The URL can be used to link to this page

Home My WebLink AboutJune 20, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL June 20, 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, June 20,2006 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 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. 2. Receive a report, hold a discussion and give staff direction regarding the CIP Oversight Committee's recommendations. 3. Discuss the nomination process for the City's Boards and Commissions. 4. Receive a report, hold a discussion and give staff direction regarding the retention period for candidate/officeholder contribution! expenditure reports. 5. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of June 20, 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, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. City of Denton City Council Agenda June 20, 2006 Page 2 2. Consider and discuss status of litigation styled Denton Firefighters Relief & Retirement Fund v. City of Denton, Cause No. 2005-30380-211, currently pending in the 211 th District Court of Denton County , Texas. 3. Consultation with the City's attorneys regarding legal issues related to approving a Detailed Plan for Planned Development District No. 115 (PD- 115). A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 4. Consultation with the City's attorneys regarding legal issues pertaining to the City Charter, charter amendments, and election code issues. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 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, June 20, 2006 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B . Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. June 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. City of Denton City Council Agenda June 20, 2006 Page 3 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 - T). 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 - T 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 Council of the City of Denton, Texas, authorizing the City Manager to enter into an agreement with the North Central Texas Council of Governments for a Sustainable Development Project for the Wells Fargo Catalyst Project; authorizing the City Manager, or his designate, to act on behalf of the City in all other matters that are related to the Project pledging that the City of Denton will comply with all Project requirements of the North Central Texas Council of Governments; and providing for an effective date. B. Consider adoption of an ordinance of the City of Denton, Texas pertaining to the membership of the Denton Firefighters Relief and Retirement Fund; and providing an effective date. C. Consider approval of a resolution of the City of Denton supporting the establishment of a Foreign Trade Zone in the City of Denton's industrially-zoned area near the Denton Airport and at the University of North Texas Research Park in order to stimulate economic development growth and activity; to encourage international trade and create jobs and investment in the City of Denton; and providing an effective date. D. Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 2. LandAmerica/Confidential Owner Duplicate Payment 2005 $1,165.36 4. Lioselle, Lance Duplicate Payment 2005 $ 783.24 6. LandAmerica/ Wheat, Glenn & Duplicate Payment 2005 $ 534.86 Betty E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3510 - Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder, Hanson Pipe and Precast, in the annual estimated amount of $50,000). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda June 20, 2006 Page 4 F. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for electrical substation connectors for the Hickory Substation; providing for the expenditure of funds therefor; and providing an effective date (Bid 3512 - Deutsch Connectors for Hickory Substation 69kV Bay Project awarded to Irby Supply Company in the estimated amount of $34,718). The Public Utilities Board recommends approval (6-0). G. Consider adoption of an ordinance authorizing the City Manager to execute change order one to the contract between the City of Denton and Jamail Construction Company; providing for the expenditure of funds therefore; and providing an effective date (Ordinance No. 2005-187; File 3356-Design!Build of Landfill Scale House awarded to Jamail Construction Company in the not to exceed amount of $296,316 and Change Order One in the amount of $38,870 for a total amount of$335,186. The Public Utilities Board recommends approval (6- 0). H. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two motor pool replacement vehicles for the City of Denton Electric Metering Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3526 - Interlocal Agreement for the purchase of Fleet Vehicles for Electric Metering with H-GAC awarded to Philpott Ford in the amount of $37,561). The Public Utilities Board recommends approval (6-0). I. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a Heavy Vehicle Lifting System for the City of Denton Fleet Services Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3525 - Interlocal Agreement for the purchase of Heavy Vehicle Lifting System for the Fleet Services Division with H-GAC awarded to Automotive Resources, Inc. in the amount of$37,769.61. J. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Model 826H Caterpillar Landfill Compactor for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3527 - Interlocal Agreement for the purchase of a Landfill Compactor for the Solid Waste Department awarded to Holt CAT, Inc. in the amount of $610,048). The Public Utilities Board recommends approval (6-0). K. Consider adoption of an ordinance awarding an annual contract for the purchase of the annual supply of liquid petroleum gas for the City of Denton, as awarded by the State of Texas Building and Procurement Commission; providing for the expenditure of funds therefore; and providing an effective date (File 3524 to Northwest Propane Gas Company in the estimated amount of $100,000; Mount Belvieu posted price + $.35/gallon). City of Denton City Council Agenda June 20, 2006 Page 5 L. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of a 4 Wheel Self Propelled Broom for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3515 - 4 Wheel Self Propelled Broom awarded to Howard McAnear Equipment Company in the amount of $35,428.20). M. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2005-157, providing for an amendment to Chapter 2, Article V of Library, Section 2-157 of the Code of Ordinances of the City of Denton, Texas, to require the payment of an annual fee for a library card for nonresidents and discounted annual fees for nonresidents enrolled full time in an independent school district or home-schooled; providing limited access punch cards for nonresidents; providing a severability clause; providing for a saving clause; and providing for an effective date. The Library Board recommends approval (7-0). N. Consider a request for an exception to the Noise Ordinance for amplified sound for the Denton County Historical Commission's celebration of John B. Denton's 200th birthday. The three-day countywide event will be held at the Denton Downtown Square. The request is for an exception to the hours of operation from 10:00 p.m. until 11 :00 p.m. on Saturday, July 29th and amplified sound on Sunday July 30th from 10:00 a.m. - 12:00 p.m. O. Consider adoption of an ordinance of the City of Denton, Texas, authorizing an amendment to that modification, clarification and ratification of oil and gas mineral lease between the City and Stroud Energy, LTD. to extend the time period for the drilling of Gas Well #4H at the airport; providing a savings clause and an effective date. The Airport Advisory Board recommends approval. P. 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. Q. Consider adoption of an ordinance amending ordinance no. 2005-174 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas; by clarifying application of suspension of the rules, creating the position of Deputy Mayor Pro Tern and providing that the Deputy Mayor Pro Tern be added as a member of the Agenda Committee; and repealing and consolidating ordinance 2005-174; providing a severability clause; and declaring an effective date. R. Consider approval of a resolution of the City of Denton, Texas authorizing the City Manager to sign and submit, to the US Department of Housing and Urban Development, an application for a CDBG Section 108 Loan Guarantee with appropriate certifications as authorized and required by the Housing and Community Development Act of 1974, as amended, and providing for an effective date. City of Denton City Council Agenda June 20, 2006 Page 6 S. Consider adoption of an ordinance of the City Council of the City of Denton, Texas Authorizing the Interim City Manager to execute a first amendment to a contract for professional legal services with Denton, Navarro, Rocha & Bernal for professional legal services relating to meet and confer bargaining issues pursuant to Texas Local Gov't Code 142.051, et seq., and Texas Local Gov't Code 142.101, et seq., authorizing the expenditure therefore, and providing an effective date. T. Consider approval of a resolution revising Administrative Policy 403.07 "Debt Service Management" and providing for an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adopting an ordinance regarding an Alternative Development Plan for a multifamily development. The site consists of approximately 0.30 acres and is located on the northwest corner of Wainwright and Prairie Streets. The property is located within a Downtown Commercial General (DC-G) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommends approval with the condition that one parking space be provided for each apartment (6-0). (ADP06- 0010, Victoria Square Apartments) B. Hold a public hearing and consider adopting an ordinance regarding a Specific Use Permit for a veterinary clinic. The property is located on the east side of North Locust Street, north of Third Street. The approximately .036 acre site is located within a Downtown Residential-2 (DR-2) zoning district. The Planning and Zoning Commission recommends approval (6-0). (S06-0004, Mitchell Veterinary Clinic) C. Hold a public hearing and consider adopting an ordinance concerning a Detailed Plan for Planned Development District No. 115 (PD-115) for approximately 194 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35. On May 24, 2006, Planning and Zoning Commission concluded a public hearing without reaching a consensus on the recommendation to approve the Detailed Plan (3-3). (206-0005, Kings Ridge Estates) D. Hold a public hearing and consider adoption of an ordinance ordering the dismissal, and in the alternative, the denial of Atmos Energy Corporation, Mid- Tex Divisions' application for an interim gas reliability infrastructure program adjustment for calendar year 2005; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; providing notice of this Ordinance to Atmos Energy Corporation; and providing an effective date. City of Denton City Council Agenda June 20, 2006 Page 7 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, suspending the effective date of Atmos Energy Corporation, Mid- Tex Division's requested rate changes as set forth in their statement of intent filed with the City Secretary on May 31, 2006 for ninety days to permit the City time to study the request and establish reasonable rates; to require the reimbursement of municipal rate case expenses; ratifying and reaffirming the participation in the A TM Coalition and the hiring of rate case consultants and authorizing their participation in proceedings before the City and the Railroad Commission; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. B. Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton totaling $12,665,000; and providing for an effective date. C. Election of a Deputy Mayor Pro Tern. D. 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. Jordan Hudspeth regarding concerns of Southeast Denton. C. Lanisha Hudspeth regarding concerns of Southeast Denton. D. Hagar Hudspeth regarding concerns of Southeast Denton. E. Willie Hudspeth regarding concerns of Southeast Denton. F. Lisa Steinbach regarding feeding the homeless. E. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda June 20, 2006 Page 8 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 20, 2006 DEPARTMENT: Economic Development .. ICM: 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 On May 16, 2006 staff presented information regarding the establishment of a Foreign Trade Zone (FTZ) in Denton. In response to a request for additional information, the attached business plan has been prepared. Application cost-sharing information has been amended to reflect only those property owners who have indicated a desire to be included. You will note that UNT has expressed interest in having the Research Park become a part of the FTZ. They are: . Denton Municipal Airport . University of North Texas . Rayzor Investments . Granite Properties . Martino . Mayday Manufacturing We tried to create a very, very conservative proforma for your consideration. Assumptions for the proforma are: . No change in property ad valorem rates for City, County and Denton ISD . No increases in lease rates for Airport land . No new taxable inventory place on tax rolls . No sales tax impact from new employees included The Economic Development City and Chamber staff are requesting support of the Zone through a resolution allowing the Mayor to write a letter of support. If approved, staff will visit with the Denton County Commissioners and Denton Independent School District Board to seek their support. Without support of all taxing entities, approval of the application will be in jeopardy and will not be submitted. ESTIMATED SCHEDULE OF PROJECT The application process will take approximately two years. - 1 - FISCAL INFORMATION Total cost to complete the application process is approximately $50,000. A partnership with the private sector is being formed to share in this cost. It is estimated that the City of Denton's share (to include 340 acres of Airport property) is approximately $10,800. 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. EXHIBITS 1. Foreign Trade Zone Business Plan Respectfully submitted: Linda Ratliff, Director Economic Development Department - 2 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Introduction City and Chamber Economic Development staff recommend the establishment of a Foreign Trade Zone in the industrially zoned area around the Denton Municipal Airport. In addition, the University of North Texas has expressed a desire to include the Research Park property. The proforma provides a very conservative, realistic development scenario over a ten- year period. Although the first two years (for Denton County and the Denton Independent School District) - three years for the City of Denton - indicate a loss in revenue the potential for increased revenue over the ten-year period is significant. Staff researched many foreign trade zones and have included information regarding only the zones we believe are similar to Denton. Our research focused on the types of businesses that would be suitable for Denton and the likelihood of successful recruitment. - 1 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 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. What is a Foreiqn 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. 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. - 2 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 . Retail trade is prohibited. Objectives The primary objectives for establishment of a Foreign Trade Zone are to: . Expand the business opportunities in Denton through an economic development tool that is only available in a limited number of cities in Texas . Expand the property tax base through the location of businesses that require FTZ status . Expand the property tax base through the location of businesses that are service providers and/or suppliers of FTZ companies . Encourage foreign commerce to stimulate international trade . Create jobs . Raise the level of Denton's marketability and status within foreign trade-related industries . Provide an advantage to the City's Airport to better compete with other airports, resulting in increased lease activity. - 3 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Benefits to Businesses . 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 Reiected 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. . 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 Savinqs on Sales to the U.S. Military. NASA. or other Governmental Aqencies: Generally, no duty is assessed when Zone merchandise is sold to the U.S. Military, NASA or other governmental agencies. Costs to Businesses The cost to establish a General Purpose Zone is approximately $50,000. Once designated as a zone, businesses within the zone boundaries must activate their zone status to receive the benefits listed above. The cost to activate status is approximately $40,000. In most cases, it is too cost prohibitive for one business to establish the zone and activate their status. - 4 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Application Process To receive Foreign Trade Zone designation, it is helpful if the city currently has a company in place that will activate its status. Fortunately for Denton, Avionics International Supply, Inc. (AIS) would like to apply for a temporary status. The cost to AIS will total approximately $40,000. The temporary zone would only involve their operation and would expire in two years. In the meantime, Economic Development staff and the Economic Development Partnership Board propose the City seek General Purpose Zone status. This project would establish the Airport and surrounding property/businesses that are interested in participating. It would also include the property at the UNT Research Park. 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. Economic Development staff have visited with surrounding property owners and have received verbal commitments from those listed in the cost sharing chart. Those that have existing businesses, such as Peterbilt Motors and Mayday Manufacturing, currently do not have a reason to activate zone status. However, they see the benefit of including their properties now so they can participate in the cost sharing. Property owners such as Rayzor and Granite Properties see the benefit of zone designation when marketing their land and facilities. - 5 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Application Cost Sharing The following property owners have expressed an interest in participating in the cost of the application so their properties could be included in the Foreign Trade Zone boundaries. Since the application cost is based on the number of acres in each property, adding additional properties to the Zone will reduce the cost per acre. There are property owners/businesses who have not yet responded to our request to visit with them regarding this project. Rayzor Site 1 Rayzor Site 6 Granite Properties Martino (Trim Systems facility) Peterbilt Motors Co. Mayday Manufacturing UNT Research Park City of Denton Municipal Airport Totals 731 149 65 3 60 35 200 340 1,583 $23,089 4,706 2,053 95 1 ,895 1 , 1 05 6,317 10,739 $50,000 - 6 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Marketing Plan Printed Materials New Materials: Once the Foreign Trade Zone is established, the Chamber of Commerce will publish an informational brochure on the boundaries and include contact information for the sites within the zone. This brochure will be used when providing prospects with general information on Denton as well in addition to responding to specific requests requiring location within a FTZ. Existinq materials: As the existing materials are updated, information regarding the Foreign Trade Zone will be added to them. This would include the Demographic Profile and the soon to be developed Airport and Business Parks marketing pieces. Industrial Site Profiles: The Economic Development offices currently have site profiles developed for six sites. Profiles for the sites located within the Foreign Trade Zone will be updated to provide that information. Websites: Both the City of Denton and Chamber of Commerce Economic Development websites will be updated to include a section regarding the Foreign Trade Zone. In addition, once established, the Denton Foreign Trade Zone will be included in the Department of Commerce and the Foreign Trade Zone Operator's websites. Trade Shows: The Chamber of Commerce proposed marketing plan for 2006/07 includes attendance at two aviation trade shows, National Business Aviation Association (NBAA) and Aircraft Electronics Association (AEA). In addition, the Chamber plans to represent Denton at one manufacturing trade show and a realtor/broker show. Although it is not anticipated that the Foreign Trade Zone application would be approved in time to attend the 2006/07 events, these are the types of annual shows where this information would be valuable in future years. Allies and Orqanizations: The Chamber of Commerce will inform and continually remind national, state and regional allies of the Denton Foreign Trade Zone designation through mailings, emails, phone contact, visits and survey participation. Direct Mail Campaiqn: A list of targeted companies will be developed and Foreign Trade Zone brochures will be mailed directly to these businesses. StOry Placement: The City and Chamber Economic Development offices will promote articles in business journals, magazines and newspapers regarding establishment of Foreign Trade Zone through personal contacts and press releases. - 7 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Estimated Ten-Year Proforma Scenario The attached spreadsheets represent the following recruitment and location proposal: Assumptions: . No change in property ad valorem rates for the City, County and Denton ISD . No increases in lease rates for Airport leased land . No new taxable inventory placed on the tax rolls . No sales tax impact from new employees considered These assumptions allow us to present the development scenario within the Foreign Trade Zone in the most conservative format. Year One: In year one, we would see a percentage of the existing inventory at Avionics International come off the tax rolls. Although we don't believe it will be significant, for the purpose of this proforma we have indicated 500/0 of the tax revenues to be lost. In addition, the City of Denton would incur a prorate share of the application costs as well as the cost to produce a one-page, two-sided marketing piece for the Foreign Trade Zone. Year Two: In the second year, we continue to experience the loss of inventory from Avionics International. The marketing costs consist of postage for the direct mail campaign. Year Three: Avionics International has indicated that they believe with the Foreign Trade Zone designation, they will be able to double their international business and plan to expand an additional 10,000 square feet with a building and equipment value of $300,000. Another aviation-related business locates at the Airport with building and equipment valuation is $1 million. Revenue: Two new buildings with equipment are added to the tax rolls. In addition, the City of Denton receives additional lease revenue at the Airport for two tracts. Expense: Another $300 is allotted for direct mail postage In Year Three Denton County and the Denton ISD have recouped their loss of tax revenue. - 8 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Year Four: Revenue: No change Expense: $300 for direct mail postage The City of Denton has recouped the lost revenue and expenses. Year Five: Revenue: No change Expense: The marketing piece is updated, produced and distributed. Year Six: Revenue: By year six, we believe we will be able to locate a medium-sized business in either Granite Point or the new proposed business park on Rayzor property. A conservative amount of $5 million in building and equipment valuation is added to the tax rolls. Expense: $300 for direct mail postage Years Seven. Eiqht. and Nine: No change from Year Six Year Ten: Revenue: No change Expense: The marketing piece is updated, produced and distributed. - 9 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 - ~ 0 N 0 00 - M <0 0 N 00 00 00 0 0 t'-.. N 0 00 N 0 N ~ 0 L() L() L() 00 ~ L() <0 L() 0 ~ ~ <0 M ~ L() - N - ~ 0 N 0 00 - M M 0 N 00 00 00 0 0 t'-.. L() 0 00 N 0 N ~ 0 0 (j) L() ~ L() <0 L() 0 <0 ~ ~ M ~ ~ N - ~ 0 N 0 00 - M (j) 0 N 00 00 00 0 0 t'-.. t'-.. 0 00 N 0 N ~ 0 0 00 L() ~ L() <0 L() 0 <0 L() ~ M ~ <0 - ~ 0 N 0 00 - M <0 0 N 00 00 00 0 0 t'-.. 0 0 00 N 0 N ~ 0 0 00 L() ~ L() <0 L() 0 <0 (j) ~ M ~ ~ ~ - ~ 0 N 0 00 - M N 0 N 00 00 00 0 0 t'-.. M 0 00 N 0 N ~ 0 0 t'-.. L() ~ L() <0 L() 0 <0 M ~ M ~ t'-.. - ~ 0 N 0 - <0 (j) 0 N 00 00 00 0 <0 L() 0 00 N 0 N 0 ~ <0 L() 00 ~ L() <0 L() ~ ~ t'-.. - N - ~ 0 N 0 - <0 M 0 N 00 00 00 0 <0 (j) 0 00 N 0 N 0 <0 ~ L() ~ ~ L() <0 L() L() M - ~ 0 N 0 - <0 - 0 N 00 00 00 0 <0 M 0 00 N 0 N 0 <0 t'-.. L() ~ ~ L() <0 L() L() ~ 0 - 0 - 0 (j) 0 0 0 M L() ~ 00 00 ~ ~ t'-.. ~ - - - - - - (j) 0 0 (j) (j) M 0 0 M M t'-.. L() 00 0 0 0 ~ ~ L() L() ~ - ~ ~ - - - en ~ ~ en c.. c.. OJ c.. c.. c W I :::J :::J c.. en c.. c.. 0 (f) (f) "S :::J "S "S Z ~ OJ ..c OJ 0 0::: Q) co s.... co 0- :::J 0- :::J 0- a.. ::::s c 0 c W C "'0 W C W N s::: 0 C 0 OJ OJ OJ en W Z en Q) 1\1 OJ 1\1 ~ > ro ~ > en ~ 0 0 OJ > > s.... ~ (j) s.... ~ OJ s.... ro r- OJ Q) c c c c.. s.... c.. c c.. en <( t:t:: s.... s.... E OJ I E OJ E en 0 0::: Z LL OJ 0) OJ en c en en W tn .-. C c C ro 0 ro :::J 0 r- r- .... c E tn 0 JQ ~ c JQ ..c c u ro 0 tn 0 Q) tn ~ 0 0 0 0 OJ Z ~ en en 0) 0) > 0 ... 0 "x 0 '+-' "S; '+-' '+- r- <.9 LL<( U U s.... s.... C ~ (J u .2 ...J "c OJ "c 0- 0 ro "E 0 E "E ~ w O~ ~ --- 0 c.. c.. co "5 c.. ........ 0 ~ 0 s.... S s.... S 0::: ~o::: .!9 .5 ~ ~ M <{ ~ <{ L() ~ :::J E c.. ~ f:I7 OJ f:I7 OJ f:I7 s.... C 0 -0 ~ <( "C ns Z Z ro c :::J LL ()LL .5 <( C) ~ <( () - 10- DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 0 0-.1 0 0 0 0 0-.1 tD 0 0) ~ 0 (T) LD LD_ LQ m N O"l m. LD m (T) 0) ~ t:::-. 0) 0 m LD 0 0-.1 0 0 0 0 0-.1 ~ 0) ~ 0 (T) 0-.1 0 LD_ tD_ 0-.1_ 0)_ 0)_ LD_ LD m (T) 0) ~ t:::.- O) 0 t"--- ~ .----. 0-.1 0 0 0 0 0-.1 0-.1 0 0) ~ 0 (T) 0) 0 LD_ tD_ 0-.1_ O"l O"l LD_ LD m (T) 0) ~ t:::-. 0) 0 tD (T) 0 0-.1 0 0 0 0 0-.1 0 0) ~ 0 (T) tD 0 LD_ tD_ 0-.1_ 0)_ o_ LD_ LD m (T) 0) LD t:::.- O) 0 LD 0-.1 .----. 0-.1 0 0 0 0 0-.1 m 0 0) ~ 0 (T) 0-.1 0 LD_ tD_ 0-.1_ O"l ~ LD_ t:::-. LD m (T) 0) LD 0) 0 ~ 0 0-.1 0 0 0 0-.1 tD 0) ~ (T) 0) 0 LQ tD_ t"---_ ~ LD_ LD m tD LD t:::.- (T) 0 0-.1 0 0 0 0-.1 ~ 0) ~ (T) tD 0 LD_ tD_ t"---_ ~- LD_ t:::.- LD m tD m 0 0-.1 0 0 0 0-.1 0-.1 0 0) ~ (T) (T) LD_ LQ m t"---_ t"---_ t:::-. LD m tD .----. 0 .----. .----. 0 0 0 0 0 0 LD_ LD_ 0_ t:::-. t:::-. LD ~ ------ 0 0 0 0 0 0 0 0 LD_ LD_ LD_ t:::-. t:::-. t:::-. -=i ~ (j) 0:: :=-. :=-. (j) 0 Q.. Q.. Q) LL Q.. Q.. C W 1-0 ::; ::; Q.. (j) Q.. Q.. Zo:: G'J G'J ::; Z :=-. ::; Q) ...Q ::; Q) ::; 0 Wo... GJ ro L- ro rr ::; rr ::; rr 0 :::::I c 0 c W C ""D W C W N ZI- C Q) c 0 0 Q) +-' oe: Q) (j) oe: W WO (j) GJ '~ Q) '~ oe: ::- ~ ::- (j) ~ 0...(2 Q) t ::- L- ~ ~ L- ~ Q) L- E c E Q.. Q.. C Q.. (j) 2:: WI- Q) E Q) E Q) E 0:: OG'J LL ~ 2 rn 2 (j) C: (j) (j) 00 0 ..... c ro "9 ro ::; 0 l- I- Z- m c E c c 0 C ...Q C ro _0 0 MI '~ Q) +-' Q) U Q) Z MI GJ MI (j) (j) 0 ,m 0 rn 0 rn c: ::- Z--.J 0 ro .... 0 "x 0_ +-' +-' (9 U U L- ::- L- E c I- '..j:::: 00 U u ..e ....J Q) 0 0 ro "E 0 "E ro W 1-0 == :t:'" c c 0 Q.. Q.. ID ro 0 ~ 0 L- ~ L- ~ ::; 0:: ZI .!! Q.. .5 (T) 4: ~ 4: LD -t: ::; E i::F:t Q) i::F:t Q) i::F:t C 0 wo ."t:: ~ "'CII 1:1 dt dt Z Z ro c ::; LL OG'J .E < l:I ~ -=i 0 - 12 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Contacts/Research Notes Dennis Konopatzke, Principal Foreign Trade Zone Operating Company of Texas Dallas, TX Dennis stated that the types of businesses Denton could and should recruit for its Foreign Trade Zone are: High Value Cargo businesses, both foreign and U.S. owned. These would include: . Watches (Fosil) . Jewelry (Zales) . Telecommunications (Nokia) . Computer (Dell) . Semiconductor (Samsung) . Automotive o Air conditioning o Fuel injection . Aviation o Aircraft component manufacturing o Avionics . Support services and suppliers for these industries Automotive and semiconductor companies: Expect: 100,000 - 200,000 sq ft buildings 200-300 employees Other industries listed: Expect: 50,000 - 100,000 sq ft buildings 50 - 75 employees - 13 - DENTON FOREIGN TRADE ZONE BUSINESS PLAN June 20, 2006 Joy Rambo (Durant, OK FTZ) Have one sub-zone - Valero petroleum Are in process of establishing general purpose zone Oklahoma City FTZ Web site (Joy Rambo provided info on deactivated companies) 1984 FTZ Zone application approved 1988 General Motors relocates from Tulsa (automotive assembly plant) Later deactivated zone status - closed facility 1992 Ted Davis Mfg locates (magnet assembly) Purchased by Siemens in 1996. Still operates in OKC as Vacuumschmelze Corp 2000 Imation (spinoff of 3M) 2001 Xerox Corp (later deactivated zone status) DFW Foreign Trade Zone Tenants (website) . Sharp Electronics . North American Van Lines . Professional Turf Products (Irrigation and lawn cutting) Toro products . Selective Technology (Canadian) electronic components . Federal Express . Best Courier Service . Eagle Global Logistics . International Paper (has manufacturing facilities worldwide) . World Trade Cargo Logistics . NEC Americia (manufactures semiconductor and integrated devices) . Mannesman Dematic (manufactures materials handling equipment) . Rapistan Corporation (power driven conveyors) . Lithonia Lighting Corporation (lights and lighting fixtures) . North Lake College . Hitachi America (electronics and components) . Aviall Services, Inc. (aviation and marine aftermarket products) . Allflexx USA Incorporated (electronic identification - livestock, pets) Tim Whitman, Denton Airport Manager Tim has worked at airports with foreign trade zones and feels confident the Denton Municipal Airport would be an excellent candidate for locating trade related businesses on site. He committed to assisting in recruiting: . Aircraft manufacturing . Corporate Flight Departments (international travel) . Charter services (maintenance facilities) . Avionics - 14 - AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEP ARTMENT: Utility and CIP Engineering Howard Martin, 8232 .. ICM: SUBJECT Receive a report, hold a discussion, and gIve staff direction regarding the CIP Oversight Committee recommendations. BACKGROUND During a five-year CIP, the timing of some projects needs to be adjusted to correspond with other infrastructure improvements. Staff is proposing making various changes to the current 5- year CIP in order to coordinate with various utility activities. OPTIONS Approve changes recommended by staff. Approve but with alternative changes to the CIP. Do not approve. RECOMMENDATION The CIP Oversight Committee recommends the following changes to the current 5-year CIP schedule (Exhibit 1). PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) 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. Staff was directed to explore options on how to augment CIP funding to allow for the completion of the approved CIP projects. EXHIBITS 1. CIP Report 2. Agenda Item 4 from May 11, 2006 CIP Oversight Committee meeting. 3. Agenda Item 5 from May 11,2006 CIP Oversight Committee meeting. R~esp~ctfullY~SU~mitted: . . . . .. . . . .. . . . .. ... . . .. . ...... . . .. . . . ... . . .. . . ... .. . .. . . ... ... .. .. .. .. . . . .. .... . ::.. .. .. .... . . :...... . Jim Coulter Director Water/Wastewater Utilities ~ <(>- 0:::0::: <.9<( o~<o Zg:~g Or-~N r-Z(f)O ZWWM W ~ f 1"\ .....J ow\..!- LL>ZO::: 00:2~ ~g:OLL -~r-O O-O(f) .....JW<( ~O -0::: ~a.. o ccc 0) 0) 0) m EEE "'0 ~ Q)O)O)O)Q) ~ UUUO)O) :> ro ro ro ro c 0) c..c..c..~ro ~ ~~~~-5 Q) $ 0) 0) Q) 0..0 ~ $ CCC"'Oc 00 s::: s....s....s....6:5 s.... O)c222..c 0) ro~CllCllCll .D ..c c~Q)~~~~6 o~ O)$U$$$"'On Ern E "'0 ..!Q "'0 "'0 "'0 ro 0) "~O) 0) 0) 0..0) Q)O) E- ~m~rommen~~~E c.."~ 0) "~ "~ "~ 0) ~ ro C rn ~"E-="E"E"E ~J2..c..c C o 000 ro 0) C E o ooo..c..coo o 0000 0 ~ s.... o $ 0) 0) C C C o en ro 0) 0::: s.... s.... 2 0) rom $ $ 0) 0) 0000 ro ro $ $ ~~ "'0 "'0 0) 0) 10m C C "'0 "'0 s.... s.... o 0 o 0 00 0) U s.... :::J o (f) 0) C "'0 C :::J LL o 00 00 o - - 0 o t'-.. (j) ~ f:I7 f:I7 0) 0) C C .Q.Q ro ro ~~ C o ~ U ~ "'0 o ~ L() L() 00 00 N N >->- LLLL .8.8 <0 <0 00 00 N N >->- LLLL E E o 0 s.... s.... '+- '+- "'0 "'0 0) 0) ~~ ..c ..c (f)(f) C o ~ "C U en 0) o s.... 0) O)~ O)C ~ "E 0000 ~~ XX ;!:cXX uoXX 0) .- 00 M "0 n; ~ ~ s....~00 a..OL()L() c.M M 0) tn "'0 C o ns o~ (j) o o N >- LL .8 <0 o o N >- LL E o s.... '+- (j) (j) (j) 000 000 N N N >->->- LLLLLL .8.8.8 <0 <0 L() 000 000 N N N >->->- LLLLLL E E E 000 s.... s.... s.... '+- '+- '+- "'0 0) ~ ..c (f) "'0 "'0 "'0 0) 0) 0) ~~~ ..c ..c ..c (f)(f)(f) o o o L() <0 f:I7 o o en 0"'0 L()- 5 o '+- M f:l70 ~0 s.... 0) ..c C ~:~ "- ro TI E o 0) ~o::: "'0 en s.... - ..co 0) . cO :s2M Uo 00 ~N o o 0 o 0 o L() L() 0 <0 M f:I7 ~ f:I7 ~ ,+-,0,+-,0 UOUO o)No)N "---.. >- "---.. >- eLL eLL 0.. 0.. ,+-"'O,+-"'O o 0) 0 0) oo~oo~ 00..00.. U E U E "'00"'00 0) U 0) U en '+-' en '+-' ro U ro U ~"~ ~"~ U 0 U 0 CC:.f:C: "'0 0) :5 ~ 0) :E 0) OJ JQ~ocO)rn en "'0 .Q Z :s2 "c ~ "~ m ro 32 g 6 rn OI~O~OJ~ XXXXXXX XXXXXXX XXXXXXX <O~<ONMO<O <O(j)~t'-..t'-..t'-..o ~~~~~~N 0000000 L() L() L() L() L() L() L() MMMMMMM c o 0, c ~ X X X L() <0 ~ o L() M N M~ L() L() L() <0 en U 0) "0 s.... 0.. "'0 0) 00 0) :::J c- O) s.... 0) 10 "'0 '+-' s.... ro 00 s.... "~ "'C ro W Um "~o 0>- c..LL -0 x'+-' X "'0 X 0) <0 > <0 0 ~ E o L() M <0 o o N >- LL .8 (j) o o N >- LL E o s.... '+- "'0 0) ~ ..c en U 0) "0 s.... a.. s.... 0) c 0) o 0) 0) ~ "C 0) I ~ 0) 0) s.... o s.... ro JQ cO o ;X nsX Q)X "'00 (.)t'-.. Q)o 0::0 ~~ tn ~ :at'-.. a.. Exhibit 1 c a.. a.. a.. a.. a.. 0 ::sqqqq <(00 <(00 <(00 <(00 :+::i .....J . . .....J . . .....J . . .....J . . .C w<.90<.90 w<.90 w<.90 w<.90 w<.90 u L() L() L() <0 <0 <Ot'--t'-- t'-- 00 00 00 0) 0) 0)00 en 00000 000 000 000 o ~ ~ Q) 00000 000 000 000 000 0 NNNNN NNN NNN NNN NNN Q) U s.... :::J 0 (f) <0 t'-- 00 ~ N M ~ L() <0 t'-- 00 0) 0 ~ N M ~ ~ ~ ~ L() L() L() L() L() L() L() L() L() <0 <0 <0 <0 <0 C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "'0 C :::J LL ~ <( 0::: <.9~ Ow z8:<.9 Or-~ r-ZW ZWO ~~O w LL>O 00>- >-0:::0::: ~a..0 -~<.9 O-W .....Jr- <(<( co a.. <( o ro .C o 2 Q) U rn <(s.... c ro JQ .C 0 u-2 C"en r-oos....ro~~ .....J 0 <( "'0 rn . t:::! uccccsrn Q) ro ro ro 0 Q) c e -e -e -e ~ ~ .Ql a..::J::J::J(f)(f)(f) en C Q) E Q) > o s.... 0.. E~ ~(j) cui.L a.. u .5:? ~ rJ..c co~ c o ~ U i.+= ~ ~ E ro c Q) 2 .~ ~ CO .00 LL .g ~ .S c .C Q) 0- 0 CO 0.. U :+::i ~ ~ <( m en "'Os.....!!2"'O C U .- c ro Q) ~ ro .....J0:::r-.....J cc Q) Q) E E Q) Q) > > o 0 s.... s.... 0.. 0.. E E Q) C U Q) ~ E c Q) Q) > C e ro 0.. ~,+-,E ~c~ c" Q) c" ~ ~.- E .- ~~:2 0..:2 .~ .~ ~ .~ ~ LL LL .5:? w U ss..cs~ Q) Q) :::J Q) :::J zza..za.. 0) 0) c c :2:2 :::J :::J coco . 5:? . 5:? ..c ..c :::J :::J a.. a.. ~ m '+- O)ro en C"en c(f) Q) U en c .5:? E tE ~ ro~ c ..c .0 ro s.... s.... s.... ~ s.... ro ..c ro :::J ro r- a.. :.::i a.. a.. a.. LL C c Q) 0 E ~ 0.. Q) :::J s.... 0- U W Q) 0::: ~ ~ 0) c en :2 ~ s.... ro :::J a.. CO c Q) E en cum Q) Q)..b O(f) c o ~ s.... C 0 o 0.. :~ ~ > ro o~ o ~ o N <0 o o N >- LL s.... J2 - "'0 Q) U Q) .0 s.... 0.. "'0 C ro "'0 Q) > o s.... 0.. 0.. ~ en U Q) .0 s.... 0.. a.. o "'0 c :::J LL ro s.... Q) c Q) <.9 rn en Q) "'0 :::J U C 0) 0) 0) 0) ~ o o o Q) U C Q) :::J 0- Q) en ro .g Q) Q) e c E :::J Q) ~ ~ E 0) s.... U c ~.~:O Q) 0 c "'0 c.. 2 c o :+::iXen22 .C X ~:Ql:Ql ~~:o"'O"'O Q)X os.... Q) oXs~~ -w..x'+-''+-..c ..,...o;X ,+-,'+-' -g><~@t) JXLLZ~ '+-' s.... o 0.. Q) 0::: iC w c... >- I-- I-- () W J o 0::: c... >- a:l I-- 0::: o c... w 0::: >- 0::: <( ~ ~ ::> en c... - () Exhibit 2 ~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') C Q) "c u "- C ro ro Em ~co (/) Q) u C ro .0 E :::l U C W (/) Q) .a is C Q) a. x W "'0 Q) Q) "'00') C"'O Q) :::l ~co 2 +-' C Q) Q) O')E "'0 +-' :::l (/) co"~ "'0 <( Q) 0') "'0 :::l co C o ~ "5 (/) Q) o t5 Q) "0' 0:: :t:I:: t5 Q) "0' 0:: Q) a. >. I-- t5 Q) "0' 0:: c Q) (/) E Q) t:: Q) ro I- g-5U) O:+:i ~ C 0 o a. :~ ~ 6~ (V') m ill N LO 1"-- LO LO o o o m <D I"- o cv:> <D LO 0- (V') o o o o o 0- LO 00 8 o o o o 0- LO :s o o o o o 0- o o N- m 15 15 :::l U) m u o .....J C ro ..c :s 00 I"- m """" LO m- m (V') N- l"- I"- ...t N LO LO """" Lri N m (V')- N (V') o o o o o LO- (V') l"- N- 8 o o o o LO- a ~ o o o o o 0- """" o (V')- m 15 15 :::l U) o t5 ~ o U C ro ..c :s LO LO cv:> I"- """"- """" (V') LO LO cv:> I"- """"- """" (V') LO LO cv:> I"- """"- """" (V') m 15 15 :::l U) m 2 ~ C ro ..c :s <D LO ~ """" (V') 1"-- LO I"- <D- o o o LO """" (V')- """" """" m (V') N 1"-- """" o o o ~ (V') o 00- o 00 1"-- o o o o o LO- LO """" o o ~ (V') o (V')- LO (V') 1"-- m 15 15 :::l U) m 2 ~ >. Co "'0 C o u Q) U) o o cO o m m o o o N m o 00- o o o o o 0- o ...-- o o o o o 0- o ...-- m 15 15 :::l U) (/) ~ m s Q) "'0 U5 l"- N N (V') (V') <D- o 00 M l"- I"- ...t 00 00 <D- I"- LO cv:> (V') LO """"- LO 00 LO LO o LO l"- I"-- (V') 00 (V')- (V') LO LO o LO l"- I"-- (V') 00 (V')- (V') (/) Q) ~ U) m 15 I-- o o Lri N LO LO- I"- o LO N ill o (V')- LO I"- cO <D (V') (V')- 00 o o o o o N- <D N.. o o o o o N- <D N.. m 15 15 :::l U) C o ~ "~ m C 0') U5 u tE ro ~ o o Lri N LO LO- I"- o LO N ill o (V')- LO I"- cO <D (V') (V')- 00 o o o o o N- <D N.. o o o o o N- <D N.. u tE ro ~ m 15 I-- l"- N ~ LO 00 00 00 N- (V') N o m m m- I"- <D N N o m 1"-- (V') o N- LO LO o LO I"- m- m o LO- (V') LO LO o LO I"- m- m o LO- (V') C o ~ o a. (/) C ro ~ m 15 I-- C (/) "Q t m~ u Q) 0::: 06 (/) ~ Co 0... """" 00 ...t (V') m <D N <D """" o """"- m o o ...t N o m- 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 m N N <D (V')- I"- o o o 00 o N- LO o ~ m N m- 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) 0::: 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.. m m I"- I"- ~ I ~ LO LO """"- """"- I"- I"- LO LO 0- 0- <D <D N N <D- m <D- m LO ~ N I"- m- N LO ~ N I"- m- 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) 0::: 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:::Uo zo...Wo 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'-- coooco LriooLri 0) 0 0 0) I'-- 0 0 I'-- ..- 0 0 ..- coooco 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") LOOOLO """"- 0- 0- """"- LOOOLO "",,"LOCOI'-- N- C")- <D- o o o o o 0- o 0) C")- 0000 0000 ccioocci C") 0 0 C") LOOOLO """"- 0- 0- """"- LOOOLO "",,"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... U m Q) >- LO m o I-- m o I-- co +-' a +-' en (]) -c :::J - U C -c c co ::t:I:: L- I- (]) ()..c~ wEt5 ~:::J(]) Q .: .~ o:::uc.. a... · Q2., ..c >- a U L- co co c.. (]) I- ~ !..... ,.v..ca L.L. +-' '+- QUO) a... · Q2., c a -- WL--c 0::: c.. C :::J a.....c'+- - U () co (]) en (]) -c :::J - U C +-' L- a c.. (]) 0::: ~ Exhibit 3 ~ ~~ "I- O~CD e::::--,O Za..OO ~~g:~ ZUJ. C') ~a5~~ LL>~e:::: OOUJ~ >-e::::OLL !:::~LLO U_OCl) ....J....J<( ~~ -UJ ~....J U 0) ill ~o.. o E o u 0') C 0) :~ g ro ro Ern ~OJ (/) 0) u C ro .0 E ::J U C UJ (/) 0) ~ "'0 C 0) a. >< UJ "'0 O)+-' "'0 0) C 0') 0)"'0 E ::J <(OJ ~ +-' C 0) 0) OlE "'0 +-' ::J (/) OJ"~ "'0 <( ill 0') "'0 ::J OJ C o li "5 (/) 0) o t5 0) "0' CL ~ t5 0) "0' CL 0) a. >- I- t5 0) "0' CL c 0) (/) E ill t::: 0) ro s.... g-6U) 0:0::; ~ C 0 o a. :~ ~ 6~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~oooooooooooooooooooooooooooooooooOOOOOOCD 00 0 C') 5' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C') ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ ~- N- I.{)- 0 0 0 I.{) 0 0 0 0 I.{) 0 I.{) 0 0 I.{) 0 I.{) I.{) I.{) I.{) I.{) 0 I.{) I.{) 0 0 I.{) I.{) I.{) ~ --- 0) N 0) N I'- I.{) C') N N ~ 0 N ~ N I'- CD N I'- N N I'- C') N N CD I.{) M 0 N N ~ N ~ C') ~ N ~ 0) N ~ ~ ~ ~ I.{) ~ 0) N N ~ ~ o o o 0)_ ID I'- 0 00 MO' CD 0 C') N I.{)- 0- I'- ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0 0 0 0 0 0 0 0 I.{) 0 0 0 I.{) 0 0 0 0 I.{) 0 I.{) 0 0 I.{) 0 I.{) I.{) I.{) I.{) I.{) 0 I.{) I.{)- 0- a- I.{)- I.{)- I.{)- 0) I'- 0) N 0) N I'- I.{) C') N N ~ 0 N ~ N I'- CD N I'- N N I'- C') N N CD I.{) M 0 N N ~ N ~ C') ~ N ~ 0) N ~ ~ ~ ~ I.{) ~ 0) N N ~ ~ 0 0 0 0 0 0 0 0 0 0 C') 0 0 0 0 0 0 0 0 0 0 0) 0 0 0 0 0 0 0 0 0 0 <D 0 0 0 0 0 0 0 0 0 0 N 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ I.{) I.{) I.{) I.{) I.{) 0 I.{) I.{) I.{) 0 I.{) 1'-- 0 0 0 00 C') C') I'- I'- C') 0 I.{) N N ~ N N 0) N I'- I.{)_ o o o 0) ID o I'- 00 OM o CD o I.{) I.{)- 0- ~C') 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0 0_ I.{) I.{) I.{) I.{) 0 I.{) I.{) I.{) 0 0- 0 0 0 0 00 C') C') I'- I'- C') I.{) I.{) N N ~ N N 0) N I'- 00_ ~ ~ 5' 5' 0 0 0 0 0 0 0 0 0- 0- I.{) I.{) :s :s 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0 0 0 I.{) 0 0 0 I.{) 0 0 0 0 I.{) 0 I.{) 0 0 I.{) 0 I.{) I.{) I.{) I.{) I.{) 0 I.{) I.{) 0 0 I.{) I.{) I.{) 0 I.{) I.{) I.{) I.{) 0 I.{) I.{) I.{) 0 0 0- 0) I'- 0) N 0) N I'- I.{) C') N N ~ 0 N ~ N I'- CD N I'- N N I'- C') N N CD I.{) M 0 N I.{) 0 0 0 00 C') C') I'- I'- C') I.{) 0 N ~ N ~ C') ~ N ~ 0) N ~ ~ ~ ~ I.{) ~ 0) N N ~ ~ ~ N N ~ N N 0) N I'- 0 N- ~ ~ ~ ~ ~ ro ro ro ro 0 :5::5: :5: :5: 0l:Q "'0"'0 "'0 "'OC::J ~ ~ ~ ~ "~ CI) e:::: e:::: e:::: e::::a.. (/) (/) (/) (/) (/) O)::J::J ::J ::J ::J (;) C g C s.... g >- 0) g +-' g g ~ :~ .8 ~ 2:2 (;) "~s.... ~ ro C -E. 0 ~ 0) .g Jg ~ "8 C "8 = 0) ~ ~ ~ ~ :Q E 0') = >-"S "00 s.... -g 0) :J = (;) 0 (5 g' ro 0) "C 0 C = C ~ "'0 :5: 0 ~ C 0) s.... C oro u C = = .::. +-' "~"~ 0) ~ rr 0 E 0) ~ C 0) ::J "~ "'0 :0::; > s.... =0 >-..c C ro 0) ~ 5> s.... ~ :5: (/) 0) :5: C ~"E ..c:o::; 0) 0) (/)(/)>-=>~-(/)a.cO)ro-~OlCCCCO)ro~t:::OlU~~+-'S~~s....a.o~~(/)O)t:::(/)~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~6~~~~o~~~~~~~~ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ooC')~I.{)CDoo~I.{)CDl'-ooo)ONI.{)CDl'-ooo)O~NC')~CDoo~NC')~I.{)CDl'-ooo)O~NC')l.{)l'-oo I.{)CDCDCDCDCDl'-l'-l'-l'-l'-l'-OOOOOOooooooooO)O)O)O)O)O)O)ooooooooo ~N ~NNNNNNNNNNNNNNNO 000000000000000000000000000000000000000000 I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) I.{) CD C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C')C') rn U o ....J c ro ~ ::; rn U o ....J c ro ~ ::; ~ ~~ "I- O~CD e::::--,O Za..OO ~~g:~ ZUJ I C') ~a5~~ LL>~e:::: OOUJ~ >-e::::OLL !:::~LLO U_OCl) ....J....J<( ~~ -UJ ~....J U 0) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ill 00 "t"""" ID I.!) CD 0 0 0 0 0 0 0 CD "t"""" CD 0 0 0 0 0 0 0 0 0 0 I'- 0 0 0 0 0.. N I'- 0 0 ~ E 0 u C') 0 ""'" 0 0 0 0 00 ; 0 CD 0 0 m 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 I'- C') 0 00 CD 0 0 0 0 I'- 0 0 0 m 0 0 0 0 0 0 0 0 I.!) 0 0 0 0 0 0 N Ol ~ 0 0 ~ 0 0 0 0 m M 0 <ri 0 0 0 0 0 0 0 0 0 0 ~ ~ ex) 0 0 0 0 ex) N c 0) 0 0 m 0 I.!) 0 0 0 ""'" m 0 I'- 0 0 ""'" 0 0 0 0 0 0 0 C') ""'" 0 0 0 0 0 0 C') .c u 00 I.!) CD CD_ m_ 0_ 0_ 0_ I.!) ""'"- I.!)_ ""'"- a_ 0_ 00_ 0_ 0_ 0_ 0_ 0_ 0_ 0 0_ C') I.!)- ""'"- I.!)_ a_ I.!)_ m_ C')_ .co c ""'"- C')- ""'"- m I.!) 0 0 m- 0 N 00 ""'" 0 C') I.!) 0 0 0 0 0 0- C') 1'-- I'- 00 ""'" 0 0; CD co ""'" 00 ""'" I.!) I.!) I'- ""'" 0 m I'- I'- N C') ""'" m 0 0 I'- 0 00 N 0 ""'" I.!) 0 0 m N CD 0 E ro "t"""" N 00 "t"""" I'- C') N ""'" I.!) CD I.!) C')_ 00 00 0 ""'" 0_ I.!) "t""""_ I'- "t"""" N N N N 0_ 00_ 0) OJ N- N- "t"""" C')- N- CD- ~ e:::: (/) I'- I'- 0 0 I'- 0) I'- I'- 0 0 I'- U ~ ~ 0 0 ~ c co N N I.!) I.!) 00 .0 I.!)- I.!)- ""'" ""'" 00 E "t"""" "t"""" C')- C')- CD- ::J "t"""" "t"""" I'- U C UJ I'- 0 N CD 0 I.!) I.!) I.!) m 0 ""'" 0 ""'" 0 0 (/) CD 0 ""'" C') 0 ""'" I.!) I.!) 0 I.!) 0 00 0 ""'" 0 0 I.!) 0) Lri 0 ~ Lri 0 Lri M M m <ri 0 M 0 m N N M ~ m 0 00 m I.!) N ~ ~ I.!) I.!) 0 N 0 C') m m C') I.!)- 1'-- C') o_ m 0_ I.!) I.!)- o_ N 0 0 I.!) "'0 I.!) 00 00- 0 C')- ""'"- ""'"- CD- CD 1'-- N CD 1'-- 00- 00- ""'"- c I.!) I.!) I.!) I.!) N ""'" ""'" 0 N N CD ""'" I.!) 0) C') C') C') m 0_ 00_ a. >< UJ 0 0 0 0 0 0 0 0 0 I.!) I.!) 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I.!) 0 0 0 0 0 0 0 0 0 I.!) I.!) 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I.!) "'0 0 0 0 0 0 0 0 0 0 M M m 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I.!) 0 0 0 0 0 ""'" 0 0 0 0 0 0 0 C') C') 0 0 0 0 0 0 I.!) 0) ill 0_ 0_ 0_ 0_ 0_ 0 0_ 0 0_ I'- I'- "t""""_ 0_ 0_ 0_ 0_ 0_ 00_ 0_ 0_ 0_ 0_ 0_ 0 0 0_ 0 CD ""'" I.!) 0 I.!)- 0_ I'- "'0 C Ol 0 I.!) I.!) 0 0 I.!)- 0 0- I.!) ""'"- ""'"- CD 0 0 0 0 0 C') I.!) 0 0 0 0 0- 0- C') 00- I.!)- 00- ""'"- a- 0 1'-- 0) "'0 0 00 "t"""" N 0; I'- ""'" 0 C') ""'" ""'" 0 0 0 I.!) 0 ""'" m 0 0 I'- 0 00 N 0 ""'" 0 "t"""" 0 m N CD 0 C') E ::J N N "t"""" "t"""" I'- I'- C') C') m C') I.!) I.!) N.. CD I.!) C')_ 00 00 0 ""'" 0_ I.!) "t""""_ 00_ "t"""" N N N N "t""""_ 00 <( OJ N- N- C')- N- I'- C')- C') (/) 0 5' 5' 0 0 0 0 0 0 0 c 0 0 0 0 0 ~~ 0 0 0 0 0 0 0 0 0_ 0_ "'0 +-' I.!)- a- I.!)- I.!) I.!) ::J (/) OJ.~ CD I'- 0 I.!) I.!) "'0 ~ ~ ""'" ""'" <( 0 0 0 0 0 0 0 0 0 0 I.!) I.!) 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I.!) 0 0 0 0 0 0 0 0 0 0 I.!) I.!) 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I.!) 0 0 0 0 0 0 0 0 0 0 M M m 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 ill 0 0 0 0 0 0 0 0 0 0 ~ ~ I.!) 0 0 0 0 0 ""'" 0 0 0 0 0 0 0 C') C') 0 0 0 0 0 0 I.!) 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0 "t""""_ 0_ 0_ 0_ 0_ 0_ 00_ 0_ 0_ 0_ 0_ 0_ 0 0 0 0 CD_ ""'"- I.!)_ a_ I.!)_ 0 I'- Ol 0 I.!) I.!) 0 0 I.!) I.!) 0 0 0- ""'"- ""'"- CD 0 0 0 0 0 C') 0 0 0 0 0 0- 0- C')- C')- I.!) 00 ""'" 0 a- I'-- "'0 0 00 "t"""" N 0; I'- I'- I'- 0 ""'" ""'" ""'" 0 0 0 I.!) 0 ""'" m I.!) 0 I'- 0 00 N 0 ""'" I.!) "t"""" 0 m N CD 0 C') ::J N N "t"""" "t"""" CD C') "t"""" 0 C') C') m C') I.!) I.!) N.. CD I.!) 00 00 00 0 ""'" 0_ I.!) "t""""_ C')_ "t"""" N N N N "t""""_ 00 OJ C')- N- C')- N- I'- C')- C') c o li .5 (/) 0) o t5 0) .0' CL I'- I'- C') CI) ::J C a.. @ 0) :s 0 K b ~ ~ ~ .~ ~ "'0 ~ 8 a; ~ @Co~ c~g> 0 ~ CI) ~ ~ .~ uj.c a.. ~ 0) "'0 (/) ::::::: ::J co 0) 0) I ~ <( +-' e:::: ~~Ct6....J~~~5a......J~a.. ooe::::o....JcsOJoco>:s~s<( -g -g := >- 6 m ~ .~ ~ ~ :::: UJ ~ t uj ..Q..Q -5.. -g ~ en 0 2 "t"""" -0 C') ~ ~ 8.~ 88~c55~~~t6~~~8~~2B ro 15 I- 0.._ <( co uj:8 I ..c 0) ::J ~CI) ~ (/) 0) e:::: ci 0) Ol co UJ ro 15 :E ::J CI) ro 15 :E ::J CI) ro 15 (/) (/) (/) (/) (/) :E c c c C C ::J .Q .Q .Q .Q .Q CI) :ffi:ffi:ffi:ffi:ffi rororororo en en en en en EEEEE ~~~~~ rororororo s s s s s 0) 0) 0) 0) 0) "'0 "'0 "'0 "'0 "'0 U5U5U5U5U5 -ci e:::: ~ 0) ~~ ~ 0) ~ >-': -g ~ g,-g e6E"*~~Z:s2J2 ill ro ~ m .E .Q>:Q g ~ ~~CI)I-OJIO~O ><><><><><><><><>< ><><><><><><><><>< ><><><><><><><><>< I'-CDI'-OO"","ONN""," I.!)"",""",""","I.!)NI'-I'-"t"""" N N 000000000 I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) C')C')C')C')C')C')C')C')C') (/) ill ~ U5 >< >< >< CD N o I.!) C') ~~~~~~~~~~~~~~~ ><><><><><><><><><><><><><><>< Nl.!)mOC')NO"",""t"""""","l.!)mooom C')"",""","I.!)I.!)CDI'-I'-oooommo"t"""" N N N 000000000000000 I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) I.!) C')C')C')C')C')C')C')C')C')C')C')C')C')C')C') ><><><><>< ><><><><>< ><><><><>< C') m C') I'- CD I.!) CD 00 m o N 00000 I.!) I.!) I.!) I.!) I.!) C') C') C') C') C') ~ t5 0) .0' CL 0) a. >- I- t5 0 .~~ CL~ u C co ..c ::; ro 2 ~ ~ co "'0 C o u 0) CI) ro 2 ~ ~ co "'0 C o u 0) CI) o t5 ~ o u C co ..c ::; roro 22 ~~ C C co co ..c ..c ::;::; (/) ~ ro s 0) "'0 U5 (/) ~ ro s 0) "'0 U5 c 0) .s Co a. 0) o C o .00 .> (5 ~ ~~ "I-- O~CD e::::--,O Za..OO ~~g:~ ZUJ I ('I') ~a5~~ LL>~e:::: OOUJ~ >-e::::OLL !:::~LLO U_OC/) ....J....J<( ~~ -UJ ~....J U 0) ill ~o.. E o u 0') C 0) :~ g ro ro Ero ~OJ "'0 O)+-' "'0 0) C 0') 0)"'0 E :J <(OJ ~ +-' C 0) 0) OlE "'0 +-' :J (fJ OJ"~ "'0 <( ~~~~~ moooo o o o LO N I.!) I.!)- ('I') N 0000 0000 OOOLO 000 N 0001.!) 0- 0- 0- I.!)- I'- 00 m I'- NNNO_ (fJ 0) u C ro .0 E :J U C UJ I.!) N <D o ('1')- (fJ 0) ~ "'0 C 0) a. >< UJ I.!) 0 I'- 0 cOo CD 0 ('I') 0 N- ~- 000000 000000 000000 000000 000000 0- N- 0- 0- 0- N- CD CD I'- 00 m CD N"{""""NNN~ ill 0') "'0 :J OJ 000000 000000 000000 000000 000000 0- N- 0- 0- 0- N- CD CD I'- 00 m CD N"{""""NNN~ C o li "5 (fJ 0) o t5 0) "0' CL C :2 6 u:.o::; 6~~~ :.0::; 0) I.... 0 ~a..~E~:g 2<(~~~C/) ~ujE~~ Ol~~ g>~ ~ "Q ~ 8 ~ ~~~~~ oroooo ~ "~ ~ ~ ~ uC/)uuu C o U ~ t5 0) "0' CL xxxxx xxxxx xxxxx NI'-('I')"","I.!) 00 CD 00 00 00 o 000 00000 CD I.!) CD CD CD ('I') ('I') ('I') ('I') ('I') 0) a. >- I-- t5 0) "0' CL C o ~ "~ ro C 0') U5 c 0) u E:E I.... ro ro I.... 0..1-- 0) o C o "00 "> (5 I.!) N <D o ('1')- I.!) I'- cO CD ('I') ('1')- 00 C o ~ "~ ro C 0') U5 o o LO N I.!) I.!)- I'- 0_ I.!) N <D o ('1')- I.!) I'- cO CD ('I') ('1')- 00 o o o o o N- CD ~ o o o o o N- CD ~ u ~ ~ ro 15 I-- I'- N r....: I.!) 00_ 00 00 N- ('I') N ~ m m m- I'- CD N N o m 1'-- ('I') o N- I.!) I.!) o I.!) I'- m- m o I.!)- ('I') I.!) I.!) o I.!) 1'-- m m o I.!)- ('I') C o ~ o a. (fJ C ro ~ ro 15 I-- C (fJ "Q ~ m~ u 0) e:::: ~ (fJ ~ (ij a.. ~~ ~o ('I') "","0""," 00000 cO<D~ I'- I.!) ('I') ('I') I.!) m N- m- - I'- 00 CD N CD ~ ; o ""'"- m 000 000 o~~ OO"","N I.!)"","O 00- m- 000 000 000 000 000 I.!)- 0- I.!)- I'- m CD N ('I') 000 000 000 000 000 I.!)- 0- I.!)- I'- m CD N ('I') c 0) Et o..:J "S 0 C-Uro ~E15 O):J15 ~~~ u~ u (ij sa.. U 0) m 0 - 0 ~~ C"'O o 0) > I.... <(LL xx xx xx I.!) I'- CD CD 00 00 00 ""'"""'" (fJ c 0) E 0) > o 0.. E ~ (ij a.. u "00 ro OJ ~~~~ 0000 00000 00000 00000 00000 00000 0- I.!)- 0- I.!)- 0- o I'- I.!) N I.!) CD_ ('I') I.!) ('I') 00 N- CD ~ ; o ""'"- m 00000 00000 00000 00000 00000 0- I.!)- 0- I.!)- 0- o I'- I.!) N I.!) CD_ ('I') I.!) ('I') 00 N- 00000 00000 00000 00000 00000 0- I.!)- 0- I.!)- 0- o I'- I.!) N I.!) CD_ ('I') I.!) ('I') 00 N- (fJ c 0) (fJ E (fJ C 0) C 0 6 "Q "~ o..~~ E ~ C - C 0 ~~~~ ~E~:g ~g~C/) ~ ~ ~ ~~~~ Q)~~O) u:(ij(ij~ I.... a.. a......J 8~-t5:E ~Jj~~ xxxx xxxx xxxx ('I') I.!) m 0 I'- I'- I'- 00 0000 0000 0000 ""'"""'"""'"""'" (fJ c 0) E 0) > o 0.. E ~ (ij a.. u "00 ro OJ (fJ "'0 Q) u: u ~ :c ~ ~~ 00 000 000 000 000 000 0- 0- 0- o I.!) I.!) "",""{""""I.!) ""'"- ""'"- 000 000 000 000 000 0- 0- 0- o I.!) I.!) "",""{""""I.!) ""'"- ""'"- 000 000 000 000 000 0- 0- 0- o I.!) I.!) "",""{""""I.!) ""'"- ""'"- 0) o o c~ ~~ (fJ I.... "S LL _ ff g> jg <(~.8 "'01......0 C ro :J roa..C/) ....Jc ~ 0 (ij:E a.. "~ :J 0) c- "'0 U ~~ >-c :=: ro U....J xx xx xx N CD I'- I'- 00 00 00 ""'"""'" (fJ "'0 Q) u: u ~ :c ~ C o :.0::; "00 "S c- u <( "'0 C ro ....J ~ m I.!) I.!) m m NN N N CD CD ('1')- ('1')- I'- I'- 00 00 00 00 00 00 N- N- I.!) I.!) 00 r....:r....: m m N N m- m- 00 00 00 00 00 I.!)- I.!)- 00 00 00 00 00 00 00 I.!)- I.!)- 00 00 >- ro 0.._ C/) ro m15 :Q15 ~~ o o a.. 03 c 0) u u "> U x x x CD CD o o o ""'" C o :.0::; "00 "S c- u <( "'0 C ro ....J (fJ 0) ~ "0 ro LL u ~ :J c- <( ~ o 00 00 00 00 00 0- 0- I.!) I.!) NN 00 00 00 00 00 0- 0- I.!) I.!) N N 00 00 00 00 00 0- 0- I.!) I.!) N N ro 0315 c15 0) :J UC/) (fJ "c C 0) I-- "'0 Q) ~ o " x x X N 00 o o o ""'" (fJ 0) ~ "0 ro LL u ~ :J c- <( (fJ 0) ~ "0 ro LL C o ~ 0) u 0) e:::: ~~~~ mooo 00000 00000 00000 00000 CDOOOCD 00- 0- 0- 0- 00- I'- 0 m 0 CD "{""""('I')"{""""CD~ o o o o ""'"- o o o o ""'"- 00000 00000 00000 00000 00000 0- 0- 0- 0- o- mom 0 00 "{""""('I')"{""""CD~ 00000 00000 00000 00000 00000 0- 0- 0- 0- o- mom 0 00 "{""""('I')"{""""CD~ C o U 03 O)O)+-' .g2~ ~8~ _ ~ 0') "~ I--~ ~ ro I-- I.... +-' 0)~6~~ ~e::::~~~ m~~~ ~~u~ a....o~O) ~&~~ ~ ~ "~ <2 ~ "~ ~ ~ <(a..ou xxxx xxxx xxxx ""'""{""""""'"oo CD I'- I'- I'- 0000 0000 0000 ""'"""'"""'"""'" (fJ 0) ~ "0 ro LL C o ~ 0) u 0) e:::: (fJ 0) 0') "'0 ~ ~ .!!2 "m ~ (fJ 0) 0') "'0 ~ ~ .!!2 "m ~ ~ ~~ "I- o~CD 0:::--'0 Za..OO ~~g:~ ZUJ I ('I') ~a5~~ LL>~O::: OOUJ~ >-O:::OLL !:::~LLO U_OCl) ....J....J<( ~~ -UJ ~....J U 0) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ill 0 0 0 0 CD 0 0 0 0; 0 0 0 0 0 ~ 0.. E 0 u 0 0 0 0 0 m m m m m 0 0 0 0 0 0 0 f'-... 0 f'-... 0 0 0 0 0 0 f'-... 0 0 0 0 0 f'-... f'-... f'-... f'-... f'-... 0 0 0 0 0 0 0 00 0 00 0 0 0 0 0 0 00 Ol 0 0 0 0 0 ~ ~ N N N 0 0 0 0 0 0 0 Lri 0 Lri 0 0 0 0 0 0 Lri C 0) 0 0 0 0 0 LO LO CD CD CD 0 0 0 0 0 0 0 m 0 m 0 0 0 0 0 0 m "c u 0_ 0_ 0_ 0_ O_ m m m 0_ 0_ 0_ 0_ 0_ 0_ O_ f'-..._ O_ f'-..._ 0_ 0_ 0_ 0_ 0_ O_ f'-..._ "co C 0 0 0 0 0 ""'"- ""'"- ('I')- ('1')- ('1')- LO LO 0 0 0 0 0 00 0 00 0 0 0 0 0 0 00 ro m LO 00 0 N f'-... f'-... CD CD CD m 0 0 0 0 0 0 0 0 0 0 0 0 0 E ro N "t"""" f'-... N.. LO LO m_ m_ m_ LO ('1')_ m_ m_ m m m ('I') N LO_ LO LO LO LO 00 00 00 0) OJ 0- 0- ('1')- ('1')- ('1')- 00- 00 N- ('1')- N- o::: (/) CD CD 0 0 0 N N N 0) ~ ~ 0 0 0 LO LO LO U Lri Lri Lri ~ ~ ~ C N N ro N N N m m m .0 m_ m_ m_ f'-... f'-... f'-... CD- CD- CD CD CD LO- LO- LO- E m m N N N ""'" ""'" ""'" ::J LO LO LO U ('1')- ('1')- ('1')- C UJ LO LO N N N (/) ~ ~ CD CD CD 0) N N N N N ~ ~ ~ ~ "t"""" "t"""" "t"""" ""'" ""'" ""'" f'-..._ f'-..._ "t"""" "t"""" "t"""" m m m "'0 m m m m m CD- CD- CD- C N N N N N 0) ('I') ('I') ('I') a. >< UJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "'0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cri 0 cri 0 0 0 0 0 0 cri 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ('I') 0 ('I') 0 0 0 0 0 0 ('I') 0) ill 0_ 0_ 0_ 0 0_ 0 0 0 0 0 0 0_ 0 0 0 0 0 LO 0 LO 0 0 0 0 0 0 LO "'0 C Ol 0 0 0 0- 0 0- 0- 0- 0- 0- LO- LO 0- 0- 0- 0- 0- ""'"- a- ""'"- a- 0- 0- 0- 0- 0- ""'"- 0) "'0 m LO 00 0 N 0 0 0 0 0 m 0 0 0 0 0 0 LO 0 LO 0 0 0 0 0 0 LO E ::J N "t"""" f'-... N.. f'-... f'-... LO ('1')_ m_ m_ m m m N N ""'" LO LO LO LO 00 00 f'-... <( OJ 0- O- N N N ('1')- ('1')- ('1')- ""'"- 00- N- N- ('1')- CD- (/) C ~~ "'0 +-' ::J (/) OJ"~ "'0 <( 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cri 0 cri 0 0 0 0 0 0 cri ill 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ('I') 0 ('I') 0 0 0 0 0 0 ('I') 0_ 0_ 0_ 0_ 0 0_ 0_ 0 0 0 0_ 0 0 0 0 0 0 LO_ a_ LO_ a_ 0_ 0_ 0_ 0_ 0 LO Ol 0 0 0 0 0- 0 0 0- 0- 0- LO LO- a- 0- 0- 0- 0- ""'" 0 ""'" 0 0 0 0 0 0- ""'"- "'0 m LO 00 0 N 0 0 0 0 0 m 0 0 0 0 0 0 LO 0 LO 0 0 0 0 0 0 LO ::J N "t"""" f'-... N.. f'-... f'-... "t""""_ "t""""_ "t""""_ LO ('1')_ m_ m_ m m m_ N N ""'" LO LO LO LO 00 00 f'-... OJ 0- O- N N N ('1')- ('1')- ('I') ""'"- 00- N- N- ('1')- CD- C o li "5 (/) 0) o t5 0) "0' CL ~ t5 0) "0' CL C 0 ~ 0) u ij:: a. :s >- I- ro t5 0) OJ 0) 06 "0' CL 0) a. ro u (/) "'0 C ro ....J C 0) .s Co a. 0) 0 C 0 "00 "> (5 0)..- 6 ~ "~ ~ LLO 6~-g:5ro CroOC15 ~g~s:g ~~Q~CI) ~o~~ ~o6ill.g u ~ E "E ~~~8 I LL >- >-~O..::. o~Qtij (/) ~ Co a.. C o ~ 0) u 0) 0::: 06 (/) ~ Co a.. C o "00 C ro ~:rg UJ 0 >-15 s.... ::J ~CI) ..c :.::i ..c u C ro Co ..c -S o CI) ro 15 I- ro 15 I- XXXX XXXX XXXX o f'-... "t"""" ('I') f'-... f'-... 00 00 0000 0000 0000 ""'"""'"""'"""'" x X X LO m o o o C o ~ u ij:: :s ro 0) OJ 06 0) a. ro u (/) "'0 C ro ....J c c 0) 0) E E 0) 0) > > o 0 0.. 0.. E E Ol Ol C C ~ ~ "S "S OJ OJ "~ "~ ::c ::c ::J ::J a.. a.. c ~ ~ "9- .0 &:.::i UJ 06 Ol C ~ "S OJ ~ ro .0 :.::i (/) c ~6jg ~ "00 ~ K~~ E~ m m cc 0) 0) UU C C "c "c 0) 0) CI)CI) ~ ~ "~ro ro ~ ro LL15 15c B g 15 15 <( ..c :~ ~ :2 ~ ~ "~ c ~ >- ~ jg ro g"S ill f'-...1- CI) O:::UJO ro ~ ~ "~ ~ "~"~ ~ ~~ ~ ~~~ :g U5 "~ ~ "~~ ~ a.. o)::c 0.. ::c 0.. 0.. ~~ ~ ~~~ ro 15 15 ::J 6(1) ~ U5 ro "'0 o ~ Ol C "c C ro a:: (/) ~ Co a.. :.0::; "S ~ ro 15 I- ro 15 I- ro 15 I- ro 15 I- xx XX XX "t"""" f'-... 00 00 00 X X X N o o o XX XX XX CD LO m 0 o 00 00 X X X ('I') o o o XXX XXX XXX 00 0 "t"""" o "t"""" "t"""" 000 000 ccc 0) 0) 0) E E E 0) 0) 0) > > > 000 0..0..0.. EEE Ol Ol Ol C C C ~~~ "S"S "S OJ OJ OJ "~"~ "~ ::C::C::C ::J ::J ::J a.. a.. a.. ~~ "0 "0 ro ro LL LL S S 0) 0) ZZ 0) 0) u u C C ro ro C C 0) 0) cc "co "co ~~+-'+-'+-'+-' gg~~~~ ~~~~~KKKK ~ ~ ~ ~ ~ "~"~"~"~ LLLLLLuuUJUJUJUJ S S S ~ ~ s s s s 0) 0) 0) ::J ::J 0) 0) 0) 0) ZZZa..a..ZZZZ (/) ~ Co a.. Ol C "c C ro a:: >- 2 ro CI) "~ ::c ::J a.. ~ ~~ "I- O~CD e::::--,O Za..OO ~~g:~ ZUJ I('/') ~a5~~ LL>~e:::: OOUJ~ >-e::::OLL !:::~LLO U_OCl) ....J....J<( ~~ -UJ ~....J U 0) ~~ ill 00 ~~ o U ~~~~ 0000 0') C 0) :~ g ro ro Ern ~OJ 000000000 000000000 000000000 000000000 000000000 0- 0- 0- 0- 0- 0- 0- 0- 0- OOOOL!)OL!)OO L!)OL!)"","OOCD CD L!)- L!)- - C\l- - L!)- 0- (/) 0) u C ro .0 E ::J U C UJ (/) 0) ~ "'0 C 0) a. >< UJ "'0 O)+-' "'0 0) C 0') 0)"'0 E ::J <(OJ 000000000 000000000 000000000 000000000 000000000 0- 0- 0- 0- 0- 0- 0- 0- 0- OOOOL!)OL!)OO L!)OL!)"","OOCD CD L!)- L!)- - C\l- - L!)- 0- ~ +-' C 0) 0) OlE "'0 +-' ::J (/) OJ"~ "'0 <( ill 0') "'0 ::J OJ 000000000 000000000 000000000 000000000 000000000 0- 0- 0- 0- 0- 0- 0- 0- 0- OOOOL!)OL!)OO L!)OL!)"","OOCD CD L!)- L!)- - C\l- - L!)- 0- C o li "5 (/) 0) o t5 0) "0' CL E E ~ ro ~ E 0, 6~~g>~~ -roa..1)CLec >C::J+-'a..O) gO)CI)~cE 0) E E 0) 0) e::::~ ~~lQ ~e rouo.. UJ E ~~~ ~ = e:::: ~ g> I jg U '+- "C s..... ~ "~ ~ 8 8 :5 uu Ie::::u::O ~ t5 0) "0' CL xx xx xx (J) C\l o ~ 00 00 xxxx xxxx xxxx "","CDC\l(,/,) o 0 ~ ~ 0000 0000 0) a. >- I- t5 0) "0' CL ~~~gggg~ E E E ro ro ro ro ~ 0) 0) 0) C C C C C > > > 0) 0) 0) 0) 0) eeeccccc ~~~~~~~~ 0')0')0')0')0')0')0')0') C C C C C C C C ~~~~~~~~ "S "S "S "S "S "S "S "S OJ OJ OJ OJ OJ OJ OJ OJ "~ "~ "~ "~ "~ "~ "~ "~ :C:C:C:C:C:C:C:C ::J ::J ::J ::J ::J ::J ::J ::J a.. a.. a.. a.. a.. a.. a.. a.. c (/) 0) 0) E:E ro13 o..ro o)LL o C o "00 "> (5 rn 15 1) ::J CI) (/) 0) ~ "0 ro LL rn 15 I- CD CD 00 L!) 1'-- L!) ""'" ~ ~ C\l I'- M I'- 1'-- o I'- ""'"- I'- C\l 0 L!) I'- N ~ C\l ('/') I'- 00 C\l- 00- I'- ""'" CD (J) ('/')- ('/')- C\l ('/') 00 cD 0 L!) 00 o CD CD- ('/')- ('/') 0 ('/') ""'" C\l- o o 00 ('/') L!) ""'"- L!) C\l L!)- ('/') L!) L!) 00 00 C\l ""'"- L!) 0_ 00 o o 00 ('/') L!) ""'"- L!) C\l L!)- ('/') L!) L!) 00 00 C\l ""'"- L!) 0_ 00 c 0) E a. "S 0- UJ ~ 0') C ~ "S OJ a.. U ro 0) >- L!) rn 15 I- rn 15 I- ~ Q) U L- ::::J a en 0) c .- -c c ::::J '+- -c ::t:I:: c (() co a Q) a. --, ~ >- '+-' '+-' (() u I- Q) .~ 0:: a L- a a. a... ~ W ..c 0:: en '+-' a... u - Q) () .~ a L- a. - - co en '+-' en '+-' L- a a. Q) 0:: ~ Exhibit 4 Q.) a3 ?f2. a. E 0 u 0) c Q.) "c (j "m c rn E ro Q.) III 0::: U'J Q.) (j c rn .0 E :::::l (j C W U'J ~ .3 :0 c Q.) c.. >< W "'C Q.) a3 "'C 0) C Q.) "'C :::::l E III <( U'J a3 C Q.) 0) E "'C U5 :::::l III :::::l :0 ~ <( <( 0::: <.9=1:1:: ~1Il<D zo...Q8 a3 o I- I C'\I 0) ~dj~g- "'C :::::l W~~--1 III OWWa: LL>Oo... OOLL<( >-O:::OLL apo8 !:::~--10 u-wU) ~~<( 1---1 0:: <( u c 0 li "5 U'J Q.) 0 13 Q.) "a a: =1:1:: ..c o ~ Q.) c.. >. I- 13 Q.) "a a: c Q.) U'J E a3 t:: Q.) rn !.... ~5U3 o~ t:: c 0 o c.. :~ ~ > rn o~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~O~OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOID co 0 M 0) cri M <D .q-- 5' o ci ...... 0000000000000000 0000000000000000 cicicicicicicicicicicicicicicici 0000000000000000 0000000000000000 0- 0- L!)- 0- 0- 0- 0- L!)- 0- L!)- 0- 0- L!)- 0- L!)- L!)- O)C'\II'-L!)MC'\I.......q-OC'\l......C'\II'-<D......1'- ......C'\I.q-M......C'\IC'\I.q-o)C'\I.......q- C'\I o o ci o o L!)- 0) o o ci o o 0- C'\I C'\I ~ 00000000000 00000000000 cicicicicicicicicicici 00000000000 00000000000 L!)- L!)- L!)- 0- L!)- L!)- 0- 0- L!)- L!)- L!)- C'\IC'\II'-MC'\IC'\I<DL!)......OC'\l .q-.q-L!).q-O)C'\I C'\IM............ OOOOOOOOOOM 00000000000) cicicicicicicicicicicri OOOOOOOOOOC'\l OOOOOOOOOOL!) L!)- L!)- L!)- L!)- 0- L!)- L!)- L!)- 0- L!)- 1'-- OOOCOMMI'-I'-MOL!) C'\I C'\I...... C'\I C'\I 0) C'\I I'- L!)_ ~ 0 0 0 0 ci ci m_ m_ m m I'- 0 0 I'- 0 0 0 0 M ci ci M <D 0 0 <D M C'\I 0 L!) L!)- 0- L!)- 0- I'- .q- ~ o 0 0 0 o 0 0 0 ci ci ci ci o 0 0 0 o 0 0 0 0- 0- L!)- 0- 0) I'- 0) C'\I C'\I 0000000000000000 0000000000000000 cicicicicicicicicicicicicicicici 0000000000000000 0000000000000000 0- 0- L!)- 0- 0- 0- 0- L!)- 0- L!)- 0- 0- L!)- 0- L!)- L!)- O)C'\II'-L!)MC'\I.......q-OC'\l......C'\II'-<D......1'- ......C'\I.q-M......C'\IC'\I.q-o)C'\I.......q- C'\I 00000000000 00000000000 cicicicicicicicicicici 00000000000 00000000000 L!)- L!)- L!)- 0- L!)- L!)- 0- 0- L!)- L!)- L!)- C'\IC'\II'-MC'\IC'\I<DL!)......OC'\l .q-.q-L!).q-O)C'\I C'\IM............ 00000000000 00000000000 cicicicicicicicicicici 00000000000 00000000000 L!)- L!)- L!)- L!)- 0- L!)- L!)- L!)- 0- 0- 0- OOOCOMMI'-I'-ML!)L!) C'\I C'\I...... C'\I C'\I 0) C'\I I'- co_ ~ 0 5' 0 5' 5' 0 5' 0 5' 0 5' 5' 0 0 0 0 0 0 0 0 0 0 0 0 ci ci ci ci ci ci ci ci ci ci ci ci 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0- 0- 0- 0- 0- 0- 0- 0- L!)- L!)- 0- 0- 0) ~~ I'- C'\I C'\I 0) 0) C'\I C'\I L!) L!) ~ C'\I :s ...... ~ .q- :s :s o 000 0 o 000 0 ci cicici ci o 000 0 o 000 0 0- 0- L!)- 0- 0- 0) I'-O)C'\I 0) C'\I 0000000000000000 0000000000000000 cicicicicicicicicicicicicicicici 0000000000000000 0000000000000000 0- L!)- 0- 0- 0- 0- L!)- 0- L!)- 0- 0- L!)- 0- L!)- L!)- L!)- C'\II'-L!)MC'\I.......q-OC'\l......C'\II'-<D......I'-C'\I C'\I.q-M......C'\IC'\I.q-o)C'\I.......q- C'\I.q- C'\I M 0000000000000000000000 0000000000000000000000 cicicicicicicicicicicicicicicicicicicicicici 0000000000000000000000 0000000000000000000000 ~~o~~oo~~~o~~~~o~~~ooo C'\II'-MC'\IC'\I<DL!)......OC'\lL!)OOOCOMMI'-I'-ML!)O .q-L!).q-O)C'\I C'\IM..................C'\IC'\I...... C'\IC'\I O)C'\II'-O C'\I- .q- <D ~ ~ ~ ~ ~ rn rn rn rn 0 3: 3: 3: 3: 0)1) "'C"'C "'C "'C "!: :::::l ~ ~ ~ ~ ~ U) 0::: 0::: 0::: 0:::0... U'J U'J U'J U'J U'J ~ ~ c c g c!.... g >. Q.) g"'C +- g g .g, .g,:~:~ .s, .s, ~ ~ ~ ~ ~ !.... +- ~ 2 c :9- g, ~ Q.) Q.) :Q :m ~ 8 c -g ~ !.... Q.) ~ ~ ~ ~ E E .s .s c c U'J U'J Q) ~ :::::l U'J :::::l C ~ :::::l Q) U'J g 0 "~ > !.... ..92 ..92 >. !.... g C Q) E 3: "E ~ ~ ..c C ~ Q.) "!: 0 (j "!: Q) Q) U'J U'J U'J U'J >. == == "S; "S; ~ ~ g- 8. ~ ~ rn .f: ~ ~"c -g C C Q.) -g -g Q.) € 0) ~ ~ ~ 2 .e 32 ~ ~ ~ ~ ~ ~ ~ Q.) € U5 ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~8~~~~u~~~S~~~~ 1'-......1'-..................O......O.......q-.q-.q-.q-.q-.q-.q-.q-I'-I'-I'-I'-I'-I'-I'-OI'-I'-I'-I'-I'-OOOOOOOOOOOOOOOCO .q-L!).q-L!)L!)L!)<DL!)<DL!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)<DL!)L!)L!)L!)L!)<D<D<D<D<D<D<D<D<D<D<D<D<D<D<D.q- .q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q-.q- COCOMM.q-L!)L!)<D<DCO......L!)<DI'-COO)OC'\lL!)<DI'-COO)O............C'\IM.q-<DCO......C'\IM.q-L!)<DI'-COO)O......C'\IML!)I'-CO L!)L!)<D<D<D<D<D<D<D<Dl'-l'-l'-l'-l'-l'-COCOCOCOCOCOCOO)O)O)O)O)O)O)O)OOOOOOOOO....................................C'\I ..........................................................................................................................................................................................C'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IC'\IO 00000000000000000000000000000000000000000000000 L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)L!)<D MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM ro (j o --I C rn ..c :s ro (j o --I C rn ..c :s ~ <( a: <.9=1:1:: ~c:lID zo...Q8 o I- I C'\I ~dj~g- W~~--1 owwa: LL>Oo... OOLL<( >-a:OLL !:::~--10 U-WU) ~~<( 1---1 0:: <( u Q.) a3 ?F. ~ o U Ol C Q.) .c (j .m ~ E ro ~ c:l U'J Q.) (j c ctl .0 E :::::l (j C W U'J ~ .3 :0 c Q.) c.. >< W "'C Q.) a3 "'C Ol C "'C Q.) :::::l ~ c:l U'J C a3 Q.) Ol E -g U5 c:l :a- <( a3 Ol "'C :::::l c:l apo8 c o li .5 U'J Q.) o 13 Q.) .0' a: =1:1:: ..c o ~ Q.) c.. >. I- 13 0 .~ 13 ~~ u c ctl ..c :s c Q.) .5 rn c.. Q.) o c o .U5 .5 (5 ?F.?F.?F.?F.?F.?F.?F.?F.?F.?F.?F. eoIDOO......I..{)IDOOOO C'\I ID t- M 0 M 0 --to 00 eo I..{) -.;t- M- -.;tC'\l o -.;tooo OeoIDOOO oo--tooo omol..{)oo OIDIDmoo 0- -.;t- - m- I..{)- 0- ID-.;t I..{) I..{) t--.;t C'\I eo ...... t- t- t- --t C'\I I..{)_ ~ t- 0 ID 0 LOa m 0 I..{) I..{)- - I..{) C'\I ID 0 -.;tMO --tLOO eo m I..{) t- M 0 eo- eo- 0- I..{) I..{) I..{) 00 00 00 00 00 0- I..{)- o C'\I C'\I 000000 000000 000000 000000 000000 0- I..{)- 0- 0- I..{)- 0- ID..................t--.;t C'\I ...... C'\I m ...... t- 000 000 000 000 000 0- 0- 0- t-mID 0'-"C'\I 000 000 000 000 000 0- I..{)- 0- om m C'\I ...... 00000000 00000000 00000000 00000000 00000000 I..{)- 0- 0- I..{)- I..{)- 0- 0- 0- ..................t-t-t-o-.;t ......C'\Im......IDM......O M- -c a: ~ "'C '- Q.) ~~ :g Q.) Q.) Q.) :g >. ~ -g ~ g,-g g.Q.Q.Q:s~~~z~~ ~~~~~~~f6~8 t-t-...... 0 t-t-t-......-.;t-.;t 0 -.;t-.;tI..{)ID-.;t-.;t-.;tI..{)I..{)I..{)ID -.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t t-IDIDIDt-eo-.;tOC'\lM-.;t 1..{)-.;t-.;t-.;t-.;t-.;tI..{)C'\It-t-...... ..........................................C'\I............C'\I 00000000000 I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{) MMMMMMMMMMM 00 0 00 0 00 0 00 0 00 0 I..{)- 0- I..{)- IDt- 0 ~ ~ I..{) I..{) o eo o t- om o-.;t o I..{) 0- m- om ...... M_ C'\I t- t- --t C'\I I..{)_ ~ I..{) -.;t LO C'\I m M- C'\I M 00 00 00 00 00 0- I..{)- OM ...... t-_ C'\I ro a :E :::::l U) o 13 ..9:2 "0 u c ctl ..c :s ~ o o ~~~~~~~~~~~~~~~~~ oOIDIDoIDOOOOOOOOOOO 0...... ......OIDooomoooOOOOOOID -.;to ooomoooooooool..{) Momoooooooooooo~~ mot-ooo-.;tOOOOOOOOM-.;t -.;t1..{)-.;toooeooooOOOOOOM ONroO~OM~OOOOOOOM~ t-t-C'\IOM-.;tmt-Mot-oeoC'\lO-.;t1..{) C'\I-.;tMC'\I IDI..{)IDIDeoeoO-.;tOI..{) t- C'\I- ...... M- C'\I- - ...... ID- o o o I..{) -.;t M- I..{) I..{) I..{) I..{) MM t::t:: -.;t- -.;t- -.;t-.;t M M mo-.;t o I..{) 0 eo mmOM I..{) I..{) 0 C'\I o I..{) I..{) ID- ID- t-- - o C'\I C'\I C'\I m o o o o o ID- ID I..{) I..{) I..{) I..{) MM t::t:: -.;t- -.;t- -.;t-.;t M M ......oooooomooooooOOOO ooooooomoooooooooo mooooooooooooooo~~ 1..{)000000-.;t00000000MM ooooooeooooooooooo mOOOOOOM~OOOOOOOMro OOOI..{)Oo-.;tmt-Mot-oeoC'\lO-.;to mMI..{)MC'\IC'\IIDI..{)IDIDeoeoO-.;tOI..{) eo C'\I- - M- C'\I- - ...... t-- o o o o o I..{)- I..{) -.;t I..{) I..{) I..{) I..{) MM t::t:: -.;t- -.;t- -.;t-.;t M M oooooomooooooOOOO ooooooomoooooooooo mooooooooooooooo~~ 1..{)000000-.;t00000000MM ooooooeooooooooooo mOOOOOOMOOOOOOOOMM OOOI..{)Oo-.;tmC'\lMot-oeoC'\lO-.;t1..{) mMI..{)MC'\IC'\IIDI..{)C'\IIDeoeoO-.;tOI..{) M C'\I- - M- C'\I- - ...... t-- ID in 0... <(ro uj:8 I ..c Q.) :::::l ~U) 't: :::::l U'J Q.) a: c5 Q.) 0, ctl W ID -.;t -.;t ID C'\I o I..{) M t- t- M U) :J C ~ @) ~ --I 0 c.. i :,,~ ~ I ctl LL rn weD... Ol 0 '5 @) > cb .Q>::S .~ c ~ "'CU'JU'J~~~Q.)Q.)~~~ ~2 a: ~~~c~--1~~~~~o...--1~o... ooa:Oo--lcSc:lc:lOctl><(~s<( ~ ~ := >. >. 6 Q; ~ .~ .~ ~ ~ :::: uj ~ 1:: uj ~~~~~~U50EE"""~M~~&~ 88~~~~~~~~~~~8~~~ IDt-t-t-......t-......M-.;tID-.;tIDt-mm......C'\I -.;t-.;t-.;t-.;tI..{)-.;tI..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)IDID -.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t C'\Il..{)mOOMC'\Io-.;t-.;t......-.;tl..{)moeom M-.;t-.;tI..{)I..{)I..{)IDt-t-t-eoeommo............ ~~~~~~~~~~~~~~NNN 00000000000000000 I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{)I..{) MMMMMMMMMMMMMMMMM roro 22 ~~ c c ctl ctl ..c ..c :S:S ro 2 ~ ~ ctl "'C C o (j Q.) U) ~~~~~ ~oooo 000000 000000 00000000 000000 I..{)-.;tl..{)ol..{)m t-- eo- -.;t- 0-......- - OOmC'\lIDm ...... C'\I C'\I C'\I C'\I 0_ o o o I..{) -.;t M- -.;t -.;t m M C'\I t-- -.;t 0_ o o N m 0_ eo 000000 000000 000000 000000 ID-.;t I..{) 0 I..{) 0 I..{)- eo- -.;t- 0- ......- 0- ......omC'\lIDO ...... C'\I C'\I C'\I C'\I ......_ o o o o o I..{)- I..{) -.;t 000000 000000 000000 000000 ID-.;t I..{) 0 I..{) 0 I..{)- eo- -.;t- 0- - 0- ......omC'\lIDO ...... C'\I C'\I C'\I C'\I ......_ ro a :E :::::l U) ro a ~ ~ ~ ~ ~ :g .Q .Q .Q .Q .Q U) :ffi:ffi:ffi:ffi:ffi rororororo U5U5U5U5U5 EEEEE ~~~~~ rororororo S S S S S Q.) Q.) Q.) Q.) Q.) "'C "'C "'C "'C "'C U5U5U5U5U5 t-......-.;tt-o -.;tI..{)I..{)I..{)ID -.;t-.;t-.;t-.;t-.;t MmMt-ID I..{) ID eo m ...... O..................C'\I 00000 I..{) I..{) I..{) I..{) I..{) MMMMM ro 2 ~ ~ ctl "'C C o (j Q.) U) U'J ~ ro S Q.) "'C U5 t- C'\I N M M ID- o eo_ M t- t- --t eo eo ID- t- o o N m 0_ eo I..{) M M I..{) -.;t- I..{) eo_ I..{) I..{) o I..{) t- t-- M eo M- M I..{) I..{) o I..{) t- t-- M eo M- M U'J ~ ro S Q.) "'C U5 ~ <( a: <.9=1:1:: ~c:lID zo...Q8 o I- I C'\I ~dj~g- W~~-I owwa: LL>Oo... OOLL<( >-a:OLL !:::~-IO U-WU) ~~<( 1--1 0:: <( U a.> a3 ?F. ~ a U Ol c a.> "c (j "m ~ E ro ~ c:l "'C a.> a3 "'C Ol C "'C a.> :::::l ~ c:l IJJ C a3 a.> Ol E -g U5 c:l :a- <( apo8 :::R:::R:::R:::R:::R 0,0000 o o 0000 0 o 0000 0 Lci ciciciLci Lci C'\I 0 0 0 C'\I C'\I L.() 0 0 0 L.() L.() L.()- 0- 0- 0- L.()- L.()- M t- 00 0'> t- t- C'\I C'\I C'\I C'\I 0_ 0_ IJJ a.> (j c ctl .0 E :::::l (j C W L.() C'\I cD o .......- M L.() L.() C'\I C'\I cD cD o 0 ~..... ~..... M M IJJ ~ .3 :0 c a.> c.. >< w L.() 0 t- 0 cOci ID 0 M_ 0_ ....... C'\I C'\I ID L.() L.() ID t- t- C'\I cO cO N ID ID 0 M M 0'> M- M- t-- 00 00 M o C'\I- 000000 0 000000 0 cicicicicici ci 000000 0 000000 0 0- C'\I- 0- 0- 0- C'\I- C'\I- ID ID t- 00 0'> ID ID C'\I.......C'\IC'\IC'\I~ ~ a3 Ol "'C :::::l c:l 000000 0 000000 0 cicicicicici ci 000000 0 000000 0 0- C'\I- 0- 0- 0- C'\I- C'\I- ID ID t- 00 0'> ID ID C'\I.......C'\IC'\IC'\I~ ~ c a li "5 IJJ a.> o 13 a.> "a a: c a c :;:; a "Q ~ c ~ ~ ro ~W~2~:8 IJJ I a.> c ....... ..c ~ "~ ~ ~ -; ~ -E.......a.>ctl ~F ~ ~~ ctl 6 ctl a ctl W "- 0 U 0... ~~~~~ oroooo ~ "~ ~ ~ ~ UU)uuu t-ID.......-.;tt- -.;t-.;tL.()L.()L.() -.;t-.;t-.;t-.;t-.;t C'\It-M-.;tL() 00 ID 00 00 00 0....... 0 0 0 00000 ID L.() ID ID ID MMMMM =1:1:: ..c a ~ a.> c.. >. I- 13 a.> "a a: c a ~ "t::! ro c Ol U5 c a ~ "t::! ro c Ol U5 C a.> (j .5iE s.... ctl ctl s.... g-I- o c a "U5 "5 (5 t- C'\I r-..: L.() 00_ 00 00 C'\I- M C'\I ~ 0'> 0'> 0'>- t- L.