the North comer of said 0..881 acre tract in 1he East line of said FM 2164 at the beginning of a curve to the left having a radius of 955.37 feet and a chord bearing and distance of North 00 degreei 59 minutes 28 8eCOnd3J 122..86 feet; THENCE along said curve with said East line of FM 2164 an arc distance of 122..95 feet to a YIOOd ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East Une of FM 2164 and a West line 01 said Dean tract 8 distance of 660.88 feet to the PLA.CE OF BEGINNING and enclosing 219.478 acres of land mare or less. Exhibit A 015815.000 1 0:962763.0 1 Exhibit B Master Planned Community Exhibit B 015815.00010:962763.01 Exhibit C Plan for .Deve~opment of the Propertv Plan for Develoument. The Property shall be developed in accordance with Exhibit B and the development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federa11aw that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. .In . the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit .C shall have the same meaning they have in the body of this Request. 1) Lot Sizes.. The minimum lot size shall be 4,000 square feet. 2) Lot Dimensions. The minimum lot width shall be 40 feet. There are no other minimum lot dimension requirements. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements.. 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Open Space.. There are no open space requirements~ 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ET] of the City; therefore, municipal zoning regulations do not apply to the development of the Property . Exhibit C o 1581 s~ooo 1 0:962763.0 I REQUEST FOR CONSENT TO THE CREATION OF A FRESH WATER SUPPLY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS S 9 COUNTY OF DENTON 9 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY' OF DENTON, TEXAS: The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder of title to a majority in value of the lands situated within the ''Property'' as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042. and more specifically Sections 42.042( a) and (b), and Texas Water Code Chapters 49 and 53 by filing with the City of Denton (the "City") this request for consent to the creation of a fresh water supply district (the "District'') in the City's extraterritorial jurisdiction (this "Reouest"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I.. The name of the proposed District shall be the DAVIS FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II. The District shall be created and organized under the terms and prOVISIons of Article XVI. Section 59, of the Constitution of Texas. Texas Local Government Code Section 42.042 and Texas Water Code Chapter 53, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority. and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. III. The District shall contain an area of approximately 219.478 acres of land. more or less. lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein o 15815~OOO 1 0:962758.0 1 for all purposes (the '"Prooertv").. All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. IV. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the '"Proiect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Local Govermnent Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C.. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax. rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including. but not limited to, the purchase, design, acquisition, construction, jmprovement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. 2 015815.00010:962758..01 VIII.. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost.. IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $13,140,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation oflaw under Section 42.042{c) of the Texas Local Government Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.. XII.. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Fresh Water Supply District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 o 15815~OOO 1 0:962758.0 1 RESPECTFULLY SUBMITTED and effective this J P day of April, 2006. "OWNER" JNe Partners Denton, LLC a Texas Limited Liability Company ~--- John Lan, Manager By: THE STATE OF TEXAS COUNTY OF {)aPitJ..JJ 9 9 ~ This instrument was aclrnowledged before me on this the lxh day of April, 2006, by John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. "",,""~V~::I~,;. ~ 5\(~.. .~ ,,(. ~ i~~.~ ..r~ \~;..- .. ~~~';$ """ (or '\ ~'!:t.';::' . #lIUIU'\.... LYNN HUDSON Notary Publio. State of Texas My Commission Expires November 19.2008 NOWy~~ the State of Texas 4 01 S 8-15.000 10:962758.01 Exhibit A Metes and Bounds Description of the PropertY BEiNG aU that certain tract of land situated In the PI G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447. Denton County, T exes and being aU of a called 219.73 acre tract of land described in the Deed from Clara Tucker Testamentary Trust to C. Dean Davis as recorded in Inswment Number 2005-112203 of the Real Property Records of said Cou nty; the subject tract being more particularly described as foI)ovvs: BEGINNING at a 1/2 inch iron rod found 1n the East line of FM 2164 for the NorttMlest comet at saki Dean tract and the Southwest comer of a caJJed 643.298 mete tract of land described In the Deed from Dan Reding. Trustee 01 the Mary Lou Reding Grantor Trust to Dan Reding as recorded In Volume 4454. Page 2090 of said Real Property Records; THENCE North 88 degrees 59 minutes 28 seconds East with the South line thereof and the North lIne of said Dean tract along and near a fence a distance of 4291..31 feet to a wood fence comer post found en the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of said Dean tract and being on the West line of a gravel road posted as Indian Wells; . THENCE South 00 degrees 42 minutes 54 seconds East with the Wet fme thereof and the East line of said survey and the East line of said Dean tract along and near a double fence a distance of 2639.70 feet to capped 1/2 inch Iron rod set In the bend of an asphalt road posted as Gribble SpringS Road and connects to said Indian Wells Road for the Southeast comer of said Dean tract; THENCE South 89 degrees 05 minutes 32 seconds West with the South line thereof and along or near the middle of said Gribble Springs Road passing an angle to the Northwest In saId road at 2702 faet and continuing along said course a 10taI distance of 3028..62 feet to a capped 1/2 inch iron rod set in a fence in the occupied West line of said sUJVeYfor the Southwest comet of said Dean tract; THENCE North 00 degrees 57 minutes 28 seconds Westwith the West line thereof passing said Gnbble Spi1ngs Road at 43 feet and continuing along said courae s total dIstance of 1384..22 feet to metal fence comer post found for the Northeast c:arner of a called 15.00 acre tract of land desaibed In the Deed to Bobbie J. Trietsch as recorded in Volume 1793. Page 40 of said Real Property Records~ THENCE South 89 degrees 23 minutes 13 seconds West with the North line thereof and a South line of said Dean tract along and near a fence a distance of 1252.70 feet to a x..tJe fence comer post for the most Westerly Soutnwest comer of said Dean tract and the Southeast comer of a called 0..861 acre tract of land described in the Deed from Mortgage 8ectronlc Registration SystemSt 1oe. to Household Fmance Corp. JIl aa recorded 1n Instrument NumbGr2005-94332 of said Real Property Records; THENCE North 00 degrees 48 minutes 60 seconds West With the East rme thereof and a West line of said Dean tract along and near a fence a distance of 457.71 feet to a 5/8 Inch Iron rod found for the North comet of said 0..881 acre tract in 1he East line of said FM 2164 at the beginning of a curve to the left having a radius of QS5.37 feet and a chord bearing and distance of North 00 degrees 59 minutes 28 aecon~, 122.66 feet ~TH~CE along said curve with said East line 0( FM 2164 an arc dIstance of 122.95 feet to a wood ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East. line of FM 2164 and a West line.of said Dean tract a distance of 660.88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres .of land more or less. .. Exhibit A 015815.000 1 O:9627S8~O 1 Exhibit B Master Planned Community Exhibit B 015815.00010:962758.01 Exhibit C -Plan- for Develoomen~ of the P'~ooertv Plan for Develooment. The Property shall be developed in accordance with Exhibit B and the development standards set forth in this paragraph and in subparagraphs 1.9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In. the preceding sentence, the tenns "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. The minimum lot size shall be 4,000 square feet. 2) Lot Dimensions. The minimum lot width shall be 40 feet. There are no other minimmn lot dimension requirements. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Open Soace. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property.. Exhibit C 015815.000 1 0:962758.01 S:\Onr Documents'Drd:inances\06\JNC Special District Petition.OOC ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN APPROXIMATE 219 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY JNe PARTNERS DENTON, LLC; AND PROVIDING AN EFFECTNE DATE WHEREAS, on May 1, 2006 JNe Partners Denton, LLC (the "Owner") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district, and/or a water control and improvement district on approximately 219 acres of land owned by the Owner (the "Property") and located in the City's extraterritorial jurisdiction as more particularly described in the Requests which are attached hereto and made a part hereofby reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex~ Loc.. Gov't Code ch~ 42 and Tex.. Water Code chs~ 49 and 54; an.d WHEREAS, the Requests include ~ttachments for a "master planned community" (Exhibit B) and a "plan for development" (Exhibit C) associated with the consent request; and WHEREAS, by letter of May 15, 2006, the Interim City Manager informed the Owner that the depiction of the master planned community and plan for development were not requirements for any permit, including but not limited to a request for consent to form a special district pursuant to Tex.. Loc~ Gov't Code see.. 42..042, and were not properly before the City; and WHEREAS, the City Council hereby finds that the action taken by this ordinance is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The findings and recitalions contained in the preamble of this ordinance are true and correct and are incoIporated herein by reference~ SECTION 2.. The City's consent to t~e creation of the special districts described in the Requests is hereby denied.. SECTION 3.. Exhibit B and Exhibit C.to the Requests are hereby rejected and denied for all purposes~ SECTION 4. This ordinance shall become effective immediately upon its passage and approval.. S:\Our Documents\Ordioances\06\JNC Special Oistrict Petitkm.DOC PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ SNYD R TY ATTORNEY BY: day of EULINE BROCK, MAYOR , 2006~ Page 2 of2 Exhibit A HUGHES I LUCE LLP ATTORNEYS AND COUNSELORS 301 Commerce Street, Suite 3000 Fort Worth , Texas 761 02 817~347.5279 214.939.5849 (fax) May I, 2006 ml i ndelow@hughesluce.com Melissa Lindelow Governing Body of the City of Denton (the Mayor and City Council) cj 0 Jennifer Walters, City Secretary . City of Denton 215 E~ McKinney Denton, Texas 76201 R'~CEtVED MAY.O 1 2006 VIA CERTIFIED MAIL AND HAND DELIVERY CiTY OF DENTON LEGAL DEPt. Re: Requests for the Creation of Special Districts Dear Ms. Walters: Pursuant to the authority of Sections 42.042(a) and (b) of the Texas Local Government Code and on behalf of the land owner, I am enclosing the followingtfu.ee requests (the "Requests") to the City Council of the City of Denton (the "City") related to an approximately 219-acre tract of land located wholly within the City's extraterritorial jurisdiction and identified by metes and bounds in the Requests (the IIProperty"): a request for the City's consent to the creation of a Municipal Utility District on the Property; a request for the City's consent to the creation of a Fresh Water Supply District on the Property; and a request for the City's consent to the creation of a Water Control and Improvement District on the Property~ The Property will be developed using one or more of the three special districts referenced in the Requests~ Each of the Re.quests includes a plan for development of the Property and vests rights pursuant to Texas Local Government Code Section 245~002(a)(2).. i~w~ Melissa Lindelow cc: Edwin Snyder, City Attorney of the City of Denton ~ JNC P'artners Denton, LLC c/o Jolm Lau 015815.00010:966540.01 REQUEST FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS 9 S COUNTY OF DENTON ~ TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton COlUlty, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42..042(a) and (b), and Texas Water Code Chapters 49 and 54, and more specifically Section 54.016, by filing with the City of Denton (the "City") this request for consent to the creation of a municipal utility district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: 19 The name of the proposed District shall be the DAVIS MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II. The District shall be created and organized under the tenus and proVlslons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 54, together with all amendments and additions thereto.. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the DistriCt9 III. The District shall contain an area of approximately 2199478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 015815.00010:962609.01 for all purposes (the "Property"). All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality~ IV. The Property is proposed to be developed as part of the master planned community depicted on Exhihit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Local Government Codew The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI~ The .general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other hannful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the P~operty. VII.. There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes.. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate watelWorks system, sanitary sewer system, road system, and drainage and. storm sewer system. 2 015815.000 1 0:962609.0 1 VIII. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work.will be approximately $13,140,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District XI. Section 42.042 of the Texas Local Government Co.de and Section 54.016 of the Texas Water Code require the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042( c) of the Texas Local Government Code and Section 54.016 of the Texas Water Code (the "City's Consent")~ This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Go.vernment Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Municipal Utility District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project.. 3 o 15 815~OOO 1 0:962609.0 1 RESPECTFULLY SUBMITTED and effective this '2.~ day of April, 2006. "OWNER" JNC Partners Denton, LLC a Texas Limited Liability Company By: ~1L---- John Lau, Manager THE STATE OF TEXAS COUNTY OF ~,.o 9 ~ ~ This instrument was acknowledged before me on this the \2! day of April, 2006, by John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. ~ ,,"\~V~U",f, LYNN HUDSON I l~~~?;. Notary Public: S~te of ~exas I 5 :.~~.: ~ My CommIssIon Exp,res \:~;;..\\~;;.~ November 19~ 2008 I ""'",f.~l\\\."" t II Notary~an~~ the State of Texas 4 015815.00010:962609.01 Exhibit A Metes and Bounds Description of the Property BEING all that certain tract of land situated In the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447. Denton County, Texas and being all of a calred 219.73 acre tract of land described in the OeecJfrorn Clara TUcker Testamentary Trust to C. Dean Davila! recorded in Instrument Number 2005-112203 of the Real Property Records of said County; the subject tract being more particularly described as foUows: BEGINNING at a 1/2 Inch iron rod found In the East line of FM 2164 for the Northwest comer of said Dean tract and the Southwest comer of a caned 643.298 acre tract of land described In the Deed from Dan R.edlng, Trustee 01 the Mary Lou Reding Grantor Trust to Dan Reding as reccrded in Volume 4454, Page 2090 of said Real Property Records; THeNCE North ~ degrees 59 mJnutes 28 seconds East with the South tine thereof and the North line of said Dean tract along and near a fence a distance of 4291.a31 feet to a wood fence comer post found on the East line of said Survey for the Southeast comer of said Redfng tract end the Northeast comer of said Dean tract and beIng on the West line of a gravel road posted as Indian Wells; THENCe South 00 degrees 42 minutes 54 seconds East With the Wet line thereof and the East line of said survey and the East line of said Dean tract along and near a double fence a distance 012639.70 feet to capped 1/2 Inch iron rod set In the bend of an asphalt road posted .as Gribble Spr1ngs Road and connects to said h1dian Wells Road for the Southeast comer of said Dean tract; THENCE South 89 degrees 05 mInutes 32 seconds West with the South line thereof and along or near the middle of said;Gribble Springs Road passing an angle to the Northwest In saJd road at 2702 feet and continuing along $lid course a 10taI distance of 3028.62 feet to a capped 1/2 inch iron rod set in a fence in the occupied Wesll1ne of said survey for the Southwest corner of said C.ean tract; THENCE North 00 degrees 57 minutes 2& seconds Westwith the West line thereof passing said Gribble SprJngs Road at 43 feet and continuing along said course a totaJ dIstance of 1384.22 feet to metal fence comer post found for the Northeast comer of a caJled 15.00 acre tract of land desaibed In the Deed to Bobbie J. Tlietsch.: as recorded in Volume 1793, Page.40 of said Real Property Records; 1liENCE South 89 degrees 23 minutes 13 seconds West with the North Jine thereof and a .South fine of said Dean tract afqng and near a fence a distance of 125.2~70 feet to a x..tie fence comer po$t tor the moat Westerly SouthWeSt QOIT1er of said Dean tract and the Southeast comer of 8 called 0.861 acre tract of land described in the Deed from Mortgage Bectronlc Registration Systems, Joe.. to Household F1nance Corp. 111 as recorded In Instrument Number 2005-943.32. of said Real Properly Records; THENCE North oo~ degrees 48 minutes 50 seconds West WIth the East line thereof and a West .line of said Dean tract along and near a fence a distance of 457.71 feet to a 5/8 Inch. iron rod found for tile North comer of said 0.861 acre tract in the East line of said FM 2164 at the beginning of a curve to 1he Jeft having a radius of 955..37 feet and a chord bearing and distance at North DO degr'ee$ 69 minutes 28 4econd:s1 12a86 feet; .THENCE along saId curve with said East I1ne of FM 2164 an arc distance of 122..95 feet to a wood ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East One of FM 2164 and .a West line of said Dean tract a distance of 660~88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres of land more or less. Exhibit A OlS81S.00010:962609~O 1 Exhibit B Master Planned Community Exhibit B 015815.00010:962609.01 Exhibit C Plan for Develooment .ofthe Property Plan for Development~ The Property shall be developed in accordance with Exhibit B and the development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Develooment"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that Exhibit B.ffinst be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall .be deemed non-material. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. The minimum lot size shall be 4,000 square feet 2) Lot Dimensions~ The minimum lot width shall be 40 feet. There are no other minimum lot dimension. requirements. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall include only the building footprint b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation.. There are no tree preservation requirements. 7) Open Soace. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property. Exhibit C 015815.000 1 0;962609.01 ~ ~., , - REQUEST FOR CONSENT TO THE CREATION OF A WATER CONTROL AND IMPRO"VEMENT DISTRICT IN THE CITY OF DENTONtS EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ 9 COUNTY OF DENTON ~ TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42..042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 51 by filing with the City of Denton (the "City") this request for consent to the creation of a water control and improvement district (the "District") in the City's extratenitorial jurisdiction (this "Request'"'), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I.. The name of the proposed District shall be the DAVIS WATER CONTROL AND IMPROVEMENT DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II.. The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 51, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, .the Texas Water Code, and all general laws applicable to the District.. III. The District shall contain an area of approximately 219.478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the 015815.000 1 0:962763.01 " District are described by metes and bounds" in Exhibit A attached hereto and incorporated herein for all purposes (the "Property"). All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipa1ity~ N~ The Property is proposed to be developed "as part of the master planned community depicted on Exhibit B attached 'hereto and incorporated herein for all purposes. More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245~002(a-l) of the Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements" The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements -above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and stonn sewer system, and the health and welfare of the future inhabitants of the District require the 2 015815.00010;962763.0 I construction, acquisition, maintenance, and operation of an ade.quate waterworks system, sanitary sewer system, road systetn, and drainage and storm sewer system.. VIII. The proposed improvements are feasible and practicable.. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost IX.. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $13,140,000. X... Owner requests consent to the creation of the District and the inclusion of the Property in the District.. XI. Section 42.042 of the Texas Local Govenunent Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42~042(c) of the Texas Local Govenunent Code (the "City's Consent").. This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42~042(d) of the Texas Local Govenunent Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for.authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation o.f the Davis Water Control and Improvement District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815.000 1 0:962763.0 1 RESPECTFULLY SUBMITIED and effective this 12~day of April, 2006. "OWNER" By: JNe Partners Denton,. LLC a Texas Limited Liability Company. JA----- John Lan, Manager THE STATE OF TEXAS IJ. COUNTY OF 9 9 g. This instrument was acknowledged before me on this the \2'!\ day of April, 2006, by John Lau, the Manager of JNe Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. ~...,\\~~t~b't"" ~~~"'~ ~ ..~ I't: ~ $~". ~.~~ - : : E \~~ /~$ ~;f)o... .~"\~$ iJ"r(tfl~ ~1\\~' LYNN HUDSON Notary Public~ State of Texas My Commission Expires . November19~2008 ~~ Notary PublIC in and for the State of Texas 4 01.5815.000 1 0:962763..0 1 Exhibit A Metes and Bounds Description of the Property BEING all that certain tract of land s1tuated jn the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447, Denton County, Texas and being sri of a caUed 219..7$ &era tract of land described in the Deed from Clara Tucker Testamentary Trust to C. Dean Davis as recorded In Instrument Number 20os.112203 of the Real Property Records of said County; the subject tract being more particularly descnbed as follows: BEGINNING at a 1/2 inch iron rod found In the East line of FM 2164 for the Northwest comet of said Dean tract and the Southwest comer of a caJfed 643.298 acre ~ of land described In the Deed from Dan Redlngt Trustee of the Mary Lou Reding Grantor Trust to Dan Reding 8$ recorded in Volume 4454, Page 2090 of said Real Property Records; THENCE North 88 degrees 69 minutes 28 .seconds East with the South fine thereof and the North lIne of said Dean tract along and near a fence a distance of 4291.31 feet to a wood. fence comer post found on the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of Said Dean tract and being on the West line of a gravel road posted as Indian Wells; THENCe South 00 degrees 42 minutes 54 seconds East With the Wet line thereof and the East line of said survey and the East line of said Dean tract aJong and near a double fence a distance of 2639.70 feet to capped 1/2 Inch Iron rod set in the bend of an asphaJt road posted as Gribble Springs Road and connects to said Indian Wells Road for the Southeasf comer of said Dean tract; THENCE South 89 degrees 05 minutes 32 seconds West with the South line thereof and along or near the middle of said Gribble Springs Road passing an .angle to the Northwest in said road at 2702 feet and continuing along said course a total distance of 3028.62 feet to a capped 1/2 inch iron rod set in a fence in the occupied West line of said survey for the. Southwest comer of said Dean tract; THENCE North 00 degrees 57 mInutes 26 seconds Westwitil the West line thereof passing said Gribble SprJngs Road at 43 feet and continuing along said course a totaJ dIstance of 1384.22 feet to metal fence comer post found for the Northeast comer of a called 15.00 acre tract of land desa1bed In the Deed to Bobbie J. Trietsch as recorded in Volume 1793. Page 40 of said ReaI.Property Records; 11iENCE South 89 degrees 23 minutes 13 seconds West with the North line thereof and a South line of said Dean tract along and near a fence a distance of 125.2.70 feet fa a x-tie fence comer post for the most Westerly SouthWest QOmer of &aid Dean tract and the Southeast comer of s caIled 0.861 acre tract of land described in the Deed from Mortgage EJectronrc Registration Systems, Ino, to Household Finance Corp. III as recorded in Instrument Number 2005-94332. of said Real Property Records; THENCE North 00 degrees 4S minutes 50 seconds West wfth the East fine thereof and a West line of said Dean tract along and near a fence a distance of 457. 71 feet to a 5/8 Inch Iron rod found fot U1e North comet of said O.8e1 acre tract in 1he East line of said FM 2164 at the beginning of a curve to lhe left having a radius of 955..37 feet and a chord bearing and distance of North 00 degrees 59 minutes 28 aeconcb, 122.86 feet; .THENCE along said curve with said East line of FM 2164 an arc distance of 122.95 feet to a vvood ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East Une of FM 2164 and a West line of said Dean tract a distance of aeO.88 feet to the PLACE OF BEGINNING and enclosing 219.478 acras of land more or less.. Exhibit A 015815.000 1 0:962163.0 1 Exhibit B Master Planned Community Exhibit B 015815.00010:962763.01 Exhibit C Plan for "Development of the Property " , Plan for Development. The Property shall be developed in accordance with Exhibit B and the development standards set forth .in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. "In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245~002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. The minimum lot size shall be 4,000 square feet. 2) Lot Dimensions. The minimum lot width shall be 40 feet There are no other minimum lot dimension requirements. 3). Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size.. 4) Lot Coverage. a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Lands caoin g. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Open Space. There are no open space requirements. 8) Park Dedication.. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property . Exhibit C 015815.000 1 0:962763.0 I REQUEST FOR CONSENT TO THE CREATION OF A FRESH WATER SUPPLY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS 9 S COUNTY OF DENTON 9 TO THE HONO.RABLE MAYOR AND CITY COUNCIL OF THE CITY" OF DENTON, TEXAS: The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions. of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 53 by filing with the City of Denton (the "City") this request for consent to the creation of a fresh water supply district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City COlUlcil of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the DAVIS FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY~ There is no other conservation or reclamation district in Denton County, Texas with that name.. II~ The District shall be created and organized under the terms and prOVISIOns of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42~042 and Texas Water Code Chapter 53, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the C.onstitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. III. The District shall contain art area of approximately 219.478 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto an.d incorporated herein 015815.00010:962758.0 I for all purposes (the "Propertv").. All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. IV. The Property is proposed to be develop.ed as part of the master planned community depicted on Exhihit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be developed with residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhlbit C (the "Proiect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245~002(a-l) of the Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements.. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. V9 Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas9 VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas. Water Code including, but not limited to, the purchase, design, acquisition, construction, jmprovement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property . VII. There is a necessity for the improvements above described in order to develop the Project. The Project is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential purposes. There is not available to serve the Project an adequate watenvorks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system., and drainage and storm sewer system~ 2 015815.00010:962758.01 VIII. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to detennine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $13,140,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District XI. Section 42.042 of the Texas Local Government Code. requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local Govenunent Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42~042(d) of the Texas Local Govenunent Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Fresh Water Supply District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015.815.00010:962758.01 RESPECTFULLY SUBMITTED and effective this J # day of April, 2006. "OWNER" JNC Partners Denton, LLC a Texas Limited Liability Company cJL --- John Lau, Manager By: THE STATE OF TEXAS COUNTY OF f)~ ~ 9 9 This instrument was acknowledged before me on this the \:rh day of April, 2006, by John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. ~,...\.\~~t ~::"" ~~51i~"~ ..~4t.(~ f~( ".1~~ \U'~~ ~.. ~ ~ ~~~~s . """/~,f,~,;\"'''''' LYNN HUDSON Notary Public, State of Texas My Commission Expires November 1 9. 