() L.() ci L.() t- O'>- 0'> o L.()- M L.() L.() ci L.() t- O'>- 0'> o L.()- M :::R:::R:::R:::R Noma t- -.;t000-.;t 0000000 cOcicDci~ t-OL.()OM MOO'> ID 0'> 0- C'\I- ID- C'\I- .......- -.;tM OOID ....... C'\I ID ~ ~ o -.;t- O'> o 0 0 o 0 0 ci ~ ~ 00 -.;t C'\I L.()_ -.;t 0 00 0'>- 00000 00000 cicicicici 00000 OO-.;tIDO M- C'\I- t-- C'\I- L.()- -.;tM OOID .............. M 00000 00000 cicicicici 00000 OO-.;tIDO M- C'\I- t-- C'\I- L.()- -.;tM OOID .............. M CC a.> a.> EEt c..c..:::::l:::::l "S "S a a 0- 0- U U ro ~~EE(5 ~~~~:g a.> a.> I I U) UU~~ (j (j rn rn "5 "5 0... 0... UUa.>a.> Q3Q3oo ~~~~ cc"'C"'C ~ ~ ~ ~ <(<(LLLL t- ....... t- ....... -.;tL.()-.;tL.() -.;t-.;t-.;t-.;t L.() L.() t- t- ID ID ID ID 0000 0000 0000 -.;t-.;t-.;t-.;t IJJ C a.> E a.> > a a. ~ ~ rn 0... (j "U5 ctl c:l C IJJ a~ ~ rn a.> 0... U a.> a: eel IJJ ~ rn 0... :::R:::R:::R:::R:::R:::R:::R:::R 00000000 000000000 000000000 cicicicicicicicici 000000000 OOL.()L.()OOL.()L.()O 0- 0- 0- -.;t- L.()- L.()- L.()- 0'>- 0- OOM-.;t-.;tOC'\lO'>L.() -.;tC'\l M L.() C'\IOO - C'\I- ID ~ ~ o -.;t- O'> 000000000 000000000 cicicicicicicicici 000000000 OOL.()L.()OOL.()L.()O 0- 0- 0- -.;t- L.()- L.()- L.()- 0'>- 0- OOM-.;t-.;tOC'\lO'>L.() -.;tC'\l M L.() C'\IOO - C'\I- 000000000 000000000 cicicicicicicicici 000000000 OOL.()L.()OOL.()L.()O 0- 0- 0- -.;t- L.()- L.()- L.()- 0'>- 0- OOM-.;t-.;tOC'\lO'>L.() -.;tC'\l M L.() C'\IOO - C'\I- IJJ IJJ CC a.> a.> IJJ IJJ E E IJJ IJJ C C a.> a.> C C "Q "Q > > a a IJJ IJJ ~ ~"~"~ ~ ~ E E ~ ~ C C --ccaa ~~~~~~~ LLLLIJJIJJEE15 ~~~~ggU):::::l ..c..c a al::;l::; ~~~~~~ ~~~~~~~~ Q)Q)~~~~a.>a.> i.Li.Lrnrnrnrnt6t6 s....s....o...o...o...o...-I-I 88~~-5-5-:-: ~~tfjtfj~~~~ -.;tt--.;tt-t-ot-o L.()L.()L.()L.()L.()IDL.()ID -.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t MML.()L.()O'>O'>OO t-t-t-t-t-t-oooo 00000000 00000000 00000000 -.;t-.;t-.;t-.;t-.;t-.;t-.;t-.;t IJJ C a.> E a.> > a a. ~ ~ rn 0... (j "U5 ctl c:l IJJ "'C Q) i.L (j ~ ::c ;;:c :::R:::R:::R:::R 0000 00000 00000 cicicicici 00000 00000 0- 0- 0- 0- 0- C'\I 00 ID 0'> L.() M L.() -.;t- -.;t- 00000 00000 cicicicici 00000 00000 0- 0- 0- 0- 0- C'\I 00 ID 0'> L.() M L.() -.;t- -.;t- 00000 00000 cicicicici 00000 00000 0- 0- 0- 0- 0- C'\I 00 ID 0'> L.() M L.() -.;t- -.;t- a.> a.> o 0 a a cc~~ ~~~~ "S "S LL LL _ o-o-OlOlctl ~~~~:8 "'C"'Cs....s......c C C ctl ctl :::::l ~~~~U) ~ ~ a a ~~~~ :::::l :::::l a.> a.> 0-0- "'C "'C (j (j SS~~ >.>.cc :'!:::: :'!:::: ctl ctl UU-I-I .......-.;t-.;tt- L.() L.() L.() L.() -.;t-.;t-.;t-.;t C'\I C'\I ID ID t- t- t- t- 0000 0000 0000 -.;t-.;t-.;t-.;t IJJ "'C Q) i.L (j ~ ::c ;;:c c a :;:; "U5 "S 0- (j <( "'C C ctl -I ?F.?F. ....... 0 00 L.() 0 L.() 0'> 0 0'> NciN C'\I 0 C'\I IDOID C'\I- .......- M- t- t- o o ci 00 o C'\I- L.() L.() o 0 r-..: r-..: 0'> 0'> C'\I C'\I 0'>- 0'>- 000 000 cicici 000 000 -.;t- .......- L.()- ....... t- 00 000 000 cicici 000 000 -.;t- .......- L.()- ....... t- 00 >. >. ctl ctl a. a._ U)U)ctl Q3Q3(5 :Q:Q15 ~~~ 00 a a 0...0... Q) Q) CC a.> a.> UU (j (j "5 "5 UU t- ....... -.;tL.() -.;t-.;t ID ID ID ID 00 00 00 -.;t-.;t c a :;:; "U5 "S 0- (j <( "'C C ctl -I IJJ a.> ~ "(3 ctl LL (j ~ :::::l 0- <( :::R:::R 00 000 000 cicici 000 000 - 0'>- 0- C'\I C'\I L.() C'\I C'\I o o ci 00 o C'\I- 000 000 cicici 000 000 .......- 0'>- 0- C'\I C'\I L.() C'\I C'\I 000 000 cicici 000 000 .......- 0'>- 0- C'\I C'\I L.() C'\I C'\I ro Q) Q) (5 cc15 a.> a.> :::::l UUU) IJJ IJJ "c "c C c a.> a.> 1-1- "'C "'C Q)Q) ;,;:::: ;,;:::: "'C "'C 00 <.9<.9 t- 0 L.() ID -.;t-.;t C'\I C'\I 00 00 00 00 00 -.;t-.;t IJJ a.> ~ "(3 ctl LL (j ~ :::::l 0- <( IJJ a.> ~ "(3 ctl LL c a ~ a.> U a.> a: IJJ a.> ~ "(3 ctl LL c a ~ a.> U a.> a: ~ <( a: <.9=1:1:: ~c:lID zo...Q8 o I- I C'\I ~dj~g- W~~--1 owwa: LL>Oo... OOLL<( >-a:OLL !:::~--10 U-WU) ~~<( 1---1 0:: <( U Q.) :::R:::R:::R:::R:::R:::R:::R a3 moooooo ?F. ~ o U Ol C Q.) "c (j "m ~ E ro ~ c:l 00000000 00000000 00000000 00000000 IDOOOOOOID CO- ~- 0'- ID- .q-- I.!)- I.!)- CO- I'--MID~I'--.q-I.!)ID ~ C'\I ~~.q-~ U'J Q.) (j C ctl .0 E :::::l (j C W U'J ~ .3 :0 c Q.) c.. >< W o o o o .q-- "0 Q.) a3 "0 Ol C "0 Q.) :::::l ~ c:l 00000000 00000000 00000000 00000000 00000000 0- ~- 0'- ID- .q-- I.!)- I.!)- 0- mMID~I'--.q-I.!)CO ~ C'\I ~~.q-~ U'J C a3 Q.) Ol E -g U5 c:l :a- <( 00 00 00 00 00 0- 0- 00 a3 Ol "0 :::::l c:l 00000000 00000000 00000000 00000000 00000000 0- ~- 0'- ID- .q-- I.!)- I.!)- 0- mMID~I'--.q-I.!)CO ~ C'\I ~ I.!)~ apo8 I'-- c o li "5 U'J Q.) o 13 Q.) "a a: c c o 0 t5 t5 Q) Q) ~~~~cc :Q:Q66c3c3 CoCoUUQ.)Q.) __;:;: 0l0l ~~~~:E:E2 Q.) Q.) 0 Q.)rnrn66II:C .ga:a::;:::;:;:::;roro:::::l ~66-S-S.a.aU) ~ ~ ~ "g "g ~ ~ ctlQ.)Q.)uu~~ 0"'..c..c~~Q.)Q.) ~~~~~~~ ~ :~ :~ "~ "~ Co Co >~~Q.)Q.)..9:2..9:2 <(o...o...oouu I'--~.q-.q-I'--I'--O .q-I.!)I.!)I.!)I.!)I.!)ID .q-.q-.q-.q-.q-.q-.q- .q-~~.q-.q-coco ID I'-- I'-- I'-- I'-- I'-- I'-- 0000000 0000000 0000000 .q-.q-.q-.q-.q-.q-.q- =1:1:: ..c o ~ Q.) c.. >. I- 13 ~ "~ Ol 0"0 a:~ ~ !!2 "m ~ c Q.) .5 Co c.. Q.) o c o "U5 "5 (5 :::R:::R:::R:::R 0000 00000 00000 00000 00000 00000 0- 0- 0- 0- o- m I.!) co 0 C'\I C'\I~I'--~ o o o o .q-- 00000 00000 00000 00000 00000 0- 0- 0- 0- o- m I.!) co 0 C'\I C'\I~I'--~ 00000 00000 00000 00000 00000 0- 0- 0- 0- o- m I.!) co 0 C'\I C'\I~I'--~ Q.) ..- 6 ~ "~ ~ LLO ggg~~ ~g-~s:c "EcoU:~ ctlQ.)--- ~o~~ 5~a3.g U ~ E "E _CQ.)o ~~uu >.~~S G~QJj ~.q-I'--O I.!) I.!) I.!) ID .q-.q-.q-.q- Ol'--~M I'-- I'-- co co 0000 0000 0000 .q-.q-.q-.q- U'J Q.) Ol "0 ~ ~ !!2 "m ~ c o ~ (j ;,;:::: :s ctl Q.) c:l ~ Q.) c.. ctl (j U'J "0 C ctl --I c o ~ (j ;,;:::: :s ctl Q.) c:l ~ Q.) c.. ctl (j U'J "0 C ctl --I 0' I'-- ~ I.!) .q-- I'-- I.!) 0- ID ~ N ~- ID 0' I.!) ~ C'\I I'-- 0'- C'\I o o o o o 0- o I'-- 0- o o o o o 0- o I'-- 0- c o ~ Q.) t5 Q.) a: ~ U'J ~ Co 0... ro o I- :::R:::R roo ID 0' 0 0' I'-- 0 I'-- NON IDOID 0' 0 0' M- 0- M- IDOID 0'_ 0'_ o 0 o 0 u-j u-j C'\I C'\I 0' 0' ID- ID- C'\I C'\I C'\I N ~ 0' 000 000 000 000 000 0- 0- 0- 000 C'\I 0' - C'\I- 000 000 000 000 000 0- 0- 0- 000 C'\I 0' - C'\I- c c o 0 "U5 "U5 c c ctl ctl ~ ~2 wwo ~ ~:g s.... s.... U) ..c ..c :.::i:.::i ..c ..c (j (j c c ctl ctl CoCo ..c ..c -S-S o 0 U)U) I'-- ~ .q-I.!) .q-.q- I.!) I.!) 0' 0' 00 00 00 c Q.) E Q.) > o c.. ~ Ol C g :::::l c:l "~ ::c :::::l 0... c ~ ~ c..s.... ":5 :9 0---1 W ~ Ol C ~ ":5 c:l :::R:::R:::R 000 0000 0000 0000 0000 0000 I.!)- 0- I.!)- o- 0'000 ~ .q- M_ 0'_ C'\I N ~ 0' 0000 0000 0000 0000 0000 I.!)- 0- I.!)- o- 0'000 ~ .q- M_ 0'_ 0000 0000 0000 0000 0000 I.!)- 0- I.!)- o- 0'000 ~ .q- M_ 0'_ C'- ctl .0 :.::i U'J U'J cc ~ ~ 6 ~ ~ "U5 e e ~ c.. c.. c.. ~~trl ~~~~ Q.) Q.) Q.) ctl uUUo... ro o I- s.... s.... s.... I 000_ "c"c"c 2 Q.) Q.) Q.) 0 U)U)U)I- ~.q-I'-- I.!) I.!) I.!) .q-.q-.q- I'-- 000 000 000 c Q.) E Q.) > o c.. ~ Ol C g :::::l c:l "~ ::c :::::l 0... cccc Q.) Q.) Q.) Q.) E E E E Q.) Q.) Q.) Q.) > > > > o 0 0 0 c..c..c..c.. ~~~~ Ol Ol Ol Ol C C C C gggg :::::l :::::l :::::l :::::l c:lc:lc:lc:l "~"~"~ "~ ::C::C::C::C :::::l :::::l :::::l :::::l 0...0...0...0... U'J ~ Co 0... :::R:::R 00 000 000 000 000 000 0- 0- 0- 000 .q-I.!)m - C'\I- M- 000 000 000 000 000 0- 0- 0- 000 .q-I.!)m - C'\I- M- 000 000 000 000 000 0- 0- 0- 000 .q-I.!)m - C'\I- M- c c o 0 ~ ~ Ol ...... ...... c U) U) "c ~~~ o 0 0... ~~ :;:::;:;:::;ctl ~~~ C'\I I.!) I.!) I.!) .q-.q- C'\I C'\I 00 00 00 ~~~ "(3"(3 "(3 ctl ctl ctl LL LL LL 3: 3: 3: Q.) Q.) Q.) zzz Ol C "c c ctl 0: >. ~ ctl U) "~ ::c :::::l 0... ?F.?F.?F.?F.?F.?F. OC'\l~O~O OIDm M :::R:::R:::R 000 1'--1'--01'--0000001'-- COCOOCOOOOOOOCO u-ju-jou-joooooou-j 0'0'00'0000000' 1'--1'--01'--0000001'-- - -0- -o-o-o-o-o-o-~- COCOOCOOOOOOOCO MMC'\II.!)I.!)I.!)I.!)I.!)COCOCO co- co- C'\I- M- C'\I- 0' M C'\I C'\I M I.!) I.!) M--i~ ~ 0' 0 0' 0' I.!) C'\I I'-- I'-- 1'--- co- I.!)- I.!)- C'\I~.q- .q- 0' ID I.!) I.!) C'\I- M- M- C'\I I.!) ~ 0' I'-- I.!)- .q- I.!) M- ID --i .q- 0' ID- C'\I M ID --i .q- 0' ID- C'\I M ID --i .q- 0' ID- C'\I M ID --i .q- 0' ID- C'\I M 000000000000 000000000000 cOOcOOcOoooooocO MOMOMOOOOOOM 1.!)01.!)01.!)0000001.!) .q-- 0- .q-- 0- .q-- 0- 0- 0- 0- 0- 0- .q-- 1.!)01.!)01.!)0000001.!) C'\IOC'\lC'\l.q-I.!)I.!)I.!)I.!)COCOI'-- M- -.q-- co- C'\I- C'\I- M- ID- 000000000000 000000000000 cOOcOOcOoooooocO MOMOMOOOOOOM 1.!)01.!)01.!)0000001.!) .q-- 0- .q-- 0- .q-- 0- 0- 0- 0- 0- 0- .q-- 1.!)01.!)01.!)0000001.!) C'\IOC'\lC'\l.q-I.!)I.!)I.!)I.!)COCOI'-- M- -.q-- co- C'\I- C'\I- M- ID- I'-- I'-- =1:1::=1:1:: c c o 0 ~~ U5U5 ~ ~ u::u:: co C'\I .q-I.!) .q-.q- ID ID 0' 0' 00 00 00 ~ ~ ro "g ro ctl ~ ro oLLo oc 0 :g "~:g c :g -; Q.) :g >. U) "~ U) ~ U) ~ "~~ U) ~ I- U5 a:wa U) ~ "~ ~ "~"~ ~ 'ro LL 'roLLLL :::::l U) Q.) U)Q.)Q.) 0... "~ ~ "~~ ~ ::c c.. ::c c.. c.. ro :::::l Q.) :::::l Q.) Q.) 0 0... a: 0... a: a: l- I.!) C'\I co ~ ~ I.!) I.!) I.!) ID ID .q- .q- .q-.q-.q- I.!) M coo~ o 0 0 o 0 000 o 0 000 Q.) Q.) (j (j c c ctl ctl c c Q.) Q.) cc "m "m ~~........................ ~~~~~~ ~~~~~gg[[[[ "g "g "g "g "g ~ ~ "~ "~ "~ "~ LLLLLLLLLL(j(jWWWW 3: 3: 3: 3: 3: ~ ~ 3: 3: 3: 3: Q.) Q.) Q.) Q.) Q.) :::::l :::::l Q.) Q.) Q.) Q.) zzzzzo...o...zzzz ~ <( a: <.9=1:1:: ~c:lID zo...Q8 o I- I C'\I ~dj~g- W~~--1 owwa: LL>Oo... OOLL<( >-a:OLL !:::~--10 U-WU) ~~<( 1---1 0:: <( u Q.) :::R.:::R. a3 00 ?F. ~ o U :::R.:::R.:::R.:::R.:::R.:::R.:::R.:::R.:::R. 000000000 Ol C Q.) "c (j "m ~ E ro ~ c:l 00000000000000 00000000000000 00000000000000 00000000000000 00000000000000 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- OOOOL!)L!)OL!)OOOL!)OO L!)OL!)"""L!)"""L!)C'\I(")"""IDID......ID L!)- L!)- - L!)- 0- U'J Q.) (j c m .0 E :::::l (j C W U'J ~ .3 :0 c Q.) c.. >< W "'C Q.) a3 "'C Ol C "'C Q.) :::::l ~ c:l 00000000000000 00000000000000 00000000000000 00000000000000 00000000000000 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- OOOOL!)L!)OL!)OOOL!)OO L!)OL!)"""L!)"""L!)C'\I(")"""IDID......ID L!)- L!)- - L!)- 0- U'J c a3 Q.) Ol E -g U5 c:l :a- <( a3 Ol "'C :::::l c:l 00000000000000 00000000000000 00000000000000 00000000000000 00000000000000 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- OOOOL!)L!)OL!)OOOL!)OO L!)OL!)"""L!)"""L!)C'\I(")"""IDID......ID L!)- L!)- - L!)- 0- apo8 c o li "5 U'J Q.) o 13 Q.) "a a: E E E E ~ ~ ~-~~~~~~g,g, "Q e -E e e e 0, 0, 0, a: a: ~~:g~~~~~~~~ gQ.)U)~~~cccEE Q.) E E E E Q.) Q.) Q.) Q.) Q.) a:~ ~~~~~~~~ ~ e m m m (j (j (j c.. c.. WE g.g.g.~~~~~ ~- a:a:a:Q.)Q.)Q.)0l0l I 2 u u u ~ ~ ~ "e "e L.. ~ "~ ~ ~ ~ g g g g g :5 uu IIIa:a:a:U::U::O co(") C'\I......"""L!)......"""......"""""" L!)ID L!)IDIDL!)IDIDIDIDID """""" """"""""""""""""""""""""""" (J')C'\I """",,",,,,"IDIDIDC'\IC'\I(,,) o 000000.................. ~~~~~~~~~ 00 000000000 00 000000000 ~~~~~~~~~ =1:1:: ..c o ~ Q.) c.. >. I- 13 Q.) "a a: c c c Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) (j (j (j (j (j (j (j (j (j (j E E E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q.) Q.) Q.) c c c c c c c c c c > > > Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) Q.) eeecccccccccc ~~~~~~~~~~~~~ 0l0l0l0l0l0l0l0l0l0l0l0l0l C C C C C C C C C C C C C ggggggggggggg :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l c:lc:lc:lc:lc:lc:lc:lc:lc:lc:lc:lc:lc:l "~ "~ "~ "~ "~ "~ "~ "~ "~ "~ "~ "~ "~ ::C::C::C::C::C::C::C::C::C::C::C::C::C :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l :::::l 0...0...0...0...0...0...0...0...0...0...0...0...0... c U'J ~~ rn13 c..m Q.)LL o c o "U5 "5 (5 ro a :0 :::::l U) U'J Q.) ~ "<:5 m LL ro a I- ID ID cO L!) I'-- L!)- """ "!. M C'\I I'-- M I'-- 1'--- o I'-- """- I'-- C'\I 0 L!) I'-- N --i C'\I (") I'-- co C'\I- co- I'-- """ ID (J') (")- (")- C'\I (") co <ci 0 L!) co o ID ID- (")- (") 0 (") """ C'\I- o o cO (") L!) """- L!) C'\I L!)- (") L!) L!) cO co C'\I """- L!) 0_ 00 o o cO (") L!) """- L!) C'\I L!)- (") L!) L!) cO co C'\I """- L!) 0_ 00 c Q.) E c.. "S 0- W 06 Ol c g :::::l c:l 0... U rn Q.) >- L!) ro a I- ro a I- AGENDA ITEM #4 CIP OVERSIGHT COMMITTEE AGENDA INFORMATION SHEET AGENDA DATE: May 11,2006 DEP ARTMENT: Utility and CIP Engineering Howard Martin, 8232 .. ICM: SUBJECT Receive a status update on active transportation projects associated with the Five- Year Capital Improvement Program. BACKGROUND The bond election held in February 2005 approved a slate of projects for the Five- Year Capital Improvement Program (CIP) for General Government. The Utility and CIP Engineering division of Water Utilities is responsible for the planning and execution of the street and intersection (transportation) and sidewalk projects associated with this CIP. The shortened nature of the FY2004-FY2005 fiscal year together with the "holding pattern" implemented in anticipation of the possible receipt of funding through the North Central Texas Council of Governments (NCTCOG) Partnership Program III Arterial Streets and Arterial Intersection Projects program has resulted in an apparent slow down in the bond projects; however, all of the projects are progressing in a logical, meaningful manner. FY2004- FY2005 Fiscal year 2004 to 2005 would normally begin in October 2004; however, bond funds for this fiscal year did not become available for use until after the election. The effective period of the fiscal year was foreshortened to approximately 3 months, making meaningful progress during the initial fiscal year difficult to achieve. The following projects are in various stages of production and/or on hold waiting additional funding through the NCTCOG partnership program: Mayhill Road - Funding was approved for design and ROW acquisition only for this particular project. The consultant originally hired to perform the alignment study for widening Mayhill Road in 2002, Teague Nail and Perkins, was retained to update the study to reflect possible changes to the mobility plan (shifting the alignment to the west north of the Colorado/State School intersection up to Spencer or Morse streets) as well as platting changes to the affected area in the period of time since the original study was prepared. Following the receipt of the updated schematic, a proposed change to the Mobility Plan was carried forward to the Mobility Committee for approval in January 2006. The Mobility Committee endorsed the revised route. Staff then carried the Mobility Plan Amendments to the public for feedback, conducting a meeting on April 13, 2006 with the residents affected by the realignment of Mayhill Road. Most of the public comments received were negative in nature, and staff recommended to the Mobility Committee in their meeting on April 21, 2006 that the Mayhill Road realignment be limited to the distance between the intersection with Colorado Boulevard and Spencer Road or that the existing alignment be utilized for the Exhibit 2 AIS - Oversight Committee Agenda Item #4 May 11,2006 Page 2 of 4 existing alignment be utilized for the widening of the roadway. The Mobility Committee elected to table the realignment until they could go out in the field to look at alternatives with staff. It is projected that the earliest a revised alignment will be ready to carry forward to P&Z for Public Hearing will be in June 2006, and the earliest the revised Mobility Plan will be adopted by City Council will be in August 2006. Requests for Qualifications (RFQs) for the design of this project will be issued to various engineering consultants in May 2006 with a goal of having an approved Professional Services Agreement (PSA) executed with a consultant at the same time or prior to adoption of the amended Mobility Plan. The Utility and CIP Engineering group along with Innovative Transportation Solutions (ITS) intends to pursue funding of the construction phase of this project through the Texas Department of Transportation (TxDOT) under the municipal highway classification. 1. Shady Oaks Drive - Funding was provided for the design of this project in this fiscal year. The Utility and CIP Engineering group prepared a schematic design of the roadway. A proposal for the design of this roadway was solicited from Freese and Nichols, Inc. and is currently planned for presentation to City Council for approval in June 2006. 2. Brinker Road - Funding was provided for the design and construction of this project in this fiscal year. The Utility and CIP Engineering group prepared a schematic design of the roadway. A proposal for the design of this roadway was solicited from Freese and Nichols, Inc. and is currently planned for presentation to City Council for approval in June 2006. 3. Hobson Lane Intersection Improvements at F.M. 1830 and U.S. Hwy 377 - This project was funded for design initiation and construction in this fiscal year. TxDOT is planning improvements to U.S. Hwy 377 that may complement or duplicate the efforts associated with this project. Funding assistance was applied for through the NCTCOG Partnership Program III process; therefore, detailed design efforts on the project were stalled until the results of the grant application process could be determined in order to avoid the loss of funds by spending them prematurely or prior to a better understanding of the scope and possible benefits of the planned TxDOT widening of U.S. Hwy. 377 project. In late February 2006, staff found out that funding through the NCTCOG Partnership Program III process was unsuccessful. Staff is exploring alternatives with the assistance of ITS to fund the entire widening of U.S. Hwy. 377, the widening of the Union Pacific Railroad (UPRR) Bridge over U.S. Hwy. 377 and the improvements to this intersection as a single project, possibly freeing these funds for use on other projects. 4. Western Boulevard - The ROW for this project has been established for the most part, other than some debate in the southern reach of the project between F.M. 1515 and Jim Christal Road with respect to possible adjustments that may be requested by potential developers of the property. Staff has been meeting with the representatives for the landowner and potential developers in order to achieve a definitive alignment through this stretch of the roadway. A contract has been awarded for the design of the project with Teague Nail and Perkins at the City Council meeting held on March 21, 2006. 5. U.S. Hwy. 377 Bridge at Union Pacific Railroad -This project was previously budgeted with GO bonds in 2002 at approximately $1.0 million dollars with AIS - CIP Oversight Committee Agenda Item #4 May 11,2006 Page 3 of 4 matching money from Denton County in the amount of $930,000.00, of which approximately $1,372,778.00 remains. Project design is nearing completion; however, projected construction costs of approximately $6.0 million dollars for the bridge still indicates that a budget shortfall exists for this proj ect. As discussed herein and in the backup for the status report on this project submitted as a separate agenda item to this committee, staff is pursuing the funding of this project, the intersection improvements at u.s. Hwy. 377 and F.M. 1830 and the widening of u.s. Hwy. 377 all as a single project through TxDOT in exchange for the City of Denton performing the full environmental assessments for the u.s. Hwy. 377 widening and bridge. FY2005- FY2006 Fiscal year 2005 to 2006 began on October 1, 2005; however, funds for use on the projects approved in this particular fiscal year will not become available until June or July of 2006. As discussed for FY2004-FY2005, staff has been hesitant to aggressively program these projects forward prior to receiving notification of the results of the success of the funding applications for them through the NCTCOG partnership program. The following projects are slated for production in FY2005-FY2006: 1. Shady Oaks Drive/Brinker Road - Construction funding was provided for the Shady Oaks project in this fiscal year. Both projects are being handled as a single construction contract at this time. Inasmuch as the construction of these projects will likely not actually start until early to mid 2007, it may be possible to forestall bond sales for the construction phase of the projects until FY2006-FY2007. The ability to initiate the construction of this project in the scheduled year will depend on the availability of funding for these and other bond projects and the continuing trends in fuel prices and project bidding. 2. Western Boulevard - Construction funding was provided for this project in this fiscal year. Inasmuch as the construction of this project is not likely to begin until early to mid 2007, it may be possible to forestall bond sales for the construction phase of Western Boulevard until FY2006-FY2007. The ability to initiate the construction of this project in the scheduled year will depend on the availability of funding for this and other bond projects and the continuing trends in fuel prices and project bidding. OPTIONS Bond sales for the construction of Shady Oaks Drive and Western Boulevard are scheduled for FY2005-FY2006. Bond sales for these projects' construction could continue as scheduled or could be postponed until FY2006-FY2007. RECOMMENDATION Staff recommends that the scheduled bond sales currently planned for the improvements to the listed roadways be rescheduled for FY2006-FY2007. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) None. DATE SCHEDULED FOR COUNCIL APPROVAL Not applicable. AIS - CIP Oversight Committee Agenda Item #4 May 11,2006 Page 4 of 4 FISCAL INFORMATION Bond sales for the various projects discussed herein were originally programmed as follows: 1. Shady Oaks Drive - Engineering and ROW acquisition in the amount of $350,000.00 in FY2004-FY2005 and construction in the amount of $2,200,000.00 in FY2005-FY2006. 2. Brinker Road - Engineering and ROW acquisition in the amount of $200,000.00 and construction in the amount of $710,000.00 in FY2004-FY2005. 3. U.S. Hwy. 377 at UPRR Bridge - Engineering and ROW acquisition in the amount of $220,000.00 and construction in the amount of$I,780,000.00, all in FY2007-FY2008. 4. Western Boulevard - Construction in the amount of $3,640,000.00 in FY2005-FY2006. 5. Mayhill Road - Engineering and ROW acquisition in the amount of $500,000.00 in FY2004- FY2005. 6. Hobson Ln./F.M.1830/U.S.Hwy.377 Intersection - Engineering and ROW acquisition in the amount of $100,000.00 and construction in the amount of $1,100,000.00 in FY2004-FY2005. BID INFORMATION Not applicable. EXHIBITS None. Respectfully submitted: .....~.. . .. . . . . . . .. .. .."". .". .. . . . . . . . .. . ... .. . ... .. . .. ..... .. .. .. . .. .... . . . . . ... . . ... . f1~~. ... ..... .... . ~~ .. Jim Coulter Director Water Wastewater Utilities ~ .. "' ...... . .... . . . ... .......,~ - _ :.. . . ":r" .. ....-.............. ... ..- ::-.; -:-:- .. :..~"'..'- :":". _. .- :i.':"':-.-: ":" I.r- :-:-:-: ....... _ ": Frank G. Payne, P.E. City Engineer CIP COMMITTEE AGENDA ITEM # 5 CIP OVERSIGHT COMMITTEE AGENDA INFORMATION SHEET AGENDA DATE: May 11,2006 DEP ARTMENT: Finance Howard Martin, 8232" ICM: SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 5-year Capital Improvement Program and reporting to the Citizens Advisory Oversight Committee. BACKGROUND During a 5-year CIP, the timing of some projects need to be adjusted to correspond with other infrastructure improvements. Staff is proposing making various changes to the current 5-year CIP in order to coordinate with various utility activities. Transportation The following transportation projects were shifted due to utility line replacement. By coordinating with utility line replacement, street life cycle is improved, and closure times can be reduced. Westridge (350158XXX) - project shifted from FY2006 to FY 2005, moved $90,000 from FY2009 Malone project. Westminister (350163XXX) - project shifted from FY2006 to FY2005, moved $170,000 from FY2009 Malone project Wellington (350165XXX) - project shifted from FY2006 to FY2009 Davis (350166XXX) - project shifted from FY2006 to FY2009, $100,000 of funds will be used to shift a portion of the Clear Creek Natural Heritage Center from FY2009 to FY2006. When the debt is issued in FY2009 for Clear Creek the funds will go back to the Davis Street project. Headlee (350191XXX) - project shifted from FY2006 to FY2009 Malone (350146XXX) - project shifted from FY2005 to FY2009, moved $260,000 to Westridge and Westminister The following project changes were for reasons other than utility line replacements. Mockingbird (370173XXX) - project completed in FY2005 using existing 2003 C.O.'s, project not removed from ballot before election. CIP budget of $370,000 transferred to Old North ($65,000) and Bonnie Brae ($305,000) due to increased estimates Old North (350172XXX) - increased cost of project by $65,000, moved funds from Mockingbird Marshall (350206XXX) - project completed in 2004 with remaining G.O. funds, $150,000 budget transferred to Bonnie Brae Exhibit 3 AIS - CIP Committee Agenda Item #5 May 11,2006 Page 2 of Parks & Recreation Clear Creek Natural Heritage Center (400078XXX) - per the Oversight Committee previous approval $100,000 of project was moved from FY2009 to FY2006, funding from Davis street project moved to FY2009. Staff is seeking approval from the Oversight Committee for the above changes. Attached as Exhibit I is the Capital Improvement Program Report. Staff has added two sections to the report. The Level of Detail by Job # section that list each project and the funding year, the funding year is the last three digits of the job # and corresponds to the funding year on the first page. The last page of the report is a summary of changes section. Next to each budget adjustment on the level of detail by job # section is a corresponding number that matches a description on the summary of changes page. OPTIONS 1. Approve changes recommended by staff. 2. Suggest alternative changes to the CIP. RECOMMENDATION Staff recommends the Oversight Committee approve the proposed changes. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) No prior action on the proposed changes has been taken. DATE SCHEDULED FOR COUNCIL APPROVAL No Council approval is needed for the proposed changes. EXHIBITS 1. CIP Report -see Exhibit 1 Respectfully submitted: ~~ . . . . .. . . . .. . . . .. ... . . .. . ...... . . .. . . . ... . . .. . . ... .. . .. . . ... ... .. . .: .. .. . . . .. .... . ::.. .. .. .... . . :...... . Jim Coulter Director Water/Wastewater Utilities AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Discuss the nomination process for the City's Boards and Commissions. BACKGROUND Following the procedures established by the City Council for board/commission appointments, the attached time line has been prepared for council consideration. The proposed timeline provides for a streamlined nomination process for Council allowing for a specific meeting to discuss nominations rather than at the end of regular meetings. Board and Commission notebooks will be distributed with Friday packets on June 23rd. Council will then have three weeks to contact individuals being considered for nomination to a board or commission. Council is asked to provide the City Secretary the names and addresses of those individuals they wish to nominate during this time. A compiled list of nominations will be provided at the Work Session on July 18th for Council to discuss with ratification of the nominations during the Regular Session on July 18th. The Board and Commission reception will be August 1 st with the swearing in ceremony being televised. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\AIS Timeline Meeting 2006.doc PROPOSED TIMELINE BOARDS AND COMMISSIONS NOMINATIONS/APPOINTMENTS DATE ACTION Week of May 22 Letter from City Secretary to current members with expiring terms asking if desire to be re-nominated, if applicable; letter from Mayor to members with term limits June 20 - Tuesday Work Session discussion on nomination process June 23 - Friday Notebooks distributed with Friday packets July 18 - Tuesday Council discuss nominations in Work Session Council vote on nominations in Regular Session July 19 - Wednesday Letters sent to new appointments, reappointments of board/commission members plus reception information August 1 - Tuesday Reception - Work Session Room 5:30 - 6:00; swearing in 6:00 - Council Chambers (televised) S:\Boards & Comm\Proposed timeline-counci12006.doc AGENDA INFORMATION SHEET AGENDA DATE: June 20, 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 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 CITY COUNCIL AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEP ARTMENT: Economic Development Howard Martin, 8232 .. ICM: SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to enter into an agreement with the North Central Texas Council of Governments for a Sustainable Development Project for the Wells Fargo Catalyst Project; authorizing the City Manager, or his designate, to act on behalf of the City in all other matters that are related to the project pledging that the City of Denton will comply with all project requirements of the North Central Texas Council of Governments; and providing for an effective date. BACKGROUND On January 20, 2006, the City submitted an application to North Central Texas Council of Governments (NCTCOG) for Sustainable Development Project funding in the amount of $2.9 million. The City was notified in April that $2 million had been awarded and that funds would become available October 2006. The project was identified by RTKL Associates, an architectural and planning firm in Dallas, as the Wells Fargo Catalyst Project - one of five projects proposed to encourage redevelopment in Downtown. The project brings three substantial partners together - the City of Denton, Wells Fargo Bank and Trammell Crow Company. Both Wells Fargo and the City of Denton own property within the identified project. The proposed site boundaries are Hickory and Mulberry Streets on the north and south and Walnut and Industrial Streets on the east and west. In addition, other Wells Fargo properties such as the parking garage located on Locust and Walnut may be included. The project will provide multi-family units and a parking garage serving the multi-family as well as Downtown in general. Retail, restaurants and office space are also planned. NCTCOG funds will be used for the following items: . Sidewalks (peripheral and interior to the project) . Streetscaping (trees, pedestrian lighting, bedding material) . Pedestrian and cyclist amenities (bike racks, benches, trash receptacles, ADA ramps) . Pedestrian plazas OPTIONS 1. Fund the local match using CIP funds dedicated to Downtown improvements. 2. Find other resources for match RECOMMENDATION It is staff's recommendation that we take this opportunity to use funds already dedicated to Downtown to fund the local match for this grant. The match would amount to $500,000 and would allow us to obtain $2 million from NCTCOG. The use of the funds will fulfill the original intent of the CIP projects - to improve pedestrian access and provide aesthetic amenities in Downtown. The CIP program provides $900,000 for 2006/07; $925,000 for 2007/08; and $975,000 for 2008/09 for Walnut, Pecan and Austin Streets. One-third of Austin Street will be improved through this catalyst project. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) This project has been presented to the Downtown Task Force, a group of citizens interested in the redevelopment of Downtown who report to the Economic Development Partnership (EDP) Board. The project was forwarded to the EDP Board. Both the Task Force and the Board are in favor of proceeding with the project and using the CIP funds as the local match. The Mobility Committee and the CIP Oversight Committee have also reviewed the project at their May meetings and recommend the use of CIP dollars for the local match. FISCAL INFORMATION The $2 million NCTCOG Sustainable Development Project requires a 20% local match ($500,000). The match would be required in the 2006/07 program year. BID INFORMATION N/A EXHIBITS 1. Grant application 2. CIP Programs Respectfully submitted: Linda Ratliff, Director Economic Development CITY OF DENTON CAPITAL IMPROVEMENT TIMELINE 2004-05 BOND PROJECTS PROJECT South Branch Library Expansion PUBLIC BUILDING IMPROVEMENTS 2004-05 $ 200,000 $ 200,000 $ 1,200,000 910,000 910,000 500,000 350,000 260,000 200,000 115,600 $ 4,445,600 $ 190,000 143,000 14,000 7,400 $ 354,400 $ 5,000,000 Hobson Ln I/S Imp @ FM 1830 @ 377 Brinker Road Citywide Arterials Mayhill Road Shady Oaks Intersection Signalization Miscellaneous Roadways Sidewalk Installations TRANSPORTATION Avondale Park Bridge Avondale /Civic Center Park Equipment Civic Center Pool/Water Slide/Sprayground Fred Moore Park Multipurpose Court PARK SYSTEM IMPROVEMENTS TOTAL 2005-06 BOND PROJECTS PROJECT South Branch Library Expansion Senior Center Improvements PUBLIC BUILDING IMPROVEMENTS 2005-06 $ 1,900,000 195,000 $ 2,095,000 $ 3,640,000 2,200,000 940,000 270,000 220,000 208,400 $ 7,478,400 $ 171,000 132,000 90,000 82,600 31,000 20,000 $ 526,600 $ 10,100,000 Western Boulevard Shady Oaks Residential Streets Intersection Signalization Miscellaneous Roadways Sidewalk Installations TRANSPORTATION Civic Center Pool/Water Slide/Sprayground Avondale/Civic Center Park Equipment City Hall Courtyard Renovation Fred Moore Park Multipurpose Court Prairie/Robertson Rail Trail Bridge City Wide Park Land Acquisition/Tree Bank PARK SYSTEM IMPROVEMENTS TOTAL EXHIBIT 1 CITY OF DENTON CAPITAL IMPROVEMENT TIMELINE 2006-07 BOND PROJECTS PROJECT Senior Center Improvements PUBLIC BUILDING IMPROVEMENTS Citywide Arterials Residential Streets Downtown - Walnut, Pecan, Austin FM 1830 (Design Only) Sidewalk Installations Intersection Signalization Miscellaneous Roadways TRANSPORTATION City Wide Park Land Acquisition/Tree Bank Soccer Fields Prairie/Robertson Rail Trail Bridge Tree Bank & Open Space Land Acquisition/Parking Fred Moore Park Evers Park Baseball Field Improvements Denia Park Circulation Trail/Connection TOTAL 2007-08 BOND PROJECTS PROJECT Senior Center Improvements PUBLIC BUILDING IMPROVEMENTS Residential Streets US 377 Widening Downtown - Walnut, Pecan, Austin Intersection Signalization Miscellaneous Roadways Sidewalk Installations TRANSPORTATION Soccer Fields Evers park Baseball Field Improvements IOOF Cemetery/Oakwood Fence Civic Center Pool/Water Slide/Sprayground Land Acquisition/Parking Fred Moore Park Clear Creek natural Heritage Center Development Mack Park Restrooms/Concession/ADA North Lakes Restrooms/Concession/ADA Goldfield Tennis Center (3 Lighted Courts) PARK SYSTEM IMPROVEMENTS TOTAL 2006-07 $ 400,000 $ 400,000 $ 1,740,000 1,355,000 900,000 800,000 294,500 280,000 225,000 $ 5,594,500 $ 4,380,000 400,000 269,000 250,000 60,000 30,500 16,000 $ 5,405,500 $ 11,400,000 2006-07 $ 1,305,000 $ 1,305,000 $ 2,810,000 2,000,000 925,000 290,000 225,000 220,000 $ 6,470,000 $ 1,200,000 344,500 180,000 174,000 90,000 45,000 45,000 25,500 21 ,000 $ 2,125,000 $ 9,900,000 EXHIBIT 1 CITY OF DENTON CAPITAL IMPROVEMENT TIMELINE 2008-09 BOND PROJECTS PROJECT 2008-09 Residential Streets $ 2,245,000 Downtown - Walnut, Pecan, Austin 975,000 Sidewalk Installations 261,500 Miscellaneous Roadways 230,000 TRANSPORTATION $ 3,711,500 Entry Corridors (FT Worth Drive) $ 700,000 Clear Creek Natural Heritage Center Development 555,000 Mack Park Restrooms/Concession/ADA 505,000 North Lakes Restrooms/Concession/ADA 299,500 Goldfield Tennis Center (3 Lighted Courts) 229,000 PARK SYSTEM IMPROVEMENTS $ 2,288,500 TOTAL $ 6,000,000 SUMMARY PUBLIC BUILDING IMPROVEMENTS $ 4,000,000 TRANSPORTATION $ 27,700,000 PARK SYSTEM IMPROVEMENTS $ 10,700,000 TOTAL $ 42,400,000 EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEPARTMENT: Legal Department CM/DCM/ACM: Edwin M. Snyder, City Attorney SUBJECT: Consider an ordinance of the City of Denton, Texas pertaining to the membership of the Denton Firefighters Relief and Retirement Fund and providing an effective date. BACKGROUND: City Management and the Denton Firefighters Relief & Retirement Fund (the "Fund") have come to an agreement regarding the membership of the Fund. Previously, there had been disagreement as to. which employees should be included in the Fund and TMRS. This resulted in the filing of a lawsuit by the Fund against the City in Cause No. 2005-30380-211 (the "Lawsuit"). The proposed ordinance sets forth the Fund membership. As of this writing, representatives of the Fund's Board have agreed to have the Fund approve a resolution that mirrors the terms of the proposed ordinance and to dismiss the Lawsuit, prior to the Council's approval of the ordinance. OPTIONS: Approve the ordinance as presented; approve with modifications, or disapprove. S :\Our Documents\Miscellaneous\06\Firefighters Relief and Retirement Fund AIS.doc S :\Qur Documents\Ordinances\06\Fireman Relief and Retirement Fund.doc ORDINANC~ NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PERTAINING TO THE MEMBERSHIP OF THE DENTON FIREFIGHTERS RELIEF AND RETIREMENT FUND; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City Council finds that the City of Denton and the Denton Firemen's Relief and Retirement Fund (the "Fund") have reached an agreement on membership in the Fund; and WHEREAS, the City COWlcil finds that 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. Participants in the Fund will consist of the following City employees: A.. All employees under the supervision and control of the Fire Department, except: 1. Any current employee in the Fire Department participating in the TMRS on or before the date of this ordinance. 2. Any employee participating in TMRS when a citywide reorganization results in the employee being assigned to report to the Fire Department. 3. Any current employee who transfers to the Fire Department within two years of the effective date of this ordinance will be allowed to continue his/her participation in the TMRS. B.. Even though the Building Inspection, Health Inspection or other employees who do not perform Fire Department related services may report to the Fire Marshal, they will be placed in a separately budgeted department outside the Fire Department and said employees will not participate in the Fund. c. Except for public safety dispatchers currently participating in TMRS, all public .safety dispatchers will continue to be assigned to the Fund. SECTION 3. This ordinance shall l?ecome effective immediately from and after its passage and approvaL PASSED AND APPROVED this the day of , 2006. S :\OUf Documents\Ordinances\06\Fireman Relief and Retirement Fund.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY A TT BY: Page 2 of2 PERRY R. McNEILL, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: May 20, 2006 DEPARTMENT: Economic Development Howard Martin, 349-8232 .. ICM: SUBJECT Consider adoption of a resolution of the City of Denton supporting the establishment of a Foreign Trade Zone in the city of Denton's industrially-zoned area near the Denton Airport and at the University of North Texas Research Park in order to stimulate economic development growth and activity: to encourage international trade and create jobs and investment in the city of Denton; and providing an effective date. BACKGROUND Economic Development staff presented information to the City Council at their May 16, 2006 and June 20,2006 work sessions. It is staffs request that the Council approval a resolution allowing the Mayor to write a letter of support. If approved, staff will visit with the Denton County Commissioners and Denton Independent School District Board to seek their support. Without support of all taxing entities, approval of the application will be in jeopardy and will not be submitted. ESTIMATED SCHEDULE OF PROJECT The application process will take approximately two years. FISCAL INFORMATION Total cost to complete the application process is approximately $50,000. A partnership with the private sector is being formed to share in this cost. It is estimated that the City of Denton's share (to include 340 acres of Airport property) is approximately $10,800. 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. - 1 - EXHIBITS 1. Resolution 2. Sample Letter Respectfully submitted: Linda Ratliff, Director Economic Development Department - 2 - (City Of Denton Letterhead) June 20, 2006 Mr. Dennis Puccinelli Executive Secretary Foreign Trade Zone Board 1401 Constitution Ave # 1115 Washington D.C. 20230 Dear Mr. Puccinelli, Please accept this letter of support for the Dallas Fort Worth Foreign Trade No. 168's application to expand the Foreign Trade Zone to the City of Denton. The City of Denton is very active in promoting economic development and business retention within the City. The City of Denton supports this application in order to attract new businesses and to expand existing companies within the City. The City of Denton understands that there are certain tax benefits both from a federal level as well as local level. The City believes that these benefits will promote both new business and provide growth benefits to existing businesses located within the City of Denton. Sincerely, Perry McNeill Mayor AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEP ARTMENT: Tax ACM: If Jon Fortune Name Reason Tax Amount Year 2. LandAmerica/Confidential Owner Duplicate Payment 2005 $1,165.36 4. Lioselle, Lance Duplicate Payment 2005 $ 783.24 6. LandAmerica/ Wheat, Glenn & Betty Duplicate Payment 2005 $ 534.86 SUBJECT Consider approval of tax refunds for the following property taxes: 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 $8,085.42. ~R~~pectfuIIAY" S~b~~~tted: " y ~ , - IS;;" ,--" "" "" ~ :r · "_!r l"' - I . =- or . .... ~.. Diana G. Ortiz Chief Financial Officer AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Keith Gabbard 349-7144 AGENDA DATE: June 20,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3510-Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder, Hanson Pipe and Precast, in the annual estimated amount of $50,000). The Public Utilities Board recommends approval (6-0). BID INFORMATION This bid is for the annual contract to supply the City of Denton with Reinforced Concrete Pipe (RCP) and Precast Reinforced Concrete Box Culverts. These items are used in the construction and maintenance of street and drainage areas. A wide range of pipe and box culverts have been bid in order for the City of Denton workforce to quickly accommodate the engineered runoff water projections. Minimal stock is maintained and material is ordered on an as needed basis. Notices were mailed to 29 possible sources for the project. Hansen Pipe and Precast, which sells directly to municipalities, was the only bid response. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its June 12, 2006 meeting. RECOMMENDATION Award to Hanson Pipe and Precast as listed on the tabulation sheet. The estimated annual expenditure is $50,000. PRINCIPAL PLACE OF BUSINESS Hanson Pipe and Precast Grand Prairie, TX Agenda Information Sheet June 20, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT Estimated delivery of the pipe product is one-two days; culvert delivery is three-four weeks. This is an annual contract that can be renewed for additional one-year periods with all conditions and pricing remaining the same. FISCAL INFORMATION Each acquisition will be charged to the appropriate budget line and/or Capital Improvement Plan proj ect. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 :Bid Tabulation 1-AIS-Bid 3510 Attachment 1 BID # 3510 DATE: May 25, 2006 Annual Contract for RCP Pi e and Concrete Box Culverts Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX I. Reinforced Concrete Pipe (RCP) Specifications, NCTCOG 2.12.3.1 A. Class 2 RCP: (See approval process in specifications section.) 1 1 - 500 LF 15" RCP $16.83 2 1 - 500 LF 18" RCP $18.83 3 1 - 500 LF 21" RCP $23.42 4 1 - 500 LF 24" RCP $28.09 5 1 - 500 LF 30" RCP $39.65 6 1 - 500 LF 36" RCP $ 54. 15 7 1 - 500 LF 42" RCP $76.42 8 1 - 500 LF 48" RCP $93.97 9 1 - 500 LF 54" RCP $125.21 10 1 - 500 LF 60" RCP $148.67 B. Class 3 RCP: 11 1 - 500 LF 15" RCP $16.83 12 1 - 500 LF 18" RCP $18.83 13 1 - 500 LF 21" RCP $23.42 14 1 - 500 LF 24" RCP $28.09 15 1 - 500 LF 30" RCP $39.65 Page 1 of 4 Attachment 1 Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX 16 1 - 500 LF 36" RCP $56.70 17 1 - 500 LF 42" RCP $80.75 18 1 - 500 LF 48" RCP $98.35 19 1 - 500 LF 54" RCP $131.62 20 1 - 500 LF 60" RCP $155.89 C. Class 4 RCP: 21 1 - 500 LF 15" RCP $17 . 64 22 1 - 500 LF 18" RCP $20.87 23 1 - 500 LF 21" RCP $27.24 24 1 - 500 LF 24" RCP $34.98 25 1 - 500 LF 30" RCP $47.73 26 1 - 500 LF 36" RCP $66.81 27 1 - 500 LF 42" RCP $96.60 28 1 - 500 LF 48" RCP $142.55 29 1 - 500 LF 54" RCP $196.65 30 1 - 500 LF 60" RCP $224.70 II. Precast Reinforced Concrete Box Culverts, NCTCOG 2.12.3.2, TxDOT Standard Details A. Box Culverts with 2' Cover or More: 31 1 - 500 LF 5' X 4' BOX CULVERT $153.89 32 1 - 500 LF 5' X 6' BOX CULVERT $216.62 Page 2 of 4 Attachment 1 Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX 33 1 - 500 LF 5' X 8' BOX CULVERT $284.24 34 1 - 500 LF 6' X 4' BOX CULVERT $209.09 35 1 - 500 LF 6' X 6' BOX CULVERT $233.97 36 1 - 500 LF 6' X 8' BOX CULVERT $311.10 37 1 - 500 LF 7' X 3' BOX CULVERT $225.29 38 1 - 500 LF 7' X 5' BOX CULVERT $263.46 39 1 - 500 LF 7' X 7' BOX CULVERT $300.73 40 1 - 500 LF 8' X 4' BOX CULVERT $268.90 41 1 - 500 LF 8' X 6' BOX CULVERT $311.10 42 1 - 500 LF 8' X 8' BOX CULVERT $338.60 43 1 - 500 LF 9' X 5' BOX CULVERT $344.34 44 1 - 500 LF 9' X 7' BOX CULVERT $386.58 45 1 - 500 LF 9' X 9' BOX CULVERT $428.78 46 1 - 500 LF 10' X 4' BOX CULVERT $373.75 47 1 - 500 LF 10' X 5' BOX CULVERT $412.04 48 1 - 500 LF 10' X 7' BOX CULVERT $458.87 B. Box Culverts with Direct Traffic Design: 49 1 - 500 LF 5' X 4' BOX CULVERT $153.89 50 1 - 500 LF 5' X 6' BOX CULVERT $216.62 51 1 - 500 LF 5' X 8' BOX CULVERT $284.24 Page 3 of 4 Attachment 1 Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX 52 1 - 500 LF 6' X 4' BOX CULVERT $200.09 53 1 - 500 LF 6' X 6' BOX CULVERT $233.97 54 1 - 500 LF 6' X 8' BOX CULVERT $311.10 55 1 - 500 LF 7' X 3' BOX CULVERT $225.29 56 1 - 500 LF 7' X 5' BOX CULVERT $263.46 57 1 - 500 LF 7' X 7' BOX CULVERT $300.73 58 1 - 500 LF 8' X 4' BOX CULVERT $268.90 59 1 - 500 LF 8' X 6' BOX CULVERT $311.10 60 1 - 500 LF 8' X 8' BOX CULVERT $338.60 61 1 - 500 LF 9' X 5' BOX CULVERT $344.34 62 1 - 500 LF 9' X 7' BOX CULVERT $386.58 63 1 - 500 LF 9' X 9' BOX CULVERT $428.78 64 1 - 500 LF 10' X 4' BOX CULVERT $373.75 65 1 - 500 LF 10' X 5' BOX CULVERT $412.04 66 1 - 500 LF 10' X 7' BOX CULVERT $458.87 Shipment can be made within _ days from receipt of Pipe: 1-2 days o rd e r. Culvert: 3-4 wks *Prices shall be bid F.O.B. Denton Page 4 of 4 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL CONTRACT FOR RCP PIPE AND CONCRETE BOX CULVERTS FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 351 O-ANNUAL CONTRACT FOR RCP PIPE AND CONCRETE BOX CULVERTS AWARDED TO THE LOWEST RESPONSIBLE BIDDER, HANSON PIPE AND PRECAST, IN THE ANNUAL ESTIMATED AMOUNT OF $50,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3510 1-66 Hanson Pipe and Precast Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3510 Exhibit A BID # 3510 DATE: May 25, 2006 Annual Contract for RCP Pi e and Concrete Box Culverts Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX I. Reinforced Concrete Pipe (RCP) Specifications, NCTCOG 2.12.3.1 A. Class 2 RCP: (See approval process in specifications section.) 1 1 - 500 LF 15" RCP $16.83 2 1 - 500 LF 18" RCP $18.83 3 1 - 500 LF 21" RCP $23.42 4 1 - 500 LF 24" RCP $28.09 5 1 - 500 LF 30" RCP $39.65 6 1 - 500 LF 36" RCP $ 54. 15 7 1 - 500 LF 42" RCP $76.42 8 1 - 500 LF 48" RCP $93.97 9 1 - 500 LF 54" RCP $125.21 10 1 - 500 LF 60" RCP $148.67 B. Class 3 RCP: 11 1 - 500 LF 15" RCP $16.83 12 1 - 500 LF 18" RCP $18.83 13 1 - 500 LF 21" RCP $23.42 14 1 - 500 LF 24" RCP $28.09 15 1 - 500 LF 30" RCP $39.65 Page 1 of 4 Exhibit A Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX 16 1 - 500 LF 36" RCP $56.70 17 1 - 500 LF 42" RCP $80.75 18 1 - 500 LF 48" RCP $98.35 19 1 - 500 LF 54" RCP $131.62 20 1 - 500 LF 60" RCP $155.89 C. Class 4 RCP: 21 1 - 500 LF 15" RCP $17 . 64 22 1 - 500 LF 18" RCP $20.87 23 1 - 500 LF 21" RCP $27.24 24 1 - 500 LF 24" RCP $34.98 25 1 - 500 LF 30" RCP $47.73 26 1 - 500 LF 36" RCP $66.81 27 1 - 500 LF 42" RCP $96.60 28 1 - 500 LF 48" RCP $142.55 29 1 - 500 LF 54" RCP $196.65 30 1 - 500 LF 60" RCP $224.70 II. Precast Reinforced Concrete Box Culverts, NCTCOG 2.12.3.2, TxDOT Standard Details A. Box Culverts with 2' Cover or More: 31 1 - 500 LF 5' X 4' BOX CULVERT $153.89 32 1 - 500 LF 5' X 6' BOX CULVERT $216.62 Page 2 of 4 Exhibit A Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX 33 1 - 500 LF 5' X 8' BOX CULVERT $284.24 34 1 - 500 LF 6' X 4' BOX CULVERT $209.09 35 1 - 500 LF 6' X 6' BOX CULVERT $233.97 36 1 - 500 LF 6' X 8' BOX CULVERT $311.10 37 1 - 500 LF 7' X 3' BOX CULVERT $225.29 38 1 - 500 LF 7' X 5' BOX CULVERT $263.46 39 1 - 500 LF 7' X 7' BOX CULVERT $300.73 40 1 - 500 LF 8' X 4' BOX CULVERT $268.90 41 1 - 500 LF 8' X 6' BOX CULVERT $311.10 42 1 - 500 LF 8' X 8' BOX CULVERT $338.60 43 1 - 500 LF 9' X 5' BOX CULVERT $344.34 44 1 - 500 LF 9' X 7' BOX CULVERT $386.58 45 1 - 500 LF 9' X 9' BOX CULVERT $428.78 46 1 - 500 LF 10' X 4' BOX CULVERT $373.75 47 1 - 500 LF 10' X 5' BOX CULVERT $412.04 48 1 - 500 LF 10' X 7' BOX CULVERT $458.87 B. Box Culverts with Direct Traffic Design: 49 1 - 500 LF 5' X 4' BOX CULVERT $153.89 50 1 - 500 LF 5' X 6' BOX CULVERT $216.62 51 1 - 500 LF 5' X 8' BOX CULVERT $284.24 Page 3 of 4 Exhibit A Hanson Pipe and Precast Principle Place of Business: Grand Prairie, TX 52 1 - 500 LF 6' X 4' BOX CULVERT $200.09 53 1 - 500 LF 6' X 6' BOX CULVERT $233.97 54 1 - 500 LF 6' X 8' BOX CULVERT $311.10 55 1 - 500 LF 7' X 3' BOX CULVERT $225.29 56 1 - 500 LF 7' X 5' BOX CULVERT $263.46 57 1 - 500 LF 7' X 7' BOX CULVERT $300.73 58 1 - 500 LF 8' X 4' BOX CULVERT $268.90 59 1 - 500 LF 8' X 6' BOX CULVERT $311.10 60 1 - 500 LF 8' X 8' BOX CULVERT $338.60 61 1 - 500 LF 9' X 5' BOX CULVERT $344.34 62 1 - 500 LF 9' X 7' BOX CULVERT $386.58 63 1 - 500 LF 9' X 9' BOX CULVERT $428.78 64 1 - 500 LF 10' X 4' BOX CULVERT $373.75 65 1 - 500 LF 10' X 5' BOX CULVERT $412.04 66 1 - 500 LF 10' X 7' BOX CULVERT $458.87 Shipment can be made within _ days from receipt of Pipe: 1-2 days o rd e r. Culvert: 3-4 wks *Prices shall be bid F.O.B. Denton Page 4 of 4 DRAFT MINUTES PUBLIC UTILITIES BOARD June 12, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair convened into an Open Meeting on Monday, June 12, 2006, at 9:05 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, George Hopkins, Bill Cheek, Phil Gallivan, John Baines and Bob Bland Absent: Dick Smith, excused Ex Officio Member: Howard Martin, Interim City Manager CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Board Member Bill Cheek pulled item 4 for individual consideration. 1) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two motor pool replacement vehicles for the City of Denton Electric Metering Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3526-Interlocal Agreement for the purchase of Fleet Vehicles for Electric Metering with H-GAC awarded to Philpott Ford in the amount of$37,561). 2) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract for electrical substation connectors for the Hickory Substation; providing for the expenditure of funds therefore; and providing an effective date (Bid 3512-Deutsch Connectors for Hickory Substation 69kV Bay Project awarded to Irby Supply Company in the estimated amount of$34,718). 3) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract with RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3510- Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder, Hanson Pipe and Precast, in the annual estimated amount of $50,000. 5) Consider recommending adoption of an Ordinance authorizing the City Manager to execute change order one to the contract between the City of Denton and Jamail Construction Company; providing for the expenditure of funds therefore; and providing an effective date (Ordinance No. 2005-187; File 3356-Design!Build of Landfill Scale House awarded to J amail Construction Company in the not to exceed amount of $296,316 and Change Order One in the amount of$38,870 for a total amount of$335,186. Board Member George Hopkins moved to approved Items 1, 2, 3 and 5 with a second from Board Member John Baines. The motion was approved by a vote of 6-0. AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 AGENDA DATE: June 20,2006 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for electrical substation connectors for the Hickory Substation; providing for the expenditure of funds therefor; and providing an effective date (Bid 3512-Deutsch Connectors for Hickory Substation 69kV Bay Project awarded to Irby Supply Company in the estimated amount of $34,718). The Public Utilities Board recommends approval (6-0). BID INFORMATION This bid is to supply electrical substation connectors for Denton Municipal Electric (DME) and more specifically, Deutsch connectors and terminals that are required to connect electrical conductors to the high voltage aluminum substation bus. The Capital Improvement Plan contains projects to provide a new power source to the west side of the 69kV transmission loop. The Hickory Substation is an existing substation located at the intersection of Bonnie Brae and Hickory Streets. The Hickory Substation is the location where a new transmission line originating from the Iron Horse Interchange will be connected into the 69kV loop. It is necessary to modify the Hickory Substation to accommodate this third transmission line. DME cannot complete the Hickory Substation 69kV Bay project without the purchase of aluminum substation bus connectors. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its June 12, 2006 meeting. RECOMMENDATION Award to Irby Supply Company in the estimated amount of$34,718. PRINCIPAL PLACE OF BUSINESS Irby Supply Company F ort Worth, TX Agenda Information Sheet June 20, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT The estimated delivery time for these items is six to eight weeks. FISCAL INFORMATION This project will be funded from account 600128492.1350.3530. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AIS-Bid 3512 c Q) E ..c u jg ~ .... U ~ o I- D. > m ta > ~ en \0 C o .- .... m .... ~ .c ::::J ~ > I- o ~ u .- ::J: I- o \I- \O~ 01- 00 NtJ .....~ MC NNC .... > 0 anmU M~J: U ~ .. ~ ~W.... CI-::::J ....<C~ taCC ~ o e z w > <<n > G)- .c c. enC. ::::I ::::I ::E:tn ~ o e z w > ~ o e z w > .c ... o ..., >u I- .c~ 0)( 1-c.~1- .... c. ..., ::::I I- tn .f ~ o e z w > ...i .c ... <<n ..., l- e U 0 o c ~)( ~.... ..., I- G) I- ~ .f z o .... I- a. .... ~ U tn W e ~ en .E fa ..., fa U >= I- 0' ~ w I- .... "C ..., ...I G) C .c u G) I- )( I- .c ... ..., c .;: o U .c ... ..., I- 0)( ~I- ..., I- o LL <<n <<n G) c <<n ::::I I:C 'I- o G) U fa ii: ~ c. .u c .;: a. C ~~ ...0... --.J<( <e...~ >-w :CZ E Cl) Cl)0 ~=f <(""'" ~~ Ul - tt::LL o 0 ..j..J c'" Cl) l:J .Q :0 &. ~aTI Cl) ._ 1-U..c 0.. <( ~ E <( = 00""," uO).......... ... Lf) (V) co M ... C ...Cl) .- l:J ~ ~2$ Cl)~= ~o...""," o N ""'" ""'"~ 0)0 ~o --.JO) 0...Lf) UM Lf) r---. r---. ""'" -vr o o o Lf) -vr o N \0 ""'" -vr o N r---. ""'" -vr --.J I<(TI 1- 2(J)..c co...~ ~(J)""," .......... ... N (V) ~ ~ l:J'" ~ E~&. Cl) 1- Cl) Cl) l:J'" ~ s ~ Cl) .- ooC~$ 1 0 \0 Ul a... ""'" C C OJ ~ ~ l:J'" Ex... cu ~ W --.J a... l:J<(<( >- Cl) ...~ Qj Q)~w .~ cu.o Z Cl) S E Cl) o (J) ~ 0 1- ... Ul I l:J 0<( 1 2 tJ l:J ""'" E ~ E ~ ~ C 1- u:::: l:J Ul OOocu W U LL ..j..J a... Lf) o o o \0 N~ ~M --.Jw 0...\0 ""'" \0 M N (V) ""'" M Lf) -vr o Lf) 00 (V) Lf) -vr Lf) Lf) r---. 0) ""'" -vr o \0 00 o Lf) -vr Cl) .g0)~ ~~~ oU::::~ LL... B ""'" --.J.......... ~<((V) ~ E Cl) 1- Cl) Cl) S ~ 00 C ION \OUl.......... .. ~ ~ ~ Cl) 0.. (V) ... E X ...l:J ~w~&. ~~~<( Cl) Q) 0: ~ > cu w ~ s.~ Z O(J)~Cl) l:J 1-... --.J ... 0 2B<(=f cu ~ ..j..J ... ""'" E C ~ Q) ~ cLL Cl:J LYl8B.3&. (J)~ 0...0... (J)~ $ Lf) o M 00) \01 N~ ~M --.Jw 0...\0 0) N N (V) ""'" M Lf) -vr o Lf) 00 (V) Lf) -vr Lf) Lf) r---. 0) ""'" -vr o \0 00 o Lf) -vr l:J cu a... C<( l:J~~ Cl) w E --.J'" z ~ 0<( Cl) Cl) LL ..j..J ... 0 Cl) ~ CUI s2U::::~ N C 0 M Cl)..j..J ~ IUCl)- ~<(.oLLl:J ..~~B&. Cl)w1---.J~ EZo<(u ~ ~~...(J)~ ~-ccuo... .~ ~ .CE- u) ~ o 1- = (V) ~ a... Cl) ~ l:J'" 1-... ~ M cu ~ B~~o... ..j..J u.o ... Cl) cu Cl) E l:J ~ E ~ ~ 2 $ Ul 0 Ul cu WU<(o:~ Lf) o o Lf) 00 M ~~ --.Jco 0...\0 0) (V) 0) 0) 0) 0) -vr M r---. ""'" o M -vr ""'" r---. \0 0) -vr o 00 00 0) -vr 0) ""'" Ul ~ Cl) Cl) s 00 1 \0 Cl) Cl) Q) ~ C Q) <( C Cl) l:J~O cu ... 0 0...--.J0)l:J Cl) <( Cl) cu Cl) ..j..J'" 0 a... ~~ITI Cl) LL ~ .- o 0 ..c 0..j..J..j..J~ 0) Cl) ~ = .oLL""," <(:Jo.......... ~~..j..J(V) w 1- --.J ~ ... ZO<(ro ~ LL . a... o _... (J) Cl) -ccua.:l:J Cl) C ..- s .E (J) $ ~QjN~ ...~ ~ ... 0>-1l:J tJ:C~&. Cl)El:J<( ~ ~ 2 ~ OUlCUW u<(O:z . . Cl) E ~ >- 1- Cl) .~ Cl) o l:J Cl) ..j..J cu E ~ Ul w Lf) o o r---. 00 M ~~ --.Jco 0...\0 \0 00 r---. o M -vr ""'" 0) N M M -vr ""'" (V) ""'" o M -vr o \0 \0 o M -vr ..q ~ o (1) 0) co a. Ul ~ Cl) Cl) s 00 1 \0 . . Cl) E ~ >- 1- Cl) .~ Cl) o l:J Cl) ..j..J cu E ~ Ul w 0) Lf) c Q) E ..c u jg ~ ~ o c z w > ~ > G)- .c c. enC. ::::I ::::I ::E:~ ~ o c z w > ~ o c z w > .c ... o ..., >u I- .c~ 0)( 1-c.~1- .... c. ..., ::::I I- ~ .f ~ o c z w > ...:; ~ C U o c ~.... ..., G) I- ~ .f z o .... I- a. .... ~ U ~ w C ~ en ..S! fa ..., fa U >= I- 0' ~ w I- .... "tJ ..., ...I G) C .c u G) I- )( I- .c ... ..., c .i: o U .c ... ..., I- 0)( ~I- ..., I- o LL .c ... ..., I- 0)( ~I- ~ ~ G) C ~ ::::I m 'I- o G) U fa E: .!! c. .u c .i: a. N ~ "0'" 1 co (V) a.. Q) ... Q) Q)~:Q 1-+oJS ~~ Oa..N o c ... en~~ E _t a.. .3: <( <( Q) Q)'" ~ .~ :J Wz - Q) 0.. C Q) (/)0- .:::t.~o o 1- I -C2N Q) 0.. +oJ S CO CO O"OU:::: a..<(0 1- ... Q) +oJ o ~ --.J +oJQ)<( U > Q) Ul ~ C o ~ u~ "0 CO a.. .:::t. U ..c (/)~ a..""," ......... (/)(V) l..[") o o l..[") N T"""'I~ ~T"""'I --.JW a.. \..0 (V) ""'" en en -tit- N T"""'I ""'" o T"""'I -tit- o N \..0 en -tit- o (V) 00 en -tit- --.J.:::t. Q) <( .~ ~N~ Q) ~- Q) I~ O(V)......... o (V) en "0'" ..cQ)"O ~~tJ~ Q) Sa: Q) Q) Q) c"O S U ~ S 00 0.. J:> (/) Q)'" = :J""'" --.J'" Q) ... Q) <( C ~ ~ _~l~ a- o 1- <( ~-c2~ Q) Q) 0.. W .~ S CO Z Q) 6:~~ o Q) 0 "0 0'" ~ f 2 +oJ Q) ""'" CO uQ) > +oJ E Ul CO ~ ~ c u:::: "0 Ul o~oco W U~+oJa.. l..[") o o l..[")~ T"""'IN T"""'I W ~N --.J--.J a.. \..0 \..0 \..0 o (V) r-.... o T"""'I -tit- l..[") (V) N T"""'I T"""'I -tit- o 00 (V) o T"""'I -tit- o T"""'I \..0 o T"""'I -tit- Q)'" "0 NS ......... T"""'I = 01""," S (V) ... ~ "O...~ ..c Q) CO ~+oJa.. s~<( Q)a..~ ucw ~~z (/) Ul'" ~ Q) --.J'" ~ ~ E <(a.. 1 L .:::t. ... 1- ""'" r- 0 Q) ............ ~ -cb.~ Q) Q)coo .~ s"O +oJ o<(c"O ~ a.. co:J~ 1-... . ~ 0::: .:::t. "0 0"0 --.J U 2 tJ.a <( ..c E ~~vl~ c Q) . o c a.. ""'" U~vlM Ul .:::t. Q) Q) s 00 1 \..0 ~ Ul W l..[") o o N T"""'I T"""'I~ ~N --.JW a.. \..0 \..0 T"""'I r-.... 00 (V) ""'" ""'" T"""'I -tit- 00 T"""'I T"""'I l..[") T"""'I -tit- 00 \..0 en (V) T"""'I -tit- o r-.... N ""'" T"""'I -tit- r-.... 00 Ul .:::t. Q) Q) s 00 1 \..0 Q) E ~ >- 1- Q) .~ Q) o "0 Q) +oJ CO E ~ Ul W N ......... T"""'I 1 (V) --.J'" <( s o ..0 W Q) Q) 1- Q) Q) o o en .:::t. o --.J 1- Q) S o a.. 1- ... O--.J tJ<( Q) c(/) 6 a.. U(/) T"""'I T"""'I o T"""'I T"""'I -tit- en N l..[") T"""'I T"""'I -tit- ""'" l..[") \..0 o T"""'I -tit- o 00 00 o T"""'I -tit- l..[") o o o ""'" T"""'I ~""'" --.JW a.. \..0 N N en --.J'" <( s o ..0 W Q) Q) 1- Q) Q) o Q) l..[") E ""'" ~ ~ >- --.J 1- 1- Q) Q) .~ s Q) 0 o a.. "0 Q) +oJ CO E ~ Ul W Ul .:::t. Q) Q) s 00 1 \..0 N ......... T"""'I 1 (V) 1- ... O--.J tJ<( Q) c(/) 6 a.. U(/) \..0 o T"""'I N T"""'I -tit- \..0 r-.... \..0 N T"""'I -tit- N T"""'I r-.... T"""'I T"""'I -tit- o r-.... en T"""'I T"""'I -tit- l..[") o o o ""'" T"""'I ~N --.JW a.. \..0 00 o T"""'I Ul .:::t. Q) Q) s 00 1 \..0 Q) E ~ >- 1- Q) .~ Q) o "0 Q) +oJ CO E ~ Ul W "0 Q) U :J "0 Q) O:::w --.J'" ~ <(a.. ...--.J ~<( o..(/) (/)a.: 1- Q)(/) U -5 (V) Q) 0 0::: +oJ .:::t.--.J 0<( --.J 1-(/) Q)a.. S O(/) a.. 1-... ~ OT"""'l +oJ 1 ~(V) ~ E o 0 UJ:: (V) 00 en o T"""'I -tit- o o l..[") T"""'I T"""'I -tit- l..[") N \..0 o T"""'I -tit- o \..0 00 o T"""'I -tit- ..q ~ o N (1) 0) co a. Ul .:::t. Q) Q) S 00 1 \..0 Q) E ~ >- 1- Q) .~ Q) o "0 Q) +oJ CO E ~ Ul W ""'" o o T"""'I o T"""'I ~\..O --.Jl..[") a.. 00 en T"""'I T"""'I c Q) E ..c u jg ~ ~ o c z w > ~ > G)- .c c. enC. ::::I ::::I ::E:~ ~ o c z w > ~ o c z w > .c ... o ..., >u I- .c~ 0)( 1-c.~1- .... c. ..., ::::I I- ~ .f ~ o c z w > ...:; ~ C U o c ~.... ..., G) I- ~ .f z o .... I- a. .... ~ U ~ w C ~ en ..S! fa ..., fa U >= I- 0' ~ w I- .... "tJ ..., ...I G) C .c u G) I- )( I- .c ... ..., c .i: o U .c ... ..., I- 0)( ~I- ..., I- o LL .c ... ..., I- 0)( ~I- 1 (V) -,j' <(~ ...LL t:l:J o .- 0..Q1 0.0::: :J (J) ~ ~ G) C ~ ::::I m 'I- o G) U fa E: .!! c. .u c .i: a. ro C o ..j..J N .C o I .:::t. o ....J L Q) Sl..{")~ a...o ............. ....J(V) t:'" ~ Vl'" 8. ~ ~ 0. a... ~ ~u)B Vl N 0. :J..........O' COT"""'l<( L o Q) 0. ..j..J ro (J)a: ~... ~ ~~ U.:::t. .:!:: U O..c CO~ I..{") o o T"""'I N NN ~T"""'I ....JW a... \..0 (V) 00 en o N -tit- T"""'I r---. en T"""'I N -tit- en en N o N -tit- o I..{") r---. o N -tit- 00 N N T"""'I N Vl .:::t. Q) Q) S 00 1 \..0 Q) E ~ >- L Q) .~ Q) o l:J Q) ..j..J ro E ~ Vl W .....j..J o.ro ~u: Q)~l:J O~~ =fU.:::t. NUu Q)<(..c l:J<(~ ~~~ I..{")M- NT"""'I o ... l:J ..j..Jl:Jro c2a... :J ~ Q) o:::a...~ Q)CS .n ~ = ro ... N U ~ l:J'" C ...ro roca... ~ .Q <( ~~~ o.Q)w (J) ~Z Q)'" E ~ Q) 0 0 ~UI o N T"""'I I..{")~ ena ~a ....Jen a... I..{") UT"""'I 00 \..0 T"""'I o T"""'I -tit- r---. """ \..0 o T"""'I -tit- r---. (V) 00 en -tit- o I..{") o o T"""'I -tit- N T"""'I (V) T"""'I Vl .:::t. Q) Q) s 00 1 \..0 Q) E ~ >- L Q) .~ Q) o l:J Q) ..j..J ro E ~ Vl W C ~~ ....J ... a... <(<( ...~ >-W :oz E Q) ~o VlI <(N ..j..J..j..J ~ ro tt::U: o 0 .....j..J C Q) .Q :0 Vl ro ~U Lo::: E~l:J O<(~ Ua.:::t. ............. u CO T"""'I .- C l:J'" ~ E Q) - L~OO Q) - .......... ~a...(V) o N o N~ ena ~N ....Ja a... 0 Ua o """ \..0 N -tit- I..{") \..0 r---. N -tit- I..{") I..{") I..{") N -tit- o T"""'I \..0 N -tit- """ (V) """ T"""'I Vl .:::t. Q) Q) s 00 1 \..0 Q) E ~ >- L Q) .~ Q) o l:J Q) ..j..J ro E ~ Vl W N~ ....J ... (V) <( c'" ..j..J'" . Q L ..j..J o ro o.u 0.= :J 0. (J)~ ro..j..J cu::: o t:jl:J . C 01 002 I .:::t. Q) ... OU ....J L Qju S.:!:: o 0 Q) a...CO~ t:u,a... o ... Q) 0.....J Vl g-<(~ (J)u).:::t. Vl a.: .~ :J ...c CO(J)~ I..{") 00 \..0 \..0 T"""'I -tit- T"""'I r---. """ r---. T"""'I -tit- N """ T"""'I \..0 T"""'I -tit- o o I..{") \..0 T"""'I -tit- C E....J ro<( L :J(J) ~a.: ~u) UN W.......-... WT"""'I ~'-" ....J ... .8 <( C .:::t.... . CO Q) ~ ~ E L....J ~ Q) <( >- s . Qj 6: ~ .~ L... ~ 0. Q) .8 (J) ro o U N ~ l:J Q).......... Q) Q) C T"""'I Q) ..j..J C 1 L E 8 ~ ~ ~ Q) 0 0 Vl Q) L 0 W ~\l-en Vl .:::t. Q) Q) s 00 1 \..0 (V) o o T"""'I N NN ~T"""'I ....JW a...N o T"""'I I..{") T"""'I (V) o o o I..{") T"""'I T"""'I W ~\..O ....JI..{") a...N o T"""'I en T"""'I T"""'I -tit- T"""'I r---. """ N T"""'I -tit- N N I..{") T"""'I T"""'I -tit- o r---. r---. T"""'I T"""'I -tit- o T"""'I \..0 T"""'I Vl .:::t. Q) Q) s 00 1 \..0 Q) E ~ >- L Q) .~ Q) o l:J Q) ..j..J ro E ~ Vl W C .- <( ~...~ ....Jw <(z ... Q) >-- :o~ E 1 Q)",," Vl..j..J Vl ro ::u: ~.8l:J tt:: ro o~a... ... ro ~ ~U..c .Vi U ~ Vl<(= Q)<(",," La.......... 0. en (V) E I..{") ... o T"""'I Q) U l:J _"'N~ ro'-" C l:J'" ~ E Q) ... Qj~~ ~a...a... o N """~ \..0",," ena ~a ....Jen a... I..{") UT"""'I r---. (V) 00 r---. -tit- \..0 o N 00 -tit- N 00 I..{") r---. -tit- o I..{") r---. r---. -tit- ..q ~ o cry (1) 0) co a. Vl .:::t. Q) Q) s 00 1 \..0 Q) E ~ >- L Q) .~ Q) o l:J Q) ..j..J ro E ~ Vl W 00 N r---. T"""'I c Q) E ..c u jg ~ ~ o e z w > ~ > G)- .c c. enC. ::::I ::::I ::E:~ ~ o e z w > ~ o e z w > .c ... o ..., >u I- .c~ 0)( 1-c.~1- .... c. ..., ::::I I- ~ .f ~ o e z w > ...:; .c ... ~ ..., l- e U 0 o c ~)( ~.... ..., I- G) I- ~ .f z o .... I- a. .... ~ U ~ w e ~ en ..S! fa ..., fa U >= I- 0' ~ w I- .... "tJ ..., ...I G) C .c u G) I- )( I- .c ... ..., c .i: o U .c ... ..., I- 0)( ~I- ..., I- o LL ~ ~ G) c ~ ::::I m 'I- o G) U fa E: .!! c. .u c .i: a. N "Oc-g Q)~a... E -.J~ ~ o<(w IT +-I~ Z ID ~ Q) +-ILL- Coo Q)+-II UQ)N <(..0+-1 ~ :J co w~u::-g Zooa... .:::t.\.I-+-I.:::t. o ~-.J u -cro<(..c Q) C . ~ s.E ~ o 1- a... N a... Q) .::::r ~ ~ (J) o >-= "0 tJ:oNco Q) E "0 ~ a... C Q) Q) Q) 5~~:Q u<(O:::$ (V') o l.f) l.f) 00 T"""'I ~ -.J~ a...N N T"""'I T"""'I l.f) -tit- (V') l.f) (V') l.f) -tit- \..0 """ 0'\ """ -tit- o l.f) o l.f) -tit- o T"""'I 00 T"""'I N -.J~ <( s~ Ul 0 .:::t. ..0 Q) W Q) Q) S Q) 00 1- 1 ~ ~ 0 Q) l.f) E """ ~ ~ >- -.J 1- 1- Q) Q) .~ S Q) 0 o a... "0 Q) +-I co E ~ Ul w 1- ~ o-.J tJ<( Q) c(J) 5 a... U(J) (V') o o o """ T"""'I ~N -.JW a...N l.f) o l.f) l.f) -tit- """ r---. r---. l.f) -tit- \..0 N (V') l.f) -tit- o """ """ l.f) -tit- >- ~ U Q) ..c +-I Q) 0 ..c +-I +-I >-Q:; Ul ..0 Ul .:::t. ~ 0 ~ 0 +-I S +-1"0 ~~<( ~ E.~ ~ Ul ..c 1- - o C ~ co :J ('.. "0 +-I C Q) UlUO +-I co +-I co 1- \.I- C E Q):JQ) ~ :g ~ 0 LYl co E'O 00 0'\ T"""'I Ul Q) >- Ul Q) >- Ul Q) >- Ul Q) >- ..q ~ o ..q (1) 0) co a. C o +-I C Q) o co o LL "0 ..0 Q) ..0 co ..c Ul Ul Q) U .C a... * ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL CONTRACT FOR ELECTRICAL SUBSTATION CONNECTORS FOR THE HICKORY SUBSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3512-DEUTSCH CONNECTORS FOR HICKORY SUBSTATION 69KV BAY PROJECT AWARDED TO IRBY SUPPLY COMPANY IN THE ESTIMATED AMOUNT OF $34,718). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3512 1-19 Irby Supply Company Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3512 Exhibit A BID # 3512 DATE: May 23, 2006 Deutsch Connectors for Hickor Substation 69kV Ba Irby SupplyCo. Principle Place of Business: Fort Worth, TX Terminal, Compression, Offset Assembly, AL, Tin CPLK9442D Plated, 1590AAC Cable to Flat 4-Hole NEMA Pad, 1 64 15900T 4" Wide, 3/4" Thick Pad $46.20 Estimated Delivery Time: 6-8 weeks Connector, Swaged Expansion Terminal, Center- Formed Assembly, AL, Tin Plated, 3-1/2" S.P.S. AL 2 9 PLK2600D5 to Flat 4-Hole NEMA Pad, 4" Wide Pad, 3/4" Thick $497.55 6E1T Pad Estimated Delivery Time: 6-8 weeks Connector, Swaged Expansion Terminal, For Tube to Flat, AL, Tin Plated, 3-1/2" S.P.S. AL to Flat 9" 3 9 PLK2601D5 Long 4-Hole NEMA Pad, 4" Wide Pad, 3/4" Thick $497.55 6E1T-9 Pad Estimated Delivery Time: 10-12 weeks Connector, PowerLok NEMA Center-Formed Assembly Terminal, For Tube to Flat, AL, Tin 4 9 PLK1850D5 Plated, 3-1/2" S.P.S. AL to Flat 4-Hole NEMA Pad, $96.74 6BT 4" Wide Pad, 3/4" Thick Pad Estimated Delivery Time: 6-8 weeks Connector, PowerLok NEMA 90Degree Pad Angle Assembly Terminal, For Tube to Flat, AL, Tin 5 9 PLK1870D5 Plated, 3-1/2" S.P.S. AL to Flat 4-Hole 90Degree $104.34 6BT NEMA Pad, 4" Wide Pad, 3/4" Thick Pad Estimated Delivery Time: 6-8 weeks Connector, PowerLok Splice with 90Degree Transverse Adapter Tongue, AL, Tin Plated, 3-1/2" 6 6 PLK1250D5 S.P.S. AL to Flat 2-Hole NEMA Pad, 2" Wide Pad, $96.20 6E1T 3/4" Th ick Pad Estimated Delivery Time: 6-8 weeks Connector, PowerLok, AL, Splice with 90Degree Transverse Adapter Tongue, Tin Plated, 3-1/2" AL 7 16 PLKl150D5 to Flat 4-Hole NEMA Pad, 4" Wide Pad, 3/4" Thick $103.80 6L2E2T Pad Estimated Delivery Time: 6-8 weeks Page 1 of 3 Exhibit A Irby SupplyCo. Principle Place of Business: Fort Worth, TX Connector, PowerLok, AL, Splice with Two Longtitudinal Adapter Pads, Tin Plated, 3-1/2" 8 7 PLKl120D5 S.P.S. AL Run to (2) 4-Hole NEMA Pads, 4" Wide, $139.68 6E2T 3/4" Th ick Pad Estimated Delivery Time:6-8 weeks Connector, PowerLok 90Degree Elbow, AL, 3-1/2" 9 22 PLK1400D5 S.P.S. AL $106.54 6E4 Estimated Delivery Time: 6-8 weeks Connector, PowerLok 45Degree Elbow, AL, 3-1/2" 10 8 PLK1400D5 S.P.S. AL $117.12 6E2 Estimated Delivery Time: 6-8 weeks Connector, PowerLok Reducer Splice, AL, Reduced 11 9 PLK10l0D4 from 3-1/2" S.P.S. AL to 3" S.P.S. AL PIPE $106.25 856 Estimated Delivery Time: 6-8 weeks Bus Support, PowerLok Horiztonal Support, AL, 3- PLK2210D5 1/2" S.P.S. AL, 5" Bolt Circle, Slip or Rigid Fit 12 28 6E12 Applications, 3/4" Thick Base Plate $202.99 Estimated Delivery Time: 6-8 weeks Tee, Split Main Cable Run to 2" Wide 2-Hole Tap, CPLK9512D Compression, AL, Tin Plated, 1590AAC Cable Flat 2 13 12 15900T Hole NEMA Pad, 2" Wide Pad, 3/4" Thick Pad $98.37 Estimated Delivery Time: 6-8 weeks Terminal, Compression, Offset Assembly, AL, Tin CPLK9202D Plated, 1/0ACSR Cable to Flat 2-Hole NEMA Pad, 14 34 00020T 3/8" Th ick Pad $25.55 Estimated Delivery Time: 6-8 weeks Bus Support, PowerLok Horiztonal Support, AL, 2" PLK2210D3 S.P.S. AL, 5" Bolt Circle, Rigid Fit Application, 3/4" 15 10 2E12 Thick Base Plate $161.42 Estimated Delivery Time: 6-8 weeks Tee Connector, PowerLok, AL, TEE Configuration PLK1500D3 from 3-1/2" S.P.S. AL Main to (1) 2" S.P.S. AL 16 10 256El 90Degree Tap $115.22 Estimated Delivery Time: 6-8 weeks Page 2 of 3 Exhibit A Principle Place of Business: 17 28 Terminal, Compression, Offset Assembly, AL, Tin CPLK9642D Plated, (2) 1590AAC Cable to Flat 4-Hole NEMA 159004T Pad, 4" Wide, 3/4" Thick Pad 18 Estimated Delivery Time: 6-8 weeks Connector, PowerLok NEMA Center-Formed Assembly Terminal, for Tube to Flat, AL, Tin PLK1855D3 Plated, 2" S.P.S. AL to Flat 2-Hole NEMA Pad, 2" 2T Wide Pad, 1/2" Thick Pad 10 19 Estimated Delivery Time: 6-8 weeks Connector, PowerLok 45 Degree Elbow, AL, 2" PLK1400D3 S.P.S. AL 2E2 8 Irby SupplyCo. Fort Worth, TX $75.82 $49.46 $53.26 Estimated Delivery Time: 6-8 weeks Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City yes of Denton? YES or NO or N/A *Prices shall be bid F.O.B. Denton Page 3 of 3 DRAFT MINUTES PUBLIC UTILITIES BOARD June 12, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair convened into an Open Meeting on Monday, June 12, 2006, at 9:05 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, George Hopkins, Bill Cheek, Phil Gallivan, John Baines and Bob Bland Absent: Dick Smith, excused Ex Officio Member: Howard Martin, Interim City Manager CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Board Member Bill Cheek pulled item 4 for individual consideration. 1) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two motor pool replacement vehicles for the City of Denton Electric Metering Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3526-Interlocal Agreement for the purchase of Fleet Vehicles for Electric Metering with H-GAC awarded to Philpott Ford in the amount of$37,561). 2) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract for electrical substation connectors for the Hickory Substation; providing for the expenditure of funds therefore; and providing an effective date (Bid 3512-Deutsch Connectors for Hickory Substation 69kV Bay Project awarded to Irby Supply Company in the estimated amount of$34,718). 3) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract with RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3510- Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder, Hanson Pipe and Precast, in the annual estimated amount of $50,000. 5) Consider recommending adoption of an Ordinance authorizing the City Manager to execute change order one to the contract between the City of Denton and Jamail Construction Company; providing for the expenditure of funds therefore; and providing an effective date (Ordinance No. 2005-187; File 3356-Design!Build of Landfill Scale House awarded to J amail Construction Company in the not to exceed amount of $296,316 and Change Order One in the amount of$38,870 for a total amount of$335,186. Board Member George Hopkins moved to approved Items 1, 2, 3 and 5 with a second from Board Member John Baines. The motion was approved by a vote of 6-0. AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8044 AGENDA DATE: June 20,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute change order one to the contract between the City of Denton and Jamail Construction Company; providing for the expenditure of funds therefore; and providing an effective date (Ordinance No. 2005-187; File 3356-Design!Build of Landfill Scale House awarded to Jamail Construction Company in the not to exceed amount of $296,316 and Change Order One in the amount of $38,870 for a total amount of$335,186). The Public Utilities Board recommends approval (6-0). CHANGE ORDER INFORMATION During the permit process of the expanded landfill area (1590A), the replacement of the landfill scale house was planned, along with a relocation of the entrance road. Solid Waste Department staff met with the City's design build contractor, Jamail Construction Company, and discussed the Department's project utilizing a design!build process. Following meetings to discuss the City's needs, Jamail Construction prepared a preliminary design and submitted estimated costs for the scale house design and construction. The scale house construction contract was approved by the Public Utilities Board at their meeting of June 13,2005, and by the City Council at their meeting of July 19,2005. Additional funding in the amount of $38,870 is needed for the development of civil engineering plans and to complete site survey work required for permitting. PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its June 12, 2006 meeting. RECOMMENDATION Approve Change Order One in the amount of $38,870 to Jamail Construction Company increasing the total amount of the contract to $335,186. Agenda Information Sheet June 20, 2006 Page 2 PRINCIPAL PLACE OF BUSINESS Jamail Construction Company Grand Prairie, TX ESTIMATED SCHEDULE OF PROJECT Completion of this project is estimated to be 120 days after the notice to proceed and completion of the permitting process. FISCAL IMPACT Funding for this Change Order will come from account number 660023583.1360.30100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Change Order One l-AIS-RFP 3356Change Order One Attachment 1 CHANGE ORDER From Contractor Jamail Construction 1430 Regal Row Suite 320 Dallas, TX 75247 Change Order #: Date: Job: 1 5/24/06 05-05-0108 City of Denton Scale House The Contract is changed as follows: Additional funds needed to develop civil plans and do survey work. Base Estimate to provide civil engineering and site plans for City inspections, submittals, and slirVey work. Negotiated Discounts Total Estimate $ 46,000.00 $ 7,130.00 $ 38,870.00 TOTAL $ 38~870.00 The original contract amount was. . ~ . ~ · · . . . . . . . . . . . . . · · . . . . . ~ ~ . . . . . . · . . . . . . . .. ............ . . . Net change by previosly authorized change orders. . . . . . . . . . . . · . . . . . . . . . ~ . . · ~ . . . . · ~ · . . · · . . . The contract amount prior to this change order was. . . . . ~ . . . . . . . . · · . . ~ . . . · · · . . 4 · · · . . . . · . . . The contract will be increased by this change order in the amount of. . . · ' . . . . . · . . . . . · · . . The new contract amount, including this change order will... ... ... ... ... . ... ... ... ... ... $ 296,316.00 $- $ 296,316.00 $ 38,870.00 $ 335,186.00 CONTRACTOR Jamail Construction David Gena Signed OWNER City of Denton ~~ Date Signed Date ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAMAIL CONSTRUCTION COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO. 2005-187; FILE 3356-DESIGN/BUILD OF LANDFILL SCALE HOUSE AWARDED TO JAMAIL CONSTRUCTION COMPANY IN THE NOT TO EXCEED AMOUNT OF $296,316 AND CHANGE ORDER ONE IN THE AMOUNT OF $38,870 FOR A TOTAL AMOUNT OF $335,186). WHEREAS, on July 19,2005 by Ordinance No. 2005-187, the City awarded a design!build contract to J amail Construction Company in the amount of $296,316 for the construction of a replacement landfill scale house; and WHEREAS, the Staffhaving recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. One, increasing the amount of the professional services agreement between the City and which is on file in the office of the Purchasing Agent, in the amount of Thirty Eight Thousand Eight Hundred Seventy and 0/100 ($38,870) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $335,186. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-RFSP 3356 Change Or r e Page 2 of2 DRAFT MINUTES PUBLIC UTILITIES BOARD June 12, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair convened into an Open Meeting on Monday, June 12, 2006, at 9:05 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, George Hopkins, Bill Cheek, Phil Gallivan, John Baines and Bob Bland Absent: Dick Smith, excused Ex Officio Member: Howard Martin, Interim City Manager CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Board Member Bill Cheek pulled item 4 for individual consideration. 1) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two motor pool replacement vehicles for the City of Denton Electric Metering Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3526-Interlocal Agreement for the purchase of Fleet Vehicles for Electric Metering with H-GAC awarded to Philpott Ford in the amount of$37,561). 2) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract for electrical substation connectors for the Hickory Substation; providing for the expenditure of funds therefore; and providing an effective date (Bid 3512-Deutsch Connectors for Hickory Substation 69kV Bay Project awarded to Irby Supply Company in the estimated amount of$34,718). 3) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract with RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3510- Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder, Hanson Pipe and Precast, in the annual estimated amount of $50,000. 5) Consider recommending adoption of an Ordinance authorizing the City Manager to execute change order one to the contract between the City of Denton and Jamail Construction Company; providing for the expenditure of funds therefore; and providing an effective date (Ordinance No. 2005-187; File 3356-Design!Build of Landfill Scale House awarded to J amail Construction Company in the not to exceed amount of $296,316 and Change Order One in the amount of$38,870 for a total amount of$335,186. Board Member George Hopkins moved to approved Items 1, 2, 3 and 5 with a second from Board Member John Baines. The motion was approved by a vote of 6-0. AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 AGENDA DATE: June 20,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two motor pool replacement vehicles for the City of Denton Electric Metering Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3526-Interlocal Agreement for the purchase of Fleet Vehicles for Electric Metering with H-GAC awarded to Philpott Ford in the amount of $37,561). The Public Utilities Board recommends approval (6-0). BID INFORMATION This acquisition is for two motor pool replacement vehicles. The ~ ton pickup replaces a similar 1997 unit and the % ton pickup replaces a 1996 unit. The two old units will be taken out of service and sold at auction. All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EP A standards. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its June 12, 2006 meeting. RECOMMENDATION Award to Philpott Ford in the amount of $37,561 as reflected on the H-GAC pricing sheets included as Attachment 1. PRINCIPAL PLACE OF BUSINESS Philpott Ford Nederland, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 60-90 days of receipt of an order. Agenda Information sheet June 20, 2006 Page 2 FISCAL INFORMATION The acquisition of these units will be funded from motor pool replacement funds. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: H-GAC Pricing sheets l-AIS-File 3526 Attachment 1 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 19- May-06 Prod u ct Description: FORD F250 PICKUP A. Bid Series: 11 A. Base Price: I $ 13,741.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price XL SERIES INCL 86T RECEIVER HITCH $ 166.00 5.4L V8 GAS INCL 52B TOWCOMMAND FACTORY $ 21 8.00 MANUAL TRANSMISSION INCL INTEGRA TED ELECTRIC BRAKE SINGLE REAR WHEEL lNeL CONTROLLER TRA.ILER TOW PACKAGE INCL 63B ST ABILIZER PACKAGE $ 109.00 Ale AND HEAT INCL 07FSC 2007 MODEL UPGRADE $ 1,348.00 AM-FM RADIO INCL GPC ADJUSTMENT INCL VINYL SEAT INCL FUEL-STEEL SURCHARGE INCL 44T 5-SPEE"D AUTOMATIC $ 1,202.00 X3L LIMITED SLIP AXLE $ 285.00 TE VINYL 40-20-40 SEAT $ 380.00 99P DIESEL UPGRADE $ 4,132.00 63H 140 AMP ALTERNATOR $ 71.00 Total ofB. Published options:1 $ 7,911.00 I c. Unpublished Options [Itemize each below, not to exceed 25%] $= 1. 5 0/0 Options Bid Price Options Bid Price PINTLE COMBO WITH 2 5/16 BALL $ 195.00 1 EXTRA KEY $ 5.00 UNDERHOOD LIGHT $ 65.00 6-PIN TRA.ILER PLUG BUMPER MOUNTED $ 59.00 NEW ORDER-ESTIMATED DELIVERY NOTE IN 90 DAYS A.R.O. Total of C. Unpublished Options $ 324.00 I D. Contract Price Adjustment: E. Delivery Ch arges: o miles @ $.93/mile $ G. Quantity Ordered xF= $ 21,976.00 I $ 21,976.00 I $400.00 PER PURCHASE ORDER $ 400.00 I I F. Total of A + B + C + D + E = F H. BUYBOARD Administrative Fee L Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUY BOARD FEE $ 22,376.00 I CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 End User: CITY OF DENTON Con tact: MIKE ELLI S Product Description: FORD F150 REGULAR CAB Philpott Rep: ALAN WILEY Date: 19- May-06 A~ Bid Series: 8 A. Base Price: I $ 12,661.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price REGULAR CAB INCL 7126 2007 MODEL WITH 126uWB $ 1,400.00 4.6L V8 GAS INCL SHORT BED 6 1/2 FOOT AUTOMATIC INCL GOVERNMENT CONCESSION FULL SIZE SPARE TIRE INCL ADJUSTMENT Ale AND HEAT INCL VINYL SPLIT BENCH SEAT INCL REAR BUMPER INCL ST ANDARD BUMPERS INCL AM-FM RADIO INCL DELIVERY INCL LONG BED INCL FSC FUEL-STEEL SURCHARGE $ 562.00 Total of B. Published Options:1 $ 1,962.00 I c. Unpublished Options [Itemize each below, not to exceed 250/0} $= 1. 1 0/0 Options Bid Price Options Bid Price HOUR METER $ 97.00 .UNDER HOOD LIGHT $ 65.00 ESTIMATED DELIVERY IN 90-120 DAYS Total of C. Unpublished Options. $ 162..00 D. Contract Price Adjustment: E~ Delivery Charges: o miles @ $..93/mile $ F. Total of A + B + C + D + E = F $ 14,785.00 G. Qu a ntity 0 rd ered xF= $ 14,785..00 H. BUYBOARD Administrative Fee $400..00 PER PURCHASE ORDER $ 400..00 I. Non.. Eq ui p Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 15,185..00 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF TWO MOTOR POOL REPLACEMENT VEHICLES FOR THE CITY OF DENTON ELECTRC METERING DIVISION BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3526- INTERLOCAL AGREEMENT FOR THE PURCHASE OF FLEET VEHICLES FOR ELECTRIC METERING WITH H-GAC AWARDED TO PHILPOTT FORD IN THE AMOUNT OF $37,561). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3526 Philpott Ford $37,561 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3526 ~ DRAFT MINUTES PUBLIC UTILITIES BOARD June 12, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair convened into an Open Meeting on Monday, June 12, 2006, at 9:05 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Newell, George Hopkins, Bill Cheek, Phil Gallivan, John Baines and Bob Bland Absent: Dick Smith, excused Ex Officio Member: Howard Martin, Interim City Manager CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Board Member Bill Cheek pulled item 4 for individual consideration. 1) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two motor pool replacement vehicles for the City of Denton Electric Metering Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3526-Interlocal Agreement for the purchase of Fleet Vehicles for Electric Metering with H-GAC awarded to Philpott Ford in the amount of$37,561). 2) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract for electrical substation connectors for the Hickory Substation; providing for the expenditure of funds therefore; and providing an effective date (Bid 3512-Deutsch Connectors for Hickory Substation 69kV Bay Project awarded to Irby Supply Company in the estimated amount of$34,718). 3) Consider recommending adoption of an Ordinance accepting competitive bids and awarding an annual contract with RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3510- Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder, Hanson Pipe and Precast, in the annual estimated amount of $50,000. 5) Consider recommending adoption of an Ordinance authorizing the City Manager to execute change order one to the contract between the City of Denton and Jamail Construction Company; providing for the expenditure of funds therefore; and providing an effective date (Ordinance No. 2005-187; File 3356-Design!Build of Landfill Scale House awarded to J amail Construction Company in the not to exceed amount of $296,316 and Change Order One in the amount of$38,870 for a total amount of$335,186. Board Member George Hopkins moved to approved Items 1, 2, 3 and 5 with a second from Board Member John Baines. The motion was approved by a vote of 6-0. AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 AGENDA DATE: June 20,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a Heavy Vehicle Lifting System for the City of Denton Fleet Services Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3525-Interlocal Agreement for the purchase of Heavy Vehicle Lifting System for the Fleet Services Division with H-GAC awarded to Automotive Resources, Inc. in the amount of$37,769.61). BACKGROUND INFORMATION This proposal is for the acquisition of a four post heavy vehicle lifting system for the Fleet Services Division. As the City's fleet of large equipment has grown, the ability to service these vehicles has outgrown our existing facility. This mobile unit can be moved around the shop area to an available workstation to better utilize the Fleet Services Facility. The primary use of this lift will be for refuse trucks, fire trucks, and utility vehicles. Pricing is from the Houston-Galveston Area Council (H-GAC) contract and Interlocal Agreement. RECOMMENDATION Award a contract for the purchase of a 60,000 lb. mobile lifting station to Automotive Resources, Inc. (ARI) in the amount of$37,769.61. PRINCIPAL PLACE OF BUSINESS Automotive Resources, Inc. Manassas, VA ESTIMATED SCHEDULE OF PROJECT The lift unit can be shipped and fully assembled within three weeks after receipt of an order. Agenda Information Sheet June 20, 2006 Page 2 FISCAL INFORMATION Funding for this unit will be a combination of the following: Account 820002724.1355.30100 Account 820100.8505 Attachment 1: ARI/H-GAC Contract Quote l-AIS-3525xxxxxx $29,544.33 $ 8~225.28 $37,769.61 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent co o o N CO ~ m :2: ~ C QJ E ..c u ~ ~ L- 1)0 ~c~~ ~ .~ B CiS f".. ill 8. f6 gJ. ~ CD::rO X ... ~(/)o~5 ::21>> ... · Q) ~v i ~u:o~o !I L.. A I J: ~ iIi c: ~ o .c V) rn c .0 .C a.. Q) ..c: I- .1j mro "C ~ OC 00 mU g:a mC u::l cO roO Em CDs.... -;;< >..c: (1)0 0)1;) em ii2:2: =ca 0)(9 =c .go E 1;; . ~~. 1-1 Wo 2(!l ~:x: ...."'0" :::Jc Om C(1) 0- :J rJ}"'C Q)Q) .Q ..c '-0 c...oo ='""C 0...... ~(t'I mO 15m :::::J>.. c-:J om +-"u) ~~ em :;,1- 't..... O:J a.. 0 0-0 0..... Q)~ ~c +o'(tJ ....:J 01/) ...... L- :::JJ 00.. >-. J!! :::J!.~ :e: 0 <<J_ J::..<D 1-.0 :s...:: ~ L- as Q) o :c: Oc ---0 1--;:; C:C1: t--U oil 0' ~ Cf ~I vOC\lLO CDCDOlv <ciNN~ """"" "r"" LO c:c ~LOlO('t) ~N CQ tF.t E (I) - ..... s... UJ m 6i m C)>.E .c: ~ J!! iE<aCl :Jg.e ..!!!Ui= :g.cii ~~m ~o E *0 0_ CJ) I: (U lD ..... :=: c..""" 0 0 (U _.. u.. 0 t)m~""a. ..cil-G):) ...J uf ~ 0 8~~~ 0(\1(1)0 cioo5U (0 ~._ Q) 1;)000 oQ.::Ie ~ g.-g CD ~CI)O::I:! )1 ,. 000 C\l I N I ...J I 0 ~<<?~~. oma..u I<(UJI-' J .. 1: as :f ~ 0.. .,...... ...- ~ - -c-"=t'~~ ~ - --...-' .co.u eiu UCD-;; -It.. 'M. :III = ~COMl H_._ ..n'lI ==..-..... .... III . .~ .=..= .= ;c 'e. - U .....;.,.. ~ CD ai U) ...... ,.: ('f') fA- o .- 11) ...... c m [ ca D.. 04 to !e.4Ju caE..!: co - Oatl (W)UJO ..ca'" o.c ::J ....e~ :2:::1G.1 Qio..D! >'5Cl) c ~ .280 1iiCE ...Cle 0:::1.... ~tn:::J a.!!! < LU o ""'- a:: 0- -J < 1-- o i-- .Q :t cr: a: CJ IdcO ... G> = s:. ~ :::I C- ae..! o >..2 i C'):t::1i= -eCII .tj 15 .- <(> Zii_ .... C G) CD o 00 en. 'Ir'" a. as -.,2001.c Cr"" GJ 0 e ...O:::LL::J tt.. c.. miii:Qj s: & :r:rJ en t:><-ea CDca!GJ I-I-LL...J ":N~~ ~o ZllJd ~ CD ~ E ~ Em ~oC) C"'I-ctt c '>;<0 ~ti~ ~:lm ~mc -0 · ~"i:)) .. ~ Q) <(cr: ..... :C Q) C) c:( C) c: .0 <<Ii .s:::. e =--1:: n.o ..... "'Ot: (DO) NO. .~ ~ o 0 :6~ =:Ii~- <CO o (t) co ~ ~ ~ o ~ ffi t) 0:(1) 5 .2: C) ClJO;: ~mO w-cN ~.~~ i=a..- o 0.. ~ :;0(1) oL>1G 1-"'" c :::>>- 10 m <(~:2: 1.0011) COUlD NN~ CO('l')cq INQ) mCOU"l ('t)1.O." c;'6"~ 000 r:,e~ h 2 ~BtJ 900l Q) ~ ~ Q. u. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A HEAVY VEHICLE LIFTING SYSTEM FOR THE CITY OF DENTON FLEET SERVICES DIVISION BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3525-INTERLOCAL AGREEMENT FOR THE PURCHASE OF HEAVY VEHICLE LIFTING SYSTEM FOR THE FLEET SERVICES DIVISION WITH H-GAC AWARDED TO AUTOMOTIVE RESOURCES, INC. IN THE AMOUNT OF $37,769.61). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3525 Automotive Resources, Inc. $37,769.61 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3525 ~ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 AGENDA DATE: June 20,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Model 826H Caterpillar Landfill Compactor for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3527-Interlocal Agreement for the purchase of a Landfill Compactor for the Solid Waste Department awarded to Holt CAT, Inc. in the amount of $610,048). The Public Utilities Board recommends approval (6-0). BID INFORMATION This contract is for the acquisition of a Model 826H Caterpillar Landfill Compactor. This is a motor pool replacement for a similar 1995 model sold at auction. Landfill compaction on a daily basis is the foundation of a properly run landfill. The acquisition of this unit will give us two front line compactors and a back up unit. By utilizing the Interlocal Agreement between Buy Board and the City of Denton, we are able to take advantage of the multiple unit pricing for this piece of equipment. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its June 12, 2006 meeting. RECOMMENDATION Award a contract to Holt CAT, Inc. in the amount of $610,048 for the purchase of a Caterpillar 826H Landfill Compactor. PRINCIPAL PLACE OF BUSINESS Holt CAT, Inc. F ort Worth, TX ESTIMATED SCHEDULE OF PROJECT The compactor is estimated to ship within 24 weeks of receipt of an order. Agenda Information Sheet June 20, 2006 Page 2 FISCAL INFORMATION This unit will be funded from Certificate of Obligation Series 2006 Bonds. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 :Buy Board Quote l-AIS-File 3527 Attachment 1 ~ .. .". .... ~.~:" ..: . I ;j.q;:'.~~t~:\;i~b(:: ~~";:" ~:~.~ ~ ~."-:' ~ .~~.~ ."-. .~~.". ~.:. .~.\:_.::-~ .~:;:;~:: . . ...: ":" ....-.. :.". .". .. ~ . - . .. . . -.. -. . -. ~ . .. . . ~ .. -. . "" - . - . -. - .. --... ..-. . - . -... ~"<":":""_::: ";..::".. Austin · Corpus Christi · Dallas · Ft Worth · Laredo. Longview. San Antonio. Texarkana · Tyler . Victoria. Waco. Weslaco BUY BOARD QUOTE 01/20/2006 REVISED 03/13/2006 REVISED 05/30/2006 CITY OF DENTON FLEET SERVICES 0348267 804 TEXAS ST DENTON, TX 76209-4330 #G 15850583 CA TERPILLAR INC 826H STANDARD EQUIPMENT: SEE ATTACHED PRODUCT SPECALOG MACHINE SPECIFICATIONS 826H COMPACTOR MA 1 BULLDOZER, NO-BLADE GUARDS, AXLE-FRONT AND REAR MIRROR, INTERNAL (pANORA1\{JC) RADIO, AMlFM CD PLAYER DIFFERENTIAL, NO-SPIN FRONT HEATER ENGINE COOLANT, 120V GUARD, CAB FRONT WINDOWS GUARD, REAR FAN + GRILL STRIKER BARS, W/CLEANER FINGERS PRECLEANER, TURBINE/TRASH INSTRUCTION, NORTH AMERICA ANSI INSTRUCTIONS, ENGLISH HYDRAULICS, 2 VALVE CAES, ATTACHMENT READY OPTION CAB, STANDARD, STIC STEER DEALER I NSTALLED/ADDED: FIRE EXT., ABC 20# CABS, REMOVED & REINSTALLED PARTS BOOK (2) OPERA TORS MANUAL (2) SERVICE MANUAL (2) CARON: WHEELS, 1 Set of 4 - 47~25" WI 8" B MAX Pin-On Teeth in a 5 row/lO teeth per row pattern compatible w/Cat Cleaner Bars. IneI. outer drwn extensions wlWearbars adaptable to Cat Front & Rear Axle Guards. TRASHBLADE, Double Semi-U (DSU), 826H SEAL PROTECTION GROUP (SPG), 826H STAPP RING, 826H ~ g cr:,. ~ .;:r, -c:: c..v o -0 :=3 ~ -::: en QUOTE GRAND TOTAL $ 610,048 P.O. Box 150067. Fort Worth, TX 76108.1447 · (817) 246.6651 . Fax (817) 367.0119 www.holtcat.com WARRANTY CATERPILLAR STANDARD 6 MONTHlUNLIMITED HOUR FULL MACHINE COVERAGE (SEE A IT ACHED STATEMENT). PLUS CATERPILLAR COVERAGE ON THE TOTAL MACHINE FOR A TOTAL OF 36 MONTHS OR 6,000 HOURS, WHICHEVER COMES FIRST (SEE ATTACHED STATEMENT). PLUS . SCHEDULED OlL SAMPLING -SOS- FLUID ANALYSIS & SAMPLE BOTTLES PROVIDED DORING WARRANTY PERIOD. CUSTOMER IS RESPONSmLE FOR COLLECTING AND . DELIVERING SAMPLES. F.O.B.trERMS FOB: CITY OF DENTON LANDFILL LOCATION: 5166 FOSTER ROAD, DENTON~ TX A V AILABLE: 24 WEEKS ARO QUOTE VALID UNTIL: JULY 31, 2006 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A MODEL 826H CATERPILLAR LANDFILL COMPACTOR FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3527-INTERLOCAL AGREEMENT FOR THE PURCHASE OF A LANDFILL COMPACTOR FOR THE SOLID WASTE DEPARTMENT AWARDED TO HOLT CAT, INC. IN THE AMOUNT OF $610,048). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3527 Holt CAT, Inc. $610,048 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3527 ~ 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 June 12, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair convened into an Open Meeting on Monday, June 12, 2006, at 9:05 a.m. in the 7 Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, 8 Texas. 9 10 Present: Chair Newell, George Hopkins, Bill Cheek, Phil Gallivan, John Baines and Bob Bland 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 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City 20 Manager or his designee to execute a purchase order through the Buy Board Cooperative 21 Purchasing Network for the acquisition of a Model 826H Caterpillar Landfill Compactor for 22 the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City 23 of Denton; and providing an effective (File 3527-Interlocal Agreement for the purchase of a 24 Landfill Compactor for the Solid Waste Department awarded to Holt CAT, Inc., in the 25 amount of $610,048). 26 27 Cheek noted the absence of competing bids. 28 29 Vance Kemler, Director of Solid Waste, replied that this item was not a bid item; instead it 30 would be purchased though the Buy Board Cooperative Purchasing Network, which did not 31 require a bidding process. 32 33 Hopkins asked if it would be possible to solicit bids and if the price was unacceptable to go 34 through the Buy Board. 35 36 Kemler replied it could be done, but suggested that it might have a negative impact when 37 vendors realized that the City was soliciting bids and then purchasing items through the Buy 38 Board process instead. 39 40 Cheek moved to approve with a second from Board Member Phil Gallivan. The motion 41 was approved by a vote of 6-0. 42 43 AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 AGENDA DATE: June 20,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance awarding an annual contract for the purchase of the annual supply of Liquid Petroleum Gas for the City of Denton, as awarded by the State of Texas Building and Procurement Commission; providing for the expenditure of funds therefore; and providing an effective date (File 3524 to Northwest Propane Gas Company in the estimated amount of $100,000; Mount Belvieu posted price + $.35/gallon). BID INFORMATION This contract is for the annual supply of Liquid Petroleum Gas (LPG/Propane), which includes furnishing an approved 2000-gallon storage tank and fuel-dispensing unit. Pricing is based upon the State of Texas Building and Procurement Commission Contract 405-Al. The price of the fuel will be subject to escalation!de-escalation based upon the price posting at the Mount Belvieu, Texas Terminal. The cost of delivery, tank rental, and other fees will remain constant at $.35 per gallon. RECOMMENDATION Award an annual contract to Northwest Propane Gas Company, Inc. via Interlocal Agreement with the State of Texas Building and Procurement Commission in the estimated amount of $100,000. PRINCIPAL PLACE OF BUSINESS Northwest Propane Gas Company, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The service provider can set and fill a 2000-gallon tank within two weeks after receiving notice to proceed. FISCAL INFORMATION Funding for fuel acquisitions is available from the Fleet Management inventory account 820100.6421 and then charged back to the fuel user. Agenda Information Sheet June 20, 2006 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Proposal from Northwest Propane Gas Company l-AIS-File 3524 .. ...... Attachment 1 NOR T H W EST PRO PAN E GAS COM PAN Y , INC. 11551 HARRY HINES BLVD. · DALLAS, TEXAS 75229-2296. 972-247-6121 t WATS 800~274-612', FAX 972.241.2555 PROPOSED PROPANE REFUELING STATION for ~ ". . . . . . ~ ^ ^ ->> .... ... ~ ~ 0<:<$ ~ ~ << ". .'.... . .",~ :':::.' .:. .'. . . ~ ~..:< i",. ,. .;~ ... ' "1.t '" ~ '.'*" '....\ . .. ".:~,. Y. ~ .:, ~~~ '.' ' ~,..', ' ,. ~ ~ ;,.., '. . ". .. .., ~ . -:::-:- ... , "f CITY OF DENTON 804 TEXAS STREET DENTON, TEXAS 76201 DATE: MAY 15, 2006 PROPANE L.P. GAS L.PG, CARBURETION FLEET SERVICE INDUSTRIAUDOMESTIC TRANSPORTATION AND STORAGE We appreciate the opportunity to present this proposal. If there are any questions or items that are not sufficiently covered, please contact the undersigned. This agreement shall be for a period of two years~ Description Price / Unit Total! Price 2000 gallon propane dispensing unit (annual lease) $ 1.00 $ 1.00 Includes the installation of a 2000 wc propane tank, tank monitor, pump, and dispensing unit. Propane fuel pricing will be on a per gallon basis, subject to escalation/de-escalation. Pricing are based upon the Butane Propane Weekly Newsletter. Pricing will remain in effect from Friday thru Thursday according to the following schedule. Current pricing: Mount Belvieu, Texas posting, per Texas contract 405-Al price effective 05/15/06, vendor # 60694 $ I ~08888 Northwest Propane margins, including the following: Refinery fees Delivery/freight cost Propane Education Research Council Texas Alternative Fuels Education Research Council $ ~35000 TOTAL PRICE $ 1.43888 Items to be furnished by the City of Denton; Permits Electrical supply to pump (220V 30amp) (Per National Electrical Code) Crash Protection Fire Extinguisher All site preparation not specifically mentioned Propane pulser / Petro Vend / Phoenix keypad (Optional) Should you have any questions, or need additional information, please feel free to contact us. 4 . ORDINANCE NO. AN ORDINANCE AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF THE ANNUAL SUPPLY OF LIQUID PETROLEUM GAS FOR THE CITY OF DENTON, AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3524 TO NORTHWEST PROPANE GAS COMPANY IN THE ESTIMATED AMOUNT OF $100,000; MOUNT BEL VIEU POSTED PRICE + $.35/GALLON). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER ESTIMATED VENDOR AMOUNT 3524 Northwest Propane Gas Company, Inc. $100,000 Mt. Belvieu Posted Price +$.35/gal SECTION 2. By the acceptance and approval of the above numbered items set forth in File 3524, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3524 AGENDA INFORMATION SHEET DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 AGENDA DATE: June 20,2006 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for purchase of a 4 Wheel Self Propelled Broom for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3515- 4 Wheel Self Propelled Broom awarded to Howard McAnear Equipment Company in the amount of $35,428.20). BID INFORMATION This self propelled street sweeping broom is a motor pool replacement for an older unit no longer economical to maintain. The old unit will be sold at auction. The new unit is intended to enhance the fleet utilized by the Street Department in their street maintenance and new construction efforts. We are currently renting a lesser unit at a rate of $2000 per month when it is available. RECOMMENDATION Award to Howard McAnear Equipment Company in the amount of $35,428.20. PRINCIPAL PLACE OF BUSINESS Howard McAnear Equipment Company F ort Worth, TX ESTIMATED SCHEDULE OF PROJECT The broom can be delivered approximately 45 days within receipt of an order. FISCAL INFORMATION This item will be funded from account 810001.8535. Agenda Information Sheet June 20, 2006 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation sheet 1-AIS-Bid 3515 Bid # 3515 Attachment 1 Date: June 1, 2006 4 Wheel Self Propelled Broom Principle Place of Business: 1 4 Wheel Self Propelled Boom 1 Make Model Delivery HOWARD MCANEAR EQUIPMENT CO. FORT WORTH, TX $35,428.20 Broce RJ350 45 days BANE MACHINERY DALLAS, TX $38,319.00 Rasco RB48 80 days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF A 4 WHEEL SELF PROPELLED BROOM FOR THE CITY OF DENTON STREET DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3515-4 WHEEL SELF PROPELLED BROOM AWARDED TO HOWARD MCANEAR EQUIPMENT COMPANY IN THE AMOUNT OF $35,428.20). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3515 Howard McAnear Equipment Company $35,428.20 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-3515 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: Library System Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton, amending Ordinance No. 2005-157, providing for an amendment to Chapter 2, Article V of Library, Section 2-157 of the Code of Ordinances of the City of Denton, Texas, to require the payment of an annual fee for a library card for nonresidents and discounted annual fees for nonresidents enrolled full time in an independent school district or home-schooled; providing limited access punch cards for nonresidents; providing a severability clause; providing for a saving clause; and providing for an effective date. The Library Board recommends approval (7-0). BACKGROUND On October 1, 2005, the Denton Public Library made full service library cards available to nonresidents of the City of Denton for a fee of $50.00 per year per household. This decision was made after the Denton County Commissioners voted to fund library services at only 80 cents per person and then only if the library agreed to filter the Internet. If the Denton Public Library had accepted this drastic reduction in funding, it would have only been able to purchase 5,913 new items with County funding when in FY 2004-2005, nonresidents checked out approximately 181,232 items. The Denton Public Library would also have had to block constitutionally protected information to the majority of our library users who use the Internet responsibly. In 1997 when the library first began to offer Internet access, the Denton Library Board agreed to not install filters on the library computers. As filters sweep too broadly, block only some sites with indecent materials while restricting access to thousands of legal and useful resources, and fail to block communications sent through other popular channels for distributing pornography like peer-to- peer file sharing, the current Denton Library Board unanimously agreed to again not filter the Internet. After further study of both edicts from the Denton County Commissioners, the Denton Library Board recommended to the Denton City Council to not accept County funding. City Council members agreed and approved Ordinance 2005-157 on June 7, 2005. Since the county funding allocation would not be accepted, it was determined that the library would make up the revenue by charging non-residents a fee of $50.00 to purchase a library card. With no historical data on which to base a determination on how many nonresidents would actually purchase a library card, the Director of Libraries decided to base the projected revenue on the County allocation the Denton Public Library would have received if it had accepted the County funding allocation of $118,250. The FY 2005-2006 revenue projection was therefore based on the assumption that approximately 2,365 nonresidents would purchase a library card at a fee of $50.00. As of April 30, 2006, only 531 nonresidents had purchased a card with $26,550 in revenue collected to date. (See Exhibit A). In an effort to increase the number of out-of-city users purchasing a library card, the library administrative staff is proposing to amend the ordinance to provide discounted annual fees for nonresidents enrolled full time in an independent school district or home-schooled; and to provide limited access punch cards. OPTIONS 1. Approve changes recommended by library administrative staff. 2. Suggest alternative changes to the existing Ordinance. 3. Leave existing Ordinance in place. RECOMMENDATION Library administrative staff recommends that the City Council approve the proposed changes. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Denton Library Board voted unanimously to approve the amended Ordinance at their meeting held on April 6, 2006. FISCAL INFORMATION With additional payment options, the Denton Public Library has revised its revenue projection for the fiscal year to approximately $40,000 for a total of 800 nonresident cards paid for and issued by September 2006. EXHIBITS 1. Ordinance 2. Out-of-City Annual Fee Card Holders 3. Minutes Respectfully submitted: r-. --. _.. ~. :J. - . ~-':: -'0--::--'- > - . ~ -,. . .--' Eva Poole Director of Libraries S~\Our DocumetUS\Ordioanc~endmcnt 2.S7libraty fee.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2005-157, PROVIDING FOR AN AMENDMENT TO CHAPTER 2, ARTICLE V LffiRARY, SECTION 2-157 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO REQUIRE THE PAYMENT OF A ANNUAL .FEE FOR A LmRARY CARD FOR NONRESIDENTS AND DISCOUNTED ANNUAL FEES FOR NONRESIDENTS ENROLLED FULL TIME IN AN INDEPENDENT SCHOOL DISTRICT OR HOME SCHOOLED; PROVIDING LIMITED ACCESS PUNCH CARDS FOR NONRESIDENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Library provides an essential function to the citizens of the City of Denton; and WHEREAS, it is recommended by the Library Board that a annual fee for a library card should be required for those persons who do not reside within the city limits of Denton, Texas, except for thos~ persons who own property within the city limits or lU11ess they are city employees, and a discounted annual fee should be required for those nonresidents who are enrolled full-time in a formally recognized independent school district or being home schooled; and WHEREAS, the City Council fmds that it is in the public interest to establish an annual fee for a library card to nonresidents and to provide discounted fees in certain circumstances; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 2, Article V Library, Section 2-157 of the Code of Ordinances of the City and Ordinance No. 2005-157 is hereby amended in its entirety to read as follows: Sec. 2.157. Library cards. a~ An adult applicant is eligible for a library card free of charge upon making proper application if they reside within the city limits .ofthe City of Denton, Texas. City employees and non-residents who own property within the city limits will also be eligible to obtain a library card free of charge. An annual non-resident fee of $50.00 shall be charged for those living outside of the city limits of Denton, Texas. The non-resident fee will be charged per household and not per person, and household membership will be d.etennined by proof of residency. The annual fee may be amended and changed by the City Council as is deemed necessary~ b. A nonresident individual who is currently enrolled full-time in any formally recognized independent school district or who is being home schooled may pay a fee of $30.00 per year to obtain full. access to library services.. Page 1 of2 Exhibit 1 S:\Our Documents\Ordinances\06\Amendnu:2It Z.S7 library fee,doc c. Limited Access Punch Cards will allow norrresidents to borrow up to 15 items for $15..00 and up to 30 items for $20.00. SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable.. SECTION 3.. 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 4. These fees shall become effective for all non-residents upon the effective date of this ordinance. SECTION 5.. This ordinance shall become effective immediately from and after its adoption and passage. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO LEGAL FORM: EDWIN M.. SNYDER, CITY ATTORNEY BY: Page 2 of2 Out-of-City Annual Fee Card Holders 2005- 2006 Number of Dollar Fiscal Year Total Cumulative Accou nts Amount to Date Collected to Accounts To Paid Date Date 124 $6,200.00 $6,200.00 $6,200.00 124 174 $8,700.00 $8,700.00 $14,900.00 298 40 $2,000.00 $10,700.00 $16,900.00 338 39 $1,950.00 $12,650.00 $18,850.00 377 48 $2,400.00 $15,050.00 $21,250.00 425 39 $1,950.00 $17,000.00 $23,200.00 464 36 $1,800.00 $18,800.00 $25,000.00 500 33 $1,650.00 $20,350.00 $26,550.00 533 29 $1,450.00 $21,800.00 $28,000.00 560 Exhibit 2 DENTON PUBLIC LIBRARY BOARD MEETING Minutes of Meeting April 6, 2006 Present: Teresa Starrett, Sherri McDade, Pat Langa, Dorothy Adkins, Judy Deek Giese, Lori Wolfe, Turner Kobler and Eva Poole Absent: Guest: Amanda Pape Teresa Starrett called the meeting to order at 5:05 p.m. The minutes from the March 2, 2006 meeting were reviewed and approved by a motion from Dorothy Adkins to accept and a second by Sherri McDade. y Eva Poole related that Open Government Training for two (2) hours was required to be attended with one (1) year to complete. Training can either be done by DVD or online. y Eva Poole reviewed Denton's proposed Non-Resident Circulation Policy. The policy states $50.00 for unlimited items per year or specific costs per item. There is a senior discount - $30.00 for unlimited, and students - $30.00 for unlimited items (which does not include university students). At the end of March, 500 people have bought a $50.00 card, still far short from what was projected. Lori Wolfe made a motion to accept, Turner Kobler seconded the motion and all were in favor of the policy. y Eva Poole is working with the Police Department to filter only pornographic sites on the public computers. These sites will be filtered before they come into the library. The library itself is not filtering. y Eva Poole will draft a resolution on filtering for the Board to review next month. Judy Deek-Giese made a motion to adjourn, Pat Langa seconded, and the meeting adjourned at 5 :30 p.m. Respectfully submitted, Lori Wolfe Secretary Exhibit 3 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: Parks and Recreation Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound for the Denton County Historical Commission's celebration of John B. Denton's 200th birthday. The three-day countywide event will be held at the Denton Downtown Square. The request is for an exception to the hours of operation from 10:00 p.m. until 11 :00 p.m. on Saturday, July 29th and amplified sound on Sunday July 30th from 10:00 a.m. - 12:00 p.m. BACKGROUND The three-day event begins Friday, July 28th and runs through Sunday morning, July 30th. A parade, historical exhibits, quilt show, chili cook-off, educational period re-enactors, and music are a few of the events planned. Live music will be played on Friday from 7:00 p.m. until 9:00 p.m. and on Saturday from 10:00 a.m. until 11 :00 p.m. A concert and street dance will be featuring Billy Joe Shaver will be held Saturday from 7 :00 p.m. until 10:00 p.m. There will be a gospel quartet providing music on Sunday morning from 10:00 a.m. - 12:00 p.m. Amplified sound will be used for both music and public announcements. The exception is requested in accordance to Ordinance No. 2001-265, Section 20-1, #4 General Noise Violations: "The use of any stationary loudspeaker, amplifier, musical instrument, or sound amplifying equipment in such a manner or with such volume so as to be clearly audible to a person in their residence, and (2E) at any time on Sunday." EXHIBITS Letter of Request from Tom Reedy, Chairman of John B. Denton Days Planning Committee Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation Prepared By: ~m~ Janie McLeod, Community Events Coordinator John B. Denton Days Honorary Committee Mary Horn Denton County Judge Cynthia White Commissioner Precinct 1 Sandy Jacobs Commissioner Precinct 2 Bobbie Jo Mitchell Commissioner Precinct 3 Jim Carter Commissioner Precinct 4 Denton County Historical Commission Peggy Capps Chairman John B. Denton Days Event Planning Committee Tom Reedy Chairman Gloria Anderson Fundraising Chairman Denton County Historical Commission 110 West Hickory Denton, Texas 76201 940-349-2860 May 25, 2006 Dear Denton City Council members: The Denton County Historical Commission is planning the 200th birthday of John B. Denton, the pioneer preacher, lawyer and ranger captain for whom Denton County is named. The three-day event begins Friday, July 28, and runs through the following Sunday. A parade, historical exhibits, educational period re-enactors, music and other events are planned. As part of the celebration, music will be played on Friday evening from about 7 p.m. until about 9 p.m., all day Saturday beginning around 10 a.m. and continuing until about 11 p.m., and Sunday morning from about 10 a.m. until 12 noon. We would like to ask the council for a variance on the noise abatement ordinance for those three days. Thank you for your consideration on this matter If you have any questions, please call us at 940-349-2860. Sincerely, Tom Reedy Chairman John B. Denton Days Planning Committee Exhibit 1 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: Transportation Operations Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider the approval of an ordinance of the City of Denton, Texas authorizing an amendment to that Modification, Clarification, and Ratification of Oil and Gas Mineral Lease between the City and Stroud Energy, LTD. to extend the time period for the drilling of Gas Well #4H at the Airport; providing a savings clause and an effective date. The Airport Advisory Board recommends approval (7-0). BACKGROUND On April 5, 2006 City Staff and representatives from Stroud Energy met to discuss surface use agreements for Well Site 3H, Well Site 4H, outline the proposed timeline on drilling of Airport Wel14H and to examine the opportunity of drilling a fifth well on Airport property. Stroud Energy expressed their interest in leasing additional Airport property located in the Approach Zone to Runway 35 that was not included in the original gas well lease executed in December 2001. Staff indicated there is a strong desire by the City to lease said property, however, a formal bid process may be required to lease the property. Stroud discussed their current drilling plan and schedule, and outlined different proposals to enhance the efficiency of Well 4 H and potentially add a fifth well to the Airport lease. These strategies or options were later outlined by Stroud in a letter dated April 12, 2006, attached as Exhibit 4. Option 1 is the current plan Stroud will follow for drilling Well 4H should the City not approve additional action as it relates to the current oil and gas mineral lease. This option will require Stroud to maintain the current schedule of initiating drilling of Airport Well 4H by August 6, 2006, 180-days from the completion of Well 3H. Due to Railroad Commission requirements affecting spacing between horizontal wells and proximity to leasehold property boundaries, Option I will result in the least efficient drain of the leasehold, thus reducing profit opportunities for the Airport, City, and Stroud. Option 2, enhances the efficiency of the spacing of the final planned well, thus maximizing the drainage of the current leasehold through the use of four wells. This option would require the City of Denton to endorse a waiver to Rule 37 (Statewide Spacing Rule) allowing Stroud to drill a portion of the lateral (well line ) less than 330 feet from the lease line. The Airport/City owns the property on each side of the lease line where the proposed lateral line would be located and therefore would be the only property owner affected. Positioning the lateral line in close proximity to the lease lines allows for a longer lateral line in the producing "zone" of 3,000 feet versus 2,372 feet in Option 1. This longer lateral line and more efficient spacing of the well enhances the effectiveness of We114H. Stroud submitted an application on May 12, 2006 to the Texas Railroad Commission seeking a spacing exception permit under the provisions of Rule 37. Under provisions of Rule 37, the affected party(s) have three weeks to submit a written protest to the Railroad Commission. Upon consultation with Legal, airport management submitted a protest to said application on May 26, 2006, meeting the three-week deadline of June 4, 2006. The protest was submitted to secure the integrity of the City's option in leasing the additional Airport property not currently under lease. The Railroad Commission has not yet set a hearing date to defend the protest. Option 3 contemplates Stroud Energy leasing additional Airport property located in the Approach Zone of Runway 35, which is not currently under lease to any entity, allowing a longer 4H lateral, and adding a fifth well to better drain the Airport leasehold. Well 4H and 5H would utilize the same pad site, and through directional drilling, the wells would be strategically spaced to better drain the current and proposed leaseholds. To effectuate this option, Stroud will need to submit a qualified, highest bid as part of a formal bid process required to lease mineral rights on City owned property. The striped area outlined in Option 3 plat submitted by Stroud in their April 12 letter, Exhibit 4, denotes the additional airport acreage not under lease that could be utilized to facilitate a proposed Airport Well 5H. The addition of a fifth well will improve the overall drainage of the current Airport oil, gas and mineral lease. Exhibit A to the proposed amendment, attached as Exhibit 2, further demonstrates the acreage in question. Exhibit A demonstrates the current Airport oil, gas and mineral lease in yellow and the additional acreage to be leased is demonstrated in blue. This should provide increased revenue opportunities through bonus money paid on the additional property lease, and should Stroud successfully bid on the additional property, a more efficient drilling plan to drain the two leaseholds as outlined in Option 3 may be implemented. With this understanding, Stroud has requested the City of Denton to consider a proposed extension to their drilling obligation for Well 4 H. The current lease between the City of Denton and Stroud contains a performance measure intended to maintain the timely development of Airport minerals. This performance measure requires that within 180 days of completion of a well, Stroud must initiate drilling each subsequent well. Should this performance measure not be met, the City has the option to terminate the lease on the remaining portion on the lease not currently in production. This proposed extension will provide Stroud the opportunity to bid on the additional airport property and formulate a more effective and efficient drilling plan for Airport property should they be successful in their bid. 90 days has been determined reasonable by Stroud and airport management to allow adequate time to schedule a drilling rig to initiate We114H. Whether Stroud submits the highest bid or not, the proposed extension would require Stroud to initiate drilling of Well 4H 90 days after the City enters into an oil, gas and mineral lease of the additional 38.4 acres. OPTIONS 1. Take no action obligating Stroud Energy to meet current drilling schedule and plan for Airport We114H. 2 2. Rescind the protest to Statewide Rule 37 allowing Stroud to execute a drilling plan permitting Airport Wel14H to be drilled in close proximity of the property line of the current leasehold. 3. Approve the proposed ordinance allowing for an extension to the current drilling schedule that would permit Stroud Energy the opportunity to submit a bid on the additional Airport property. 4. Provide staff with additional direction. RECOMMENDATION The Airport Advisory Board and airport management recommend Option 3 as it would provide an opportunity for a more comprehensive approach to drilling and draining minerals on Airport property. ESTIMATED SCHEDULE OF PROJECT Current obligations require Stroud Energy to initiate drilling of Well 4H by August 6, 2006. Airport Management anticipates the advertisement of a request for proposal on the remaining Airport property by August 15, 2006. Approval and acceptance of a final best bid could be targeted for City Council consideration on September 19,2006. Regardless of whether Stroud is successful in winning the bid, the proposed amendment would require Stroud to begin drilling Airport Gas Well #4H no later than December 19,2006,90 days after the City enters into an oil, gas and mineral lease on the additional 38.4 acres. PRIOR ACTION/REVIEW The Airport Advisory Board provided direction to Airport Management to pursue a 90-day extension of Stroud Energy's drilling obligations for Well 4H, Option 3. The proposed 90-day extension would begin on the date the City of Denton accepts a formal oil and gas mineral lease bid on remaining Airport property. FISCAL INFORMATION Extension of the lease may provide the potential of a positive economic impact to the City should Stroud be successful in leasing the additional property and more efficiently draining the leasehold. EXHIBITS 1. Ordinance 2. First Amendment 3. Modification, Clarification & Ratification of Oil and Gas Mineral Lease 4. Stroud Energy Letter - Wel14H Options 5. Airport Advisory Board Minutes Respectfully submitted: --nfd&~ Mark Nelson Chief Transportation Officer 3 S:\Our Documents\Ordinances\06\Stroud Energy First Amendment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN MAENDMENT TO THAT MODIFICATION, CLARIFICATION AND RATIFICATION OF OIL AND GAS MINERAL LEASE BETWEEN THE CITY AND STROUD ENERGY, L TO. TO EXTEND THE TIME PERIOD FOR THE DRILLING OF GAS WELL #4H AT THE AIRPORT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Stroud Energy, Ltd. is the Lessee of an Oil, Gas and Mineral Lease of the City of Denton Airport, dated January 17, 2002 ("Lease") which lease was amended by that certain Modification, Clarification and Ratification of Oil, Gas and Mineral Lease dated January 16, 2005 as authorized by Ordinance No.. 2005-126, to provide for the full development of the Lease and to create in advance the gas turits in anticipation of completion; and WHEREAS, the Lessee has also executed that certain Surface Use Agreement City of Denton Airport, as amended, dated January 17, 2002, a Road Damage Remediation Agreement dated October 25, 2005, and that certain Underground Pipeline Easement Agreement dated April 28, 2006 and certain other agreements to provide for the full development of the lease for Oil and Gas exploration and production purposes; and WHEREAS, Stroud Energy, Ltd. has presented three options to the Airport Advisory Board and Airport Management for the enhanced development of the Lease which includes a request to extend the current period of 180 days between the date the drilling rig used to drill a well on the lands is released and the date the actual drilling operations commence to drill Airport Gas We114H; and WHEREAS, the Airport Advisory Board has recommended that this period of time be extended to allow more efficient development of the Lease; and WHEREAS, the City Council deems it in the public interest to amend the Lease to provide for an extension of the time for the drilling of Gas Well #4H under the Lease; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2.. The City Manager or his designee is hereby authorized to execute the First Amendment to that certain Modification, Clarification and Ratification of Oil Gas and Mineral Lease Agreement and the underlying Lease in substantially the form of the attached First Amendment, to extend the period of time for the drilling of Gas Well #4H at the Denton Municipal Airport under the Lease. Page 1 of2 Exhibit 1 S :\Our Documents\Ordinances\06\Stroud Energy First Amendment.doc SECTION 3. The City Manager, or his designee, is authorized to exercise all rights and duties of the City of Denton under the Agreement. SECTION 4. Save and except as amended hereby, all sentences and sections of the Oil, Gas and Mineral Lease dated January 17, 2002 as amended by the Modification, Clarification, and Ratification of Oil and Gas Mineral Lease Agreement dated January 16,2005 shall remain in full force and effect. SECTION 5. This ordinance shall become effective inunediately from and after its adoption and passage. PASSED AND APPROVED this the day of ~ 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of2 1 S :\OUR DOCUMENTS\Ordinances\OS\Airport Ordinance Dan A Hughes~doc ORDINANCE NO. ,;{tJ{Jo-/d,6 AN ORDINANCE CLARIFYlNG, AMENDrnG AND RA TIFYING THE OIL, GAS AND :MlNERAL LEASE AT THE CITY OF DENTON AIRPORT DATED JANUARY 17, 2002; AND PROVIDING AN EFFECTNE DATE. WHEREAS, DanA. HughesCompanYt ''Lessee'', afOil, Gas and Mineral Lease of the City of Denton Aitport, dated January 17, 2002, "Lessen, and the City of Denton desire to clarify, amend and ratify the Lease to provide for the full development of the lease and to create in advance the gas units in anticipation of completion; and WHEREAS, Lessee and the City of Denton also desire to clarify, amend and ratify the lease to provide for the unavailability of horizontal drilling rigs and the unusual amount of rainfall; and WHEREAS, the City desires to authorize the City Manager to execute the Lease to clarify, amend and ratify the lease with Dan A. Hughes Company at the City of Denton Airport to provide for the above mentioned tenns. NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2.. The City Manager or his designee is hereby authorized to execute a lease in substantially same fonn as attached Exhibit A, clarifying, amending and ratifying the Oil, Gas and Mineral Lease at the City of Denton Airport dated January I, 2002.. SECTION 3. IT any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity. which remaining portions shall remain in full force and effect.. SECTION 4. This ordinance shall become effective immediately upon its passage and approval.. PASSED AND APPROVED this the 3M___daY of ~i(o/' . 2005. C~/JzucL EULINE BROCK, MAYOR Exhibit 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: 2 MODIFICATION, CLARIFICATION & RATIFICATION OF OIL, GAS & MINERAL LEASE City 0 f Denton Airport STATE OF TEXAS 9 ~ COUNTY OF DENTON 9 KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS: (a) By Oil, Gas and Mineral Lease dated January 17,2002, a Memorandum of which is recorded in Volume 5010 at page 858 of the Official Public Records of Denton County, Texas, The City of Denton leased to Enexco, Inc~ the 554.14 acres of lands therein described r.'Lands") on the terms and conditions therein set forth ("LeaseU); (b) Dan A. Hughes Company has succeeded to all of the rights of Enexco, Inc. in and to the Lease and has drilled and completed as a horizontal well capable of producing gas in paying quantities the City of Denton - Airport #2-H Well ('~2 Well") on the Leased Premises; (e) The Lease does not specifically define "Oil Units or Gas Units" in the context of horizontal wells; and (d) The parties desire hereby to modify the Lease to provide for the development of the Leased Premises by the drilling of horizontal wells, to confirm the validity and existence of the lease as to all of such Lands; and to effect the other modifications of the Lease as hereinafter set forth: NOW THEREFORE, for the sum of ten dollars ($10.00) dollars and other good and valuable consideration paid to each of the undersigned the receipt and sufficiency of which are hereby acknowledged and the murual covenants and benefits arising hereunder, the City of Denton acting herein by and through its City Manager, Michael A~ Conduff, duly authorized by resolution to execute this Modification, Clarification and Ratification of Oil and Gas Lease, whose address is 215 East McKinney, Denton, Texas 76201 ("Lessor"), and Dan A. Hughes Company) a sole proprietorship whose address is 208 East Houston Street, Beevil1e, Texas 78102 C~Lessee';) have agreed to Modify, Clarify and Ratify and by these presents do hereby Modify, Clarify and Ratify the Lease in the manner hereinafter set forth. I ~ Lessor and Lessee agree that the Lease is ambiguous with respect to whether the #2 Well maintained the Lease as to all of the Lands or only the north 512 acres of the Lands. In consideration of the modification of the continuous development provisions of the Lease, the marketing covenants, increase in the royalty interests of Lessor and other covenants and benefits deriving hereunder, Lessor and Lessee have agreed to resolve such ambiguity by construing the provisions of the Lease so ,that the #2 Well shall have maintained and shall maintain the Lease in full force and effect as to all of the Lands for a period ending at midnight on July 1, 2005~ Thereafter, such well shall maintain the Lease only as to the Gas Unit established therefore as hereinafter set forth~ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS fNSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 2. "rrlC Lands shall be divided into rhe four (4) tracts described alui designated as "rrilcrs 1-4 on the sc heel u ~e attacllcd hereto as Ex hi bit A~ J. [F 011 or before [he date set forlh in Section f ~ Lt;ssee C0J111l1CnCes rhe actual drilling 0 f another horlzonlnJ \vell on the Lands~ then the Lease shal I continue in force and effect as to all of rhe Lands so long HS 1101' 1110re than one hundred eighty ( l XO) dnys elapse bet\vccl1 the date the drill ing rig used 10 {Iri J I ,i \vel J on the Lands is released and the date the nClual dri II ing operations cornnlence for a St I hscq u en! \ve J ~ Oll the Lands \vi th a dri 11 ing rig capa ble of dri II ing such \vel J to its penn i tted depth. 4. U pOll lhe expiration or the continuous ucveJopfnenl" of the Lands i II accordance \vith the provis fOilS of SCC;I ion J above, Ih is L~nse shall Lenninate as to t1 n Lands not then located in all Oi I lJ t1 it or Gas lJn it (~lS set fort h in the Lease a l1{i III ad [fred herei n for ho rizon In I \vcJls) upon \vh j eh there is located a \ve Il producing or capabJe of produc ing oi I and/or gas in raying quantities and~ as to each slIch un jt.. this Le~lsc shaJ f tcnninatc as to all depths belo\y a depth of one hu ndred f"eet (100:) beneath the deepest fl()rr%On then producillg or capable of producing in the \vell for \v]lich such lIn it \vas cstabl ished. 5 - \V it h respect to a hori ZO 11 ltd \vell dri 1 led on any 0 r "r Illct s 1-4, lhe tract 11 pOll \vh [eh sue h \vell is loc.:atcd shall be considered [IS the ~'Oil Unif~ or :~Gas Ullie~ for such \\feU and it shall nol' be necessary for t he Lessee 10 designate sllch units as set f(u1h in Section 13 of the Lease. ()- 'rra(;[" 2 shall be the Cias Un it for .he #2 WeJ L 7. \Vith respect to any Lands as to \vhich the Leusc lennrnatcs or is releascd~ Lessee shaH never the less rct;~ i tl a II (1 f the rigJl f"s grc111.ed i II the Lease \vi lh rcspe<.: t to the use of such I nnds for the ingress and egress to the Lands as to \vh ich the Lease IlllS not tenninatcd or been rcJe()scd~ jncluding rigl)ts pLTl a j 11 i ng to roads and p ipel lnes. !\. Wilh respect to any well completed upon the Lands as a \lJell capable of producing oil amI/or gas in payi ng qllal1tilies~ L($see covelHlnts to use its best. diligent cffolts lo COlllll1encc the snle of prO()ucl ion frnnl sllch ,veH as pronlptly as is pr;lcticablc. II is understood that wells drill~d on ~rracls 3 llnd 4 \vif I relluirc nlore extensive pipeline to])sfnlction to COlllnlence such sales. 9. \Vith respect to that part otUrract 4 kno\vn as the ~:S()urh RUI1\vay Extensjon_~:~ (being nJlllfthCJt pllrl of TrncI 4 lying soulh of the south line of the William Stnilh Survey, A-II KR and containing ~~ppr[)Xinlatcly 40 acres)~ Lessee shall attel11pt to secure nctual production Crolll slIch la-nds hy sdl iciti ng lhe o,vners of oi I and gns leases covering ,ldjoin ing lands to ronn a pooled ullil and dri tI a hori Z{lllta] \veJ I. Lessor shall cooperate in such eftorrs.. pnrricuJarly \\Tith respect to grantin!! the ri ~hts to pooJ slIch lands \vith adjoining lands. -rhe t'nilurc to secure the devclopl11cnt shnJl no~ aftcct-lhe va I rei ily of the Lease as to 'rrnct 4. Lessee shall nut be required to solicit slIch dcvelop111ent [r the S~lIlle \vQuld reduce the allo\\'n ble for allY \vell drilled on ~rract 4 belo\.\' the al110UIH of production \vh ich can be actuaUy produced fi.Olll slIch \vel L 10. \-\111 h respect (0 rrracts I,~ 3 and 4. the one-fifth (1/5) royalty fraction provided in the Lease sh~ II be incn:ascd llnd changed lo onc-fOll~1h (1/4) in all i nSlallCCS vvhcre such fraction tlppeal'S in tllc LeaSCA \V rIll respect to rrract 2. I he onc- Ii ftll ( ] /5) royalty fraction shaJl rClllain ullchanged. II. I f any tCrln or provision of this Modi ticntjon conflicts \vith the provisions of the Lcnse~ lite ternlS and provisions of this ivlodi ficatioll shall pn:vail and control~ !'\'1 (){ I j I jl~a[ ion. C I a fi fica t tt)J I and Hill i Ii cati on H llgll~s 10 Cj I ~~ or Dellton Page 2 uf 7 1\ i rpt H"t L~asL,; [)~n I on Coun l y. Tcxa.-; F () rand in co n si derati 0 n fee i ted he rei 11, Lessor hereby l"ati fies~ ado p ts a l]d COt, Ii nn s th c Lease as the Sllme as moditied and clarilied herein and does hereby gram. lease and leI unto Lessee I-he Lands. ~ II bj ct:t In and in accordance \v it h the !enns and provi sion.s of the Len.se~ [IS Illod l ficd and ~ Inri fic<t in th is agrccfllclIl. I N WITNESS WHEREOF this instrument has heen e:\ccllted by each of the undersigned Oil the <late sllch execlltion is acknowledged. but the same shull he eftcclivc for all purposes as of January 16. 2005, L.ESSOl{ CITY OF DENTON - - Gll~ :onduff. City Manag'V J-\~rTEST: 1~1:'~9=+E~~D~;: i\I"PROVED AS TO LEGAL FORM: HERBER"r L. PROUTY~ efT'r' ATTORNEY I:h,<21/' "r--Iv-. c:-911~ ~ . fJ LESSEE I)AN A.. HU(;HES COMPANY ~ j\.'lod i fic;l1 lun. Chui tical ion aud Rali fie;atioll H ugh!.:s III Cily of Dc:nlo11 l'tlgC J of 7 J\ i 11'< lrl I ~cn sc D~lH 011 COll1lty~ T~xas s'r^'TE ()F 1~EX^S (;()(Jt\rr'{ OF DENl~ON CD TI~~ iIlSlrulll~~~;ckllow~t:dgcd .before me Oil this ~ ~d~IY ~f /?7~ ,2005, by ~~l~~ ;1. C,_~, as the City f\.t:,nuger of the City of Denton. a lllulllclpahly estabhshed under the laws ot rrcxas~ on bel1al f of said city. I iVl Y COIIHll i ss ion ex ires: i."(l5J"~.~~~~~ LINDA HOLLEY ..:\ - .}.. ( : ~ l::( I.. Notary Public , L: ~.' State of Texas ~ ':;~~;;!;;;~'I: My Comm I Exp. 12.08.2005 ...1 -..... r S.I'~~: ~ . . . CCHJN'T\' OF BEE This instrument wns acknowledged before me 011 this ~day of vY1.... .. ,2()()5. by Dan A. Hughes, nwncr of Dan A. Hughes Company. a SO~t r rie~orship. ~ e KATHERJNE ~ YOUNG NOTARY PUBLIC STATE OF TEXAS My Com mission EJptres 11..1.2001 ivl (J t Ii I!C;l1 10 11. C f ari Ii cal ion (IlU t [{at i fil:Cl lie 111 l-I ughcs In CiiY or Dentull Page 4 0 r 7 ,\ irporl I.Ci 1St: Deuton (~nuI11Y. T~xas ~EXHIBIT A or 1~/\c.r I: Contaillil12 138.54 ucrCSII .)lore or less: COlllmencing at the North West corner of the W. Smilh Survey, A-II KS and continuing in all L:asterly direct ion I tOO feel ;:dong lhe north line to a point. Thence in a southerly direction 5 10 feet ti'om the IlOflh I Ene nf the w, Smith Survey, A-I r XX. SHid point being the Poi nr of Beginning. rrhcnce in an easterly (i irecrion to a point in the W. Neil Sllrvcy~ A-970~ being 430 tecl fi.oJIl the norrh line and 245 feer ti"Ofll the \vest fine of the W r Neil Sllrvey~ ^-970. 'rh~nce in :l ~olJthcasrerJy direction 10 a point in the W. Neil Survey~ A-970:- being ] 23 I feel e.ast of r-he \vestcrn lille or the W ~ Nci] Survcy~ A-970 and 1535 feet south of the northern survey line of rhe \V, Nei J Survey.. A-970. Sa id ] ine heing a C0l111110n boundary I ine bel \vcell tract] :lnd trnct 2. Thence in an easterly direction 10 a point 1847 feet CJst from the westem line of the W. Nei I Survey. f\ -970 and ] 520 feet south of the northern survey I ille or the W. Nei I Survey, A-9iO. Said point l)(~ i ng tIle 1l10st soul hcaslerly poi nt of tract 2~ ~rhellcc south 10 a poi nl 113 I feet 11011h of the l1orth\:vesr corner of the J. Bacon Survey.. A-] 540 located l.l n the east J i ne of th c '^'. Nc i J S lIt'vey~ A-970 ~ Them:e \\'1.:5t to a pefilll in the W. Neil Survey, A-970, being 206 Ii:et south of the south survey line of the \-V. S 111 i lh S urvcy ~ A -I I 88 n nd ] 987 feet ,,,fcst of the survey boundary bel \Vcen the W ~ i\fc i J Sllrvcy~ A-970 and the J. I-Jardin Sruvcy; A-1656. Thence in J northwesterly direction to a point in Ihe W. Smith Survey, f\.118IL being the Point of Bcginnjng. rr I~t\ CT 2: ContHinin!! 138.54 ac res, .norc ()... Jc....,s: COlllL Ilene in g al the N E corner of the W. Sill ith Survey, A -] 188 lllld conti 11 1I ing in an easterly d irccrioll 121 (i feet along the 11011h line of the W. Neil Survey, A-970 being the Point of Beginning. Thcllce ill an easterly direction 326 feet to a poill! on the N0l1h line of the W. Neil Survey, A-97(l. ~rhence ill il southerly direction fa a point ill the W. Nci I Sllrvey~ A...970~ hcing 1541 feet east froBl lhe \V~stertl line of the \\1. Neil Survey:, A-970 and 697 reet sOLlth of the northern sl~r\'cy I inc of the \\1. N eil Sllrvey~ A-970. 'l"hl;Uc.;C ill (I easterly dj rection to .a poi nt in the W. NeH Survey. A-970~ hci ng ] 879 feet cast fronl the \vestcrn survey line of the \V, Nci f Sllrvey~ A...970 and 677 feet sOllth of the northern survey J ine of the \V r Neil Sllrvey~ A-970. ThcllCC ill n southerly dircclion to a point in the W. Neil Survey, A-970, being 1889 fect enst from the' wC.~tern line of the W. Neil Survey, A-970 and l503 feet south of the Ilorthern survey line orthe \v. Nejl Sllrvcy~ A-970. "rhc;l1L:c ilia \vcslerly d irectioll to a point in the \V ~ Nei I Sl]J"VCY_~ f\-970; being ] 234 f-c'~t cast froll) the \vestern J i nc 0 f the \V. Nci J Sllrvey~ A-97() and 1541 feet south of the nOl1hcrn sllrvcy ] i nc of the \\1. Nc iJ Sllrvey_~ ^-:970. l\'lt)d i ficill i{)I1. CJari tjeut inn ~.l1d Rmi Iltatioll H lIghes lo CilY 0 r DCllLon P,lgC 5 ur 7 Ai l'J1l)1"1 Least:: J)~lllon CtlUIHy. "I'cxm; Thence ill 11 northwesterly direction 10,1 point in the W. Wilburn A-1419 survey, being 697 feet west from lhe eastern line of the W. Wilhurn A-1419 survey and 872 teel north of Ihe southern survey line of the Vol. Wilburn A-14 [9 survey, 'fhellcc ill a northerly djrection to a point in the W. Wilhurn A-1419 survey, being 739 feet \vest fro 11 1 the eastern J i ne of the W. Wilhurn A-1419 survey and 2473 reet north of the soutllcm survey I ine of [he W. Wilburn A-] 419 survey. Thence in an eusterly direction to a point on the east line of the W. Wilburn A-1419 survey, being 2498 f~el nOl1h ofrhc south\vest corner of the W. Wilhurn A-1419 survey~ Thence in an southerly direction to a point Oil the east linc of the W. Wi] burn A-] 419 survcy, hcing 2289 I"cct llorth of the south\vest corner of the W. Wi Jnurn A-1419 survey. Thence in a easterly direction to a point in the T. Toby A-128S survey, heing 805 feet e~lst li'orB the \vestcrn I inc of the or. Toby ^-12K5 survey and 29] feet south of the l10rthcnl survey I inc of the ~r. ~roby A~ 1285 survey. ~rhC!H':1: in a suutheasterly direction 10 il point in the 'r. Toby A-1285 survey~ being I J X I feel ensl fralll the \\'Cslern line of the 'f. T'oby A-1285 survey and f 666 feet south or the northern survey I inc of the 'f, rroby A -1285 survey. Thence in a southerly direction to the Point of Beginning located on the northern Ii ne of the W. Neil Sllrvcy~ A-970. rrl~ACT 3: Cnntailliof! 138.54 acres. more or less: Commencing at the Southeast corner of the D. Davis, A-356 nnd continuing in a northerly direction !\07 feet along the east survey line to a point. Said point being tIle Point of Beginning. Thcl}(;e in a northerly direction to a point in the W. Wilhurn A-1419 survey, being 286 Ieet cast from the \Vcstern ] ine of the W. Wi Iburn A~ J 419 survey and 10 19 feet north of the northeast corner of the survey I LllC of the D. Davis~ A-356 survey. .rhcJlce i tl an ca~ter]y direction to a poi lit in the W. Wi Ib urn A-] 4 19 su rvcy~ be lng 739 feet ,vest franl tile eastcfll line of the W. Wilhurn A-1419 survey and 2473 teet north of the sOllthern survey line of I he W ~ \\'i Iburn A- ~ 419 survey. Said point being the nOllhc:lst corner of tract 2. Thencc in a southerly direction to a point in the W. Wilburn A-1419 survey, being 697 fet:t we~t from the eastern line of Ihe .w. W ilhurn A-1419 survey and 872 fect north of the southern survey line of rhc 'J./. Wi Iburn A-14 19 survey. Thence in a southeasterly direction to a poim in the- W. Neil Survcy, A-970, being 253 leet cnst t.'OIll the '''est line and 427 feet south fr0l11 the north line of the W. Neil Sllrvey~ A-970. Thence ill a we~tcrly direction to a point on the west lille of the W. Smith A-JI8S, hcillg the Poilll of [{cg in 11 i ng. ....I~t\CT 4: Contninin2 138.54 acres.. "lOre or less: Trac.:l 4 shall contnin the remaining acreagc not previously described in tracts J, 2, or 3, <llld lying wilhin (he boundaries of the 554,14 acre tract described in the lease, rrl~f\CTS 1-4 ARE DEPICfED ON THE PLAT ATTACHED HERETO AS EXHIBIT A-t. j\{t l{ t j ~ i cat i (t n. Clari Ii (:(.11 j OJ ~ and R~l (i tical i (111 Hugh cs 10 City tl r Dentoll I'Hgc () of 7 ^ if))C] rI Lcusc Dc.:Il[Ull COllJlly. Texas EXHIBIT A-I ~ i ( :;.J - t.. >- ~ << J. r ~ n .~ ~ ~! I I seOl-: .1.& t.:!l4: I !f I 0 ! ---J I w , W l I. a u P. ~: i I ..., . , .~ I it I f -, .-- -, r f j ~I , \ ~\ J 3 \', /'\ L \.,,~ '\ /--.- --- ~-~..- r "'. - -,"' -- - -- · -- /-- ---", ------ · ~ \, l \ "'-,-- \, " , I \ ., \ I -- -.- -I 0 \\ I '\ ''.ost. j f w ~.~ M I "F-. H ~~ f · J. . 't 1 ;:; R \. 1 J \.____j '" 4 \\ r- .. - - - ~ A. M.'::'.OOE~ . I I ~ - B " 1 I \\ IV ~, .: I ~ I I \ I """"'D ! i \ 0 I - + - -...J.----~-----r~ -.. \. : _. H A R l) f f-.I - 1 ^. - 1 G ~ .J, i I I ( 1 L_ I J -e". co:., ~ ! r _ _ _ _ J _ .. ~5/ L , j ; , r-~--- ~ t:.I ~.,.. ....:; ..J, W ~l'. ..,. -- .-.-.- ---.. ~..-..... .- \ \ \ \ \. \ \. \ ') i I r T rrJFJ,y ".:~BQ. 2 ~ DAVIS A~Sr~tl H _; .'l.t :; ~ E c: A. . :; ~ .1 Dnn A Hughas Company ." f I <i I t .. HJ..fd8itEE A.S:r;.a -. r O.:r.; I :r-~ ....... ....- J .c . ~ --. J D~vel opmFlnt Plnl Cen:on C~)un.t,. 'i'e:.;,)5 ;'~)fjr.~. u. =,:~: .:;t.i'~l ~,-.~c. ~X:. ~'1< aJ i t i L.:~lI i Oil. C I~. ri ~i cation aud Rat i licnliu n Hughes In City n r Deuton Page 7 of7 Airpurl LCHSC DClllll n Cuunty. .l't;,~as "M.,EMORAN.D.UM O'F "MOHIFICATION,CLARJFICATION & RAT.lFICATION O"F OIL, GAS & MINERAL LEAS"E City of Denton Airport S'f/\T'E OF TEXAS ~ s ~ COlJNrrV OF DEN-rON ~ KNOW ALL.. MEN BY TI-IESE PRESENTS rrI-IA""r: By a Modilkation, Clari fication & RatHication of Oil, Gas & Mineral LCi.lse of even dale herewith, the City of Denton whose address is 25 East McKinney, Denton, Texas 76201 <md Dun A. Hughes Company, a sole proprietorship whose address is 208 E.'lst HOllston Street, Beeville, Texas 7X I 02 have modified and c1aritied the terms and provisions of the Oil, Gas .md Mineral Lease dated January 17,2002, a Memorandum of which is recorded in Volume 501{) at page :;':58 of the Official Public Records of Denton County, Texas, from the City of Denton to Enexco, ~ nc~_~ covering the 554~ 14 acres of lands therein described. IN WITNESS WHEREOF this instrument has been executed by each of the undersigned on rhe dale sllch execution is ackno\v(edged. I.~ESSOR CITY OF OENTON By: Mi " e~ . Condutl: City Manb r a /\PPROVED AS TO LEGAL FORM: I-IERBERT L. PROUTY, CITY ATT'ORNEY By: ::t2o /" f.) + -'d' &. 6"r..u. ~ NOTICE OF CONFIDENTIALlTY RIGHTS: IF YOU ARE A NATURAL I)ERSON, YOU J'vIA Y REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. IJESSEE. IlAN A. HU(;HES COMPANY s.r/\.rE~ OF TEXAS C()IJNT"Y OF DENTON ... This illslnllllcnt WllS acknowledged betore me Oil tb is~lllV of ~ . 2005. bv ~~8el .r~ ~~~ as thc!'l'17Y'\'lallllger of th~ City of Dcnton, II lllunicipality cstabl shed under tl;e laws of rrC;-GIS~ 011 behal r of said city. S~J~/\ -rE OF TEXAS (~OlJN~rY OF BEE This instrument wns acknowledged betor.e me on this 3~ (lay or (jfl.... .. ,2005. hy Dan A. Hugl1~s~ o\vner of Dan A4 1,lugltes COlllpuny~ c s e . prictorship.. ~ rvt r ~. . PV ni rp.~. e KATHERINE A. YOUNG NOTARY PUBUC STATE OF TEXAS Mj CommMioR Expires 11-18-2001 1\.1 ~ III ()n 1 n( ill Jl1 () r !\1tld i Jieal i n 11 ^gn:Clllcn ( Hllght:s 10 CjlY of Denton Pag.e 1 of 2 A irpurt Lease I)~ n l t)1] Clltln I Y. ~J 'cxa:s 1 DRAFT MINUTES 2 AIRPORT ADVISORY BOARD MEETING 3 MAY 10,2006 4 5 After determining that a quorum was present, the Airport Advisory Board convened in a 6 Regular Meeting on Wednesday, May 10, 2006 at 5:30 p.m. in the Denton Civic Center 7 Building in the Community Room at 321 East McKinney, Denton, Texas. 8 9 BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, 10 Jay Anderson, Charles Brown, Bob Eames, Larry Luce, and John Kristoferson. 11 12 BOARD MEMBERS ABSENT: None 13 14 STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim 15 Whitman, Airport Manager, Julie Mullins, Aviation Assistant, and Herb Prouty, 16 Consulting Attorney. 17 18 PUBLIC PRESENT: Chris Hammock, Vice President of Stroud Energy, Cathy Aniello, 19 Regulatory Analyst, Stroud Energy. 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION 22 23 Receive a report, hold a discussion and provide a recommendation on regarding a 24 Mineral Lease with Stroud Energy, LLC. The Board reserves the right to convene 25 into executive session for deliberations regarding real property - Under TEXAS 26 GOVERNMENT CODE Section 551.072. 27 28 Mr. Nelson gave an overview of the Oil, gas and mineral lease with Stroud 29 Energy, referencing the maximum time of 180-days to initiate drilling on 30 subsequent wells. Mr. Nelson stated that Stroud has requested that the City 31 consider two of three options outlined in an April 12, 2006 letter that may 32 enhance drilling efficiencies of the Denton Airport gas lease resulting in increased 33 revenue. To facilitate the most efficient and effective option would require the 34 City to allow for an extension of the 180-day requirement. This extension would 35 allow Stroud Energy to bid on the remaining Airport property and more 36 efficiently locate Well #4H and a proposed Well #5H if Stroud is successful in 37 winning the bid on the additional Airport property. 38 39 Cathy Aniello, Regulatory Analyst, Stroud Energy addressed the Board and 40 indicated that Stroud was interested in leasing the additional property located in 41 the approach zone to Runway 35 which was not included in the original lease. 42 Ms. Aniello further explained the three options outlined in her April letter to 43 airport management. She explained that Option 1 is the current direction Stroud 44 will take should the City not take action on the additional property or refuse to 45 waive Rule 37. Ms. Aniello indicated that Option 2 would involve approval of a 46 waiver to Rule 37 allowing Stroud to drill closer to the lease line that state law Exhibit 5 AIRPORT ADVISORY BOARD DRAFT MINUTES MAY 10,2006 PAGE 2 1 permits. This would require application to the Texas Rail Road Commission 2 seeking an approval of a waiver to Rule 37. This option would permit Stroud to 3 expand the spacing of the wells and enhance the drain of the leasehold. Option 3 4 demonstrates a successful bid by Stroud on approximately 38 additional acres 5 which would permit the enhanced spacing of wells and the addition of a 5th gas 6 well on airport property. 7 8 Ms. Aniello explained in detail State Rule 37 which allows oil and gas operators 9 to drill closer to the leasehold line which is typically 330 feet, and discussed the 10 process to seek approval of a waiver to State Rule 37. 11 12 Airport Management discussed the appropriate amount of time for extension of 13 the drilling requirements to allow Stroud an appropriate amount of time to 14 schedule a drilling rig. It was agreed by Airport Advisory Board, Stroud Energy 15 and Airport Management to seek a 90-day extension from the time the City of 16 Denton enters into an oil, gas and mineral agreement on the additional airport 1 7 property. 18 19 Airport Advisory Board gave Airport Management direction to work with 20 Stroud Energy on a proposed 90-day extension and facilitate an the RFP for 21 the additional property. 22 23 24 25 AGENDA INFORMATION SHEET AGENDA DATE: June 20,2006 DEPARTMENT: Police ACM: Jon Fortune ff 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. At the May 16, 2006 City Council meeting, the proposed towing ordinance was pulled from the consent agenda pursuant to two company operator's concerns. Their concerns were based on language in the proposed ordinance regarding eligibility requirements for placement on the Police Department's towing rotation list. The eligibility requirement concerning the operators was the provision for supplying "roll-back" wreckers. On May 25th, Police Department administration met with the two towing company operators to address this concern. A compromise was reached out of this meeting that the proposed ordinance will omit the provision of roll back wreckers as an eligibility requirement for placement on the towing rotation list. In addition, the compromise stipulates that if three times within a one-year period a towing company is unable to provide towing service, the company will be suspended from the rotation list. 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. . One phone number per company that is answered 24 hours a day. . Must be available to release vehicles per TX DOT regulations. . Vehicle owner 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 Impound ordinance to Council June Policy development/ordinance effective July Begin outsourcing Aug 16 Auction of remaining vehicles and clearance of existing auto pound Respectfully submitted, _:..iy Charles Wiley Chief of Police Prep~red by~ = ~~~'.:"Jf~i:.:.-' Paul Abbott, Captain Support Bureau Loyd Burns, Lieutenant Support Bureau S:\Our Documents\Ordinances\06\Towing Ordinance.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 Ordinance.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 (GVW) 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 Ordinance.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. All equipment, including any tilt bed/roll back car carriers, 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. Refusing to respond to a police-initiated tow or declining to tow a vehicle after arriving on the scene shall result in an immediate suspension of the permit for a period of up to thirty days as determined by the director. If the tow service has refused a tow or declined a tow on the scene three or more times within a twelve-month period, then the suspension process in Section 23-102 applies. (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. Page 3 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (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: (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 Page 4 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc other statutes that affect the title transfer of a stored vehicle, and any other applicable City ordinances or state and federal laws. (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; Page 5 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (3) hold a valid driver's license issued by the State of Texas; (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; Page 6 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc 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; 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; Page 7 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc 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 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. Page 8 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (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. 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; Page 9 of 15 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (3) A description of the size and capacity of all tow trucks used by the tow serVIce. (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 Ordinance.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 Ordinance.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 Ordinance.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 Ordinance.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 Ordinance.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: fff#_~ ........ -: .. Page 15 of 15 , 2006. PERRY R. McNEILL, MAYOR S :\Qur Documents\Miscellaneous\06\CC Rules of Procedure AIS.doc AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEPARTMENT: Legal Department CM/DCM/ ACM: Ed Snyder, City Attorney SUBJECT: Consider adoption of an ordinance amending Ordinance No. 2005-174 and Section 2-29 of the City Code relating to rules of procedure for the City Council of the City of Denton, Texas; by clarifying application of suspension of the rules, creating the position of Deputy Mayor Pro Tern and providing that the Deputy Mayor Pro Tern be added as a member of the agenda conunittee; and repealing and consolidating Ordinance 2005-174; providing a severability clause; and declaring an effective date. BACKGROUND: At Council's June 6, 2006 work session staff was directed to prepare an ordinance revising Sections 2.13,5.1, 5..2 and 6.1 of the "City Council Rules of Procedure. RECOMMENDATION: Approve the ordinance as presented; approve with modifications, or disapprove. FISCAL INFORMATION: None. Edwin M. Snyder "City Attorney S :\Our Documents\Ordinances\06\CC Rules of Procedure Ord 060506.doc ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2005-174 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; BY CLARIFYING APPLICATION OF SUSPENSION OF THE RULES, CREATING THE POSITION OF DEPUTY MAYOR PRO TEM AND PROVIDING THAT THE DEPUTY MAYOR PRO TEM BE ADDED AS A ME~ER OF THE AGENDA C01Vnv1ITTEE; AND REPEALING AND CONSOLIDATING ORDINANCE 2005-174; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTNE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of the City to. promulgate and establish rules of procedure to govern and conduct meetings, order of business, and rules of decorum, while acting as a legislative body representing the City; and WHEREAS, the City Council deems it in the public interest to create the position of Deputy Mayor Pro Tern; and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public meetings, it has become necessary to amend and consolidate all amendments of the City Council Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~RrTTON 1. That Ordinance No. 2005-174 and Section 2-29 of the City Code are hereby amended and consolidated in one ordinance known as the Denton City Council Rules of Procedure to read as follows: 1. (2-29(a)) AITTRORTTV 1.1 (1) rh~rter: Pursuant to the provisions of Section 2.07 of the . Charter of the City of Denton, Texas, the City Council hereby. enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2-29(b)) GRNRRAT J RITJ JFJ, 2.1 (1) M~~tinf~ to he Pllh1i~: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vemons Annotated Texas Civil Statutes 2005 (Vemons), as amended, shall be open to the public. 2.2 (2) Qllnnlm: Four members of the Council shall constitute a quorum for the transaction S:\Our Doctunen1s\OrWniID.Ces\06\CC RDles ofProccdure Ord O6OS06.doc of business. (Charter, Section 2.06) 2.3 (3) Comp~l1ine A ttfmrl~nce: No member shall be excused from attendance at a COWlcil meeting except for good and valid reasons. It will be the duty of the COlUlcil member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. 2.4 (4) Mi~~nnr111~t: The COlUlcil may pmrish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minllte~ ofMeeting~: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. .A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOV'T. CODE ANN. 01emons 2005), as amended. 2.6 (6) Qlle~1inn~ to ront~in One ~llhject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits ofa division. 2.7 (7) Right of Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subj ect under consideration or to be considered. No member shall be allowed to speak more than once on anyone subject until every member wishing to speak shall have spoken. 2.8 (8) City MHTIHgtr: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote.. (Charter, Section 5.03 (d)). . 2.9 (9) rlty Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless. excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) ~ity ~ecret;try: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the CounciL 2.11 (11) Offic~ ~nr1 Frmplny~~~: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the CounciL PAGE 2 S:\Our DocumeDtS\Ordinaoces\06\CC Rules of Pwc~ Ord 060506. doc 2.12 (12) Rl]le~ of Orner: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the mO,st recent Edition of Robert's Rules of Order revised shall govern.. . 2.13 (13) ~l1~en~ion of Rllle~: Any provision of these rules not governed by the City Charter or nth~ rlty roc1e provi~inn~ may be temporarily suspended by the affirmative vote of four members of the 'Council. The vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the Council. 2.14 (14) Amenc1ment ofRlIle~: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City COWlcil' at a prior Council meeting. 3. (2-29(c)) COnF~ OF rONllITCT 3.1 (1) rnlln~11 memher~: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or othetwise delay or intenupt the proceedings nor refuse to observe the rules of the Council. b.. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by.another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member.. If a COlUlcil member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) A elm ln1 ~trflti ve S fa ff: a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum 'applicable to members of the Council, and shall have no voice Wlless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and deconun of all City employees lUlder his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings.. d.. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. PAGE 3 s; 'Dw' Doeuments\Ordinances\06\CC Rules ofProccdure Ord O6OS06.doc e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) riti '7en~: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in seSSIon. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d~ Placards, hamlers, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staffmay step on to the dais. g~ All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. . h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do SO~ People addressing the City Council shall not be permitted to approach the dais~ If they wish .to hand out papers or other materials to the .City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. PAGE 4 S :\01lC Documents'Ordinances\06\CC Rules of Procedure Ord 060S06.doc Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand-held cameras only. Any radio station, which broadcasts the:Tegular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City CounciL This police officer shall act in the capacity of a security officer/sergeant-at- arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Councilor who otherwise violates any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affIrmative vote of a majority of the City:: Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Rnfnrcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall :furnish whatever assistance is needed to enforce the rules of deconun herein established~ 3.5 (5) Se~tlne A rrnn[rment: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the. Council Chamber assigned to them by the Mayor, but any two or more members of the COWlcil may exchange seats. 4. (2-29(d)) TVPRS OF MRRTTNnS 4.1 (1) ReE911~r M~etine~: The Council shall meet at 6:30 p.m. on the first and third Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at 5 :30 p.m., or at any other time set by the COlUlcil, unless the meeting is postponed or cancelled for valid reasons.. All regular meetings of the Council will be held in the Municipal Building at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 (2) ~pe~1:l1 M e~tine~: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX. GOV'T~ CODE ANN. 9 551.001, et seq. (Vernons 2005, as amended). The Mayor, City Manager, or tlrree of the cotUlcil members may designate a location for the special meeting other than the Mwricipal Building as long as the location is open to the public. 4.3 (3) Work~hop Meetings: Workshop meetings or work sessions may be held from 4:30 p.m. to 5:15 p.m.. on the first and third Tuesday of each month, or at such other times the Agenda PAGE 5 S:\Our DooWDf:n1s\OrdinanceS\06\CC Rules of Procedure Qfi1 060S06.doc Comrrrittee may designate, to discuss near to mid range issues.. Workshop meetings or work sessions may be held from 5:15 p~m. to 6:30 p.m. or at such other times as the agenda committee may designate, on the first and third Tuesday of each month, to answer Council questions concerning consent agenda items~ Workshop or Work Sessions may be held from 4:00 p.m. to 6:30 p~m" or at such other times as the Agenda Committee may designate, on the second Tuesday of each month to discuss mid to long-range issues.. Workshops Of. Work Sessions may be called using the same procedure required for special meetings as provided for in Section 4..2(2) above.. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with.City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Councilor City Manager.. These meetings are informational and normally, no final action shall be taken unless the posted agenda indicates otherwise. Citizens or. other interested persons attending the work session will not be allowed to participate in the session tmless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter~ The purpose of this .procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting.. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session.. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the COWlcil to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) Rmereency Me~tlne~: fu case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened~ 4.5 (5) rln~eci Meeting~: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN.. (Vernons 2005), as amended.. 4~6 (6) R~~e~~~c1 M~~tlnes: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting.. 4.7 (7) Nntlce ofMeetlne~: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX.. GOV'T CODE ANN. (Vernons 2005, as amended.) 5. (2-29(e)) PRRSTnTNG OFFlCF~R ANn nlJTIF~S 5..1 (1) Pr~~lrline Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tern, or in the M3ynr'~ ~nit the M~:y()r Pm-Tem'~ Hh.~enceJ th~ l)P{'11ty M~yor Pro-Tern, shall preside as chairman, or presiding officer at all meetings of the CounciL In the absence of the Mayor, Mayor Pro-Tern ~nit Df'{lllty M;:Jynr Pm-Tern, the Council shall elect a temporary presiding officer. PAGE 6 S;\Our Doenmenc.s\Ordinances\06\CC Rules of Procedure Ord 060506.doc (Charter, Section 2.03) 5.2 (2) r~l1 to Order: The meetings of the C01.U1cil shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tern, or in hl~ or h~r ~h~en~e the nPftlrty M~yor Pm-T~. In the" absence ofhoth the Mayor, the Mayor Pro- Tem ~nc1 th~ DP{lllty M ::IynT Pro-Tern, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Pre~erv~tion nf Orner: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Pnint~ of Orrler: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?f1. If a majority of the members present vote "No", the ruling of the chair is ovenuled; otherwise, it is sustained. 5.5 (5) Qlle~tinn~ to he ~t~terl: The presiding officer shall state all questions submitted for a vote and announce the result A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Snh~tihltion for Pr~~lrline Officer: The presiding officer may call any other memb"er to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) rflll for R~~~~~: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORnF~R OF RIJSTNRSS (Section 2~29 (I) ~ 6.1 (1) A~d~: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be" reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tern, the Depllty Mayor Pro-Tern} and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Council member has an "emergency" item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Conunittee. Conduct of business at special meetings and Council Committees and subconunittees will likewise be governed by an agenda and these Rilles of Procedure. 6.2 (2) Pl~c1~ of A lleV;:Jnce: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3100.101 of the Tex. Gov't PAGE 7 S:\Our Documcnts\Ordinances\06\CC Rules ofPoocedure Otd 060506.doe Code. 6.3 (3) Pre~ent~tinn~ hy Memher~ of rouTIcil: . The agenda shall provide a time when the Mayor or any Council member may bring before the COlUlcil any business that he or she feels should be deliberated upon by the Council at a. future Council meeting. These matters need not be specifically listed on the agenda, but discussion. and formal action on such matters shall be deferred lUltil a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or city staff shall only .respond preliminarily on this item. at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the backgrOWld materials to be desired at such meeting. 6.4 (4) Pr~~~nt~tion hy rlti7~n~: a. Clti7:~ Rf1'ort~: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the COlUlcil meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be provided on the agenda after the approval of items for individual consideration and before the item. "consideration of new business." Any speaker providing a citizen report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to speak or comment on another citizen's report, which is given at the same Council meeting. An amtOlUlcement shall be made, prior to the time for citizen reports on the agenda, summarizing the main portions of the Rules and Section 3 (2-29(c)), "Code of Conduct" as they may apply to citizens speaking to the Council. b. Speflking on Rpt?11::1r ~nrl Cnn~ent A~nd::J Ttem~: Any person who wishes to address the COlUlcil regarding a non-public hearing item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the COlU1ci~ considers the item. Any person wishing to address the Council on a public hearing item should complete a request to speak form and return it to the City Secretary. The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that persons giving citizen reports shall speak for no longer than four (4) minutes and applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in paragraph 6.4.d. (5) "Time T limlt~." The provisions of this paragraph do not apply to workshop meetings, and a citizen's right to speak and provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3)) "Workshop Meetings". c. Any person who wishes to address the Council at a public hearing should complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) ''Time T .imlt~_" PAGE 8 S:\Our Documents\Ordirumces\06\CC Rules ofProcedun: Ord 060.506.doc d~ . Any groUp or organization comprised of ten or more members present in the City Council Chambers who wishes to address th~ Council at a public hearing or on a non-public hearing agenda item shall designate a representative to address the City COWlcil and shall limit their remarks to ten (t.O) minutes or less~ The group .or organization shall tmn in a written designation to the City Secretary prior to the commencement of the meeting identifying the representative who will address the City COlUlcil on behalf of the group or organization. 6.5 (5) Time T jm;t~: Speakers before the COlUlcil shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Citizens reports shall be limited to four (4) minutes or less. Groups or organizations comprised often or more members shall limit their remarks in accordance with the parameters established in paragraph 6.4d (2-29(f)(4)~ At the discretion of the presiding officer or a majority of the City COlUlcil, any speaker may be granted an extension of time to speak. 6~6 (6) Oral Pr~~~nt~tl()n~ hy rlty M~nfleer: Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager~ If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfIed. 6~ 7 (7) Pre~~nt~tion of Proclamation~: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens~ Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7~ CONSTDF.RATTON OF ORnTNAN~RSr RRSOTjTTTTONSr 4ND MOTIONS (7-2c)(~)) 7.1 (1) Printeit or Typewrittfm Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic fonn~ The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or direct that the amended ordinance be placed on the next or any future COlUlcil Agenda for adoption. 7.2 (2) rlty Attorney tn Appmv~: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6~02)~ 7 ~3 (3) Distrihlltion of Orilin:ln(je~ anrl Re~nl11tion~: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient 7.4 (4) Recorciing of Vote~: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, PAGE 9 ~_.. S~\Our Documents\Ordinances\06\CC Ru[es of Procedure Ord 060506.doc Section 2~06 (b)). 7.5 (5) M~ority Vote Re~nirerl: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State. of Texas, or these Rules. (Charter, Section 2.06)~ 7~5.1(a) Tie-Vote: Matters voted on .by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7~6 (6) Demanc1 for Roll (;}l11: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7~12, The Previous Question~ It shall not be in order for members to explain their vote during the roll call. 7~7 (7) Pe~on~l Pnvilee~: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned~ 7.8 (8) nl~~~nt~ ~nrl Prote~t~: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7~9 (9) Voting R~ql1ir?I1: No member shall be excused from voting except for lack of information and except on matters involving the consideration ofms or her own official conduct, or where his .or her personal interests are involved in accordance with Chapter 171, TEX. LOC. GOV'T CODE ANN. 01 emon 2005), and in these instances he or she shall abstain. Any member prohibited from. voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room~ The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Orrler ofPrecec1~c~ ofMntinn~: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; 2~ Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; .5. Previous question (2/3 vote required); PAGE 10 S:\Our Documents'Drdwam:::es\06\CC Rules of Proecdure Ord O6OS06.doo 6. Limit or extend limits of debate (2/3 vote required); 7.. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main Motion.. b. . The first two motions are not always privileged.. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. C.. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3.. While a vote is being taken~ d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7..11 (11) Recon~ic1~r~tinn: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the CounciL Such a motion can only be made by a member who voted with the prevailing side.. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Cotulcil member who wishes to make such a motion at a meeting succeeding the meeting ..where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda~ No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof: A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the COlUlcil cannot be reintroduced to the Councilor placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure.. 7.12 (12) The Previoll~ (lllestion: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the PAGE 11 s: \Our Doeuments\Ordinanc~ Ru:les of Procedure Ord 060506.doc Council.. Any pending amendments shall be put in their order before the main question.. If the motion . for the previous question. is lost, the.. main question remains before the Council. An affirmative vote of 2/3 of the COWlcil shall be required to move the previous question. To demand the previous question is equivalent in effect to moving UThat debate now cease, and the Council shall immediately proceed to vote on the pending motionU.. fu practice, this is done with the phrase "Call for the question", or simply saying "Question". 7~13 (13) Withiir~w::ll of Motion~: A motion may be withdrawn, or modifiaL by its movant without asking permission lUltil the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an ~endment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Arprnp,;~tlon~ of Mnn~y: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. fu addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her reconunendations as to the desirability of the appropriation. 7.15 (15) Tr:ln~fer of ~ppropriatinn~: At the request of the City Manager, at any time during the fiscal year, the COlll1cil may by resolution transfer an unencwnbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. 8~ CRRA TTON OF rOMMITTRFJ\r ROA RDS ANn COMMISSIONS 0-29(J1)) 8.1 (1) rnnn~il rommlttee~: The: COWlcil may, as the need arises, authorize the appointment of Council conunittees~ Any conunittee so created shall cease to exist when abolished by a majority vote of the Council. 8~2 (2) c;lti7.en Ro~rdsJ rommi~~lonsJ find rommittee~: The COWlcil may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code~ Memberships and selection of members shall be as provided by the Council if not specified by the City Charter or Code.. Any Committee, Board, or Commission so created shall cease to exist when abolished by a majority of the vote of the COlUlciL No Committee so appointed shall have powers other than advisory to the Councilor to the City Manager, except as otherwise specified by the Charter or Code. 8~3 (3) ApI'()intment~: a. Individual City Council members making nominations for members to citizen boards and conunissions will consider interested persons on a citywide basis~ PAGE 12 S:\Our llocun1enU\Ordinaoc.cSlO6\CC Rules of Procedure Old O6OSQ6.doc b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment 'process. City Council members will consider ethnicity, gender, socia-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City COlUlcil will take into consideration an individual's qualifications, willingness to selVe, and application information in selecting nominations for membership to each board and commiSSIon. d. fu an effort to ensure maximum citizen participation, City Council members. will continue the general practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board~ e. Each City COlUlcil member will be. responsible for making nominations for board and commission places assigned to him or her, which may correspond to the City Council members place~ Individual City Council members will_make nominations to the full City Council for the governing bodys approval or disapproval. 8.4 (4) Rll1~~ of Procedure: Board and Commission members shall comply with the provisions of Article ill of Chapter 2 of the Code of Ordinances. Each Board shall be provided a copy of these rules of procedure and each advisory board shall adopt rules of procedure governing the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible. 9. VOTRS RF~QTTJRRn 0-29 (j)) Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) rh ~rter ~nct ~t~te ~t;:th ItOry R eq} Ii rem fmt~: a. Ch~rter A menc1ment - Five V nte~: Ordinances submitting proposed Charter amendments must be adopted by a two-thirds vote of the COlUlcil. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Govennnent Code (Vemons 2005~) For a seven member COWlcil, this means five members must vote affirmatively. b. T ~evying TRxe~ - Five V ntt:~~: Ordinances providing for the assessment and collection of certain taxes require the approval of two-third~ of the members of the COWlcil (Section 302.101 Texas Tax Code) (Vemons, 2005). c. Changjng PHvine A~~e~~m~t Pl;:)n~ - Five Vote~: Changes in plans for paving assessment require a two-thirds vote of the Council (Section 313.053(e) Transportation Code, Vemons 2005). d. ~hHn~~ in 7on;ne Orninance or Zoning rl~s~ifi~~tion~: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or PAGE 13 S~\Our DoeumctUS\Ordinanccs\06\CC Rules of Procedure Ord 060506.doc more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City COWlcil; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loe. Gov't Code and Section 35.3.4.C.(4) Denton City Code (Development Code). e. Amennmfmt ofT~x Ahatem~t P()li~y: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council (Section 312~002(c)) Texas Tax Code 01ernons 2005). 10. SRVF~RA RIT ~TTV CT ~A TTSR ~-29(j)) " That if any section, subsection, paragraph, sentence, clause, plrrase or word in this ordinance, or application thereof to any person or circmnstances 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. ~FJ~TTON 2 That Ordinance No. 2005-174 is hereby repealed. ~F,rTTON 1. That this Ordinance shall " become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 2006" PERRY R~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~ BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYD CITY ATTORNEY BY: PAGE 14 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: PARD/Community Development Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT A resolution of the City of Denton, Texas authorizing the City Manager to sign and submit, to the US Department of Housing and Urban Development, an application for a CDBG Section 108 Loan Guarantee with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and providing for an effective date. BACKGROUND City Council reviewed the Section 108 application at a work session on June 6th. Since that meeting, staff has determined that a resolution must be approved to satisfy the application certifications. The Section 108 Program is a loan guarantee program that is available to communities based on their receipt of Community Development Block Grant funds. A CDBG grantee may request up to five times the amount of their current CDBG allocation for any eligible activity. The application that staff has prepared requests $650,000 in funding. This funding will supplement the Home Improvement Loan Program budget for the next two years. The $650,000 request is based on an analysis of the current loan income received from the Home Improvement Loan Program. HUD requirements for the Section 108 Loan Guarantee program state that grantees must pledge assets for loan repayment including future CDBG allocations. CDBG allocations cannot be the sole source of payback for the loan. Community Development staff has determined that loan payment income from the Home Improvement Program would cover the payments on the loan guarantee. The total monthly loan repayment is estimated at $4,500. Current monthly loan income averages $5,000 per month. No additional City assets would be pledged as security. If loan funds are insufficient and the CDBG program is no longer funded in the Federal budget, the debt would be forgiven. If awarded funding, staff will request final approval of the funding agreement by City Council. ESTIMATED PROJECT SCHEDULE After receipt, funding received under the Section 108 Loan Guarantee Program will be spent on eligible Home Improvement Program projects within a 24 to 30-month period. PRIOR ACTION/REVIEW (Councils.. Boards.. Commissions) City Council discussed the application on June 6th. The consensus was for staff to submit the application. The Community Development Advisory Committee was advised that community development staff planned to pursue additional sources of funding including a Section 108 Loan Guarantee. FISCAL INFORMATION Current Community Development staff will administer the funding as part of the existing Home Improvement Program. Staff salaries, supplies, training, etc. will be paid from the CDBG and HOME administration and program budgets. No general funds are requested to support this program. EXHIBITS 1. Resolution 2. Section 108 Application Respectfully submitted: __:~'~f:::,~f~.l,']]:::~',jl .............................. .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . ............................... .................. ................................ ................. ................................................................:.....-. v. ................................... Janet Fitzgerald Director of Parks and Recreation Prepared by: Barbara Ross Community Development Administrator S:\OUf Documents\Resolutions\06\Section 108 App Resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT, TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICA TION FOR A CDBG SECTION 108 LOAN GUARANTEE WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, 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; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income that currently reside in substandard housing; and WHEREAS, the City of Denton, Texas, wishes to submit a CDBG Section 108 Loan Guarantee Program application requesting funds to support the City's existing Home Improvement Loan Program in the approximate amount of $650,000; and WHEREAS, pursuant to federal regulations, the City of Denton, Texas has adopted a Citizen Participation Plan for the citizens to publicly comment on citizen participation requirements and proposed activities, and staff has complied with the Citizen Participation Plan, including the holding of public hearings; and WHEREAS, the City of Denton's Consolidated Plan for Housing and Community Development has been amended to include CDBG Section 108 Loan Guarantee funds as a potential source for housing rehabilitation and reconstruction programs within the City; 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 an application for CDBG Section 108 Loan Guarantee funding and appropriate certifications, including a certification providing assurance that the City has the legal authority to make the pledge of grants required under CFR 570.705 (b) (2), for funding under the Housing and Community Development Act of 1974, as amended, and the City Manager is authorized to exercise all rights and duties of the City under this application. 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. SECTION 3. The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: City of Denton, Texas Community Development Block Grant Section 108 Loan Application Section I: General Information Standard Form 424: Applicant: City of Denton, Denton County, Texas - Entitlement City Denton's 2006 CDBG allocation: $890,440 Section 108 Loan Request: $650,000 Congressional District: Texas District 26 (See District Map - Appendix B) Chief Elected Official: Staff Contact: Phone: Fax: Email: Perry McNeill Mayor of Denton 215 E McKinney Street Denton, TX 76201 (940) 349-7717 (940) 349-8596 perry.mcneill@cityofdenton.com Name: T i tl e : Address: Phone: Fax: Email: Barbara Ross CD Administrator 101 S Locust St. - STE 500 Denton, TX 76201 (940) 349-7726 (940) 383-2445 barbara.ross@cityofdenton.com Name: T i tl e: Address: Section II: The Proiect: Objectives: The City of Denton's 2005-2009 Consolidated Plan for Housing and Community Development includes an Owner-Occupied Housing Strategy that states that the City will, "encourage and assist low and moderate-income homeowners to maintain their units up to current City of Denton code standards." The Consolidated Plan was recently amended by the City's 2006 Action Plan to include the Section 108 Loan Guarantee Program as a potential funding source. Section 108 funds will be used to meet the City's Owner-Occupied Housing Strategy. To a great extent, this Consolidated Plan strategy is accomplished through the Home Improvement Program (HIP). Home Improvement Program activities are eligible CDBG activities based on the following definitions and citations: Housing Rehabilitation - 24 CFR 570.703(h), 570.202 (a)(I); and Reconstruction [chapter 2, pages 2-83 and 2-84, in the CDBG Guide to National Objectives and Eligible Activities for Entitlement Communities: "Reconstruction became explicitly eligible for CDBG assistance as a result of a legislative change under section 225 of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (P.L. 104-234, enacted April 26, 1996). This change [in section 1 05 (a) (4) of the Housing and Community Development Act of 1974 as amended] broadens grantees' ability to use CDBG funds for "reconstruction" of properties."] The Home Improvement Program will also meet a national objective as required by the Section 108 Loan Guarantee Program as a low-mod housing activity referenced in 24 CFR 570.208 (a)(3). Exhibit 2 Project Purpose: The need to provide affordable housing options to low and moderate-income households in Denton, Texas has been given a "HIGH" priority in the city's FY 2005-2009 Consolidated Plan. The purpose of this Section 108 Loan application is to leverage funds to ensure continuation of the Home Improvement Program (HIP) at its current level. The project will increase the number of available habitable housing units in target areas (see Target Areas Map at Appendix A) by providing low interest loans to assist low and moderate-income owners with rehabilitation, or, when rehabilitation is not feasible, reconstruction of modest single-family units. The need for additional funds to carry out the HIP is threefold: 1.) Denton's Federal CDBG funding has steadily decreased since the late 1990's; 2.) Construction materials, housing rehabilitation and labor costs have steadily increased during this same timeframe; and 3.) As the City completes substantial rehabilitation and reconstruction projects in target areas, the program self advertises. Because of the backlog of households waiting for assistance (44), this program is not widely advertised; yet, the waiting list continues to steadily grow with little or no marketing efforts. There is no question that the need for this assistance is great. Without additional funds to support HIP, Denton's owner-occupied affordable housing stock is in danger of further deterioration. The City of Denton must determine whether to assist fewer households, discontinue/decrease assistance for the reconstruction activity and/or find additional funds to keep assistance levels the same. Reconstruction has been a very successful and worthwhile, but a very costly activity. To discontinue the reconstruction activity would mean the households with the greatest housing needs would not be served, or would receive only minimal, "band aid" help through the City's minor repair program. The City of Denton continues to apply for Federal Home Loan Bank funds to support program activities. Their funding criteria have continually become stricter making it increasingly more difficult to be approved for funding for the City's HIP. In order to continue providing assistance for this high priority activity, it is critical that the City take action now to ensure the HIP's level and type of assistance is not cut. Denton is committed to continuing its search for funding sources. In the meantime, the City of Denton is in a position to financially back a loan from the Section 108 Loan Guarantee Program to prevent reducing its level of assistance to its citizenry at this time. Project Structure: . The City of Denton will be the borrower and principal party for the Section 108 Loan. . The City's Community Development Division currently administers the Home Improvement Program and has staff and procedures in place to successfully undertake this proj ect. . Because the project involves rehabilitation and reconstruction of owner-occupied units, the City of Denton will work with the households to be assisted to develop project specifications, disseminate bid packets and allow owners to choose a contractor from eligible bids. There will be no developer participating in the program. . The City of Denton will be using existing program loan income as equity for the loan. The current loan portfolio has sufficient value and income to provide equity for the loan. . Though the individual homeowners will own the asset upon completion, all loans are secured by property liens set up as deeds of trust with referenced promissory notes that 2 protect the City's investment. Section 108 Loan project addresses are not identifiable at this time. Each qualified household and unit will be certified to ensure projects meet all regulations as required by 24 CFR 570 Subparts A, C, D, J, K, M and o. . No businesses will be directly assisted with the Section 108 funding; however, these funds will provide a source of income for local builders, general contractors, materialmen and subcontractors. . This project does not include acquisition. The activity of owner-occupied rehabilitation and reconstruction assists households on their developed homesteaded lots. . Application to the Home Improvement Program is voluntary and therefore, does not require relocation costs be provided. Qualifying households will be responsible for their own relocation costs including temporary re-housing and moving and storage of household goods when reconstruction of a property is required. Though the rehabilitation activity does not normally require relocation, if temporary relocation is required during a rehabilitation project, these households will also be responsible for their own temporary re-housing costs. In the event rehousing is necessary due to lead-based paint activity and the household does not have a place to temporarily relocate to until lead clearance testing can be achieved, households will be temporarily rehoused to a hotel and be provided a daily per diem using CDBG or, if available, Lead Hazard Control grant funds. The City of Denton Community Development Division has a relocation policy for the purpose of protecting families during lead hazard control activities. Project Implementation: The Section 108 loan project will be implemented immediately upon funding availability. The HIP is an ongoing program with a waiting list of 44 families to date. It is the goal of this program to assist 14 to 20 households with substantial rehabilitation or reconstruction over two years. The Section 108 loan funds, along with CDBG, HOME and Federal Home Loan Bank funds will be expended over a two- to three year time frame from the time the funds become available. Staff expertise, program guidelines and policies necessary to carry out this project are already in place. There is currently a housing programs manager who manages the program and approves and oversees individual projects. A program specialist is on staff whose duties include soliciting applications, underwriting, and servicing loans. This includes invoicing, documenting payments and collections work when it becomes necessary. The entire loan process is handled in-house. Community Development also has a residential construction specialist who oversees the rehabilitation, demolition and reconstruction work, approves contractor payment requests, prepares change orders, verifies that contractors and sub-contractors are not on HUD's debarred list, etc. The project will follow these steps: 1. Advertise citywide for participants. 2. Accept applications for program (follow previously adopted underwriting procedures). 3. Determine applicant eligibility. 4. Residential construction specialist will complete structural evaluation of home. 5. Determination as to the scope of work, i.e. rehabilitation or reconstruction. 6. Write-up is completed, cost estimate is prepared and bids are solicited 7. Owner chooses contractor from eligible bids (within 10 % of cost estimate). 8. Contractor and homeowner execute a contract for the pending work 9. Work begins 3 10. During projects and upon completion, staff will perform inspections to ensure quality of work and materials. City of Denton Building Inspections Division staff performs code inspections at required intervals and at final. 11. Statutory Retainage (10 percent of proj ect bid) is held at final inspection. Contractor may request retainage 30 days after final inspection if work is satisfactorily completed. 12. Owner's loan payback begins one month after statutory retainage is paid to contractor. (In the event there are monetary change orders, owners sign revised contracts at project end to reflect contract and loan amount changes.) The Home Improvement Program consists of the following eligible activities: Owner-Occupied Rehabilitation: will assist eligible applicants to rehabilitate single-family principal residences by making needed repairs with the first priority being to correct code violations. This activity is eligible when a completed project will yield a structurally sound, safe, sanitary and decent single-family dwelling that meets local building codes. Owner-Occupied Reconstruction: is available when existing dwellings are not feasible for rehabilitation. Optional reconstruction provides funds to demolish existing dilapidated dwellings and reconstruct modest, energy efficient, safe and sanitary replacement single- family dwellings on the same lot. The Home Improvement Program provides a combination payable/deferred loan. The payable/deferred portions are a split percent of the total project cost on a sliding scale based on income level adjusted for family size. The lien includes the total City-paid project costs distributed in the following percentages: Household AM Income Levels 80%->65% Moderate 65%->50% Low 50%->30% Very Low ::;30% Extremely low 70 30 40 60 20 80 10 90 The payable loan carries a 3 or 4 percent interest rate and is amortized from 5 to 20- years depending on the loan amount. The deferred loan portion has a zero percent interest rate and a percentage is forgiven monthly for the term of the lien. Loan Terms % Payable % Deferred To qualify, a property must exhibit one or more building code deficiencies. Properties deemed not feasible for rehabilitation are eligible to apply for a reconstruction. The City does not pay for temporary relocation of families since assistance for this activity is voluntary. Applicants must be in good credit standing and have sufficient income to pay a Home Improvement Program loan as well as housing expenses (homeowner's insurance, property taxes, utilities, existing first liens). Properties are not eligible for rehabilitation assistance when the only issues to be addressed are cosmetic or when less than $5,000 in repairs is needed. Statement of Financial Sources and Uses Statement: Section 108 Loan CDBG/HOME (two year period) FHLB funds Owner Funds $ 650,000 $ 450,000 $ 15,000 $ 3,000 4 TOTAL $1,118,000 Rehabilitation Costs (12 units) Reconstruction Costs (8 units) TOTAL: $ 468,000 $ 650,000 $1,118,000 Eligible Activitv Section 108 Other Housing Rehabilitation & $650,000 $468,000 Relocation eligible under S570.202, (S570.703 (h)) National Obiective S570.208 (a) (2) Budget Rehabilitation Hard Costs Reconstruction Costs Demolition Costs Project Soft costs (platting, filing, title search, etc. fees) Total Project Costs $ 467,000 $ 597,000 $ 48,000 $ 6,000 $ 1,118,000 National Objective Compliance Denton's HIP guidelines sets up a program that meets the national objective of benefiting low and moderate-income persons for the "purpose of improving permanent residential structures", as referenced in 24 CFR S570.208(a)(3). The project will be a Low-Mod Housing activity that will limit participation to low and moderate-income households. Gross household incomes must be at or below 80 percent of Denton area median income level, adjusted for family size. The FY 2006 eligibility income levels for Denton, adjusted for family size are: Number of People Living in Household 1 2 3 4 5 6 7 8 Rehabilitation I Reconstruction 800/0 of Denton's AMI Maximum Income Limits $37,250 $42,550 $47,900 $53,200 $57,450 $61,700 $65,950 $70,200 These income levels are adjusted when new approved levels are posted by the Department of Housing and Urban Development. Households making above 80 percent of Denton's median income levels are not eligible for assistance. 5 SECTION III: SUPPORTING INFORMATION: Identify loan repayment source (both CDBG pledges and program income): The City of Denton has funded owner-occupant rehabilitation loan assistance for more than 20 years and reconstruction loan assistance for eleven years. In addition to pledging future CDBG funds, the HIP loan income portfolio (as of 5/1/2006) has a pre-interest value of approximately $655,300 that will be pledged as collateral for the Section 108 loan. The $655,300 loan portfolio value represents the payable portion of current outstanding loans at pre-interest value (loans are a combination of payable/deferred portions). The amount of expected income from this loan portfolio, with interest over time remaining, is $896,000. History shows both interest income and income from deferred loan payoffs greatly increases the income potential of the portfolio. Additionally, Denton has a zero percent default rate and a very low "slow pay" rate. The Section 108 loan project will generate new HIP loan income with an estimated pre-interest value of $400,000. Staff projects future new loan income will be generated from projects completed with CDBG, HOME, Federal Home Loan Bank, owner and other funding sources, as they become available after the Section 108 project is complete. This will generate additional loan income estimated at $12,000 compounded annually. Program loan income in excess of amounts held as collateral to pay the Section 108 Loan will be available to continue HIP activities. This should ensure that a steady source of funding remains available for this high priority activity. It will also serve to continually strengthen the loan portfolio. PROPOSED SECTION 108 LOAN REPAYMENT SCHEDULE YEAR PRINCIPAL YEAR PRINCIPAL 1 $33,000 11 $33,000 2 $33,000 12 $33,000 3 $33,000 13 $33,000 4 $33,000 14 $33,000 5 $33,000 15 $33,000 6 $33,000 16 $33,000 7 $33,000 17 $33,000 8 $33,000 18 $33,000 9 $33,000 19 $33,000 10 $33,000 20 $23,000 Along with the loan repayments and the CDBG Entitlement fund pledge, the Section 108 Loan will be collateralized through a first or second lien on the homes of those participating in the program. 6 APPENDIX A City of Denton, Texas Home Improvement Program - Target Areas Map '-0 ~ ~ ..u i:: ~ ..~ Q QO U 10- L ~ [5 g :~ o ~ ~ ~ ~ (113 c .2 t ~ ....... fa ~ . ..... ~ ~ 5 u SECTION 108 LOAN GUARANTEES ENTITLEMENT PUBLIC ENTITY CERTIFICATIONS In accordance with Section 108 of the Housing and Community Development Act of 1974, as amended, (the "Act") and with 24 CFR S 570. 704(b) the public entity certifies that: (i) It possesses the legal authority to submit the application for assistance under 24 CFR Part 570, Subpart M ("Subpart M") and to use the guaranteed loan funds in accordance with the requirements of Subpart M. (ii) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the public entity to submit the application and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public entity to act in connection with the application to provide such additional information as may be required. (iii) Before submission of its application to HUD, the public entity has: (A) Furnished citizens with information required by S 570.704(a)(2)(i); (B) Held at least one public hearing to obtain the views of citizens on community development and housing needs; and (C) Prepared its application in accordance with S 570.704(a)(1)(iv) and made the application available to the public. (iv) It is following a detailed citizen participation plan which meets the requirements described in S 570. 704( a)(2). (v) The public entity will affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352,42 U.S.C. 2000d et seq.); and (B) The Fair Housing Act (42 U.S.C. 3601-20). (vi) In the aggregate, at least 70 percent of all CDBG funds, as defined at S 570.3( e), to be expended during the one, two, or three consecutive years specified by the public entity for its CDBG program will be for activities which benefit low and moderate income persons, as described in criteria at S 570.208(a). (vii) It will comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low and moderate income housing described in S 570.606. (viii) It will comply with the requirements of S 570.200( c )(2) with regard to the use of special assessments to recover the capital costs of activities assisted with guaranteed loan funds. (ix) It will comply with the other provisions of the Act and with other applicable laws. (x) (Where applicable, the public entity may also include the following additional certification.) It lacks sufficient resources from funds provided under Subpart M or program income to allow it to comply with the provisions of S 570.200( c )(2), and it must therefore assess properties owned and occupied by moderate income persons, to recover the guaranteed loan funded portion of the capital cost without paying such assessments in their behalf from guaranteed loan funds. 1 SECTION 108 LOAN GUARANTEES Certification of Legal Authority to Pledge Grants The public entity hereby certifies and assures with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it possesses the legal authority to make the pledge of grants required under 24 CFR S 570. 705(b )(2). 2 SECTION 108 LOAN GUARANTEES Certification Of Efforts To Obtain Other Financing The CITY OF DENTON hereby assures and certifies with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it has made efforts to obtain financing for the activities described herein without the use of such guarantee, it will maintain documentation of such efforts for the term of the loan guarantee, and it can not complete such financing consistent with the timely execution of the project without such guarantee. 3 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-- Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ( c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 4 SECTION 108 LOAN GUARANTEES STATEMENT REGARDING LOBBYING THE UNDERSIGNED STATES, TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THAT: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more that $100,000 for each such failure. 5 SECTION 108 LOAN GUARANTEES CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The certification set out below is a material representation upon which reliance is placed by the us. Department of Housing and Urban Development in awarding the loan guarantee assistance. If it is later determined that the public entity knowingly rendered afalse certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the us. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICA TION A. The public entity certifies that it will provide a drug-free workplace by: ( a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the public entity's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The public entity's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the activities undertaken with the loan guarantee assistance be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the loan guarantee, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later that five days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) 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; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted -- (1) 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 (2) 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; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraph of paragraphs (a), (b), (c), (d), (e) and (f). 7 B. The public entity shall insert in the space provided below the site(s) expected to be used for the performance of work under the assistance covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): Owner-Occupants must apply and be approved before locations are identified. Eligible applicants must live in a target area (Map at Appendix A). Eligible properties must meet all FederaL State and Local environmental and regulatory requirements. Check _X_ if there are workplaces on file that are not identified here. 8 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEPARTMENT: Finance/Budget ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a first amendment to a contract for professional legal services with Denton, Navarro, Rocha & Bernal for professional legal services relating to meet and confer bargaining issues pursuant to Texas Local Government Code 142.051, et seq., and Texas Local Government Code 142.101, et seq., authorizing the expenditure therefore, and providing an effective date. BACKGROUND The City entered into a professional services agreement with Denton, Navarro, Rocha & Bernal for professional legal services relating to meet and confer bargaining issues. The initial ordinance approved by Council in November 2005 stated the professional services agreement would not exceed $25,000. The professional services agreement was for legal services associated with meet and confer negotiations with the Fire Department. Since the initial ordinance was approved, the City has engaged in a meet and confer process with the Police Department. With the addition of the Police Department in the meet and confer process, the initial estimate for professional services is anticipated to exceed $25,000. This amendment to the approved Ordinance extends the agreement amount not to exceed $75,000. PRIOR ACTION/REVIEW The City Council reviewed and approved Ordinance 2005-331 November 1, 2005, to enter into a professional services agreement with Denton, Navarro, Rocha & Bernal. FISCAL INFORMA TON The amendment to the Ordinance 2005-331 extends the Professional Services Agreement to an amount not to exceed $75,000. Respectfully submitted: " ' '-. ",. Jon Fortune Assistant City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH DENTON, NAVARRO, ROCHA & BERNAL FOR PROFESSIONAL LEGAL SERVICES RELATING TO MEET AND CONFER BARGAINING ISSUES PURSUANT TO TEX. LOC. GOV;T CODE 9142.051, ET SEQ., AND TEXAS LOC. GOV'T CODE ~142.101, ET S.EQ.; AUTHORIZING THE EXPENDITURE THEREFOR; AND PROVIDING AN EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Interim City Manager is hereby authorized to execute a First Amendment to Contract for Professional Legal Services with Denton, Navarro, Rocha & Bemal for professional legal services relating to meet and confer bargaining issues pursuant to Tex. .Loc. Gov't Code 9142..051, et seq. and Tex. Lac.. Gov't Code 9142.101, et seq., in substantially the form of the First Amendment to Contract for Professional Legal Services attached hereto and incorporated herein by reference.. SECTION 2. The expenditure of funds, is hereby authorized, as provided in the attached First Amendment to Contract for Professional Legal Services. The Interim City Manager, or his designee, is authorized 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. PERRY R. ~NEILL, MAYOR 1 . . ..".. ~~:.:.: L: .:.....;:.. .:~::~;:~?.~~. .~~ .~-:::.~. ..1".'. .,.- ".. -:~ .:':''':~_-.::......s.:...'' - ....:..:....~.: ._~...: L-..:..... .. ...,....~_.:....:.:.... .L..._:~ ......:.~.~:~~:..-...:~...~ :::.~.. ........: .-.. -,~..i:.. "-- :.:" ". . .. .... .. .. .. .. .. .. .:.: ~~..;.. ._...:......j.~~~:.~d-r-- :~~';r..:....~...:- -....,:.. ......,....J{...~.: _..:.,.