2008 ~~ Notary Pu ic in and for the State of Texas 4 0158.15.00010:962758.01 Exhibit A Metes and Bounds Description of the Property BEING all that certain tract of land situated in the P. G.. YARBROUGH SURVEY. ABSTRACT NUMBER 1447. Denton County, Texas and being all of a called 219.73 acre tract of land described in the Deed from Oare Tucker Testamentary Trust to O. Dean Davi.sas recorded In Instrument Number2005-112203 of the Real Property Records of said County; the subject tract being more particularly described as foUows: BEGINNING at a 1/2 inch iron rod found in the East line at FM 2164 for the North\Nest corner of said Dean tract and the Southwest comer of a called 643.298 acre tract of land described In the Deed from Dan Red1ng, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding as recorded in Volume 4454. Page 2090 of said Real Property Records; THENCE North 88 degrees 59 minutes 28 seconds East with the South line thereof and the North line of said Dean tract along and near a fence a dJstance of 4291 ~31 feet to a wood fence comer post found on the East line of saId Survey for the Southeast comer of said Redlng. tract and the Northeast comer of said Dean tract and being on the West line of a gravel road posted as In.dlan Wells; THENCe South 00 degrees 42 minutes 54 seconds East with the Wet line thereof and the East line of said survey and the East line of said Dean tract along and near e double fence a dIstance of 2839.70 feet to capped 1 f2 inch Iron rod set in the bend of an asphalt road posted. as Gribble Spr1ngS Road and connects to said Indian Wells Road for the Southeast comer of sald Dean tract; THENCE South 89 degrees 05 minutes 32 seconds West with the South line thereof and along or near the middle of said Gribble Springs Road passing an angle to the Northwest In said road at 2702 feet and continuing along said course a total distance of 3028.62 feet to a capped 112 inch iron rod set in a fence in the oocupied West line of said survey for the Southwest corner of said Dean tract; THENCE North 00 degrees 57 minutes 26 seconds Westwith the West line thereof passing said Gribble Springs Road at 43 feet and continuIng along aid course a total d~stance of 1384..22 feet to metal fence comer post found for the Northeast comer of a called 15.00 acre tract of land desaibeclln the Deed to BObbre J. TrIetsch as recorded in Volume 1793. Page 40 .of said Real Property Reoords: THENCE South 89 degrees 23 minutes 13 seconds West with the North line thereof and a South fine of said Dean tract along and near a fence a distance of 1252.70 feet to a x~tie fence comer post for the most Westerly SouthWest eomer of &aid Dean trad and the Southeast comer of 8 caUed 0.861 acre tract of land described in the Deed from Mortgage 8ectronrc Registration Systems, Joe. to Household Finance Corp. III as recorded In Instrument Number 2005-94332. of said Real Property Records; THENCE North 00 degrees 48 minutes 50 seconds West VVIth the East line thereof and a West Une of aakf Dean tract along and n~ a fence a distance of 457.71 feet to a Sl8 Inch Iron rod found fot the North comer of said Oot8e1 acre tract in the East line of said FM 2164 at the beglmlng of a curve to the left having a radius of 955.37 feet and a chord bearing and dJstance of North 00 degrees 59 minutes 28 eecond:51 122.86 feet; THENCE along said curve with said East line of FM 2164 an arc distance of 122.95 feet to a wood ROW .marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East Une of FM 2164 and a West line.of said Dean tract a distance of 660.88 feet to the PLA..CE OF BEGINNING and enclosing 219.478 acres of Jand more or less. Exhibit A 015815.00010:962758.01 Exhibit B Master Planned Community Exhibit B 015815.00010:962758.01 Exhibit C 'Plan, for Development of the ~ooertv Plan for Development~ The Property shall be developed in accordance with Exhihit B and the development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federa11aw that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect.. To the extent that Exhibit B must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirem.ents in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such .adjustment or modification shall be deemed non-material. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request.. 1) Lot Sizes.. The minimwn lot size shall be 4,000 square feet. 2) Lot Dimensions.. The minimum lot width shall be 40 feet. There are no other minimum lot dimension requirements. 3) Building Size~ There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall include only the building footprint. b) There are no other lot coverage requirements, including but not limited to minimum or maximum lot coverage requirements. 5) Landscaping.. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Ooen Space. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Prop.erty is located entirely within the ETJ of the City; thereforet municipal zoning regulations do not apply to the development of the Property . Exhibit C 015815.000 1 O:962758~O I AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 DEPARTMENT: Legal Department CM/DCM/ ACM: Ed Snyder, City Attorney SUBJECT: An ordinance of the City Council of the City of Denton, Texas concerning the consent to the creation of a municipal utility district, a fresh water utility district, and/or a water control and improvement district on an approximate 623 acre tract of land located in the city's extraterritorial jurisdiction requested by White Cake Denton, L~P~; and providing an effective date BACKGROUND: On May 1, 2006 White Cake Denton, L~P~ ("White Cake'') filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district, and/or a water control and improvement district on approximately 623 acres of land owned by White Cake (the "Property") and located in the City's extraterritorial jurisdiction~ In your back-up you have two ordinances~ One consents to the creation of the special districts (Attachment 1) and one denies consent (Attachment 2)~ OPTIONS: 1. Pass the ordinance consenting to the creation of the special districts. 2. Revise the ordinance to consent to less than the tlrree requested special districts~ 3. Pass the ordinance denying consent to the creation of the special district. Respectfully submitted, Ed Snyder City Attorney S :\Our Documents\Miscellaneous\06\ White Cake Special District AIS.doc S:'Onr Documcnts\Ordinances\06\Wbite Cake Special District Pdition-2.00C Attachment 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND llvIPROVEMENT DISTRICT ON AN APPROXllvlATE 623 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY WHITE CAKE DENTON, L~P~; AND PROVIDING AN EFFECTNE DATE WHEREAS, on May 1, 2006 White Cake Denton, L~P. (the "Owner'') filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district, and/or a water control' and improvement district on approximately 623 acres of land owned by the Owner (the "Property") and located in the City's extratemtorial jurisdiction as more particularly described in the Requests which are attached hereto and made a part hereof by reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex. Loc~ Gov't Code ch.. 42 and Tex~ Water Code chs~ 49 and 54; and WHEREAS, the Requests include attachments for a "master planned community" (Exhibit B) and a ''plan for development" (Exhibit C and Attachment 1 to Exhibit C) associated with the consent request; and WHEREAS~ by letter of,May 15, 2006, the Interim City Manager informed the Owner that the depiction of the master planned community and plan for development were not requirements for any permit, including but not limited to a request for consent to form a special district pursuant to Tex. Loc. Gov't Code sec~ 42.042, and were not properly before the City; and WHEREAS, the City Council hereby finds that the action taken by this ordinance 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 true and correct and are incorporated herein by reference~ SECTION 2~ The City's consent to the creation of the special districts described in the Requests is hereby granted~ This consent is not an approval of. Exhibit B, Exhibit C, and Attachment 1 to Exhibit C to the Requests, which are hereby rejected and denied for all purposes~ SECTION 3.. This ordinance shall become effective immediately upon its passage and approval. S:\Our Doctunl!DtS\Ordinanccs\06\Whitc Cake Special District Petiuou-2. DOC PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: day of , 2006.. . EULINE BROCK, MAYOR Page 2 of2 S:\Our Docmnents'Drdinancmo6\White Cake Special District Petition.DOC Attachment 2 ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT, TO THE CREATION OF A MUNICIP AL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN APPROXIMATE 623 ACRE TRACT OF LAND LOCATED IN THE CITY'.S EXTRATERRITORIAL JURISDICTION REQUESTED BY WHITE CAKE DENTON, L~P~; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 1, 2006 White Cake Denton, L.P~ (the "Owner") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply, district, and/or a water control and improvement district on approximately 623 acres of land owned by the Owner (the "Property") and located in the City's extraterritorial jurisdiction as more particularly described in the Requests which are attached hereto and made a part hereofby reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex. Loc~ Gov't Code ch~ 42 and Tex.. Water Code chs~ 49 and 54; and WHEREAS, _ the Requests include attachments for a ''master planned community" (Exhibit B) and a "plan for development" (Exhibit C and Attachment 1 to Exhibit C) associated with the consent.request; and WHEREAS, by letter of May 15, 2006, the Interim City Manager informed . the Owner that the depiction of the master planned community and plan for development were not requirements for any permit, including but not limited to a request for consent to form a special district pmsuant to Tex.. Loc~ Gov't Code sec~ 42.042, and were not properly before the City; and WHEREAS, the City Council hereby finds that the action taken by this ordinance 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 true and correct and are incorporated_ herein by reference~ SECTION 2. The City's consent to the creation of the special districts described in the Requests is hereby denied~ SECTION 3~ . Exhibit B, Exhibit C, and Attachment 1 to Exhibit C to the Requests are hereby rejected and denied for all purposes~ SECTION 4.. This ordinance shall become effective immediately upon its passage and approval~ S:\Our Doeuments\Ordinances\06\White Cake Special District Petirion.OOC PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: day of , 2006. ,EULINE BROCK, MAYOR Page 2 of2 Exhibit A HUGHES I LUCE LLp. ATTORNEYS AND COUNSELORS 301 Commerce Street, Suite 3000 Fort Worth, Texas 76102 817.347.5279 214.939..5849 (fax) May 1/ 2006 ml i ndelow@hughesluce.com Melissa Lindelow VIA CERTIFIED MAIL AND HAND DELIVERY Governing Body of the City of Denton (the Mayor and City Council) cj 0 Jennifer Walters, City S.ecretary City of Denton 215 E~ McKinney Denton, Texas 76201 Re: Requests for the Creation of Special Districts Dear Ms~ Walters: Pursuant to the authority of Sections 42.042(a) and (b) of the Texas Local Government Code .and on behalf of the land owner, I am enclosing the following three requests (the IIRequests") to the City Council of the City of Denton (the "City") related to an approximately 623-acre tract of land located wholly within the City's extraterritorial jurisdiction and identified by metes and bounds in the Requests (the "Property"): a request for the City's consent to the creation of a Municipal Utility District on the Property; a request for the City's consent to the creation of a Fresh Water Supply District on the Property; and a request for the City's consent to the creation of a Water Control and Improvement District on the Property. The Property will be developed using one or more the three special districts referenced in the Requests~ Each of the Requests includes a plan for development of the Property and vests rights pursuant to Texas Local Government Code Section 245.002(a)(2). Sincerely, ~nL '-t~ Melissa Lindelow cc: Edwin Snyder, City Attorney of the City of Denton v---- White Cake Denton, L~P~ cj 0 Kerry Scott 015815.00010:958365.01 REQUEST FOR CONSENT TO THE CREA~ON OF A FRESH WATER SUPPLY DISTRICT IN THE CITY OF DENTON'S EXTRA TERRITORIAL JURISDICTION COUNTY OF DENTON ~ ~ ~ THE STATE OF TEXAS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L..P.. (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 53, as amended, by filing with the City of Denton (the "City") this request for consent to the creation of a fresh water supply district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the REDING RANCH FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II. The District shall be created and organized under the terms and prOVIsIons of Article XVL Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 53, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District.. ffi. The District shall contain an area of approximately 623.21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein I" 015815..000 1 0:958217..01 for all purposes (the "Property"). All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. IV.. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be developed with commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Pro1ect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245~002(a-l) of the Texas Loc.al Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit c. v.. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas~ VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and relate.d interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the development of the Property to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes.. There is not available to serve the Project an adequate watelWorks system, sanitary sewer system, road system, or drainage and storm sewer system, and the h.ealth and welfare of the future inhabitants of the 2 015815.000 1 0:958217.01 District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system.. VIII. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX~ A preliminary investigation has been made to detennine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code (the "City's Consent"). This Request constitutes an application for a permit, which pennit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.., xu. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton giv"e its written consent to creation of the Reding Ranch Fresh Water Supply District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815600010:958217..01 RESPECTFULLY SUBMITTED and effective this -\l- day of April, 2006, THE STATE OF TEXAS COUNTY OF Dallq s ~ ~ ~ "OWNER" WHITE CAKE DENTON, L.P., a Texas limited p"artnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner ;f /J" f . A. AA '" t? _____ By: ~ CA./"~ J. Christopher Dee, Manager This instrument was acknowledged before me on this the I /'ftc- day of April, 2006, by J, Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P " a Texas limited partnership, on behalf of s ~ ~ JOANNE CRAIKER No~ry PubJic. State of Texas IVlY Commiseion Expires February 02, 2010 4 015815.00010:958217.01 Exhibit A Metes and Bounds Description of the Property DESCRIPTION. Tract 1 205~OO ACRES All that .certain tract of lan~ siwdted in the John Morton .SurVey, Abstract Number 792. Denton County. Texosll and 0 part of Q called 643~298 acre tract. of ICJnd. described in o. d.eed from Dan R4!tdin9t Trustee of the Mary Lou Reding. Grantor Trust to Dan ~eding recorded in Volume 4454. Page 2090. Reol Property Records .of Oen,ton Countyt. Texas, bnd being more particularly. described as foUows: COMMENCING from a. pipe fence corner post at the recognized and occupied Northeast comer of said Reding tract; IHENCE South 00 Degrees 23 Minutes 08 Seconds East a distance of 1175.51 feet to 0 cappep iron rod found for 0 corner. and being the Point of .Beginning of ~ the herein descn1)ea tract and being the Southwest (f:orner of Lot 1 Block 008 Nye Addition. an addition in said-qounty. as . shown on the Plot thereof recorded in CQbinet G Page 213 Plot Records Denton Co~.nty. Texa,;; TH'ENeE North 89 Degrees 24 Minutes 17 Sec.onds East Q diston.ce of 5.09 feet to Q 1/2- iron rod found for comer; THENCE · South 00 Degrees 01 Minutes 41 Seconds West continuing y.lith the East .line of said Reding tr.oGt olong Qr near o. fence 0 distance .of 1229.76. feet -to Q capped iron rod foUAd for the Southeast comer of the herein described trQct; THENCE South 89 Degrees 48 Minutes 35 Seconds West with a line parallel with the North line of said Reding tract with 0 line severing said Reding troel a distance of 5200..28 feet to 0 capped iron rod found in. the West . line or .soid tract and the East right-of-way line of F..M. Rood 2164 in 0 .non-tangent curve to the left .havihC} 0 radius of 1186..30 feet: THENCE in 0 Northeasterly directiOn olong the arc. of said curve with tbe East right~of-woy line of 'said r.M. Road an arc distance of 644..90. feet (chord "bearing of North 16 Oegr-ees 28 Minutes 45 Seconds East a. distance of 636.99 feet) to a copped i~on rod found for comer; ltfENCE North 00 Degrees 54. Minutes 20 Seconds Eost with the East right-of-way line of said FJA. Roa~ a ff'rstance -of 333.40 feet to a capped iron rod found the most Wester1y Northwest comer of said Reding tract. being the- Southwest .comer of Wild West Addition c.n addition in said County. according to the Plat. thereof recorded in Cobinet G pqge 150 Plat Records; THENCE North 89 O~rees ~6 Minutes 44 ~ond$ .East with the South line of said Wild west Addition and 0 North line of said Reding. tract. along or near 0 fefree a _ distance of 1565.04- feet to 0 metal -t" post fence. co.mer found for the Southeast Correr of said Additio~: ". THENCE. North 00 Degrees 12 Minutes. 04 Seconds .EG.st wjth the. East Ime thereof. and ~the most Northerly West line of said Reding ttact 01009 .or. hear p fence 0 di,tonce of 1460.86 feet to a capped iron rod found for the Northerly "most Northwest corner - of $Oid Reding .tract: THENCE North 89 Degrees 48 Minutes 35 Seconds . East with the North. ~ line thereof along or near 0 fence 0 distance .of 2690..63 fettl t9 at capped. iron rod foUJ'ld at. the Norttlwest cpmer 'of Q 2E> ocre troct sUrVeyed under !he di~n and supervision of .JL .lnompson. ~n 7 /18/05: . - THENCE South 00 Degrees 2.3 Uinutee 08 .Seconds E<<:tSt with .the W~t fine thereof.~ Q distance of 1175.51 feet to B copped- iron rod set for the. Southwest comer of said 2.0 OCl'Wl ~et; . 1HENCE North 8~ Degrees 48 Minutes. 35 Seconds Eost with the Souih line. thereof. a . distanCe of 7~1.1.3 feet tb the PlACE OF BE;GINNING ond endoaing205.00 oi:res of icJnd; mQre or less. Exhibit A - Page 1 015815~OOOlO:958217 ~Ol DESCRIPTION Tract 2 203..00 ACRES All that certain troct of land situated in the J9hn..Morton Survey. Abstract Number 792. and the P. Yarbrough Survey. Abstract Number 1447. the Yf. Norment Survey. Abstract. Number 965 and the J.W.. Jogoe Survey., Abstract Number '.640 Denton County, Texas. and a part of Q coned . 643.298 acre tract. of fond described in 0 deed from Don Reding. Trustee of the Mary Lou Redi"9 GrOl1tor Trust to Don Reding reGorded in Volume 4454, Poge 2090,. Reol Property Records of Denton County, Texas. and being .more porticularly described.os follows: BEGINNI.NG for the Southeast comer of the tract ~ing described herein at d. point at the base of an oJd :fence comer post f6r .the most Easterly South.eaSt comer .of said Reding . tract and being 'the recognized and occupied Southeast comer of sqid Morton Survey; THENCE North 86 Degrees 42 Minutes ~O Seconds. West with the South. tine of said Morton Survey and olong or near 0 fence <1 difb,once of ~069~34 feet- to 0 point at the base of an oid fence comer post in the East line of said Yarbro$Qh Survey of a re-entront comer of said Reding tract; , + THe:NC~ South 86.Degrees 49 Minutes 33 Seconds West. wit~ a line severing said Reding tract o. distance of 4284.78 feet to a copped iron tod. fQsnd in the West -line of so.id Reding . tract and the East righ~-of-woy line of F.M. Rood - 2164; · THENCE in 0 general Northeasterly direction with- the Eclst right-of-way line of said F.M. Rood the foJlowing 6 courses and distances;' . -. . I 1.) North 00 Degrees '14 Minutes 40 Seconds West a distance of 120.62 feet to 0 capped iron rod found for the beginning <?f 0 curve .to the rj9~t having 0 .radius of 1076.30 feet; 2.) dlong the arc of said curve an arc distance of 327.60 feet (chord bearing North 08 . Degrees 28 Minut~ 31 Secoo.ds East 0 distance " 326..34 feet) to a capped iron rod found for the end of said curve; . 3.) North 05 Degrees 36 Minutes 52 ~Seconds Ecp$t, 0 distance of 101..94 feet to 0 copped iron rod set for the be~inning of a non-to.ngant cu.rv~.~t~ the right having a radius of 1101.30 feet: 4.) along the arc of said c~rve- an arc dtstaoce{ of 649.51 f~t (chord bearing of North 39 Degrees 17 Minot~ '35 Seconds East 0 di$tance CJ '640.14 feet) to a capped iron rod. found; 5.) North 56 Degrees 11 'Minut~ 20 Seconds. ~Clst t1 distance of 404.80 feet to d capped~ iron rod set for the beginning. of 0 curve to "the. left bQYlng a radius of 1186.3Q feet; 6.) along the orc of said curve on arc dist.9nce. of 4~9.74: feet (chord bearinS) of North 44- Degrees 07 Minutes 15 Seconds East a distal14;8 of 496.05 feet) to 0 copped -iron rod.. ~founa for the .Northwest _comer of the herein described noet; , . THENCE North 89 pegrees 48 Uinute$ 35 Seconds. East with a line severing said ~ Reding tract a distQnce of 5200.26 feet to 0 capped. iron rod. fcond. in ihe East .line of said Reding tract and said Morton Surv~ · .THENCE South 00 1>egrees 01 t,tinut$S 4.1.. Second~~ West .with said East line along or near '0 ~ fence a distance of ~ 520.56 teet - to ,the ,PLACE OF BEGINNI.NG and encfosJng 203-.00 Qcres of laad. . ... Exhibit A - Page 2 015815.000 10:958217.01 DESCRIPTION Tract ~ . 215.21 · ACRES. All .that certain tract of land situated in ~he P. Yarbrough S~rveY. Abstract Number 1447. Denton County, Texas, and a part of a called 643..298 acre tract of land described in ci deed~ frotn~. Dan Reding. trustee of the "Mary Lou Redin.g. Gront()r Trust. to Oon Reding -:eco.rded in Volume 4454. Page 2090, Redl Property Rec"ords of f)ent()n. County, Texas. and being more particularty described . as follows: . . BEGINNING for the .w.Southwest comer of the tr(Jet being described herein at 0. cdpped i(On rod found in the East right-ot-wciy n.ne of F..M.. Road. 2.,64' at the Southwest corner of -said .Reding tract; · . THENCE ~North 00 Deg.rees 14 Minutes 44 Seconds West with the Eost rlght'="of-way line of s.ald F.M. Road along or near Q ~fence a distance of 1147..12. feet to a capped iron rod found foy: comer: THENCE North 1"3 ,Degrees 47 ;Minutes 30 Seconds .East with the East right-af-way line of sqid F~M. Road a distance) of ta5J)8 feet to~. 0 copped iron. rod fotJrid for corner: THENCE North 00 Oegrees 14."Minutes 40 Seco.nds West continUing *ith the East right7of-~ line. of said F.M. Road a diStance. of 830.48 feet to 0 copped iron. rod four)d' fpr the NoFtJ\West comer of the herein described tract; . THENCE North 86 .Degrees 49 Mif)utes 33 SecOhd$ Eost. with a .line ~enng said ~eding tract 0 distance of 4284.78 feet to the bose of an old fence comer post in the East line of .Said Survey; THENCE South 00 .Degrees 02. Minutes. . 21 Sicond~ West with said Survey lirre oIong or Mior a fe.nee a distance. qf 2296.05 teet to a fence comer post. found. for the. SoutheO$t comer of said Reding tract; .. . THENCE South 89 :Degrees 44 ~ Min.utes 52 Seconds. west . with the. South line thereof oJ~oi:tq or: near Q fence a distance .of 4292.79 .feet to. the PlACE OF BEGINNING. and + tlnclosing 2.1.5.21 acres of land.. Exhibit A - Page 3 015815.000 10:958217.01 Exhibit B Master Planned Community Exhibit B - Page 1 015815.00010:958217.01 Exhibit C Plan for Development of the Property Plan for Development.. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect.. To the extent that the plan on Attachment 1 must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes.. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty_-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. c) There is no other lot size requirements for any lot.. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use. e) There are no other lot dimension requirements for any lot.. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements.. b) The maximum lot coverage requirement for a single family or duplex us.e shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use.. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot.. Exhibit C - Page 1 015815~OOO10:958217 .01 5) Landscaping.. There are no landscaping requirements.. 6) Tree Preservation.. There are no tree preservation requirements. 7) Open SDace~ There are no open space requirements.. 8) Park Dedication.. There are no park dedication requirements. 9) Prooerty Classification.. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property.. Exhibit C - Page 2 015815..00010;958217~Ol Attachment 1 to Exhibit C -"" .-r-- .~. . l ~. , ....._ I ~ U. 711:::f.::J/tN J - 1Jt:'++- ru ! - -', 'I 11 /~ " I=l D~,~~/L'""l,;f3 'Ii e e; So~!) ,/ ~"" ..i.": :!. , ,JI .... ~"'~ ..' '. _, [; ~~. ~~ '> ,,%J ~j~~~ ~ n t; ~ I fie 1_'0 ,. .1 c...... .:;;.'..... .~, i./t..)' l' ~ ~ "'A. ;;;~ c::c: )C I.. ! :}/ / ~'+;.-.~.1r. ::~.\ \ . :4~ 1 ;!. ..-.: . · ,"" ....~ ~ "h ~)~..... ~ ,)I:J. a: $i ~ .L I 15. ;':'. '--~ '1:l1. I .t.fi!l: U ,d I- .. · '. ~ ~ ~ ~ i\ ~ I- it ~_~--L-~~~~ · .11!f. ..~ ~= ; ....., · .~~~ ~. /L'J~ ~ ~-- C) ~ I .: J .. - ... T ~ .. -: +. . ~~ ~ .~ iiC ~ = ~ ~ , ~ >:: ~("<:A ~. 'z I; U i I · . 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("" \ ' \ ~w / r. - .... _ ... ~ ~f ( t' '~/ ~ L +.. - '. " _" \ .. - .. . - . i (.. .... .-_. . ,- ~.ill .. ~ ~ '--.. . \......! ~ f~ \., . -, .:"~- 't:;; ~ -=''::'~~-~I'~_...- -:. ~l c::..~ ~. . _" . . ' '-.' :'. :: ~ -\ ~ : It V : ~ ~ '. \ I.. _ \'-'. ~ I. \ \"~~:,, '\ '1 -" . ...~::.. .\ .. - -'\' ... '. "\ ' ) I, <'''. - " 'tr.- ' .. ., -' . · . {'. ~ \ ..'" . ... _ ~\~ 'ou ~ I r - ... .. ...... ......., \.. . ll~. f U11p.1 J jlile r ... - ~ -~ ~~ i J I ~ ...'. =." =- -=-...:= - 11'1....... ____ .... ........._ ~.. ._ Attachment 1 Exhibit C - Page 1 015815.000 10:958217.01 REQUEST FOR CONSENT TO TIlE CREATION OF A MUNICIPAL UTILITY DISTRICT IN THE CITY OF DENTON'S EXTRA TERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ ~ COUNTY OF DENTON TO THE HONORABLE MA YOR AND CITY COUNCIL. OF THE CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L~P~ (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 54, and more specifically Section 54.016, by filing with the City of Denton (the "City") this request for consent to the creation of a municipal utility district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I.. The name of the proposed District shall be the REDING RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II~ The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59" of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 54, together with all amendments and additions thereto.. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District.. III. The District shall contain an area of approximately 623..21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 1 015815~OOO10:958195~04 for all purposes (the "Propertv").. All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. N~ The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein. for all purposes. More specifically, the Property will be developed with commercial and residential uses in accordance with the plan for development attached hereto and incotporated herein for all pwposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245..002(a)(2) and 245.002(a-l) of the Tex.as Local Government Code.. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements.. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C.. v.. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas.. VI.. The general nature of the work proposed to be done by the District at the present time includes all work. that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the development of the Property to include the following: (i) waterworks .and sanitary sewer systems for domestic and commer~ia1 pwposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, frre, and emergency services for residents within the Property, including the financing of rue-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements above described in order to develop the Project.. The Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes.. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. 2 015815.000 1 0:958195.04 VIII. The proposed improvements are feasible and practicable.. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost.. IX.. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District.. XI. Section 42.042 of the Texas Local Government Code and Section 54..016 of the Texas Water Code require the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local.Government Code and Section 54.016 of the Texas Water Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42..042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Redin.g Ranch Municipal Utility District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure,. and relief as are proper and necessary and appropriate to the purpose ofsorganizing the District and developing the Project.. 3 o 1581SJ)JO 10:958195.04 RESPECTFULLY SUBMITTED and effective this .1L day of April. 2006. THE STATE OF TEXAS COUNTY OF ~ II q$ 9 ~ ~ "OWNER" WHITE CAKE DENTON, L..P., a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: J. y~ This instrument was acknowledged before me on this the / I ~ day of April. 2006. by J.. Christopher Dance, the Manager of White Cake Denton .OP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L..P., a Texas limited partnership, on behalf of said entity.. ~"tfI,,~ .~.~~':~.Y ~t~t~ ~'t ~}"i ~~. l~ E ~,:.";o;\~~~ :tt;"nl'\~ JOANNE CRAJKER Notary Pubfic, Stat. of Texas My Commission Expires February 02. 2010 Public in and for eState of Texas 4 015815.000 1 0:958195.04 Exhibit A Metes and Bounds Description of the Property DESCRIPTION. Tract 1 205.00 ACRES All that .certain tmct of lan4 situated. in the John Morton Su.rvey, Abstract Number 792. Denton County. Texas. and 0 part of 0 co.lled 643.298 acre tract of I.and- described in 0 deed from Don Rt:ding. Trustee 0.1 the Mary Lou Reding Grantor Trust to Don Reding recorded in Volume 4454, Page 2090. Real Property Records of Den,ton Countyt~ Texas, bnd being more particularly described as follows: COMMENCING from a. pipe .fence corner post at the recognized and occupied Northeast corner of said Reding tract; IHENCE South 00 Degrees 23 Minutes 08 Seconds East a distance of 1175.51 feet to G cappep iron rod fGijnd for 0 corner. and being the Point of Beginning of' the herein describea tract and being the Southwest cromer of Lot 1 Block One Nye .Addition. an addition in said- (!ounty. as . shown on the Plat th~reof recorded in .Cqbinet G Page 213 Plat Records Denton Co~nty. Texa~;; TH'ENCE North 89 Degrees 24 Minutes 17 Seconds East 0 disto.n.ce of 5.09 feet to Q 1/2- iron rod found for comer; THENCE'South 00 Degrees 01 Minutes 41 Seconds West continuing )Vith .the East line of said Reding tract along or near 0 fence a distance of 1229.7.6 .feet to t;I copped. iron rod foUAd .for the Southeast corner of the herein described troct; THENCE South 89 Degrees 48 Minutes 35 Seconds West .with (] line partJlIel with the North tine of said Reding tract with 0 line severing said Reding tract a distance. of 5200~28 feet to 0 capped iron rod found in. the West line o~ said tract and the East right-af-way line of F.M~ Road 2164 in 0 .non-tango.nt curve to the left hovihg- Q radius of 1186.30. feet: THENCE In a Northeasterly directiOn along the arc of said curve with the East rig"ht-Jof-way line of said P.M.. Rood on arc distance of 644..90. feet (chord. .bearing of North 16 Degrees 28 Minutes 45 Seconds East Q, distance of 636.~99 feet) to a copped i~on rod found for comer; THENCE North 00 Degrees 54 Minut.es 20 Seconds East with the East right-af-way ~ne of said F..M, Roa~ a cf'lStance .of 333.40 feet to a eapped iron rod found the most Westerly Northwest corner of said Reding tract. being the.. Southwest comer of Wild West Addition an addition in said County_ according to the Plat thereof recorded. in CQbinet G Pqge 150 Plat Records; THENCE North 89 Degrees .46 MinUtes 44 Seconds East with the South line of said Wild West Addition and a North line of said Reding tract alon.g or neor Q fenee .Q distance of 1565.04 feet to 0 metal -t- post fence corner found for the SoUtheast. cor,.r of said Additio~: ~ THENCE. NOrth 00 Degrees 12 Minutes 04 Seconds East with the Eagt tine thereof. and .the roost Northerly West Une of said Reding ttoct olong or hear 9 fence 0 di,tonce of 1460..S6 feet to 0 capped iron rod found for the Northerly 'most Northwest corner. of 80id Reding. tract; THENCE North 89 Degrees 48 Minutes 35 Seconds. East with the North ~ tine thereof 01""9 or near 0 fence 0 distance of 2690~63 feet t9 at capped. iron rod fOUJld at. the Northwest C$)mer .of 0 20 acre tract sUrVeyed under !he .di~ion and supervision of 'J.E. tnompson . "On 7/18/05: . . TIiENCE South 00 Degrees 23 hfmutes 08 .Seconds Enst ..with ~th.. WElSt fine thereoft~ a distance 01 1175..51 feet to (J capped~ iron rod set for the Southwest comer of said. 20 ocna trsret: THENCE North. 8Q Degrees 48 Minutes 35 Seconds East with the South fine. thereof, a .distanCe of 7.c1: 1 .. 1.3 feet to the PlACE Of BEGINNING and enclosing" 205.00 ai:res of ia.nd; more or .Iess.. Exhibit A - Page 1 o 15815~OOO 1 O:958195.~04 DESCRIPTION Tract 2 203..00 ACRES All that. certain tract of land situated in the J9nn..MortQn Survey? Abstract Number 792. and the P. Yarbrough. Survey, Abstract .Number 1447, the W. Norment Survey, Abstract. Number 965 and the J.y!.. Jagoe Survey,? Abstract N.lJmber .1640 Denton County, TexQs. and a part of 0 coiled . 643.298 acre tract. of fond described in Q deed from Dan Redin.97 Trustee of the Mary Lou Reding Grof'!tor Trust to Don Reding reqorded in Volume 4454, Page 2090, Reol Property. Records of Denton County, Texas. .and being more particularly desCribed.08 follows: . , BEGINNING for the Southeast comer o.f the .tract bt;!ing described herein at d~ point at the base of an <>Jd :fence corner. post for "the mOst Eosteny Southeast comer of .soid. Reditlg tract and being 'the recognized and occupied Southeast comer df sqid Morton Survey; THENCE North 86 Degrees 42 Mjnutes ~O Seconds west with the South tine of said Morton Survey end oIong or near 0 fence .0 df~ance of ~069.34 feet~ to a point.at the base of on oJd fence co.mer post in the East line of said Yarbro,gh Survey of. a re-entront comer of said Reding tract; · . THENC~ South 86 Degrees 49 Minutes 33 Seconds West. wjt~ a line severing said Reding tract a distance of 4284..78 feet to a capped iron roo fQ!nd in the West line of said Reding tract and the East righ~-of-way line of F.U.. Rood. 2164; · THENCE in 0 generaf Northeasterly aRCtion with~ the East right-af-way line of said F.U. Rood the following 6 courses and diStances:' -'. 1.) North 00 Degrees +14 Minutes 40 Seconds West a distance of 120.62 feet to 0 capped iron rod .found for the beginning f?f 0 curve to the. rigtp.t having 0 radius of 1076.30 feet; 2.) dlon9 the arc of said cutve an Ore distance of. 327..60 feet (ch.ord bearing North 08 Degrees 28 Minu~es 31 Seconds East 0 distance ;r 326lr34 feet) to a copped iron rod found for the end of said curve; . 3.) North 05 Degrees 36 Minutes 52 -SecOnds Eq.$t a .distance of 101.94 feet to 0 capped iron rod set for the beginning of. a non-tongant. curv~: tQ the right having a radius of 1101 .30 feet; 4.) along the arc of said c~rv~ an orc distoncef:>1 649.51 ft:Jet {chord .bearing of North 39 Degrees 17 Minut. .35 Seconds East 0 di~ance .(;1 "640.14 feet) to o. copped iron rod found; S..) N.orih 56 Degrees 11 'Minut~ 20 Se60ndt{ ~GSt. a distaooe..nf 404.80 feet to CI capped~ iron rod set for the beginning of 0 curve to the left liQving Q radius of 1186.3Q feet; 6.) along the arc. of $aid curve an .arc dist9nee. of 4~9.74.~ feet (chord bearinSJ of North 44- Oeg.rees 07 Minutes 15 Seconds East. Q distonc;e of 496.05 feet) to 0' copped 'irott rod. founa for the Northwest comer of the herein describerci tr:oct;. . THENCE North 89 Degrees 48 Minule$ 35 Seconds East with 0 line sever1ng said. R&cfing troct a distQnee of 5200.28 feet to 0 copped. iron rod fCllnd In 1he East line of $Oid Reding tract and said Morton Survey;. . · . . iHENCE South 00 -pegrees 01 Minutes 41. Second~.West with said East line along or near 0 . fence a distance of ~ 520..56 feet to ~the PlACE Of. BEGfNNING and enclosing 203~'()O acres of laad. . Exhibit A - Page 2 015815.000 1 0:958195.04 o ESCR I PT10N Tract :5 215.21 .ACAES~ All that 'certain tract of land situated in ~he P. Yarbrough Survey, Abstract Number 1447. Denton County, Texas, and a part of a called 643.298 acre tract of land described in a de8d~ from. ~ Dan Reding, lrustee of the. Mary Lou' Reding Grantor Trust to Don .R8ding ~ecorded in Volume 4454. Page 2090. Redl Property Records of Denton County, Texas. and being more particularly described . as follows: . . BEGINNING for the ~ Southwest Qomer of the trect being described herein at Q. celpJ)ed i{On rod found in the East right-~f-wciy line of FIoM. Rood 2164 ot the Southwest comer of said Reding tract; ~ . THENCE North 00 Degrees 1-4 Minutes 44 Seconds West Ytith the East right~of-woy line of saki F.M. Rood along or near a .feAce a distance of 114.7.12 feet to 0 copped ini.n rod found for: comer: THENCE North 13 Degrees 47 ~nutes ~p Seconds. East witb the East tight-of-way line of Sf;1id F"M. Rood a distance> of f ~..as feet..to a. copped iron- rod fotJt\(f for comer: THENCE North 00 Degrees 14.. Minutes 40 Seconds West continuing .ith the East ri9ht~of-~ line. of said F..M. Rood a diStance of 830..48 feet to 0 capped iron rQCI foul')d' fpr tM NoFtrtWe&t comer of the herein described tract; THENCE North 86 Degrees 49 Mit:a.utes 33 Seconds .East with a line SlNering said ~Reding "tract Q distance of 4284.78 feet to the bose of on old fence. comer post in the East line of said Survey; THENCE South 00 Degrees 02. lAinutes 21 Seconds West with said Survey line along or nfIOF 0 fence a distance. of 2296.05 feet to a fence comer post found for the. SoutheaSt comer of said Reding tract; THENCE South 89 Degrees 44, Minutes- 52 Seconds.. West .w.ith the South line thereof m.~ or neor 0 fence Q distance of 4292.. 79 feet -to . the PlACE OF BEGJNMNG and. _nclosing 2.15.21 acres of land. Exhibit A - Page 3 015815.000 1 O:958195~04 Exhibit B Master Planned Community Exhibit B - Page 1 015815.00010:958195.04 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that the plan on Attachment 1 must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in ... '. accordance with the plan as modified, and any such adjustment or modification ~~,b.&deem.ett.t"',,1>~~'"~~.~.:: .' ' non-material. In the preceding sentence, the terms "orders, regulations, orarnances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245~OO2 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in. the body of this Request. 1) Lot Sizes. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%).. b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. ~.) There are no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit . C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). "... . ... . . b) There are no minimum lot dimensions required for any lot proposed for .~~Jitii~lY or nonresidential use.. c) There are no other lot dimension requirements for any lot 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size.. 4 ) Lot Coveraee. a) There are no lot coverage requirements for any uses other ~an a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use.. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C - Page 1 015815JX)() 1 0:958195.04 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation.. There are no tree preservation requirements. 7) Open Space.. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property. Exhibit C - Page 2 015815.000 10:958195.04 Attachment 1 to Exhibit C I I .... -~ ~ e i :~I: :. ,,,./.. ~ II~I !e i~ .I!i ~ · iJ D'h I ~! J jJ ilb I Uz I.&.t C i 1 ..l -- .--.....-~- :~-:-: :.:.-. : . - ..,......J~ ...-....-... i t_Jj~Q); i -- ..... ,~;;: -. +..."" . 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I I '"\ ..... ,. .. ~ .'... .,;:".... =--. .=-~::'_- at.........._ ............. ~ jJ Attachment 1 to Exhibit C - Page 1 015815.00010:958195.04 REQUEST FOR CONSENT TO THE CREATION OF A WATER CONTROL AND Il\{pROVEMENT DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ ~ COUNTY OF DENTON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE .CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L..P. (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42..042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 51, by filing with the City of Denton (the "City") this request for consent to the creation of a water control and improvement district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the REDING RANCH WATER CONTROL AND IMPROVEMENT DISTRICT o.p DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II.. The District shall be created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 51, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to ail duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District.. III. The District shall contain an area of approximately 623..21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the 1 015815.000 10:958237 .02 District are described by metes and bounds in Exhibit A . attached hereto and incorporated herein for all purposes (the "Property"). All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. IV. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be develop.ed with commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245..002(a)(2) and 245.002(a-l) of the Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project + is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, c.onstruction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, entetprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the development of the Property to include the following: (i) watelWorks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, frre, and emergency services for residents within the Property, including the fmancing of fire-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes.. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the 2 015815.000 1 0:958237 .02 District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. Vffi. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to detennine the cost of the work proposed to be done by the District, and Owner now estimates, from such information' as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or othetwise by operation of law under Section 42.042(c) of the Texas Local Government Code (the "City' s Consent")~ This Request constitutes an application for a pennit, which pennit is the City's Consent (a "Pennit"). Under Section 42..042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Pennit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Reding Ranch Water Control and Improvement District of Denton. County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815.00010:958237.02 RESPECTFULLY SUBMTITED and effective this Jl day of April. 2006. "OWNER" WHITE CAKE DENTON, L.P., a Texas limited partnership White Cake Denton OP, LLC, a Texas limited liability company, its general partner By: ~ p~ J. Christopher Dance, Manager THE STATE OF TEXAS COUNTY OF T2:1! Ie, c; ~ ~ ~ This instrument was acknowledged before me on this the I / tit... day of April. 2006. by J~ Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf of said entity. ~t\:e~'~ JOANNE CRAtKER ~~~s Notary Publlcf State of Texas = t'I~~l~.i My Commlaslon expires 1;t./'I..\~'t$. Fe. b.r.u., ory 02a 2010 ~,f'1~ ~ Public in and for e State of Texas 4 015815.000 1 0:958237 ~02 Exhibit A Metes and Bounds Description of the Property DESCRIPTION. Tract 1 205.00 ACRES All that. certain troc.t of land situated in the Joh.n Morton Survey. Abstract Number 792. Denton Count;y. Texas. and 0 part of 0 coiled 643.298 aere tract of I.on<l+ described in 0 deed fro.m Don Reding.- Trustee of the .Mary Lou Reding Granto.r Trust to Dan Reding recorded in Volume. 4454, P.age 2090. Real Property Aecords of Den,ton County,. Texas. hnd being more particularly described as follows: . . COMMENClNG from a. pipe fence corner post at the recoljnized. and occupied Northeast corner of said Reding tract; - THENCE South 00 Degrees 23 Minutes 68 Seconds East o. distance. of 1175..51 feet. to a coppep iron rod found for 0 corner. and being the Point of Beginning of. the .herein descnb~ tract and being the Southwe.st yomer of LOt. 1 Block One Nye .Addition.. .an addition i.n said- ~ounty. as . shown on the. Plot thereof recorded. in Cqbin.et G. Page 213 Plot Records Denton Co~nty. Texa,;; TH+ENCE North 89 Degrees 24 Mihutes 17 Seconds East a diston.ce Df 5.09 feet .to a 1/2" iron rod found for comer; TH~NCE 'South 00 Degrees 01 ..,Unutes 41 Second.s West continuing .ith the East line of said Reding tract along or n.eor 0 fe.nee .0 distance of '.229.76 feet to (J copped iron. rod foUAd .for the Southeast comer of the herein described. tract; lHENCE South 89 Degrees 48 Minutes 35 Seconds West with a line par~nel with the North line of soid. Reding tract with a line severing said Reding tract a distance of 5200.28 feet to 0 capped iron rod found i.n. the West line or Said:. tract and the East right-of-way line of F..tvt. Rood 2164 in 0 .non-tangant curve. to the left having. 0 radius of 1186.30 feet; n-tENCE jn a Northeasterly direction olong the arc of said curve with the East right-'of-woy line of soid F"~M.. Road on arc distance of 644..90 feet (chord ~beoring of North 16 Degrees 28 M.inutes 45 Seconds East o.distance of 636..99 .feet) to a copped i~ol) rod found for comer; THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right-of-way line of said F.M, Roo~ 0 distance .of 333~40 feet to 0 capped iron rod found. the most Westerly Northwest comer of said Reding tract. being the. Southwest co~r of Wild West Additibn . an adcfltion in soi(l County. according to the Plat thereof recorded in CQbh1et G P<1ge 150 Plat Records: THENCE North 89. Degrees .46.. Minut.es 44 Seconds East with the Souttr. line of said Wild West Addition arid a Nortt1 line of soid Reding tract along or. neer 0 fefree .a dist(l.nce of 1565.04- feet to a metal -t- post fence comer found for the Southeast eor..r of said Additior-: . THENCE. North 00 Degrees 12 lflllutes 04 Seconds East with the East tine thereof~ and .the most Northerly West line of said Reding tract. along .or hecir. !:J fence Q .di,tance of 1460.86 feet to a capped iron rod found for the Northerly .moat Northwest corner. of ~id Redin9 tract; THENCE North 89 .Degrees 48 Minutes 35. Seconds. East with the North. ~ rUle thereof alon9 or. near a fence a distance of 2690.63 .feet b=> at capped. iron rod fOU1Jd at. the Northwest cpmer 'Of Q 21:> acre tract sUrveyed under. .~he di~n. and supervision .of 'J.E. tnompson .1>n 7 /18/05; . . THENCE South 00 Dtgrees 23 Minutes 08 ~Seconds E~t with .the W~t fi!le thereof.. a distan.ce 01 1175.51 feet to B capped. iron . rod . set for' ttu;! Southwest comer of said 2.0 acre tr~ 1HENCE North 8~ Degrees 48 Minutes J5 Seconds East with the SoUth line. thereaf, a. distance of 7 ~ 1 ~ 1,3 feet to the PLACE OF B~GJNNING and. enclosing 205.00 oi;res of iand~ more or l-ass. Exhibit A - Page 1 015815.00010;958237.02 DESCRIPTION Tract 2 203.00 ACRES All that certain tract of land. situated in the J9hn.~Morton. Survey. Abstract: Number 792. and the P. Yarbrough Survey. Abstro.ct Number 1447, the .Vf. Norment SutVey~ Ab~troct~ Number 965 and the J..Yj". Jagoe Survey.. Abstract Number 1640 Denton County. Texas. ond 0 part of 0 called . 643~298 acre tract. of land described in Q deed from Do.n RedinOg. Trustee of the MolY Lou Reding Gral1tor Trust to Don Reding reQorded in Vplume 4454. Page 2090. Real Property Records of Denton County. Texas, and being more particularty described.os follows: . " BEGINNING for the Southeast comer of the tract ~ing .described herein at d. point at the base of an old :fence corner post for the m.ost Easterly Southeast comer of said Red.ing tract and being 'the recognized and occupied Southeast comer of sqid Morton Survey; THENCE North 86 Degrees 42 Minutes ~O Seconds West -wJth .the South tine of said Morton Survey and .olong or near 0 fen.ce -a dffJ.tance of ~069.34 .feet- to a point at the base of an oJd fence comer post in the East line of said Yarbro,gh Survey of a re-entrant comer of said Reding tract; . . THEN~ South 86 Degrees 49 Minutes 33 Seconds West~.with a line severing said Reding tract 0 distance of 4284.78 feet to 0 capped iron rod fQand in the~ .West line of said Reding tract and the East righ~-of-way line of F.M. . Road _ 2164; . " THENCE in a general Northeasferly direction with~ the East right-of-way line of said F..M.. Rood the following 6 courses and. diStances:" . ~ ~ 1.) 'North 00 Degrees '14 Minutes 40 Seconds West (J distance of 120.;62 feet to a capped iron rod found for the beginning <?f Q curve to the rig~t having 0 rocIius of 1076.30 feet; 2..) dlong the arc of said curve an bre distance of 327.60 feet (chord bearing North 08 Degrees 28 Minu~es 31 Seconds East 0 di$tonce " 326.34 feet) to a CQpped iron rod found for the end of said curve; ~ 3~) North 05 Degrees 36 Minutes .52 'Seconds Ecp$i 0 distance of 101.94 feet to 0 capped iron rod. set f.or the beginning of a non-tongant~ curve; ~tc)'. the right having Q radius of 1101..30 feet: 4.) olong the arc of said. c~rve- an arc dtstancef of 649;51 f~t (chord bearing .of North 39 Degrees 17 Uin~ "35 Seconds East a di~ance Of '.640..14 feet) to a copped iron rod found; 5..) North 56 Degrees 11 "Minutes 20 Second$" ~Gst a distance of 404..80 feet to d capped- iron rod set for the beginning of a curve to the left. ~ing. a radius of 1186.30 feet; 6.) along the arc of said curve an arc di&qlnce. of 4~9..74: (eet (chord bearing of North +1- Degrees 07 Minutes 15 Seconds East a dista~e of 496.05 feet) to 0 copped .irOn rod" ~found for the .Northwest corner of the herein deserib<<l tract; ~ ~ THENCE North 89 Degrees 4a Uinule$ 35 Seconds East .with 0 line severing said. RfJding tract a distQnce of 5200.28 feet to Q copped iron. rod t(l)nd fn- 1he East line of eoid Reding tract and said Mtlrton Su.""ey; ~ . . ~THENCE South 00 'Peg.rees 01 ~inutes. 41 " Second~ West with said East line along or near a . fence a distance -of ~ 520.56 feet .to .the PLACE OF BEGINNING and. enclosing 203~{)O acres of load. . Exhibit A - Page 2 o 15815~OOOl 0:958237 ~02 DESCRIPTION Tract 3 215.21 · ACRES- All that .certain troct of fand situated in Vae P. Yarbrough Survey, Abstract Number 1447. Denton County, Texas, and a port of a called 643.2.98 acre tract of lend described in a deed~ frotn~. Dan Reding, lrustee of the' Mary Lou Reding Grantor Trust to Don Reding r:ecorded in Volume ~ 4454. Page 2090, Redl Property Records of Oenton Cou~. Texas. and being more particularly described 'as follows: BEGINNING for the. Southwest r;omer of the tract being described herein at 0. cdpped ir:on rod found in the East right-~f-way line of F.M.. Road 2164 at the Southwest comer of said Reding tract; ~ . THENCE North 00 Degrees 14 Minutes 44 Seconds West. with the Eost ri9ht~of-way line of saId F.M. Road along or near 0 ~fence a distance of 1147~ 12 fetit to a COPPed iron rod found fot: corner: THENCE North 13 Degrees 47 ;Minutes ~p Seconds East witb the East right-of-way line of ~id F.M.. Road 0 distance) of 10:5.06 feet to 0 copped iron- rod fotJrid for cornet; THENCE North 00 Degrees 14.. Minutes 40 SecQnds West continuing with the .East right~of-~ line. of said F..M" Rood a distance of 830..48 feet to 0 copped iron rod found. fpr the NoRrtWest comer of the herein described tract; THENCE, North 86 Degrees 49 Mir:tutes 33 Secohd$ East with a line severing soid ~Reding "tract o. distance of 4284..78 feet to the base of on old fence comer post in the East line .of said Surveyi THENCE South 00 Degrees 02 ~ Minutes 21 Seconds west with said Suryey line along or n$"or a fence a distance. of 2296..05 teet to a. fence comer post found for the'. SoutheaSt comer of said Reding tract; tHENCE South 89 Degrees 44 ~ Minutes 52 Seconds. West. with the South. rine thereof oI.~ or near a fence 0 distance. of 4292~ 79 feet to the PlACE OF BEGINNING and. ..closing 2.1 5..21 acres of land. Exhibit A - Page 3 015815.00010:958237.02 Exhibit B Master Planned Community Exhibit B - Page 1 015815.00010:958237.02 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the ~operty on the date of this Request and such contlict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that the plan on Attachment 1 must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request.. 1) Lot Sizes. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. e) There is no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use. c) There are no other lot dimension requirements for any lot~ 3) Buildin~ Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Covera~e. a) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C - Page 1 015815.00010:958237.02 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation~ There are no tree preservation requirements. 7) Open Soace. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property. Exhibit C - Page 2 015815.00010:958237.02 Attachment 1 to Exhibit C ( n (I ... .' ~ LL...... 10....... -r--II"-l '1Jj ~ rll '2 ~ -., I J ~-..- -.... 1.t1^--"I.:.~J. 1 Lillo r- ~ . t I. . .. . - J":7~l:~t...~ lL lit::. ~ If ~i ;~.': l .. = ~p$.'lilR') om. ,.....,; 11 I-- ~ i!: 1 i~ ';/I>~' ;.~.~:.:t~~..~ -. . ~ .h. J:"!':;" '. . . \ .. '" ;: ~~ iXN/j. ,~ ~ == U ~ ~ I r . ~f: ;I"~-.::..ii-\::.:~ , · :..11\:. ,.0::, ,',' I,' - - ~~}il{': V* :!!: 25 ~ ~~ ' e, . ~~0:~" ~.m.. I. :~~~ ~= ~ .,.', ~~~ ~ ~ L ffi ~!i I ~.:r:-.I--i (1':' · ~.. .... ~~ ",~i~: .~~: · .~' " ',,~Y~:2 J ~~~ ~ 5~ I ! I' 'I.' - ~ r- ~ , . ~ \ \II ~"'" . -- - b;:::: W a I , . -~ ~ . · ,~t: ~ \ ~'Y ~ "'\ '"""" - a: 1 ~ ~ '. ~ ~ · 0 .._ . ..: _ ~~ ~ ",")0. . 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". . ~~ - '~~l '" ..~ ,",.; :' , ... . /;. .rttii:8F r!..1~ :t ~In . ~ i - . ......ot~ - '"x ."'t:, F,.: . ~~ . . ~ ~ . .f :.'; ,I l ?~ r:.; ,. !i.~~y !!I - - ~~ - - - for ~_.. ~ . · o. ~ . _ . = ...t: I . ~ :i ~ ~ :1i'RTltf I. s [d."H1J." ~ ."';--:.~........'4 '. -. · ~ . ..... .. .~ i. ..~--." :Y' ~ _+'--_ ,) \.. ~l.~ ~..~:. ~.. ~ ,"..I - .;' ~":, ~:. ::.;~:. . '. 1. .. ::'I'i': .,f'::: ~ .n . .;' / ~.:. ... . . ~I ~. . .: . ~.' . .~;.~ I' ~ _.... t ; t ~~ '7. ! 4 ~ ~~ . . .r-""'---.t'i ____ - ~'.:: 1/ ~ *.~ . ... ".' \. --.-. . / ~ f .... .....~ .~ ;... - :,i (" I "' . + 1. ~ (' _ _. " '" ,,~., _ /' _ - i .. - T .... ......... ~ . .. ;;kH f ~ l.....J. \ ~ r J .. _ r · . ~ ~ ~ -. :..'::0"\'\ ..': ....\ \I ~ ',: .-\:-~\ 't =- ~:-...-~[~~~:~ =( (' .. . . .' . r. .:::.. ~ \ ~ 1 ~ \ ~ """-... '" \ \ ~ 0... - .., : \) ~ ? .. - .... ~ . M '. 1'. · 4... . k .. .~ ~ ~ · ..... s. (~ · . ) / I r ~ - 4 .~ 4'f'~.~" \ ~ .~ t.r ,. jlK. · JI Illh J jJ i!ib I ,.... ~~. ~ ..:-..::- a,... _~... ........... _......... ~.. ... Attachment 1 to Exhibit C - Page 1 015815.00010:958237.02 S:\Ouc Documents\OrdinanceSlO6\ White Cake Special District Petition-2- DOC ORDINANCE NO~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN APPROXllvIATE 623 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY WHITE CAKE DENTON, L.P~; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 1, 2006 White Cake Denton, L..P.. (the "Owner") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district, and/or a water control and improvement district on approximately 623 acres of land owned by the Owner (the "Property") and located in the City's extraterritorial jurisdiction as more particularly described in the Requests which are attached hereto and .made a part hereof by reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex. Loc~ Gov't Code ch.. 42 and Tex~ Water Code chs.. 49 and 54; and WHEREAS, the Requests include attachments for a "master planned community" (Exhibit B) and a "plan for development" (Exhibit C and Attachment 1 to Exhibit C) associated with the consent request; and WHEREAS, by letter of. May 15, 2006, the Interim City Manager informed the Owner that the depiction of the master planned community and plan for development were not requirements for any permit, including but not limited to a request for consent to form a special district pursuant to Tex.. Loc.. Gov't Code sec.. 42..042, and were not properly before the City; and WHEREAS, the City Council hereby finds that the action taken by this ordinance is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC.TION 1 ~ The findings and recitations contained in the preamble of this ordinance are true and correct and are incorporated herein by reference. SECTION 2.. The City's consent to the creation of the special districts described in the Requests is hereby granted~ This consent is not an approval of. Exhibit B, Exhibit C, and Attachment 1 to Exhibit C to the Requests, which are hereby rejected and denied for all purposes.. SECTION 3. This ordinance shall become effective immediately upon its passage and approval.. S:\Our Documents'Ordinaoces\06\ White Cake Special Disbict Petition -2. DOC PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: day of EULINE BROCK, MAYOR , 2006~ Page 2 0["2 Exhibit A HUGHES I LUCE LiP ATIOR N EYS AN 0 COU NSELORS 301 Commerce Street. Suite 3000 Fort Worth. Texas 76102 817.347.5279 214.939..5849 (fax) May I, 2006 m lindelow@hughesluce.com Melissa Li ndelow VIA CERTIFIED MAIL AND HAND DELNERY Governing Body of the City of Denton (the Mayor and City Council) cj 0 Jennifer Walters, City Secretary City of Denton 215 E. McKinney Denton, Texas 76201 Re: Requests for the Creation of Special Districts Dear Ms. Walters: Pursuant to the authority of Sections 42~042(a) and (b) of the Texas Local Govermnent Code and on behalf of the land owner, I am enclosing the following three requests (the "Requests") to the City Council of the City of Denton (the "Cityll) related to an approximately 623-acre tract of land located wholly within the City's extraterritorial jurisdiction and identified by metes and bounds in the Requests (the "Propertyll): a request for the City's consent to the creation of a Municipal Utility District on the Property; a request for the City's consent to the creation of a Fresh Water Supply District on the Property; and a request for the City's consent to the creation of a Water Control and Improvement District on the Property. The Property will be developed using one or more the three special districts referenced in the Requests~ Each of the Requests includes a plan for development of the Property and vests rights pursuant to Texas Local Govermnent Code Section 245~002(a)(2). Sincerely, ~~~~ Melissa Lindelow cc: Edwin Snyder, City Attorney of the City of Denton V-- White Cake Denton, L.P. cj 0 Kerry Scott 015815.00010:958365.01 REQUEST FOR CONSENT TO THE CREArION OF A FRESH WATER SUPPLY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ TO THE HONORABLE MA YOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXA"S: The undersigned, WHITE CAKE DENTON, L..P.. (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42..042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 53, as amended, by filing with the City of Denton (the "City") this request for consent to the creation of a fresh water supply district (the "District") in the City's extraterritorial jurisdiction (this "Reauest"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of" the proposed District shall be the REDING RANCH FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY.. There is no other conservation or reclamation district in Denton County, Texas with that name. n. The District shall be created and organized under the terms and provlsIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 53, together with all amendments and additions thereto.. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District.. m~ The District shall contain an area of approximately 623.21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein I" 015815.00010:958217.01 for all purposes (the "Property"). All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. N. The Property is proposed to be developed as part of" the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be developed with commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Loe"a! Government Code.. The plan for the Project requires that the Property be developed with District improvements, including, but not limited"to, water, wastewater, road, and drainage improvements.. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design. acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the development of the Property to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fIre, and emergency selVices for residents within the Property, including the financing of fue-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property.. VII.. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes.. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the 2 015815~OOO10:958217 ~Ol District require the construction, acquisition, maintenance, and operation of an adequate watelWorks system, sanitary sewer system, road system, and drainage and storm sewer system. VIll. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District XI. Section 42..042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042( c) of the Texas Local Government Code (the "City'.s Consent").. This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought., XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Reding Ranch Fresh Water Supply District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815JJOOl 0:958217.01 RESPECTFULLY SUBMITTED and effective this R day of April. 2006. THE STATE OF TEXAS COUNTY OF Dallq5 " ~ ~ ~ "OWNER" WHITE CAKE DENTON, L.P., a Texas limited p"artnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: J.. Christopher D This instrument was acknowledged before me on this the 1/'fIL day of April. 2006. by J~ Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company. the general partner of White Cake Denton. L.P.. a Texas limited partnership, on behalf of s · ~ JOANNE CRAIKER N~rycPUbliC! 811te of Texas y ommlsslon Expires February 02~ 2010 4 015815.00010:958217.01 Exhibit A Metes and Bounds Description of the Propertv DESCRIPTION. Tract 1 205.00 ACRES All that · certain .tmct of lon4 situated in the J.ohn Morton .SurVey. Abstract Number 792, Denton County. Tex(Js. and 0 part of 0 called 643..298 acre tract. of tond~ described hi Q. deed from 000 R~dingl Trustee. of the Mary. Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454. Page 2090. Real Property Records .of Den.ton Countyt~ Texas. and being more particularly. described as foUows: COMMENClNG from a. pipe fence comer post at the recognized and. occupied Northeast comer of said Reding tract; THENCE South 00 Degrees 23. Minutes 08. Seconds East a distance of 1175.51 feet to 0 coppep iron rod found for 0 corner. and being the. Point of. Beginning of' the herein descnbed tract and being the Southwest cromer of Lot 1 Block .0"8 Nye Addition. an odd_ition in said- qounty. as . shown on the Plot thereof recorded in Cqbinet G .Page 213 Plot Records Denton Co~ntYI Texa,.;; TH'ENCE North 89 Degrees 24 Minutes 17 Seconds East a disto~ce Df 5.09 feet to a 1/2" iron rod found for comer; THENCE . Sou.th 00 Degrees 01 Minutes 41 Seconds West continuing "ith the East Une of said Reding ttost along or near o. fence 0 distance of 1 229.76. feet to (J copped iron rod fotmd .for the Southeast comer of the herein described tract; THENCE South 89 Degrees 48 Minutes 35 Seconds West with 0 line partlflel with the North line of said Reding tract with a tine severing said Reding troet.o distance of 5200.28 feet to a capped iron rod found in. the West . line or SQ.id tract and the East right-af-way Hne of F.M. Rood 2164 in a .non-tangent curve to the left havihg. 