~~..,::,:..:..~:.:.i.~..u....~.~:...-..::.:.:..:..".. ~..I:'~~. .... I._.~~ rr~..~._..i ..:.:..:; ..~.~...................!J:...,::"'} ~.; .J..... .... .~.j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ SNYD S:\OUT Documents\Ordinances\06\denton naV3JTO amendment ordinance-doc 2 ...:~~~ ~. .. :." ..;:;:s:... -"~I~~~~~~.~-~. -- :l.....:..:.r. ..~~~~:<<~: -... ;.:. ..r. :__ . .:.". - _.:..:.~.:..._,j.,~. ~".. (::,"" ~ ':':~-:..:.~:.:r.~_.: ....~.... -.: ........:..:. .--..;: .~_:-'..:"_ ~....~...:. ~:.:::-.~ISI".:._:":":':"j;.::-~...~.~:.......:...:';:'~.:i. _.~~~~~ . ~:..:-n:.... ~ .._..:~i.~ ._::..:":~:-:-:j.. ...-::.."1.... "K.-...-~", ..... ....... .-:;.:..;... ..-.~~ ." ~I-:-:'.':':..".. ~_:.: .....)..: S~\Our Documents\Contl3.C1S\06\denton oavano first. a:mend.ment.doc STATE OF TEXAS ~ COUNTY OF DENTON ~ FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES THIS FIRST AMENDMENT TO THAT CONTRACT made and entered into the 1st day of November, 2005, ("Base Contract") by and between the Denton, Navarro, Rocha & Bernal, with Lowell F.. Denton having full authority to execute that Contract, 2517 North Main Avenue, San Antonio, Texas 78212, hereinafter referred to as "Consultant", and the City of Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City.." WITNESSETH SECTION 1. Section 3.C.. "Compensation and Method of Payment" of the Base Contract is hereby amended to. read as follows: 3.. Comoensation and Method ofPavment: c. Consultant and City agree to set an initial budget, including all charges for the legal services hereunder, including reasonable out-of-pocket expenses, not to exceed seventy five thousand dollars ($75,000), and Consultant agrees to notify City and seek a .modification of the Agreement should the total fees exceed such amount. SECTION 2. Save and except as amended hereby, all the remalmng 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.. CITY OF DENTON, TEXAS By: Howard Martin, Interim City Manager no". :..:..:.:..,." .r," ....)J..~........:...:.-~ . .-: ~ ._-'~.::.:;. .1:"':"Y":-.~~..- ...:- ~: ATTEST: JENNIFER WALTERS, CITY SECRETARY. By: APPROVED AS TO LEGA~ -----..~ .- EDWIN M~-,SNYDER, CITY ATTO .~~/. / CONSULTANT: DENTON, NAVARRO, ROCHA & BERNAL By: LOWELL F. DENTON, PARTNER Page 2 "" ,," "......:.....:.i-t. .... ,," :..," I oJ .,,:. .'...:rw".,}o:'- ......::~~~.i~":'~.;.:-- :,,"_". :" ":~:.:.::'~ ..:".. .............._.:.=.. .:......;.~ ""." ,,- 1.~.:-..:.- .... .....-::.-...:.: ._~.. ""- ~:.f-..~...:-r..:;';';'.;--"-~';.r.:.~.....:... ..:..:/............~... "...:,,&-:"i.. -~. ".,":" ..~_:...L. ,..- .-. ~".--- .... .: ...-". ---~......-.:::'--..::':::~.. "..;,. ....-......:.~~ ~... ,," ...~-:6~~.......-. ':':"..:.:. ....:.."I.:::~...." .".-::..:" ~... .-~ -" I " ..""" ,," ~-.-. ..:.,..,. :.- -: ~~ ~~.2;.:",. AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEP ARTMENT: Fiscal Operations ACM: Jon Fortune If SUBJECT Consider approval of a resolution revIsIng Administrative Policy 403.07 "Debt Service Management" and providing for an effective date. BACKGROUND The City's Debt Management Policy 403.07 (Policy) was developed in 1995 and adopted by Council on March 5, 1996. The Policy provides general guidelines by which the City of Denton will issue debt and addresses the issues of process, use, and limitations. Due to recent changes in department and staff titles an update in the Policy is required. Also, under Section X, Long- Term Debt, paragraph C was expanded to clearly describe various purposes of Certificates of Obligation Bonds, as recommended by the Audit Committee. PRIOR ACTION/REVIEW The Debt Management Committee met on November 15, 2005, and unanimously approved minor updates, specifically updating staff and department titles and recommended that the policy be forwarded to City Council for approval. On February 14,2006, during the Audit Committee review of year-end financials, staff was directed to incorporate additional language to clearly describe the various purposes of Certificates of Obligation Bonds. FISCAL INFORMATION There is no fiscal impact to the City. EXHIBITS Edited Debt Policy Revised Debt Policy Resolution Respectfully submitted: ~... ..=-" Q,J.. .~- . -., .... .i"t" .. . J _. I . Diana G. Ortiz Chief Financial Officer CITY OF DENTON PAGE 1 OF 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE REFERENCE NUMBER: 403.07 SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE: 03/05/96 TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE: 09/27/00 POLICY STATEMENT This policy shall provide general guidelines by which the City of Denton (the City) will issue debt. It is the objective of this policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing, proceed as efficiently as possible, and (3) the most favorable interest rate and other costs be obtained. This debt management policy applies to the financing activities of the City of Denton, Texas. It also addresses the issues of process, use and limitations. Obligations will be timed for issuance and delivery of proceeds as close as possible to the time that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner. ADMINSTRA TIVE PROCEDURES I. DEBT MANAGEMENT COMMITTEE A. Members B. Scope The Committee shall meet as necessary to review the debt program. Included in its discussions will be such topics as: the Capital Improvement Program, status of financed projects, timing of additional financing needs, the effect of proposed financing activity on the related rates supporting the debt (i.e. property tax rate, utility rates, user fees, etc.). Page 2 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 II. RESPONSIBILITY AND STANDARD OF CARE The Fiscal and Municipal Services Department will coordinate all activities required for the issuance of all debt. A. Delegation The primary individual who shall be involved in the development of financing recommendations will be the Director of Fiscal OperationsChief Financial Officer. The Assistant City Manager of Fiscal and 1\1unicipal Ser'/ices(Finance) shall be responsible for all debt financing activities and shall establish a system of controls to regulate the activities of the Director of Fiscal OperationsChief Financial Officer. B. Conflicts of Interest All participants in the debt management process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their ability to make impartial financing decisions. C. Reporting The Director of Fiscal OperationsChief Financial Officer shall prepare at least annually a report summarizing all debt outstanding by type (tax supported and revenue backed), remaining balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment community. The Director of Fiscal OperationsChief Financial Officer and the City's financial advisor shall, as necessary, prepare reports and other forms of communications regarding the City's indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, comprehensive development plans, etc. All forms of media deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors. Examples include Texas Page 3 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Municipal Report, The Bond Buyer, Nationally Recognized Municipal Security Information Repository and State Information Depository. Bond counsel will advise on the use of electronic media in connection with the City's debt program. E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, the rating review process, marketing debt issues, marketability of City obligations, sale and post- sale services, the review of the official statement and other services as necessary. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined by the agreement approved by the City Council. F. Bond Counsel The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be taken with respect to new obligations until a written instrument has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and Director of Fiscal OperationsChief Financial Officer. The City will also seek the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel shall be retained to protect the City's interest in complex negotiations and comment review. III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Director of Fiscal OperationsChief Financial Officer under the supervision of the Assistant City Manager of Fiscal and 1\1unicipal Ser'/ices(Finance ). Information for the Official Statement is gathered from departments/divisions throughout the City. The City will take all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 15C2-12). The City will provide annual and event disclosure to information repositories throughout the term of securities for the benefit of the primary and secondary municipal market. IV. DISCLOSURE Page 4 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 A. With each bond offering, and at least annually, in the preparation of Financial Reports or Official Statements of any bond prospectus, the City will follow a policy of full and complete disclosure of financial and legal conditions of the City, in conformance with guidelines issued by the Government Finance Officers Association Disclosure Guideline, and as advised by disclosure counselor financial advisor. Furthermore, all City finance and debt-related information which may appear in publicly distributed documents in anticipation of the issuance of bonds by the City Enterprise Funds, Redevelopment Agency or Housing Authority should be reviewed by the Finance Department prior to distribution to ensure that the information is presented on an accurate and consistent basis. B. Material Events Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events that, if material, must be reported in a timely fashion to each Nationally Recognized Municipal Security Information Repository (NRMSIR) or to the Municipal Security Rulemaking Board (MSRB) and to the appropriate State Information Depository (SID). The events that must be reported, if material, are: 1. Principal and interest payment delinquencies; 2. Nonpayment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the security; 7. Modifications to rights of security holders; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the securities; 11. Rating changes. Unofficially considered, the twelfth material event to be reported is the failure of any obligated person to provide the required annual financial information on or before the date specified in the related undertaking. According to the SEC, this requirement would be satisfied if a disclosure contract states that the annual information would be provided within a specified number of days after the fiscal year end. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. Page 5 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved. In conjunction with the financial advisor, the City shall maintain a line of communication with the rating agencies (Moody's, Standard & Poor's, and Fitch), informing them of major financial events in the City as they occur. The Comprehensive Annual Financial Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an annual basis. When necessary, a personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss economical and/or financial developments which might impact credit ratings. The following documents may be required for the rating agencies: Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained. Current budget. Current capital improvement program/plan. Official statements for new financings. Description of projects being financed. Sources and uses statement for project being financed. If additional funds are required to complete project, the source of the funds and any conditional requirements will be discussed. Engineering and feasibility report (if applicable). Zoning or land-use map (if applicable). Cash flow statement, in the case of interim borrowing. Statement of long - and short-term debt with annual and monthly maturity dates as appropriate. Also, a report of any lease obligations, their nature and term. Indication of appropriate authority for debt issuance Investment policy (if applicable). Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. VI. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with the financial advisor and bond counsel, will produce a comprehensive analysis of debt capacity prior to issuing bonds. This document should cover a broad range of factors, including: · Legal debt limits, tax or expenditure ceilings. Page 6 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 · Coverage requirements or additional bonds tests in accordance with bond covenants. · Measures of the tax and revenue base, such as proj ections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales). · Population trends. · Utilization trends for services underlying revenues. · Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to the City's financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements. · Reliability of revenues expected to pay debt service. · Unreserved fund balance levels. · Debt service obligations, such as existing debt service requirements. · Debt service as a percentage of expenditures or tax or system revenues. · Measures of debt burden on the community, such as debt per capita, debt as a percentage of personal income, debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt. · Tax-exempt market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. The City has both revenue bonds and other indebtedness of the Electric, Water, Wastewater, and Solid Waste Funds. The City will endeavor to maintain two coverage ratios as provided in the City's outstanding bond covenants (e.g. 1.25 and/or 1.50 times, or as required by individual bond covenants). The Electric, Water, Wastewater, and Solid Waste Funds' total long-term debt outstanding shall not exceed the amount of combined fund equity. VII. TYPES OF DEBT The City's bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state law for each debt issue. These types may include: · short-term vs. long-term debt, · general obligation vs. revenue debt, · fixed vs. variable rate debt, · lease-backed debt, · special obligation debt such as assessment district debt, · conduit issues, and · taxable debt; Page 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 A The City will seek all possible federal and state reimbursement for mandated projects and/or programs. The City will pursue a balanced relationship between issuing debt and pay-as-you-go financing. B. The City will match the term of long-term debt issued up to the life of the projects financed. Current operations will not be financed with long-term debt. Debt incurred to finance capital improvements will be repaid within the useful life of the project. C. High priority will be assigned to the replacement of capital improvements when they have deteriorated to the point there they are hazardous, incur high maintenance costs, negatively affect property values, or no longer serve their intended purposes. D. An updated Capital Improvement Plan will be presented to the City Council for approval on an annual basis. This plan will be used as a basis for the long-range financial planning process. VIII. BOND STRUCTURE Structural features that may be considered are: · maturity of the debt, · setting the maturities of the debt equal to or less than the useful life of the proj ect, · use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or premium bonds, · debt service structure (level debt service payments, level principal payments or other repayment structure defined by state law), · redemption provisions (mandatory and optional call features), · use of credit enhancement, · use of senior lien and junior lien obligations, and · use of derivative products; IX. SHORT -TERM DEBT A. General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt; i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations. Page 8 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations can be obtained quicker than long-term obligations and thus can be used until long-term financing can be obtained. B. Commercial Paper Due to the issuance costs associated with the marketing and placement of commercial paper in amounts of less than approximately $25 million, it is not considered feasible for the City of Denton to issue this type of debt. Should the opportunity to participate in a commercial paper issuance pool present itself, the advantages and disadvantages shall be evaluated by the Director of Fiscal OperationsChief Financial Officer. C. Anticipation Notes Anticipation notes empower municipalities to issue debt without giving notice of intent. Anticipation notes may be secured and repaid by a singular pledge, but not a plural pledge, of revenue, taxes, or the proceeds of a future debt issue. Anticipation notes may be authorized by an ordinance adopted by the City Council. Anticipation notes may be used to finance projects or acquisitions that could also be financed with Certificates of Obligation. Anticipation notes have several restrictions, which include: 1) Anticipation notes issued for general purposes must mature before the seventh anniversary of the date the attorney general approves the issue, 2) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up t%r more than 24-months prior to the date of Issuance, 3) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters. x. LONG-TERM DEBT A. General Page 9 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the projects financed. A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than for tax-exempt debt. However, the issuance of taxable debt may be more appropriate in some circumstances and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue tax-exempt obligations but may occasionally issue taxable obligations. B. Bonds Long-term general obligation or revenue bonds shall be issued to finance significant and desirable capital improvements. The general obligation bonds will be used for purposes set forth by voters in bond elections. General obligation bonds will strive to have an average life of approximately fifteen (15) years or less, and revenue bonds will strive to have an average life of approximately twenty (20) years or less. Unless a compelling reason is identified by the Debt Committee, all bonds issued for the purpose of supplying new monies as needed for current, ongoing public improvements shall be sold at a public, competitive sale based upon sealed bids pursuant to terms and conditions specified in the City's Home Rule Charter which requires "the publication of a proper notice of sale in a national publication which regularly includes municipal bond sale notices, stating pertinent facts relating to the proposed sale including, but not limited to, the time, the date, and the place (which shall be in the City of Denton) that all sealed bids will be publicly opened, read, and tabulated before the City Council. The date advertised for opening of the bids shall be not less than 30 days from the date of publication." Page 10 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 C. Certificates of Obligation Certificates of obligation may be issued to: finance permanent improvements and land acquisition, the need for which arose between bond elections finance costs associated with capital project overruns acquire equipment/vehicles leverage grant funding renovate., acquire., construct facilities and facility improvements construct street improvements provide funding for masterplans/studies address necessary life safety needs In accordance with state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks with the first publication to be at least fifteen (15) days prior to the sale date. Certificates of obligation may be backed by a tax pledge under certain circumstances as defined by law. They may also be backed by a combination tax and revenue pledge eligible under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, Wastewater, and Solid Waste revenues may be pledged without limit for Electric, Water, Wastewater, and Solid Waste purposes but may only be pledged up to $10,000 for non-utility system purposes. As stated in Section X A. the life of the obli ations will not exceed the estimated useful life of the proi ects financed. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable ordinances, the City may consider the use of surety bonds, lines of credit, or similar instruments to satisfy mandated debt service fund requirements on outstanding and/or proposed revenue bonds. XI. REFUNDING AND RESTRUCTURING OPTIONS Page 11 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 The City shall consider refunding debt whenever an analysis indicates the potential for present value savings of approximately 3.5% of the debt service being refunded or if beneficial to the City in another way. XII. METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: · The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market. · An active secondary market with a broad investor base for the issuer's bonds. · The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort. · The issue is not viewed by the market as carrying overly complex features or requiring explanation as to the bonds' soundness. · Interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship established by previous debt transactions. The criteria used to select an underwriter in a negotiated sale should include the following: · Overall experience · Marketing philosophy · Capability · Previous experience as managing or co-managing partner Page 12 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 · Financial statement · Public finance team and resources · Breakdown of underwriter's discount C. Private Placement When cost-beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the financial advisor. D. Bidding Parameters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined include: · Limits between lowest and highest coupons · Coupon requirements relative to the yield curve · Method of underwriter compensation, discount, or premium coupons · Use of true interest cost (TIC) versus net interest cost (NIC) · Use of bond insurance · Deep discount bonds · Variable rate bonds · Call provisions XIII. INVESTMENT OF BOND PROCEEDS A. Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with Federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the City's investment policy #408.04. B. Arbitrage Compliance The City will follow a policy of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basis. All necessary rebates will be filed and paid when due. Page 13 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 C. Arbitrage Liability Management The Director of Fiscal OperationsChief Financial Officer will maintain a system for tracking arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually. Funds should be set aside in anticipation of potential rebate liabilities. Due to the complexity of the arbitrage calculations and regulations, and to the severity of the penalties for noncompliance, the advice of Bond Counsel and qualified experts will be pursued on an ongoing basis. D. All bond proceeds will be separately accounted for in the financial accounting system to facilitate arbitrage tracking and reporting. Arbitrage rebate liability reports shall be generated semi-annually and submitted to the Investment Committee and to the Debt Management Committee for review. Page 14 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 GLOSSARY Amortization - The planned reduction of a debt obligation according to a stated maturity or redemption schedule Arbitrage - The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended Average Life - The average length of time debt is expected to be outstanding Basis Point- One one-hundredth of one percent (0.0001) BBI - Bond Buyer Index. Comparison of current rates for various maturities Bid Form - The document used by an underwriter to submit his bid at a competitive sale Bond - A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validity of the securities. The bond counsel's opinion usually addresses the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation Bond Insurance - Bond insurance is a type of credit enhancement whereby a mono line insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued Book-Entry-Only - Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer Bond Years - $1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option - The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision Capital Appreciation Bond - A bond without current interest coupons that is sold at a substantial discount from par. Investors are provided with a return based upon the accretion of value in the bond through maturity Page 15 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease Closing - When bonds are exchanged for money (a/k/a delivery or settlement) Commercial Paper (Tax-Exempt) - By convention, short-term, unsecured promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less Competitive Sale - A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost Coupon Rate - The interest rate on specific maturities of a bond issue. While the term "coupon" derives from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form Cover Bid - The runner-up in a competitive bond sale Credit Enhancements - Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date - A defined date at which interest begins to accrue from Debt Burden - The ratio of outstanding tax-supported debt to the market value of property within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of overlapping debt as well as the municipality's direct net debt Debt Limitation - The maximum amount of debt that is legally permitted by a jurisdiction's charter, constitution, or statutory requirements Page 16 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Debt Service - The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and allowed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first available funds or revenues. A typical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subject to arbitrage regulations. Default - The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance - Providing for payment of principal of premium, if any, and interest on debt through the first call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and u.s. government obligations Depository Trust Company (DTC) - A limited purpose trust company organized under the New York Banking Law. DTC facilitates the settlement of transactions in municipal securities Downgrade - A reduction in credit rating Enterprise Activity - A revenue-generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such projects are self-liquidating when the projects earn sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and sewer treatment facilities and utility facilities Final Official Statement (FOS) - A document published by the issuer which generally discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities Page 1 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation Good Faith Deposit - A sum of money given by the Underwriter to assure his bid Institutional Buyer - Banks, financial institutions, insurance companies, and bond funds Issuance Costs - The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue Junior Lien Bonds - Bonds which have a subordinate claim against pledged revenues Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a "stand-by" or "direct pay" basis Level Debt Service - When annual payments are substantially the same each year Line of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee Manager - The member (or members) of an underwriting syndicate charged with the primary responsibility for conducting the affairs of the syndicate. The managers take the largest underwriting commitment Lead Manager or Senior Manager The underwriter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underwriters Page 18 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Joint Manager or Co-Manager Any member of the management group Municipal Securities Rulemaking Board (MSRB) - A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. New Board members are selected by the MSRB pursuant to the method set forth in Board rules Negotiated Sale - A sale of securities in which the terms of sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding Net Interest Cost - The average interest cost of a bond issue calculated on the basis of simple interest. Paying Agent - An agent of the issuer with responsibility for timely payment of principal and interest to bond holders Preliminary Official Statement (POS) - The POS is a preliminary version of the official statement which is used by an issuer or underwriters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The preliminary official statement, also called a "red herring", often is examined upon by potential purchasers prior to making an investment decision Present Value - The value of a future amount or stream of revenues or expenditures in current dollars Refunding - An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds. A current refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturity and/or to reduce debt service cost Retail Buyer - Individual investors Revenue Bond - A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activity. Generally, no voter approval is required prior to issuance of such obligations Secondary Market - The market in which bonds are sold after their initial sale in the new issue market Page 19 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues Serial Bonds - A bond issue in which the principal is repaid in periodic installments over the issue's life Split ratings - Different rating levels from different rating agencies Surety Bond - A bond guaranteeing performance of a contract or obligation Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandatory redemption of specified amounts of principal during several years prior to the stated maturity, which effectively simulates serial bonds True Interest Cost (TIC) - An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issue's effective interest cost and should be used to ascertain the best bid in a competitive sale Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index Upgrade - An increase in credit rating CITY OF DENTON PAGE 1 OF 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE REFERENCE NUMBER: 403.07 SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE: 03/05/96 TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE: 09/27/00 POLICY STATEMENT This policy shall provide general guidelines by which the City of Denton (the City) will issue debt. It is the objective of this policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing, proceed as efficiently as possible, and (3) the most favorable interest rate and other costs be obtained. This debt management policy applies to the financing activities of the City of Denton, Texas. It also addresses the issues of process, use and limitations. Obligations will be timed for issuance and delivery of proceeds as close as possible to the time that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner. ADMINSTRA TIVE PROCEDURES I. DEBT MANAGEMENT COMMITTEE A. Members The Debt Management Committee (the Committee) consists of the City Manager, Assistant City Managers, and as designated by the City Manager, the positions serving as the City Chief Financial Officer and Chief Budget Officer; and, financial advisor and bond counsel as ex-officio members. B. Scope The Committee shall meet as necessary to review the debt program. Included in its discussions will be such topics as: the Capital Improvement Program, status of financed projects, timing of additional financing needs, the effect of proposed financing activity on the related rates supporting the debt (i.e. property tax rate, utility rates, user fees, etc.). Page 2 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 II. RESPONSIBILITY AND STANDARD OF CARE The Fiscal and Municipal Services Department will coordinate all activities required for the issuance of all debt. A. Delegation The primary individual who shall be involved in the development of financing recommendations will be the Chief Financial Officer. The Assistant City Manager (Finance) shall be responsible for all debt financing activities and shall establish a system of controls to regulate the activities of the Chief Financial Officer. B. Conflicts of Interest All participants in the debt management process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their ability to make impartial financing decisions. C. Reporting The Chief Financial Officer shall prepare at least annually a report summarizing all debt outstanding by type (tax supported and revenue backed), remaining balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment community. The Chief Financial Officer and the City's financial advisor shall, as necessary, prepare reports and other forms of communications regarding the City's indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, comprehensive development plans, etc. All forms of media deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors. Examples include Texas Municipal Report, The Bond Buyer, Nationally Recognized Municipal Security Information Repository and State Information Depository. Bond counsel will advise on the use of electronic media in connection with the City's debt program. Page 3 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, the rating review process, marketing debt issues, marketability of City obligations, sale and post- sale services, the review of the official statement and other services as necessary. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined by the agreement approved by the City Council. F. Bond Counsel The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be taken with respect to new obligations until a written instrument has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and Chief Financial Officer. The City will also seek the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel shall be retained to protect the City's interest in complex negotiations and comment review. III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Chief Financial Officer under the supervision of the Assistant City Manager (Finance). Information for the Official Statement is gathered from departments/divisions throughout the City. The City will take all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 15C2-12). The City will provide annual and event disclosure to information repositories throughout the term of securities for the benefit of the primary and secondary municipal market. IV. DISCLOSURE A. With each bond offering, and at least annually, in the preparation of Financial Reports or Official Statements of any bond prospectus, the City will follow a policy of full and complete disclosure of financial and legal conditions of the City, in conformance with guidelines issued by the Government Finance Officers Association Disclosure Guideline, and as advised by disclosure counselor Page 4 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 financial advisor. Furthermore, all City finance and debt-related information which may appear in publicly distributed documents in anticipation of the issuance of bonds by the City Enterprise Funds, Redevelopment Agency or Housing Authority should be reviewed by the Finance Department prior to distribution to ensure that the information is presented on an accurate and consistent basis. B. Material Events Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events that, if material, must be reported in a timely fashion to each Nationally Recognized Municipal Security Information Repository (NRMSIR) or to the Municipal Security Rulemaking Board (MSRB) and to the appropriate State Information Depository (SID). The events that must be reported, if material, are: 1. Principal and interest payment delinquencies; 2. Nonpayment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the security; 7. Modifications to rights of security holders; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the securities; 11. Rating changes. Unofficially considered, the twelfth material event to be reported is the failure of any obligated person to provide the required annual financial information on or before the date specified in the related undertaking. According to the SEC, this requirement would be satisfied if a disclosure contract states that the annual information would be provided within a specified number of days after the fiscal year end. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved. Page 5 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 In conjunction with the financial advisor, the City shall maintain a line of communication with the rating agencies (Moody's, Standard & Poor's, and Fitch), informing them of major financial events in the City as they occur. The Comprehensive Annual Financial Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an annual basis. When necessary, a personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss economical and/or financial developments which might impact credit ratings. The following documents may be required for the rating agencies: Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained. Current budget. Current capital improvement program/plan. Official statements for new financings. Description of projects being financed. Sources and uses statement for project being financed. If additional funds are required to complete project, the source of the funds and any conditional requirements will be discussed. Engineering and feasibility report (if applicable). Zoning or land-use map (if applicable). Cash flow statement, in the case of interim borrowing. Statement of long - and short-term debt with annual and monthly maturity dates as appropriate. Also, a report of any lease obligations, their nature and term. Indication of appropriate authority for debt issuance Investment policy (if applicable). Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. VI. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with the financial advisor and bond counsel, will produce a comprehensive analysis of debt capacity prior to issuing bonds. This document should cover a broad range of factors, including: · Legal debt limits, tax or expenditure ceilings. · Coverage requirements or additional bonds tests in accordance with bond covenants. · Measures of the tax and revenue base, such as proj ections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales). Page 6 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 · Population trends. · Utilization trends for services underlying revenues. · Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to the City's financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements. · Reliability of revenues expected to pay debt service. · Unreserved fund balance levels. · Debt service obligations, such as existing debt service requirements. · Debt service as a percentage of expenditures or tax or system revenues. · Measures of debt burden on the community, such as debt per capita, debt as a percentage of personal income, debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt. · Tax-exempt market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. The City has both revenue bonds and other indebtedness of the Electric, Water, Wastewater, and Solid Waste Funds. The City will endeavor to maintain two coverage ratios as provided in the City's outstanding bond covenants (e.g. 1.25 and/or 1.50 times, or as required by individual bond covenants). The Electric, Water, Wastewater, and Solid Waste Funds' total long-term debt outstanding shall not exceed the amount of combined fund equity. VII. TYPES OF DEBT The City's bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state law for each debt issue. These types may include: · short-term vs. long-term debt, · general obligation vs. revenue debt, · fixed vs. variable rate debt, · lease-backed debt, · special obligation debt such as assessment district debt, · conduit issues, and · taxable debt; A The City will seek all possible federal and state reimbursement for mandated projects and/or programs. The City will pursue a balanced relationship between issuing debt and pay-as-you-go financing. B. The City will match the term of long-term debt issued up to the life of the projects financed. Current operations will not be financed with long-term debt. Page 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Debt incurred to finance capital improvements will be repaid within the useful life of the project. C. High priority will be assigned to the replacement of capital improvements when they have deteriorated to the point there they are hazardous, incur high maintenance costs, negatively affect property values, or no longer serve their intended purposes. D. An updated Capital Improvement Plan will be presented to the City Council for approval on an annual basis. This plan will be used as a basis for the long-range financial planning process. VIII. BOND STRUCTURE Structural features that may be considered are: · maturity of the debt, · setting the maturities of the debt equal to or less than the useful life of the proj ect, · use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or premium bonds, · debt service structure (level debt service payments, level principal payments or other repayment structure defined by state law), · redemption provisions (mandatory and optional call features), · use of credit enhancement, · use of senior lien and junior lien obligations, and · use of derivative products; IX. SHORT -TERM DEBT A. General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt; i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations. Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations can be Page 8 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 obtained quicker than long-term obligations and thus can be used until long-term financing can be obtained. B. Commercial Paper Due to the issuance costs associated with the marketing and placement of commercial paper in amounts of less than approximately $25 million, it is not considered feasible for the City of Denton to issue this type of debt. Should the opportunity to participate in a commercial paper issuance pool present itself, the advantages and disadvantages shall be evaluated by the Chief Financial Officer. C. Anticipation Notes Anticipation notes empower municipalities to issue debt without giving notice of intent. Anticipation notes may be secured and repaid by a singular pledge, but not a plural pledge, of revenue, taxes, or the proceeds of a future debt issue. Anticipation notes may be authorized by an ordinance adopted by the City Council. Anticipation notes may be used to finance projects or acquisitions that could also be financed with Certificates of Obligation. Anticipation notes have several restrictions, which include: 1) Anticipation notes issued for general purposes must mature before the seventh anniversary of the date the attorney general approves the issue, 2) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up t%r more than 24-months prior to the date of Issuance, 3) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters. x. LONG-TERM DEBT A. General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the projects financed. Page 9 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than for tax-exempt debt. However, the issuance of taxable debt may be more appropriate in some circumstances and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue tax-exempt obligations but may occasionally issue taxable obligations. B. Bonds Long-term general obligation or revenue bonds shall be issued to finance significant and desirable capital improvements. The general obligation bonds will be used for purposes set forth by voters in bond elections. General obligation bonds will strive to have an average life of approximately fifteen (15) years or less, and revenue bonds will strive to have an average life of approximately twenty (20) years or less. Unless a compelling reason is identified by the Debt Committee, all bonds issued for the purpose of supplying new monies as needed for current, ongoing public improvements shall be sold at a public, competitive sale based upon sealed bids pursuant to terms and conditions specified in the City's Home Rule Charter which requires "the publication of a proper notice of sale in a national publication which regularly includes municipal bond sale notices, stating pertinent facts relating to the proposed sale including, but not limited to, the time, the date, and the place (which shall be in the City of Denton) that all sealed bids will be publicly opened, read, and tabulated before the City Council. The date advertised for opening of the bids shall be not less than 30 days from the date of publication." C. Certificates of Obligation Certificates of obligation may be issued to: . finance permanent improvements and land acquisition, the need for which arose between bond elections . finance costs associated with capital project overruns . acquire equipment/vehicles . leverage grant funding . renovate, acquire, construct facilities and facility improvements Page 10 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 . construct street improvements . provide funding for master plans/studies . address necessary life safety needs In accordance with state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks with the first publication to be at least fifteen (15) days prior to the sale date. Certificates of obligation may be backed by a tax pledge under certain circumstances as defined by law. They may also be backed by a combination tax and revenue pledge eligible under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, Wastewater, and Solid Waste revenues may be pledged without limit for Electric, Water, Wastewater, and Solid Waste purposes but may only be pledged up to $10,000 for non-utility system purposes. As stated in Section X, A., the life of the obligations will not exceed the estimated useful life of the projects financed. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable ordinances, the City may consider the use of surety bonds, lines of credit, or similar instruments to satisfy mandated debt service fund requirements on outstanding and/or proposed revenue bonds. XI. REFUNDING AND RESTRUCTURING OPTIONS The City shall consider refunding debt whenever an analysis indicates the potential for present value savings of approximately 3.5% of the debt service being refunded or if beneficial to the City in another way. Page 11 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 XII. METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: · The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market. · An active secondary market with a broad investor base for the issuer's bonds. · The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort. · The issue is not viewed by the market as carrying overly complex features or requiring explanation as to the bonds' soundness. · Interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship established by previous debt transactions. The criteria used to select an underwriter in a negotiated sale should include the following: · Overall experience · Marketing philosophy · Capability · Previous experience as managing or co-managing partner · Financial statement · Public finance team and resources · Breakdown of underwriter's discount C. Private Placement Page 12 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 When cost-beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the financial advisor. D. Bidding Parameters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined include: · Limits between lowest and highest coupons · Coupon requirements relative to the yield curve · Method of underwriter compensation, discount, or premium coupons · Use of true interest cost (TIC) versus net interest cost (NIC) · Use of bond insurance · Deep discount bonds · Variable rate bonds · Call provisions XIII. INVESTMENT OF BOND PROCEEDS A. Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with Federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the City's investment policy #408.04. B. Arbitrage Compliance The City will follow a policy of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basis. All necessary rebates will be filed and paid when due. C. Arbitrage Liability Management The Chief Financial Officer will maintain a system for tracking arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually. Funds should be set aside in anticipation of potential rebate liabilities. Due to the complexity of the arbitrage calculations and regulations, and to the severity of the penalties for Page 13 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 noncompliance, the advice of Bond Counsel and qualified experts will be pursued on an ongoing basis. D. All bond proceeds will be separately accounted for in the financial accounting system to facilitate arbitrage tracking and reporting. Arbitrage rebate liability reports shall be generated semi-annually and submitted to the Investment Committee and to the Debt Management Committee for review. Page 14 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 GLOSSARY Amortization - The planned reduction of a debt obligation according to a stated maturity or redemption schedule Arbitrage - The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended Average Life - The average length of time debt is expected to be outstanding Basis Point- One one-hundredth of one percent (0.0001) BBI - Bond Buyer Index. Comparison of current rates for various maturities Bid Form - The document used by an underwriter to submit his bid at a competitive sale Bond - A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validity of the securities. The bond counsel's opinion usually addresses the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation Bond Insurance - Bond insurance is a type of credit enhancement whereby a mono line insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued Book-Entry-Only - Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer Bond Years - $1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option - The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision Capital Appreciation Bond - A bond without current interest coupons that is sold at a substantial discount from par. Investors are provided with a return based upon the accretion of value in the bond through maturity Page 15 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease Closing - When bonds are exchanged for money (a/k/a delivery or settlement) Commercial Paper (Tax-Exempt) - By convention, short-term, unsecured promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less Competitive Sale - A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost Coupon Rate - The interest rate on specific maturities of a bond issue. While the term "coupon" derives from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form Cover Bid - The runner-up in a competitive bond sale Credit Enhancements - Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date - A defined date at which interest begins to accrue from Debt Burden - The ratio of outstanding tax-supported debt to the market value of property within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of overlapping debt as well as the municipality's direct net debt Debt Limitation - The maximum amount of debt that is legally permitted by a jurisdiction's charter, constitution, or statutory requirements Page 16 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Debt Service - The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and allowed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first available funds or revenues. A typical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subject to arbitrage regulations. Default - The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance - Providing for payment of principal of premium, if any, and interest on debt through the first call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and u.s. government obligations Depository Trust Company (DTC) - A limited purpose trust company organized under the New York Banking Law. DTC facilitates the settlement of transactions in municipal securities Downgrade - A reduction in credit rating Enterprise Activity - A revenue-generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such projects are self-liquidating when the projects earn sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and sewer treatment facilities and utility facilities Final Official Statement (FOS) - A document published by the issuer which generally discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities Page 1 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation Good Faith Deposit - A sum of money given by the Underwriter to assure his bid Institutional Buyer - Banks, financial institutions, insurance companies, and bond funds Issuance Costs - The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue Junior Lien Bonds - Bonds which have a subordinate claim against pledged revenues Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a "stand-by" or "direct pay" basis Level Debt Service - When annual payments are substantially the same each year Line of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee Manager - The member (or members) of an underwriting syndicate charged with the primary responsibility for conducting the affairs of the syndicate. The managers take the largest underwriting commitment Lead Manager or Senior Manager The underwriter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underwriters Page 18 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Joint Manager or Co-Manager Any member of the management group Municipal Securities Rulemaking Board (MSRB) - A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. New Board members are selected by the MSRB pursuant to the method set forth in Board rules Negotiated Sale - A sale of securities in which the terms of sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding Net Interest Cost - The average interest cost of a bond issue calculated on the basis of simple interest. Paying Agent - An agent of the issuer with responsibility for timely payment of principal and interest to bond holders Preliminary Official Statement (POS) - The POS is a preliminary version of the official statement which is used by an issuer or underwriters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The preliminary official statement, also called a "red herring", often is examined upon by potential purchasers prior to making an investment decision Present Value - The value of a future amount or stream of revenues or expenditures in current dollars Refunding - An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds. A current refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturity and/or to reduce debt service cost Retail Buyer - Individual investors Revenue Bond - A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activity. Generally, no voter approval is required prior to issuance of such obligations Secondary Market - The market in which bonds are sold after their initial sale in the new issue market Page 19 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues Serial Bonds - A bond issue in which the principal is repaid in periodic installments over the issue's life Split ratings - Different rating levels from different rating agencies Surety Bond - A bond guaranteeing performance of a contract or obligation Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandatory redemption of specified amounts of principal during several years prior to the stated maturity, which effectively simulates serial bonds True Interest Cost (TIC) - An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issue's effective interest cost and should be used to ascertain the best bid in a competitive sale Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index Upgrade - An increase in credit rating S :\OUT Documents\Resolutions\05\Debt Service Management Policy. doc RESOLUTION NO. A RESOLUTION REVISING "AD~STRATNE POLICY NO. 403.07 "DEBT SERVICE" MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 5th day of March, 1996 the City Council passed Resolution No. 96-013 adopting Administrative Policy No. 403.07 "Debt Service Management"; and WHEREAS, the Assistant City Manager of the Finance Department for the City of Denton has presented a proposed revision of the Debt Service Management Policy for the Council's" consideration; and WHEREAS, the City Manager recommends adoption of the revised policy and the City Council desires to adopt such policy as the official policy regarding Debt Service Management; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~F.rTTON 1. The following policy entitled "Policy No. 403.07 "Debt Service Management", attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas and shall replace the existing Debt Service Management Policy.. SRrTTON 2. The attached policy shall be filed in the official records with the City Secretary.. ~FJ~TTON 1. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: S:\Our Documents\Resollltions\05\Debt Service Management PoUcy.doc ( . APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of2 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: Planning and Development Department Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT - ADP06-0010: (Victoria Square Apartments) Hold a public hearing and consider adopting an ordinance regarding an Alternative Development Plan (ADP) for a multifamily development. The site consists of approximately 0.30 acres and is located on the northwest corner of Wainwright and Prairie Streets. The property is located in a Downtown Commercial General (DC-G) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. (The Planning and Zoning Commission recommends approval with the condition that one parking space be provided for each apartment (6-0). BACKGROUND Applicant: Jack Bell Companies Denton, TX The purpose of Alternative Development Plans is to provide a mechanism for those developments that choose to or cannot meet the site design standards, but nevertheless meet or exceed the objectives of the Denton Plan and Development Code, to proceed with approval under Subchapter 13. The applicant is proposing to vary from the site design standards concerning the development of a three story multifamily building within 100 feet of a single family use or zoning district. OPTIONS 1. Approve. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. STAFF RECOMMENDATION Based on the following findings, staff recommends approval of the Alternative Development Plan requested to deviate from the development of the three story multifamily development within 100 feet of a single family use: 1) The proposed additional landscaping ensures a quality development that meets the intent of the regulations of the Development Code. 2) The Alternative Development Plan and proposed development are consistent with the goals of the Downtown Master Plan. (See attachment 8). 3) As an infill development, existing infrastructure is available to accommodate the development. PRIOR ACTION/REVIEW No prior action concerning the two lots has been brought before the City Council. ATTACHMENTS 1. Staff Analysis 2. Alternative Development Plan 3. Location! Zoning Map 4. Site Photos 5. Site Plan 6. Notification Map 7. Letter of Intent 8. Downtown Master Plan 9. Minutes ofP&Z June 14 10. Ordinance 11. Letter of Opposition Prepared by: ~~. Lori Shelton Planner II Respectfully submitted: Brian Lockley, AICP Acting Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request S 35.13.13.2 (Multiple Unit Residential site design standards) states: "Buildings constructed within 100 feet of existing single-family use or zoning district, shall be limited to a single story with a pitched roof" The applicant is proposing to locate a three story multifamily development within 1 00 feet of a single-family use. The applicant is providing 35% landscaping on the two lots as mitigation for the deviation. Fifteen percent (15%) landscaping is required in the DC-G zoning district. Existing Condition of Property The two lots are currently developed as single family residential. Adiacent zoning and land uses. North: South: West: East: Downtown Commercial General (DC-G) Victoria Square mixed use Downtown Commercial General (DC-G) Commercial Downtown Commercial General (DC-G) Commercial Downtown Commercial General (DC-G) Single Family Residential Comprehensive Plan Analysis The subject site is located in the "Downtown University Core District" future land use area. This area is intended to have a mix of educational, residential, retail, office, service, government, cultural and entertainment development. It is a place where residents can live, work, learn, and play in the same neighborhood. The proposed multi family development is consistent with the comprehensive plan. Downtown Master Plan Analvsis The proposed development is located within the boundaries of the Downtown Master Plan. The Downtown Master Plan states "One of the plan's fundamental goals is to achieve a balanced and diverse mix of compatible uses. A mix of housing, jobs, services and attractions is necessary to shape a vibrant and pedestrian-friendly downtown. More than two-thirds of the downtown is occupied by commercial, retail and restaurant uses. With less than 18 percent of the downtown used for housing, the area has fallen out of balance, requiring people to travel into and out of the downtown area, primarily by car. Developing a variety of housing options within the downtown and adjacent areas means more people will be able to use and appreciate the area." The proposed multi-family development is consistent with the goals of the Downtown Master Plan to provide more residential opportunities by increasing residential density. Development Code/Zoning Analvsis Section 35.13.5 (Alternative Development Plan) states, "An applicant may propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative 3 Development Plan provides the option to address the design criteria through a flexible discretionary process reviewed by the City CounciL.." Section 35.13.5.A. identifies the criteria for approval of an Alternative Development Plan. A. Criteria for Approval. The goals and objectives which must be met, and by which the proposal will be judged are: 1. Preserve Existing Neighborhoods. 2. Assure quality development that fits in with the character of Denton. 3. Focus new development to activity centers to curb strip development and urban sprawl. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. Section 35.13.13.2 of the Denton Development Code requires multifamily buildings constructed within 100 feet of existing single-family use or zoning district to be limited to a single story with a pitched roof. This requirement was adopted in August 2005 as part of Ordinance 2005-224. The purpose of this requirement is to preserve and protect existing single-family neighborhoods from imposing multifamily structures that are inconsistent with the character of traditional single-family neighborhoods. While this requirement is appropriate for many neighborhoods in Denton, it is not compatible with the goals of the Downtown Master Plan in the Central Business District as it relates to this site. More residential opportunities and higher density development is essential to create a more vibrant and walkable downtown. The proposed infill development will help revitalize the downtown area by adding new investment to the downtown area, provide more residential opportunities and will curb urban sprawl through infill development. 4 ATTACHMENT 2 Alternative Development Plan Section 35.13.5 (Alternative Development Plan) of the Denton Development Code provides for the ability of an applicant to "... propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary." Deviations from Denton Development Code: The Alternative Development Plan for Victoria Square Apartments will deviate from the following Denton Development Code Subchapter: S 35.13.13.2 (Multiple Unit Residential site design standards) states: "Buildings constructed within 100 feet of existing single-family use or zoning district, shall be limited to a single story with a pitched roof" The applicant is proposing to locate a three story multifamily development within 1 00 feet of a single family use. Mitigation measures: To mitigate the deviation from the Denton Development Code, the applicant is providing 35% landscaping on the two lots as mitigation for the deviation. Fifteen percent (15%) landscaping is required on each lot in the DC-G zoning district. 5 ATTACHMENT 3 Locationl Zoning Map 6 ATTACHMENT 4 Site Photographs Subject site looking west across Wainwright Northern portion of subject site looking west across Wainwright (house to be removed) 7 Southern portion of subject site looking northwest across Prairie (house to be removed) ~-r.. , .. ... ...... ..... . . -. i.. " . : ~.,... <<: . <<... - .... .... ...... ..:. ... "." . ~ ........:==:-:. Neighborhood to the east of subject site. Looking northeast across Wainwright. 8 Neighborhood to the east of subject site. Looking northeast across Wainwright. Mixed use development to the north of subject site 9 Commercial development to the west of subject site 10 ATTACHMENT 5 Site Plan ....W.F .... · L = r · .1 .. , >> . .. II I _rll ILl iIt'lr I . III J I JlLJ.ll Tii ii " I. ~ I I I "n-tr1 --~ I I · , , , I I . . I . . L-____ \ . ...,. .... IftID A mlUll ... . .. -...., - ~.... ..... 11 I I Site Plan Detail LOT 2R E1lJX1{ 1 C.5?! ..A..CREB COMllERCrAL ZONtNG ..1ltilJ ~o1BAc~~K 1 COM>iERCIAL ZONIMG '. '--=~.~~~~~ ~~ ! ~ IIL.DI:L .L.tI} o EAST FRAIRE STREET IiCA.I..i.. ,. - 3Q L ~ ~~lf[3 ~[6li1~ !lI I) ~ - II l.OOI'ORI.l. S~ lJJ.RE ADDlTItlN 12 ~ ~ ~ I W "-0.1. ATTACHMENT 6 Notification Map - l nTl I,' I ~' lillJH2~~ BUFFER\a.-.- ___ ! ~ .:5 ......-,- -, n. ~~j\dq~E - -, _ UJ II' 'Iq ~~- ~h / , \ .L._ - I ~ I ~ ~ -........... ~/ ~r / _ ~i~':::1I i~ ;, r I I ~TEh", / :':///"~ ~ \ I -1 ,"r: v _ ~ ,1t<11:. !~y 1- ) I ~ :!: I ~,- r-- I ) l ~. \- ,i ~r-I "~ I I \. l-, ,~ '~ ~n. II ; . - j , ..- __ ~.. .. '-I ......11 J ~~ ~ /~ 1'_ i-,'" HI-.....~ -.,..~ :1 I ~~L~!"~ I I I ! ('" ' ~OE.~~ 1-)1 ~ ~ iiFE~:~rn -- -1- ioooo-~ _ - --- - - - - - -- - - I : I i I ~ I-'I~ I u\riU_~-,: ~:I I~ - . I !l- I ~ ..~ I ... "_III -.. ::: = Public Notification Date: June 4/ 2006 200/ Legal Notices* sent via Certified Mail: 29 500/ Courtesy Notices mailed: 93 Number of responses to 200/ Legal Notice: · In Opposition: 0 · In Favor: 1 · Neutral: 0 13 ATTACHMENT 7 Letter of Intent <$>" J~CK BELL CoMPANIES," INC. . 521 E. WINDSOR .. [)EN~, TErAS 762DD (940) 3B2-M11 .. FAX (9.10) 591-8294 J1IIIC 1, 2006 lori SheltoD City oiDCDIon I 1m requesq an AlIermdive DcveIopmmt Plan to d.matc from SBOtiOll3S.13.13.2A 1.d of~ Denton _ Ccxh, which requires that bufIdiap eoDItrncbd within 100 feet of ~ amp..CaIbily U8C or ztming dimict is nquired to be Ihtdtcd to a single &tory willi a pitcllsl roar. I plan to build a tbrDe !tory buildina: go. the norIbwcIt comEIr af WIUnwright.and f'rairBj StmetL MuhifJmrlly development nppOJbJ the goBb ofDcnltm Downtawn Master Plan ancll fi:d. 1hiB ~ wn, be.ll gmd ... to the dcveJ.opImm:t of Dmtnn'i di:rMdown mea. To miti.gm: 1be deviatiDD fita the ~ I :intend to luwcI3~ of Ole Irlte lIS 1sncIIcaped RI'CL Tbsnk you fer)U1ll' - oftbis mqneIl and I wb1 anJ9iCI' any ofyuur IIJ'Ccitlc qUCltiona II the publie ht.Irings~ /"~i~~' " ~. 14 ATTACHMENT 8 Downtown Master Plan Goals 5:;~ ~;~? .; .. "" i:~ =a~ :.;.-:-::.;\:' ~*' lj,. ... ji:'I~~ I';! :~~ .;-~~ ,7.~ .~ll~~~~~~ '<< 'M JL~~Jfily~" J . ~~~ ~.~ ---- ~_:"_!_: ~ I~'~~~ ~~<~~~ ~~~lii.if~ ~~..... " .. ... .." .. _.:~:::. "".:" " I . :.:-i.....:..::-iM.Jr .... ..,,:- """ ". \.....:: .~....;..-.. :-t rand~i,~i~1 E:~~ t31:D'~~~.'I.Jfl.C~.I]HO:m~ =~l:= '. ~~ ~~-~"y:-~. .. -~':~~:.: ~.~,.. ~'1Ll~"~'''' n" .. .-' ";.r" ~"" "r ... :( " ~ I .: , . ,," ::.. ..:~ W~C=~ ~..,iii'~..' ~i..~~~.,<' ~E~I*~~~~ ~~~~iSS~ ~ A'i' ~.t;.. .. ".. " .... .." ..... " ","" . : " " . .... ... ...... .... ..... : "" :-:. .mm.", ....' .:.mmmJm ~'ha~dY ~~~~~ ~~=- ~~~fbWmt I=~ . ''It'-: . ~~~~_.....::t.(1i' !,,, b';: ~ _. .:.::~~- ~;~ ~.jtmtijHlItt~~l -,;.~ '. ~:~ L~. II.......~._~_ 11_ ~Witi~i\" ';=~=- .;'f~lfi'reJ+~W~~ ~~~~1f>.,:;, -~ ~,:::~, ~~b~.a ijf~~1lt~ -~~ ~ ~~ _~tiitUf~~ ~..~~. ~ifrit~_:~,!. ~'1:=~ ~;':~ii~'~ ~''''" ~.,..~ '.". ~":"-'" "~;:"~~:::'X:,,~J:~:J-:J.~~~_~ .~~ ~~fimt~ ~~~~~.~'~ .' - ." ~~:~ fBe~~~; :=::=;' ~-~~~~ :!..;.., ~~ ~~\tiie~ ~_.~i~_Wi ~:.. ~',:" --;-~:>"0;::':~ '~":~ "~:: r.~ ." "-: ._r:7':"' ''':_:.1''..' . :-I.:::....:._~:":.._.: ":':"'-:~-..-..... -:::: '..:..-~.~ "-: :r-:.:,' ,,,::':' .,,:"":.:-.. :.'1-./ .~~~_B~'f~i~.: 15 Page 3 1 COMMISSIONER STRANGE: our next item is 1 questions, rIllet him describe how he carried that out 2 Item No. 4C, which is also an Alternative Development 2 in lieu of a neighborhood meeting. 