0 radius of 1186..30 feet: TI-fENCE In 0 Northeasterly directiOn olong .-the arc of said curve with the East right-'of-woy line of soid P.M.. Rood an arc distance of 644...90 .feet (chord .bearing of North 16 Degrees 28 Minutes 45 Secon:ds East Q. distance .of 636.~99 f~et) to a capped. i~on rod found for comer; THENCE North 00. Degrees 54. .Minutes 20. Seconds East with the East. right-af-woy. line of said F..M, Ro.a~ a cfrstonce -Gf 333.40 feet to a capped iron rod found the most WeSterly Northwest comer of SQid Reding tract. being the. Southwest . cor1l6r of Wild We$t Addition an adcfrt.ion in said County, according to the Plat. thereof recorded in C4;abinet G pqge 150 Plat Records: THENCE North 89 O~rees 4&6 Minutes 44 Seconds. :East with the South line of said Wild West Addition and a North line of said Redi"9. tract along. or near 0 fertee 0, distance of t 565.04- feet to a metal ift" PQst fence com.er found for the Southeast Cor~r of .soid Additio~: ." THENCE. NOrth 00 Degrees 12 Minutes. 04 .Seconds .East with the East tine thereof~ and ~the most ~ortherly West line of said Reding tract along or hecir.!J fence 0 di,tonce of 1460.86 feet to a capped iron rod found. for the N()rtherly.'moSt Northwest. corner. of ~id Redin9 tract; THENCE North 89 Degrees 48 Minutes. 35 Seconds .East with the North AUne thereof along or near a fence 0 distance .of 2690..63 feet t9 at capped. iron rod fQUJHJ. at ~the NorttIwest cpmer of Q 20 acre. tract surveyed under ~he direr;tk>n and supervision of 'J..E.. . Thompson . 'On 7 /18/05; . . THENCE South 00 Degrees 2.3 hfmute$ 08 .Seconds E~st with .the WEpt fine thereof.. a distance 01 1175.51 feet to G capped' iron rod set for the Southwest comer of said 20 acre tl1Jet: lHENCE North 89 Degrees 48 ~U1utes 35 Seconds EoSt with the South line. theteOf. o. distance of 7~1.1.3 feet tb the PlACE .OF BEGINNING and enclosing .205.00 oi:res of land; mQre or less. Exhibit A - Page 1 015815J)OO 10:958211.01 DESCRIPTION Tract 2 203.00 ACRES All that certain tract of land situated in the J9hn.~Morton Survey~ Abstract Number ~792. and the P. Yarbrough Survey.. Abstract Number 14471' the W. Norment Survey. Abstract. Number 965 and the J.W. Jagoe Survey.. Abstract Number 1-640 Denton County, Texas. and (I part of Q coiled ' 643.298 acre tract. of land described in a deed from Do.n Redin.g. Trustee of the Mary Lou Reding Gro'1tor Trust to Don Reding re~orded in Volume 4454, Page 2090,. Real Property Records of Denton County, Texas. and being more particularty described ~os follows: . . BEGINNING for the Southeast comer of the tract ~ing described herein at 04 poi.nt at the base of an old ~fence comer post for .the most Easterly Southeast comer of soid Reeling tract ond being 'the recognized and occupied Southeast comer of sqid Morton Survey; THENCE North 86 Degrees 42 Minutes 40 Seconds. West with the South line of said Morton Survey and oIong or near a fence -a df~(Jnce .of ~069.34 feet. to a point at the base of an old fence comer post in the East line of .said. Yarbro,gh Survey of a re-entront comer of said Reding tract; . . THENC~ South 86.Degrees 49 Uinutes 33 Seconds West. witl1 a line severing said Reding tract a. distance of 4284.78 feet to Q copped iron .rod. f~nd in the West line of said Reding. tract and the East righ~-of-woy line of FJA_ Road. 2164; · THENCE in 0 general Northeasterly direction with. the Eost right-of-way line of said F..Y. Rood the following 6 courses and diStances;. .. .' I 1.) North 00 Oegr$es '14 Minutes 40 .Seconds west a distance of 120.62 feet to 0 capped iron rod found for the .beginning ~f 0 curve .to the rig~t having 0 radius of 1076.30 feet; 2.) dJong the arc .of said cutVe an Oro. distance of 327.60 feet (chord bearing North 08 Degrees 28 Minutes 31 Seconds East 0 di$tance 4af 326..34 feet) -"to a copped iron rod found for the end of said curve; , 3.) North 05 0e9rees 36 Minutes 52 'SecOnds EtJst a distance of 101.94 feet to 0 copped iron rod set for the beginning of 0 non-to.ngant. curve; ~t~ the .right having 0 radius of 1101..30 feet; 4.) olong the an;; of said curve- an orc dlstancef:>1 649.51 fMt (chord bearing of North 39 Degrees 17 Minutes .35 Seconds East a di$tonce Of '640...14 feet) to a copped iro.n rod. found; 5,,) North 56 Degrees 1 1 'Minutes 20 SeConds. ~Gst a distance of 404.80 feet to (1 capped" iron rod set for the beginning of 0 curve to the. left ~ing 0 radius of 1186.3Q feet; 6..) along the ore of said. curve an arc di~nee. of 4~9.14~. (eet (chord bearinSJ of North 44 Degrees 07 Minutes. 15 Seconds East 0 distonc:e of 496..05 feet) to 0 copped .iron rod. 10unCt for the Northwest .comer of the herein d~seribeC1 tract; ~ . THENCE Ndrth 89 Degrees 4a tKtnUte$ 35 Seconds. East with Q line severing said.. Reding tract a distQnce of 5200.28 feet to a capped. .iron rod. fCOld in- ihe East line o.t said Reding tract and said Morton Surve~ ~ . . .THENCE South 00 1>egrees 0 1 t./fi~utes 41.. Second!t West .with said East line along or near a . . fence 0 distance of ~ 520~56 feet. to .the ,PlACE OF BEGINNI.NG and enclOsing 20~.oo Qeres of laad. . Exhibit A - Page 2 015815.00010:958217 ~Ol DESCRIPTION Tract :5 215.21 .ACRES~ All that 'certain tract of land situated in ~e P. Yarbrough ~rveY. Abstract Number 1447. Denton County>> T exos, and a porl of a" caUed 643.298" acre tract ()f lond described in a deed. from. ~ Don Reding. lrustee of the ."Mary Lou Reding Grantor Trust" to Dan Reding ~EKJ in Volume 4454"1 Page 2090, Real Property Records of Oent()n" County, Texas. and being more porlicularly described 'os follows: . BEGINNING for the. Southwest r;omer of the tract being described herein at 0. CdPJ)ed ir;on rod found in ttle East right-o~f-wdy fine of FJ,t." Road" 2"164" at the Southwest eomer of said Reding tract: · . THENCE ,North 00 "Degrees 14 Uinute"s 44 Seconds W.m with the East right~of-woy tine of said F.M. Road along or near 0 .feAC8 0 distance of 1141.12" feeit to a capPed" iron- rod fouhd fot: corner; THENCE North 13 :Degrees 47 ;Minutes ~ Seconds "East witb the East right-of-way line of sqid FilM. Rood Q distance) of 10:5.08 feet to a copped iron- rod fotJr\d for corner; THENCE North 00 :Degrees 14..Minutes 40 Seconds West continuing .ith the East right-:-of-~ line. of said F~M." Rood a diStance" of 830~48 feet to" 0 capped iron" rod found' fpr the "No~ comer of the herein described tract; THENCE North 86 Degrees 49 ..4it:lutes 33 Seconds East with a line severing sold ~Reding .tract 0 distance of 4284..78 feet to the base of on old fence corner post in the East line of said Survey;" THENCE South 00 "Degrees 02. Minutes" "21 S~conds West with said Survey line along or n~F Q fence a distance. Qf 2296.05 teet to a fence corner post" "found" for the' SoQtheO$t comer of said Reding tract; .' " THENCE South 89 Degrees 44~ Minutes 52 "SecondS." West . with the South tine thereof ol.OI:t9 or: near "0 fence a distance of 4292..79 "feet to the PlACE OF BEGINNING and. ~ncJosing 2-1" 5.21 acres of land. Exhibit A - Page 3 015815.000 10:958217.01 Exhibit B Master Planned Community Exhibit B - Page 1 015815.00010:958217.01 Exhibit C Plan for Development of the Propertv Plan for Development. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that the plan on Attachment 1 must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properl y adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245..002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes.. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to. exceed twenty~five percent (25%). . b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. e) There is no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%).. b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use. c) There are no other lot dimension requirements for any lot. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Covera~e. a) There are no lot coverage requirements for any uses other than a single family or duplex. use, including but not limited to miilimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot.. Exhibit C - Page 1 015815~OOO10:958217 .01 5) Landscapin~.. There are no landscaping requirements. 6) Tree PreselVation. There are no tree preservation requirements.. 7) Open Space. There are no open space requirements.. 8) Park Dedication. There are no park dedication requirements. 9) PropertY Classification. 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REQUEST FOR CONSENT TO THE CREATION OF A MUNlCJPAL UTILITY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ ~ COUNTY OF DENTON TO THE HONORABLE MAYOR AND CITY COUNCIL" OF THE CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L..P. (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 54, and more specifically Section 54.016, by filing with the City of Denton (the "City") this request for consent to the creation of a municipal utility district (the "District") in the City's extraterritorial jurisdiction (this "Request"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the REDING RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. ll. The District shall be created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 "and Texas Water Code Chapter 54, together with all amendments and additions thereto.. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. ITI. The District shall contain an area of approximately 623.21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 1 015815.000 10:958195.04 for all purposes (the "Property"). All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. N. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all. pwposes. More specifically, the Property will be developed with commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Project"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Tex.as Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements.. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase~ design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful fort necessary for, or incidental to the development of th.e Property to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other hannful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fire, and emergency services for residents within the Property, including the financing of fife-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII~ There is a necessity for the improvements above described in order to develop the Project The Property is urban in n.ature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. 2 015815.000 1 0:958195.04 VIll. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system., a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX~ A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code and Section 54..016 of the Texas Water Code require the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code and Section 54.016 of the Texas Water Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Redin.g Ranch Municipal Utility District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose oforganizing the District and developing the Project.. 3 01581 SJX)() 1 O:95819S~04 RESPECTFULLY SUBMITTED and effective this ~ day of April, 2006. "OWNER" WHITE CAKE DENTON, L.P., a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: J. ])~ THE STATE OF TEXAS ~ 9 ~ COUNTY OF Ch II ",.s This instrument was acknowledged before me on this the /1 *'- day of April, 2006, by J. Christopher Dance, the Manager of White Cake Denton ,GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf of said entity ~ -~~;'1!'''1. . ~~'\!~:.. .ff~~-;' $olI. · otf,~ t : ! $~. .....~ ~~/.f ;\.$$ llilln\l JOANNE CRAIKER Notary Pubric, State of Texas My Commission Explrts February 02~ 2010 4 015815.000 1 0:958195.04 Exhibit A Metes and Bounds Description of the Property DESCRIPTION. Tract 1 205..00 ACRES All that .certain tract of lon4 situated in the John Morton Survey, Abstract Number 792. Denton County. Texos. and 0 part. of Q called 643.298 acre tract of tond~ described in 0 deed from Don R~dingt Trustee of the Mory Lou Reding Grantor Trust. to Dan ~eding recorded in Volume 4454, Page 2090. Reaf Property Records of Den,ton Countyt~ Texas. and being more particutQrly described as follows: COMMENCING from a. pipe. fence corner post at the recognized and occupied Northeast corner of said Reding tract; THENCE South 00 Degrees 23 Minutes 08 Seconds East a distanc~ of 1175.51 feet to 0 cappep iron rod fGlInd for a corner. and being the Point of Beginn.ing of the herein describea tract and being the Southwest cromer of Lot 1 Block One Nye Addition. an addition in said- ~ounty. os . shown on the Plot thereof recorded in .Cqbinet G Page 213 .Plot Records Denton Co~nty. Texo~;; THENCE North 89 Degrees 24 Minutes 17 Seconds East a distan.ce Df 5..09 feet to 0 1/2" iron rod found for comer; THENCE. South 00 Degrees 01 Minutes 41 Seconds West continuing ~ith the East line of said Reding tract olong or near 0 fence. a distance of 1229..7.6 .feet to ~ copped iron rod fouM for the Southeast comer of the herein described tract; THENCE South 89 Degrees 48 Minutes 35 Seconds West .with a line par(]ffel with the North line of $.oid Reding tract with 0 fine severing said Reding tract a distonCe of 5200..28 feet to 0 capped iron rod found in. the West line o~ said tract and the East right-af-way line of F.M. Rood 21 64 in 0 . non -tangent curve to the left having- Q rodi us of 1186.30 feet; THENCE In Q Northeasterly directiOn along the orc of said curve with the East rigl1t-.:of-way line of said roOM.. Road an arc distance. of 644~.90 feet (chord. .bearing of North 16 Degrees 28 Minutes 45 Seconds East Q. distance of 636.99 feet) to 0 copped i~on rod fou.nd for comer: THENCE North 00 Degrees 5~ Minutes 20 Seconds East with the East right-of-way line of said F.M~ Roa~ a crrstance .of 3331040 feet to a capped iron rod found the most WeSterly Northwest corner of said Reding tract. being the.. Southwest corner of Wild. We$t Addition an addition in. said County. according to the Plat thereof reCorded in C(Jbinet G Pqge 150 Plat Records; THENCE North 89 O~9rees .46 MinUtes 44 Seconds East with the South' line of said Wild West Addition and a North line of said Reding tract along or near 0 ferree a disto.nce of 1565.04- feet to a metal -t- post fence comer found for the Southeast cOl1'\er of said Additio~: . THENCE' NOrth 00 Degrees 12 Minutes 04 Seconds East with the Eam: tine thereof.. and ~the roost Northerly West tine of said Reding ttoct alang or hear ~ fence a di,tonee of 1460.86 feet to 0 capped iron rod found for the Northerly rrnost Northwest corner. of :$aid Redin~. tract; THENCE North 89 Degrees 48 ~inutes 35 Seconds . East with the North ~ line thereof along or near a fence 0 distance of 2690.63 fest t9 at capped. iron rod fOUJld at. the No.rUlwest c,3mer 'of a 20 acre tract surveyed under .~he di~n and supervision of .J.E. Thompson .-on 7/18/05; . ~ THENCE South 00 Degrees 23 Minutes 08 .Seconds E':1st with .the. W~t line thereof.. a distance of 1175.51 feet to G capped- iron rod set for the Southwest comer of said 2.0 acr-e t~et; lHENCE North Sa Degrees 48 Minutes 35 Seconds East with the. South line. thereof. a .distanCe of 7~1.1.3 feet t() the PLACE OF BEGINNING and enclosing 205.00 a~res of iond~ more or Jess. Exhibit A - Page 1 o 15815J)OO 1 0:958195.04 DESCRiPTION Tract 2 203.00 ACRES All that certain tract of land situated in the J9hn.~MortQn Survey. Abstract Number .792. and the P. Yarbrough Survey. Abstract .Number 1447. the 'If. Norment Survey, Abstract. Number 965 and the J.YJ.. Jagae Survey., Abstract Number .1640 Oenton County, Texas. and a part of 0 coiled . 643..298 acre tract. of lond described in 0 deed from Dan Reding~ Trustee of the .Mary Lou Reding Gro'1tor Trust to Dan Reding reQorded in '/plume 4454, Page 2090. Real Property Records of Denton County, Texas. and being more particularly desCribed.08 follows: . . BEGINNING for the Southeast corner of the tract bt3ing. described herein at a. point at the base of an old ~fence corn.er. post fOr "the most Easterly Southeast comer of said Reding tract and being .the recognized and occupied Southeast comer of .sqid Uo.rton Survey; THENCE Nor:th 86 Degrees 42 Minutes ~O Seconds West with the South tine of said Morton Survey and olong or near. 0 fence -a di~ance of ~OB9.34 feet. to Q point at the base of an oJd fence co.mer post in the East line of said Yarb~9h Survey of 0 re-entront comer of said Reding tract; . . THENC~ South 86 Degrees 49 Minutes 33 Seconds West. wit~ a line severing said Reding tract 0 distance of 4284..78 feet to 0 copped iron. rod fQ\!nd in the west line of said Reding tract and the Eost ri9h~-of-way tine of F.M. Rood. 2164; · THENCE in a genera' Northeasterly direction with. the Eclat right-of-way line of said F.M. Rood the foJlowing 6 courses and distances;. .'. 1.) North 00. Degrees .14 Minutes 40 Seconds West a distance of 120.62 feet to 0 capped iron rod found for the beginning <?f Q curve to the. rigIJt having Q radius of 107.6.30 feet; 2.) dlong the arc of said curve an Ora distance of 327.60 feet (chord bearing North 08 Degrees 28 Minutes 31 Seconds Eost 0 distance ;f 326.34 feet) to a ca.pped iron rod found for the end of said curve; . 3.) North 05 Oe.grees 36 Minutes 52 ~SecOnds. E~st. 0 distance of 101.94 feet to 0 capped iron rod set for the befJinning of. a non-tangant.. curv~ ~ tQ the right ho~ng a. radius of 1101..30 feet; 4..) olong the orc of said curve- an arc dfstance~:)f 649.51 ffJet (chord -bearing of North 39 Degrees 17 Minot. '35 Seconds East Q di~Qnce .01 '.640.14 feet) to a capped iron rod found; 5..) North 56 Degrees 11 .Minut~ 20 Seconds~ ~st tS distance. of 404.80 feet to a capped- iron rod set for the beginning of a curve to the left hQving a radius of 1186.3Q feet;. . 6.) along the arc. of said curve on ~arc dis19nee.. of 4~9.74: (eet (chord beorin9 of North 44- Deg.rees 07 Minutes 15 Seconds East. 0 . d;stan~e of 496..05 feet). to 0 copped 'iron rod. 10und for the .Northwest corner of the hereJn describetJ tract; . · . THENCE North 89 Degrees 4a VtnUtes 35 Seconds East. with 0 fine sever1ng said. R&ding troct a distQnce of 5200.28 feet to a copped. iron rod fa.lnd in 1he East line of eaid Reding tract and said Morton Survey;. . . ~ .THENCE South 00 1)egrees 01 Minutes 41. Sec.ond~~ West with said East line along or near 0 ~ fence a distance of ~ 520..56 feet to .the PlACE Of. BEGINNING and enclosing 203",.()O. acres of laad.. + Exhibit A - Page 2 015815.00010:958195.04 DESCRIPTION Tract 3 215.21 .ACRES~ All that 'certain tract of land situated in ~e P. Yarbrough Survey, Abstract Number 1447.. Denton County, Texas, and 0 part of 0 called 643.298 .ocre tract of lend described in a deed. from. . Don Reding. lrustee of the' Mary Lou. Reding Grantor. Trust to Don .R8ding ~ecorded in Volume . 4454. Page 2090. Real Property Records of ~ton County. Texas, and being more pdrlieular1y described 'as follows: . + BEGINNING for the. Southwest Qomer of .the tract being described wein at a cClpped ir:on rod found in the East right-~f-wdy line of F.M. Road 2164 at the Southwest comer of said Reding tract; . . THENCE North 00 Degrees 14 Wnutes 44 Seconds West with the East right':"of-woy line of SQid . F.M. Road along or near 0 ~fence a distance of 1147..12 fetit to a capped iron rod found for: . comer; THENCE North 13 Degrees ~7 ;Minutes .1P Seconds East witb the East right-ot-way line of Sf;Iid F.M. Road 0 distance) of 1~.aa. feet. .to. 0 copped iron- .rod fOLfrid for corner; . THENCE North 00 Degrees 14. . Minutes 40 SecQnds West continuing .ith. the East right~of-~ line · of said F..M. ROad a diStance of 830.48 .feet to a capped iron rod found' fpr the N~ comer of the herein descnbed tract; THENCE North 86 Degrees 49 MiJ)utes 33 Second. ,Eost" with a line severing said .Reding tract 0 distance of 4284.78 feet to the base of on old fence. comer post in the East line of said . Survey; THENCE South 00 Degrees 02. Minutes 21 Seconds West with said Survey line mongo or n$lJF Q fence a djstonce. of 2296.05. feet to 0 fence corner post found for the~ Southea$t corner of said Reding tract: THENCE South 89 O.egrees 44. Minutes. 52 Seconds' West. with the South I1ne thereof m.~ 0..- near a fence 0 distance of 4292.79 feet to the PlACE OF BEGINNING and. ~nclosing 2.15..21 acres of land.. Exhibit A - Page 3 015815.00010;958195.04 Exhibit B Master Planned Community Exhibit B - Page 1 .015815.00010:958195.04 Exhibit C Plan for Development of the ProlJerty Plan for Development. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that the plan on Attachment 1 must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in . .. accordance with the plan as modified, and any such adjustment or modification ~~",b.e..deem.eEl-.....J-"-"o1'~' non-material. In the preceding sentence, the terms "orders, regulations, otdrnances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty~five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use.. ~.) There are no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). . .. . ~- ,...~\:;: '~_.,. .'~~~'... . .. .. "":.,.. b) There are no minimum lot dimensions required for any lot proposed for .:ai"~ntiiltifmmly. ot nonresidential use.. c) There are no other lot dimension requirements for any lot. 3) Buildin2 Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4 ) Lot Covera2e. a) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty' percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C - Page 1 015815~OOOlO:95819S.04 5) Landscaping.. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements.. 7) Open Space. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. As of the date of this Request, the Property is located entirely within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property. Exhibit C - Page 2 o 15815J)()() 10:958195.04 Attachment 1 to Exhibit C ( ., -- ; ,rl) ,. ~ -- 1:= !!:t11tt1i!Jt / E ~lf:JS 'If,.; !~- ," : I ( ...;; J7/f'U.... ""yg.,:"" J I LlI/f::;:5 rr ~ ~ S!: 'i- a : I ~ ~;';' "~' I .: ~:...... N :'. :~ "'.;, ..' '. ~ ~ ~~~~) ~~ CD t3 ~ U; :LI\?"~;,\'~'~~~r~.~,~:~~1't:i~~~i~~'~,'>~:<- \It;~~~~ 11 ! ~~ ~1~:t-~~:~:""'--''''''': ~~ ;~I'.. .;~,..,~,.... .~~' Q':"= EB ~=~ ~.. - ~I ~1 ~. .' .....,. ~~, :'!};!i~:, . .~~~~~ ~r ~ ~~ II 0 5! · . · r .,"" .", - ~ :; ~ ~ w is t. . ~~. -.;t; ~ ~ ~ ..;., ).. ~, ~ - - ~.~ a: 0 .. I ~ '. ~ :::. :: '~... ~,,~)~::t/~~~lM ~~~'~ . -J ~= i{:7 - ~..... '" 4;';;" ~ ~ ~...,.~ ~. _ i'r. !- ~ - - -.. _ ~ ~.J_ . 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I .. ~.... ~.. ......- - ,I .'lIII :::;: "':" ~-- Attachment 1 to Exhibit C - Page 1 015815J)()()10=9S8195~04 REQUEST FOR CONSENT TO THE CREATION OF A WATER CONTROL AND IMPROVEMENT DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ 9 COUNTY OF DENTON TO THE HONORABLE MA YOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L.P~ (the "Owner"), the holder of title to a majority in value of the lands situated within the ''Property'' as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42..042, and more specifically Sections 42~042(a) and (b), and Texas Water Code Chapters 49 and 51, by filing with the City of Denton (the "City") this request for consent to the creation of a water control and improvement district (the ''District'') in the City's extraterritorial jurisdiction (this "Request"), resp.ectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the REDING RANCH WATER CONTROL AND llvIPROVEMENT DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. ll. The District shall be. created and organized under the terms and prOVISIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 51, together .with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. III~ The District shall contain an area of approximately 623.21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the 1 015815.000 1 0:958237.02 District are described by metes and bounds in Exhibit A attached hereto and incorporated herein for all pwposes (the "Property"). All of the Property is within the City's extratenitorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. N. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incoIporated herein for all purposes.. More specifically, the Property will be develop"ed with commercial and residential uses in accordance with the plan for development attached hereto and incoIporated herein for all pwposes as Exhibit C (the "Pro1ect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project. is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v.. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the development of the Property to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fIre, and emergency services for residents within the Property, including the financing of fIre-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and {vi} other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the 2 015815.00010:958237.02 District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. Vill. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a watelWorks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost IX.. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information. as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI.. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042( c) of the Texas Local Government Code (the "Citv's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42..042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII~ WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Reding Ranch Water Control and Improvement District of Denton - County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815.000 1 0:958237 .02 RESPECTFULLY SUBMITTED and effective this Jl day of April, 2006. "OWNER" WHITE CAKE DENTON, L.P., a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: tL-1)~ J ~ Christopher Dance, Manager THE STATE OF TEXAS COUNTY OF D:tllq-S ~ ~ ~ This instrument was acknowledged before me on this the I / fA- day of April. 2006, by J.. Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf of said entity. .~\'m'~ .JJ>~.~.' er!~~ E__~. .,. ~~ : : = i ~... .... ~~i/o;'$"l "'i,..." JOANNE CRAIKER NotalV PubUcf State of Texas My Commission Expires February 02 t 2010 ~ Public in and for eState of Texas 4 o 15815JX)O 1 0:958237 .02 Exhibit A Metes and Bounds Description of the Prooerty DESCR IPT1 ON. Tract 1 205.00 ACRES All that ~certain tmc.t of lan~ situated in the Joh.n Morton Survey. Abstract Number 792. Denton County. Texas. and 0 part of 0 coiled 643.298 acre tract of lond. described .in 0 deed frt.>m Don Redingr Trustee of .the Mary Lou Reding Grantor Trust to Dan ~eding recorded in Volume 4454, P.age 2090, Re.al Property Records of .Den,ton County t. T exes, .ond being more particulQrly described as follows: . COMMENCING from a. pipe fence corner post at the reco.gnized. and occupied Northeast comer of said Reding tract; . THENCE South 00 Degrees 23 Minutes 08 Seconds East o. djstanc~. of 1175.51 feet. to. 0 cappep iron rod fOIlOO for 0 comer. and being the Point of Beginning of t'-'e .herein describea tract and being the South"st cromer of Lot. 1 BlOck One Nye . Addition , . an addition in said. C;ounty. os . shown on the. Plot thereof recorded. in Cqbinet G. Page 213 Plot" Records Denton Co~nty, Texa~;; THENCE North 89 Degrees. 24 Minutes 17 Seconds East a distance of 5.09 feet to a 1/2- iron rod found for comer; . . . THENCE . South 00 Degrees 01 Minutes 41 Seconds West continuing )With the East line of said Reding tt:OGt olong or near.o fence 0 distance. of '.229.76 feet to p capped iron rod foUAd for the Southeast corner of the herein described trqct; THENCE South 89 Degrees 48 Minutes 35 Seconds West with a line par~neJ with the North line of said Reding tract with a line severing said Reding traet a distance of 5200.28 feet to 0 capped iron rod found in ~ the West line. or Said: tract and the East right-af-way line of F.M. Rood 21 64 in a . no n -tango nt curve to the left having- 0 radius of 1188..30 feet: THENCE in Q Northeasterly directiOn along the ore of soid curve with the East right-Jof-way line of said F.kt Rbod on arc distance of 644..90 feet (chord wbeoring of North 16 Degrees 28. Minutes 45 Seconds East Q . distance of 636.99 .feet) to a copped ~on rod found for comer; THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right-af-way line of said F..U'f Raa!J a <frstance ~of 333.40 feet to a. caP.ped iron rod found the most" Westerly Northwest comer of said Reding tract. being the, Southwest comer of Wild. We$t. Addition . a.n addition in soi~ County. according to the PI~ thereof recorded in. C(Jbinet G Pq.ge .150 Plat Records; THENCE North 89. Degrees .46 .Minutes 44 Seconds .East with the South line of soid Wild West Addition arid a North Jine of said Reding t"rdct. along or. n~r a ferree .a distance of 1565.04. feet to 0 metal -t- P()st fence comer found for the Southeast Corree:r of said Additio~: . lHENC.E. North 00 Degrees 12 M".nutes 04 Seconds East with the Ea. tine thereof~ ond ~the most Northerly West line of said Reding ttact. along .or hear !3 fence 0 di,tonce of 1460.86 feet to 0 copped iron rod found for the Northerly 'most Northwest corner. of :jOid Reding tract; THENCE North 89 .Degrees 48 Minutes 35. Seconds .East with the North. ~tine thereof along or. near a fence Q distance of 2690.63 .feet 19 at capped. irQn rod foU(Kt at. the Northwest cpmer 'of 0 29 acre tract sUrveyed under !he di~n and supervision .of 'J.E. Thompson'1)l1 7/18/05; " . THENCE South 00 Degrees 23 Minutes 08.Seconds Er:wt with .the W~t lin.e thereof.. Q distance 01 1175..51 feet to G capped. iron rod set for .the .SouthweSt .comer of .Said 2D (Jcre tr,et:; 1HENCE North 8~ Degrees 48 Mir1utes 35 Seconds East with the SoW;"h tine. thereof, a ~distonce of 7~1.1,3 feet tb the PlACE OF BEGINNING and enclosing 205..00 ai:res of .klnd; more or kms. Exhibit A - Page 1 o 15815J)OOl 0:958237.02 DESCRIPTION Tract 2 203.00 ACRES All that certain tract of lond. situated in the J9hn~~Morton. Survey. Abstract Number ~792:t cnd the P. Yarbrough Survey.. Abstract Number 1447, the ..~. Norment Survey. Abstract- Number 965 and . the. J..W'.. Jogoe Survey.. Abstract Number 1640 Denton County, Texas. and a .part of 0 called . 643oa298 acre tract. of fand described in a deed from Don Reding, Trustee of the Mary Lou Reding Grol1tor Trust to Dan Reding re~orded in Volume 4454, .Page 2090. Real Property Records of Denton County, Texas. and being more particularfy desCribed.08 folloW's: . . BEGINNING for the Southeast comer of the tract bt3ing .described herein at u. point at the base of an old ~fence corner post for "the most Easterly Southeast comer ..of said Red.ing tract and being 'the recognized and occupied Scutheost corner of sqid Morton Survey; THEN<::E North 86 Degrees 42 Minutes ~O. Seconds West ,with -the South fine of said Morton Survey and .olong or near 0 fen.ce -a dr~tonce .of ."069.34 feet. to Q point at the base of on .oJd fence comer post in the East line of Said Yarbro,gh Survey of 0 re-entront .comer of said Reding tract: . . THENC~ South 86 Degrees 49 Miootes. 33 Seconds West~ wjt~.o line severing said Reding tract a distance of 4284.78 feet to a copped. iron roo fdl!nd in th.e 'West line of soid Redi"ng tract and the East righ~-of-way line of F.t.t,. ..Rood ~ 2164; . · ~ . THENCE in 0 general Northeasterly. direction with. the East right-of-way line of said F.M. Rood the following 6 courses and distances;. ". ~ 1..) .North 00 Degrees .14 Minutes 40 Seconds .West Q distance of 120...62 feet to a capped iron rod found for the beginning <?f 0 curve to .the rigtpt having 0 radius of 1076oa30 feet; 2..) dlong the arc of said curve on erG distance of 327..60 feet (chord bearing North 08 O~rees 28 Minu~es 31 Seconds East 0 dhrtonce " .326..34 feet) to a capped iron rod found for the end. of said curve; · 3~) North 05 Degrees 36 Minutes 52 'SecOnds Eq1$t ci distance of 101.94 feet to 0 capped iron rod . set for the betJin ning .of a non-tongant. curve; ~ tQ. the right having 0 radius of 11 01..30 feet; 4.) 010n9 the orc of said c~rve- an orC dlstoncef:>1 649;5.1. f~t (chord bearing .of North 39 Degrees 17 Min~ "35 Seconds East Q di~Qnce OJ '.640..14 feet) to a copped iron rod foundi. 5.) North 56 Degrees 11 'Minutes 20 Seeonde. ~Gst a distance of 404..80 feet to a capped~ iron rod set for the beginning of a curve to the left. .~ing a radius of 1186.30 feet; 6.) along the arc of S(]id cunte on arc di8f9nce. of 4~9~74: (e$t (chord bearing of North 44- Degrees 07 Minutes 15 Seconds East a distam;e of 496.05 feet) to () copped .iron rod- ~founa for the .Northwest corner of the hereJn deseribetJ tract; · . THENCE North 89 Degrees 48 Minutes 35 Seeonds East .with 0 fine severing said. R&ding. tract a dist(mce of 5200.28 feet to Q copped iron. rod tCllnd In- 1he East line of said Reding tract and said Morton Survey; . .THENCE South 00 -pegrees 0 1 ~inutes. 41 . Second~ West with said East line olong or near t1 - fence a distance -of ~ 520.56 teet .to .the- PlACE Of. BEGINNING and. enclosing 203...CJO acres of ~rid . . Exhibit A - Page 2 015815.00010:958237.02 DESCRIPTION Tract 3 215.21 .ACRES All that .certain tract of kind situated in ~he P. Yarbrough Survey, Abstract NOmber 1447. Deriton County, Texas, and a port of a called 643.298 acre tract of lend described in a deed~ from~. Dan Reding, Trustee of the' Mary .Lou Reding Grantor Trust to Don Reding r:ecorded in Volume 4454. Page 2090, RedJ Property Records of Denton County, TexQs, and being more pQ.rlicularty des.cribed 'as follows: BEGINNING for the. Southwest I;omer of the trect being described herein at 0. Cdpped ir.on rod found in the East right-~f-woy line of F.M. Road 2164 at the Southwest eomer of said Reding tract; · . THENCE North 00 Degrees 14 Minutes 44 Seconds West. with the Eost ri9ht~of-woy line of said F.M. Road along or near 0 ~feflce a distance of 1147..12 fecit. to a capPed iron rod found fot: comer: THENCE North 13. Degrees 47 ~nutes 39 Seconds East with the East right-of-way line of ~ F.M.. Road Q distance) of 1CC..08 feet to. 0 capped iron- rod found for comer; THENCE North 00 Degrees 14.' Minutes 40 Seconds West continuing ..th .the .East ri9ht~of-~ line. of said F.M. Road a diStance of 830.48 feet to a capped iron rod foul)d' fpr the NoFtftWest comer of the herein described tract; THENCE. North 86 Degrees 49 Mif)utes 33 Secohd$ East with a line s&vering soid ~eding tract 0 distance of 4284~78 feet to the bose of on old fence com.er post in the East line .of Said Survey; THENCE South 00 Degrees 02: Minutes 21 Seco.nds West with said Survey line oIong or nGOF a fence a distance. .of 2296..05 teet to a fence comer post f.ound for the. SolStheo$t comer of said Reding tract; !HENCE South 89 Degrees 44. Minutes 52 Seconds West. with th~ South I1ne thereof aI.Ong or near 0 fence a distance. of 4292..79 feet to the PLACE OF BEGINNING and. ~nclosing 2-15..21 acres of land.. Exhibit A - Page 3 015815.000 1 0:958237.02 . Exhibit B Master Planned Community Exhibit B - Page 1 015815.00010:958237.02 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the P~operty on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect To the extent that the plan on Attachment 1 must be adjusted to. allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material 9 In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request9 1) Lot Sizes. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use~ c) There is no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use~ c) There are no other lot dimension requirements for any lot. 3) Buildin2 Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4) Lot Coverage. a) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%)9 There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot9 Exhibit C - Page 1 o 15815~OOOl 0:958237 ~02 5) Landscapin~. There are no landscaping requirements~ 6) Tree Preservation. There are no tree preservation requirements.. 7) Open Space. There are no open space requirements.. 8) Park Dedication. There are no park dedication requirements. 9) Property Classification. 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JI~I .1I ~III J JI~1f1 _....~=-'- .:;-...:= -- 1'111"". ..._ _ _ Attachment 1 to Exhibit C - Page 1 o 15815J)()() 10:958237.02 S :\Onr Docnments\Ordinances\06\White Cake Special District. Petition, DOC ORDINANCE NO~ AN ORDINANCE OF . THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT T.O THE CREATION OF A MUNICIPAL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN. APPROXIMATE 623 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY WHITE CAKE DENTON, L.P.; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 1, 2006 White Cake Denton, L.P~ (the "Owner") filed with the City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal utility district, a fresh water supply district, and/or a water control and improvement district on approximately 623 acres of land owned by the Owner (the "Property") and located in the City's extraterritorial jurisdiction as more particularly described in the Requests which are attached hereto and made a part hereofby reference as Exhibit A (the "Requests"); and WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to Tex~ Loc~ Gov't Code ch. 42 and Tex~ Water Code chs. 49 and 54; and . WHEREAS, the Requests include attachments for a "master planned community" (Exhibit B) and a "plan for development" (Exhibit C and Attachment 1 to Exhibit C) associated with the consent.request; and WHEREAS, by letter of May 15, 2006, the Interim City Manager informed . the Owner that the depiction of the master planned community and plan for development were. not requirements for any pennit, including but not limited to a request for consent to form a special district pursuant to Tex. Lac. Gov't Code sec. 42.042, and were not properly before the City; and WHEREAS, the City Council hereby finds that the action taken by this ordinance 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 true and correct and are incorporated herein by reference. SECTION 2~ The City's consent to the creation of the special districts described in the Requests is hereby denied. SECTION 3~ Exhibit B, Exhibit C, and Attachment 1 to Exhibit C to the Requests are hereby rejected and denied for all purposes~ SECTION 4. This ordinance shall become effective immediately upon its passage and approval. S:\Our Oocuments'Drdinant.es\06\ White Cake Special District Petition-OOC PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: day of , 2006~ EULlNE BROCK, MAYOR Page 2 of2 Exhibit A HUGHES I iueE LLp. ATTOR N EYS AN D COU NSELORS 301 Commerce Street Suite 3000 Fort Worthl Texas 76102 817.347~5279 214.939.5849 (fax) May 1, 2006 mli ndelow@hughesluce.com Melissa Undelow VIA CERTIFIED MAIL AND HAND DELIVERY Governing Body of the City of Denton (the Mayor and City Council) cj 0 Jennifer Walters, City Secretary City of Denton 215 E. McKinney Denton, Texas 76201 Re: Requests for the Creation of Special Districts Dear Ms~ Walters: Pursuant to the authority of Sections 42~042(a) and (b) of the Texas Local Government Code and on behalf of the land owner, I am enclosing the following three requests (the "Requestsll) to the City Council of the City of Denton (the IICity") related to an approximately 623-acre tract of land located wholly within the City's extraterritorial jurisdiction and identified by metes and bounds in the Requests (the "Property"): a request for the City's consent to the creation of a Municipal Utility District on the Property; a request for the City's consent to the creation of a Fresh Water Supply District on the Property; and a request for the City's consent to the creation of a Water Control and Improvement District on the Property. The Property will be developed using one or more the three special districts referenced in the Requests. Each of the Requests includes a plan for development of the Property and vests rights pursuant to Texas Local Government Code Section 245.002(a)(2). Sincerely, ~~~~ Melissa Lindelow cc: Edwin Snyder, City Attorney of the City of Denton v--- White Cake Denton, L.P. c/ 0 Kerry Scott 015815.00010:958365.01 REQUEST FOR CONSENT TO THE CREATION OF A FRESH WATER SUPPLY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L.P. (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 53, as amended, by filing with the City of Denton (the "City") this request for consent to the creation of a fresh water supply district (the "District") in the City's extraterritorial jurisdiction (this "Request"). respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I. The name of the proposed District shall be the REDING RANCH FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. II.. The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 53, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas. the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. ID. The District shall contain an area of approximately 623.21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 1 015815.00010:958217.01 for all purposes (the "Property'.). All of the Property is within the City's extraterritorial jurisdiction r<ETJ") and is not within the corporate limits or ETJ of any other municipality. IV.. . The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be developed with commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for all pmposes as Exhibit C (the "Pro1ect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Texas Local Government Code. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v. .Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension. maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems. plants, appliances, enterprises, and related interests in real property (all of the foregoing, both within and outside the District) that are helpful for. necessary for, or incidental to the development of the Property to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial pmposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, rITe, and emergency services for residents within the Property, including the financing of rITe-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in nature. is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the 2 015815.00010:958217.01 District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system. road system, and drainage and storm sewer system. VIll. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042( c) of the Texas Local Government Code (the "Citv's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.. Xll. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Reding Ranch Fresh Water Supply District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815J)OOl 0:958217 60 1 RESPECTFULLY SUBMITTED and effective this R day of April. 2006. THE ST ATE OF TEXAS COUNTY OF D"IJq5 ~ ~ ~ "OWNER" WHITE CAKE DENTON, L.P., a Texas limited partnership White Cake Denton OP, LLC, a Texas limited liability company, its general partner By: J ~ Christopher D f~ This instrument was acknowledged before me on this the 11--1-4- day of April, 2006. by J. Christopher Dance, the Manager of White Cake Denton GP. LLC. a Texas limited liability company, the general partner of White Cake Denton, L.P.. a Texas limited partnership. on behalf ofs · .. JOANNE CRAIKER No~ryC. Public~ 818m of Texas y ommlSSton Expires . February 02, 2010 4 015815~OOO10:958217 .01 Exhibit A Metes and Bounds Description of the Property DESCRIPTION. Tract 1 205.00 ACRES HI that ~certain .tract of land situated in the John Morton SurVey. Abstract Number 792.. Denton County. Texos, and 0 port of Q called 643.298 acre tract. of land- described in a deed from 00(1 R~ding, Trustee of the Uory Lou Reding Grantor Trust tQ Don ~eding recorded in Volume 4454, Page 2090, Reol Property Records of Oell~on County.. Texas, and being more porticulQrly described as foUows: COUMENClNG from a. pipe fence comer post at the recognized and occupied Northeast comer of soid Reding tract; THENCE South 00 Degrees 23 Minutes 08 Seconds East a distance of 1175.51 feet to G cappep iron rod found for 0 corn.erll and. being .the Point of. Beginning of ~ the herein descn~e$i tract and being the Southwest yomer of Lot 1 BlockO"e Nye Addition, an addition in said Gounty, os . shown on the Plat thereof recorded in CQbinet G Page 213 Plot Records Denton Co~nty. Texa~;; THENCE North 89 Degrees 24 Mit'lutes 17 Seconds East 0 disto~ce. pf 5.09 feet to 0 1/2"' iron rod f6Und for comer; THENCE . South 00 Degrees 01 Minutes 41 Seconds West Continuing !fIith the East line of said Reding traGt olong Qr near 0 fence 0 distance of 1229.76. feet to Q copped iron rod foUAd .for the Southeast comer of the herein des.cribed trQct; lHENCE South 89 Degrees 48 Minutes 35 Seconds West with 0 line paralleJ with the North line of soid Reding tract with 0 line severing said Reding traet a distance of 5200.28 feet to a capped iron rod found in' the West .lioe o'f said. tract and the East right-of-way line of F.N. Rood 2164 in 0 non-tangent curve to the left having. 0 radius of 1186.30 feet: THENCE jn Q Northeasterly directiOn along the arc. of said curve with the Eest rtght-'of-way line of .said r.M. Rood an arC distance of 644~90 .feet (chord .bearing of North 16 Degrees 28 Minutes 45 Seconds East Q. distance of 636.99 feet) to Q copped i~on rod found for comer; THENCE North 00 Degrees 54 Minutes 20 Seconds East with the Easl right-of-way line of said F..... Roa!i a c:rrstance .of 333.40 feet to a capped iron rod found the most Westerly Northwest corner of said Redihg tract. being the. Southwest corner of Wild West Addition an addition in soi~ County, according to the Plat. thereof recorded in CQbinet G Pqge 150 Plat Records: THENCE North 89 Degrees '46 Minutes 44 Seconds East with the Soutn line of said Wild West Addition and 0 North Itne of said Reding tract along or nocr 0 fetree a. distance of 1565,04 feel to a metal "t" post fence comer found for the Southeast Con't1r ofsoid Additio!': . lHENCE' North 00 Degrees 12 MInutes 04 Seconds East. with the Ea.. tirte thereof. and -the most Northerly West line of said Reding \tact alang or. near 9 fence 0 di,tance of 1460.86 feet to a copped iron rod found for the Northerly. 'most Northwest. corner. of ~id Redinl). tract: THENCE North 89 Degrees 48 Minutes. 35 Seconds ~ East with the North. f.ne thereof along or near Q fence 0 distance .of 2690.63 feet t9 at capped. iron rod foUJ'KI at. the Northwest cpmer 'of 0 2E> ocre troct sUrVeyed under !hedi~n and supervision of 'J.E.Thompson "on 7/1S/05: . ~ THENCE South 00 Oe9rees 23 ..rrnutes 08 .Seconds E~ with .the W~t fine thereof.. a distance 01 1175.51 f~et to G capped' iron rod set for the Southwest comer. of said 2.0 acre t."et; THENCE North 89. Degrees 48 Mirtutes J~ Seconds East with the South line. thereof. o.distanCe of 7~1.1,3 feet to the PlACE OF B[GtNNING and endosing 205.00 a\':res of teind; more or less. Exhibit A - Page 1 015815.00010:958217.01 DESCRIPTION Tract 2 203.00 ACRES All that cenain tract of land situoted in the J9hn..Morton Survey" Abstract Number 792, and the P. Yarbrough Survey.. Abstract Number 1447. the 'If.. Norment Survey. Abstract. Number 965 and the J.W. Jagoe Survey" .Abstract Number '.640 Oenton County, Texas. and a part of 0 colled . 643.298 acre tract. of lond described in a deed from Don Redin.g, Trustee of the Mary Lou Reding Grol1tor Trust to Don Reding reCiorded in '/plume 4454. Page 2090.' Real Property Recor~s of Denton County. Texas. and being more PQrticuta~ described.os follows: BEGINNING for the Southeast comer of the tract ~ing described herein at d. point at the base of an ~d ~fence corner post for .the most Easterly South.east comer of soid Reding tract and bei.ng 'the recognized and occupied Southeast comer df s~id Morton Survey; THENCE North 86 Degrees 42 Minutes ~O Seconds. West with the South. tine of said Morton Survey and olong or near 0 fence <l di~once .of A069~34 feet- to a point at the base of an oid fence comer post in the East line of said Yarbrofgh Swvey of Q re-entrant c.omer of said Reding tract; ~ . THe:NC~ South 86. Degrees 49 Winutes 33 Seconds .West~ wit~ a line severing said Reding tract o. distance of 4284.a78 feet to 0 copped iron tod f~nd .in the west .-line of so.id Reding . tract and the East righ~-of-way line of F.M. Rood ~ 2164; · . THENCE in 0 general Northeasterly direction with. the EQst right-of-way line of said F.M. Rood the following 6 courses and distances;. . -. . a 1.) North 00 Degrees .14 Minutes 40 .Seconds west a distance of 120.62 feet to a capped iron rod found for the .beginning <?f. 0 curve .to the ri9~t having 0 .radius of 10760130 feet; 2.) dlong the arc of said curve an bro. dista.nce of 327..80 feet (chord bearing North 08. DefJrees 28 Minutes 31 Seconds East 0 dhrtonce .;f 326..34 feet) to a capped iron rod found for the end of said curve;' ~ 3~) North 05 Degrees 36 Minutes 52 1SecOnds EtJ.st a distance of 101.94 feet to 0 capped iron rod set for the befJinninq of a non-tangont curv~:tQ the :right having Q radius of 1101.30 feet; 4.) .olong the arc of said c!Jrve- an arc distance{ :)f 649.51 f~t (chord bearing of North 39 Degrees 17 U'inotE\S .35 Seconds East 0 di~ance Of -640.1.4 feet). to 0 copped iron rod. found; 5.) North 56 Degrees 11 .Minut~ 20 SeConds. ~ast t:J distance of 404.80 feet to d cappedll iron rod set for the beginning of a curve to the left kwlng a radius of 1186..3Q feet; . 6.) along the arc of said curve an arc dist~nee. of 4~9.14: (eM (chord beanos- of North 44- Degrees 07 MinuteS 15 Seconds East CJ distan.;e t# 496.05 feet) to 0 copped -iron rod. .fauna for the ~Northwest ,comer of the hereJn d~scribed troct; . . THENCE North 89 Degrees .48. Wmule$ 35 Seconds East. w.ith 0 line severing said A.R&ding tract a distonce of 5200.28 feet to a. copped . iron rod. fmnd. in .the East .line of eoid Reding tract and said Morton Survey; ~ . - niENCE South 00 1>egrees. 01 Mi~utes 4.1. Second~ West .Wlth said East line olang or near 0 _ fence 0 distance of ~ 520~56 feet. to .the- .PLACE OF BEGINNING ond enclosing 20~OO (Jeres of laud. . Exhibit A - Page 2 015815.00010:958217.01 DESCRIPTION Tract 3 .. 215.21 · ACRES. All .that eertain tract of land situated in ~he P. Yarbrough Survey, Abstract Number 1447. Denton County. T exos, . and a port of. 0 called 643.298. acre tract of land described in ci deed. from 4 . Dan Reding. trustee of the .Mary I-ou Reding Gront()r Trust. to Dan R8ding r:ecord8d in Volume 4454. Page 2090,. Redl Property Records of Oentt?n County, Texas. and ooing more partioularty. described . as follows: BEGINNING for the. Southwest .comer o.f the treet being described herein at G ccspped ir.on rod found in the East right-~f-wdy fi.ne of F .M~ Road 2'164' at the Southwest earner of said Reding tract; · . THENCE ,North 00 :Degrees 14 Minutes 44 Seconds West wi~ the East right':"'of-way line of said F.M. Road al.ong or near 0 ~feAce 0 distance of 1147.12. f~t to a capPed. iron rod found fo~ corner; THENCE North 13 .:Degrees 47 ;Minutes ~ Seconds East witb the East right-af-way line of Sf;Iid F.M. Road a distance' of 1 a5.08 feet to a copped iron- rod found for corner; THENCE North 00 Degrees 14.. Minutes 40 Seconds West continUing *ith the East right--:-of-~ line. of said F.M. Rood a diStance. of 830,,48 feet to 0 capped iron rod fouJ)d. fpr the .Nor:tft.west comer of the herein described tract; . THENCE North 86 .Degrees 49 Mit:lutes 33 SecOhd$ East .with a .line sevenng soid ~eding tract 0 distance of 4284.78 feet to the base of on old fence comer post in the East line of .said Survey;. THENCE South 00 .Degrees 02. Minutes .21 Seconds West with said Survey lirre along or Mar Q fence a distance. Qf 2296..05 teet to Q. fence comer post. .found for the. Southea$t" comer of said Reding tract; .' . . . THENCE South 89 :Degrees 44. Min.utes 52 Seconds. West. with the. South rtne thereof aI.Oi:tg or near a fence Q distance of 4292.1.9 feet to the PlACE O.F ..BEGlNNlNG and. ~closing 2.1"S~21 acres of land. Exhibit A - Page 3 015815.000 10:958217.01 Exhibit B Master Planned Community Exhibit B - Page 1 015815.00010:958217.01 Exhibit C Plan for Development of the Property Plan for Development.. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that the plan on Attachment 1 must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material.. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the "meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes.. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty_-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use~ c) There is no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use. e) There are no other lot dimension requirements for any lot. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4 ) Lot Coverage. a) There are no lot coverage requirements for any us"es other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex us-e shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C - Page 1 015815,000 1 0:958217.01 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Open Space.. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Propertv Classification. 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'---- .. ....) r..."., ''''\ :-- ~ ~ _.'::'''-~7\-~- ;: ~.-.;- · . ':; -. - ~ ~.. , - . . - ... ""r '" - 1" - ....., ." ,'.. '-.' "~: '";:..:.~"" ,\\ ...... {', ~ ~ \. \ ,-..~---. ... ;~\ ~~...: \) ~ - " .. '\ .. · < - \ J } J ~ ~,,~ - 1 l' ,v ' . .. +. '. ..... . ; . ~ . \, .. _. ' ...... _ ,\~ .. I T - " ~. ......... ., '.. ~. ,. J l' r::'I ..-- .;;;;;;." ~ .:--=.;" - 15'1...... ...+_ IIIIIIIIIIIIII'_ ........._ ~.. .. Attachment 1 Exhibit C - Page 1 015815.000 1 0:958217 .01 REQUEST FOR CONSENT TO TIlE CREATION OF A MUNICJPAL UTILITY DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION COUNTY OF DENTON ~ ~ ~ THE STATE OF TEXAS TO TIIE HONORAB.LE MA YOR AND CITY . COUNCIL. OF THE CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L.P. (the "Owner"), the holder of title to a majority in value of the lands situated within the ''Property'' as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting.pursuant to the provisions of Texas Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 54, and more specifically Section 54~016, by filing with the City of Denton (the "City") this request for consent to the creation of a municipal utility district (the "District") in the City's extraterritorial jurisdiction (this "Request")~ respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I.. The name of the proposed District shall be the REDING RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. ll. The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59" of the Constitution of Texas, Texas Local Government Code Section 42.042 .and Texas Water Code Chapter 54, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District.. ill. The District shall contain an area of approximately. 623.21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 1 015815~OOO10:958195.04 for all purposes (the "Property").. All of the Property is within the City's extraterritorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality. N. The Property is proposed. to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein. for all. purposes. More specifically, the Property will be developed with commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for all purpos.es as Exhibit C (the "Proiect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245.002(a)(2) and 245.002(a-l) of the Tex.as Local Government Code.. The plan for the Project requires that the Property be developed with District improvements, including, but not limited to, water, wastewater, road, and drainage improvements. The Project is intended to be developed under the rules and regulations currently applicable to the Property and in the manner shown on Exhibit C. v~ Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the foregoing, both withiJ? and outside the District) that are helpful for, necessary for, or incidental to the development of the Property to include the following: (i) waterworks and sanitary sewer systems for domestic and comme~ia1 purposes; (ii) drainage and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, frre, and emergency services for residents within the Property, including the financing of frre-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. VII. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes~ There is not available to serve the Project an adequate waterworks system, sanitary sewer system, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. 2 015815.000 1 0:958195.04 VIll. The proposed improvements are feasible and practicable.. There is an ample supply of water available, and the terrain of the Property is such that a waterworks syste~ a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42~042 of the Texas Local Government Code and Section 54.016 of the Texas Water Code require the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code and Section 54.016 of the Texas Water Code (the "City's Consent").. This Request constituteS an application for a .permit, which pennit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to petform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Redin.g Ranch Municipal Utility District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project.. 3 01581SJXXU 0:958195.04 RESPECTFULLY SUBMITTED and effective this ~ day of April. 2006. "OWNER" WHITE CAKE DENTON, L.P~, a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: J. y~ THE ST ATE OF TEXAS ~ ~ ~ COUNTY OF F:::k II ".s This instrument was acknowledged before me on this the / I ~ day of April, 2006, by J. Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on be"half of said entity. .~,p.,,,~ " ~~'\J;:,!.Y ~t~~~ JOANNE CRAIKER Soli.. .~~ N : : i otary Public, State of Texas $~. ..~~ My Commission Expires ~':'ii,1~# February 02 t 201.0 4 015815~OOO 1 0:958195.04 Exhibit A Metes and Bounds Description of the Property DESCRIPTION. Tract 1 205.00 ACRES AJI that ~certain tract of lan<:f situated in the John Morton Survey, Abstract Number 792, Denton County. Tex(ls. and 0 part of 0 called 643.298 acre tract of land described in a deed frtm1. 000 R.,ding, Trustee of the Mary Lou Reding Gro"ntor Trust to Dan Reding recorded in Volume 4454, Page 2090, R"eol Property "~ecords of Den,ton Countyt~ Texas, bnd being more particularly described as follows: Exhibit A - Page 1 o 15815JX)O 10:958195"~04 DESCRIPTION Tract 2 203..00 ACRES All that certain tract of land situated in the J9hn.~Morton Survey. Abstract Number 792, cnd the P. Yarbrough Survey. Abstract Number 1447, the 'If. Norment Survey. Abstract. Number 965 and the J..y!. Jagoe Survey., Abstract Number 1640 Denton C.ounty. Texas. and a part of O. coiled . 643..298 acre tract. of lond described in a deed from Dan Redin'g, Trust~ of the .Mary Lou Reding Grcl1tor Trust to Don Reding reqorded in VpJume 4454, Poge 2090, Real Property Records of Denton County. Texas. and being more particularly described ~Q8 follows: " . BEGINNING for the Southeast comer o.f the tract bt;!ing described herein at d~ point at the base of an Old :fence corner post for 1he most Easterly Southeast comer ~of .said Reding tract and being lhe recognized and occupied Southeast comer of ~id. Mo.rton Survey; THENCE North 86 Degrees 42 Minutes ~O Seconds.. West with the South line of said Morton Survey and olong or near. a fence -0. di~ance of tl069~34 feet. to Q. point at the base of an oJd fence comer post in the East line of said Yarb.ro~g.h Survey of 0 re-entront comer of said Reding tract; . . 1 . THENC~ South 86 Degrees 49 Minutes 33 Second" West~ wit~ a line severing said Reding tract 0 distance of 4284.78 feet to Q copped iron. rod fd&!nd in the West line of said Reding tract and the East ri9h~-of-wQY tine of F.U. Rood. 2164; · THENCE in a generaf Northeasterly direction with. the East right-of-way line of said F.M.. Rood the following 6 courses and distances;' .' t 1.) North 00 Degrees' 14 Minutes 40 Seconds West d distance of 120.62 feet to 0 capped .iron rod .found for the beginning ~f Q curve to the. rig~t having 0 radius of 1076~30 feet; 2..) dlong the arc of said curve an ore distance of. 327..60 feet (ch.ord bearing North 08 Degrees 28 Minutes J 1 Seconds East 0 distance ;r 326..34 feet) to a ca.pped iron rod found for the end of said curve; · 3~) North 05 Degrees 36 Minutes 52 ~Se.conds. Ecpst a .distance of 101.94 feet to 0 capped iron rod set for the befJinninq of a non-tangant curve; :tQ the right having Q. radius of 1101..30 feet; 4..) along the arc of said c~rve- an arc dfstance~ ~f 649~51 ftret (chord ,bearing of North 39 Degrees 17 Minot. '35 Seconds East Q dUrtance .Of '640.14 feet) to Q. copped iron rod found; 5..) North 56 Degrees 11 "Minutes 20 Seconds. ~st a distance of 404.80 feet to d capped~ iron rod set for the beginning of 0 CUNe to the left ~ving a radius of 1186..3Q feet; , 6.) along the orc. of soid curve an ~arc distpnce. of 4~9..74.. (eet (chord beannS' of North 44- Deg.rees 07 Minutes 15 Seconds. East. a distance tJf 496.05 feet). to o. copped -iron rod- ~founa for the ~Northwest comer of the herein described .tract; · · THENCE Ndrth 89 Degrees 4a 14inule$ 35 Seconds. East. with 0 line seve~ng said ~ Reding troct a distonce of 5200.28 feet to a capped iron rod foond in the East line of eoid Reding tract and said Morton Survey; ~ . . :rHENCE South 00 -pegrees 01 t)(inutes 41. Second4. .West with said East line along or near 0 _ fence a distance -of ~ 520..56 feet to .the- PLACE OF. .BEGINNING and enclosing 203~OO acres of larid.. . . Exhibit A - Page 2 015815.00010:958195.04 DESCRIPTION Tract 3 2151r21 .ACRES~ All that eertain tract of land situated in ~he P. Yarbrough Survey, Abstract Number 1441. Denton County, Texas, and a part of a coiled "643.298" acre tract of land described in a dUd. from. ~ Dan Reding, lrustee of the" Mary Lou" Reding Grontbr" Trust to Don "R8ding r:ecorded in Volu"me 4454, Page 2090, Redl Property Records of Denton County, Texas. and being more particularly described 'as follows: " + BEGINNING for the ~ Southwest Qomer of "the troct being described herein at 0. Cdpped ir.-on" rod found in the East right-~f-woy line of F.M~ Road 2164 at the Southwest eorner of said Reding tract; · . THENCE North 00 Degrees 1-4 Minutes 44 Seconds West with the East right':"'of-way line of said F.M. Rood along or near a ~fef1ce 0 distance of 1147..12 fe4it to Q copped iron rod foUhd for: "" comer; THENCE North 13 Degrees "47 ;Minutes ~ Seconds East with" the East right-of-way line of sqid" F..M. Rood a distan~ of 1 aJ.08 feet" ,to a copped irora-" "rod foUrid for comer;" " " THENCE North 00 Degrees 14.. Minutes 40 Seconds West continuing .ith" the East ri9ht~of-~ line. of said F.M.. ROad a diStance of 830.48 "feet to 0 capped iron rQd foul)d. fpr" tM No~ comer of the herein described tract; THENCE North 86 Degrees 49 Mif)utes 33 Sec()hds "Eost" with a line stNering said .Reding tract Q distance of 4284.78 feet to the bose of on old fence" comer post in the East line of said " Survey; THEi'lCE South 00 Degrees 02. Minutes 21 S.conds West with said Survey line along or n,.CJT a fence a distance, of 2296.05 teet to 0 fence comer post found for the. SoutheaSt comer of said Reding tract: THENCE South 89 Degrees 44. Minutes" 52 Seconds" West .w"ith the South tine thereof aI.~ or near a fence a distance of 4292.79 feet "to "the PlACE OF BEGINNING and. tlOclosing 2.1 5.21 acres of land. Exhibit A - Page 3 o 15815..