3 Plan. It's for a multi-family development. Site consists 3 The requirement to allow one-story 4 of approximately 3/10th's of an a.ere on the northwest 4 multi -family development within 100 feet of a single 5 comer of Wainwright and Prairie. The property is located 5 family use or district was adopted in August of 2005 as 6 within a Downtown Commercial General Zoning District. 6 part of Ordinance 2005-224~ The purpose of this 7 Mrs. Shelton. 7 requirement is to preserve and protect existing 8 MS. SHELTON: Thank you. The subject site 8 single-family neighborhoods from imposing multi-family 9 is located on the northwest corner of Wainwright and 9 structures that are inconsistent with the character of a 10 Prairie Streets. There are single family residential uses 10 traditional single~family neighborhood. 11 to the east of the subject site. To the north is mixed 11 While this requirement is appropriate for 12 use with multi-family, retail and office uses. And to the. 12 many neighborhoods in Denton, it is not compatible with 13 west is commercial office space~ 13 the goals of the Downtown Master Plan in the Central 14 The subject site is located within a 14 Business District as it relates to this site. More 15 Downtown Commercial General Zoning District DCG and the 15 residential opportunities and higher density development 16 surroWlding zoning is also the same zoning district. The 16 is es.sential to create a more vibrant and walkable 17 applicant is requesting to deviate from Section 17 downtown. The proposed in -fill development will help 18 35.13.13.2, which states, bw1dings constructed within 100 18 revitalize the Downtown area by adding new investment to 19 feet of existing single family use or zoning district 19 the area .providing more residential opportunities and will 20 shall be limited to a single story with a pitched roof. 20 curb urban sprawl through in-fill development. 21 The applicant is proposing to locate a three-story 21 The Downtown Master Plan states one of the 22 multi-family development within 100 feet of a single 22 plans fundamental goals is to achieve a balanced and 23 family use. 23 diverse mix of compatible uses, a mix of housing jobs, 24 The applicant .is .providing 35 percent 24 services and attractions as necessary to shape a vibrant 25 landscaping on the two lots as mitigation for this 25 and pedestrian friendly downtown. More than two-thirds of Page 2 Page 4 1 deviation. Fifteen percent landscaping is required in the 1 the downtown is occupied by commercial, retail and 2 OCG zoning district. The first site photo here shows the 2 restaurant uses with less than 18 percent of the Downtown 3 subject property looking west across Wainwright. This is 3 use for housing, the area has fallen out of balance 4 also part of the subject property looking northwest. This 4 requiring people to travel into and out of the Downtown 5 house is to be removed for the multi-family project. This 5 area primarily by car. 6 is the southern portion of the subject site. The photo 6 Developing a variety of housing options 7 was taken looking north across Prairie. This house is 7 within the downtown and adjacent areas means more people 8 also proposed to be removed. This is the residential 8 will be able to use and appreciate the area. The proposed 9 property to the east of the subject site. This photo was 9 multi -family development is consistent with the goals of 10 taken -- ob, pardon me_ Yeah; that t S to the east. And 10 the Downtown Master Plan to provide more residential 11 this is just a little farther to the north on the same 11 opportunities by increasing residential density. 12 side of the road. 12 Therefore, staff recommends approval of the proposed 13 This is the existing multi-family and 13 Alternative Development Plan and I will attempt to answer 14 commercial property to the north. And this is the 14 any of your questions~ And, also, of course, the 15 commercial property to the west of the subject site. We 15 applicant is here to answer questions. 16 have received Qne response in opposition to the ADP 16 COMMISSIONER STRANGE; Do you have any 17 request as shown on the notification map. We received a 17 questions of staff? Okay. We will now open the public 18 total of five responses in support, one of which is the 18 hearing and is the applicant here and do they wish to 19 owner of the subject site who also owns all of the 19 speak? 20 property to the north and west, and one property owner in 20 MR BELL: GOod evening. My name is Jack 21 support which owns the two pieces of property there to the 21 Bell~ 521 East Windsor~ I would be glad to ans.wer any 22 northeast of the subject site. 22 questions you have pertaining to the development. 23 The applicant Jack Bell bas contacted each 23 COMMISSIONER STRANGE: Mrs. Holt. 24 of the property owners along Wainwright or I should say 24 COMMISSIONER HOLT: Mr. Bell, how many 25 residences to discuss the project. If you have any 25 apartments do you -- would you like to put on this lot? Condenselt 1M PLANNING AND ZONING 6-14-06 ITEM 4C Page 1 - Page 4 PageS Page 7 1 I\.1R. BELL~ This Phase One of this 1 of the applicant? Dr. Thibodeaux. 2 development will be 34 units. 2 COMMISSIONER THIBODEAUX: I just want to 3 COMMISSIONER HOL T~ In this section? 3 make sure I'm thinking about the right property. Is that 4 MR. BELL: Yes, ma'am. 4 Victoria Square -- 5 COMMISSIONER HOLT: This is Phase One? 5 MR, BELL: Yes, ma' am, the offic.e building. 6 MR. BELL: This is Phase One. 6 COMMISSIONER THIBODEAUX~ -- yellow -- 1 COMMISSIONER HOLT: where is Phase Two? 7 MR. BELL: Yes. 8 MR BELL: phase Two will be directly in 8 COM.MISSIONER THIBODEAUX: -- building, 9 front of that where Victoria Square is sitting now, the 9 yeah. 10 office building. We propose -- the plans are not complete 10 MR. BELL: We have Victoria Square with a 11 at this time, but we're looking at adding about -- II small building on the comer. 12 probably about 100 to 120 units in this area over the next 12 COMMISSIONER THIBODEAUX: Yes. 13 two or three years. Your Master Plan calls for a total of 13 MR. BELL:. used to be the photo shop. 14 500 units in the Downtown area. We think we can provide 14 COMMISSIONER THmODEAUX: Yes. 15 20 to 30 percent of that. 15 MR, BELL: And then -- which was a gas 16 The site or the DCG zoning requires no 16 station years ago and then the Buick dealership which was 17 parking. We could essentially put an eight-story building 17 next to it, and that's -- I converted that into an office 18 here and fill it up and put probably 300 Wlits here, but 18 building. 19 . it would fail. You have to have parking and that's one 19 mMMISSIONER THIBODEAUX: okay. 20 thing that we have a lot of here. So we believe that we 20 lv1R. BELL: And then next to that is 21 could put 100 to 125 units and provide 120 spaces minimum 21 Victoria Village where the Homestead Restaurant used to be 22 parking. 22 in the front. 23 COMMISSIONER HOLT: I drove by there today 23 COMMISSIONER THIBODEAUX~ Yes. 24 and Wainwright is an awfully narrow street. Where is the 24 MR. BELL: And then we own the property 25 parking going to be? 25 across the street. And we're looking at developing all of Page 6 Page 8 1 MR. BELL~ The parking is on-site. The 1 that into residential. 2 parking is currently -- I have 120 spaces there now at 2 COMMISSIONER THIBODEAUX: I thought I knew 3 Victoria Village. 3 what you were talking about but I wanted to be certain. 4 COMMISSIONER HOLT: okay. 4 COMMfSSIONER STRANGE: AnY other questions 5 MR BELL:. But in this zoning, I'm not 5 of the applicant? Thank you, Mr. Bell. 6 required 10 provide any parking and all n if I develop 6 MR. BELL: Thank. you, sir. 7 this in accordance with the zoning at fullest density 7 COMMISSIONER STRANGE: we have no cards on 8 allowed, I could put about two or 300 units there and all 8 this item; is that correct? Brian, we have no cards? 9 of the parking would be on the street. I am providing all 9 MR. LOCKLEY~ NO, sir. 10 of my parking on my site. 10 COMMISSIONER STRANGE: Is there anyone here 11 COMMrSSIONER HOLT: Thank you. 11 who wisbes to speak that did not fill out a card? Okay. 12 COMMISSIONER STRANGE: Mrs. Guzman-Ramon. 12 We will close the public hearing. 13 COMMISSIONER GUZMAN-RAMON: NOW~ in our 13 MS, KING: I would like to speak but I 14 backup, it indicates that yourre willing to provide 35 14 didn't turn a card in. 15 percent landscaping? 15 COMMISSIONER STRANGE; well, we will give 16 MR, BELL~ Yes, ma'am. 16 you the opportunity to speak since yourre holding a card. 17 COMMISSIONER GUZMAN-RAMON: what sort of 17 MS. KING: My name is Becky King. I own 18 landscaping? 18 the property at 315 South Locust which is called Intech 19 MR. BELL: The final plan has not been 19 Design and it goes all the way back to Wainwright Street. 20 drawn yet. But we just -- the design has not been 20 I didn rt notice -- it went by so fast, but I didn't 21 completed. We've just allocated 30, 35 percent of the 21 notice, excuse me, if the site plan is developed enough to 22 area for landscaping instead of the required 15 percent. 22 show where the parking is going. to be because right now we 23 COMMISSIONER GUZMAN~RAMON: okay. Thank 23 own a parking lot that goes behind where Victoria Village 24 you. 24 is now and a lot of those tenants park on our parking lot. 25 COMMISSIONER STRANGE: Any other questions 25 .And that's where they just choose to park. They don't CondenseIt 1M -------~ ! i .PLANNING AND ZONING 6-14-06 ITEM 4C Page 5 - Page 8 Page 9 Page 11 1 park on the property for V ictoria Vi1lage~ So I was 1 COMMISSIONER HOLT: so just recommend? So 2 wondering where the parking was going to be for the 2 I need to just recommend that there be one parking space 3 three-story apartment house. 3 per apartment unit 4 COMMISSIONER STRANGE okay. Can the 4 COMMISSIONER STRANGE: Okay. We have a 5 applicant provide an answer for that? 5 motion. Do we have a second? 6 MR. BELL: Yes, I can. All of the parking 6 COMMISSIONER WATKINS: second. 7 is existing. There's 120 spaces there now. And what 7 COMMISSIONER STRANGE: we have a motion by 8 she f s referring to~ from time to time there might be a 8 Mrs. Holt, a second by Mr. Watkins. Do we have any 9 customer or a guest of -- we have 28 units down there now 9 discussion? If not, please, vote. 10 and from time to time somebody may pull around to the back 10 The vote passes 6-0. 11 not knowing that that property belongs to somebody else. 11 12 And theytre quickly told that they need to move and they 12 13 do. The -- we have more than enough parking. 13 14 When this property was originally built, 14 15 Victoria Village, the Homestead restaurant was the major 15 16 tenant and bad a 6,000 foot restaurant in there. That is 16 17 the reason for .all of the parki.ng. When the restaurant 17 18 went out, I elected not to let another restaurant go in, 18 19 put a lot lower density tenant in there which where the 19 20 restaurant was there's now nine apartments, requiring only 20 21 nine spaces instead of probably 40 spaces. And so there's 21 22 plenty of parking and thatfs why we're -- we have the room 22 23 to put these apartments because this was originally a car 23 24 dealership and had ample parking for car display, just 24 25 like it was across the street. 25 Page 1 0 Page 12 1 COMMISSIONER STRANGE: Thank you. Does 1 2 that answer your question, I\frs. King? 2 3 MS. KING~ well~ the parking would be my 3 4 concern just because that's a lot of -- potentially, the 4 5 total build project is a lot of units and I could see how 5 6 it works with the City t s plan but I guess 1'd want to know 6 7 that his site was going to have to include the parking 7 8 since thafs what hets saying it's going to include~ so -- 8 9 COMMISSIONER STRANGE: Thank you for your 9 10 comments. Thank you. 10 11 MR. BELV May I answer? 11 12 COMMISSIONER STRANGE~ well, you can answer 12 13 if you'd like to do that. 13 14 MR. BELL: Again~ I could put 300 units 14 15 there and not one parking space is required. But we are 15 16 providing one space per apartment. It has to be there and 16 17 the spaces are existing. 17 18 COMMISSIONER STRANGE~ Thank you. Okay. 18 19 We will now close the public hearing. Do we have any 19 20 comments or do we have a motion on this item? Mrs. Holt. 20 21 COMMISSIONER HOLT: I would like to make a 21 22 motion for approval adding that there will be one parking 22 23 space per apartment unit; is that possible? 23 24 (Discussion off the record between 24 25 Commissioner Holt and Mr. Lockley.) 25 Condenselt 1M PLANNING AND ZONING 6-14-06 ITEM 4C Page 9 - Page 12 ATTACHMENT 10 Ordinance To be forwarded when available NOTICE OF PUBLIC HEARING ADP06-0010 The Planning and Zoning Commission of the City of Denton will hold a pubffc hearing on Wednesday, June 14, 2006, and consider making a recommendatjon to City CounciJ regarding an Alternative Development Plan for a multifamily development. The site consists of approximatety 0.30 acres and is located on the northwest corner of Wainwright and Prairie Streets. The property is tocated rn a DC-G Downtown Commercial Generar zonjng district. The purpose of the AJternative Development PJan is to deviate from the requirements of Subchapter 13 of the Development Code. (ADP06-0010, Victoria Square Apartments, Lori Shelton). The public hearing wifr start at 6:30 p.m. jn the City Council Chambers of City Hat] 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 rnto account~ return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attendirJg and participating in the public hearing.) You may fax it to the number tocated at the bottom or mail it to the address berow or drop it off in-person: Planning and Development Department 221 N~ Elm ST Denton, Texas 76201 Attn: , 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. I n favor of req u est Please circle one: Neutral to request ~~ to req~ Reasons for Opposition: ""11,tt 1-1::; Co I s: 8" g,e1tb'" -r;. f;, f../ t::A 'lI'i (},./ LAiA I ({ W'R, "I T .;!L i3:."'" h ({ os: ~ .t:: i E"" ((At C A t,s , p...Arh ~iJC'lii l;~" Au. '1 P AL1{~ ad 71I~ ~ytLet-r: f\'l !!li,;rVIIE: t::"A"'fAL H;!!~ (1J nU i:A M /i'~C/q{0 >Nfl <In. c ;.h'1. A ~lJ. 7'1,; ~~tlo!r- ~,d, ~. .I t\1>' I""~ teL ~11 Ul...,..,t:' ~,.., tI." ~ eltuRHWT Wbtl L ~ P. II uJ f IL~ /Jli1t "'H ~ b W W,..;J v./R i ,It '"f ~7/le:l:;-r: Signatu re: Prtnted Name: ~~&c: ~ I ~:~~az ( t-i lrsA *'"b OF T" ANi q;: ~~E1-U , I.j"'~1T Oi-..lt/at ") / Mailing Address: ~Aiff t:Aj~ Ill> City, State Zip: T>~-roAJ~ -rx 7'2c~/ Telephone Number: ~~) 39~ -- /009/ Physical Address of Property within 200 feet Cfl-r. \NAjNu./~/''''T CITY OF DENTON, TEXAS CJTY HALL WEST · DENTONl TEXAS 76201 · 940.349.8541 · (F) 940.349.7707 200' P&Z Notice AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: Planning and Development Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT - S06-0004: (Mitchell Veterinary Clinic) Hold a public hearing and consider adopting and ordinance regarding a request for a Specific Use Permit for a veterinary clinic. The property is located on the east side of North Locust Street north of Third Street. The approximately 0.36 acre site is located within a Downtown Residential-2 (DR-2) zoning district. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Marilyn E. Mitchell Denton, TX The applicant is requesting a Specific Use Permit (SUP) for approximately 0.36 acres to allow an existing medical office use to be converted to a veterinary clinic. A veterinary clinic is allowed within a DR-2 zoning district upon approval of an SUP by the City Council. The Planning and Zoning Commission recommends approval (6-0). Public notification information is provided in Attachment 3. As of this writing, staff has received no responses from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW There has been no recent activity associated with this site. OPTIONS 1. Approve 2. Approve with conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION Staff recommends approval of this request with the following findings: . The Specific Use Permit request is in compliance with the Denton Plan. . The request, subject to the conditions in the attached draft ordinance (Attachment 7), is consistent with Section 35.6.4 "Approval Criteria" for Specific Use Permits. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification and Responses 4. Site Photographs 5. Site Plan 6. Access Letter 7. Planning and Zoning Commission Minutes 8. Ordinance Prepared by: ~<<""'/ ',.,....,. ,~' ,;:,:':; "", ,,;;,/,;' ,< Chuck Russell Planner III Respectfully submitted: Brian Lockley, AICP Acting Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting a Specific Use Permit (SUP) for approximately 0.36 acres to allow an existing medical office use to be converted to a veterinary clinic. Medical offices are included in the category of Professional services and offices and may developed in a DR-2 zoning district limited to 5,000 square feet of gross floor area per lot. A veterinary clinic is allowed within a DR-2 zoning district upon approval of an SUP by the City Council. Existing Condition of Property The property is developed with an existing medical office building that contains approximately 1,600 square feet. Six parking spaces are located at the rear of the site. Access to the site is provided from both North Locust Street (directly) and Third Street (by an access agreement with the adjacent property owner). The property is landscaped and the parking spaces are fully screened from the adjacent property to the east. Adiacent Zoning and Land Uses North: Downtown Residential-2 (DR-2) (developed office use) South: Downtown Residential-2 (DR-2) (developed office use) East: Downtown Residential-2 (DR-2) (developed assisted living facility) West: Downtown Commercial-Neighborhood and Downtown Residential-2 (DC-N and DR-2) (developed single family neighborhood) Development Review Analysis Staff analysis of the proposed specific use permit was based on Section 35.6.4 "Approval Criteria" of the Denton Development Code, which states: "A Specific Use Permit may be granted if the City Council finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan and federal, state, or local law. B. A specific permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 3 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. C. That adequate capacity of infrastructure can and will be provided to and through the subj ect property. D. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in The Denton Plan. 7. Other factors found to be relevant to satisfy the requirements of this Chapter." The applicant is proposing to occupy an existing one-story structure that was formerly used as a medical office. The structure was originally occupied as a single-family residence. The applicant is not proposing to add on to the original structure. The proposed veterinary clinic use will function in a similar manner to the previous medical office and is architecturally compatible and similar in scale, bulk, and coverage with the surrounding uses. The existing landscaping lighting and screening on the site will be maintained, "so as not to disturb or adversely affect neighboring properties". The applicant is proposing to use signage that is similar to the existing medical office sign on the site and will continue to be compatible with the scale and design of other signs in the area. The proposed SUP conditions will ensure this compatibility with the adjacent properties will remain in place. 4 As stated above, the City Council can impose additional conditions as a part of granting approval of an SUP. The proposed SUP complies with the above-mentioned criteria subject to the following conditions. These conditions have been incorporated into the attached draft ordinance (Attachment 7): 1. No outside runs for animals are permitted and the property must be maintained in a neat and orderly fashion. 2. Access to Third Street through the adjacent property to the south must be available during business hours of operation. 3. Either landscaping or a minimum three-foot tall solid fence must be maintained along the northern property lines of the site to provide screening of the parking spaces from the adjacent properties. 4. Parking lot lighting must be maintained so as to not create glare that negatively impacts the adjacent properties. 5 ATTACHMENT 2 LOCATION AND ZONING MAP NORTH 6 AERIAL MAP 7 ATTACHMENT 3 Public Notification and Responses ~ CO LLEG E L . ~ ..~:. / ...., ,.: ''- .. _. 'J' .:, .... ..~ ~ ';S:", u~"~~:,,,'I'~~ "'~ }. ,.:. ) .~.: ~ .~ .' ., tl ,~ ~ t""" U) ::I U g ~ .":'~' .,~.~ ., .~ '.~.~. ~. 7':" L 1 -..... I :-... SITE lHJKp . Tf I RD J . .1' .7 ...' /' /~ / "[ ~.ARY .~EGCI ~D ----... ~.: .,. ~,~. . ~ ~.1."~ .:~.~. 1--' .... ~. ~ ~ ~ c \ ::2 ....J w I" 0] I.... r::"'~~:: Newspaper Notification Date: May 14, 2006 Percent of land within 200' in opposition: Less than 100k 200' Legal Notices* sent via Certified Mail: 22 500' Courtesy Notices* sent via 1st Class Mail: 58 . In Favor: 5 . Opposed: 3 . Neutral: 1 NOTICE OF PUBLIC HEARING 506-0004 The City rA Denton P~8nnlng and Zoning Commlssion ~'I hold a public hearing on Wednesday, ~ 24~ 2006. and consider making a recommendation to City Council regarding a reQUes1 for a Specific Use Permit for a veterinary .c1fnic. The site Is located within a Downtown Resldentia~-2 (DR..2) zoning dis1rict~ The site is located at , 400 NorUl Locust Street which is 0f1 the east sjde of Nordl Locust StreetF north of Third Street. The pubric hearing YiiU alert at 6:30 p.m. in Ule City Council Chambers of City Hall located at 215 E" McKinney Street, Denton~ "exas. Bseause you own property within hNO hundred (200) feet of the SoPojer;t property, thfl PiEmning snd Zoning Commission would like to h,,-ar hO'V'l you fuI sbout this rvqusst and inWes you to attend the public hearing. Please, in order for your opinion 10 be taken ;nto .accoun~ relum this tonn YJfth your comments prior 10 the date of tile pootJc hearing. (Thl$ in no wsy prohibits you from attencling and participating in the public hearing.) You may fax it to the number located at 1Ile bottom or maU it to the address berow or drop it off in-person: Ptanning .net o.valopmant Departmenl 221 N... Elm ST Denton. T08$ 76201 Attn: Chuck R.u8&sll. Project Manager These fonns are LnlR to calculale the percentage of landowneR that support and appoM the request- The Commission is fnformed of the percent of responses fn support and in oppos~ton. Please circle one: Neutral to request Opposed to request S~n2turQ: -~ lA ~~ - Printed Nsme: f~.#.;S ~ tV a{;;:;l Maning Address: I ~~ ~ L-4,a.{,)'T City, State Zip: ()GV~,aJ 7K.. ~ ~~r Tel$phon$ Number: ..:r~ a J. f (-- C.J 'J Physical Address of Property \VltNn 200 teet: CITY OF O~NTON, TEXA S CITY HAU. WEST · DENTON. TEXAS 1~2C' .. 94Q .349.15641 II {F) 940.3'1 B. 7707 ~;}:. F~Z : ~~.jLh~ 9 ........ NOTICE OF PUBLIC 506-0004 HEARING The City of Der110n Planning and Zonrng Commission will hold a public hearfng on Wednesday~ May 24~ 2006~ and consider mak~ng a recommendatfon to City Council regarding a request for a SpeCific Use Permit for a ve1erinary clinic.. The site ~s rocated within a DowntO\Nl1 Residential-2 (DR~2) zoning' district. The site Is located at 1400 North Locust Street which is -on the east'side of North Locust Stree~ north. of Th~rd Street. ' The publlc hearing vnll start at 6: 30 p.m. jn the Cjty Council' Chambers of City Hafl Jocated at 215 E. McKinney Street, Denton. Texas. Because you own property within two hundrad (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and jnvites you to attend the public hearing. PJeaser 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 parlicipeting in the public hearing.) You may fax It to the number located at the bottom or m'an it to the address below or drop it off in-person: Planning and Development Deparbnent 221 N. Etm ST Denten. Texas 76201 Attn: Chuck Russell, Project Manager These fonns are used to calculate the percentage of landowners that support and appose the request The Commission Is Informed of the percent of responses In support and ~n apposition. Please circle one: \) Neutra! to req uest .~~/ Opposed to request Reasons for Opposition: iZ~j Signature: Printed Name: Mailing Address: City. State Zi p ~ Telephone Number: '-' D . . Physical Address of Property within 200 feet: 13 I 'I rKJ, L-:D C (.{ .s:r STl. CITY OF DENTON, TEXAS C'TY HAlL VLlEST ~ OENTON. TEXAS 76201 · 940.349.8541 · (F) 94Q.349.7707 200" P&Z Nolfca 10 NOTICE OF PUBLIC 5 06~0004 HEARING The City af Denton Planning and Zoning Comm,ssion will hold a public hearing on Wednesday, May 241 2006. and consider making a recommendation to C~ty Counci~ regarding a request for a Specific Use Permit for a veterinary crinic. The site 15 ~ocated within a Downtown Residential-2 {DR-2} zon~ng d~strict. The site is located a11400 North Locust Street which is on the east s~de of North Locust Street~ north of Th i rd Street. The pubUc hearing will start at 6:30 p. m" in the City Council Chambers of C~ty Hall Jocated at 215 E. McKinney Street Denton I Texas~ Because you own property with;n 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. Pleasel ~n order for your opinion to be taken into accountl return this form with your comments prior to the dale of the public headng. (This fn no way prohibits you from attending and patticipating in the pubHe 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: Chuck Russerl, 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 opposltion" PJease circl e one~ Neutral to request Opposed to request Reasons for Opposition: Signature: V\~~~ r; ~ Printed Name: - --------- ~F "\ MaHing Address: \ '-\ 0" N · (... "r.l'" ~1 Crt]', State Zip: ~~C--t,'~'" t..t71 Telephone Numbe~ ~4D s-". 3 z-e ~ Physfcaf Address of Property within 200 feet ~ CITY OF DENTON, TEXAS CITY HALL W~ST t OI::NTON~ T~XAS 76201 · 940.349.8541 · {F) 940.348.7707 :;.,)D. PS? NoYr.1:? 11 ... NOTICE - OF PUBLIC S06-OD04 HEARING The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006~ and consider making a recommendation to City Council regarding a request for a Spe~fic Use Permit for a veterinary clinic. The stte is located with~n a DowntO\-Vt1 Residentlal-2 (DR~2) zoning district. The site Is located at 1400 North Locust Street which is on the east side of North Locust Streetj north of Thi rd St ree1. The pubBc hearing \Hill siart at 6:30 p.rn" in the City Council Chambers of Crty Hall located at 215 E. McKinney Street, Den1on1 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 att&nd the publiC hearing. Plaase~ in order for your opin~on to be taken in10 account, return this fonn with your comments prior 10 the date of the public hearing. (This in no way prohibits you from attending and participating in the public hoaring.) You may fax it to the number located at the bottom or mail it to the address be!ow or drop tt off (n-person: Planning and Development Department 221 N. Elm ST Demon, Texas 76201 Attn: Chuck Russell, Project Manager These fonns are used to calculate th.e percentage of landowners that support and oppose the request. The Commission 1S informed of the percent of responses in support and in opposttion. ~ Please circle one: Neutra~ to request Opposed to request Reasons for Opposition: -1- "'- Signature: cOL.' ~.:ii:i Printed Name: ~~-;{ ~ F1Y'~ Mailing Address: jJJ~e 1- :/. ~ I r; ( d( A w ~l JW S"!; City, State Ztp: ~fl fll,i 7)! "7 b .HJ i Telephone. Number~ if fit)=.- ~P()-- 133~ Physical Address of Property within 200 feet: ) 1..} 02 - } t/b '-I N~ Lo tAA 5 T 5'"T. CITY OF DENTON. TEXAS CITY HALL WEST" DENTON, TEXAS 76201 .. 940-349.8541 ~ (F) 940.349.7707 200t paz NcrlJr;;e 12 NOTICE OF PUBLIC 806-0004 HEARING The City of Dentoll Planning and Zoning Commission wllJ hold a public hearing on Wednesday, May 24, 2006, and Consider makrng a recommendation to City Council regarding a request for a Specific Use Pannit for a veterinary dinic. The site is located within a Downtown Residentlal-2 (DR-2) ZOning d istr1 ct. Th e site is j ocated at 14 DO No rth Locust Street wh ic h is on the east side of No rth Locust Street, north of Th i rd Street. The public hearing will start at 6:30 p.m. in the City Coullcil Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because YOll own properly within two hundred (200) met of the subject property, the Planning end Zoning Commission would fjke to hear how you foof about tMs requast and invites you to attend the public hearing. Please, in order fot 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 attend;ng 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 ill-person: PJanning and Development Deparbnent 221 N. Erm ST Denton, Texas 76201 Attn: Chuck Russell, Project Manager These fanns 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. PJease circle one: NeutraJ 10 request Opposed to reques1 Reasons for Opposition: Signat re: Printed am ~ f\AaiHng Add ress ~ C iIy p State Zip: Telephone Number; PhysicaJ Address of Property within 200 faat: CITY OF DENTON~ TEXAS CITY HAll WEST · DENTON, TEXAS 76201 · 940.349.8541 . (F) 940.349.n07 200' P&Z Noocf/. 13 NOTICE OF PUBLIC 806-0004 HEARING The City of Denton Planning and Zoning Commission WlII ho'd a publlc heartng on WednesdaYr May 24! 2006, and consider making a recommendation 10 Cay Council regarding a request for a Specific Use Pe rrn It for a vatari na ry 01 i n i c. The site is loeated wit h i n a Downtown Res id ent fa 1-2 (D R-2) zo ning district. The site is loca1ed at 1400 North locust Street which is on the east side of Norl:h Locust Street~ north of Third Street. The public hearing will start at 6:30 p.m. in the City Councit Chambers of City Hall located at 215 E. McKinney Street Denton, Texas~ B9C8use you own property within two hundred (200) feat of the subject Property1 the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public h9aring~ Please. in order for your opinion to be taken into account. return th~s form with your comments prior to Ule date of the publ~c hearing. (This;n no way prohibits you from attending and participatIng in the public hearing.) You may fax it to the number I oca ted at th e bottom or ma i ( it to 1he ad dress below or d rap it off i n...pe rson: Planning and Development Department 221 N.. Elm ST Dentont T*xss 76201 Atbl: Chuck Rusasll. Project Manager These forms are used to calculate the percentage of landowners that support and oppose Ole request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: Nautra110 request Opposed to request Reasons for Opposition: ~ /5 e- .5 /LJ!! ':n~.?5_'o pJ ~ lJ tI /hI <.,fp A' ?:c::? . ~S~~/N. r F Signature: Printed Name: . Mailing Address: 7]P, ~~ ?:lsf.6 City, State Zip: n E -----;;7 - -~ / k ? ~ ~ 2....- Telephone Numb~r: i:?1/a dtC -~/~ Physical Address of' Property within 200 feet: /. tJ 71< WI./ lif of" CITY OF DENTON~ TEXAS CllY HAlL WEST · DENTON, TEXAS 76201 .. 94D.349.8541 · (F) 940.349~7707 200 ~ pgz No tic a 14 NonCE OF PUBUC HEARING 806-0004 The City of Denton Planning and Zoning Commission will hoid a public hearing on Wednesday, May 24, 2006, and consider maklng a recommendatIon to Crty CouncH regarding a request for a Specific Use Permit for a veterinary clinic. The srte is located within a Downtown Resjdential-2 (DR-2) zoning district. The site is located at 1400 North Locust Street which is on the east side of North Locust Slreet, north of T h i rd Street. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Slree1, Denton, Texas. Because you own property within two hUndred (200) fe~t of the subject property, the Planning and Zoning Commission would like to hear how you fge1 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 wfth YOllr 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 ttle number - located at the bottom or mail It to the address below or drop it off in-person: PlannJng and Development Department 221 N. Elm ST Dentont Tuas 16201 Attn: Chuck Russe~l,. Project Manager TheS& forms are USlld to caJculate the percentage of landowners that support and oPpose the request. The CommissioIl is informed of the percent of responses in SUpport and in oppositIon. ~ n favo r of req tJest Please circJe one: Neutral to request Opposed to request Reasons for ~pOSitfon: A tV/lJ'fL ~ R.d~.e'lN~7)~1 '"'rl.L~H~ rid/? ~p~"'{~dPd5}""",.,,,r.I .:5..,d#/7An.Dj ~Oo~~~ IJ7r.JM.fs'7EJ? 7Z/v ~Oe-""~ tJ-5S ~ /fit;; A~,4 ~ rn~~ Signatur&: ~~..:. _ Prin1edName:~.t.!: c~~IIS Mailing Address: ~ tJ, -ell" I.- f it! ~ City, State Zip: -Vi:tl7lJ1.I "7Y 7' z.o z..., Telephone NlImber: q /(0 .. 5r6: 6 { Z .3- Physical Address of Property within 200 feet: L 4'/ h AI.' L OGn ~ 200. P&Z Notice CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.~49.7707 15 NOTICE OF PUBLIC HEARING 806-0004 The City of Denton Planning and Zoning Commission will hard a plJblic hearing on Wednesday, May 24, 2006, and consider making a recommendation to City Council regarding a request fot a SpeCIfiC Use Pennit for a veterfnary clrnic. The site is rocated within a Downtown Residential-2 (DR-2} zoning d istri cl The site is located at 140 0 North La c us t Street wh ie h is on th e east side of North locust Street, no rth of Thi rd Stre et. The public hearing wHl start at 6:30 p.m. jn the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own Property wfthin two hundrod (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feef about tMs 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 parlicipating in the public hearing.) You may fax it to the nllmber located at the bonom or marl it to the address be'ow or drop it off in-parson: Planning and Development Department 221 N. Elm 81 Danton., Texas 76201 Attn: Chuck Russell. 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~ Neutra~ to request Opposed to request Reasons for Opposition: Signature: ~'J.L ~#P}~ ~~~ Printed Name: ~IS: Mailing Address; f/?()~T /4~.6 City, State Zip: .~~~ --7l 'l6.;;((!:).;? Telephone Number: .?'M :s;t"{- .:::7/rl-' = Physical Address of Property within 200 feet: /1'M /7 " ~t!I~;' CITY OF DENTON, TEXAS CITYHALLWEST. DENTON, TEXAS 16201 · 940.349.8541 . (F) 940. 349. T701 20(]' P&Z Not/G(J 16 NOTICE OF PUBLIC HEARING 506-0004 ~ City of Denton ~nning and Zoning CDmmilSion will hold a public heating on WednesGay. M.y 24, 2006, and conSider makIng II recommendation to CUy Council regarding a request for 2 Specif~c Use Perm It for B veterinary eliol e. Tne ..l~ Is located within a OovvnWwn Recid8ntiak2 (01"1-2) zonin[J district. The site is located at 1400 North Locust S1reetwhich Is on the eaat side of North l-.ocust Slr8et. north of Third Street. . The public hearing will stlrt at 6:30 p.m, in the City Council Chambers of City Hafllocated at 215 E. McKinney Street, Demon, Texas. Because YOCl own properly witflit1 two hurKkBd (200) feet of rbe subjed pmperty, ths PlannJn9 and Zoning Commi8siotI would like to hear how you feel about this rsqtIMt and invites you to attend' the puMc hearing. Please, in order for YOtlr opinion to be taken into accaul'lt, return this f-oml wlttl )"OUr oommlitllt$ prior to the date of the pl,iblic hnring. (This in no WIly prohibits )'CIU ffOlJl attending and partir;ipating in the pUblic heanhg.) You may tax It to the number k1f"'.ated at the bottom Ot mail ilfa !Me address below or drop It off m-PGfSon: Planning and Deve~opment Department 221 N. Elm ST Denton, Tuaa 782D1 Attn: el1\tek Ru$..IIJ PrD~et Manager Tha. forme 11.... uHd to caleulate th percentage uf landowner. that .upport a nd Oppose the requeet. The Comminlon is lnfonnea at the percent of raspol1Se$ in $Uppon and in DppasnJon. "In favor of requMl -~?~ Dne: C;UlraJ~~ rGQueat OppoGicd to roqusBt Reasons for Oppol;Jtion: Signature: Pmted Name: ~;J MajlinQ Address: " 0 . L 0 '.t. City, State Zip: b=- N"JQ N' /r. 71. 2.. o.:t. Telephone Number: q 10. .3 'f :J .14 'G Pt1ysicar Address of Prope rty wJtl1In 200 feet J..2 J ~ II L~ Co 41 ~ ..r CI1Y OF OENTON., TEXAS CITY' HALL WEST · DENTON, TEXAS 78201 · 940. 349.854 'Ii . (F) 940.349.n<l7 2OO~~&ZNCJ~ 17 ATTACHMENT 4 Site Photographs Subject Site looking due east across North Locust Street Property to the west across North Locust Street from the site 18 Property to the south adjacent to the site Property to the north adjacent to the site 19 Rear parking and access area looking south towards Third Street Rear parking facing property to the east of the site 20 ATTACHMENT 5 Site Plan .;~. ~..ft.J ..f ~ ~,.....:t::-o, J 1-J .. ~ . 1.llfJl ~ . ~1 . , . P\i i f 1 ~ ~.t~ ~lli .1 ~. ~ 01:::' -, f :II Q .. It ilII: ... ~~t ~~j~~rrt 3 . Rio! ]!rJl~iiif -h'~~ .~ jt~='~~ {'"II ~{1 ft iI3J~f~ ~ f ~ ~-i ~ '" ~ S. ~ ~ . ili.., - --il"'~ ~ ... oil J.. . g: 3i = ~4 0 . . f.. r ~ rJ' ti '- J f ~f~l i~ ~ ti. .. Q g~ , if ~ .:!1.:11 ~ .JI < Hi ~ .z:. Ij ~~~ ~ -..1: "~f~ .....'" -I ::1 .j~b {['f. ~~f 9 it I~ 1 i -~l [: r~ $~ ~T f ..... ~ ~ ~ 8' i\ ~' t; ~ " it ~ ~ t O~- )0 cJ O-\U; Ot."-:- "- ~ :i ;;u -. ~ ~~.2 ~;:.~ ~ttI f i s::. .z. . ~~ f 3 ~J: Jf .# ~~ ~ j:. $!X) t~f ~ ~ ;!. f !" -. r~- -tp ~ ~ 5' . t 11 t 11 21 'd\ ~ ? ATTACHMENT 6 Access Letter Lf.r,...............~ .~ ..............~ Gaylen Fickey, D.D~S. 1314 N. Locust DerIIor\ 1X 76201 (940) 387-0512 April 26, 2006 P151nning and Zoning ~M{ttee Denton., Texas 76201 -; HE: Puking lot access aJ: 1314 N ~ Locust and 1400 N. Locust Beginning in 1994 t1ie paiking lots bCtwecn niy office and the- offices of Mentor CounseliDg services were. connected. allowing access between Loaw;t Street and Third Street. The shared access bas proven to be mutusDy advantageous. and there is every reason to anticipate dlatit will continuet Although each property'has ~ room fur its own access. coonecting the.parldng lots bas a1lowed us to enjoy a greenbelt between : ' : _. our office buildin,gs that enhances 1he aes1betic value of bulb properties. We have been notified that Mentor Couoselin.g services wiD 500Il be moVing, and that the prospective new owner needs cou:finnB:lion of our :intention 10 continue to share sti-eet access. The prospective new owner will be a veIerioarian, Marilyn Mitchell, and We are pleased with the prospect of continuing to share access with a new professional aeighbor. We hope that the committee will look favondJIy upon ,Dr. M"iWheJl9 s permit application. .' ..:.:..' S~:y, .' #-- . . . q: .. /..v . . Gaylcn Z. Fickeyl' D.D.S. fit( i"-". 00.. Marilyn Mitcbel1" D.V.M. . . .. 22 Page 69 Page 71 1 COM:MISSIONED: $'IIt.!\NOr.: we will DCW 1 subject property e.od tD; access off of Loctut. ~ 2 recOflVmf: cur meding at 8:30 and we will now maY(; to Dan. 2 property 00 the left me is the property due: scuth which 3 4C 'Which jl a Specific Use Permit for a vetc:ri.naTy clinic J is an existing medi~9.l office Bnd then to the north which 4 located at North Locust 80d 3rd. Mr. Rassell 4 iB tile reskkntial tri-plex. And note.. to(), that that:: is ~ MR. RUSSELL: Mr. dmir, rmmbO"l of 1bc ~ 8 - v..d.L not to get cff topic, but I think a q~rion 6 City Planning t1nd ZooiDg Cmmni.;$ion, tb:: next item i~ 4C 6 did coma up obont how they wm:I going to provide sOOd 7 This is a rtqUEIst fur e SpeciflC Use Pennit for a 7 WBBte disposnl. They are pIEU1ning on wins the: curb side S Veterinary Clink. 00 property c.uImltty :zoned 00-2. The 8 pickup just like everybody die along Locu!t. 9 gabject property js sbmvn on the llidc that the previous 9 In the back of She property. itl S pretty 10 use of tJx; c:xi:Jting propmy "WIl8 a medical office building 10 heavily -- tl:Eets 8 lot of ~n right now. 1ky 11 SO evm though it 'Wag probably originally buill as a 11 are phrnnin,g en kind of lrimnting :tome of dud: back, bot 12 ~aI ute, it did have an office then; previ{)'IGly. 12 the poinl I want to make We is that on the left slide 13 Surrounding prop::ttyt it docl front on Locust. To th;: 13 you 8ee ho\v they de haw aceesJ ~tly to 3rd Sum 14 "WCSt~ them is DD apartment building aoo a church. There 14 fmm ~ adje.oont property OWDCI'. Yen do bave a letter icI IS is al1.01lu medical office buil.di.dS due so\rt1J. that froms IS your pa.ckd that SElys th.e.t that property 0WDa' docs inleI1d l6 akmg 3Id, residential uses to the can 00 the bank Jide 16 on ml1intaining that acccs:~ to 3rd Street. 17 of the pmpt:l1y.. And dJeret 9 alio a lrill1cx:~ R 17 TIE slide CD u., bottom risht ~s you' n:: 18 mrid.erltiaJ. age tbr. ii 1tJ the north up Locust And the 18 facing the residential property that's to the f::ast ]9 same: property owner dun own; me gubjcm property aIlIO 19 Tberet I Cl[istiog solid screening fence as \Vd.l as 20 owns the property to the nonb. 20 landlcaping that buffas that property to !be east. 21 The nexl slide $bows existing zoning, 2J Tb:re's mllo -- you can see a. light ~ The lip ~ 22 again. it's oU 00.-2. and 1M majority of oll of the 22 -- themaximumh;ight orb light is four f~ to it 23 zoning in the area is withiu 1h~ downtown zoning family_ 23 does .. the IIgbt doe1. Dot b1w:1 over to lhc adjacent 24 And you t ro probably aware that a lot of 1he propc:ny along 24 :property . 2S Lo.eu5t BOd in litis area gcneral.ly does CODSjst of a 25 In 'Urns. of notification, lve :9eot out 22 Page 70 Page 72 1 ~ of S()~ residential usel~ tOJ]]f: offlCe-type useI_ 1 ~ to property owners within 2(]O ftd. We n:ceiwd 2 So lha'e is Cl.!I1l:ntly kind of a mixture of ~ial aDd 2 Bve notices in &UppOrt. ~ in opposition and one 1 1t:Sidentia1 uses. 3 ocutraI. And jmt fer 'the reco1"d, th::: dnQ; in cpp05hkm 4 ~ propooed site plan,. tbjg is kind of tbc 4 were all sent jn from the: same: ~ 0\VllCI who owned 5 :first view that shoWB the em:ire iik: plan. And I tried 5 these d:utc lots that are 10 the Nonh along Locust 6 10 blow iI up Q littk: bit 10 fCrnllI iD 81 little bit more fi The lad "dliog I do want to ;say .is stafT iG 7 on the aite. TIe subject propcrtyJ the building ig about 7 teCCDIC1t"ndine support of tb= ~ Since 1his is 8. 8 a ] ~OO squa~ foot bu.ildin~ again, formerly used ms 0 8 Specific Use Permit, the ownen CM cbsngl; in the furore. 9 mtdical oilice. Theret J B<:CCSS to Itc propa1y off of 9 and tb;: Code does allow for condition; 10 00 attI1clm 10 10 Locust as v.rcllas ilic:Ic beiog an access easemctrt cuncntly 10 aD sur. staff ili rem:mlIIleIlding four oondi'tioos as a part 11 - Actually not liD casement, but. tbc:rc::t 5 an e.grecme:m with 11 of cur approval aod theY re 00 Paee 4 .of your staff 12 the property 0YIt1Cr to tfr; south to provide ar:cess. to 1te 12 'Write-up. ]] property off of 3rd Street. 13 'The first condition would be approval bB9Cd 14 Locust Street is CDC way to lhe: nord1. 3rd 14 UPOQ tbae being DO oumida runs fur onimaIs on !be I~ StrM.u ooc WHy to 1b:: easL There arc six exiStiDg 15 propeny and that it In;~ maintaintd in a neat aDd orderly 16 parking spacel in the rr.ar of the propa1y. 'I'h; applicant 16 fnfibion mnd in accordance with our Code. A~~, to 3rd 17 is not proposiog to make aoy significant changes: to tbe ]7 Street 10 d1e adjacent -- thrnugh 1h~ adjacent property 18 property in 1mn1 of tb: st:ru.cture or th: access or th; 18 must be I!vaiIab1e during bu&inc8s hours. And I want to 19 parking spaces. AeaiIl,:fonmrly used for medical affi~ 19 change up numbet thn:c just B little bit I just talkal 2tJ now prDposm to B veterinary clioIc. Just for fYL in 20 10 lle applicant Since they do OWn tbe property to the 21 terms of the parking ratio being provi~ it is about one 21 north, I would change up num"bcr thm: to !ay only ...... to 22 to 265t wbicb :is son of ~~ between medical ~ffice 22 only involve the propaty that', to 1hc east in tams of 23 and :regular ofiJCe parking rcqWnmlents. Bbout one to 450. 23 maintaining solid &erccuiDg .ud landscaping to that 24 Photoll of the iUbjOOl property. 11ris i, 24 residmtiaI property to dle ta~t 2S looking from - 1D the e.am acro:g~ Locust StrttJ at 'the 25 And 1IJc property ovmer just informed me ATTACHMENT 7 Planning and Zoning Commission Minutes Condense) t nt: PLANNING AND ZONING MINlITES MAY 24, 2006 Page 69 - Page 72 23 Page 73 Page 7S 1 that ~ in the future they may want to have ~s I rm originally from Denton and m.oved back here eigbt years 2 to that property to the: north. so t:ha-e doesn ~t need to be 2 B!O after graduating from Texa.9 A & M. I've: beco J that solid screening in my opinion bet\veeft the subject ] ccmmutirJg 10 Ibe PlanolCerrollton arm fur the l.e.st eight 4 property and the property to the north. -4 yc:ars: working 88 all 6B 10(:iB.~ and have come to the point 5 Finally, the parking lot lighting:must be 5 in my caroor that I'm ready Ie) awn my own facility and 5 maintained SO as to not create glare that would negatively 6 where etse wmdd I do it but in my own Comm1.bljty and so 7 impact the surrounding residential properties, basically 7 thal'm why I'm hac this evemng and wuuld Jove to 8nI\lrlel' 8 like it is today. And with ~ staff would ~d 8 your qn.e:6tioos that yen had., if you want me to S1m1 with 9 approval. 9 the one you jU!t 81!ked. 10 COMMISSlONER S1'RANGE: Any questions of 10 Doe. itrij against the law to throw a ]1 staffl MIS. Guzman-Ramon. 11 deo:asad anime1 into 1be garbage, so lba.t would not be 12 COMhfISSKlNER m.rzMAN-RAMON: Om you put ]2 lJappeoing. There are ~ campaoic:s 1bat Bctu811y we 13 flip to the slide that had -- that sl1ov.cd the easternt the 13 CflD call to come pick them up that will do CImmtion fur 14 property to the east, I guess, where they would need to: 14 them. I know tre City of Denten lm! crenu.tion also 15 fence and point that out IS available where private citizens can take lheir animals 16 MR.. RUSSELL: I can It seem to get the 16 ~ to be: CI'CIIl8ted. So if a elic:nt 'Wanted to lake tteir 17 mouse, but ittg basically the: bottom right slide. Looking 17 own patient or their own pet away tbey c.ould do that as 18 10 tJr; left of that light, there -9 an existing solid 18 well and diSPC9C: of them from that standpoint. 1~ six-foot fence and there t s: also, as you c.an see; quite a 19 But Ih:re are IeVeral ...... tk:rt:'s actually 20 bit of landxaping that buffers the subj eet property from 20 'IhKc well-known companies in 1b:: Denton DaIlaFJIFhrt Worth 21 the property to the east. 21 area that will actually c.ome pj~k 1hcm. up aDd take them so 22 c:ot.iWSSJON'ER STRANGE.: Any other ~uestions 22 - other qucmoos that -- 13 of staffl 1l:tmk you. fJI\ excuse me. Un. Holt" 23 <DMMJSSIONER. Snu.NGB~ Any othct qo.cstions 24 COMMISSIONER HOLT: Yes. 'What - you said 24 of the applicmrt7 Mr. Roy. 25 trey "Nere going to use 1:00 usualt j lW: the sarb.age 25 CO!D.([SSlONEIt RoY: I 8~!Ume you~ve :seen Page 74 Pa~ 76 1 containen, what if 1k:re is sonu.1hing Jarg.:r1 What do 1 1hese objections sc perllaps could you address the issues 2 you. do with it? Whal ea 1bey going to do 'Witb it? A 2 that they've - 3 Jmg.: dog or something that tI:.;y 'tWRn.t able to bell'. J Oil. UI1'CIm1L: chuck informed of those. -4 MR, RU$Sf.LL: ~ rIrst of ~ I do know 4 ~ fint one,. I think, that they had c:oncems tlbout was 5 from a - rlllel the 1Ipp]kBn.t addrml 'that. But in 5 me putting a dlWlpstcc om on the Sttrel I de not pwn on 6 terms of s.pccial types of Wft~1c. obviously tbe.t~s 8 5 having 0 cJumpstcot~ ~ S DO ~ to have that bi8 of . 7 lCparatc - you ~tm'l dispo8€l of that iD the nonnal 7 ~ t)rpe thin~ I JIlCaD, the:: n-guJar liarbage pick~up g fasbion. ~~ EI s~ja1 contaiam far that kind of 8 will be ~1E:. I've - one of the ~cmpBnics lhal r 11 9 waste. And r In a;suming if they had to take care of I! 9 be 1Ding to deIivo: drugs and that kind of stutJ:~ ~ 10 dea:ascCI onim.al, that ~~8 a different way ..... ]IOU don PI 10 aetuaUy bring everydring in Tupperwan:-type containers 1] ron that out in the can.. Thd bu 10 be disposcd of in 11 that we just rotate out~ so that limits aoy lype of 12 a diffeRm way. But] tB8 lei the applicant ~s that 12 box4ypc of lIlattrial from thaI standpoint. JJ if youtd likeT I) So 1ba1~ r; definitely a bonulJ. Most 14 OOMMISSIONER HOL T: ~ I gae:i I they 14 companies don tt do t:bat So it' g very nice to hove 8 15 would IEve: to have medical conWnntalts fur bloOO. and 15 compapy that I can work wIth that dom do a lot at 115 anythJDg like d.e.l 16 :n::cycling. We'D bavc a paperless computer system. so 17 MR. RUSSELl.: l!JII:actly.. just like Il medic:aI 17 llx:re will be very minimal paperYlOfk from d1at 18 office does. 18 s1m1dpoint And Il1Y of that stuff ] strongly believe in 19 COMlJ..tISSICNHK HOLT: [would like 10 know 19 ftCYCliog that - ] hope -- I don ~I bow if they actua11y 20 that. 20 hmrc 100YCle containers there thnt ] can get it eurb:iidc 2) ~rssroNI!R STRANCm: Any qUCi'tionS of 2J picked up or I'll be taking it out mysdf and, J'UU knew. 22 Jbdf? TImnk you. We will QCW opgl the public hearing. 22 recycling it at the locaL CODIII1UDity bins. So I think 23 II 1m applicant bc:rc aDd do tbcy wish 10 speak? 23 lbtrlr big ccncern wag t1:m.t I WR'9 gojng to put.a. big green 24 DR. MlTCHEt.L: oood evening. rm Dr. 24 dumpsta io. front of the facility~ which I 1NOUld never 2:S Marilyn l.litcb;1L I live me in Di:oton at 2900 Lakewooci 25 dream of doinS bc:ca.u.sc that wcu1d be kind of usIY. so - 1 CondenseI t l1tl PLANNING AND ZONING MINUTES MAY 24, 2006 p~ 73 - Page 76 24 Page 77 Page 79 1 think tluc next one was - was it noire? ] app:raval of AgmdB. Item 4C! is it? 2 Noile, UI Om.ek rrcnticocd or I dOIl't lmovr 2 OOldMlSSTOHER STRANGE: Yc:I. 3 if be actually clariIJCd it welL. I will DOt be baving 3 COMMISSIONER HOLT: sc:.ooo. 4 aoy lcind of kcmrel or boarding facl1iTy. ~ ~I]BIY 4 cm.n.nssIQNER S1'R1J'rlUB:: okay.. And 1ba1 " S clinic wUl be unaU auimal~ I will probably daiog S wilh tho oooditians"l 6 OtOtici as ~ tWng; like birds aod J'8bbi1l. But there 5 COMMISSrONEQ TEllBOEJEATJX: The ~onrliCions as 7 will ncj be any Idnd of boarding type thing wm-e you can 7 indi~ in the. workup, \Ylite-up by d8ff~ 8 larvc your animal there. Pmemi.a.ny~ tIE only Ihing that 8 COMMlS.!lilQNER S'lRANGE:: All right We hive 9 would be left ovan~ \\-OUld be scrn; kind of hospitalized 9 8.:motion by Dr. ThihooaJl.m and a second by Mrs. Helt. Is 10 animal from ~Ol,t-op rtJr8t:IY. Most t)'pically. lbal'lJ only 10 Ihe:re any discussioo? If not; please vote. And tlx: vote II going to be a eat. So I don't tbink a cat could IiI.ab 11 passes 6-0. 11 tIlouyh noise to be lcmj. The f8cl1ity eum;ntly already 12 13 ms. lfarm wi~. 13 14 And siace it ~ an older home. most of the 14 13 existing \Vll11s ~ ex1emal walls and stuff arc eight incl1m 15 16 veriU!J, sbt inches like cutIeu type building. The current 16 17 CYmeI'I have used it as a counseling facility! 80 they have 17 18 alrc:ady gone in and IIOI:1Jf: of the walls that 'tb:tvc added JR 19 have I!drled extra bBlDng inti] the walb so itrs pretty 19 20 much sound proof. So I think there will be very minimal 20 21 sound pm blem9 from d:aat standpoinl And since 10m: are 21 22 gmDg to be d.aytime hours from 7: 30 to 6:00 at th:: latest, 22 23 it's JXrt ,goiog to be - dac~ s; going to be traffic saine 23 24 dovm the road that's soiIli to mdflc any kind of sound as 24 25 well. 2j Page 78 Page 80 1 So their ~t me ,..,., JrBl'king. 1 don"t 1 2 krlt7tN exB.C'tly wballbcir conc:em with pmking since it does 2 3 have lu O~ parking 101 in fre back. So I donft know J 4 what their big concerns \IieI'e from that standpoint So I 4 5 don It knew how to ~y addras \Vbat dEy were C;ODC~ 5 6 wUb. Any other guestionJ7 6 1 COMMISSIONBIl STR.ANCJF: .Any ether quc:stiOO5 7 8 of tbc= applicant1 8 9 DR.. M:1'I'CHBLL: l did foxgrt Yem mentioned 9 10 as far as blood disposal t)pe stuff. An of that slUff 10 11 goes :in sharp containerg that Iblother company ipecirwally 11 12 comes andp:ickl up. So that WQDrt be: a problemei1k:r. 12 13 Thank you. 13 ]4 CO~[ONE.Il S'JR.AlrrlGE: ThaDk )'00 very mu.cb. 14 15 We only have one o,bcr card an lbis hem.. JS 16 And. it 1; for R perROn who did nDt wish m speak was in 15 17 suppD:t That I ~ Lee Gano. Was there 8.Jlyone else hm': who 17 18 wished 10 rqKzk? OkBy" With no speakers,. I don't SUlpecl IS ]9 that you would have any rebuttal. So - did you have 19 20 anything else you wuu.1d li1re to add? 20 21 OR.. MIIamu.: NO. 21 22 COMMISSIONI!R Sl'R.ANOE= okay. With that 22 23 we' U close the public b:aring. And do we have a motion 23 24 for this item? Dr. Thilxxkaux. 24 2S cc.:tdM:1SS[0NEI{ TH[5OOBAUX: Mr. Chair]! l.movc: 2S CondcnscIt Th[ PLANNING AND ZONING :MINUTES MAY 24, 2006 Page 77 - Page 80 25 S :\Our Documents\Ordinances\06\S06-0004.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON APPROXIMATELY 0.36 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF NORTH LOCUST STREET NORTH OF THIRD STREET , LOCATED WITHIN A DOWNTOWN RESIDENTIAL-2 (DR-2) ZONING DISTRICT AND IS LEGALLY DESCRIBED AS 1400 NORTH LOCUST STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND IS MORE FULLY DESCRIBED IN THE ATTACHED EXHIBIT B; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THEMAXTh1UM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTNE DATE. (806-0004) WHEREAS, Marilyn E. Mitchell has applied for a specific use permit for the Mitchell Veterinary Clinic within a Downtown Residential-2 (DR-2) zoning district classification and use designation, on approximately 0.36 acres, generally on the east side of North Locust Street north of Third Street and described in detail in Exhibit "B", attached hereto, and incorporated herein by reference; and WHEREAS, on May 24,2006, having fOlUld that the approval criteria of Section 35.6.4 of the Denton. Development Code had been satisfied, the Planning and Zoning Commission recommended approval of the specific use permit for a veterinary clinic; and WHEREAS, the City Council concurs in the findings of the Planning and Zoning Commission, and finds that the Specific Use Permit is consistent with the Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON~ HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference.. SECTION 2. The Specific Use Permit Site Plan attached hereto and incorporated herein as Exhibit "A", is hereby approved for the property described in the caption of this ordinance. SECTION 3. The Specific Use Permit is hereby approved with the following conditions: 1. No outside runs for animals are permitted and the property must be maintained in a neat and orderly fashion. 2.. Access to Third Street through the adjacent property to the south must be available during business hours of operation. 3. . Either landscaping or a minimuril three-foot tall solid fence must be maintained along the eastern property lines of the site to provide screening of the parking spaces from the adjacent property. 4. Parking lot lighting must be maintained so as to not create glare that negatively impacts the adjacent properties~', SECTION 4~ If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end, the provisions of this ordinance are severable. SECTION 5~ Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00, with each day of violation constituting a separate and distinct offense. SECTION 6~ This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage~ PASSED AND APPROVED this the ~ day of , 2006 PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE ATTORNEY .>/ Exhibit A - .. I ~,;.~:tt1t~~~v.;CP~Y~~~< ~jf-< e' rf~;i in:.; x.( ::. }l:{!S"W- f}(~~!fa:H~H-fJfrfJj~1t ilfq:~ ii r i" ~.. Ii!'; '" f ~ ~ l:fl- ~~J:.P l! fr. " ~ ~ ~ ": .;~ * .~ ~'~A ~ t;;l<Y ffJ~;r,. 'l~~;j. ~.,en " a % po a'~ . lli~ ~: ~ ~.At i2 ~ *" <{ (t 3 '7;' if *' '? ~ . ~ ~ ~~ ;? . ~ $:~ -" ~ }.f ~p ~..V~, i ;$~~ ~. %..J,-' ~ &- f!r 0 .....,z: -11" p; ..... ~-g1~~4) ~ $(f;A{ $, t: t '"h- . 1: .. <:<.;. <.. :.i:i? irf"? $ f~}0 ~ . 't. tt ~ ~ 1: ~. ~. j.~. ~ ~ t1 T~:t ,~ a ,,- 0/ ~ %w, :. ....." ~ '~r ~ ill 4,!, r0~ . :~ ~ [~1yg ~1:1r 1 $ is:Jl~ t.::tit ..~ .!tz i~-~ -,:3- -- ~~s ~~g i~ ~ lVt .G. .~~ ~ ~j' i :? ,t" :.. '" ~ - r ~ -J 3ii ~ t1 ~. -"'. j) r( <> j l<. r. 3 5~ i,. ~ [..~'~^i ~+ ~ tI }:: ~.v 't' ~ Jt P"'~.:"" 1: 1- ~ ~. ""< ,":,:;X:: ~ e, ~ 'th~ ;;:':;~ ~ : J~.;;, <4J ~ ~J ~ ~ \;'1_ ,;~{ ~ tr #Jf: ~1~~ ~f 'i f~ ~~ ~. g,f~: S. ~ fil- .~~ '<<< ~~ ~ t.. T; 5' ~ e +:. f;t ;;;;; '''; .f: ~ i i 1:. tJ b ft =€ ,ur ~ -~ ~I 'Vi ., ~ t 4: r fi. s~ 1 l : -l 5j~~ ~~$j l1::~ ff~ it."f-. ~ Z~G ~::'"; ~ % :& ~ <4- 14' e.. #P; t~ ~ --<:. .i:b ~ 1. ~ r m(!l ~u ., Q g~ € ~~s: ~ ~.~ ~"n .~ ~ ""'t"t~"'JO ~ ;} [S: J=~ j~ 1_ ~{D ~-- ~~Y' ;< i~tY ~ '""1- ltu r:J.. 1J i9 ~ ; \':.s i~ ~~~ fJ t...,.,.. "0> if> ~ ~ "I ~ tf\ " ~ ~ o l '!I i , ~ tl-1UJ ~:[S: S .~z- iih .... ~ 0 t, "'L ; ..0, ~$ ,~. -: 1l :0 D ~,. ;: ~: ~ :5'~ :;., :". ~ .~ ,.. Mi t'"- ." :f~! z ~*~ """"""?;4.. :J . . ~':.' ,',' '. .~"' ..~':'.; :~: r . .~ Y. '" f> ~;o. ;,s." :. ~ ..... ;~~~- :~,~~~ f <-. <. .::z i Xz <; -K J i \<< ~ :t f(. <.1 .~~.~ . t ~ :( :l~.~t' r :J J ~(:l ~JO'~<J. ~l-< -<"\ . ;~, ':, I~~ l~! l:r:v f l:+! 1~ ,,' ~~/ :"'" o1:-l;> ~;o f'~ 'p ~ SJ- 5th:> ~ ft >>' *lo ~~ t:4 ~. 'Q...' ::r sf~ ~~.~ ~~ ~{ t)~""'" Je'fo'W ~~ :J f~ g:: ,0 3; ~ 3. jF- ~t;:D ~~5 ~~~ ~; ~. :i; ~ l ~ EXHIBIT B AO.185A BBB & eRR, TRACT 20, ACRES Oa289, Q.LD DeAD TR 190 1400 NORTH LOCUST.. STREET .FIELD NOTES to an that certain tract of land situated in the B. B.8. & C. Railroad Company Survey, Abstract Number 185 in the City and County.of Denton, Texas and being aU of that certain tract described in the deed from Ben Dudenhoeffer et~ux~ to Bettee N. Edwards recorded in Volume 871 Page 514 of the Deed Record~.of Denton County, Texas as recognized and occupied on the ground; the subject tract being more .particularly described as follows: BEGINNING for the Southwest Comer of the tract being described herein at the . Southwest Corner of said Edwards tract in North Locust street; THENCE North 00 Degrees-14 Minutes 55 Seconds West with a line parallel with- the occupied East fine of said Edwards tract in said Street a distance of 90.19 feet to the. Northwest Corner of said Edwards tract; THENCE East with the North line thereof at 27.80 feet passing a %tJ iron rod found in l1e monumented East line said Street and continuing along said coursel in ali, a total distance of 173~60 feet to a wood fence corner post at the occupied Northeast Comer-of the said Edwards tract; THENCE South 00 Degrees 14 Minutes 55 Seconds East with the occupied East line thereof a distance of 901 ~9 feet to a }2" iron rod found for the monumented . SOutheast Corner of said Edwards tract; THENCE West with the South Hne thereof at 145.8 feet passing a 18. elm tree . a~ continuing along said course, in alii a total distance of 17aeO feet to the PLACE Of BEGINNING and .enclosing 0..359 of an a~ of land~ AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 CM: Planning and Development Department Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Z06-0005 (King's Ridge Estates) Hold a public hearing and consider adopting an ordinance approving a Detailed Plan for Planned Development District 115 (PD-115) for approximately 194 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35. On May 24, 2006, Planning and Zoning Commission concluded a public hearing without reaching a consensus on the recommendation to approve the Detailed Plan (3-3). BACKGROUND Applicant: Brockette Davis Drake, Inc Dallas, Texas The applicant has requested approval of a Detailed Plan for this property to develop single- family lots. The property is currently undeveloped. The proposed development is consistent with the Concept Plan approved in May 1986 for Planned Development District 115 (PD-115). The Concept Plan shows approximately 172 acres of single-family development with approximately 5 acres of open space, 12 acres for future multi-family, approximately 23 acres of commercial and approximately 18 acres for park and a school site. The Detail Plan proposes 651 single-family units with approximately 5 acres of open space. Multi-family and commercial uses, as shown in the approved 1986 Concept Plan, are not included in this detailed plan. Public notification information is provided in Attachment 3. As of this writing out of the 57 notices sent, staff has received 18 responses in opposition to the request representing approximately 13% of the land within 200 feet of the subject site. Staff recommends approval of the requested Detailed Plan as it is in compliance with the Concept Plan for Planned Development District 115 (PD-115) and meets the requirements for a Detailed Plan as outlined in the Denton Development Code. OPTIONS 1. Approve. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table. RECOMMENDATION On May 24, 2006, Planning and Zoning Commission concluded a public hearing without reaching a consensus on the recommendation to approve the Detailed Plan. ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development. PRIOR ACTION/REVIEW The following is a chronology of Planned Development District 115, commonly known as Bonnie Brae/Westgate/Payne/Hwy 77: Application Acreage Approval Date Ordinance Concept Plan 239.17 May 20, 1986 86-101 Concept Plan Amendment 230 January 4, 2000 2000-007 Detailed Plan 194 January 4, 2000 2000-008 ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification and responses 4. Photos 5. Detailed Plan 6. Planning and Zoning Commission Minutes 7. Ordinance 8. Approved Ordinance # 93-108 9. Approved Ordinance # 86-101 10. Approved Ordinance # 2000-007 11. Approved Ordinance # 2000-008 12. Concept Plan for PD-142 13. Denton Mobility Plan Prepared by: Supriya Chewle Planner II Respec}fully submitted: Brian Lockley Interim Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of ReQuest The subject property was zoned Planned Development District 115 (PD- 115) in May 1986. Along with the zoning the Concept Plan was approved. The Concept Plan shows approximately 1 72 acres of single-family development with approximately 5 acres of open space, 12 acres for future multi-family, approximately 23 acres of commercial and approximately 18 acres for park and a school site. As submitted the Detail Plan proposes 651 single-family units with approximately 5 acres of open space. Multi-family and commercial uses, as shown in the approved 1986 Concept Plan, are not included in this detailed plan. Back2round On May 20, 1986 the subject site was rezoned from Agriculture (A) zoning classification and use designation to Planned Development 115 (PD-115) classification and use designation. On June 15, 1993 by Ordinance 93 -108 the City Council approved the indefinite closing of Westgate Street north of Barrow Street (See attachment 8). Ordinance 2000-007 approved an amendment to the Concept Plan for approximately 230 acres on January 4, 2000. Ordinance 2000-0008 approved the Detailed plan for approximately 194 acres for the subject site on January 4,2000. Per Section 35-156 of the Code of Ordinances Any detailed plan approved after February 15, 1991, shall be valid for twenty- four months from the date of its approval. If no construction begins pursuant to a building permit issued for the property within the twenty-four months, the detailed plan shall automatically expire and no longer be valid. The commission may, prior to expiration of the detailed plan, for good cause shown, extend for up to three hundred sixty days the time for which the detailed plan is valid. The Detailed Plan that was approved on January 4, 2000 expired on January 4, 2002. Therefore a new Detailed Plan is required prior to platting the subject site for development. The Detailed Plan was reviewed in accordance to the Denton Development Code. According to Subsection 35.20.P.l, the street system for each new development shall be connected with existing, proposed and anticipated streets within and outside the development. However, an ordinance # 93-108 was approved on June 15, 1993 providing to indefinitely close Westgate drive north of Barrow Street Existin2 Condition of Prooertv Property History. February 20, 2002 - The subject property retained the Planned Development 115 (PD-115) zoning status and land use classification by Ordinance 2002-040. The subject property is vacant. The site is designated Neighborhood Centers and Regional Mixed Use General land use designation in the Denton Plan. Adiacent zonin2 North: Planned Development 115 (PD-115) & Regional Center Commercial Downtown (RCC-D) South: Neighborhood Residential 2 (NR-2) & Neighborhood Residential 3 (NR-3) East: Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed Use (NRMU) & Regional Center Commercial Downtown (RCC-D) West: Neighborhood Residential 2 (NR-2) & Planned Development 142 (PD-142) Comorehensive Plan Analvsis The subject site is located in the "Neighborhood Centers" and" Regional Mixed Use Centers" future land use area of the Denton Plan. According to the Denton Plan, According to the Denton Plan, the "Neighborhood Centers" reads as follows: "Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of "neighborhood centers". These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplifY the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with town homes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood "greens" and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. " According to the Denton Plan, the "Regional Mixed Use Centers" reads as follows: "For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. A regional activity center could include a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college, and high-density housing. A regional activity center is considerably larger and more diverse in its land uses than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building. height & mass. " Develooment Review Analvsis Per Section 35-181 of Chapter 35 of the Code of Ordinances, all planned development districts shall be developed, used, and maintained in compliance with the approved Concept Plan for the district. Planned Development District 115 (PD-115) has been designed to allow the co-existence of residential, non-residential, outdoor recreational uses. The proposed Detailed Plan as submitted is compatible with the approved Concept Plan and surrounding land uses. 2 ATTACHMENT 2 location/Zoning Map Future land Use Map 5 NORTH ATTACHMENT 3 Public Notification NORTH Scale: None Newspaper Notification Date: May 14, 2006 200' Legal Notices* sent via Certified Mail: · In Opposition: · In Favor: · Neutral: Percent of land within 200' in opposition: 57 18 o o 12.960/0 *Property in the ET J is not notified 6 NOTICE OF PUBLIC HEARING ZOG-OOOS The City of Denton Planning and Zoning CommIssion will hold a public hearing on Wednesday, May 24, 2006, to consider makIng a recommendation to CIty Council regarding a Detailed Plan for Planned Development 115 (PD-115) zonIng district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currently undeveloped. 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- Planning and Development Department 221 N. Elm S1 Denton, Texas 76201 Attn: Supriya Chewle, Planner II 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 rn favor of request Reason for Opposition: Please circle one: NeutraJ to request Opposed to req uest Signature: Printed Name: .~ J6. ' I: /} Mailing Address: dS,lc; r1 f -Ie Y' D/J.-, City, State Zip: JJe07z;-n / X, '7-0~ '1 Telephone Number: 9ii) 9q / --{)S'f</ Physical Address of Property within 200 feet: yes 20D' P5~Z Fvo!/rx> CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 - NOTICE OF PUBLIC HEARING ZOG-OOOS The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currently undeveloped. 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 dat":! 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- Planning and Development Department 221 N. Elm 51 Denton, Texas 76201 Attn: Supriya Chewle, Planner II 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 Please circle one: In favor of request /] ~ "' . I" j ,,- /0 ...} Signature: II a /L/~1yU <-W---f.--,"._f . Printed Nam~:"- j)Nl--/~.J (:..:: tU" ~ J 7 ;r"'\ .'\ Mailing Address: .;2-f,' 0 I r- (~ -L<!:e~, /~i /c \ / ~ l ~/'~ ~ City, State Zip: {j €'~fJ j l.r . / <::: ,;L07 Telephone Number: 9 '7::LJ - ;':?{ll- ~f:- 6 3 PhYSical Address of Property within 200 feet: ~ J' I l .t CITY OF DENTON, TEXAS CfTY HALL WEST · DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 NOTICE OF PUBLIC HEARING .ZOG-0005 The City of Denton Planning and Zoning Commission will hold a pUblic hearing on Wednesday, May 24, 2006, to consider makjng a recommendation to Crty Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map beJow). The property is currently undeveloped. The public hearing win start at 6:30 p.mw in the City CounciJ Chambers of City Hair located at 215 E. McKinney Street Denton, Texas. Because you own properly within two hundred (200) feet of the subject propet1y, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. PJease~ in order for your opinion to be taken jnto 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 hearingw) You may fax it to the number rocated at the bottom or mail it to the address beJow or drop it off rn.. Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Supriya Chewle, Planner II These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission rs informed of the percent of responses in support and tn In favor of request Reason for Opposition: ~ ; c.le;;: J-~ - L ' "r If' /J/' ~- / L // -,.e I A4 IC ~ / ~ eA1~:> A1e.v"'; ~ -e f..,i.~L Please circle one: ~cO..'..~~~~--~-~.~=".~__ Neutral to request ~~.~~ req~ ../~ - c/ "L '~ //v ;- .lIE- A/ z.€ /t~ 'd"'CJ /T :"''i ~;:; Iff/,./S- ..;..." TZ. 0:.>' / i-..P A- //~(L/' I/;)f)/ ;T/ l~,ri/ '~;'Pi{L- j) i-r~t,,;.-~/!-- c' u' L I!?,:nif- r";,.''k ,.~/ 1fPA~_ ~ /A- €. /:A;:j..{ Je- /:~s.:; 7-.ij'~ 5~7 /L7-. h~ ~,1/1. t-1 s.. T4:.~t.-" ~ - ~ -' .,^- ij.or~ '"~. c. , ti.';' e.- /A (. c. il,u € '3 d? / /4 Signature: ~:,--:' ~~._ ~~ Printed Name: Let..:-,s, ~4j)oi/1ff Mailing Address: 2 t;c4 Co Fn"- Ot<J (,.:L. City, State Zip: Vbl/7C/I/ l /x Zth z:-~ 7 , Telephone Number: (i)4c)",,~r3f5.4 -782 i Physical Address of Property withjn 200 feet: &;u'1 ~w 4;~ - . - - - - - - -- - - - -- - -- _.- - . -... -. --... .-.. 7#1z~~;k... 4;Z<. 7t~~.;.~ I~v '../E.".:5 /7/cr 54)" ~ ,P,(/f. /!- '#5- /C~~p i//Ii~'I2.D I~ip , (L.s .7Z- )e~L Y /"'/eld.-. K Q' r_1 . .. _-~~ -., j~~L---" J2J571N4 @/lPa/,.,f &~y .v/0vi: CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8541 · (F) 940.349.7707 2f)() - {:)3Z f~j()t;CE. NOTICE OF PUBLIC HEARING ZOG-0005 The CIty of Denton Planning and Zoning Commission will hold a public hearIng on Wednesday, May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below)A The property is currently undevefoped. 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- Planning and Development Department 221 N. Elm S1 Denton, Texas 76201 Attn: Supriya Chewle, Planner II 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 In favor of request Reason for Opposition: Please circle one: Neutrar to request ........ p~osed.:::J /, ;-1 ;1- i..0 -f: 0 t,':- i! '-I-6~ -:) 6> i) 71"'" -+ C;' , .J., /t-]7 .~!'.i fD /)Y} /.-' '7/) ~t i /, 9/w; cJ t!~ e f?d'Y-' Jibe k,k-.(_~ :~l~~~ t~ r~ ._~~_LJ~>'~~v:l,_.~~,~:r~_. ~~~:: ~!::c :;~;;-j~;:~~-l'~h;7C ..._ , ; /" . tP ~ ~ ,- ^it~lll (;/:)!:_ ) , .~ , -pi; ',} N t2. '-6 tf l5. i) ,>, E.f "7 "t{6~ ;." t. c:::.1f' ({:. 0 J::-Af'~ C? .--C/ r 14:\' --- ~. de ~c-,Df: .(~ ~'"rV?-v'k C><--. "'i/-o.C::: L~ 'M S. - ~~ ...t -/~. ~h' Ignature: ---- /,~\.,-1:i ,!~~ f. ~,~/> z"t':'~ Printed Name: )9,,/ l~tU/j Va iF.Ai i> 6.;L Mailing Address: )..6 2> (~, .f~E y P-0 _ City, State Zip: f) %,r"."tL"N j -rX"ZI/ -2 0- 7 -?/ rr~ Telephone Number: q 1;,t1 '- 3 e'? - ?qL( i:/ Physical Address of Property within 200 feet: y ~ I CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 200' PlsZ Not/ce . NOTICE OF PUBLIC HEARING Z06-0005 The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currentty undeveloped. 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 bottOITi or ma;! jt to the address be..lotv or drop it off in- Plan"ning and Development Department 221 N. Elm 51 Denton, Texas 76201 Attn: Supriya Chewle, Planner II 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 In favor of request Reason for Opposition: Please circle one: Neutral to request ,-," , Opposed to request } -~,--"~-~ ~~ ~~~~ /~;~.. aiLG6{t .GL<</.i~* ;-+-1'\~Jo:-k.G --f.-~~ d '7"c~:}<~'3L/i D\~, CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8541 . (F) 940.349.7707 2()O - rl,-z Z /VOtfC0 -- ;J as/24/2B06 14:23 9403832623 DENTON DANCE CONSERV PAGE 01 NOTICE OF PUBLIC HEARING ZD6-0005 The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currently undeveloped. 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 cf the publiC h~aring. (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 betow or drop it off in- P'anning and Development Department 221 N~ Elm ST Denton. Texas 76201 Attn: Supriya ChewJe, Planner II These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is tnformed of the percent of responses in support and in Please circle one: In favor of request Reason f r Opposition: :r tr ~ -;-- -:d.r"d c ~ o~ +01'\. hd.- -atl'l _ e -{~~~~:;_?_~.~ ~f t .r:;e ~~+~ ~ ~ --t~-~p~?C~:~~-~~._..._. e)f ~ h6u~e k ':[.' do 0.0+ w;;i:: '.H'\~-l"'"'o~selc rlevdot>t2 rv\ <2 t\. -t-- . Signature: ~-' ~ 1; ~ Printed Name: -1- :~ d ~ a. <:- : rt "d..-, Mailing Address: /_bO' C o'~e J D~. City. State Zip: ~..... ~ ~ "x-. '-;l.b 'L 0 '-:f- , Telephone Number: q 40 ~:$ b ~~ 40 I t Physicat Address of Property within 200 feet: :;l,iOO Neutral to req uest ~osed to requ~ D~. CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8541 . (F) 940.349.7707 200' P&Z l,.jnUJ~;f:.~ ~/ / NOTICE OF. PUBLIC HEARING ZOG-OOOS The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006, to consider making a recommendation to City Counci~ regardrng a Detajled Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currently undeveroped. 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 . Joc~t~d at the bottom or mail rt to the address below or drop it off in- Planning and Development Department 221 N. Elm 51 Denton, Texas 76201 Attn: Supriya Chewle, Planner II 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 jn Mainng Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: rn favor of request Reason for Opposition: Please circle one: Neutral to request A~' * ~( CITY OF DENTON. TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8541 . (F) 940.349.7707 2()C/ P"-.\Z f\fctice c-;..;: _~J ,< 99404 a.s 3232 Une 1 ".. : ~ ... - 7-......:... :.JI-:-:-~.~.-=:::.._.:_"_ 07~48: 12 a.m. 05-23-2006 1 i1 NOTICE OF PUBLIC HEARING Z06-o005 The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006. to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PO~ 115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currently undeveloped. 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 beJow or drop it off in- Planning and Development Department 221 N. Elm 81 Denton, Texas 76201 Attn: Supriya Chewle, Planner II These fonns 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 Please circle one: _ In favor of request Neutral to request ~to ~ Reason for Opposition: . ~Cv-EQ&C. IV) +v-amc. r r{)~+-ig I Cv-rVIrJe: I 0 ~ at:- P--~vQCI I , Signature: ~~ ~ 7C, cr---.. Printed Name: L- j V1 c.f Cc. TV} OM/1S Mailing Address: 0l(D(.;l. c.o+-fe..'1 Dr.--. City, State Zip: 1)~~ T)( 7~d-07 Telephone Number: '1'fO - 'flo5- i.f-'H&,S- Physical Address of Property within 200 feet: ~to 1.,;1 Co~ b,..., CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, T~S 76201 · 940.349.8541 . (F}940.349.7701 200 ~ P&Z Notice r~~~~=:~61!F.iJS1~~~~:[@'~t[==::~~::~~:=...":~::~==~".",:=-<<,q~~=~=~~:::.=~=='::==:=~:l~n From: To: Date: Subject: "Rhonda Rodriguez" <art. rhonda@charter.net> 5/22/2006 g:16~13 PM King's Ridge Estate Dear Developer, My name is Rhonda Rodriguez and I am writing in regard to the planned development of King's Ridge Estate. I am an 8 year veteran of the US Navy and u pan discharge r used my military benefits to retu rn to college for a higher education. Last May J graduated with my masters from Texas Woman's University and in August was employed by Denton ISO. rn September my family and f moved into our dreamhouse on 3109 Westgate Dr. As you can imagjnel tt saddens us deepfy to now Jearn that our quaint, secure nejghborhood will now be open to a massive housing development. We have 3 children at home and we so enjoy taking bike rides and walks with our pet around the neighborhood, Opening the new neighborhood into Westgate would significantly change our quality of life and peace of mind. Of equal concern is the Jocation of the school and the traffic it wilJ create with buses and parent pick-u pfd rop off. r am u nsu re of whether 0 r not there ;s a plan for th is foreseea ble probJem. We strongly encourage you to consider our concerns and we plead with you to plan to keep Westgate Drive closed to the new development wjth no entry points to the 1-35 access road, We have worked so hard and sacrificed greatly to have the comfort of the peaceful neighborhood that we now enjoy. Your consideration of this matter is deeply appreciated, Kind Regards, Arthur and Rhonda Rodriguez }C; lUAl-Lj-LUUol.TVh....t V~,!31 p, DDL/DD 1 NOTICE OF PUBLIC HEARING Z06-0005 The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24. 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest comer of Bonnie Brae Street and Elm Street, east of Interstate 3S (see location map below). The property is currently undeveloped. The pUblic hearing wfll start at 6:30 p.m. in the City Council Chambers of City Hal/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 !ocated__a~tt)e Q-t?ttOI!l ~ ~~i1 it to the address below or drop it off in- ..; ~ .. .. . _. ~.... . - ~ . - . - . ... -. , .....- - - .. .. - . ~ ," ....- Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn= Supriya Chewle, Planner II These forms are used to calculate the percentage of Jandowners that support and Oppose the request. The Commission is informed of the percent of responses in support and in Signature: Printed Name. ' Mailing Address: City t State Zip: Telephone Number: ( q ~) C(~ ~ - J 7 /5 Physical Address of Property within 200 feet: =3 I oq , ~l s-t~(}.k. br. In favor of request Reason for Opposi ion: , Please circle one: Neutral to request 200' P&Z Notice CITY OF DENTON. TexAS CITy HALL WeST · DENTON. TExAs 76201 . 940.349.8541 . (F) 940.349.7707 -- ~5/22/2005 23:42 940-369-8763 "JNT JRCM PAGE 02i02 NOTICE OF PUBLIC HEARING Detail Plan (ZD6-0005) The City of Denton Planning and Zoning Commission wilt hold a public hearing on Wednesday. May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development J 15 (po. 115) zoning district for approximately 230 acres. The subject propeny is located at the southwest comer of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currently undeveloped. A variance re2,rdinl!, eonnection ofWeswfte Drive ~ Wes1eat~ Street is ceauestefj. The public hearing will start at 6:30 p.m. in the City CounciJ Cbambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (20()) feel of the su~iec.t properly, the Planning and Zoning Commission would like to heal' how you feel about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this fonn wi1h your comments prior to the dare of the public hearing. (This in no way prohibits you from a/tending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 211 N. Elm ST Denton, Texas. 76201 Attn: Supriya Chewlet 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. Please circle one: . ~ rn favor of request Neutral to request ~d ~~u~ CommEnts: OJ?POSEDTO: OPEtnNC; OF N.)Rll-I END OF WES'l'GATE DR. TO I - 35 SERVICE ROAD OPFOSEDTO AJ.WOTHER STERr' IN l"l"ES'mATE PARK OPENING 'IO 1-35 SERV. ROAD OPPOsEDro PRE'.SENr lOCATION OF SCHQ)L SITE ~POSED 'I? ~ wrs ACROss FID.i OUR 1 A.CRE wrs ON WE8'.rGATE DRIVE Signature:. /1 ~ '/'/1 ~. --6 4 ~UJ [ Printed Name: Tony D.. and Maria - G. uebel; r~ II rANi s Mailing Address:.3101 t~c:r9"'rp Dr. City, State - Zip: --.l)pnr~, I'M( 7h1n7 Telephone Number: 9'40-3137-1 %.:1 Physical Address QfProperty within 200 feet: 1;1 A] ,~+-gat-e Dr-Denton, TX 76207 rom: BEFoRE 'lms DEVErDPMENT TAREs PT-ACE WES'mATE DRIME NEEDs ro BE IMPRJVED ON BOTH SIDE OF 'mE SREPIr, DRAINAGE DI'ICH NEEDs 'It) BE WlERED. OProsEDTO A.W MJRE NEt'\? STREEI'S OPENING ONro v-l'ESTGi\TE DR. 200. nO!iG:/7 lor Z(;6~(In05 CITY OF DENTON. TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7107 I rj a Chewle - 0 osition To PD115 - Z05-0031 Pa e 1 From: To: Date: Subject: l'Waltersl Andy" <andy.waJters@Jmco.com> <su prrya. chewle@cjtyofdenton. co m> 5/23/2006 5:23: 17 PM Opposition To PD115 - 205-0031 > I recently received a certified letter of Notice Of Public Hearing > regarding PO 115 - Z06-Q05 for a hearing on May 241 2006 to consider > making a recommendatfon to the City Council regarding a Detailed pran > for Planned Development 115 (PD-115) zoning district for approximately > 230 acres. The subject property 1S rocated at the southwest corner of > Bonnre Brae Street and Elem Streetl east of Interstate 35. The > receipt of the letter was defayed due to my not being at home when the > Postman came1 and due to the fact that J tried for several days > unsuccessfully to find any information regarding the Jetter or the > deveropment on the City of Denton website. > > Since I wiJl not be able to mail my reply to the certified Jetter in > time for the meetrng on May 24th, I am sending this email to notify > you of my opposition to the development request, and I am also faxing > you a shorter versjon of my reasons for befng opposed to the > deveJopment. > > The reasons for my oppositfon are as foHows~ > > 1. J am opposed to any multi-family housjng construction on the > subject 230 acre tract being discussed. > 2, I am opposed to the construction of any retaif or > manufacturrng on the 230 acre tract bejng djscussed. > 3. The homeowners currentry Jive in a quret nefghborhood~ and an > additionaf 600 plus homes in the Bonnre Braer Windsor and Westgate > development area wHr > destroy the quiet and safe neighborhood that we aU now > enjoy. > 4. Increased crime due to additjonal homes, muJti-famify > housing~ retail businesses, and muJtiple access pojnts into the > neighborhood > 5. Increased traffic wm hinder the safety of walkers, bikers, > chHdrenJ and pets > 6, We wilt no longer have a quiet and safe nejghborhood > 7. AdditionaJ homes7 m ultr-famny housi ng 1 and retaiJ > establishments wjJJ decrease the value of our property. > 8. The streets in 0 u r a rea are nejg h borhood streets designed for > loW voJume traffjc, they win not handle the constructIon traffic or > th e traffic from 600 plus > addrtjonaJ families, multi-famiry housingl and retafl > estabfishments, > 9. Exjsting roadways wilJ have to be reworked and new ones > built~ further disrupting our Jives and increasing our tax burdens and > the need for cjty servjces. > 10, I ncreased noise levels, construction traffjc~ and > construction workers into and out of our nerghborhood for months or > even years will disrupt our famrries lives. > > prease deny the request to devefop this tract of land. Listen to the > homeowners and taxpayers in the current neighborhood and forget the > increased taxes and doJlar signs that are a!ways attached to ,~ ~. ~- - rf a Chew'e ~ 0 osjtion To PO 115 - 205-0031 Pa e2. > development. In the long run it will cost more in city services, > increased crime and drive current homeowners to sell their homes and > move out of the city. > > I was born in Denton and have Hved in Denton for 63 years. I had to > sell my former home of 20 years last fall and move to my current > address to get away from the noise and increased traffic due to the > University of North Texas taking over our neighborhood. As usual, the > City of Denton was right behind the college, and paid no attention to > the homeowners and taxpayers who have built and make this city what it > is. The Denton City Council has historically never listened to the > homeowners and taxpayers in such matters. Please don't let this happen > again. > > My current neighborhood is quiet, peaceful and has a rural and low > volume characteristics - please keep it this way so that I don't have > to seH my home and move aga;n. > > Sincerely, > > Wirriam A. Walters > 2529 Coffey Dr. > Denton, TX 76207 > 940-383-0467 .i Ma~ 24 06 OS:10a Denton Re~ional 9403844706 p.. 1 NonCE OF PUBLIC HEARING Z06..0005 The City of Denton Planning and Zoning Commission will hold a pUblic hearing on Wednesday, May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property '8 currently undeveloped. The pUblic hearing will start at 6:30 p.m. in the City Council Chambers of City Hall rocated 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- -........- -- . .... -....------...... - ---- .. -- - -~---_........- ('" Planning and Development Department (\ 221 N. Elm ST Denton, Texas 76201 Attn: Supriya ChewleJ Planner II 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 Please circle one: In favor of request Neutral to request ~sed to re~ Reason for OPPOSition: VLe..sZ ti-n[E .5"H (; f( l. tl B.E. A/:.Ldw.; G 0; 70 In.flllI/T A I IV r[ 's; tev..lZ~ L '" L,"W c.Jc t-U-"ha t l' ~UI e"....1 e letS:T<" Pr. If I 44'J fD3-' (/.f') <: i 7-t /I e r. i l./ n. /JC c? . f>E u L l.oP 1nL-l.JT a:,;.~~ .r P IJ:::'~ ~ "tf.l-1l,.,..- fi) w.!':S";~'[ ~ Ai! hlGu(" ;:J T ~ K t5-u 57 fi!E ET "1~ ~ h ( W g:11f" e e. 'f ~ Fto..., il:i:( we ILJ ,., Br;, l.."P".. e~ p ~.iJIlJ~ to. ,Uj LJ.'1 e. H " P t: AJ W'J(; W fi.'i 61ff 6" : ~dlSe ! ftnffl r. ~C€::.(,"G' ~l 1.-4' I~~S~-W{'A bvUL ',:50 ~w tJO(YIt!'Sj Signature~~ 9 ~/~ t({OJ V )j~ Printed Name: Ru.. r I-t -.T. H u. L.. S ..l L f f2 0 'tl.l. 1-/ c.. l S Mailing Address: :.? .> I 3 C 0 f f e -+ Dr. City, State Zip: b E"NTa 1J , or);. '7 t. ;( () 7 Telephone Number: t ~ io) 5 l.K' - J '-f ~ 7. Physical Address of Property within 200 feet: :J 5 I .3 C 0 f.p e. -f b I'" . t:J e.. n "I Q ~'"\ J 7Y-.. ?" .;J." I CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 200' pgZ Notice --.-- ~ .-....- (~ f r,\ : -...J I.IH Y-l :'5-20.06 07: 55 PM WILL I AM REED 9403832612 POle! NonCE OF PUBLIC HEARING Z06-000S The City of Denton Planning and Zoning Commission win hold a public hearing on Wednesday, May 24, 20067 to consIder making a recommendation to Ci1y Council regarding a DetaUed Plan for Planned Development 115 (PD..115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street east of Interstate 35 (see location map below). The property ~s currently undeveioped~ The public hearing will start at 6;30 p.m, in the City Council Chambers of City Hall located at 215 E~ McKinney Street. Dentonp Texas. Because you own property within two hundred (200) f99t of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this request and ;nvites 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 pubJJc hearing. (This In no way prohibits you from attending and participating In the public hearing.) You may fax it to the number located at t~e bottpm or ~~Il it t,o t,he address below or drop it~ff in- _ ~) 117 (0(" i..'/Jlu P'.-vt// j..-?11 ,;A. VVL/j' j.f )r'/V;;V\E/C:-. 'l.'c.hx -~~,_~</. \ Planning and Development Department 221 N., Elm ST Denton, Texas 76201 Attn: Suprlya Chewt., Planner II 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 In favor of request Reason for Opposition: Plea8e elrcle one: Neutral to request ~~sed ~ {LJ~ L't.f. jt6f Is:e.., I~~~~ er ~kf'4 6; 1t,s R;')J~f:~ , J .. ..-.._ k_~__". --'"' ,...... __'" Signature: aJd4--~~ Printed Name: /U.lit~~;2 R~ Mailing Addr~ss: ~~dS- ~~ ~~; City, State ZIP:, __....L _ ~ L Telephone Number: 9Yt5- 313.- Z'(2.. ,?]7 +0.3 ~~ (~IC; 83 Physical Address of Property within 200 feet: Z 5~.s- c.~ ~r: CITY OF DENTON~ TEXAS CITY HALL WEST · DENTON. TEXAS 76201 · 940.349.8541 . (F) 940.349.1707 200' P.s'.Z Nou(;;;.' ;iL~L.. NOTICE OF PUBLIC HEARING ZOG-OOOS The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below)~ The property is currently undeveJoped. 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- ." -r;:, i 0 ((- Gf.,....LiL/j) ~< j--df/f . A ~rvt...-ff ,i-c' ~+ . "Y'":v'\' Lt;~, - ~f{'NS.--( ..I: v..Jf~,~^^' ,,:.:tU:/i-;';.' '.~' I ~-' f - ----.J - . v \ ..........- 'f j J U ~ Planning and Development Department 221 N~ Elm 51 Denton, Texas 76201 Attn: Supriya Chewle, Planner II 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 Please circle one: p~ In favor of reauest . Neutral to request Opposed to ~ ~... ReaSon rorAJ,PPoslIlon:.. " ,. '. . ,d-- {j - . ~ .-J- ~/ -J~' ~ /VIi./.f'-:;f1:~ 1. A" . tV 4/V~~~Y~'v j;J /h ". r,.e.-/ t.tj M~d .' L/ j . - - -". -.... - -- - ....- - - - -.-. -.- Mailing Address: PO Box 336 CitYI State Zip: Denton. TX 76202-0336 Telephone Number: 940-387 -8711 Physical Address of Property within 200 feet: aEproximately 60 acres along the East side of Bonnie Brae~ between Windsor and Riney. CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349.8541 . (F) 940.349.7707 Signature: vJl~ t!~~ Printed Name: Philip 'A. Baker, Vice-President of The Rayzor Company, general partner of Rayzor Investments, Ltd. 200: P&Z f'vot/ce - ~~/16f2006 08;01 . 9~~~~~ 932 CE~-~TUR\I '") 1 JUD-' . I ~ bEFITF PAGE 01/01 The City of Denton Planning and Zoning Commission will hold a publiC hearing on Wednesday t May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD.115) zoning district for approximately 230 acres. The sub1ect property Is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currentlY undeveloped. The pubUc hearing win 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 it/vires 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- Si ~7/2D (! b _ (A il ED.&: L E.' f T 1'\ l\'I f SS A &.:E TC pRC \j iDE r.'\. G iZE: i K fDpj'v'cAT U:>N . NOTICE OF PUBLIC HEARING Z06-0005 Signature: U~ ~ .-'r Pri~~ed Name: _D-e.bYa. ~.hn. tvL I ~.1 ~z.eJ K. k~: I A - A Mailing Address: ~[))}' .bOYJ ---~ ~ City, Slate Zip: U.fM~ II f{J1r?f;; ~~~ Rn~ 1 ~ Telephone Number: 4 ~ 7~ 9 Physical Address of Pr . . It 0 · "5 9 'h 'lOtS .3 operty Wlth,n 200 feet: CITY OF DENTON TEX 200' PJ,Z Noiict' ' ~S CITY HAll WEST · 0 " ENTON T~ , " " " ." ~ cAAS 76201 · 94 " ." " O~349.BS41 · (F ) 940.349.7707 P\anning and Development Department 221 N~ Elm ST Denton, Texas 16201 Attn: Suprlya Chewte, Planner II :::::s~~~: ~~~~~:~o~Oi:~~f:~~~ ~~~h~epr:~~et~tgoef Oef landow~ers that support and oppose the f sponses In support and ~n Please circle one: Neutral to request In favor of request Reason for Opposition: FRO,..1 : STERL I NG HOUSE ON THE PARVlJA\' FA?\ no ~ ; 9405661360 Ma~4 19 2006 01:20PM Pi NOTICE OF PUBLIC HEARING l06-0005 The City of Denton Planning and Zoning Commission witl hold a public hearing on WednesdaYJ May 24~ 20061 to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximate~y 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map beJow)~ The property ~s currently undeveloped~ The public hearing will start at 6:30 p~m. in the City Councif Chambers of City Half located at 215 E. McKinney Street, Dentont Texas. Because you own properly 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 partic;pating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop ~t off in- - ~.. - -.---.-. ." ,.-. .. .. . ....,-.... I -" . - ."_ .....---.-.. .~ -... '. _ . . Planning and Development Departmont 221 N. Elm ST Denton, Texas 76201 Att": Supriya Chewle, Planner II 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 In favor of request Reason for Opposition: Please circle one; ,.,.::......'. ~.. ... - ..: .. .-.' Neutral to request ,';' Opposed to request '\, \,...:. "\::.: c. .. .. ........ ~ ~ f'.... .",..... I........ I........... \ ~~ - ~ \ . ,/ "'-oJ ",-_m . " , "-- J .\.....'i~'.". C~.'.~ l \. l,~. ~<C\ \\~>~.~~~ (( t ,C ~ ~ ~C-l\\ .,.\ .-t\r, -\.' t\ '. Q J.., r' \) bt'.V \y ,r tf...-/ tE--"-/c j ~ i" I ~ .~..) f~.\t ut, t)(. ,.-I ....~+.._................,._.. ~--- ~ I.-"'__~- -- _-__ ........... ._. I .._. (' .-.-..) Signature:.,. "~;ll(..Jt:. ) 0' L{./("c'C~i/~-t,j/l Printed Name;//0t:t-.S.I-:J/"Iu: {c.1cc/l"C1 t{(< M -I' Add ' :;'7" ""1/. / ~ IY r.. -4.. r. ."1 {..~,. ~ a, Ing'~ess: '--> "+. (,u ...~ j'1( ~t'\._ __'...n L./ . "';:-0.,. f City, State Zip: .,L)f' it l.c. 1\ j TY. 7 Ii. :..? c' . 7 Telephone Number: (;; q c' 5 !.-: k r ': ('" 7 .7)---' Ph ~ I d f P .- r:' /:,., i~' "<' ~ .1" u-t? YSJca Ad ress 0 roperty within 200 feet ..~=-_.'''~ t- il~. (l "~ ~ ~ ,/.J. v .-.....-1 CITY OF DENTON. TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8541 . (F) 940.349,7707 .20(1' F'~ Z /\joU\x~ (; ~ / NOTICE OF PUBLIC HEARING ZOG-OOOS The City of Denton Planning and Zoning Commission will hold a public hearing on Wednesday, May 24, 2006, to consider making a recommendation to City Council regarding a Detailed Plan for Planned Development 115 (PD-115) zoning district for approximately 230 acres. The subject property is located at the southwest corner of Bonnie Brae Street and Elm Street, east of Interstate 35 (see location map below). The property is currently undeveroped. 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 parlieipating 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- --. -.- - --... Planning and Development Department 221 N~ Elm ST Denton, Texas 76201 Attn: Supriya Chewle, Planner II 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 Please circle one: In favor of request Reason for Opposition: ~-<i:Vl/ t.d.j' 11~/M4~n Qu'! Pn20z-vrL'V ,;!lad t!?d (./5 J-las n'f:df:v'" 6$.&b9 /'Z;.f{//t/id frJ a;LtI' "'::l.r;<;'.f'LL:_-r,~':. A H,',/J (/YIC.fm df' Tyf'//'-~i; --;;'a.-r~/J;Y ~~.r72;i1. lA/~/J_ /~HF/:l1~{) /4lJ4&L be. /h*- ()ol;t- /.lC4;'~Td~ .~/:~~::' ~~~ tPr,,? ,E/,') .2."'7-,) II.c. i:::, /.i I -r h 7 ~ /tpri-t"V (:;t;J; t. i..) i-):~ L /' __' (J; _ _ vJ .~. _< ./ '-Li.i.trcitt); ,"} i --~/YJ1.k~ (3:0.'11' t.h;*-j2/"~';-z:~ d,&;I ;[;-;. 6.z-~'H5), L'1 h T '~h~;~a~ ~:&tI 4~tFJ~ (::1 !~~/.r5. ~h~>,.4- IL/; If r~,~u;k ~~;l~:~:3 iv1~5:~:~ c~ov~ J-4.t.'lJ / _ ~,< ~ OOiL04'/ Ie; Ih~ J'!i.<<.sT Tt?~; ___1._ _E __'___ Neutrar to request ~ed to r~uv Signature: ;?... {'~~< ,~/7.:T:M J Printed Name: II. t:..'v--/ C 1- /~ /J f vT~.-1 w Mailing Address: .~/ '5"". .1L.. Eg'-(JA i. <~ LSv-d g City, State Zip: p<..,/lU/I .rA::':.. '762cJ/ / '" Telephone Number: 7+61 :S.,h6 -IQ;Z / Physical Address of Property withIn 200 feet: 30{5 N (1,'; '1 /l/{ /3//1% D tt."a 7:?:-?~ T,.k'; ~ JOG' p &2 /\fctfce CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 940.349,8541 . (F) 940.349.7707 -- Planning and Zoning Commission Meeting 24 May 2006 Good evening. I'm Dr. Bob McWilliams, a resident of the Westgate community area. Prior to retiring last year, I have spent more than 40 years living in high stress environments while working in law enforcement, urban planning, and national security, all the time teaching in those areas. Thus I strongly value a secure, well planned community. When we found our new home and moved to the Westgate area last fall, we were ecstatic. It seemed to meet our needs for a relaxed, safe country envi ron ment. Shortly after moving here, we discovered that Planning and Zoning is pursuing a course of action that is contrary to our goals, the objections of and agreements of the Westgate community, the developer, and the Council as a whole (1993). By Ordnance 03-1 08 the City closed Westgate to direct access to Northbound 1-35 to keep "the rural and low volume characteristics of Westgate." In the past five years, Westgate has had virtually no crime. We strongly oppose the P&Z. proposal and any other similar proposals. Direct, high speed access to major streets and freeways have been demonstrated time and again to increase major crime. Other concerns include: noise abatement, light pollution, solid brick construction, and maintenance of a country atmosphere. Lastly, the City needs to carefully consider the safety the proposed development of a school on a significant flood plain, one with a history of actually flooding. Thank you for your consideration. Dr. Bob McWilliams - rnmcwilliams@Qoogle.com - (940)206-0789 . - , ~ r, . ,~ ~ I.....--' [[~EiflY~:fli~~li~gr6ili]I~g~~:g~l~!~"_~~-:""~~M:"":-::::-~:::----,:~-::"-~:rlm:_::-::_:_:-_-:-:-:n::-:,,:--:-.:::-_-'--:'::~m:::-:-~_.-::__::_:-:_~::::.::_:-::_:~~::::_,:::~n:-"::_::=_::"::'::::::':::":::::_::::_:_n-::-::=}>~1:l From: To: Date: Subject: Karen Smith <karensmith 13@yahoo.com> <8 u priya. C hewle@cityofd ento n. com> 5/22/2006 8:41 ~32 AM Kings Ridge Estates Supriyal Thank you for aff your assistance over the past week. r wou rd like to note my opposition in writi ng on any plan that aJ lows add ltiona I entry into au r neighborhood. Our community is quite and safe, and we like to keep it that way. City Council agreed with USl by closjng Westgate in 1993 to keep our community tlrural". flJJ see you Wednesday at the P & Z meeting, Regards, Karen Smith 3101 Darby Lane New Yahoo~ Messenger with Voice. CaJJ regufar phones from your PC and save brg. cc: <jack, thomson@cityofdenton.com> .~~ "..~ ~,L1 ATTACHMENT 4 Ph Ot05 7 '" ATTACHMENT 5 - DETAILED PLAN OWNER: '8 INTERMANDECO ~ 1401 BURNHAM DRIVE PLANa, TX 75093 PH 972-964-9050 FAX 972-964-0131 g" 6 ATTN.: CARY COBB OVERALL SITE PLAN PD-115 Z06-0005 C3 BROCKETTE · DAVIS · DRAKE, INC. C::>C::>conaulting engineers Civil & Structural Engineering. Surveying 4144 North Centr~I21E4~':;:';::~ .s~~~ ~~~~ 8~~:~:s, Texas 75204 KING'S RIDGE EST A TES CITY OF DENTON, TEXAS WESTGA E F/ARK G SUBDI ISIGN V 0; SF 16 1-- I~ o ~ "U "U o 0 0 0 "0 "0 "0 "0 o 0 0 0 (J) (J) (I) CJ) (I) (I) (I) (I) Q. Q. Q. Q. (f) (f) o 0 ! ! (f) (f) (I) (I) ~ ~ (I) (I) r a r -c:o 0 C;;>~~~~~ ~U)~~~~ ~r- ~-a~ ~o (]1U) am II II II CD !'lO II II N~(]1- VIe Nz!'l~VI"" N.~ ~~~~~~ .~ .~ N CXl: rar-t::oo amllllllCD II II N~"",,- NU)OlVl-..j.... !'l m0.l~a &l. ~ 10. (]1. 8. ~ ~ ~ ""': ~ h@!jIIr~~ ~~~~~:: ~~~u_~_~ """: ::E I I I I ~Ih ~ ~ I !I ~I I (]1 VI ::E ~. g ::E ~. .S: s: fTl" aJ :::Oc Q-j ^ )>C ~ -; ,:::0 -; ""'-fTl ~ 0 ~ CXl ~ """ ~ N .0 .0 s: s: aJ fTl r :::0" ^ OC (/) ); ~ (/) r:::o ""'-fTl ~ ~ "!. \ ~ _ _~...f!!Qf.OSED 10" ww- _ ~ ~(j)~ ~-o NO I I I I ~ ~ j ~n ~~ ~ ~ ~ l " aJ s:C ^ ,,-j IC 8 ~fg "tI> ::tiC 0<- ~~ dd ~~ ::Eo ~~ $~ ~lD ~r'l r'lO >0 oz :1:-1 > zz ~~ Sl~ I~ ~i ['1~ (f) ~ ~. N o. c ~ ~ rar-t::o C;;>~~~&~ ~z~?l~~ ~ ~ ~~.8.~ . 10 (]1 ~ ~ (]1 VI .0 . 0 s: ~ ~ ~~ :g Zfg ~ ~ II "1. ~ ~ ~U) 8.9 o ~ ::E BONNIE B ~E (PROPOSED 100' R.O.W.) PR~EO 12" WL ~~~ ~(ji -------- ~~ e g OWNER: INTERMANDECO 1401 BURNHAM DRIVE PLANa, TX 75093 PH 972-964-9050 FAX 972-964-0131 ATTN.: CARY COBB PLANNED DEVELOPMENT DETAILED PLAN PD-115 Z06-0005 C3 BROCKETTE · DAVIS · DRAKE, INC. C:::>C:::>consulting engineers Civil & Structural Engineering . Surveying 4144 North Centr~12;:~:S:;':~ .s~~~ ~~~~ 8~~:~:s, Texas 75204 KING'S RIDGE EST A TES CITY OF DENTON, TEXAS s.. ; I"'" ~~ I.......... ~~~ L ~.~ I ~~~ (~ ~ I ~~ 1~=5\;J~'i~\ ~ I ~~ ~~ ~;: "-I ~qJ ~ IP?O ~~?= I ~~-1j)- ~~~~ ~: / v h fA....... -1u-?, / ~ II' ;~~f< .. : $f I I d ;:'~'~ j' I rr- ,1 ';#! :wo, \ ~~'" -r-I ,1/i!n:1~;~\1 ~ CI ~ ~~I -1-J~ I I{~~ ~ ~ ~ I t; ~ ~ \ ~ ",~'i' ~::O: 8" w:: ~}~~~!+4I,--r ~ rl ~ - r i~.I; ~ ~ t;1 ~ ~ ; I ~ I: ^I I -r- I ~ I "I ' ~ ~~~)>~I!6--+- j I II I ~ ,0 """ G) ~I 0 3: all G) I ~ I>>J ~ <2 -~~I~I~; I l'\ IQ il!i 5 I ~ I I \' \ J \, .J I! ~~ r-----t- ~ ~ I ~ .1 f~ \ 2S B G SElBACK --- ~ /~. . ;~ ~ I I I \ \~' ~8LD:SETEACKJ H- -- ~ ~~ ~: ~~= m ~ m L. ~CK~ - ~ETE~)f' ~ ~~?t~~ ~J-- 0, ~.....,'Itl" ~-""""'-'~~r~. _r.t ~ 1 I-~ -"II PROPOSED 509 R.D.W~ 03S0~; (e ~SETBAC I- - - t; ~;. ~I )> 'S' SET8ACK~ I I 25' BLDGSETE ~ - ~AC"l , --\..-- ~. I : ~I' _IT ll~ !! ~ ;------.~ i . L-! S OO'4jl'12" W 237.62.n ---Ln '!~ ~ r'l 5~,- ~ ~ I 0l(J1 ! I~;I' L ~8LD~TE ~ _ ! ~1! -r-- I ~ffi ---LI!6 ~ ~ G ~ '" -~ I ~RWOSED 8" ww- BARON DRIVE I ~ ~ --+ I . PROPOSED 8' \It P~OPOSED 50' R:O.w:)Ii I~ ., '00 ('Tl Ii -th I. --. ,~'~~J 'IrI= ~i i P ---r-~~I! !~ti~ ~ ~i- L ~ ~ ~~.., ~ I g~~,1 ~ I ~ ~0SEIl DUKE DRIVE t '~RCP _ ~ u, ~ OJ I I ~ PROPOSED 50 R.O.W. 8 WW ~ II~ ---U ~ ~ - ~ - "~~il I /.~.~.~ ~_ u, '" I ~~ I~ ~ ~ f--- ~ I gQ~ ~c:; ----L:" U ; " , 1 ; ~ ~ +-- ~ ~ I; ; I~ r---r ~ ~ I~ ~ ^' ~L -"~."- - ~ I. ii > O!.~~ ~OP~E~ _ ""'" --"" v,=---=-= s:: \ 'l> -PRa'OSED 8" _ '('PROPOSED 50' R.O.W.)- I ~~-< ~ :o~ ~ - ~ I '20' ALLEY ) ; ~ ,,~ I - 2S 8LDGSErnA K -1 ~ )>~ . ~ ,"~8~E~ I "---'1 PROPOSED 8" ww N 00'{8'10" E 246.80' l~. (PROP. R~ ~.~~.~~I;~~O~[, 5 5 ~ ~ ~-- EX RO;r ~/ ~ ~ =>0 (.NO J> ;:0 n :r: ill \J J> -< Z fTl ------WCC'Tr::: TC C'TnrrT - ~ I I __ .. PIlmlQSED .8.-4- I \ L(PR~ 25' o.D.W D~'CA~ON~='~:~i,:: 1'1 ~ \~~~ ~ ~ ~ ill! !!I'! ~" !I, I ~~" m ~~ ( \\ ~5J! ~~ ~~ II ~~c ~I ~: y ~~ ,,' ~~~'<1: HM'1 '~ Q ~~~5 ;'"r ~ ~ G) ~ ~ l>~ ~ ~ ~ ~ ~~ - (J))> (,J'-J OJ(J)~~ o r'l-i ~ (J)[T] G) o I '--..) )> ,PROPOSED 8 . ww 0'"''' .11 C" i=lR 11 ~ (PRnpnc::m'1nn' R n w OWNER: e "' INTERMANDECO g 1401 BURNHAM DRIVE PLANa, TX 75093 -f- PH 972-964-9050 ~ FAX 972-964-0131 s.. ATTN.: CARY COBB PLANNED DEVELOPMENT DETAILED PLAN PD-115 Z06-0005 1"=100' :::: I. --.j WILLlA~ THOMAS HALL o ~ -EX 6" SAN~WR-l 1- --.j @ ~ -1 X J> (j) WESTGATE PARK N SUBDIVISION N SF e-16 < r= Oc..... c: ~~ig~~ zgtn ~ .~ '5: ::;;:;: ~ =CN ~. ~ 708.09 fl ~ - ,- - - - +- - - -'--- - - - - JC"~. TC"- CTi5'C 'T - -----:;- - - . . ~ ~ ;j ,-- ~ iE -I'- ~I'~~~'- r~---f:~'~ ---i'---~f.i~'~lFj~L- !---~I : WJ ~ \ T ..r ..1. OJ ~ 1 '11111111'111111,1 ~ 1 ~ \ \ ~ II -+ ~liilllllll.llllllii!11 I ~ I ~ L - - t - - t - ~~ ....._r - - "'\ / /. '- -"""'''' ~ - J" ! I---t-.. -_, ~ SOVEREIGNTY DRIVE M" I. ___....-=EET ~I I PROPOSED 8' \It PROPOSED 0' R.O.W. h)! \ (DOn< ..,<::." ..r' ',.,-w 30' H<O<A. PEDESm'AN ~ 1 I - '5"8LDO SEmAcK - l I "'-8LDG SETEACK I ( I I - ~ BLOGSErnACl- - l I I ~CCESSWAY I \! It;< NI 1 () I I 1 I I I ~ I ~ ~ i I~ ~I ~ ~ I I ~ 1.'lillll,llllli!II'111111 ~ I I ~ ~I ~I~ I~ ~I ~~ I I ~ ~~ I I ~ ~I t ~ I I ~ ~!~ ~~! ~ ~~g~ :1 '" I I I;E t ~ I I ~ ~ I~ I,.. :1 ~ ~ ~ i It;. ~;I ~ r----rr. I'"~ I;~ II'~ 'I'!i 0 I! ; ~ I ~lLW! ~ ;1, , .~~ !! J~ . II "BLO ^ ~ ! ~ I k I I t.Yo.~'<~ --XIf G Sf I m~ ~" ....::,;-----.L I~ 20 ALLEY l;! ~ - ~ - - 54'RcP- I ~ ~LO ~\ f 1m: ~ I T ~ ciP't,O-:::: ..:.----- ~PROP05Eo 8'1tW_ PROP~ __ ~ --- -J "!.! ~I 1 I I q c I ~ ~~ - - - - (PR:~~MOOi; DRivr- ~ ~CK JJ q L ~ ~SE~ _ ~ ~ I "1\01- e,p,e I ;;- ___ ~ 65 R.o.w,) J9'RCp- _ _ i ~ _ ~ _ _ L ./ _'- I g' "BLOG "'ACK ~ [ID~SfDI2'~ r . -::::,8:,:- \ n2D ALL ::: ti . ~I f "'Bi:DGs"B;;;- - ITn v Ey ..:: ~ ;E I~ CK 1 I r: ---,s' =-SE= - :1 I ~ :1 ~ ~LLEY ~ ~ ~ ~I I~ I~ ~I I~ I ___ _ I_~8LDGSE~ j ! I ~ I~ ^ 20'ALLn ~ ~ ~ i I!,u CRUSADE DRIVE ~ I I I ~ ~ I ~ 20' ALLEY 1 i]: I~ ~50'R.O.W. I I~ ~I~ I I I~~ \ -'58LoG~ACK l ~ ~ :; ~ ~~ ~ ~ I; OJ I~ tJ I~ OJ ~I I~ ~ \ ~ ~ ~ ,~ 0 ~n;1 ~ ~ I~ ^ I~ ~ I~ ^ gl ~ ~ \~ OJ g tJ -< I~ : 0, ~ I~ Z I~ s 1 ~ I~;o ~I 9 ~ I~ : ~ I ~ ~ I I ~! I~ I ~ ~ I^ ^ ~ i I I ~Il I I ~ ~ I I; I I ~ L ~BLD SETE~ ~ ~; L _ ~8LDG SETE~ _ ~ J I~ Ie? L ~8LDG SETE~ ~ 'I~ L ~8LDG SETE~ ~ q ~ =-~""- - - ~I;t~< ~"[ft~ ~ - ~l1'- -=PR'1lIllitll'1 w'IF- - + I I m:,,-w_ - ""~."i-i- ~~~- - ~~""'.H-='~ ~I : Ii I>> ~ OJ :1 ~I ~ ~ ; ~I I~ ~I I I L - - - - 1--2S~ -n - I- - - I- ~ - -I- - - l- ~ l I ~ ~i ~ ~ ~;I'i; p ~:ii Zl/) ~~ ii'i-<: ~ PillifoSED . ww- PROPOSED \It l~ ~ ~I ~I , ~ RIUMPH DRIVE (p~ npnc::.n ..n' R r 2S' 8LDGSETE ~ -1- .I~ I~ -1-11 - PROPOSED 8' WW- PROPOSED 8' WL ~1~~ ~ r ~tLD_! 1-; ~ ~ ~ i~ ~ 5 ;~~ k.ll \ S 00.1325 W 1448.49 JOHN UNN SMllH & DOROlHY ELAINE SMllH VOL. 1487, PAGE 74 R.P.R.D.C. T. 1 )> ~ a ~ ~ o 0 "tI)> III 0 1TI00Z ::tiC ;ac )>OITlO Oc:... a~ Q~~r.l s)> ~~ "tI1 1m )>1Il dd ;i;~ ~~ ~~ i :IE 0 ;r.l ~~ )>0 ~~i~ ..,;E ~~ ~f;i!l! ~F d~ !'l~ ;;l ;a m mill ~ITI ~~ ~ 10 ~ 18 ~ (j) ~ 18 Ul Ul ;:;: Ul Ul ~ ~ ~ ! fl o ;;:: [ ro N< WADE SURVEY A/1407 AR. BEAUMONT SURVEY Af31 =t= --r- C3 BROCKETTE · DAVIS · DRAKE, INC. C:::>C:::>consulting engineers Civil & Structural Engineering . Surveying 4144 North Centr~12;:~:S:;':~ .s~~~ ~~~~ 8~~:~:s, Texas 75204 KING'S RIDGE EST A TES CITY OF DENTON, TEXAS ~~ ~ ~ ~ ~ ~ ~ ~~ gg ~~ 0;0 i5 () ~-t )> 0~ 7-0" !ll !ll !ll!ll r ~ ." " . 3:: () i ...., ...., ~ ~ )> )> ...., (f) r !ll 0 (') !ll !ll !ll!ll z ~ ~ ~~ ::0 f'T1 ." ~ 0 ~ j S ~ .5 ~~ )> (f) ::0 (') ~ !!l ::0 f'T1 p ." pp f'T1 0 ~ S - ~~ Z 0 a - ~ "'T1 )> f'T1 lll~ ." q "lo III 5it;. r Z / ~"<:t r (') t lD" )>U) i f'T1 !ll~ !ll~ ~~ :OJ;! (f) q ~Iq ~I ~~ CUI ~~ ~ (') ." ." ." ~~ ::0 I~ I~ ~~ f'T1 /' Z:o -iC f'T1 ~~ OlD Z lDO !ll~ F~ ITIZ !li!ll )>c 0 q ~I Fo f'T1 ." ~~ ~E -t j I~ ~! ~ C~ )> ~ ~ r ~~ "=a ~ (f) (5 Z o~ ~ ~g:;~~~ i ~ i ~ ~ ~.~ ~~ f.~:~ ;~ CD= ~~ ;~ $D~ ~~ :~ :~ !~ ~t>> J[ "'~ I! ;~ ~~ ......:-:: 2.~" a: CD !~ ~g" ! ~ .!g_" lQ" .0 n < [~ ~[ " ~ ~ 0 ~ :'-IF'~~ \0'> ~ "'I~ ~ ~ U 8; ~ ~~ ~ ~.... ~ ~ 6lVl n 01= ~ ~ 0 ~ ~~ g ~i ~5~i~~~;~ n ~ ~ :~ ~ u ~ ~ ~ =~ ~ ~Ul ~ ~ ~ m i~ ~ 2~ = ~ ~ -l >~ ~ ~~ · -l ~ ~ ~ ii g ~~ ~ ~ ~ e ~: ~ ~~ i! ~ ~ ~-e 01 ~ ~ ~ ~ ~ i~ ~ ~I ~ ~ i! nO ~;17;9 ~ ; i ~ ~~ ~ ~~ ~ ~; ~i r ~ i ~ ~~ ~ ~ . ~~ ~ r- ~ ~ m~ ~~ ~~ I ro~ .I~. ~~ m~ i~ i~ ~_; l~ ~"~ l~ ~- ~~ ~~ IQ .".iIQ.l:-'" in i ~'"~ I! ~~ ill! II II ~[i ii ii ~~~ ~~i ~g-~ g~"~ TJ st ITI UlCbUl ~[~ ~m illl ili e g OWNER: INTERMANDECO 1401 BURNHAM DRIVE PLANO, TX 75093 PH 972-964-9050 FAX 972-964-0131 ATTN.: CARY COBB PLANNED DEVELOPMENT DETAILED PLAN PD-115 Z06-0005 C3 BROCKETTE · DAVIS · DRAKE, INC. C:::>C:::>consulting engineers Civil & Structural Engineering . Surveying 4144 North Centr~12;:~:S:;':~ .s~~~ ~~~~ 8~~:~:s, Texas 75204 c:.,.:) ~ '--I :;)" mo OCD)> - -i ;;o"Ul UlUl UlUl Ul"" ~ 9e-~ ~~~ N ~(iJm 'Ul UlUl ' CD CD UI ~~ S" S" ~~~ :; rom CD :3 c ~~ ~ ~ --< ~~ ~~ ~ ~ ;~~ o::>W )> -i ~~ ~~ ~~ ~~~ ~ Ul ~ O--J (J1 0::> 0::>0 woo ~i ~~ Cil~ ~ cr, 00 O--J~ ..j:::o.WOO ~f 0 ~ w ~~ ~oo ~~ 00 O~ i~ w ~B~ ~ffi ~~~ ~~ );~ ~~ ,,~ ~~ ....'2: ~r~~ n'" :i~i ~~ ~ ~; () rn- ITI~~ ~ 0 E ~ z () (f) ;0 6 rr1 I~ ~ fTl -i ~ ~.~ I~ rr1 ~ '." fTl ~ ,- d ~~ fTl ~ ~ ~ 0 -j rr1 ~ (5 :E a z )> E --.-b ~ r 1 ^ en ~ :::j "l. m ~~ ~.::::. 4" ~ 0 ~~ m ~~ ~~ < I;:1Q m ~~ ~~ r ~~ 0 ~~ I ""'0 ~~ 5'-0" USUAL :s;: ~~ 5'-0" ADJACENT TO m ~~ ~: CURB Z --l ~; j~ 0 :j :t> --l :t> AJ CN ~ ~1 ! lEa ~~ o ~~ i~ -u 2.; ~~ (to ~~ ~~ [~ i~ ~} q~ 2. ii" o~ ~: 2.<<> ~! [~ a 1~ :~ ~; ~i ~~ ~~~ -. M [~~.~ ,., o ~ ~ 0 i ~ gp. ~: ~} ~g H ~'~ =: o Cb ~ ~ ~;;:"l,," {!:;"" '" ~ ~~ ~~ ~~ ~!o ~Cii" ~~ :~ tf ~~ ~i, 1~" 2.; 5" 5" ~ ~ !~ 5" 5" !~~ s.~ ~"o ~.~ ;1 ~.~ l~ ..~ ~ ~.~ ao ~~ ~~ ~~ ~~ II- i.; ~: !Do 2.~ mg ~ i'~ ~ ~ '" .... 0 ffi. a 5.~ Ii 2. g ~i ~ N o o. Ob~~8~ I!il!! ni~ii fill! ~[[~~ ~s=JJ)~~ 2.~~oi' II!!! i!l!! g ~~ ~"~g ~ ,6' ~~ ~ 9~~ ~ [~ J. !~ 2. [~ ~ ~~" m .01 [[ m wfi I!il! !llil KING'S RIDGE EST A TES CITY OF DENTON, TEXAS 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 Con den selt TM Page 5 COMMISSIONER STRANGE: we will now move 1 into our public hearings. res our practice here to hear 2 the pub lie on any item that comes before us as a public 3 hearing item~ We do~ however, ask that if you do wish to 4 speak, that you would fill out a yellow card. They' re 5 availab Ie outside the door. Fill it out, indicate the 6 item you wish to speak on, and hand it in at the front. 7 So when it comes time, we will be going by the cards, and 8 if you don.t have a card~ you will not be able to speak. 9 First item tonight is Item No. 4 A, which is 10 a Detail Plan for a Planned Development District 115. 11 The property is located at the corner of Bonnie Brae and 12 Elm Street east of Interstate 35. Ms. Chewle. 13 MS. CHEWLE: Good evening, Conunissioners. 14 The applicant Brockette, Davis Drake from Dallas, Texas is 15 requesting an approval of a Detail Plan for Planned 16 Development District 115 on approximately 230 acres. The 1 7 subject site is located at the southwest intersection of 18 Bonnie Brae Street and Elm Street east of Interstate 35. 19 The development consists of mixed uses such 20 a single family, multi-family, commercial, open space and 21 school sites. The property is currently undeveloped. 22 The subject property was zoned as PO-liS in 23 March 1986. The subject site is designated neighborhood 24 centers and regional mixed use general land use 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 Page 6 designation. The adjacent zonings to the subject property 1 are to the north is PO-II5 and regional center commercial 2 downtown. To the south is neighborhood residential 2 and 3 neighborhood residential 3 . To the east is neighborhood 4 residential2~ neighborhood residential mixed use and 5 regional center commercial downtown, and to the west are 6 neighborhood residential 2 and PD-142. 7 A PO consists of a concept plan and a 8 Detail plan. A concept plan is the fIrst step in the 9 planned development process for larger or long-tenn 10 developments, which it identifies the land use types, 11 approximate thoroughfare locations and project boundaries. 12 A Detail Plan is a final step of the PD 13 process. It contains the details of the development for 14 the property~ A Detail plan as an amendment -- rm sorry. 15 A Detail Plan and an amendment to the concept plan for 16 this project were approved on January 2000. According to 17 Section 35-156 of the Code of Ordinances~ a Detail Plan is 18 valid for 24 months from the date of its approval. 19 A preliminary plat for the subject site was 20 applied for, 193 acres which was approved as well -- which 21 was approved and has expired as welL The Detail Plan was 22 approved on January 4 thj 2000, which expired on J an uary 4, 23 2002, therefore, a new Detail Plan was required prior to 24 platting the subject site for development. This new 25 PLANNING AND ZONING MINUTES MAY 24, 2006 Page 7 Detail Plan is similar -- similar to the Detail Plan approved in 2000 with minor changes to meet the current Development Code. I would like to clarify here that the notification that was sent out to the property owners within the 200 feet included a line that said that there was a variance requested for the connection of Westgate Street, whereas -- that was because staff was Wlaware of -- that there was an ordinance passed in '99, 1993, and I would like to thank Ms. Smith that she pointed out to me that there was an ordinance passed in 1993 which indefinitely closes the street, Westgate StTeet; which is why staff decided to pull the variance item off of the Agenda, and, therefore, it is not considered today, and the staff is not recommending that Westgate Street be open to meet Westgate Drive. This Detail Plan proposes 651 single family units with approximately five acres of open space. Those 651 single family units consist of 161 SF-5 single family zoning district which is 5,000 square feet lots and 448 7,000 square feet lots and 25 10,000 square feet lots and 1 7 16,000 square feet lots. There's also 12 acres of multi-family which is to the north of this development and approximately 23 acres of commercial and 19 acres of furore park. This-- the A is where the conunercial property is located and the Page 8 B is the multi-family zoning. This is where the school site and the park site is. Public notification information is provided in your backup. As of -- staff has received -- I'm sorry, 15 responses in opposition of this request within the 200 feet of the subject property. The proposed development as submitted is compatible with the concept pian and the surrounding land uses, and, therefore, staff reconunends approval of this Detail Plan. If YOll have any questions, r II take them now. COMMISSIONER STRANGE: Mr. Roy. COMMISSIONER ROY: I was with you until just a moment ago. Werre being asked to approve the Detail Plan? MS, CHEWLE: COrrect. COMMISSIONER ROY: And you say the Detail Plan is in compliance with the Concept Plan? MS. CHEWLE: COrrect. COMMISSIONER ROY~ NOW, tell me when the Concept Plan was approved. MS. CHEWLE: The Concept Plan was approved in 1986 and then there was an amendment in 2000 to it. COMMISSIONER ROY: okay. That's what I thought. TIle Concept Plan has expired? MS, CHEWLE~ NO. The Detail Plan bas Page 5 - Page 8 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 CondenseIt ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 expired. The Concept Plan -- 1 COMMISSIONER ROY: DOesn'1 expire? 2 MS. CHEWLE: It doesn't have an expire 3 da~. 4 COMMISSIONER ROY: okay. All right. That 5 explains it. Thank you. 6 COMMISSIONER STRANGE: AnY other questions 7 of staff? Thank you. We will now open the public 8 hearing. Is the applicant here and do they wish to speak? 9 MR. COBB: Good evening. My name is Cary 10 Cobb from 1401 Burnham Drive; Plano, Texas. I'm with 11 Braewood Partners. I have had the opportunity to be in on 12 this project from the very beginning when we purchased the 13 land in 1999. r m here to answer, obviously, any 14 questions that you may have, but 1'm also here to let you 15 know that -- yeah, you .ve got this zeroed in. I basically 16 have a before and after. And what we really did on this 17 project in right around the year 2000, we planned it 18 through Mesa Design. And we set forth with the intention 19 of going -- following through with development. 20 We first started with local builders and 21 then went to some of the other building clients that we 22 have. We do development in Frisco, PIano, San Antonio, 23 Austin~ and we've done projects here in Denton. We did 24 Ryan Ranch and a little bit south of there, Cypress Point 25 Page 10 in the City of Corinth. All of the cards didn't fit 1 together. Simply market forces back in 2000, we believe 2 that picture has changed at this time with some of the new 3 revelations that have occurred up in this area. We feel 4 ies promising. WeJve always felt this area is promising 5 to the City, and weJve -- we're going to do everything we 6 can to open up a new area for the city in an area I think 7 it t s sorely needed. Because you do have, obviously, 8 University of North Texas taking over the 11 plants. 9 You've got the new hospital to the south) beautiful 10 Catholic School do\VIl Bonnie Brae~ so we' re going to 11 proceed fOlWard. 12 In recertifying this plan, what we came to 13 staff and we said, f lIst, we want to bring this to current 14 Code. Second, we want to comply with all of the 15 cOlnmitments we've made to the City in the previous, the 16 previous approved detailed plan. We want to honor the 17 commitments we made to the neighborhood back with the 18 approval of the original detailed plan. And so, overall, 19 the project that you f re looking at here tonight is 20 extremely similar with what I think and I know staff 21 thinks are improvements to it. 22 For example, j list the connectivity aspect 23 which is very important, 11m hoping you can see the 24 detail, the year 2000 project is right here on top and 25 PLANNING AND ZONING MINUTES MAY 24, 2006 Page 11 what you have is basically -- I don'1 know, it's some number of lots. Let's call it 100. I know it r s short of that, but let's say it's 100 lots in this area on the north s ide of this collector. Right now the -- the City of Denton is stressing connectivity even" more, both for safety and welfare and the new plan right here has a stub street and has a stub street to the west here. So this actually has a total of four different ones. And this area is also -- if you can see right here is a 30-foot pedestrian eaSe1nent that will be dedicated and maintained by the BOA as well as this pocket park for this whole little up here. N9W ~ this is also a connectivity issue suggested by staff simply for residents, non driving neighborhood folks that want to go from this property to this property. So it also serves in the connectivity aspect. With respect to Westgate Street, the north/south here. Again, this is the new plan. The conunitments that were made back in 2000 were for this street here, not to connect~ And I was involved in all of those public hearings. And what I saw was the neighborhood wanting to really set themselves apart from any new improvements being built in their area, so they wanted to put a cul-de-sac here and not connect this with the east/west. And so that's, obviously, why we submitted it as such. I Page 12 also was unfamiliar with the actual ordinance that dealt with that. So we are fully conunitted to keep it the way if s shown here, And both through the conunents and mark-ups of the plan from engineering and planning, we are committing to build 90 percent in tenns of width of this road, and so you will have a curb and gutter on one side. I think all that's left is three feet, and I'll commit right now to work with the City to hopefully bring tills on -line when it. s constructed so these residents also have -- also have a fully improved street as well. If therers any other questions rm certainly here and available. COMMISSIONER STRA.NGE: Any questions of the applicant? Mr. Roy. COMMISSIONER ROY: Tell me some detail about your plan for the east/west connectivity. I can r t read the street name, King something and Westgate Drive. MR. COBB; sure, sure. In the beginning, you have the outlet mall, let r s just call that OMI and you actually bave -- COMMISSIONER ROY: EXcuse me~ You need to move that over just a little bit. MR. COBB: okay. If this is the outlet mall, you actually have a divided street .- a divided street here with a median and there's a barricade and Page 9 - Page 12 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 CondenseI t I'M 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 13 that's what exists today . We have discussed with the 1 owner of this property, the dedication of the right-of.way 2 to connect these two~ We wanted to make sure that that 3 was available and also, obviously ~ the City has planned 4 for that to happen. We would like that 10 happen. And so 5 the plan is from our property line to this point. We're 6 going to work with this other property owner, the owner of 7 this mall to get this road in~ 8 It behooves us, both for ease, both for 9 safety and the marketability of this project to be able to 10 have a quicker access to the site rather than down here on 11 Windsor down to the south. Right now Windsor -- I believe 12 it's Windsor Farms, it was put in and that extended 13 Windsor on over to 35. So right now you can go Windsor, 14 you can take that east to Westgate Street, go north and 15 youfd be able to ...- you'd be able to come up right here 16 and connect and go in that way. 17 But I think for overall the marketability 18 of this project has to bave this road as well. Does that 19 answer your question. 20 COMMISSIONER ROY: SO there is a 21 connectivity into your property from Westgate Street? I 22 think I see it now. We were not given decent drawings. 23 They were just -- all I have is a little scrunched up 8 24 and a half. So please -- 25 Page 14 MR. COBB: Yeah, I'm sorry. COMMISSIONER ROY: -- help me with the connectivity . MR. COBR Here is Westgate Street. COMMISSIONER ROY: Yes. MR. COBB~ n stops right here. Okay. And that protects the quiet peace and enjoyment of these folks that live right here. This road is due to hit Bonnie Brae in two different areas. And it will travel off to the west, albeit my property stops here, we're going to be sure and make provisions to get it from here to where it currently exists just south of the outlet mall. So all you have is this span right here that's going to be missing. And we're working with this property owner and the owner of the mall to get that -- to get that road in. COMMISSIONER ROY: okay. But other connectivity is to Westgate Street. MR. COBB~ oh, okay. COMMISSIONER ROY: There's a couple more? MR COBB: yeah, you have two connections to Westgate Street proper. You have this one is F1adger and this one is called King Richard. Now, that was -- both of these were on the original plan as well. None of that -- sorry about that. Right now you have these two and they. re in exactly the same place as they were 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 MAY 24, 2006 Page ]5 previously. We didn't make any changes with respect to that There are no other p lans. Now, the actual city connectivity plan would have liked to see this road come through and that would have been another connection. But because staff understood that this was cutoff. they wanted to keep this pristine with respect to the other plan that was approved, So no changes -- COMMISSIONER ROY~ SO you're saying -- you're saying that you are not having any more connectivity to Westgate Street than what was always in your plan? MR. COBB: Exactly. And theyt re in exactly the same place. COMMISSIONER ROY: okay. Thank you. MR. COBB: Thank you. COMMISSIONER STRANGE: Mr. Watkins. COMMISSIONER WATKINS: Thank you, Mr. Chairman. Mr. Cob b ~ MR. COBB: Yes, sir. COMMISSIONER WATKINS: I see your pen drawings and I totally agree for transportation~ but I think we ought to make clear before we get too far along, when wet re talking about Westgate Street, you're talking about all but three feet; but you are talking about only doing half the street in your developmen~ the east side Page 16 of Westgate Street? MR. COBB: Yes, sir. And I actually have a drawing of that here, too. The entire street of Westgate Street calls for 28 feet back to back, back to back of curb of pavement. And this is the existing -- drawing of the existing asphalt road or very roughly what it exists now~ And then the future improved street will be 28 feet back to back. Now that' s -- that's not half the road. That' s what the road is supposed to be ul timatel y. It's my understanding -- COMMISSIONER WATKINS: well, my understanding -- my vision is that one side, for instance, the east side of Westgate Street with curb and gutter, west side of the street with the drainage type. And I don't know of anyplace else in Denton that that exists. It may well be~ but my point was if you go back up into Westgate Drive, it would certainly if this were to come to past, it would behoove us all to wish that that was a nice street and put it. But what Pm saying here and what I'd like to get clear is you don. t own that property. MR. COBB: NO, sir. COMMISSIONER WATKINS: That's not a part of what's up tonight. MR. COBB~ Exactly. COMMISSIONER WATKINS: Nor is Westgate Page 13 - Page 16 Con den selt 1M Page 1 7 Page 19 I Street on the west side. 1 little map, it says SF-5C with open space. It's kind of 2 MR. COBB: Absolutely. 2 up there right by Po.142. 3 COMMISSIONER WATKINS: okay. Thank you. 3 MR. COBB: Yes, ma tam. 4 COMMISSIONER STRANGE: Ms. Guzrnan.Ramon. 4 COMMISSIONER HOLT: There are only two 5 COMMISSIONER GUZMAN-RAMON: Thank you, 5 accesses onto King f s Ridge Drive from that whole 6 Chairman. Just a couple of questions. So the cul~de-sac 6 developmen~ now there. s one going out on to PD-142) but 7 will remain there after you begin your development, 7 that's if they want to do it some time. S correct? 8 MR. COBB: Right. 9 MR. COBB: Yes, ma'am. That was my 9 COMMISSIONER HOLT: rm a Ii ttIe concerned 10 submission. Our plan was submitted with the cul-de-sac in 10 with a lot of these areas on the connectivity, getting in 11 place that did not connect up to the east/west. 11 and out traffic. I mean, we've had these things before 12 COMMISSIONER GUZMAN-RMfON: okay. And 12 out on Teasley and way out on Lillian Miller and sometimes 13 besides that one ordinance maintaining that street, 13 these things just turn into a nightmare and it just 14 there's also a couple of other ordinances that you also 14 doesn r t look like -- therer s jus t this one big street, 15 must a bide by, correct? 15 welL two~ what's this other one down here? King somebody 16 r.AR. COBB: rm sure there are several 16 else, there were !\Va -- two big accesses t in and out. And 17 ordinances. Which one specifically are you referring to? 17 that just seems like an awfullot~ 615 -... 51 homes in a 18 COMMISSIONER GUZMAN-RAMON: of course, you 18 small space, getting them in and out and especially since 19 would ask me that. I didn't have them out. Actually~ 19 a PD-142t a lot of them you don't O\Vl1 and it just depends 20 1'11 just move on to another question until I can find 20 on what those people want to do. I mean, they may not 21 this. Now, the original plan that you were talking about 21 want to sell. They may not want to do that. So this 22 that already had those two streets -- 22 concerns me because it's a pretty concentrated area. 23 MR. COBR Yes, ma'am. 23 MR. COBS; vh-huh. Are you referring to 24 COMMISSIONER GUZMAN-RAMON: -- going out 24 the project as a whole or are you focusing on this area 25 towards Westgate, was that original plan the plan that was 25 here? Page 18 Page 20 1 -- that you submitted in 2000 or the very fITst one in 1 COMMISSIONER HOLT: well, that's one of the 2 .86? 2 main places, but, as a whole, it looks like there's just 3 MR. COBB: In -- well~ we bought the 3 not enough accessibility and there are a lot of things 4 property in 1999, in place was a concept plan that was 4 that don f t -- may not come to fruition. 5 approved in the · 80s} I guess it's · 86. So when we bought 5 MR. COBB; well, let me tell you what I see 6 the property, we did the configuration in accordance with 6 in this area~ if we could start here first, please. There 7 the concept plan that was done. 7 are actually two that do tie into this southern -- this 8 COMMISSIONER GUZMAN-RAMON: okay. So even 8 would be a collector, a larger and. In there one that 9 though -- 9 ties to the north and one that ties to the west And you 10 MR. COBB: At that time it had these two 10 are correct, we do not own that property which is a very 11 points . 11 similar situation to any piece of property that r s 12 COMMISSIOI'\TER GUZMAN- RAMON~ okay. 12 developed where the City does have the foresight to say 13 MR. COBB: And then we did not add -- we 13 when this property does come in~ werre going to make them 14 didnrt change that entire area at all. 14 line up with your street, so that promotes connectivity 15 COMMISSIONER GUZMAN. RAlvION~ okay. So as 15 for the city as a whole. 16 far as the actual Westgate Street, you're not really 16 In this specific property the eastern most 17 increasing any more avenues or streets or anything, going 17 street that stubs to King's Ridge does also stub into the 18 out into that street, correct? 18 main collector that goes straight out. So that helps keep 19 MR. COBB: Absolutely not. I was involved 19 traffic off of this east/west. Generally, if you weren't 20 in all of the original meetings and I'm smarter than that. 20 going south, you would probably take this one or this one. 21 COMMISSIONER GUZMAN-RA.MON: okay. Thank 21 And I think these two roads on this width or this span of 22 you. 22 property is all you f re going to get. In other words~ I 23 MR. COBB: I didn't have any desire to~ 23 doubt if I added another tie-in to King's Ridge on this 24 COMMISSIONER STRANGE; Mrs. Holt. 24 spanned number of lots, see, therer s nine lots here~ nine 25 COMMISSIONER HOL T: Yes~ Up there on my 25 or ten, and then you have about seven bere~ well, that.s PLANNING AND ZONING MINUTES MA Y 24, 2006 Page 17 - Page 20 Page 21 Page 23 1 less than 20 lots, and rye got two full streets cutting 1 because if that's a lot of little stop signs and traffic 2 through. I think -- overall, I think that is typical of 2 lights, that could be huge. 3 what you would see either in a dense or lightly populated 3 MR. COBB: well, I think what was proposed 4 area. 4 at the time was one here~ Qne here and one here, so that 5 The project overall-- here's what Kingrs 5 would be three. And I don't think there were traffic 6 Ridge does have. If s got great frontage on Bonnie Brae 6 lights or stop signs, but rather the center paint of that 7 which is a wonderful north/south. Tbe promising thing 7 intersection was elevated about a foot like a big speed 8 a bout this project is the fact that Windsor, if Windsor -- 8 bump, when you're going through the intersection. I think 9 I think it's Windsor Farms, correct me if rm wrong, but 9 that's what they were recommending, but we didn't do the 10 Windsor Farms -- if they didn't tie Windsor into 35, we 10 final engineering and proceed to construction so I really 11 were going to because it doesn't make any sense for people 11 couldn't -- couldn't say it would be adhered to whatever 12 coming up 35, I guess that they would go Loop 288 and get 12 the City does recommend. 13 off at 77 and hit Bonnie Brae to get to the project. It 13 COr-vfMISSIONER STRANGE: DO we have comments 14 would either be that or exit 380, go over, hit Bonnie Brne 14 from staff regarding Ms. Holt's question, please. 15 and go up to the project. 15 MR, SPEICHER: We presently have just 16 So you have -- so you have quick acces s 16 discussed this lightly on the outside because we're at a 17 north and south. You have good acces s east and west via 17 point now we're at a detailed plan, and we're looking .more 18 77 and over to 35 and then Windsor obviously goes. So I 18 at obtaining right-of.ways. As we move fOlWard with the 19 think overall and we did do a traffic study and we went 19 preliminary plat and the final plat~ we'll describe more 20 through all the steps with ..- at the time, I believe he's 20 in detail how the -- how these -- the locations of the 21 no longer here, but David Salmon. And there are a bunch 21 traffic cahning and how we want to phase all of the 22 of different steps as the project is completed will be 22 construction in accordingly. You'll be able to revisit 23 contributing to, I think, a light here at Windsor and 23 this in the preliminary and the final plat stage. 24 Bonnie Brae and then when 77 is put in we do certain 24 COMMISSIONER HOLT: Thank you, 25 things, so I think from general principle with respect to 25 COMMISSIONER STRANGE: Mrs. Guzman-Ramon. Page 22 Page 24 1 the traffic study, everything should be covered. 1 COMMISSIONER GUZMAN-RAMON: Thank you. I'm 2 COMMISSIONER HOLT: This street going, I 2 sorry. I bave just one last question. So to get to your 3 guess it. s north and south, I can f t read the name of it, 3 development, we would have to go either through Bonnie 4 is that going to be a thoroughfare or are there going to 4 Brae and hit and take King t s Ridge west or go through 5 be lights all along that or -- 5 Westgate and then take Coffey southeast or how would that 6 MR. COBB: Are you -- 6 work if you were to go into your development through 7 COMMISSIONER HOLT: whatever's going 7 Westgate. 8 straight through here, north and south. 8 MR, COBB: well, yeah. To get to the 9 MR. COBB~ would you look up here? Is it 9 development is either from Bonnie Brae or 35 or Bonnie 10 this street right here. 10 Brae north from 77 right now. That's bow you get to the 11 COMMISSIONER HOLT: chase Moore Drive. 11 property. 12 MR. COBB: chase Moore Drive is a collector 12 COMMISSIONER GUZMAN.RAMON~ okay. But 13 that runs throughout the entire project so that gives you 13 after it's developed and after you have your streets and 14 a tie-in to Bonnie Brae running up through the project. 14 your right-of-ways, do you -- I guess -- rrm looking at 15 There will be traffic dampening devices on -- and that 15 the maps and r m just a little confused because the south 16 will be in accordance with whatever the City prescribes. 16 of your property doesn't hit Windsor, right? 17 I know that at one point they preferred an elevated 17 MR, COBB: It does not, yes. 18 intersection. Wetre perfectly willing to do that. I'm 18 COMMISSIONER GUZMAN-RAMON: So that's what 19 not a big fan of four-way stops, or u but really we're 19 I was trying to figure out, if we're trying to the 20 adhere to the City's recoIIlll1endations throughout the 20 southern portion of your development -- 21 engineering and, you know, their markup process to do 21 MR. COBB; okay. 22 whatever traffic cahning devices that the City recommends 22 COMMISSIONER GUZMAN-RAMON: -- would we 23 there. 23 have to go up through Westgate and then cut across. 24 COMMISSIONER HOL T~ Is someone here from 24 MR. COBB: Not up tlrrough. You would hit 25 traffic that we could ask what they do propose for that 25 Westgate and go south where we own the -- where we have CondenseIt 1M PLANNING AND ZONING MINUTES MA Y 24, 2006 Page 21 - Page 24 Page 25 Page 27 1 conunitted to dedicate to the school~ that school site 1 the problems that I also see there. Just a minute -- grab 2 right here, if you can see that. 2 my notes. Oh, the original roads I believe that we had 3 COMMISSIONER GUZMAN-RAMON: okay. 3 street widths were 33 foot wide streets in there which 4 MR. COBB: This hits Windsor and so you can 4 would also add to the ambience of a neighborhood and 5 go to 35 this way and then Bonnie Brae obviously hi ts 5 lessen some of the congestion that is going to occur with 6 Windsor, so the entire project hits -- you know, has 6 this many people living in such a small area~ 7 frontage along Bonnie Brae, so you can go Windsor that 7 I would love to see them go back to the 8 way, or you could go Bonnie Brae south to 380, and go, you 8 minimum 33-foot wide streets going through this 9 know, east or west. 9 neighborhood on the in and out of the neighborhood 10 COMMISSIONER GUZMAN~ RAJ...10N~ I haven't seen 10 streets, although, that is no longer in our comprehensive 11 that smaller portion right there. Thank you. 11 plan. It was at the time -- this was originally in a 12 MR, COBB~ Yes; ma' am. 12 concept plan. And that width of street is also what f s in 13 COMMISSIONER STRANGE: AnY other questions 13 the older neighborhoods in the Westgate area, and in the 14 of the applicant? Thank you. 14 other older neighborhood that's up behind the Catholic 15 MR. COBB: Thank you. 15 Church. So those are my suggestions. And like I say, 16 COMMISSIONER STRANGE~ we do have a card 16 generally, I have no problems. I would like to see fewer 17 for a person who wishes to speak in support. Joyce Poole. 17 homes, and, perhaps, go ahead and try and turn this into a 18 If you t 11 come forward, give us your name and address, 18 higher end developtnent for tax purposes and lessening of 19 please. 19 the traffic problems. Thank you. 20 MS. POOLE: Good evening. My name is Joyce 20 COMMISSIONER STRANGE; Thank you for your 21 Poole, 3021 North Bonnie Brae. I am in the section there 21 comments. We have cards for several people who wish to 22 that's all cut out of this in the center. I have a little 22 speak in opposition~ The first is Maria Lewis Chelita. 23 acre of ground there on the frontage on to Bonnie Brae. 23 MS. LEWIS: Good evening. My name is -- I 24 Generally, I am only going to make a couple of comments. 24 go by Chelita Lewis. I live at 3101 Westgate Drive. My 25 I am in support generally of this plan. But I know that 25 garage is on Fladger, so I am right smack in front of that Page 26 Page 28 1 he has worked very, very hard to maintain integrity with 1 new street that is going to come into my neighborhood~ 2 his development and yet with the neighborhoods, bath 2 Obviously t we would like to keep like it is 3 ourselves and the others through the original battles that 3 forever and eVef<t but I know that this thing would have to 4 we had in '99 and 2000. 4 come sooner or later ~ I would like to agree with Ms. 5 I guess my comment and my suggestion would 5 Poole. 'What I would like to see is bigger lots across 6 be, Ms. Holt, to perhaps if they could at all bring in a 6 from our homes. There is about nine homes that have one- 7 high end development in this perhaps doubling up some of 7 acre lot on Westgate right now. I would like to see one- 8 these lots to put a little bit larger home, and that would 8 acre lots across from one-acre lots. If that is not 9 reduce overall the number of homes with this limited 9 possible, at least half an acre lot. But I would really 10 access that we have going in here by simply taking some of 10 like to see it exactly to match our neighborhood. In 11 these smaller lots and squeezing them together; you would 11 order for all of this to happen, all of this big 12 end up with a high end gated conununity perhaps that our 12 development, we're going to have a real big street of 13 end of town would only complement the New Rayzor Ranch 13 Westgate. It needs to be upgraded and it needs to be curb 14 situation that's going in just south of us les s than a 14 and guttered on both sides; just like Mr. Hopkins -- 15 mile south of us, a gated community here with some lovely 15 Watkins says, just one side would not do it for me. If 16 big homes, maybe it's not even gated, but you -- YOll just 16 it. s going to be a big street and it r s going to take care 17 a reduced the number of homes that would be put in there 17 of 650 families besides us. I like to have a place where 18 to go in and out on these streets. And Bonnie Brae is 18 I can walk. Right now a lot of families come from far 19 already a race track going up to the research UNT Lab. 19 away to walk in this neighborhood. So I r d like to keep it 20 Yeu'll take your life in your hands going in and out on 20 that way. I do not like the place where the school site 21 Bonnie Brae right now, so I can't imagine 600 and some 21 is proposed. 22 additional homes let alone the multi-family that is 22 I think it's going to be a very hard place 23 scheduled for the north end of the property. I dontt have 23 for the school to take place not enough way to get in and 24 any problem with the layout generally; but I did like to 24 out of that school other than Westgate again. She was 25 see fewer homes in that property that would reduce some of 25 asking how are they going to get there. WeIll they're Con den seIt 1M PLANNING AND ZONING MINUTES MAY 24, 2006 Page 25 - Page 28 Page 29 Page 3] 1 going to take the service road) turn on Windsor, turn on 1 apparently, therers a turn cup to be taken out of my front 2 Westgate and then come in on to Fladger and go into their 2 yard. Irve never been approached trying to buy that or 3 neighborhood. That's another way besides the ones he 3 anything. Apparently they were going to eminent domain it 4 mentioned. So it will affect us. It will come directly 4 and I wasn I t going to have any say in itt but I don' t 5 to our neighborhood. So the other thing I wanted to 5 really like that. Okay. I've used up my time. Thank 6 mention is that they keep saying Westgate Street. The 6 you. 7 name of our street is Westgate Drive. It's always been. 7 COMMISSIONER STRANGE: Thank you for your 8 And I am very happy to hear that it's going to remain 8 conunents. 