()00 10:958195.04 Exhibit B Master Planned Community Exhibit B ~ Page 1 015815.00010:958195.04 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment 1 to this Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state, or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that the plan on Attachment 1 must be adjusted to allow development of the Property to occur in accordance with any orders, regulations, ordin.ances,. rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in _ ._. accordance with the plan as modified. and any such adjustment or modification~~,b&deem~,",,7-""''''l non-material. In the preceding sentence, the terms "orders, regulations, otaIii1mces, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code" Defined terms in this Exhibit C shall have the same meaning they have in. the body of this Request. 1) Lot Sizes.. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%).. b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. ~) There are no other lot size requirements for any lot 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%)~ _. . - ~~ ..' b) There are no minimum lot dimensions required for any lot proposed for-~Jti1tif~IY or nonresidential use.. c) There are no other lot dimension requirements for any lot. 3) Building Size.. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4 ) Lot Coverage. a) There are no lot coverage requirements for any uses other ~an a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty. percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use~ Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot Exhibit C - Page 1 015815.00010:958195~04 5) Landscaoine:. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Open Space. There are no open space requirements.. 8) Park Dedication. There are no park dedication requirements.. 9) Property Classification. As of the date of this Request, the Property is located entirely. within the ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the Property. Exhibit C - Page 2 015815.000 10:95.8195.04 Attachment 1 to Exhibit C ( " -- . ~) I · ~ -- '. / ~ ~fJ::, ilt1lJ:/I m~~ ~' !~i :- '. I l' .I ~ = ......A~j.lJ/P 1 C:1 ~ -I; i :.:; 'J.' J .: ::........ - l~1 ,.', · ....; .,'.. \..-11 t:;~.......r. ~ r/~ ?: ~~~ ti ~ ~; I I,;, :;,:~I'..::::';", "'.fi;...t "':,,1/\':;' :~. ..); ,- .:. 'l~ ;>..'~~~~ ~~~ ~~~ 7_ :S 8~ _L' [1 f.' ~:...~ .:.;: .r11: I" .hll!1:( t j - F '- ~ ~ ~ Ii' :'1:I: i= ~ i ~.t1~~(l'~ ~,' ':. .lr:::...~~ ~~,. ,..~~;~~~;~ ' ..... 'iil~ ~i~ ~i ~i ... I _ . _ ~ ;;. ~~.... ,../t:.~JA ~~~ ~~. ~~ ~... . r- ~ - ;. ~ ... .Ii .. ~ ::::I. ...... i- "VIA ~ ~ ...., -' J r -"::i: ~ ~,~ . 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". ~ JIKI .!J~h J f1511 I i I f I .J"~ 1r', 17 n.._ .:-..:=- ....... -- - - Attachment 1 to Exhibit C - Page 1 015815.00010=958195.04 REQUEST FOR CONSENT TO THE CREATION OF A WATER CONTROL AND IJ.\{pROVEMENT DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ TO THE HONORABLE MAYOR AND CITY COUNCn., OF THE .CITY OF DENTON, TEXAS: The undersigned, WHITE CAKE DENTON, L.P. (the "Owner"), the holder of title to a majority in value of the lands situated within the "Property" as hereinafter defined and described, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas Local Government Code Section 42..042, and more specifically Sections 42.042(a) and (b), and Texas Water Code Chapters 49 and 51, by filing with the City of Denton (the "City") this request for consent to the creation of a water control and improvement district (the "District") in the City's extraterritorial jurisdiction (this "ReQuest"), respectfully requests the City Council of the City for its written consent to the creation of the District and would respectfully show the following: I~ The name of the proposed District shall be the REDING RANCH WATER CONTROL AND Th1PROVElvfENT DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name.. II. The District shall be created and organized under the terms and prOVISIons of Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 51, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government Code, the Texas Water Code, and all general laws applicable to the District. ID. The District shall contain an area of approximately 623..21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the 1 015815.000 10:958237 .02 District are described by metes and bounds in Exhibit A .attached hereto and incorporated herein for all purposes (the "Property"). All of the Property is within the City's extratenitorial jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality.. N. The Property is proposed to be developed as part of the master planned community depicted on Exhibit B attached hereto and incorporated herein for all purposes. More specifically, the Property will be developed with commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for all purposes as Exhibit C (the "Pro1ect"), which plan for development is hereby filed with the City pursuant to the authority of Sections 245~002(a)(2) and 245.002(a-l) of the Texas Local Government Code" The plan for the Project requires that the Property be developed with District improvements, including, but not limited tOt water, wastewater, road, and drainage improvements.. The Project. is intended to be developed under the rules .and regulations currently applicable to the Property and in the manner shown on Exhibit C~ v. Owner holds title to all of the land within the proposed District and is the owner of all the value of the land therein as shown on the tax rolls of Denton County, Texas. VI. The general nature of the work proposed to be done by the District at the present time includes all work that the District is authorized to perform by the Constitution of Texas and by the applicable provisions of the Texas Water Code including, but not limited to, the purchase, design, acquisition, construction, improvement, extension, maintenance, repair, and operation of infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and related interests in real property (all of the . foregoing, both within and outside the District) that are helpful for, necessary for, or incidental to the development of the Property to include the following: (i) waterworks and sanitary sewer systems for domestic and commercial putposes; (ii) drainage. and other storm water management systems to control, abate, and amend local storm waters or other harmful excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv) police, fIfe, and emergency services for residents within the Property, including the financing of fIre-fighting equipment and facilities; (v) parks and recreational facilities for residents within the Property; and (vi) other services, systems, and benefits for the benefit of residents within the Property. Vll. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in.nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial purposes. There is not available to serve the Project an adequate waterworks system, sanitary sewer syst,em, road system, or drainage and storm sewer system, and the health and welfare of the future inhabitants of the 2 015815.000] 0:958237.02 District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. Vill. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the Property is such that a watelWorks system, a sanitary sewer system, a road system, and a drainage and storm sewer system can be constructed at a reasonable cost IX. A preliminary investigation has been made to determine the cost of the work proposed to be done by the District, and Owner now estimates, from such information" as is available at this time, that the cost of such work will be approximately $36,000,000. x. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI~ Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation of law under Section 42~042(c) of the Texas Local Government Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought.. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Reding Ranch Water Control and Improvement District of Denton - County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project.. 3 015815.00010:958237.02 RESPECTFULLY SUBMTITED and effective this -11- day of April, 2006. "OWNER" WHITE CAKE DENTON, L.P~, a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: L I)~ J. Christopher Dance, Manager THE STATE OF TEXAS COUNTY OF [Pllq 5 9 ~ ~ This instrument was acknowledged before me on this the I / fit... day of April. 2006, by J. Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf of said entity. <:~v~::''- JOAN HE CRAIKER (..~..- .....:\ Notary PubUCt State of Texas ! ;..j My Comml.slon Expires ~. ii;\~'S.~ FebrUary 02. 2010 :ftti"",\~ . , . .' . ~. ary Public in and for eState of Texas 4 o 15815J)OO 10:958237.02 Exhibit A Metes and Bounds Description of the Propertv DESCRIPTION, Tract 1 205.00 ACRES All that. ~certain tract of lan~ situated in the John Morton Survey. Abstract Number 792. Denton County, TexQs. o.nd 0 part of 0 called .643.298 acre -tract of lond~ described ..in 0 deed from 000 R~djng.. Trustee o,f the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume. 4454, P.oge 2090, Re.al Property Aecords of Oen~on County.~ Texas, bnd being more particutQrly d.escribed as follows: . COMMENCING from a. pipe fence comer post at the reco.gnized. and .occupied Northeast comer of soid Reding tract; THENCE South 00 Degrees 23 Minutes 08 Seconds East o. distance.. of 1175.51 feet. to G cappep iron rod fGqnd for 0 comer. and being. the Point of Beginning of. the herein describ~ tract and being the Southwe.st cromer of Lot 1 BlOck One Nye .Addition, an addition in said.. ~ounty, as - shown on the. Plot thereof recorded in Cqbinet G Page 213 Plot Records Denton Co~nty~ Texa,;; TH'ENCE North 89 Degrees. 24 Minutes 17 Seconds East. Q. distQ~ce of 5.09 feet .to a 1/2- iron rod found for comer; THENCE' South 00 Degrees 01 Minutes 41 Seconds West eonti.nuing with the East nne of said Reding tr.aGt olong or ne.ar 0 fence a distance. of '.229,,76.feet to p copped iron rod foUAd -for the Southeost corner of the herein described troct; lHENCE South 89 Degrees 48 Minutes 35 Seconds West with a line PQr~lIel with the North line of said Reding tract with a line severing saId. Reding troet a distance of 5200.28 feet "to 0 capped iron rod found in. the West line. o~ said.. tract and. the East right-af-way line of F.M. Rood 2164 in 0 .non-tangent curve to the left havittg. Q radius of 1186..30 feet: TIiENCE In Q Northeasterly direction along the arc of said curve with the East rig"ht-:of-way line of said FJ.t Rood on arc distance of 644,90 feet (chord .bearing of North 16 Degrees .28 Minutes 45 Seconds East a . distance of 636oa99 feet) to a copped ~on rod found for comer: THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right-of-way line of said F.M. Roo~ a crJStance ~Gf 333.40 feet to a. caP.peel iron rod found -the most Westerly Northwest comer of said Reding tract. being the- Southwest co~r of Wild West Addition ..an addition in said County. according to the Plat thereof recorded .in. CQbinet G pqge 150 Plot Records; THENCE North 89. Degrees .46 .Minutes 44 SecondS. .East with the South line of said Wild west Addition and a North fine of said Reding tract. ol.ong or. neer 0 fen-ce Q distance of 1565.04. feet to a metal -t- post fenc6. comer found for the Southeast Corter of said .Additio~: - lHENCE. NOrth 00 Degrees 12 Minutes 04 Seconds . East w.ith the East Une thereof. and ~the most Northerly West tine of said Reding ttoct olang or hear !l fence 0 di,tonce of 1460~S6 feet to 0 capped iron rod found for the. Northerty -most Northwest corner. of Qaid Reding tract; THENCE North 89 .Degrees 48 Minutes 35 Seconds .East ...ith the North.'Une lhereof along or near a fence 0 distance of 26g().63 .feet 19 at capped. iron rod fotJJ1d at ~ the Nortttwest c.omer 'of Q 29 acre tract surveyed under !he di~ion and supervision .of "J.E. Thompson "1)" 7 /18/05; . . THENCE South 00 Degrees 23 Minutes 08 .Seconds E~st with ~the W~t fine thereof...Q distance of 1175.51 f$et to B capped-iron rod set for .th$ Southwest corner of .Soid 2.0 (lcre tF9et: 1HENCE North 8Q Degrees 48 Uir1utes 3S Seconds East with the South line. thereaf, o. distance of 7~1.1"3 feet to the PlACE OF BEGINNING and enclosing 205.00 Q~res of .iClnd~ more or t-E!SS. Exhibit A - Page 1 015815.00010:958237.02 DESCRiPTION Tract 2 203M ACRES All that certain tract of land .situated in the J9hn..Morton. Survey, Ab.stroct Number .792. and the P. Yarbrough Survey, Abstract Number 1447, the . \If. Norment Survey. Abstract.. Number 965 and the. J..W.. Jogoe Survey" Abstract Number 1640 Denton County. Texas. and a part of 0 coiled . 643.298 acre tract. of fond described in a deed from Dan Reding~ Trustee of the Mary Lou Reding Grol1tor Trust to Don Reding re~orded in Volume 4454, Page 2090,. Real Property Records of Denton County. Texas. and being more particularty described.08 follows: . . BEGINNING for the Southeast comer of the tract bJ;!ing .described herein at d~ point at the base of an old :fence corner post for 1he most Easterly Southeast comer of said Red.ing tract and being 'the recognized and occupied Southeast comer of ~id Morton Survey; THENCE North 86 Degrees 42 Minutes ~O Seconds West .with the South tine of. said Morton Survey <Jnd 01009 or near 0 fen.ce -0 di~ance of ..~069~34 feet~ to 0 point at the base of an oJd fence corner post in the East line of said Yarbro,gh Survey of a re-entront comer of said Reding tract; . . THe:NC~ South 86 Degrees 49 Minutes. 33 Seconds West. w.it~.o line severing said Reding tract a distance of 4284.78 feet to 0 cop.peeI ..iron rod. fdLtnd in the .WeSt line of said Reding tract and the East righ~-of-way line of F.M...Rood.2164;.. · . THENCE in 0 general Northeasterly direction with. the East right-of-way line of .said F.M.. Rood the ftHlowing 6 courses on(l distances;. ... 1.} North 00 Degrees .14. Minutes 40 Seconds West a distance of 120~62 feet to a copped iron rod found for the beginning i?f Q curve to the rig~t having 0 .radius of 1076.30 feet; 2..) dlong the arc of said curve an arc distance of 327.60 feet .(chord bearing North 08 D~rees 28 Minu~es 31 Seconds East 0 di$tonce ~ 326.34 feet) to a capped iron rod found for the end of said curve; . . . ~ 3~) North 05 Degrees 36 Minutes. 52 .Seconds E(f$t. a distance of 1 0 1 ~94 feet to 0 capped iron rod . set for the beginning of a non-tangant. curve; ~ tQ. the right having 0 radius of 1101 ~~ feet; 4.) along the arc of said: c~rve- an arc distance { of 649."51 f~t (chord bearing .of North 39 Degrees 17 Minot. .35 S*conds East 0 di~GACe Of '.640.14 feet) to a copped iron rod found; S...) North 56 Degrees 11. 'Minut~ 20 Seconde. ~ost a distance of 404.80 feet to a capped' iron rod set for the beginning of a curve to the left. ~pving 0 radius of 1186~3Q feet; 6.) along the arc of soid curve an orc di~nee. of 4~9~74.. (e$t (chord. beanoSJ of North 44- Degrees 07 Minutes 15 Seconds East 0 distom:e tJf 496.05 feet) to 0 capped .iron rod- .founit for the .Northwest corner of the herein deseribe'O tract; ~ . THENCE North 89 Degrees 48 Uinut8$ 35 Seconds East with a line . severing said. R&ding tract a distQnce of 5200.28 feet to Q capped iron. rod frond r,.. ihe East line of said Reding tract and said Morton Su.rye)'; · . ' ATHENCE South 00 -pegrees 01 J.,finutes. 41 . Second~ West with said East line orang or near fJ . fence a distance -of ~ 520..56 feet to .the PlACE OF BEGINNING and enclosing 203....00 (Jeres of load.. . . Exhibit A - Page 2 015815.00010=958237~02 DESCRIPTION Tract 3 215.21 · ACRES. All that .certain tract of lond situated in ~he P. Yarbrough Survey, Abstract Number 1447'. Denton County, Texas, and a part of a called 643.298 acre tract of lend described in 0 deed~ from. · Dan Reding. lrustee of the' Mary Lou Reding Grantor Trust to non. R8ding r:ecorded in Volume 4454. Page 2090, Redl Property Records of Denton County. Texas, and being more parlicuk1rly described 'as follows: . . BEGINNING for the. ~ Southw.est comer of the tract being described herein. at G ccspped ir:on rod found in the East right-~f-wdy fine of F.M~ Road 2164 at the Southwest corner of said Reding tract; · . THENCE North 00 Degrees 14 Minutes 44 Seconds West *ith the East right':""of-woy line of said F.M. Rood o.long or near Q .fence 0 distance of 1147~ 1"2 fefit to a copPed iron rod found fot: comer; THENCE North 13 Degrees 47 ;Minutes ~ Seconds East with the East right-of-way line of ~id F.M~ Road Q distance) of 1 (J'J.OO feet to Q copped iron- rod folJrLd for corner: THENCE North 00 Degrees 14. -Minutes 40 SecQnds West continuing ",ith. the .East right-:",of-Woy line ~ of said F"M. Road d diStance of 830.48 feet to 0 capped iron rod found. fpr the Nor:tttWest comer of the herein described tract: THENCE, North 86 Degrees 49 ~.tit:lutes 33 Sec()hd$ East with a line. severing said .Reding .tract Q distance of 4284.78 feet to the bose of on old fence comer post in the East line .of said Survey; THENCE South 00 Degrees 02~ Minutes .21 Seco.nds West with said SUrvey lirre along or ~lJF a fence a djstance. of 2296..05 teet to o. fence comer post fou.nd for the" Sotsthea$t comer of said Reding tract; tHENCE South 89 Degrees 44. Minutes 52 Seconds West + with th~ South rine thereof aI"~ or near 0 fence a distance. of 4292..79 feet to the PLACE OF BEGrNN!NG and. <<:lnclosing 2.15.21 acres of land. Exhibit A - Page 3 015815.000 1 0:958237.02 . Exhibit B Master Planned Cormnunity Exhibit B - Page 1 015815.00010:958237.02 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment 1 to this. Exhibit C and the development standards set forth in this paragraph and in subparagraphs 1- 9 below (collectively, the "Plan for Development"), except to the extent that the Plan for Development conflicts with a valid and enforceable local, state. or federal law that is legally applicable to the Property on the date of this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for Development shall remain in full force and effect. To the extent that the plan on Attachment 1 must be adjusted to. allow development of the Property to occur in accordance with any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect on the date of this Request, the owner of the Property or developer of the Property may make such adjustments to the plan and may develop in accordance with the plan as modified, and any such adjustment or modification shall be deemed non-material. In the preceding sentence, the terms "orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the meaning attributed to those terms under Section 245.002 of the Texas Local Government Code. Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request. 1) Lot Sizes. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. e) There is no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use~ c) There are no other lot dimension requirements for any lot. 3) Building Size. There are no building size requirements for any use, including but not limited to requirements that a building be a minimum or maximum size. 4 ) Lot Coverage. a) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C - Page 1 015815~OOO 1 0:958237 .02 5) Landscaping. There are no landscaping requirements. 6) Tree Preservation. There are no tree preservation requirements. 7) Open Space. There are no open space requirements. 8) Park Dedication. There are no park dedication requirements. 9) Propertv Classification. 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" ... ~. , i 1 \ ~I" - \ :1 I ...... =" =...:::..~- .::-...::: -- nt_~ .,_ _ _ Attachment 1 to Exhibit C - Page 1 o 1581SJ)OOl 0:958237 .02 AGENDA INFORMATION SHEET AGENDA DATE: May 16, 2006 CM: Electric Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the Interim City Manager of a power purchase agreement by and between City of Denton, Texas and Constellation Energy Commodities Group, Inc., a Delaware Corporation; approving and authorizing the acceptance and approval by the Interim City Manager and City Attorney of a guarantee issued by Constellation Energy Group, Inc., a Delaware Corporation; authorizing and approving the execution of such other related documents, including, without limitation, certificates, assignments, licenses, directions, instruments, and statements by the Interim City Manager or his designee, which are incident or related thereto, as shall be reasonably determined by the City Attorney or his designee; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council Members, its Interim City Manager, and its City Attorney or his designee shall be authorized and empowered to perform such acts and obligations as are reasonably required to consummate this transaction; ratifying all prior actions taken by the City Council in furtherance of the foregoing transactions; and determining that several of said agreements pertain to a "Competitive Electric Matter" as set forth under the provisions of SS551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that Texas Government code S252.022(a)(15) applies; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; that the purchase of capacity and energy, and other related arrangements made by the City under the terms of this purchase power agreement are in the public welfare; authorizing the expenditure of funds therefor; providing an effective date. BACKGROUND This item was reviewed and discussed in your Closed Session Meeting, May, 16,2006. EXHIBITS 1. Ordinance Respectfully submitted, ~ll. Sharon Mays Electric Utility Director ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXECUTION BY THE INTERIM CITY MANAGER OF A POWER PURCHASE AGREEMENT BY AND BETWEEN CITY OF DENTON, TEXAS AND CONSTELLATION ENERGY COMMODITIES GROUP, INC., A DELAWARE CORPORATION; APPROVING AND AUTHORIZING THE ACCEPTANCE AND APPROVAL BY THE INTERIM CITY MANAGER AND CITY ATTORNEY OF A GUARANTEE ISSUED BY CONSTELLATION ENERGY GROUP, INC., A DELAWARE CORPORATION; AUTHORIZING AND APPROVING THE EXECUTION OF SUCH OTHER RELATED DOCUMENTS, INCLUDING, WITHOUT LIMITATION, CERTIFICATES, ASSIGNMENTS, LICENSES, DIRECTIONS, INSTRUMENTS, AND STATEMENTS BY THE INTERIM CITY MANAGER OR HIS DESIGNEE, WHICH ARE INCIDENT OR RELATED THERETO, AS SHALL BE REASONABLY DETERMINED BY THE CITY ATTORNEY OR HIS DESIGNEE; CONFIRMING AND RATIFYING THAT THE CITY OF DENTON, TEXAS, ITS MAYOR, ITS CITY COUNCIL MEMBERS, ITS INTERIM CITY MANAGER, AND ITS CITY ATTORNEY OR HIS DESIGNEE SHALL BE AUTHORIZED AND EMPOWERED TO PERFORM SUCH ACTS AND OBLIGATIONS AS ARE REASONABLY REQUIRED TO CONSUMMATE THIS TRANSACTION; RATIFYING ALL PRIOR ACTIONS TAKEN BY THE CITY COUNCIL IN FURTHERANCE OF THE FOREGOING TRANSACTIONS; AND DETERMINING THAT SEVERAL OF SAID AGREEMENTS PERTAIN TO A "COMPETITIVE ELECTRIC MATTER" AS SET FORTH UNDER THE PROVISIONS OF SS551.086 AND 552.133 OF THE TEXAS GOVERNMENT CODE, AS AMENDED; FINDING AND DETERMINING THAT TEXAS GOVERNMENT CODE S252.022(a)(15) APPLIES; ADOPTING SIGNIFICANT RECITATIONS, FINDINGS AND CONCLUSIONS, AS ARE SET FORTH IN THE PREAMBLE OF THIS ORDINANCE; THAT THE PURCHASE OF CAPACITY AND ENERGY, AND OTHER RELATED ARRANGEMENTS MADE BY THE CITY UNDER THE TERMS OF THIS PURCHASE POWER AGREEMENT ARE IN THE PUBLIC WELFARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("Denton") is a Home-Rule City and a Texas municipal corporation governed by the constitution and laws of the State of Texas; and WHEREAS, in accordance with the provisions of S551.086 of the Texas Government Code, after due notice of the public meeting was provided as required by law, this Power Purchase Agreement transaction ("Transaction") was submitted for consideration to the Denton Public Utilities Board on the 15th day of May, 2006; a majority of the Public Utilities Board ("PUB"), a "Public Power Governing Body" as defined by State law, convened a Closed Meeting as permitted by law, and discussed, considered, and deliberated the Transaction; and thereafter in its Open Meeting on that date, discussed the Transaction and proceeded to recommend to the City Council that the Transaction by and between Denton and Constellation Energy Commodities Group, Inc., a Delaware corporation be recommended for approval by a vote of 6 in favor to 0 opposed; a majority vote of the PUB members present; and Exhibit 1 WHEREAS, in accordance with the provisions of S551.086 of the Texas Government Code, after due public notice being given, the City Council, a "Public Power Utility Governing Body" under Senate Bill 7, has discussed, deliberated, considered the Transaction, the subject of this ordinance, in a Closed Meeting of the City Council on the 16th day of May, 2006, after determining by a preliminary majority vote of its members, that the consideration of the item which is the subject of this ordinance, is related to competitive electric matters, including business and commercial information, which if disclosed, would give advantage to its competitors or prospective competitors; and WHEREAS, thereafter, after due public notice being given, the City Council, proceeded to consider the matter of the Transaction which is the subject of this ordinance, in its Open Meeting on the 16th day of May, 2006, and the City Council proceeded to take final action, and voted, by a majority of its members present, _ for and _ against, the City of Denton approving the Transaction; being approved by a majority of its members present and voting, in favor of the Transaction described in said ordinance, as set forth below; and WHEREAS, the City Council has further determined and finds that several of those documents to be entered into by and between Denton and Constellation Energy Commodities Group, Inc., a Delaware corporation ("Constellation"); and other affiliates of this entity, namely the Power Purchase Agreement ("Agreement") and the Guarantee related to said Agreement, and all other documents related thereto as from time to time may be executed by the City of Denton, Texas and/or Constellation, in connection therewith; should be excepted from public disclosure, as permitted by the provisions of S552.133 of the Texas Government Code, as documents that are reasonably related to a competitive electric matter, the disclosure of which documents would provide an advantage to the competitors or prospective competitors of Denton Municipal Electric ("DME"); and WHEREAS, the City Council has further determined that it is in the public interest that it should exercise its right under the Texas Government Code to lawfully safeguard and keep certain of these documents sealed, as they are competitive documents which contain competitive electric information; and WHEREAS, the City Council finds that there is no divestiture, sale or other disposition of the property of any utility of the Denton, and therefore, that no public election is required pursuant to the Charter of the City of Denton, Texas ("Charter"); and WHEREAS, the City Council finds that said Transaction involves Denton purchasing from Constellation a portion of its necessary replacement power and energy requirements for a contractual term of five (5) years, as provided by this ordinance; and that such Transaction involves Denton's acquisition of reliable, cost-effective replacement power and energy from Constellation; with no detriment to the ratepayers of DME; and WHEREAS, the City Council finds that the transaction as provided by this ordinance, will not impair the ability of Denton to comply with the provisions of any of its utility revenue bonds, as amended, which are issued and outstanding; and 2 WHEREAS, the City Council finds that S252.022(a)(15) of the Texas Government Code is applicable to this Transaction and that competitive bidding law is not applicable to the purchase by the City of electricity; and WHEREAS, Denton and Constellation have also entered into this Transaction for Constellation's services, among other things, that provides for services related to energy capacity and energy management for Denton; and WHEREAS, Denton has considered all bids provided by other power providers in Denton's Request For Proposals and finds and concludes that Constellation, who presently serves Denton's needs in this area, should be selected by Denton to provide a portion of Denton's power and energy needs for the ensuing five years; and WHEREAS, Denton desires to enter into such other arrangements in support of the Agreement with Constellation (or its affiliates) which are incident and related to the Power Purchase Agreement, and to take such additional actions as the Interim City Manager or his designee, shall determine to be necessary and advisable to effectuate the matters set forth herein; NOW THERFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council, hereby approves and authorizes the Interim City Manager and City Secretary, to execute and attest respectively, the Power Purchase Agreement, by and between the City of Denton, Texas and Constellation Energy Commodities Group, Inc., a Delaware corporation, under the terms and conditions being contained in substantially the form which is attached hereto as Exhibit A and made a part hereof, with such amendments, changes and additions as the Interim City Manager may approve, and the execution and delivery thereof on behalf of the City of Denton by or at the direction of the Interim City Manager shall constitute such approval. SECTION 2. That the City Council, hereby approves and authorizes the Interim City Manager and the City Secretary, to approve and accept the Guarantee, on behalf of Denton, and to attest respectively, the Guarantee, issued by Constellation Energy Group, Inc. for the benefit of Denton, as Buyer Credit Protection, under the terms and conditions being contained in substantially the form which is attached hereto as Exhibit B and made a part hereof, with such amendments, changes and additions as the Interim City Manager may approve, and the approval and acceptance thereof on behalf of the City of Denton by or at the direction of the Interim City Manager shall constitute such approval. 3 SECTION 3. That the City Council, hereby approves and authorizes the Interim City Manager and City Secretary to execute and attest respectively, all other documents which are incident and related to the Agreement referenced herein and to take such additional actions as the Interim City Manager shall determine to be necessary and advisable to effectuate the matters set forth above. SECTION 4. That the City of Denton, the Mayor, the Interim City Manager, the City Attorney or their designees be, and each of them individually hereby is, authorized and empowered to perform all such acts and obligations as required with respect to the Agreements and documents described herein. SECTION 5. That the Mayor, the City Manager, the City Attorney or their designees be, and each of them individually hereby is, authorized, empowered and directed to negotiate, deliver and perform all such acts and things and to sign all such documents, certificates, contracts, assignments, licenses, leases, agreements, directions, instruments and statements, each together with such amendments, changes and additions thereto as the Mayor, the Interim City Manager, the City Attorney or their designees shall determine to be necessary or advisable to effectuate the matter set forth herein, any such determination to be conclusively evidenced by the taking or causing to be taken of such action or the execution and delivery of any such document, certificate, agreement, license, lease, direction, instrument or statement by the Mayor, the Interim City Manager, the City Attorney or their designees. SECTION 6. That all prior actions taken by the Mayor, the Interim City Manager, the City Attorney or their designees in furtherance of the foregoing matters be and hereby are ratified, approved and authorized in all respects as of the dates and times such actions were taken. SECTION 7. That immediately following the execution and delivery of the documents described as Power Purchase Agreement and the Guarantee incident to such Agreement, as provided for in this ordinance, the City Secretary is hereby directed to seal and maintain said documents in her custody and control, as documents excepted from public disclosure under the provisions of S552.131 of the Texas Government Code (the "Public Power Exception"); unless otherwise lawfully ordered to disclose said documents. SECTION 8 hereby authorized. That the expenditure of funds as provided for in this ordinance is SECTION 9. passage and approval. That this ordinance shall become effective immediately upon its 4 PASSED AND APPROVED on this the 16th day of May, 2006. HOWARD MARTIN INTERIM CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: s: \Our Documents \Ordinances \06\D ME- Power Purchase Agreement -Constellation-Ordinance .doc 5 Handout to Council- 05/16/06 Item 4A ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN FOR AN APPROXIMATELY 47-ACRE TRACT OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF 1-35 EAST, SOUTH OF WIND RIVER BOULEVARD AND WEST OF UNICORN LAKE BOULEVARD, AND LEGALLY DESCRIBED AS WITHIN THE M.E.P. & P.R.R. SURVEY, ABSTRACT 950, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Section 35.17.12 of the Denton Development Code allows an applicant to propose an Alternative Environmentally Sensitive Area Plan, which is reviewed under the Alternative Development Plan review process outlined in Subchapter 3 of the Denton Development Code; and WHEREAS, the owner of that certain tract of land described by the metes and bounds description in Exhibit "A" attached hereto and made a part hereof by reference (the "Propertv") submitted to the City an application requesting an Alternative Environmentally Sensitive Area Plan (the "Alternative ESA Plan") for the Property; and WHEREAS, on April 26, 2006, the Planning and Zoning Commission held a public hearing as required by law and reached no consensus regarding a proposed Alternative ESA Plan; and WHEREAS, on May 16,2006, the City Council held a public hearing as required by law and granted the requested Alternative ESA Plan. NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Alternative ESA Plan is hereby approved, and compliance with Sections 35.17.7.A, 35.17.8, and 35.17.9 of the Denton Development Code is not required, subject to the following condition: A. Compliance with Exhibit "B" is required. B. A buffer that is a minimum of fifty feet in width, in the location shown on Exhibit "C", must be provided. Alterations to the required buffer area are prohibited except as necessary to do the following: (1) accommodate drainage flows from adjacent and upstream property and meet all applicable City drainage requirements; (2) construct a fence or wall along the boundary of the Property; (3) install a retaining wall along the east line of the buffer, if necessary; and (4) remove dangerous, diseased, or dead trees from the buffer. The only machinery that may be used in the required buffer to do the work described in the preceding sentence is machinery that is reasonably necessary and appropriate to the scope of work being performed. SECTION 3. All exhibits referenced in this ordinance are attached hereto and made a part hereof for all purposes. SECTION 4. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ,/-----.. ( .-- /--- BY. /-..:::=-~. ..-.~~ .~WIN~. SN;DER,'CITY -~ \ // ORNEY 2 Exhibit A Metes and Bounds Description of the Property 47.402 ACRES BEING A 47.402 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND, CONVEYED TO WINDJAMMER LTD. BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 98-R0062520, DEED RECORDS, DENTON COUNTY, TEXAS, SAID 47.402 ACRE TRACT, WITH REFERENCE BEARING BEING THE EAST LINE OF SUNDOWN RANCH PHASE 3, AN ADDITION TO DENTON COUNTY, ACCORDING TO THE PLAT RECORDED IN CABINET U, PAGE 768-769, PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID WINDJAMMER TRACT, SAID POINT BEING A NORTHWEST ELL CORNER OF 201.38 ACRE TRACT OF LAND CONVEYED TO THE STATE OF TEXAS BY DEED RECORDED IN VOLUME 435, PAGE 12, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID WINDJAMMER TRACT AND THE NORTH LINE OF SAID STATE OF TEXAS TRACT, A DISTANCE OF 1880.54 FEET TO POINT FOR CORNER AT THE INTERSECTION OF THE SOUTH LINE OF SAID WINDJAMMER LTD. TRACT AND THE EAST LINE OF AFORESAID SUNDOWN RANCH PHASE 3 ADDITION; THENCE, NORTH 00 DEGREES 25 MINUTES 40 SECONDS EAST, ALONG THE EAST LINE OF SAID SUNDOWN RANCH PHASE 3, A DISTANCE OF 1433.34 FEET TO POINT FOR CORNER ON THE WEST LINE OF SAID WINDJAMMER TRACT; THENCE, NORTH 00 DEGREES 27 MINUTES 30 SECONDS EAST, ALONG SAID WINDJAMMER TRACT, A DISTANCE OF 353.91 FEET TO A POINT FOR CORNER; THENCE, OVER AND ACROSS SAID WINDJAMMER LTD. TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 56 DEGREES 05 MINUTES 12 SECONDS EAST, A DISTANCE OF 1198.58 FEET TO A POINT FOR CORNER; SOUTH 33 DEGREES 56 MINUTES 25 SECONDS EAST, A DISTANCE OF 619.52 FEET TO A POINT FOR CORNER; SOUTH 79 DEGREES 51 MINUTES 56 SECONDS EAST, A DISTANCE OF 559.04 FEET TO POINT FOR CORNER ON THE EAST LINE OF SAID WINDJAMMER TRACT AND A NORTHERLY WEST LINE OF AFORESAID STATE OF TEXAS TRACT; 3 THENCE, SOUTH 02 DEGREES 44 MINUTES 08 SECONDS WEST, ALONG SAID COMMON LINE, A DISTANCE OF 500.71 FEET TO THE POINT OF BEGINNING AND CONTAINING 47.042 ACRES LAND, MORE OR LESS. 4 Exhibit B Alternative ESA Conditions The applicant intends to reclaim approximately 0.07 acres of undeveloped floodplain, develop 0.18 acres of Riparian Buffers and develop 22.68 acres of Upland Habitat on the Property. The proposed development will deviate from the following Denton Development Code requirements: 1. 35.17.7.A Activities. floodplain. Undeveloped Floodplain Development Standards, Permitted Uses and Residential development is not a permitted use in designated undeveloped 2. 35.17.8. Riparian Buffer and Water Related Habitat Development Standards. Residential development is not a permitted use in designated riparian and water related habitats. 3. 35.17.9 Upland Habitat Development Standards. Residential development shall be designed to retain a contiguous fifty percent (50%) tree canopy, which shall remain predominantly in its natural state. The applicant will mitigate the deviations from the Denton Development Code by a mitigation plan which provides for the preservation of 1.18 acres of Upland Habitat and the creation of 10.16 acres of future Upland Habitat, for a total of post-project Upland Habitat area of 11.34 acres to be located generally in the area described on Attachment 1 to this Exhibit "B".' The Alternative ESA Plan provides for Natural Zone Plantings and Social Zone Plantings. The Natural Zoning Plantings will be planted with bare-root seedlings at a rate of 350 per acre in the area indicated in Attachment 2 to this Exhibit "B". The Natural Zone constitutes approximately 8.21 acres, of which 7.63 acres need to be planted. This would provide approximately 2,671 bare-root seedlings for the Upland Habitat Natural Zone. The Social Zone Plantings would occur along potential trail corridors in an area of approximately 3.13 acres and would be maintained to allow for longer sight distances for both aesthetic and safety reasons. Tree plantings would consist of the same native species as the Natural Zone. However, these trees would be larger than the bare-root seedlings planted in the Natural Zone and would be planted at a rate of 50 trees per acre. A walking trail would also be constructed that would meander through the Social Zone. Utility easements may be located within the 11.34-acre Upland Habitat area. In addition, grading and other site work necessary to construct the proposed single family project on the Property may be done in the IO.l6-acre future Upland Habitat area provided that such work is done before any required plantings are in place. The 11.34-acre Upland Habitat may become part of a public park. I Attachment 1 provides the general location of the post-project Upland Habitat, however, the exact boundaries may shift as necessary for grading and development provided that 11.34 acres of post- project Upland Habitat is provided in the area generally shown on Attachment 1. 5 Attachment I to Exhibit EI'VlllO\\IISrAL SI'I'SITIVE Ala'A WLA Nil IIA IllTA T L1\1ITS TRACT ONE BEING A 6.729 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY. ABSTR,\CT NO. 95ft CITY OF DENTON. DENTON COUNTY. TEX,\S. AND BEING PART OF A 1,6.50 ACRE TRACT OF LAND DESCRIBED IN A nEED TO WINDJAMMER. LTD. AS RECORnED IN DENTON COUNTY CLERK'S FILE NO. 9S.ROC~;2520 OF THE RE.AL PROPERTY RECORns OF DENTON COUNTY. TEXAS. SAID 6.729 ACRE TRACT. WITH BEARING BASIS BEING THE EAST LINE OF WIND RIVER ESTATES, PHASE VII. AN ADDITION TO THE CITY OF DENTON. AS RECORDED IN CABINET P. SUDE 151.152 OF THE PLAT RECORDS OF DENTON COUNTY. TEXAS. AND BEINC MORE PARTICUL.\RL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS: HEGINNlNG AT THE SOUTHEAST CORNER OF SAID 1.16.50 ACRE TRACT AND AT .AN ELI. CORNER OF A 20U8 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 4.15. PAGE 12 OF THE nEED RECORDS OF DENTON COUNTY. TEX.'\S: THENCE. ALONG THE SOUTH LINE OF SAID 136.50 ,\CRE TRACT AND A NORTH LINE OF SAID 20U5 ACRE TRACT. SOUTH 89 DECREES 49 MINUTES IB SECONDS WEST. A DISTANCE OF 145.95 FEET TO A POINT FOR CORNER: THENCE. OVER AND ACROSS SAID 136.50 ACRE TRACT. THE FOLLOW ING COURSES AND DISTANCES: NORTH OJ DEGREES 26 MINUTES .'9 SECONDS EAST. A DISTANCE OF 157.45 FEET TO A POINT FOR CORNER; NORTH 76 DEGREES 05 MINUTES S5 SECONDS WEST. A DISTANCE OF 157.4.\ FEET TO A POINT FOR CORNER; NORTH 66 DEGREES II MINUTES r,. SECONDS WEST. A DISTANCE OF 96.76 FEET TO A POINT FOR CORNER: SOlfrH 74 DEGREES 41 MINUTES IS SECONDS WEST, A. DISTANCE OF 191.89 FEET TO A POINT FOR CORNER; NORTH 6S DEGREES .\7 MINUTES 29 SECONDS WEST. A DISTANCE OF 242.99 FEET TO A POINT FOR CORNER: SOlfrH 31 DEGREES 20 MINurES 24 SECONDS WEST. A DISTANCE 01'99.58 FEET TO A POINT FOR CORNER: SOlfrH L\ DEGREES 43 MINUTES 47 SECONDS L\ST. A DISTANCE OF ,9.64 FEET TO A POINT FOR CORNER: C:{IOClJmE'nlr. olnd SE'lting~'hUl$o:flfHocal S(>rtilg~H~ITli=':filr~' 11t"'1ll€l1 Filo?s'.OLKJ.',ES.~ EXHI err ~2),.;I:oC B P<l']€l1o:17 6 SOUfH 56 DEGREES 20 MINUTES 5, SECONDS EAST. A DISTANCE OF 266.41 FEET TO A POINT FOR CORNER: SOUrH 00 DEGREES 44 MINUTES 12 SECONDS WEST. A DISTANCE OF 2.2.~ FEET TO A POINT FOR CORNER; SOUTH 59 DEGREES 49 MINUTES 0.\ SECONDS WEST. A DISTANCE 01'.145.5.1 FEET TO A POINT roR CORNER: NORTH I I DEGREES 13 MINUTES .\6 SECONDS WEST. A DISTANCE OF 177.29 FEET TO A POINT FOR CORNER: NORTH 00 DEGREES 27 MINUTES ,0 SECONDS EAST. A DISTANCE OF 457.25 FEET TO A POINT FOR CORNER: NORTH 25 DEGREES 0'4 I-.HNUTES 24 SECONDS WEST. A DlST,\NCE OF 547.16 FEET TO A POINT FOR CORNER: NORTH 56 DEGREES 14 MINUTES 21 SECONDS WEST. A DISTANCE OF 268.52 FEET TO A POINT FOR CORNER: NORTH 27 DEGREES 0'1 MINUTES 14 SECONDS EAST. A DISTANCE OF .152.5.\ FEET TO A POINL\TTHE BEGINNING OFA TANGENTCVRVE TO THE RIGHT HAVING A CENTR.\l ,\NGLE OF 22 DEGREES 43 MINUTES 17 SECONDS. A RADIUS OF 166.00 FEET. ,\ND A LONG CHORD THAT BEARS NORTH .\8 DEGREES 52 MINUTES 53 SECONDS EAST. A DISTANCE OF 65.40 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF 65.83 FEET TO A POINT ATTHE BEGINNING 01'.'1 COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ,\NGlE OF 3S DEGREES 39'2S". A RADIUS OF 66.00 FEET. AND A LONG CHORD THAT BEARS NORTH 69 DEGREES 34 MINllTES 15 SECONDS EAST. A DISTANCE OF 4.\69 FEET: .\LONG SAID COMPVND CURVE TOTHE RIGHT. AN ARC DISTANCE OF 44.53 FEET TO A POINT ATTHE BEGINNINC OF A COMPOUND CURVE TO THE RIGHT HAVINC A CENTRAL ANGLE OF 9 DEGREES 44 MINUTES ,3 SECONDS. A RADIUS OF 166.00 FEET. ,\ND A LONC CHORD THAT BEARS SOUTH 56 DECREES 13 MINUTES 45 SECONDS EAST. A DISTANCEOF 25.19 FEET; ALONG SAID COMPOUND CURVE TO THE RIGHT. AN ARC DISTANCE OF28.23 FEET TO ,\ POINT FOR CORNER: SOIHH 28 DEGREES 4S MINUTES 52 SECONDS EAST. A DISTANCE OF 70.01 FEETTO A POINT roR CORNER: SOUTH 38 DEGREES 16 MINLfj'ES 29 SECONDS WEST, A DISTANCE OF 5.\.50 FEET TO A POINT FOR CORNER: C~.[Iocurnl!'nl~ Md SE'lling,"hutv.mf'Lo~1 S""ltng~T~m~':H~ri Irt~rnt?1 Fi~{,OLK.l',E::,'!' EXHIBIT ~2:,.d:(; P(l'~""2.:f; 7 NORTH 77 DEGREES 50 MINUTES ,14 SECONDS WEST A DISTANCE OF 27.5S FEET TO A POINT FOR CORNER; sourH:n DEGREES 00 MINUTES .12 SECONDS WEST, A DISTANCE OF 24.76 FEET TO .-\ POINT FOR CORNER: NORTH 8S DEGREES ,16 MINLITES 1.1 SECONDS WEST. .-\ DIST.-\NCE OF 26040 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 10 MINUTES :16 SECONDS WEST. A DISTANCE OF 14.82 FEET TO A POINT FOR CORNER; SOUJ'H 7S DEGREES.n MINUTES 56 SECONDS WEST. A DISTANCE OF 18.78 FEET TO .-\ POINT FOR CORNER; SOUJ'H 51 DEGREES .11 MINUTES 57 SECONDS WEST, A DISTANCE OF 2,q I FEET TO A POINT FOR CORNER; SOLTrH 24 DECREES 01 MINUI'ES 15 SECONDS WEST A DISTANCE OF 25.0'J FEET TO .-\ POINT FOR CORNER; SOUFH 2S DECREES 4-' MINUTES 07 SECONDS WEST. A DISTANCE 01'.1 1.68 FEET TO A POINT FOR CORNER; SOlrrH 10 DEGREES 49 MINUTES 47 SECONDS WEST. A DISTANCE 01'2804.1 FEET TO A POINT FOR CORNER; sourH (;'1 DECREES 18 MINUTES 40 SECONDS WEST A DISTANCE 01'.17.92 FEET TO A POINT FOR CORNER: SOUJ'H OS DECREES .1 I MINUTES JO SECONDS EAST A DISTANCE OF 29.S.1 FEET TO A POINT FOR CORNER; sourH 24 DECREES II MINUTES 38 SECONDS EAST.-\ DISTANCE OF 27.26 FEET TO A POINT FOR CORNER; SOUrH.11 DEGREES 52 MINUTES n SECONDS EAST A DISTANCE OF 26.04 FEET TO A POINT FOR CORNER: sourH 54 DECREES 29 MINUTES 02 SECONDS EAST. A DISTANCE OF 26.(4 FEET TO A POINT FOR CORNER: sourH 48 DECREES .14 MINUTES 40 SECONDS EAST. A DISTANCE OF 15.18 FEET TO .-\ POINT FOR CORNER; SOUI'H 58 DECREES 49 MINUTES 01 SECONDS EAST. A DIST.-\NCE OF 5.78 FEET TO A POINT FOR CORNER: C~.[locumenlsillld :3lJollillg1',huts.-:4lIf.l.ocal S~hg~To?mr':IAr~' lrt~rnE'f Fil.?t',OLKol',es,.l" EXHIBrr (2)r.bc Pil'le3d'! 8 SOUrH 5S DEGREES 48 MINllTES 5.1 SECONDS EAST. A DISTANCE OF 2VJ7 FEET TO A POINT FOR CORNER: SOUrH 3S DECREES 39 MINUTES 0-' SECONDS EAST..-\ DIST..\NCE OF 106.41 FEET TO.'\' POINT FOR CORNER: SOUJ'H 42 DECREES 26 MINUTES .1,1 SECONDS EAST..-\ DISTANCE OF 112.S0 FEET TO A POINT FOR CORNER: SOUJ'H 29 DEGREES 49 MINUTES 44 SECONDS EAST. A DISTANCE OF 151.64 FEET TO A POINT FOR CORNER: SOUfH 19 DEGREES 44 MINUTES 04 SECONDS EAST. A DISTANCE OF 247.69 FEET TO A POINT FOR CORNER: SOln'H os DEGREES 16 MINUTES 07 SECONDS EAST. A DISTANCE OF 122.33 FEET TO A POINT FOR CORNER: SOUJ'H 31 DEGREES II MINUTES 01 SECONDS EAST. A DISTANCE OF IS2.:13 FEET TO A POINT FOR CORNER: SOUJ'H 31 DEGREES II MINUTES 02 SECONDS EAST. A DISTANCE OF 1.16,74 FEET TO A POINT FOR CORNER: SOUJ'H,$9 DEGREES lO MINUTES 43 SECONDS EAST. A DISTANCE OF 70.7.1 FEET TO A POINT FOR CORNER: SOUJ'H 27 DEGREES 17 MINUTES J7 SECONDS EAST,,'\' DISTANCE OF 51.2S FEET TO A POINT FOR CORNER: SOLJJ'H 46 DEGREES 04 MINUTES 14 SECONDS EAST. A DISTANCE OF 80,42 FEET TO A POINT FOR CORNER: SOLJTH 60 DECREES 06 MINUTES 47 SECONDS EAST A DISTANCE OF 1I,I.S.5,$ FEET TO A POINT FOR CORNER: NORTH S3 DEGREES II MINl!'IT,S 14 SECONDS E.\,ST. A DISTANCE OF 117.S7 FEET TO A POINT FOR CORNER: NORTH 51 DEGREES -'3 MINUTES 2S SECONDS EAST. A DISTANCE OF 127.72 FEET TO A POINT FOR CORNER: NORTH 50 DEGREES 51 MINUTES 59 SECONDS E\ST. A DISTANCE OF 36.86 FEET TO A POINT FOR CORNER: NORTH 83 DEGREES -'7 MINUTES 51 SECONDS EAST. A DISTANCE OF 54/1') FEET TO ,\ POINT FOR CORNER: C~.[II)(ljmenlsand S...lling$'.huts>:mf.LoCclI Senilg~Temt':ullY l~fIll"1 Fij.;.s',OU<4',ES.:" EXHI B rr (~!..j:o:: PCl')t>4cti' 9 WlfrH 7.\ DEGREES 5S MINUTES 2.1 SECONDS EAST. A DISTANCE OF 24. 73 FEET TO ..... POINT FOR CORNER: SOlfrH 35 DEGREES (IS MINlrrES 41 SECONDS \\!EST. ,\ DISTANCE OF7)5 FEET TO A POINT FOR CORNER: SOlfrH ]4 DEGREES 42 MINUTES I I SECONDS EAST A DISTANCE OF 37.91 FEETTO A POINT FOR CORNER: SOlfrH 14 DEGREES 42 MINUTES JO SECONDS EAST A DISTANCE OF 52.35 FEET TO ..... POINT FOR CORNER: SOUTH 44 DEGREES 10 ~lINUTES 41 SECONDS EAST...... DISTANCE OF 102.49 FEET TO A POINT FOR CORNER: SOlfrH 50 DEGREES 3S MINUTES 20 SECONDS E,\ST, A DISTANCE OF 176M FEET TO A POINT IN THE EAST LINE OF SAID 1.16.50 ACRE TRACT ANDA WEST LINE OF SAID 20 US ACRE TRACT: THENCE ALONG THE E.....ST LINE OF SAID 1.'65(1 ACRE TRACT AND A WEST LINE OF S.....ID 201.35 ACRE TRACT SOUTH 02 DEGREES 44 MINUTES OS SECONDS WEST. A DISTANCE OF 71.87 FEErro THE l'OI~'T OF BEGI;\';\,I~'G AND CONL\INING 6.n9ACRES OF LAND. MORE OR LESS. TllACT TII'O BEINGA 4.62.' ACRE TRACT OF LAND S]TU..... TED IN THE M.LP. & P.RR. SURVEY. ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY. TEX.....S. AND BEING PART OFA 1.'6.50 ACRE TR.....CT OF l\ND DESCRIBED IN A DEED TO WINDJAMMER. LTD. AS RECORDED IN DENTON COUNTY CLERK'S FILE NO. 9,s-R0062520 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID 4.62.'ACRE TRACT WITH BEARING BASIS BEING THE EAST LINE OF WIND RIVER ESTATES. PHASE VII. AN ADDITION TO THE CITY OF DENTON. AS RECORDED]N C\BINET P. SLIDE 1.\ I. 1.'2 OF THE PL.I.T RECORDS OF DENTON COUNTY. TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY MEll:S AND BOUNDS ,\S FOLLOWS' Cml\IE;\,'CI'iG xrTHE SOUTHE,\STCORNER OF SAID 136..'0.....CRETR,\CT AND xr AN ELL CORNER OF A 201.35 .'\CRE TR.....cr OF LAND DESCRIBED IN A DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 4.15. PAGE 12 OFTHE DEED RECORDS OF DENTON COUNTY. TEX,\S: THENCE. OV ER AND ACROSS S,\ II) L16Yi .....CRE TRACT NORTH .'0 DEGREES 13 MINlfrES 55 SECONDS WEST A DISTANCE OF 2()1 .\20 FEET TO THE 1'01;\'T OF BEGINNJ'iG: THENCE. CONTINUING OVER AND ACROSS SAID 1.16.50 ACRE TRACT. THE FOLLOWING COURSES .....ND DISTANCES' C~.Dorurnenls.ilnd Sening~',hurr,.:ml\local Si'ltilgsTo?m~.~ar~' ht~rn€'l Fil-is',OLK4'El:,'!' EXHIBIT (2~.d:o:: Pcl')e'5cf"J 10 NORTH 66 DEGREES n MINUTES 09 SECONDS WES'L A DlSnNCE OF 71.66 FEET TO A POINT FOR CORNER: NORTH 49 DEGREES O~ MINUTES 41 SECONDS \VEST. ..\ DISTANCE OF ~8.14 FEET TO ,\ POINT FOR CORNER: NORTH L5 DEGREES 19 MINUTES 3~ SECONDS EAST. A DISTANCE OF LEn FEET TO A POINT FOR CORNER: NORTH 68 DEGREES." MINUTES LS SECONDS WEST. A DISTANCE OF 146.80 FEET TO A POINT FOR CORNER: NORTH 7 I DEGREES .\6 MINUTES 58 SECONDS WEST. A DIST,\NCE OF L 2.\77 FEET TO ..\ POINT IN THE WEST LINE OF AFORESAllJ 136.50 ACRE TRACT: THENCE ALONG THE WEST LINE OF SAID L .\6.50 ACRE TR\CT. NORTH 00 DEGREES n MINUTES .10 SECONDS EAST. A DISTANCE OF .~L.1..IS FEET TO A POINT FOR CORNER: THENCE. OVER AND ACROSS SAID 1.16.50 ACRE TRACT. THE FOLLOWING COURSES AND DISTANCES: NORTfl S7 DEGREES 43 MINUTES 22 SECONDS E\ST. A DISTANCE OF .14S..11 FEET TO A POINT FOR CORNER: SOlfrH 37 DEGREES 34 MINUTES 4.~ SECONDS EAST. A DISTANCE OF 107.45 FEET TO A POINT FOR CORNER: SOLfrH 56 DEGREES 06 MINUTES 05 SECONDS EAST. A DIST.\NCE OF 101.24 FEET TO A POINT FOR CORNER: SOlfrH.15 DECREES 57 MINUTES 01 SECONDS EAST. A DISTANCE OF .\.93 FEET TO A POINT AT THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 41 DEGREES 26 MINUTES LO SECONDS. A RADIUS OF S6.m FEET. AND A LONG CHORD THAT BEARS SOUTH L 5 DEGREES L 3 MINUTES 56 SECONDS EAST. A DISTANCE OF 6O.S5 FEET: ALONG SAID TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF 62.20 FEET TO A POINT AT THE BEGINNING OF ,\ COMPOUND CURVE TO THE RIGHT HAVING ..\ CENTRAL .\NGLE OF 22 DEGREES 02 MINUTES 05 SECONDS. A RADIUS OF lo6.0i] FEET. AND A LONG CHORD THAT BEARS SOUTH 16 DEGREES 30 MINUTES L2 SECONDS WEST. A DISTANCE OF 63.45 FEET: ALONG S,\ID COMPOUND CURVE TO THE RIGHT. AN ARC DISTANCE OF 6.1.S~ FEET TO A POINT FOR CORNER: SOlfJlln DEGREES.11 MINUTES 14 SECONDS WEST. A DISTANCE OF .17~.77 FEET TO ,\ POINT FOR CORNER: C~,['C>CiJmt'nlund Selling~',huts>:nrf,l{\(:(ll $@ltn\1(T~m~':Hlr~' Irt.;.lno?l Fi~'f.',OLK...'.ES.'!' Ee:HIBfT !2).0:0:- Ptl.~6,:47 II THENCE, SOUTH 28 DEGREES 29 MINUTES 24 SECONDS WEST, A DISTANCE OF 12.44 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.625 ACRES OF LAND, MORE OR LESS. 12 Attachment 2 to Exhibit B 13 Exhibit C Buffer Area ------ ~ ",/'/<:;,{:,"-"",',\ : \//[:\' ~,)~,~""":~:,:<<",, I --- /:x \ ,\ ~.---- ,~l:; J ' \ I, i _,,-r'-(' ',,' "", ~\ \, \ -- \ \ I ,~ 14 '\\ \ \ , "'L <' @1 ~ ' \" s'\~ - ~\ . \ "\\~,\\, \,;\ ,,~ \\ \\' \\ :1 \\ \\ , II , \;1 'DS-4 \' \ , , , , 1\\ '2 ,l' \\ ~I\\\ I., 'I '" ....--~ \\\ i '0:-; I '" ,~I\ \\\ ~J~""I, 'I, I' I, \ ,1\ I, \ , :<e 'I '. II \ i------II' '- \ \ ! 37.9!) \ \\, '----\ ~I "r-----\-. I J6.: , ~\:\ \~', ""'-"'--1 '~--' I, ", i 35 II ~_ "0., 16 ~I / _:::~... 8: J' ': ;' --..::..::...... L' Z<l I~ 11 I / _..:::. "y- ...--- - 50 "J ' " " ;. ,"RE" , _ , '~ ~,u " '~ ""'" _,i~Erl{'~Ia.T'.Er-l\,_ ~~~~~,~ '\, \, '\ .., 14 Handout to Council - 05/16/06 Item 48 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE TO CREATE AN OVERLAY DISTRICT CONSISTING OF AN APPROXIMATELY 47-ACRE TRACT OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF n5 EAST, SOUTH OF WIND RIVER BOULEVARD AND WEST OF UNICORN LAKE BOULEVARD, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A ATTACHED HERETO AND DEPICTED ON EXHIBIT B ATTACHED HERETO TO BE KNOWN AS THE "UNICORN LAKE OVERLAY DISTRICT"; AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE," "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.8 "UNICORN LAKE OVERLAY DISTRICT"; PROVIDING FOR THE REGULATION OF LAND USES AND DEVELOPMENT STANDARDS FOR THE UNICORN LAKE OVERLAY DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Manager initiated the rezoning process for that certain tract of land described by the metes and bounds description in Exhibit "A" and depicted on Exhibit "B" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the City Manager, at the request of the owner of the Property, directed that the Property be considered for rezoning from NR-2 and NRMU-12 zoning districts to an overlay district, which district shall be known as the "Unicorn Lake Overlay District"; and WHEREAS, the owner of the Property supports the ezoning of the Property to an overlay district containing the provisions in Section 4 of this ordinance; and WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code authorize the City Council to approve overlay districts to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside such special districts and contain such reasonable and necessary requirements to insure the protection and enhancement of said land and structures. Further, the overlay districts are authorized to establish specific design standards and development regulations to effectuate the purpose of the district; and WHEREAS, on April 26, 2006, the Planning and Zoning Commission made a recommendation to approve the Unicorn Lake Overlay District; and WHEREAS, on May 16,2006, the City Council held a public hearing as required by law and approved the change in zoning from the NR-2 and NRMU-12 zoning districts to the Unicorn Lake Overlay District; and WHEREAS, the City Council finds that establishing the Unicorn Lake Overlay District serves a public purpose; and WHEREAS, the City Council makes the following findings: a. The change in zoning creating the lhicorn Lake Overlay District is consistent with the Comprehensive Plan; and b. The Unicorn Lake Overlay District will protect and enhance the Property, which is distinct from the lands and structures outside of the Unicorn Lake Overlay District, including the immediate neighborhood. NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property is rezoned as an overlay district to be known as the Unicorn Lake Overlay District and to be developed in accordance with the terms of this ordinance. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose and Overlay Districts", Code of Ordinances, City of Denton Texas is hereby amended by adding Section 35.7.8, Unicorn Lake Overlay District to read as follows: 35.7.8 Unicorn Lake Overlay District 35. ?:~:.~.........~':'.~~~~!..... The purpose of establishing the Unicorn Lake Overlay District is to: A. Stabilize and improve property values; B. Ensure compatibility of new construction with the existing scale and characteristics of surrounding properties; and C. Balance the economic development goals and the environmental goals of the City. 35.1.8.2 A. B. Application of Regulations The regulations applicable to the NRMU-12 zoning district shall apply, except as specifically modified herein. If any provision of this Section 35.7.8 conflicts with any other provision of the Code of Ordinances, the provisions of this Section 35.7.8 shall govern and control. Where any provision of this Section 35.7.8 modifies any provision of any other applicable ordinance, the words used herein shall have the meaning defined in the C. 2 provisions of the ordinance modified, unless the definition IS otherwise provided herein. 35.7.8.3. Development Standards The City rules and regulations applicable to the development of property located within an NRMU-12 zoning district are applicable to the Unicorn Lake Overlay District with the following exceptions: A. Private Streets and Utilities. I. A private street system with gated access may be constructed to serve the Property. Clubhouse Drive shall be a public street. Prior to the recordation of any final plat allowing the construction of such a private street system, deed restrictions for the Property must be recorded in the deed records of Denton County containing provisions in substantially the same form as the following provisions of Exhibit C attached hereto and made a part hereof by reference: (a) Article II (and related definitional provisions); (b) Section 4.10; (c) the provisions of Section 6.02 requiring that liability insurance be obtained in an amount approved by the City, and naming the City as an additional insured; (d) the provisions of Section 10.03 precluding amendment (without City consent) of any of the provisions which specifically require City consent to an amendment; and (e) Section 10.12. 2. Except as otherwise provided by this ordinance, private streets and sidewalks must be designed and constructed according to public street standards. 3. Discontinuity with other existing or future neighborhoods is unavoidable due to adjacent conditions and constraints including a) an existing subdivision to the west of the Property that does not have street stubs to connect to, b) flood plain and lake areas to the east of the Property, which present a significant physical barrier, and c) State School property to the south of the Property that does not, and likely will never, provide street connection points to the Property. The proposed ingress and egress for the Property consists of two streets directly connecting to a collector roadway (Chlbhouse Drive), which provide adequate ingress and egress for a development of 106 single- family lots. When developed for single- family uses, the Property will have fewer units than allowed under the prior zoning, thus mitigating any concern regarding the number of ingress and egress points associated with the Property. If the Property is developed with any uses other than detached single- family uses, the adequacy findings of this paragraph shall not apply. 4. Notwithstanding any other provision to the contrary in the Denton Development Code or City of Denton criteria manuals, the following requirements apply to private streets: I. The maximum street grade for Clubhouse Drive shall be eight percent (8%). 3 II. The maximum street grade within sixty feet (60') of an intersection shall be eight percent (8%). Ill. No traffic calming features are required. IV. Cul-de-sacs may be a maximum of three hundred feet (300') in length. Cul-de-sacs must have a minimum radius of fifty feet (50'). v. Barrier free ramps are required only at intersection curb returns. VI. In the event any of the transportation provisions above fall below any applicable City standards, the minimum standards set by ASHTO shall apply. For purposes of applying ASHTO standards, Clubhouse Drive shall be considered an urban collector. VII. All private streets shall have a total minimum right-of-way of fifty feet (50'). 5. All water and sewer lines that serve the Property shall be publicly owned and maintained. 6. All water and sewer lines shall be designed and built according to Cty standards. 7. A Public Utility Easement or other adequate water and sewer easement shall be dedicated. to the City of Denton for all water and sewer lines. 8. Utilities may be located within a public utility easement or other adequate water and sewer easement dedicated to the City of Denton as shown on Exhibit D attached hereto and made a part hereof by reference. The City is not responsible for repairing damage to private streets resulting from City repairs to utilities located underneath the street paving. However, if the City makes such repairs, the City shall first give the Home Owners Association the option of paying to upgrade the repair work so that the streets are repaired to City standards. B. Permitted Uses. The following uses are permitted: (I) a maximum of I 12 single family dwelling units, and any accessory uses thereto including an amenity center; (2) gas wells, including drilling operations and uses accessory to gas wells; and (3) offices not to exceed a total of 8,000 square feet, and any accessory uses thereto. Permitted uses are restricted to the areas shown on Exhibit B. C. Minimum Lot Size. The minimum lot size shall be 5,000 square feet for single-family uses. The minimum residential lot size requirements in Section 35.12.6 do not apply. D. Minimum House Size. All single-family homes must contain a minimum of 2,500 square feet of air conditioned living space. E. Minimum Yard Abutting a Single-Family Use or District. The minimum yard when abutting a single-family use or district shall be ten fuet (10') plus one foot (I') for each foot of building height above twenty feet (20'). F. Minimum Side Yard. The minimum side yard for single family uses shall be five feet (5'). 4 G. Maximum Lot Coverage. There is no maximum lot coverage requirement for single fumily uses. H. Minimum Landscape Area for Single-Family Uses. The minimum landscaped area on a single-family lot shall be fifteen percent (15%). I. Pedestrian Access. Section 35.13.1 O.A.2 does not apply. 1. Design Standards for Single-Family Uses. In lieu of complying with Section 35.13.13.1, all residential buildings shall comply with the following standards: I. Each single family dwelling shall be constructed utilizing at least three of the following design features: I. Dormers. II. Gables. III. Recessed entries, a minimum of three feet (3') deep. IV. Covered front porches. v. Cupolas. VI. Architectural pillars or posts. VII. Bay window, a minimum 24" projection. VIII. Clay tile, slate, copper, or high definition composition roofing materials. IX. Fireplace chimneys matching exterior finish of home. x. Windows and doors made of wood, metal clad or metal with bronze anodized finish. XI. Decorative wrought iron or wood railings as extensions of the architecture of the home. XII. Trim and accent colors that are dark, rich earth tones that come from stains and refined woods, medium browns, or medium to dark greens. XIII. 4:12 to 12:12 single pitch roofs or double pitch roofs up to 12:12, with shed roofs used only as secondary elements. XIV. Minimum ten foot (10') first floor wall height and minimum nine foot (9') second floor wa II height. 2. No garage door shall occupy more than 40% of the total building frontage, unless the garage door is on a front facing garage located at least 30 feet behind the front of the house. This requirement does not apply to garages facing an alley or courtyard entrance. 3. No garage may extend beyond the front of the house, except side load or J-swing garages. 4. No elevation may be repeated more frequently than every fifth lot on the same side of the street. No elevation may be repeated on the lot directly across the street or next door to the lot directly across the street. 5 5. Primary entrances shall face the private street and sidewalk. 6. Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment. 7. Exterior finishes shall consist of one of the following materials, or any combination thereof: local stone, brick, plaster with stone, or wood. No more than three materials shall be used for the exterior finish of a single dwelling unit. K. Parking Behind Buildings. Section 35.13.13.4.A.8 does not apply. L. Tree Preservation The tree preservation requirements in Section 35.13.7 do not apply. M. Buffer. A buffer that is a minimum of fifty feet in width, in the location shown on Exhibit E, must be provided. Alterations to the required buffer area are prohibited except as necessary to do the following: (I) accommodate drainage flows from adjacent and upstream property and meet all applicable City drainage requirements; (2) construct a fence or wall along the boundary of the Property; (3) install a retaining wall along the east line of the buffer, if necessary; and (4) remove dangerous, diseased, or dead trees from the buffer. The only machinery that may be used in the required buffer to do the work described in the preceding sentence is machinery that is reasonably necessary and appropriate to the scope of work being performed. N. Clubhouse Drive. No additional lanes are required on Clubhouse Drive to serve single family development, whether an additional lane is. for the purpose of providing a turn lane or bus lane or for any other purpose. SECTION 5. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2006. EULlNE BROCK, MAYOR 6 ATTEST: JENNIFER W AL TERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: BY: 7 Exhibit A Metes and Bounds Description of the Property 47.402 ACRES BEING A 47.402 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND, CONVEYED TO WINDJAMMER LTD. BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 98-R0062520, DEED RECORDS, DENTON COUNTY, TEXAS, SAID 47.402 ACRE TRACT, WITH REFERENCE BEARING BEING THE EAST LINE OF SUNDOWN RANCH PHASE 3, AN ADDITION TO DENTON COUNTY, ACCORDING TO THE PLAT RECORDED IN CABINET U, PAGE 768-769, PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID WINDJAMMER TRACT, SAID POINT BEING A NORTHWEST ELL CORNER OF 201.38 ACRE TRACT OF LAND CONVEYED TO THE STATE OF TEXAS BY DEED RECORDED IN VOLUME 435, PAGE 12, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID WINDJAMMER TRACT AND THE NORTH LINE OF' SAID STATE OF TEXAS TRACT, A DISTANCE OF 1880.54 FEET TO POINT FOR CORNER AT THE INTERSECTION OF THE SOUTH LINE OF SAID WINDJAMMER LTD. TRACT AND THE EAST LINE OF AFORESAID SUNDOWN RANCH PHASE 3 ADDITION; THENCE, NORTH 00 DEGREES 25 MINUTES 40 SECONDS EAST, ALONG THE EAST LINE OF SAID SUNDOWN RANCH PHASE 3, A DISTANCE OF 1433.34 FEET TO POINT FOR CORNER ON THE WEST LINE OF SAID WINDJAMMER TRACT; THENCE, NORTH 00 DEGREES 27 MINUTES 30 SECONDS EAST, ALONG SAID WINDJAMMER TRACT, A DISTANCE OF 353.91 FEET TO A POINT FOR CORNER; THENCE, OVER AND ACROSS SAID WINDJAMMER LTD. TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 56 DEGREES 05 MINUTES 12 SECONDS EAST, A DISTANCE OF 1198.58 FEET TO A POINT FOR CORNER; SOUTH 33 DEGREES 56 MINUTES 25 SECONDS EAST, A DISTANCE OF 619.52 FEET TO A POINT FOR CORNER; SOUTH 79 DEGREES 51 MINUTES 56 SECONDS EAST, A DISTANCE OF 559.04 FEET TO POINT FOR CORNER ON THE EAST LINE OF SAID WINDJAMMER TRACT AND A NORTHERLY WEST LINE OF AFORESAID STATE OF TEXAS TRACT; 8 THENCE, SOUTH 02 DEGREES 44 MINUTES 08 SECONDS WEST, ALONG SAID COMMON LINE, A DISTANCE OF 500.71 FEET TO THE POINT OF BEGINNING AND CONTAINING 47.042 ACRES LAND, MORE OR LESS. 9 Exhibit B Depiction of the Property :::---~.=~:.. : ~'--'1~:'~:-.._.. ~-~:-;l~;,~-:. :.1:r- ~dtl_~1dn::'=:-~(~-. _ . 1 .... - ,,' ~ ..,_,_~L".. - -', :--"'- ,~,-_.__..'~ ~-. - . :1[--: . ..!i" It ~: 'L' '"" -'"ii-"' ttJ" _L.: ..-'i--r -. -'ill ml_., I' ! I L -, . i i -- '.~~- :::-:.. /'\ \ ': /~ ~I .". I ,. <~jid i I -, --':"':_..~..--l '.. ~l'_, .."l4:',.i,_ ,~ -1";~7f?' "Ill! Ei:.~~, , "II.. - 'Iii: i II SUTE SCHOOl. RCAJ;I o c: ! 1m,"! If r r !!ijl'f li!I"lr.~!g. ~.! III" "I' ;' _ ~.~ z, I"'! I . 1:1 i:, ~~?~ ~ ; l 'If 0,.. . . 1,,1 0" ;Jl: or . m I! ~"'U1EPiql"l ~ .. . .. ~ i 1'Il'iil!!I!!!i '''i,'--' "1"1 ,i I ," , Ii ~'" i i I r ' '"' i , i i . . II!" . ~ Ii: ii"~ 0 ~ i ; ii ,! 10 !Ii 'b !!! Ir ~ UIII . !I! Exhibit C Form of Deed Restrictions ARTICLE II THE STREETS 2.0 I Private Streets. The Streets are private streets and have not been dedicated to, and are not owned by the City. The following special provisions are applicable to the Streets: (a) The Association will own the Streets; provided, however, neither Declarant nor the Association makes any commitment that the Streets will always be private streets [see Section 2.01(m) hereof]. Changes in ordinances of the City or other City action could cause the Streets to no longer be private streets. (b) As a condition of the City's approval of the Plat, Declarant was required to submit to the City the same plans and engineering information required to construct public streets and utilities, and is subject to the City requirements pertaining to inspection and approval of street and utility improvements. (c) The Association shall, am has the sole responsibility to, maintain the Streets in a condition not less.than the minimum standards required for public streets in the City, and the Association shall make any further repairs to the Streets reasonably deemed necessary by the City to ensure emergency access. The City, so long as the Streets are private and owned by the Association, will have no obligation or right to maintain the Streets or to provide any Street cleaning services. The Association's costs of maintaining the Streets will be collected from the Owners through Assessments as provided in Article IV hereof. (d) The Association will establish and maintain a maintenance reserve fund (the "Street and Wall Reserve Fund") to pay future extraordinary maintenance costs of the Streets and boundary privacy wall to be collected from the Owners through Assessments. Following expenditure of any amounts from the Street and Wall Reserve Fund for such extraordinary maintenance requirements or restoration, the amount thereof shall be reestablished within such time and in an amount consistent with the purposes thereof. (e) The Association will dedicate to the City, and to municipally franchised utilities, for so long as the Streets are private, an easement to enter onto and use the Streets for the provision of police and fire protection, garbage collection, and code enforcement, and services related to the installation, repair, maintenance and billing of electric, water and wastewater services, or munieipally franchised utilities, and for any other purpose relating to the exercise of a governmental service or governmental function and to remove any vehiCle or obstacle from the Streets that impairs emergency access. It is not intended that the City police will make routine police patrols of the Streets or enforce traffic or parking ordinances or prepare accident reports regarding occurrences on the Streets. (I) Utilities serving the Subdivision shall be installed only in the Streets or in designated utility easements shown on the Plat (except for individual utility connections from the common utility lines to improvements constructed on a Lot). il (g) The Plat shall contain a dedication to the City of all water, wastewater and drainage improvements and shall further dedicate to the City and to all public utility entities providing utility service to the Subdivision the right to use the Streets to construct, install, maintain, operate, inspect, remove and reconstruct the facilities, equipment and systems that serve the Subdivision. (h) If the Association maintains mechanism(s) to control access to the Streets, the Association shall maintain such mechanism(s) in good operating condition so as to allow twenty-four (24) hour access to the Streets by the City and the providers of utility services to the Subdivision, and shall install and maintain devices to open the controls automatically in response to traffic signal preemption devices installed on emergency vehicles. If the Association fails to maintain such access in a reliable manner, 1he City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the Association. The requirements of this paragraph may not be amended or removed without the written consent of the City. (i) The Association agrees to release, indemnify, defend and hold harmless the City and any governmental entity or public utility that owns public improvements within the Subdivision (collectively, the "Indemnitees") from and against any claims for damages to the Streets, controlled access mechanisms and entrances and related appurtenances (collectively, the "Street .Improvements") caused by the reasonable use of the Street Improveme!1ts by the Indemnitees (excluding, only, gross negligence), or for emergency use (without exclusion). G) The Association agrees to release, indemnify, defend and hold harmless the Indemnitees from and against any claims for damages to Property and injury to Persons (including death) that arise out of the use of the Street Improvements by any person and that are alleged to be caused by the condition of the streets or limited access system. The indemnification contained in this Section shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts or omissions (cxcluding, only, gross negligence) or any person of the Indemnitees or their respective officers, employees or agents. (k) Each Owner agrees to release the Indemnitees from claims for damages to property and injury to persons (including death) that arise out of the use of the Street Improvements by any person and that are alleged to be caused by the condition of the streets or limited access system. (I) The obligations of the Association and the Owners set forth in Section 2.01(i), Section 2.01(j) and Section 2.01(k) hereof shall immediately and automatically terminate, if, as and when the Streets have been dedicated to, and have been accepted by, the City. (m) Notwithstanding the provisions of Section 10.03 hereof, the provisions of this Section relating to access to the Streets by the City and providers of utility services to the Subdivision, or relating to the maintenance, indemnification and repair obligations of the Association for the Streets, cannot be changed without the written consent of the City, until such time, ifat all, the Streets become public streets as provided in Section 2.01(n) hereof. 12 (n) The Owners of at least eighty-two (82) Lots and Declarant [for so long as Declarant owns at least one (1) Lot] shall have the right, at any time upon not less than sixty (60) days prior written notice given to Declarant and the Association, to request the City to accept dedication of all (but not less than all) of the Streets to the City as public streets. If the City agrees to accept the Streets as public streets: (i) Prior to dedication of the Streets to the City, the Association shall make repairs, if any, to the Streets required to cause the Streets to, be brought into compliance with City standards for public streets and shall remove any mechanisms(s) controlling access to the Streets; (ii) If the cost of such work exceeds the Street Reserve Fund, the excess shall be collected from the Owners as Assessments; and (iii) Upon completion of such work as approved by the City, the Association shall dedicate the Streets to the City by special warranty dedication deed subject to then existing matters of record affecting the Streets (but free and clear of any private liens). (0) So long as the Streets are private, (i) the Association shall not be dissolved without the prior written consent of the City, (ii) the Owners must be Members of the Association, and (iii) the provisions of this Section may not be amended or deleted from this Declaration without the written consent of the City. . 2.02 Limited Access Svstem. Declarant will install a mechanical system that limits vehicular access to the Streets from public streets (the "System"). By accepting a deed to a Lot, each owner acknowledges the following: (a) The Board will have the sole authority, in the Board's sole and exclusive discretion, to determine when the System will become operational; (b) Neither Declarant nor the Association is responsible for providing security to the Owners or their family members, guests, invitees or their property. The purpose of the System will be to provide some degree of restriction of vehicular access onto the Streets. However, there is absolutely no guarantee or assurance whatsoever that the presence of the System will in any way increase the personal security or safety of any Owner or their family members, guests, invitees or their property. Each Owner's personal and property security is that Owner's own responsibility; (c) The City will have access to the Property for emergency response, utility access, code and law enforcement purposes, however, such access does not constitute a special relationship, and the City police will not make routine patrols, enforce traffic or parking ordinances or prepare accident reports in the Property; (d) The System is not intended to replace or to serve in lieu of Individual alanm systems or other measures to provide security at a residence or within any Lot or Lots. Each owner is encouraged to install such Owner's own personal security devices to the same 13 extent that would be prudent if the System did not exist; (e) The System will be installed based upon the representations of vendors regarding the operational and performance capabilities of the components of the System. DECLARANT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND DECLARANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER REGARDING THE SYSTEM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE PURPOSE FOR WHICH IT WAS DESIGNED. Declarant does not expressly or impliedly guarantee that the System will avert or prevent occurrences or consequences which the System is designed to avert or prevent; (I) The System shall be owned by the Association. Operation of the System shall be the responsibility of the Association. Declarant shall not be required to operate or maintain the System. Costs of operation and maintenance of the System will be paid by the Owners through Assessments; (g) Each residence constructed on a Lot must be connected into the System, and each Owner is responsible for using the System in the proper manner and within the rules and regulations relating thereto as may be adopted from time to time by the Association; and (h) Pursuant to requirements of the City, any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 22 feet at the access control device, and any overhead barrier must be a maximum of 14 feet in height above the road surface, and all gates and cross arms must be of break-away design. From Article W of the Deed Restrictions ASSESSMENTS 4.01 Covenants for Assessments. Each Owner, by acceptance of a deed or other conveyance or transfer of legal title to a Lot, whether or not it shall be so expressed in any such deed or other conveyance or transfer, shall be deemed to have covenanted and agreed to pay to the Association, or to an independent entity (or agency which may be designated by the Association to receivc such monies), the following assessments (collectively, the "Assessments"): (a) Regular Assessments as provided in Section 4.02 hereof; (b) Special Purpose Assessments as provided in Section 4.03 hereof; and (c) Special Member Assessments as provided in Section 4.04 hereof. 14 All Assessments shall remain the property of the Owner making payment of such Assessments but shall be controlled and expended by the Association on behalf of the Owners only for the specified purposes provided or approved pursuant to this Declaration. No profit gain or other benefit is to be derived by the Association from the Assessments, but, instead, such funds shall be expended only as agent for the Owners. All services contemplated to be paid from Assessments shall be obtained by the Association on behalf of the Owners. Upon termination of the Association (and not before), all Assessments held at that time by the Association shall be allocated and returned to the Owners that paid such Assessments. No Assessments shall be levied against the Streets or other Common Properties, or the Lots owned by Declarant; provided, however, that Declarant shall pay the amounts, if any, pursuant to Section 4.02 hereof agreed to be expressly paid by Declarant. From Article VI. A portion of Section 6.02 The Association and the Members shall use the net insurance proceeds to repair and replace any damage or destruction of property, real or personal, covered by such insurance. Any balance from the proceeds of insurance paid to the Association remaining (after satisfactory completion of repair and replacement) shall be retained by the Association as part of a general reserve fund for repair and replacement of the Common Properties. Additionally, the Association shall purchase liability insnrance, naming the City as an additional insured, of the type and in the amount determined by City as sufficient to insure the Association's indemnity obligations to Indemnitees, as required in this agreement. If the insurance proceeds are insufficient to repair or replace any such loss or damage, the Association may levy Special Purpose Assessment(s) or Special Member Assessment(s) (if applicable) to cover any such deficiency. From Article X. A Portion of Section 10.03 10.03 Amendments. Except as otherwise provided in Section 4.10 hereof, Section 10. I 3 hereof or in this Section, this Declaration, or any provisions hereof, may be terminated or amended as to any portion of the Properly only by a document duly executed and acknowledged by Owners holding, in the aggregate, seventy-five percent (75%) of the votes of all Members in Good Standing (both classes of Members) present at a duly called meeting at which a Regular Quorum is present. No such termination or amendment shall be effective until a written instrument setting forth the terms thereof has been executed by the Secretary (herein so called) of the Association confirming the vote of the Members adopting such termination or amendment as required above and recorded in the Real Property Records of Denton County, Texas, Notwithstanding the above, Declarant, without the joinder of any other party, shall have the sole and absolute right to make minor changes or amendments to this Declaration, as determined by Declarant from time to time, to correct or clarify errors, omissions, mistakes or ambiguities contained herein, other than those specified to require City's consent. From Article X. Section 10.12 10. I 2 Approval by the Citv. The provisions of Article II hereof (for so long as the 15 Streets remain private as referenced in Article II hereof), Section 4.10 hereof or Section 9.05 through Section 9.06 hereof, and any other provision so stating, cannot be amended or deleted from this Declaration without the written consent of the City. Other provisions of this Declaration can be amended or deleted without the necessity of the consent of the City. 16 Exhibit D Utilities -_.~c:;---,.,." ---~---- ._ .::0 VI n n;~- .. ~Q t. -J!! z Vi ....!!1_ -t -j ~ q -0 "! '" q ('") "ll l> '" ~ r q n '^ ill ....= c .... ~ < F -0 .. "lln .... =< l> .., ."0 ... -< 1<% '^ "'g .. ~ < ... 1~'" n ... ~.. n 0 ... %.... ... Z :II ....... '^ !if '^ C) '^ .. .... ... l! ;0 .. ... '" .. ""' ... ... <> ::; .... c: ... tfl .. -< ... '" fTl .. .. % .. ....= - .... c: '^ ':il L '" ('") .. ~ F -j T to % 0 .... X 0 Z Of ..., r- '" n_ .... ;0 n -.-------- ---------- 17 Exhibit E Upland Habitat Buffer Area I -.----, I \ y,~.~ " ""/ '<'> , , / "'..,.',~. / , .'-.... /\.,") '-.~~~"\ ,/ .~,', /"'-. \:cl i '_/":~{~,',',:>~>'/",i'::',w,'\:" lS,,',t,:~:,"!_", _ _ __'~_ .. ./'Y/""?'. ,. ~)'-f;_. . .A.(;..-., '. ~. {/Sf"" {} I : ~ ~"IS'/~l~lll(~;\~; ~t~-i L:,.~,. ~L,~,o.,(,-,,',.;, ~-~.~L:J.;J ~~_\"""'" fJwl~.J i -',- -" ,. , ,i-'?::::f;>:'>;j/:{fP:J:<'; , .\.. ,I ,\' ~~t~ [:~. ~;[rT':r'1.'ll":rJ~ SJ]" '\" l~~, sJi:I:Ti"h _..~. "-~-..... \' ,})l~-F,~~; :-,' Fl. IT T r-Ilr'l r ~" ,~ f,:f;kl --:-1 !:B~~t~f&4;;y:.~'}5lf71frff{t7J!.l!l}fff&~ _- ~:.-; '-':KL,L~tri" I 'TL'J ~'::;J{' ,./. ~&?,;j.~" / ~<((~j , rtf:,;; I Uf,:::";__!__ , \ / .; /"'. "'':.'" \. ,\ '., 'c' ~--,.- I "' I --' " ' I-t ,,-, "i~I,;.-_nl~-'r-'--1 'I u ~. , '._ .", ' ~ : "1,,,1-1., t,';.,,';1 " "I "'~u~n_u_,"-,' ".Lm -Y'-r--'.,. I "';'1 .J_ " :G.:.., Ltl S , ----..--..-.... 18 Handout to Council - 05/16/06 Item 5J ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXECUTION BY THE INTERJM CITY MANAGER OF A POWER PURCHASE AGREEMENT BY AND BETWEEN CITY OF DENTON, TEXAS AND CONSTELLATION ENERGY COMMODITIES GROUP, INC., A DELAWARE CORPORATION; APPROVING AND AUTHORIZING THE ACCEPTANCE AND APPROVAL BY THE INTERJM CITY MANAGER AND CITY ATTORNEY OF A GUARANTEE ISSUED BY CONSTELLATION ENERGY GROUP, INC., A DELAWARE CORPORATION; AUTHORIZING AND APPROVING THE EXECUTION OF SUCH OTHER RELATED DOCUMENTS, INCLUDING, WITHOUT LIMITATION, CERTIFICATES, ASSIGNMENTS, LICENSES, DIRECTIONS, INSTRUMENTS, AND STATEMENTS BY THE INTERJM CITY MANAGER OR HIS DESIGNEE, WHICH ARE INCIDENT OR RELATED THERETO, AS SHALL BE REASONABLY DETERMINED BY THE CITY ATTORNEY OR HIS DESIGNEE; CONFIRMING AND RATIFYING THAT THE CITY OF DENTON, TEXAS, ITS MAYOR, ITS CITY COUNCIL MEMBERS, ITS INTERJM CITY MANAGER, AND ITS CITY ATTORNEY OR HIS DESIGNEE SHALL BE AUTHORIZED AND EMPOWERED TO PERFORM SUCH ACTS AND OBLIGATIONS AS ARE REASONABLY REQUIRED TO CONSUMMATE THIS TRANSACTION; RATIFYING ALL PRIOR ACTIONS TAKEN BY THE CITY COUNCIL IN FURTHERANCE OF THE FOREGOING TRANSACTIONS; AND DETERMINING THAT SEVERAL OF SAID AGREEMENTS PERTAIN TO A "COMPETITIVE ELECTRIC MATTER" AS SET FORTH UNDER THE PROVISIONS OF 99551.086 AND 552.133 OF THE TEXAS GOVERNMENT CODE, AS AMENDED; FINDING AND DETERMINING THAT TEXAS GOVERNMENT CODE 9252.022(a)(15) APPLIES; ADOPTING SIGNIFICANT RECITATIONS, FINDINGS AND CONCLUSIONS, AS ARE SET FORTH IN THE PREAMBLE OF THIS ORDINANCE; THAT THE PURCHASE OF CAPACITY AND ENERGY, AND OTHER RELATED ARRANGEMENTS MADE BY THE CITY UNDER THE TERMS OF THIS PURCHASE POWER AGREEMENT ARE IN THE PUBLIC WELFARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("Denton") is a Home-Rule City and a Texas municipal corporation governed by the constitution and laws of the State of Texas; and WHEREAS, in accordance with the provisions of 9551.086 of the Texas Government Code, after due notice of the public meeting was provided as required by law, this Power Purchase Agreement transaction ~'Transaction") was submitted for consideration to the Denton Public Utilities Board on the 15t day of May, 2006; a majority of the Public Utilities Board ("PUB"), a "Public Power Governing Body" as defmed by State law, convened a Closed Meeting as permitted by law, and discussed, considered, and deliberated the Transaction; and thereafter in its Open Meeting on that date, discussed the Transaction and proceeded to recommend to the City Council that the Transaction by and between Denton and Constellation Energy Commodities Group, Inc., a Delaware corporation be recommended for approval by a vote of five (5) in favor to zero (0) opposed; a majority vote of the PUB members present; and WHEREAS, in accordance with the provisions of 9551.086 of the Texas Government Code, after due public notice being given, the City Council, a "Public Power Utility Governing Body" under Senate Bill 7, has discussed, deliberated, considered the Transaction, the subject of this ordinance, in a Closed Meeting of the City Council on the 16th day of May, 2006, after determining by a preliminary majority vote of its members, that the consideration of the item which is the subject of this ordinance, is related to competitive electric matters, including business and commercial information, which if disclosed, would give advantage to its competitors or prospective competitors; and WHEREAS, thereafter, after due public notice being given, the City Council, proceeded to consider the matter of the Transaction which is the subject of this ordinance, in its Open Meeting on the 16th day of May, 2006, and the City Council proceeded to take final action, and voted, by a majority of its members present, _ for and _ against, the City of Denton approving the Transaction; being approved by a majority of its members present and voting, in favor of the Transaction described in said ordinance, as set forth below; and WHEREAS, the City Council has further determined and finds that several of those documents to be entered into by and between Denton and Constellation Energy Commodities Group, Inc., a Delaware corporation ("Constellation"); and other affiliates of this entity, namely the Power Purchase Agreement ("Agreement") and the Guarantee related to said Agreement, and all other documents related thereto as from time to time may be executed by the City of Denton, Texas and/or Constellation, in connection therewith; should be excepted from public disclosure, as permitted by the provisions of 9552.133 of the Texas Government Code, as documents that are reasonably related to a competitive electric matter, the disclosure of which documents would provide an advantage to the competitors or prospective competitors of Denton Municipal Electric ("DME"); and WHEREAS, the City Council has further determined that it is in the public interest that it should exercise its right under the Texas Govemment Code to lawfully safeguard and keep certain of these documents sealed, as they are competitive documents which contain competitive electric information; and WHEREAS, the City Council finds that there is no divestiture, sale or other disposition of the property of any utility of the Denton, and therefore, that no public election is required pursuant to the Charter of the City of Denton, Texas ("Charter"); and WHEREAS, the City Council finds that said Transaction involves Denton purchasing from Constellation a portion of its necessary replacement power and energy requirements for a contractual term of five (5) years, as provided by this ordinance; and that such Transaction involves Denton's acquisition of reliable, cost-effective replacement power and energy from Constellation; with no detriment to the ratepayers ofDME; and WHEREAS, the City Council finds that the transaction as provided by this ordinance, will not impair the ability of Denton to comply with the provisions of any of its utility revenue bonds, as amended, which are issued and outstanding; and 2 WHEREAS, the City Council fmds that S252.022(a)(15) of the Texas Government Code is applicable to this Transaction and that competitive bidding law is not applicable to the purchase by the City of electricity; and WHEREAS, Denton and Constellation have also entered into this Transaction for Constellation's services, among other things, that provides for services related to energy capacity and energy management for Denton; and WHEREAS, Denton has considered all bids provided by other power providers in Denton's Request For Proposals and finds and concludes that Constellation, who presently serves Denton's needs in this area, should be selected by Denton to provide a portion of Denton's power and energy needs for the ensuing five years; and WHEREAS, Denton desires to enter into such other arrangements in support of the Agreement with Constellation (or its affiliates) which are incident and related to the Power Purchase Agreement, and to take such additional actions as the Interim City Manager or his designee, shall determine to be necessary and advisable to effectuate the matters set forth herein; NOW THERFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council, hereby approves and authorizes the Interim City Manager and City Secretary, to execute and attest respectively, the Power Purchase Agreement, by and between the City of Denton, Texas and Constellation Energy Commodities Group, Inc., a Delaware corporation, under the terms and conditions being contained in substantially the form which is attached hereto as Exhibit A and made a part hereof, with such amendments, changes and additions as the Interim City Manager may approve, and the execution and delivery thereof on behalf of the City of Denton by or at the direction of the Interim City Manager shall constitute such approval. SECTION 2. That the City Council, hereby approves and authorizes the Interim City Manager and the City Secretary, to approve and accept the Guarantee, on behalf of Denton, and to attest respectively, the Guarantee, issued by Constellation Energy Group, Inc. for the benefit of Denton, as Buyer Credit Protection, under the terms and conditions being contained in substantially the form which is attached hereto as Exhibit B and made a part hereof, with such amendments, changes and additions as the Interim City Manager may approve, and the approval and acceptance thereof on behalf of the City of Denton by or at the direction of the Interim City Manager shall constitute such approval. s SECTION 3. That the City Council, hereby approves and authorizes the Interim City Manager and City Secretary to execute and attest respectively, all other documents which are incident and related to the Agreement referenced herein and to take such additional actions as the Interim City Manager shall determine to be necessary and advisable to effectuate the matters set forth above. SECTION 4. That the City of Denton, the Mayor, the Interim City Manager, the City Attorney or their designees be, and each of them individually hereby is, authorized and empowered to perform all such acts and obligations as required with respect to the Agreements and documents described herein. SECTION 5. That the Mayor, the City Manager, the City Attorney or their designees be, and each of them individually hereby is, authorized, empowered and directed to negotiate, deliver and perform all such acts and things and to sign all such documents, certificates, contracts, assignments, licenses, leases, agreements, directions, instruments and statements, each together with such amendments, changes and additions thereto as the Mayor, the Interim City Manager, the City Attorney or their designees shall determine to be necessary or advisable to effectuate the matter set forth herein, any such determination to be conclusively evidenced by the taking or causing to be taken of such action or the execution and delivery of any such document, certificate, agreement, license, lease, direction, instrument or statement by the Mayor, the Interim City Manager, the City Attorney or their designees. SECTION 6. That all prior actions taken by the Mayor, the Interim City Manager, the City Attorney or their designees in furtherance of the foregoing matters be and hereby are ratified, approved and authorized in all respects as of the dates and times such actions were taken. SECTION 7. That immediately following the execution and delivery of the documents described as Power Purchase Agreement and the Guarantee incident to such Agreement, as provided for in this ordinance, the City Secretary is hereby directed to seal and maintain said documents in her custody and control, as documents excepted from public disclosure under the provisions of 9552.131 of the Texas Government Code (the "Public Power Exception"); unless otherwise lawfully ordered to disclose said documents. SECTION 8 hereby authorized. That the expenditure of funds as provided for in this ordinance is SECTION 9. passage and approval. That this ordinance shall become effective immediately upon its 1< PASSED AND APPROVED on this the 16th day of May, 2006. EULINE BROCK, MAYOR ATTEST: JENNlFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY l/}l iQ ~ By: .f) 0 ( S:\Our Documents\Ordinances\06\DME-Power Purchase Agreement-Constellation-Ordinance.doc 5