9 close and thatls how we would like to have it. We'djust 9 COMMISSIONER HOLT: where is your property? 10 like to see the improvements on Westgate, bigger lots 10 Excuse me. 11 across from us and less density as possible. Thank you 11 MR, FULLERTON~ That piece right there. 12 very for your time. 12 COMMISSIONER STRANGE: Next to speak is 13 COMMISSIONER STRANGE: Thank you for your 13 Alexandra Doornbos. 14 comments. Next to speak will be Eric Fullerton. 14 MS. DOORNBOS: Good evening. We r re new to 15 MR~ FULLERTON: Good evening. My name is 15 Texas. Wetve been here since April -- 16 Eric Fullerton) 3015 North Bonnie Brae. And I'm not in 16 COMMISSIONER STRANGE: would you give us 17 strict opposition to the concept of it coming in there. 17 your name and address~ please. 18 It' s inevitable. Somebody' s going to build something. 18 MS. DOORNBOS: Alexandra Doornbos~ 2901 19 But I'd like to lessen the environmental impact. One 19 F1adger. We're within the 200 foot quadrant I received 20 thing I'd like to see is a clause in your Homeovmer's 20 a notice!\vo weeks ago that I was to get a legal notice. 21 Association that they would be liable for their children 21 rye been calling City planning daily. My calls are never 22 crossing onto my property and possibly becoming injured. 22 returned. I called alone today four times. What I got 23 The fences need revisited as they were approved last time. 23 was nothing. I dontt know according to this. You know, 24 I really wanted the fence from the movie 24 Itm supposed to have some legal rights or something. I 25 King Kong and they wanted more like a picked fence and 25 wanted to know from City planning why no one returns my Page 30 Page 32 1 somewhere in between there lies what needs to be. We're 1 call. We had a neighborhood meeting last night. Other 2 running a ranching operation there~ There are longhorn 2 people have complained about this problem. The gentleman 3 cattle, the chances of somebody getting hurt if they get 3 that just spoke, he said he wasn't given -- it was just 4 in there is pretty good. They have no business in there. 4 eminent domain. Why wasn't ... why didn't anyone let him 5 We've never had anybody in there up until now. We've 5 know? This is very unfair. Also, I do support Mrs. Lewis 6 never had anybody living there that could throw a football 6 for Denton. Let's build some upscale houses in here. 7 over a fence before either. 7 TItis is your tax base. This will help Denton. But I want 8 I'd like to also address the property line 8 to receive any legal notices further regarding this. I 9 on my south border and the fence actually don't match 9 have a major problem with this. Thank you for your time. 10 according to their surveys. I r d like some assurance that 10 COMMISSIONER STRANGE: Thank you for your 11 it will fallow the survey rather the fence) the existing 11 comments. Next to speak would be Karen Smith. 12 fence. And another thing is intrusions into the fence 12 MS. SMITH: Good evening. My name is Karen 13 during the construction phase. I've known a number a 13 Smith. I live at 31 01 Darby Lane. It's at the comer of 14 ranchers that had construction next to them and the 14 Fladger and Darby. I'd like to state that I'm opposed to 15 construction people really don 't care~ They'll back a 15 any plan that allows additional roadways into our 16 . backhoe through the fence and leave and that' s the end of 16 neighborhood. In 1993, Council unanimously approved the 17 it. The cattle scatter and they don' t care. It d like 17 closure of Westgate to 1-35. At that time it was felt 18 some assurance that they'U be diligent about that and 18 that the rural low volwne characteristics of Westgate 19 liable for it. 19 would be changed if the road reopened to the interstate, 20 And back to the fence around the property 20 It d like to ask the Commis sian to cons ider 21 separating the property, I'd like to think that they'll 21 the intent of that 1993 ordinance, protecting the rural 22 have some sort of a maintenance agreement or contract or 22 aspects of our community. At that time, it was acceptable 23 something where it will -- whatever they put up there will 23 to protect our community, howevert now the city's plan had 24 be kept up. And finallYt it doesn It show on any of the 24 multiple entrances; threatens the essence of our quiet 25 drawings, but it did on the original ones. And, 25 neighborhood. The City states its requirement to have CondenseIt 1M PLANNING AND ZONING MINUTES MAY 24, 2006 Page 29 - Page 32 Page 33 Page 35 1 connectivity citing safety concerns and environmental 1 City. Thatts a flood zone, not just 100-year flood zone, 2 issues. All of these issues must have been addressed in 2 but larger flood zones will come through there. There. s a 3 1993 when -- with approval by the Planning and Zoning and 3 high probability of that occurring. It has occurred in 4 Council. How is it now that this is unacceptable. 4 the last 50 years and certainly in less time if -- I've 5 There's no benefit to opening new access to our 5 not had the chance to do the detailed research. Your 6 neighborhoQd~ both Windsor and the new road Kingts Ridge 6 children walking in a flood zone being swept down a 7 Drive will allow access to 1-35 to the new development. 7 channel is an emotional argument, but it may be a very 8 If the City allows connectivity with the new development 8 real concern for some -~ it certainly is a real concern 9 by opening roads on to Westgate, what has been 9 for some of the residents there. 10 accomp lished? Increased crime. I understand change and 10 Drag racing on the street has been a 11 accepted growth in our area, however t I feel that what the 11 problem until we closed i~ and there's an underlying 12 City can protect and keep quie~ safe and rural it should. 12 pro blem here. Who. s going to support this? You have a 13 The City has a duty to protect its citizens and adding 13 very small number of Deputy Sheriff's in this County for a 14 additional access to our neighborhood has proven an 14 fair ly large area. r m a former Sheriff out of Los 15 increased crime in our conununity. That is the reason, 15 Angeles County. And I can tell you that you dontt have 16 part of the reason why the road was shut down in 199 3 ~ 16 the manpower to support these huge developments that are 17 On Monday our neighborhood met to discuss 17 coming in or that are being proposed to come in. I ask 18 this issue~ We had to call our own meeting. There are 18 that you consider these, this information. Thank you. 19 several questions still unanswered. Yes, this was taken 19 COMMISSIONER STRANGE: Thank you. Next to 20 to us seven years ago, but we have new neighbors now. 20 speak is Rhonda Rodriguez. 21 Therefore~ I would like to request that this issue be 21 MS. RODRIGUEZ: Hi. My name is Rhonda 22 delayed until a meeting with the City, the developer and 22 Rodriguez. And I live on 3109 Westgate Drive. In 1991 I 23 the neighborhood can be held. If all of the parties 23 joined the military and served honorably for eight years. 24 involved communicate openly, seeking understanding 24 Forgive me -- I meant to tell you rm going to be more 25 compromise, perhaps a win-win can be accomplished for our 25 personal because Pm really -- we're new to the Page 34 Page 36 1 conununity. Thank you. 1 neighborhood. r m really not familiar with what all's 2 COMMISSIONER STRA.NGE: Thank you. Next to 2 going on here and I wish I speak more educated a bout it 3 speak would be Dr~ Bob McWilliams. 3 and provide you with solutions which I don't really have. 4 DR. MCWILLIAM:S: In light of the comments 4 But after my honorable discharge from the military~ I 5 of my neighbors which are certainly well received from my 5 spent six years going back to college for higher 6 perspective, rd like to ask that you read the yellow 6 education, graduated with my Master's from Texas Woman's 7 sheet of paper that I provided there~ which provides a 7 University and -- last year in 2005 with four children. 8 more detailed discussion here. The real problem here is 8 And let me tell you the sacrifice was huge for my family. 9 you're taking and inserting a high density property 9 I just gues s I want to put a personal face 10 development of 650 homes into the es sentially low density 10 on Westgate Drive and who will be affected by the 11 rural environment, you know, an area that has been spared 11 increased traffic with access to Westgate Drive. In 12 in almost entirely of crime for the last ten years, and 12 August I was employed by the Denton Independent School 13 all of that largely because of the closure of Westgate 13 District and told my bus band when I got the job~ I said, I 14 from the connection over there to the little mall~ 14 know where my dream home is and we moved in in September. 15 connecting it back over here has been resolved, although, 15 So this is a dream. This is something we've worked bard 16 I would like to see a permanent resolution of that, not 16 for ~ And I just guess I want to provide a personal face 17 just a temporary one, that okay, next week, we'll change 17 and personal story of sacrifice and hard work to obtain 18 our minds and unplug i~ and connect it back up. But we 18 what we have. And I hope that when you consider all of 19 need to have a solution of the broader issue here of the 19 these things that my neighbors have submitted that you 20 high density housing. 20 will remember that there are real people, real1ives, real 21 The second thing It d like to bring since so 21 sacrifices to have what we have right now on Westgate. 22 many things have already been covered, the second thing 22 And I would support closing -- closing Westgate Drive to 23 r d like to mention to the City here is that the school 23 any access to the new development as well as the higher 24 property that has been so nicely donated by the developer. 24 scale homes with larger lots. Thank you. 25 Unfortunately, that t s a disaster, pending disaster for the 25 COMMISSIONER STRANGE: Thank you~ Next to Con den selt 1M PLANNING AND ZONING MINUTES MAY 24, 2006 Page 33 - Page 36 Page 37 Page 39 1 speak would be Art Rodriguez. 1 any other -- any other issues -. are there any other 2 MR. RODRIGUEZ: GOod evening. My name is 2 questions that I could addres s? 3 Art Rodriguez. And r live on 3019 Westgate Drive. And I 3 COMMISSIONER STRANGE: Mr. Roy. 4 want to reiterate what my wife just said. Six years of 4 COMMISSIONER ROY: There was a reference to 5 going through school during the summer, no breaks. Guess 5 eminent domain. Do you know anything about that? 6 who was at home? Me with the kidsl because we wanted to 6 MR, COBB: I didn't know anything about 7 sacrifice to buy our dream home. And now with this 7 that. Actually, I do have Robert J abavy here with 8 development coming in here, in fact, our realtor, said, 8 Brockette, Davis and Drake. He has stated that this line 9 look guys. We can get you another home, newer, down south 9 that's going up here is a part of the property boundary of 10 and everythingrs new. You donft have to do anything. I 10 the piece of property that we purchased, so I don't see 11 said~ no, I don f t want to live in that kind of 11 that that t s -- I think that area is already a part of the 12 neighborhood. I want to live on Westgate Drive. And now 12 property that we purchased. I think that -- wouldn't that 13 with this development coming on board, my dream home has 13 -- is this the area that he was pointing to? 14 become a nightmare. I don t t want acees stoW estgate 14 UNlDENTIFlED SPEAKER; That r S my front 15 Drive. Leave our neighborhood alone, and let our kids 15 yard. 16 play and run around without any worries about any crime 16 MR COBB: well, I think what that is is 17 coming through our neighborhood. Thank you very much. 17 the barrow ditch out front along Bonnie Brae -.. 18 COMMISSIONER STRANGE~ Thank you. That's 18 UNIDENTIFIED SPEAKER: yeah. 19 all the cards that I have for people who wish to speak. 19 COMMISSIONER STRANGE: If we could wer 11 20 Is there anyone who had wished to speak who has not had 20 have just comments from prop Ie at the podium~ Thank you. 21 the opportunity? I do have several cards I will read off 21 We have other questions. Mr. Watkins -- I think we have 22 for those people who are in opposition but did not want to 22 some other questions. Mr. Watkins. 23 speak. So for the record, Grace Hall~ 3211 Westgate 23 COMMISSIONER WATKINS~ Thank you, Mr. 24 Drive, John Bauder, 2520 Coffey Drive. Luis A. Garcia~ 24 Chairman. I was under the impression that we were talking 25 2125 Coffey Drive, William Reed, 2505 Coffey Drive. And 25 about a Homeowner's Association for this group? Page 38 Page 40 1 Lonnie Roy 2528 Coffey Drive. So that -- that is all of 1 MR. COBB: Yes,. ma'am -- yes,. sir. There 2 the cards that we have. Does the applicant wish to make 2 will be a Homeonwerf s Association for the project as a 3 any statements? 3 whole. 4 MR COBB: Again~ Cary Cobb~ 1401 Burnham 4 COMMISSIONER WATKINS: would that not take 5 Drive, Plana, Texas. We certainly appreciate the 5 care of the fears we have for the longhorn cattle? You 6 opportunity to be here this evening. We think that we've 6 indicated that the property owner would need to maintain 7 00- you know, by holding -- by holding firm with what was 7 the fence, but if there was an HOA- 8 presented previously, we believe that that's the best 8 MR, COBB: Right 9 solution to work with the neighborhood and we were able to 9 COMMISSIONER WATKINS: would it not be 10 get the City its connectivity issues addressed along with 10 responsible for the parameter? 11 all of the other Code changes from the year 2000 plan. 11 MR. COBB: well, you would have if you bad 12 In the beginning, I would like to say that 12 property to dedicate to the HOA. In other words, all of 13 this school site was agreed to and selected by, in fac~ 13 these open spaces and then your parameter screening 14 the school and the City of Denton~ both in combination and 14 meaning landscape and irrigation improvements and all of 15 they split it up and there is small flood. But down here 15 the pocket park property would be dedicated to the AOA and 16 at the bottom if you see this straight dotted line right 16 be maintained in that way. On -- along this boundary line 17 here, that will be a channel improvement that is designed 17 that was set and we agreed to, obviously, it was set by 18 to more than carry any water that goes through that area 18 the purchase of the property, that falls in the rear yards 19 on a safe plain. I would say with respect to sensing of 19 of these lots. 20 this issue1 we haven f t changed any of those requirements. 20 COMMISSIONER WATKINS: Right. 21 I believe those are, you know~ six foot cedar fences that 21 MR. COBS: NOW, that is a fence that will 22 line this property right here, go all the way around these 22 be on the property line and the possession or the 23 tracks, the Smith property and those ...... those would be 23 ownership of that fence would then be the shared fence 24 maintained by the property owners that then bought the 24 between t\.vo property owners.. And so it wouldntt be 25 lots. So that would be their rear yard fence. And really 25 maintained by the HOA, it would actually be owned by those Con den seIt 1M PLANNING AND ZONING MINUTES MA Y 24, 2006 Page 37 - Page 40 Page 4 I Page 43 1 two property owners, I believe. 1 does call for is an upgrade from what you see in a new 2 COMMISSIONER WATKINS: which would be a 2 housing development just north of here on the other side 3 part of the purchase price of the home you're saying then. 3 of 77 -- I don tt want to call out project names, and then 4 HOA really bas nothing to do with -.. 4 what I think it does call for is a full-brick product that 5 MR. COBB: Yeah, in other words, to 5 is far superior to what you see over in~ you know, Windsor 6 maintain that, we would then have to parcel off some land 6 Farms. So this is going to be a nice brick screening 7 which then brings in other is sues of mowing and all of 7 wall, fully landscaped, nice community. I think it will 8 that to put a fence on to be able to maintain that fence. S be the nicest one in this entire area of the City. I know 9 COMMISSIONER WATKINS: SO wet re not talking 9 it will. 10 about a practical HOA? 10 COMMISSIONER HOLT: I'm sure it will be a 11 MR. COBB: Not for that -- not for fence 11 nice community and r m not -- that is not my concern. My 12 maintenance. 12 concern is there are too many houses in this area. That 13 COMMISSIONER WATKINS: okay. Thank you. 13 is my feeling and that this is much too conc.entrated. 14 Mrs. Holt. 14 This was basically -... you know, you can bave rural and not 15 COMMISSIONER HOLT: Yes. Mr. Cobb, a 15 have it covered with trees like in the south part of town. 16 couple of things that were mentioned and in the past month 16 MR. COBB; ob, I understand. 17 or so in Denton there has been a lot of talk about 17 COMMISSIONER HOLT: But I don rt Wlderstand 18 high-end homes, and we are seeming to see a lot of them in 18 why any developer cannot have and they don. t have to be 19 the south end, so -- and you brought it up yourself with 19 $500,000.00 homes. They could be $250,000.00 homes. They 20 the hospital there, with Rayzor Ranch coming jn~ there f s a 20 could be $300,000.00 homes, an upscale, you knowt moderate 21 lot of high-end stuff coming to that area. What would be 21 up scale homes instead of such a concentration of small 22 the pas sibility of decreasing the amount of homes here and 22 houses. 23 building some higher end homes in some of these areas and 23 MR. COBS: Right. 24 someone suggested matching the lots over on Westgate, and 24 COMMISSIONER HOLT: Because, I mean, the 25 some things like that I think it would be just as 25 Mayor had this huge thing a bout let' s bring upscale all of Page 42 Page 44 1 profitable and it would certainly cut down on the 1 these things in Denton and they will come. I don't 2 concentration of humanity in this small area. 2 understand why you can't do that. 3 MR. COBB: Right. Actually, this project 3 MR. COBB: well, from the conversations 4 as a whole hasnrt proceeded forward because it didn't 4 that we've bad, both our -.. we have nationwide builders 5 work. It didnft work because -- not because we couldn't 5 that we work with -- I do want to make one thing clear 6 make enough money~ It didnft work because the price at 6 that we don't build single family homes~ rm a 7 which the lots would bring in the area did not even come 7 residential developer. I build the infrastructure and I 8 close to what it would cost to put the development on the 8 sell the single family lots to our clients, the home 9 ground. So what you f re looking at -- in other words, in 9 builders. And these home builders, so Itm not a 10 south Denton where it r s all wooded and you have ranchettes 10 builder/developer. These home builders, Jrve brought 11 and things of that nature. It is -- that is almost the 11 three different national builders, tVlO or three different 12 mode of operation down there., even though you have like 12 regional builders. These would include Meritage, Legacy, 13 the Preserve, Villages of Carmel and things like that that 13 D.R. Horton, Lanar has looked at this project, three 14 aren't; you know, real big lots. VVhat we did here was we 14 regional builders which would be a Bowen, Buscher Homes, 15 tried to match, not match, but we tried to in tenns of 15 First Texas Homes. And then wetve talked to more than 16 size, and primarily width, give more of a feel and we 16 five -- I think werve probably talked to seven local 17 really did -- we had, I think, 14 public meetings. And we 17 smaller custom builders in this market and we -- we 18 had a lot of meetings outside this arena with the 18 marketed this project as it was for probably a two-year 19 neighborhood and other groups to settle on -- what this 19 period to try to make it come on line throughout 2000 bUP 20 was is these larger lots that fronted these one-acre lots~ 20 to 2004 ~ 21 and then we went with the SF~ 1 0 behind that~ and then went 21 This time I think we'll be able to do it. 22 off into the smaller lots, 22 But I don t t think we.11 be able to make any changes 23 Quite frankly, this market just doesn't 23 density-wise and make an impact in the market. I think it 24 call for -- right where this is, it doesn't call for a 24 would just sit there. 25 gated community of large luxury homes, but what I think it 25 COMMISSIONER HOLT: well, it just seems Condenselt 1M PLANNING AND ZONING MINUTES MA Y 24, 2006 Page 41 - Page 44 CondenseIt TM Page 45 Page 47 1 like sometimes someone's got to step out there and step it 1 there are also ways to pinch a road down here and there to 2 up a bit. Maybe the market right now says that, but the 2 slow traffic. That will be on their expert -~ 3 City Council believes and we believe here in Denton that 3 COMMISSIONER THIBODEAUX: I guess my 4 our market is going to increase and with the Rayzor Ranch 4 concern is similar to Conunissioner Holt in that it's a 5 and things coming in all over that part of town~ why not 5 very -- it would be very dense, almost regardless of how 6 step it up a little bit and try to get something in there 6 you .- what you did with that area. It seems that's going 7 that's a little more -- not quite so dense. 7 to carry a lot of traffic because I don' t see anything 8 MR. COBS: commissioner Holt, that's 8 else that would go east and west through that property. 9 exactly why 1'm here tonight. I'm trying to bring this 9 The same thing with the Bonnie Brae, I just see any way 10 project into the market. And that.s what rm doing. I am 10 you enter that neighborhood~ that there's going to be -- 11 stepping it up. I'm not letting it sit there. And I'm 11 that would be -- or excuse me~ I see the same thing with 12 trying to bring this project into reality. And this is 12 Westgate, that any way you enter that property would be a 13 wbat we see as being we hope a viable project and werre 13 lot of traffic. 14 willing to invest the dollars to make it -- to try to make 14 MR. COBB: Right. As this road comes down 15 sure it happens. 15 and goes out to Bonnie Brae, it peels off here ~- 16 COMMISSIONER HOL T~ well, I wish you would 16 COMMISSIONER THIBODEAUX: where is Bonnie 17 do it with fewer homes of a better quality. And I'm not 17 Brae? 18 saying that there's anything against your quality. 18 MR. COBB: This is Bonnie Bme out here. 19 MR. COBB: I Wlderstand. 19 That's Bonnie Brae on the far eastern edge of our 20 COMMISSIONER HOLT: A better quality higher 20 property. As this comes off of Bonnie and then goes north 21 end home. 21 and it hits this east/west collector called King's Ridge 22 MR. COBB: I understand. 22 that will again at some point in the future go out to 3 5 ~ 23 COMMISSIONER HOLT: Thank you. 23 it peels off here to the west to hit Westgate so folks can 24 MR. COBB: Thank you. 24 go south on Windsor, east or west. It peels off here and 25 COMMISSIONER STRANGE: Dr. Thibodeaux. 25 then it goes east here so you can go up north. So really Page 46 Page 48 1 COMMISSIONER TI-IIBODEAUX: Mr. Cobb, I want 1 -- there. s a lot of connectivity with this plan, so once 2 to just get some clarification on a coup Ie of things. By 2 you get on this -- on this road, you can get off here. 3 the way, that map just drives me crazy, because I know 3 You could go up here instead. I'm not a great designer, 4 Bonnie Brae is running north and south and it's running 4 but we certainly had experts do that. 5 east and west on that map. But rtm concerned about that 5 COMMISSIONER THIBODEAUX: Tha tf s all right. 6 main artery that is running east and west, top to bottom~ 6 The map is just driving me crazy tonight. 7 MR. COBB: Are you talking about right 7 MR. COBB: I'm sorry to keep drawing on 8 here? 8 this~ It's the only way I think I can explain it. 9 COMMISSIONER TIIIBODEAUX: No. In the 9 COMMISSIONER THIBODEAUX: And I think all 10 middle of the development? 10 of the speakers were referring to the same street that is 11 MR. COBB: This one right here. 11 showing in some of our docwnentation as Westgate Street 12 COMMISSIONER THIBODEAUX: Yes. And I think 12 rather than showing as Westgate Drive; is that correct? 13 what I heard in response to a question was that that would 13 MR. COBB: Yeah. I was under the 14 be raised intersections but not stop signs or lights or 14 impression that this was Westgate Drive and this was 15 anything possibly running through, is -- was that -- am I 15 Westgate Drive. I wasn't sure. So I know we named our 16 understanding correctly? 16 Kingrs Ridge Drive here. 17 MR. COBB: Yeah, what they -- I believe the 17 COMMISSIONER THIBODEAUX: Thank you. 18 City calls those traffic calming devices because that is 18 MR. COBS: Thank you, ma'am. 19 going to be a wider thoroughfare meant to carry the folks 19 COMMISSIONER STAANGE: Mr. Roy. 20 through that area. We're going to rely on the experts at 20 COMMISSIONER ROY: Let me see if I 21 the City of Denton to tell us what that road needs and if 21 understand how some of this came a bout. F ac ing Westgate 22 it is lights, if it is -- you know, I know it wouldn't be 22 -- I' m going to have to say Westgate Street, because 23 lights within the project, but if it is stop signs, or if 23 that's what we've been talking about, north/south, that 24 it is -~ you know, I don't like speed bumps anymore than 24 facing there~ you agreed with the neighborhood some time 25 anyone else, but if that' s what they view as important, 25 ago to build bigger lots there. PLANNING AND ZONING MINlITES MAY 24, 2006 Page 45 - Page 48 Con den selt 1M Page 49 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 MR. COBB: Yes, sir. COMMISSIONER ROY: As opposed -- SF-16.S there as opposed -- and then SF-16' s and then 10' sand then 7' s, so big lots smaller and smaller. But you agreed with the neighbors, that was part of some agreement apparently to transition big lots next to their large lots. 1 2 3 4 5 6 7 MR. COBB: Yes, sir. That's what they had 8 requested and it even went down to the orientation of 9 those lots. As you'11 notice the 16~OOO square feet has a 10 lot more width than it does depth. And that's for a 11 reason. That's for the appearance of fewer home sites 12 along that roadway. 13 COMMISSIONER ROY: So this was an 14 agreement. And the connectivity that you're showing to 15 Westgate was part of that agreement? 16 MR. COBB: Yes. 17 COMMISSIONER ROY: All right. So it sounds 18 like to me, from the comments we're hearing is that those 19 people who agreed to that before, maybe they're different 20 people. I don't know. 21 MR. COBB: Could be. 22 COMMISSIONER ROY: obviously, the 23 imp lication is that some of the people didn't realize that 24 that was part of a negotiated settlement between you and 25 Page 50 the neighborhood. 1 MR. COBB: And the City. 2 COMMISSIONER ROY: And the City. And it is 3 a typical negotiated settlement where we have large lots 4 and we typically will try to negotiate to have, you know, 5 a transition between and not have, like, 5,000 square foot 6 lots across the street. 7 l\fR. COBB : Exactly. 8 COMMISSIONER ROY~ So I think we have a 9 little history problem here because this project has been 10 going on so long that a lot of the neighbors have either 11 forgotten or they're new neighbors or new residents are 12 not aware of this negotiated settlement, which is 13 presented to us and confirmed by you was part of an 14 agreement So, I mean, it sounds like an additional part 15 of that agreement was to close off the north end of that 16 street. And that r s still in there. 17 MR. COBB: It was, sir. 18 COMMISSIONER ROY: okay. I think I have 19 that clear. The fencing issue, you're saying there was an 20 agreement on what the fencing would look like in the area 21 that this gentlemen was concerned about? 22 MR. COBB: Yes, sir. And that is -- that 23 is a part of the detail plan submittal. It should be in 24 the backup. I t is the same fencing exhibit that was on 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 MAY 24, 2006 Page 51 the previous~ Nothing was changed with respect to that. COMMISSIONER ROY: okay~ I'm going down through my list here. Eminent domain, you have no power of eminent domain. MR. COBB: Absolutely not. COMMISSIONER ROY: YOU have none. MR. COBB: I don't even want to. COMMISSIONER ROY: SO I dontt see that as an is sue. The school property -- did you say that DISD has accepted this property? MR. COBB: We have a letter of intent between myself and the superintendent. I forget the gentleman's name, but that was back in 19 -- it was probably in the year 2000 that made available this property to the Denton Independent School District, and between the school district and the City, they decided on this north/south dividing line~ so that this entire piece of property was divided into a potential school site. It's -- they don't have to build a school here. But it is made available to him and a park site here. COMMISSIONER ROY: okay. Street width, someone brought up the fact that they felt that the streets should be wider than what is shown here. Are you building the streets in accordance with the current Code? MR. COBB: I am, sir. Page 52 COMMISSIONER ROY~ A lot to talk about, housing density. I guess I didn't realize that that was on the table tonight. Is it on the table tonight? I mean, we have a PD with an approved density, is that -- changing the.density, is that -- COMMISSIONER STRANGE: Legal. LEGAL: well, the detail plan is up for review tonight. COMMISSIONER ROY~ It sounds like awning issue and I thought that' s not what we I re talking about here. LEGAL~ oh, okay~ Yeah. I see the density is just spelled out in the original ordinance, apparent! y. And so it' s a matter of a lot layout, it appears to me. COMMISSIONER ROY: would you say that again, please? LEGAL; So it's a matter of the lot layout within the given densities that are provided for in the zoning ordinance itself COMMISSIONER STRANGE: Yeah. We had in our packets copies of what was in the original P.O. as far as the density. And I think the information we got earlier from staff was that everything that has been submitted in this plan complies with these density requirements. So staff can clarify that but I believe that was what was Page 49 - Page 52 Con den seIt TM Page 53 1 said. 1 2 COMMISSIONER ROY: So my understanding, you 2 3 know, regardless of what we may prefer, my understanding 3 4 is the density is not on the table. It is already agreed 4 5 -- it's already approved and thafs not on the table. So 5 6 let me look at my list and the only other one was a 6 7 comment a bout legal notice and I think; you know, staff 7 8 can address that, but I think we talk about fencing, 8 9 eminent domain, school, housing density~ street widths, 9 10 access to Westgate, \vhich has already been agreed by the 10 11 citizens at -- the previous group of citizens who lived 11 12 there; as I understand it. 12 13 And Westgate is going to stay closed. So I 13 14 think I have my questions answered. Thank you. 14 15 COMMISSIONER STRANGE: Lef s just clarify. 15 16 Ms. Chewle, could you clarify about the density that this 16 17 plan is in compliance with the density of the original 17 18 P~D. 18 19 MS. CHEWLE: what we have in front of us 19 20 today is a Detail Plan which is the generic layout of the 20 21 property. The density has approved with the Concept PaIn 21 22 which is -- which has not expired, which does not expire, 22 23 and which is not on the table to discuss today. 23 24 COMMISSIONER STRANGE: Thank you very much. 24 25 Mr. Watkins. 25 Page 54 1 COMMISSIONER WATKINS: Thank you, Mr. 1 2 Chairman. Mr. Cobb. 2 3 MR~ COBB: Yes, sir. 3 4 COMMISSIONER WATKINS: This addition will 4 5 be heated with natural gas; is that correct? 5 6 MR. COBB: It would be, yes. Gas and 6 7 electric. 7 8 COMMISSIONER WATKINS: I remember -- it 8 9 seems like I remember that school situation and there was 9 10 a ten-year limitation on it, was there not? If the school 10 11 district built within ten years, they had the land free. 11 12 If not, it reverted to the developer. Is that still -- 12 13 MR. COBB: I believe there was some time 13 14 limit. I know that it hadn't run and it was a long time 14 15 period~ So-- 15 16 COMMISSIONER WATKINS: But, for instance, 16 17 if this were to pass, it didn t t start then and come 17 18 forward ten years? 18 19 MR. COBB: I believe it did, yeah~ 19 20 COMMISSIONER WATKINS: okay. You know, 20 21 peop le bring their hopes and dreams to us and it t S easy to 21 22 get carried away, but I guess I've got a pretty straight 22 23 forward question for you now~ 23 24 MR. COBB: Sure~ 24 25 COMMISSIONER WATKINS: I'Ve looked at this 25 PLANNING AND ZONING MINUTES MA Y 24, 2006 Page 55 property for a long~ long time. We feed the ducks up there. And I guess my question is waiting and waiting and waiting and probably what some of these people would like to know if this were to pass or something very similar, are you ready to move on it or are we still just talking it to death? MR. COBB: NO. No. That t s the last thing I want to do this go round is talk it to death. If we pass this, I've already released Brockette, Davis, Drake to do the final engineering adjustments to bring everything to Code for the preliminary plat and submit the final plat. Werre trying to do it in June. That's our hope, but it may be July, in which case, we would be breaking ground probably in August, either July or August. We're going to build the project. That's why we've invested the time and money to get this recertified to move fonvard and try to build a really nice project. COMMISSIONER WATKINS: you're completely serious a bout it. Wet re not just talking. COMMISSIONER WATKINS: okay. Thank you, sir. MR. COBB: Thank you. COMMISSIONER STRANGE: Mrs. Holt. COMMISSIONER HOLT: Yes. r d like to clear up about the density. He has built exactly what he can Page 56 build on that property~ he is entitled to build on there. But he could decide to build fewer homes, upscale homes if he decided to. We, as a Commission, cannot make him, but because he has the right to build exactly what's up there. COMMISSIONER STRANGE: Any other questions or any other comments? Thank you very much. We'11 close the public hearing. MR COBB: Thank you. UNIDENTIFIED SPEAKER: I have one -- COMMISSIONER STRANGE~ I'm sorry. We've closed the public hearing. Okay. The public hearing is closed. Do we have any discussion or a motion on this item~ Mr. Roy. COMMISSIONER ROY: The good news here is that the fact that this project has been delayed means that it's going to be built under the new Code. That's good news, I think. The streets -- you know, everything, the layouts, the connectivity, everything is going to be built to the new Code which is better -- and it f S better for the community, better for the City. The big negative that I see right now and -- is a lack of corrununication between especially those folks on Westgate who apparently are not aware of the previous agreements that were reached and I wasn. t involved with it, of course. But I suspect it was probably a fairly rigorous effort that went to -- Page 53 - Page 56 Page 57 Page 59 1 and a lot of give and take on both sides to get that SF-16 1 and then they found out that ordinance. 2 butting up against Westgate. It would have been much 2 LEGAL: well~ I guess my concern is that 3 better if there had been some more recent communication. 3 insofar as this is on the face of the Detail Plan that is 4 And my understanding is that there was no neighborhood 4 being considered tonight and being considered for 5 meeting to discuss this matter. I wish there had been 5 recommendation to the City Council, it lends itself to the 6 because I think that if the folks on Westgate, the current 6 argument that if this Detail Plan is approved that these 7 folks realize that this agreement had about reached, that 7 variances that are spelled out on the Detail Plan are 8 they probably would have a little different attitude about 8 approved as well and we r re not noticed for that on our 9 it. But~ you know, just some comments to start the 9 Agenda tonight to approve any variances. And that really 10 discussion. 10 hasnrt been -- that's really not before the Planning and 11 COMMISSIONER STRANGE: Any other discuss ion 11 Zoning Commission, and I r m as suming that if the Planning 12 or do we have a motion? Legal. 12 and Zoning Conunission is going to make a reconunendation on 13 LEGAL: I guess I r ve got a bit of a 13 the Detail Plan that it would be a recommendation on the 14 question on this, the submitted detail plan. Over in the 14 Detail Plan less this material that speaks to the issue of 15 comer of the third page, there's a bunch of items on here 15 variances thafs spelled out of the lower right-hand 16 that say variances requested for Kingts Row Estate, 16 corner of the page 3 of the detailed plan. You know, I 17 variance to the Mobility Plan, variance to the Denton 17 gues s, you know, is that -- is that something that 18 Development Code, Transportation Design Criteria Manual, 18 comports with -- something that you could go along with 19 Section L1.4 and I guess rm a little bit concerned with 19 with the idea of if thi s Commis sion were to make a 20 the idea of if this is the Detail Plan thaf s going 20 recommendation on this Detail Plan, it would be a 21 fonvardt we haven't really had any kind of discus sion 21 recommendation on the Detail Plan without that variance 22 about any kind of variances or anything else, and it 22 information in it or do they need to modify their motion 23 doesn't appear to be an appropriate thing to have on the 23 in order to address that? 24 face of the detailed plan. 24 MR. COBB~ I would think that those three 2S And r m asswning that if this Detail Plan 25 variance requests would be qualified off the Detail Plan Page 58 Page 60 1 is wbat t s being voted on tonight, that it would be with 1 for its approval, yes. 2 the understanding that that infonnation would be removed. 2 LEGAL: Yes. 3 I think the applicant may wish to address that. 3 COMMISSIONER STRANGE: Thank you. I think 4 COMMISSIONER STRAl"GE: certainly come 4 the last -- before that came up, I had asked if there was 5 forward~ please~ 5 any more discussion or if we had a motion. Mr. Roy, 6 MR. COBB: I just turned to that and there 6 COMMISSIONER ROY: okay. We have a 7 were as the new code, there were three different variances 7 recommendation from staff and I will read it. The Detail 8 or variance types. One was block length. One was those 8 Plan is in compliance with the Concept Plan. That's a 9 pedestrian acces ses. I showed you one of them. And one 9 requirement. It meets all requirements for a Detail Plan, 10 was the variance to not connect Westgate Street as we've 10 therefore~ staff recommends approval for a Detail Plan. 11 referred to it here tonight to Westgate Drive. That was 11 Several citizens brought up points and I think all of 12 the variance requested number one is the variance that 12 those points have been addressed and I just continue to 13 Supriya referred to this evening that was pulled from the 13 see a communications problem rather than a problem with ...... 14 Agenda because the City staff realized that there was an 14 with the Detail PlanA If we act on it tonight, and if we 15 ordinance in place whereby the City had conunitted to not 15 approve it it still goes to City Council for their final 16 connect that road. So that was pulled. That no longer 16 approval. Between our action tonight and City Council 17 has bearing here. 17 meeting ie s going to be a matter of weeks, I would guess 18 Number two and number three; those two 18 would be an excellent time for some communications and 19 variances -- we were told to put this detailed plan 19 we' ve seen, you know, that work several times recently to 20 together the way you see it here. Then number two and 20 everyoner s benefit. 21 number three were pulled off and came to this Commission 21 This is not a requirement. We can' t force 22 on either the last meeting or the meeting before that. 22 that. But it's a good idea, I think~ to talk. So I move 23 And those two were already passed. Okay. So those were 23 approval of Item 4 A. 24 approved and the City wanted to. I gues s, addres s number 24 COMMISSIONER STRANGE~ contingent upon the 25 oneJ with the detailed plan because ifs so inter.related 25 issues of the variances being -- CondenseIt 1M PLANNING AND ZONING MINUIES MA Y 24, 2006 Page 57 - Page 60 Con den selt 1M Page 61 Page 63 1 COMMISSIONER ROY: Yes, rm sorry. 1 believe it would be appropriate to proceed. And it's our 2 Contingent upon the reference to variances on Page 3 to be 2 recommendation and encourage them to make that happen. 3 struck. 3 COMMISSIONER STRANGE: okay. I think 4 COMMISSIONER STRANGE: okay. I bave a 4 that r s now in the record of what our intent is. That t s 5 motion. r..1r. Watkins, do we have a second? 5 what I was trying to accomplish was to get it in the 6 COMMISSIONER WATKINS: Mr. Chairman, I 6 record. So we do have a motion and a second for approval 7 would like to ask if my com padre would accept a friendly 7 of Item 4 A. Any discussion? Mrs. Guzman-Ramon. 8 amendment. I personally am having a lot of problem with 8 COMMISSIONER GUZMA.'l-RAMON: And I would 9 Westgate Street, half of it curb and guttered and the 9 like to put my comments on the record just for -- so City 10 other half not. And I know that we can't tell City 10 Council can have these when they're making their decision. 11 Council that they have to do the other side of the street, 11 First; I would like to applaud the efforts made by Mr. 12 but would you accept an amendment to request that that be 12 Cobb. I think this does look like a nice development, 13 considered if we send this forward. I will second the 13 however, I just -- I am too afraid that it's really going 14 motion if you'll take a friendly amendment. 14 to produce too much traffic on Westgate and maybe even 15 COMMISSIONER ROY~ If legal agrees that we 15 Bonnie Brae because those really are the only outlets. I 16 can do that~ I certainly -- 16 know therer s going to be traffic studiesl but I don rt 17 LEGAL: YOu can make your recommendation 17 really believe there's enough streets, enough out streets 18 to the City Council on that. 18 or in -- to go in or out of the development. And I just 19 COMMISSIONER ROY: okay. So the -- 19 fear that it might just be too much right now at that 20 COMMISSIONER WATKINS; okay. Then I r II 20 place. So I will be voting against the motion. Thank 21 second. 21 you. 22 COMMISSIONER ROY: -- idea is that that we 22 COMMISSIONER STRA.NGE: Any other 23 would pass it on to Council and encourage them with 23 discus sian? If not, please, vote. 24 completing the other side at the same time as the 24 (COMMISSIONERS HOLTt THIBODEAUXt AND 25 developer is -- 25 GUZMAN.RAMON VOTING IN OPPOSITION,) Page 62 Page 64 1 COMMISSIONER WATKINS: Yes, if this is 1 (COMMISSIONERS STRANGEt WATKINS AND ROY 2 going to be a major in and out then it should be nice, if 2 VOTING IN THE AFFIR.M:A TrvE.) 3 wetre not going to open the other part of it. 3 COMMISSIONER STRANGK And we have three 4 COMMISSIONER ROY: I was with you until 4 yes's and three no t s which in my understanding is a denial 5 just that last point. It t S not going to be a ma jar in and 5 so it will go to Council as denied; is that correct? 6 out, because therets not going to be -- the north end is 6 LEGAL: NO, actually under our procedures 7 going to be closed. So itts -- 7 here and Wlder the State law that a tie vote is a failure 8 COMMISSIONER WATKINS: That's true. But 8 of the motion, however, under State law and under our 9 they go to Windsor~ And they go from Windsor to 35E or to 9 procedures that the Commission is required to give the 10 Bonnie Brae from there and I don. t mean for the Council to 10 Council a report on it only in the event that it is flat 11 consider doing the whole stree~ but where this 11 denied will it trigger a super-majority vote. Otherwisel 12 developmen~ where the developer does one side, r d sure 12 it goes to Council on consideration under a simple 13 hate to see the other half Dot done. But it is just a 13 majority unles s, of course, somebody wants to make another 14 recolnmendation. 14 motion u somebody might want to make a motion to deny, 15 COMMISSIONER ROY: I agree with you~ 15 which could potentially trigger a super majority or 16 COMMISSIONER STRANGE: I think we need to 16 somebody might want to rephrase a motion to approve. 17 be clear that our motion is either for or against the 17 COMMISSIONER STRANGE: Does anyone wish to 18 approval of what's been submitted and if you want to 18 act on this further or do we want it to go to the Conne il 19 attach on something else, that doesn r t become necessarily 19 as we have submitted it? It appears to me that we're 20 a part of the approval. I mean~ if the City Council 20 going to send it on 10 City Coune it. 21 decides not to pave the street, that we shouldnrt have 21 We'll go to our next item which is going to 22 contingent the whole -- 22 be Item No. 4C which is a public hearing for a Specific 23 COMMISSIONER ROY~ No. I didn rt mean 23 Use Permit for a veterinarian clinic located in a downtown 24 contingent at all and I don t1 think Cormnissioner Watkins, 24 residential area at North Locust and 3rd. 25 but it' s just bringing to Council's attention that we 25 I think had the request for maybe a PLANNING AND ZONING MINUTES MA Y 24, 2006 Page 61 - Page 64 Condenselt 1M Page 65 Page 67 1 five-minute break, and that will also let the chambers 1 2 clear for our next hearing. So let t s take a five minute 2 3 break and we t 11 reconvene at about 8: 2 7 ~ 3 4 (Break taken.). 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 Page 66 Page 68 1 1 2 2 3 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 MAY 24, 2006 Page 65 - Page 68 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2000-008 TO PROVIDE FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND LAND USE CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 194 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FORA SAVING CLAUSE; PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0005) WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a change in zoning for 239.1 7 acres of land to Planned Development 115 (PD-115) zoning district classification and use designation, as more particularly described therein; and WHEREAS, on January 4, 2000, by Ordinance 2000-007 the City Council approved an amendment to the Concept Plan for Planned Development 115 (PD-115) zoning district classification and use designation for 230.11 acres, as more particularly described therein, and WHEREAS, on January 4, 2000, by Ordinance 2000-008 the City Council approved a Detailed Plan for Planned Development 115 (PD-115) zoning district classification and use designation for 193.88 acres, as more particularly described therein, and WHEREAS, on May 24, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, without reaching a consensus on a recommendation for the approval of the detailed plan; and WHEREAS, the City Council finds that the amendment to the detail plan is consistent with the Concept Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance 2000-008, providing approval of the Detail Plan containing 193.88 acres within the Concept Plan for Planned development 115 (PD-115) zoning district classification and use designation, is amended by the approval of this amendment to the Detail Plan for approximately 194 acres attached hereto as Exhibit "B" and incorporated herein by reference, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference. SECTION 2. The provisions of this ordinance as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinance 2000-008, but all the provisions of Ordinance 2000-008 as they apply to the regulations of the district not herein amended, shall continue in force and effect and shall apply to the said district. Page 1 of2 S :\QUT Documents\Ordinances\06\Z06-0005.doc SECTION 3. A copy of this ordinance shall be attached to Ordinance 2000-008 showing the amendment herein approved~ SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable.. SECTION 5~ Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,OOO~OO.. 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage.. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ CITY A TT ~- ~/". ~" ,,~.,f''''<'; Page 2 of2 EXHIBIT A FIELD NOTES 193.888 ACRES BEING all that certain lot, tract or parcel of land situated in the F Batson Survey Abstract Number 43 and the N Wade Survey Abstract Number 1407, in the City of Denton, Denton County, Texas, being a portion of that certain tract of land conveyed by deed from Henry W Beckman and Gerald J Lafountain to John Linn Smith and wife, Dorothy Smith and Dillon Francis Smith and wife Earla Joyce Smith recorded in Volume 3071, Page 88, Real Property Records Denton County, Texas and being more particularly described as follows: BEGINNING at an iron rod found for corner in the west line of the R Beaumont Survey Abstract Number 31 and in Bonnie Brae, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Life Tabernacle Church of Denton to City of Hope Church Ministries of Denton recorded under Clerk's File Number 97-R0014615, Real Property Records, Denton County. Texas; THENCE N 890 51' 29" W. pass at 454.88 feet the northeast corner of that certain tract of land conveyed by deed from John Linn Smith and Dillon Francis Smith to Billy D Harvey recorded In Volume 593, Page 33, Deed Records, Denton County, Texas, pass at 906.88 feet the northeast corner of that certain tract of land conveyed by deed from Clinton W. Twaddell and wife, Elizabeth Twaddle to Joe G Wright and wife, Joy Wright recorded In Volume 614, Page 500, Deed Records, Denton County, Texas, pass at 1366.37 feet the northeast corner of Westgate Hills North Phase III, an additional to the City of Denton Denton county, Texas according to the plat thereof recorded in Cabinet P, Page 43, Plat Records, Denton County, Texas, a total distance of 2727.74 feet with the north line of said City of Hope Church Harvey and Wright tracts and with the north line of said Westgate Hills North Phase III to a nail found for corner in Westgate Drive, a public roadway; THENCE N 000 07' 46" W, 2906.20 feet with said Westgate Drive to an iron rod found for corner; TH ENCE N 000 30 11" W, pass at 474.43 feet the southeast corner of that certain tract of land conveyed by deed from J and L Partners to Rancho Vista Development Company recorded in Volume 2695, Page 465, Real Property Records, Denton County, Texas, a total distance of 1348.13 feet with said Westgate Drive and with the east line of said Rancho Vista Development Company tract to an iron rod found for corner at an Inner ell of said Rancho Vista Development Company tract; THENCE N 890 45' 35" E, pass at 377.10 feet the southwest corner of that certain tract of land conveyed by deed from B F Johnson and Willie Mae Johnson to Debra Johnson Morgan recorded in Volume 3245, Page 809, Real Property Records, Denton County, Texas, pass at 645.1 feet the southwest corner of that certain tract of land conveyed by deed from H R Perot, Jr, to Hillwood Land/Denton, Ltd recorded in Volume 2470, Page 690, Real Property Records, Denton County, Texas a total distance of 1080.01 feet with the south line of said Rancho Vista Development Company and Hillwood Land/Denton tracts to a point for corner; THENCE S 000 30 11" E, departing the south line of said Hillwood Land/Denton Tract, 730.69 feet to a point for corner; THENCE N 780 43' 27" E, 260.56 feet to the beginning of a curve to the left having a central angle of 240 05' 20", a radius of 700 feet and a tangent of 149.36 feet; THENCE along said curve to the left, an arc distance of 294.30 feet to a point of reverse curvature to the right having a central angle of 350 21' 53", a radius of 530.00 feet and a tangent of 168.96 feet; THENCE along said curve to the right an arc distance of 327.13 feet to a point for corner; THENCE East, 840.85 feet to a point In Bonnie Brae; THENCE S 000 10' 35" W, along Bonnie Brae, 60 feet to a point for corner; THENCE West, departing Bonnie Brae, 840.67 feet to the beginning of a curve to the left having a central angle of 030 41' 12", a radius of 470.00 feet and a tangent of 15 13 feet; THENCE along said curve to the left an arc distance of 30.24 feet to a point for corner; THENCE South, 356.68 feet to the beginning of a curve to the left having a central angel of 030 15' 12", a radius of 470.00 feet and a tangent of 13 35 feet; THENCE along said curve to the left an arc distance of 26.69 feet to a point for corner; THENCE East, 843.11 feet to a point in Bonnie Brae; THENCE S 000 10' 35" W, along Bonnie Brae, 60.00 feet to a point for corner; THENCE West, departing Bonnie Brae, 842.92 feet to the beginning of a curve to the right having a central angle of 020 53' 05" of a radius of 530.00 feet and a tangent of 13.35 feet; THENCE along said curve to the right and arc distance of 26.68 feet to a point for corner; THENCE South, 53.32 feet to the beginning of a curve to the right having a central angle of 130 53' 23", a radius of 1500.00 feet and a tangent of 182.71 feet; THENCE along said curve to the right an arc distance of 363 63 feet to a point for corner; THENCE N 890 56' 37" E, 912.19 feet to a point in Bonnie Brae; THENCE S 000 10' 35" W, 540.01 feet along Bonnie Brae to an iron rod found for corner, said point being the northeast corner of the remnant of that certain tract of land conveyed by deed from Dillon F Smith and wife, Erla Joyce Smith to John Linn Smith and wife, Dorothy Elaine Smith recorded in Volume 1487, Page 74, Real Property Records, Denton County Texas; THENCE S 890 56' 37" W, 988.35 feet with the north line of said remnant Smith tract to an iron rod found for corner, said point being the northwest corner of said remnant Smith tract; THENCE S 000 13' 25" W, 1448.49 feet with the west line of said remnant Smith tract to an iron rod found for corner, said point being the southwest corner of said remnant Smith tract; THENCE S 890 30' 41" E, 61.16 feet with the south line of said remnant Smith tract to an iron rod found for corner, said point being the northwest corner of that certain tract of land conveyed by deed from Lyndal Carey to Eric Fullerton and spouse, Maria R Fullerton recorded under Clerk's File Number 95- R0008696, Real Property Records Denton County, Texas; THENCE S 000 48' 12" W, 237.62 feet with the west line of said Fullerton tract to an iron rod found for corner, said point being the southwest corner of said Fullerton tract; THENCE S 890 11' 59" E, 931.03 feet with the south line of said Fullerton tract to a point for corner in said Bonnie Brae, said point being in the west line of said R Beaumont Survey; THENCE S 000 10' 35" W, 669.48 feet with said west line of said R Beaumont Survey and with said Bonnie Brae to the PLACE OF BEGINNING and containing 193.888 acres of land. EXHIBIT - B OWNER: e INTERMANDECO g 1401 BURNHAM DRIVE PLANa, TX 75093 PH 972-964-9050 FAX 972-964-0131 s.. ~ ATTN.: CARY COBB OVERALL SITE PLAN PD-115 Z06-0005 C3 BROCKETTE · DAVIS · DRAKE, INC. e::> e::>consulting engineers Civil & Structural Engineering. Surveying 4144 North Centr~I21E:~,:~~:~ .s~~~ ~~~~ 8~~~::s. Texas 75204 KING'S RIDGE EST A TES CITY OF DENTON, TEXAS WESTGA E F/ARK G SUBDI ISIGN V 0; SF 16 1-- I~ o ~ "U "U o 0 0 0 "0 "0 "0 "0 o 0 0 0 (J) (J) (I) CJ) (I) (I) (I) (I) Q. Q. Q. Q. (f) (f) o 0 ! ! (f) (f) (I) (I) ~ ~ (I) (I) r a r -c:o 0 C;;>~~~~~ ~U)~~~~ ~r- ~-a~ ~o (]1U) am II II II CD !'lO II II N~(]1- VIe Nz!'l~VI"" N.~ ~~~~~~ .~ .~ N CXl: rar-t::oo amllllllCD II II N~"",,- NU)OlVl-..j.... !'l m0.l~a &l. ~ 10. (]1. 8. ~ ~ ~ ""': ~ h@!jIIr~~ ~~~~~:: ~~~u_~_~ """: ::E I I I I ~Ih ~ ~ I !I ~I I (]1 VI ::E ~. g ::E ~. .S: s: fTl" aJ :::Oc Q-j ^ )>C ~ -; ,:::0 -; ""'-fTl ~ 0 ~ CXl ~ """ ~ N .0 .0 s: s: aJ fTl r :::0" ^ OC (/) ); ~ (/) r:::o ""'-fTl ~ ~ "!. \ ~ _ _~...f!!Qf.OSED 10" ww- _ ~ ~(j)~ ~-o NO I I I I ~ ~ j ~n ~~ ~ ~ ~ l " aJ s:C ^ ,,-j IC 8 ~fg "tI> ::tiC 0<- ~~ dd ~~ ::Eo ~~ $~ ~lD ~r'l r'lO >0 oz :1:-1 > zz ~~ Sl~ I~ ~i ['1~ (f) ~ ~. N o. c ~ ~ rar-t::o C;;>~~~&~ ~z~?l~~ ~ ~ ~~.8.~ . 10 (]1 ~ ~ (]1 VI .0 . 0 s: ~ ~ ~~ :g Zfg ~ ~ II "1. ~ ~ ~U) 8.9 o ~ ::E BONNIE B ~E (PROPOSED 100' R.O.W.) PR~EO 12" WL ~~~ ~(ji -------- ~~ e g OWNER: INTERMANDECO 1401 BURNHAM DRIVE PLANa, TX 75093 PH 972-964-9050 FAX 972-964-0131 ATTN.: CARY COBB PLANNED DEVELOPMENT DETAILED PLAN PD-115 Z06-0005 C3 BROCKETTE · DAVIS · DRAKE, INC. C:::>C:::>consulting engineers Civil & Structural Engineering . Surveying 4144 North Centr~12;:~:S:;':~ .s~~~ ~~~~ 8~~:~:s, Texas 75204 KING'S RIDGE EST A TES CITY OF DENTON, TEXAS s.. ; I"'" ~~ I.......... ~~~ L ~.~ I ~~~ (~ ~ I ~~ 1~=5\;J~'i~\ ~ I ~~ ~~ ~;: "-I ~qJ ~ IP?O ~~?= I ~~-1j)- ~~~~ ~: / v h fA....... -1u-?, / ~ II' ;~~f< .. : $f I I d ;:'~'~ j' I rr- ,1 ';#! :wo, \ ~~'" -r-I ,1/i!n:1~;~\1 ~ CI ~ ~~I -1-J~ I I{~~ ~ ~ ~ I t; ~ ~ \ ~ ",~'i' ~::O: 8" w:: ~}~~~!+4I,--r ~ rl ~ - r i~.I; ~ ~ t;1 ~ ~ ; I ~ I: ^I I -r- I ~ I "I ' ~ ~~~)>~I!6--+- j I II I ~ ,0 """ G) ~I 0 3: all G) I ~ I>>J ~ <2 -~~I~I~; I l'\ IQ il!i 5 I ~ I I \' \ J \, .J I! ~~ r-----t- ~ ~ I ~ .1 f~ \ 2S B G SElBACK --- ~ /~. . ;~ ~ I I I \ \~' ~8LD:SETEACKJ H- -- ~ ~~ ~: ~~= m ~ m L. ~CK~ - ~ETE~)f' ~ ~~?t~~ ~J-- 0, ~.....,'Itl" ~-""""'-'~~r~. _r.t ~ 1 I-~ -"II PROPOSED 509 R.D.W~ 03S0~; (e ~SETBAC I- - - t; ~;. ~I )> 'S' SET8ACK~ I I 25' BLDGSETE ~ - ~AC"l , --\..-- ~. I : ~I' _IT ll~ !! ~ ;------.~ i . L-! S OO'4jl'12" W 237.62.n ---Ln '!~ ~ r'l 5~,- ~ ~ I 0l(J1 ! I~;I' L ~8LD~TE ~ _ ! ~1! -r-- I ~ffi ---LI!6 ~ ~ G ~ '" -~ I ~RWOSED 8" ww- BARON DRIVE I ~ ~ --+ I . PROPOSED 8' \It P~OPOSED 50' R:O.w:)Ii I~ ., '00 ('Tl Ii -th I. --. ,~'~~J 'IrI= ~i i P ---r-~~I! !~ti~ ~ ~i- L ~ ~ ~~.., ~ I g~~,1 ~ I ~ ~0SEIl DUKE DRIVE t '~RCP _ ~ u, ~ OJ I I ~ PROPOSED 50 R.O.W. 8 WW ~ II~ ---U ~ ~ - ~ - "~~il I /.~.~.~ ~_ u, '" I ~~ I~ ~ ~ f--- ~ I gQ~ ~c:; ----L:" U ; " , 1 ; ~ ~ +-- ~ ~ I; ; I~ r---r ~ ~ I~ ~ ^' ~L -"~."- - ~ I. ii > O!.~~ ~OP~E~ _ ""'" --"" v,=---=-= s:: \ 'l> -PRa'OSED 8" _ '('PROPOSED 50' R.O.W.)- I ~~-< ~ :o~ ~ - ~ I '20' ALLEY ) ; ~ ,,~ I - 2S 8LDGSErnA K -1 ~ )>~ . ~ ,"~8~E~ I "---'1 PROPOSED 8" ww N 00'{8'10" E 246.80' l~. (PROP. R~ ~.~~.~~I;~~O~[, 5 5 ~ ~ ~-- EX RO;r ~/ ~ ~ =>0 (.NO J> ;:0 n :r: ill \J J> -< Z fTl ------WCC'Tr::: TC C'TnrrT - ~ I I __ .. PIlmlQSED .8.-4- I \ L(PR~ 25' o.D.W D~'CA~ON~='~:~i,:: 1'1 ~ \~~~ ~ ~ ~ ill! !!I'! ~" !I, I ~~" m ~~ ( \\ ~5J! ~~ ~~ II ~~c ~I ~: y ~~ ,,' ~~~'<1: HM'1 '~ Q ~~~5 ;'"r ~ ~ G) ~ ~ l>~ ~ ~ ~ ~ ~~ - (J))> (,J'-J OJ(J)~~ o r'l-i ~ (J)[T] G) o I '--..) )> ,PROPOSED 8 . ww 0'"''' .11 C" i=lR 11 ~ (PRnpnc::m'1nn' R n w OWNER: e "' INTERMANDECO g 1401 BURNHAM DRIVE PLANa, TX 75093 -f- PH 972-964-9050 ~ FAX 972-964-0131 s.. ATTN.: CARY COBB PLANNED DEVELOPMENT DETAILED PLAN PD-115 Z06-0005 1"=100' :::: I. --.j WILLlA~ THOMAS HALL o ~ -EX 6" SAN~WR-l 1- --.j @ ~ -1 X J> (j) WESTGATE PARK N SUBDIVISION N SF e-16 < r= Oc..... c: ~~ig~~ zgtn ~ .~ '5: ::;;:;: ~ =CN ~. ~ 708.09 fl ~ - ,- - - - +- - - -'--- - - - - JC"~. TC"- CTi5'C 'T - -----:;- - - . . ~ ~ ;j ,-- ~ iE -I'- ~I'~~~'- r~---f:~'~ ---i'---~f.i~'~lFj~L- !---~I : WJ ~ \ T ..r ..1. OJ ~ 1 '11111111'111111,1 ~ 1 ~ \ \ ~ II -+ ~liilllllll.llllllii!11 I ~ I ~ L - - t - - t - ~~ ....._r - - "'\ / /. '- -"""'''' ~ - J" ! I---t-.. -_, ~ SOVEREIGNTY DRIVE M" I. ___....-=EET ~I I PROPOSED 8' \It PROPOSED 0' R.O.W. h)! \ (DOn< ..,<::." ..r' ',.,-w 30' H<O<A. PEDESm'AN ~ 1 I - '5"8LDO SEmAcK - l I "'-8LDG SETEACK I ( I I - ~ BLOGSErnACl- - l I I ~CCESSWAY I \! It;< NI 1 () I I 1 I I I ~ I ~ ~ i I~ ~I ~ ~ I I ~ 1.'lillll,llllli!II'111111 ~ I I ~ ~I ~I~ I~ ~I ~~ I I ~ ~~ I I ~ ~I t ~ I I ~ ~!~ ~~! ~ ~~g~ :1 '" I I I;E t ~ I I ~ ~ I~ I,.. :1 ~ ~ ~ i It;. ~;I ~ r----rr. I'"~ I;~ II'~ 'I'!i 0 I! ; ~ I ~lLW! ~ ;1, , .~~ !! J~ . II "BLO ^ ~ ! ~ I k I I t.Yo.~'<~ --XIf G Sf I m~ ~" ....::,;-----.L I~ 20 ALLEY l;! ~ - ~ - - 54'RcP- I ~ ~LO ~\ f 1m: ~ I T ~ ciP't,O-:::: ..:.----- ~PROP05Eo 8'1tW_ PROP~ __ ~ --- -J "!.! ~I 1 I I q c I ~ ~~ - - - - (PR:~~MOOi; DRivr- ~ ~CK JJ q L ~ ~SE~ _ ~ ~ I "1\01- e,p,e I ;;- ___ ~ 65 R.o.w,) J9'RCp- _ _ i ~ _ ~ _ _ L ./ _'- I g' "BLOG "'ACK ~ [ID~SfDI2'~ r . -::::,8:,:- \ n2D ALL ::: ti . ~I f "'Bi:DGs"B;;;- - ITn v Ey ..:: ~ ;E I~ CK 1 I r: ---,s' =-SE= - :1 I ~ :1 ~ ~LLEY ~ ~ ~ ~I I~ I~ ~I I~ I ___ _ I_~8LDGSE~ j ! I ~ I~ ^ 20'ALLn ~ ~ ~ i I!,u CRUSADE DRIVE ~ I I I ~ ~ I ~ 20' ALLEY 1 i]: I~ ~50'R.O.W. I I~ ~I~ I I I~~ \ -'58LoG~ACK l ~ ~ :; ~ ~~ ~ ~ I; OJ I~ tJ I~ OJ ~I I~ ~ \ ~ ~ ~ ,~ 0 ~n;1 ~ ~ I~ ^ I~ ~ I~ ^ gl ~ ~ \~ OJ g tJ -< I~ : 0, ~ I~ Z I~ s 1 ~ I~;o ~I 9 ~ I~ : ~ I ~ ~ I I ~! I~ I ~ ~ I^ ^ ~ i I I ~Il I I ~ ~ I I; I I ~ L ~BLD SETE~ ~ ~; L _ ~8LDG SETE~ _ ~ J I~ Ie? L ~8LDG SETE~ ~ 'I~ L ~8LDG SETE~ ~ q ~ =-~""- - - ~I;t~< ~"[ft~ ~ - ~l1'- -=PR'1lIllitll'1 w'IF- - + I I m:,,-w_ - ""~."i-i- ~~~- - ~~""'.H-='~ ~I : Ii I>> ~ OJ :1 ~I ~ ~ ; ~I I~ ~I I I L - - - - 1--2S~ -n - I- - - I- ~ - -I- - - l- ~ l I ~ ~i ~ ~ ~;I'i; p ~:ii Zl/) ~~ ii'i-<: ~ PillifoSED . ww- PROPOSED \It l~ ~ ~I ~I , ~ RIUMPH DRIVE (p~ npnc::.n ..n' R r 2S' 8LDGSETE ~ -1- .I~ I~ -1-11 - PROPOSED 8' WW- PROPOSED 8' WL ~1~~ ~ r ~tLD_! 1-; ~ ~ ~ i~ ~ 5 ;~~ k.ll \ S 00.1325 W 1448.49 JOHN UNN SMllH & DOROlHY ELAINE SMllH VOL. 1487, PAGE 74 R.P.R.D.C. T. 1 )> ~ a ~ ~ o 0 "tI)> III 0 1TI00Z ::tiC ;ac )>OITlO Oc:... a~ Q~~r.l s)> ~~ "tI1 1m )>1Il dd ;i;~ ~~ ~~ i :IE 0 ;r.l ~~ )>0 ~~i~ ..,;E ~~ ~f;i!l! ~F d~ !'l~ ;;l ;a m mill ~ITI ~~ ~ 10 ~ 18 ~ (j) ~ 18 Ul Ul ;:;: Ul Ul ~ ~ ~ ! fl o ;;:: [ ro N< WADE SURVEY A/1407 AR. BEAUMONT SURVEY Af31 =t= --r- C3 BROCKETTE · DAVIS · DRAKE, INC. C:::>C:::>consulting engineers Civil & Structural Engineering . Surveying 4144 North Centr~12;:~:S:;':~ .s~~~ ~~~~ 8~~:~:s, Texas 75204 KING'S RIDGE EST A TES CITY OF DENTON, TEXAS ~~ ~ ~ ~ ~ ~ ~ ~~ gg ~~ 0;0 i5 () ~-t )> 0~ 7-0" !ll !ll !ll!ll r ~ ." " . 3:: () i ...., ...., ~ ~ )> )> ...., (f) r !ll 0 (') !ll !ll !ll!ll z ~ ~ ~~ ::0 f'T1 ." ~ 0 ~ j S ~ .5 ~~ )> (f) ::0 (') ~ !!l ::0 f'T1 p ." pp f'T1 0 ~ S - ~~ Z 0 a - ~ "'T1 )> f'T1 lll~ ." q "lo III 5it;. r Z / ~"<:t r (') t lD" )>U) i f'T1 !ll~ !ll~ ~~ :OJ;! (f) q ~Iq ~I ~~ CUI ~~ ~ (') ." ." ." ~~ ::0 I~ I~ ~~ f'T1 /' Z:o -iC f'T1 ~~ OlD Z lDO !ll~ F~ ITIZ !li!ll )>c 0 q ~I Fo f'T1 ." ~~ ~E -t j I~ ~! ~ C~ )> ~ ~ r ~~ "=a ~ (f) (5 Z o~ ~ ~g:;~~~ i ~ i ~ ~ ~.~ ~~ f.~:~ ;~ CD= ~~ ;~ $D~ ~~ :~ :~ !~ ~t>> J[ "'~ I! ;~ ~~ ......:-:: 2.~" a: CD !~ ~g" ! ~ .!g_" lQ" .0 n < [~ ~[ " ~ ~ 0 ~ :'-IF'~~ \0'> ~ "'I~ ~ ~ U 8; ~ ~~ ~ ~.... ~ ~ 6lVl n 01= ~ ~ 0 ~ ~~ g ~i ~5~i~~~;~ n ~ ~ :~ ~ u ~ ~ ~ =~ ~ ~Ul ~ ~ ~ m i~ ~ 2~ = ~ ~ -l >~ ~ ~~ · -l ~ ~ ~ ii g ~~ ~ ~ ~ e ~: ~ ~~ i! ~ ~ ~-e 01 ~ ~ ~ ~ ~ i~ ~ ~I ~ ~ i! nO ~;17;9 ~ ; i ~ ~~ ~ ~~ ~ ~; ~i r ~ i ~ ~~ ~ ~ . ~~ ~ r- ~ ~ m~ ~~ ~~ I ro~ .I~. ~~ m~ i~ i~ ~_; l~ ~"~ l~ ~- ~~ ~~ IQ .".iIQ.l:-'" in i ~'"~ I! ~~ ill! II II ~[i ii ii ~~~ ~~i ~g-~ g~"~ TJ st ITI UlCbUl ~[~ ~m illl ili e g OWNER: INTERMANDECO 1401 BURNHAM DRIVE PLANO, TX 75093 PH 972-964-9050 FAX 972-964-0131 ATTN.: CARY COBB PLANNED DEVELOPMENT DETAILED PLAN PD-115 Z06-0005 C3 BROCKETTE · DAVIS · DRAKE, INC. C:::>C:::>consulting engineers Civil & Structural Engineering . Surveying 4144 North Centr~12;:~:S:;':~ .s~~~ ~~~~ 8~~:~:s, Texas 75204 c:.,.:) ~ '--I :;)" mo OCD)> - -i ;;o"Ul UlUl UlUl Ul"" ~ 9e-~ ~~~ N ~(iJm 'Ul UlUl ' CD CD UI ~~ S" S" ~~~ :; rom CD :3 c ~~ ~ ~ --< ~~ ~~ ~ ~ ;~~ o::>W )> -i ~~ ~~ ~~ ~~~ ~ Ul ~ O--J (J1 0::> 0::>0 woo ~i ~~ Cil~ ~ cr, 00 O--J~ ..j:::o.WOO ~f 0 ~ w ~~ ~oo ~~ 00 O~ i~ w ~B~ ~ffi ~~~ ~~ );~ ~~ ,,~ ~~ ....'2: ~r~~ n'" :i~i ~~ ~ ~; () rn- ITI~~ ~ 0 E ~ z () (f) ;0 6 rr1 I~ ~ fTl -i ~ ~.~ I~ rr1 ~ '." fTl ~ ,- d ~~ fTl ~ ~ ~ 0 -j rr1 ~ (5 :E a z )> E --.-b ~ r 1 ^ en ~ :::j "l. m ~~ ~.::::. 4" ~ 0 ~~ m ~~ ~~ < I;:1Q m ~~ ~~ r ~~ 0 ~~ I ""'0 ~~ 5'-0" USUAL :s;: ~~ 5'-0" ADJACENT TO m ~~ ~: CURB Z --l ~; j~ 0 :j :t> --l :t> AJ CN ~ ~1 ! lEa ~~ o ~~ i~ -u 2.; ~~ (to ~~ ~~ [~ i~ ~} q~ 2. ii" o~ ~: 2.<<> ~! [~ a 1~ :~ ~; ~i ~~ ~~~ -. M [~~.~ ,., o ~ ~ 0 i ~ gp. ~: ~} ~g H ~'~ =: o Cb ~ ~ ~;;:"l,," {!:;"" '" ~ ~~ ~~ ~~ ~!o ~Cii" ~~ :~ tf ~~ ~i, 1~" 2.; 5" 5" ~ ~ !~ 5" 5" !~~ s.~ ~"o ~.~ ;1 ~.~ l~ ..~ ~ ~.~ ao ~~ ~~ ~~ ~~ II- i.; ~: !Do 2.~ mg ~ i'~ ~ ~ '" .... 0 ffi. a 5.~ Ii 2. g ~i ~ N o o. Ob~~8~ I!il!! ni~ii fill! ~[[~~ ~s=JJ)~~ 2.~~oi' II!!! i!l!! g ~~ ~"~g ~ ,6' ~~ ~ 9~~ ~ [~ J. !~ 2. [~ ~ ~~" m .01 [[ m wfi I!il! !llil KING'S RIDGE EST A TES CITY OF DENTON, TEXAS ORDINANCE NO. C}3 -/08 AN ORDINANCE OF THE CITY OF DENTON I TEXAS I PROVIDING FOR THE INDEFINITE CLOSING OF WESTGATE DRIVE NORTH OF BARROW STREET; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Westgate neighborhood has indicated a desire for the City of Denton to indefinitely close a portion of Westgate Drive north of Barrow street: and WHEREAS, the indefinite closure of a portion of Westgate Drive north of Barrow street has been approved by the citizens Traffic Safety Support Commission and the Planning and Zoning commission; and WHEREAS, it is determined to be in the best interest of the Westgate neighborhood and the citizens of the City of Denton to indefinitely close a portion of Westgate Drive north of Barrow street; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a portion of Westgate Drive north of Barrow street shall be indefinitely closed as a public street or thor- oughfare. SECTION II. That the City Manager shall direct the appropriate City department to erect traffic control devices in order to imple- ment the indefinite closure of this portion of Westgate Drive. SECTION III. That this ordinance shall take effect and be in full force and effect from and after the date of its passage and approval. ,~ (1._ PASSED AND APPROVED this the !..2!:.. day of ~ I 1993. ATTEST: JENNIFER WALTERS, BY: ED AS 0 LEGAL FORM: A. DRAYOVITCH, CITY ATTORNEY BY=e 0--. O~-~_/"-- e:\wpaocs\ord\westgate.o ...... ...... ; .1 .II /.I./) or! J J..... -J 'f~f;~' .Y---"'~ : ~~, ~ ~ r~1 . ~i ~ .... <' · f 1375L' .'\, ., NO. ,?J'(p- In I i i , ; : AN ORDINANCE,: AMENDING THE ZONING MAP OF, THE CITY ,OF ,DENTON, TEXAS" AS SAME WAS ADOPTED AS AN' APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON" TEXAS" BY ORDINANCE NO. 69-1, ',AS AMENDED, AND AS SAI D MAP APPL I ES TO 239.,1 7 ACRES OF, LAND, LOCATED "WEST", OF 'BONNIE BRAE' STREET. ,EAST OF WESTGATE DRIVE t ' , NORTH OF PAYNE DRIVE, AND SOUTH OF U. S. HIGHWAY, 77, AS' IS MORE ,PARTICULARLY DESCRIBED HEREIN; ,TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL uAu 'DISTRICT CLASSIFICATION' AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY' IN A MAXIMUM, AMOUNT OF $1 t 000.00 FOR VIOLATIONS', THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. , THE COUNCIL' OF THE,CITY OF DENTON,'TEXAS, HEREBY ORDAINS: SECTION I. , ! ' Tha t the' zoning class ifica t lon and 'use" des igna t"ion' of t'he, real property described in Exhibit irAn, attached, hereto and incorpora t ed here in by reference t is hereby 'changed from " Ag r i cuI t u r a 1 " A ", D i 5 t r i c tel ass i fie a t ion and Use , des i g n a t ion t 0 'Planned Develqpment UPDH' Di strict Classificat ion and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. ' ,SECT ION' I I . . : , . That the ffdevelopmen't, concepttl 'site plant attached hereto as Exhibit B ,and incorporated herein, by reference, is approved as a .preliminary site plan for the.district~ Any comprehensive site ',. plan requi red to be subrni tted here i n shall n'ot be, incons i s't erit 'wi th the' development, concept si te plan. Any amended concept plan submi t ted for approval shall show and' include the whole district~ SECTION III. ; , i , ; That the distri"ct herein approved shall be' subj ect to the following conditions. restrictions,' and limitations: 1. ,Prior to 'the beginning of any' ,development or construct ion 'within the district. or of any parcel of land or phase thereof, or the issuance o"f' any building permits therefore, a detailed comprehensi ve si te ,plan for the parcel, of land for which' development is proposed, whether one or more, shall' be submitted for, approval in accordance with the provisions of Appendix B - Zoni ng of t he Cod e of Ord i nance sand the requi remen t 5 of' t hi 5 ,ordinance. The comprehensive , site plans required herei n shall .be submitted in'the manner and ,form acceptable to the Department of Planning ~nd Com~unity Development and"shall show or cont~in ,information ,as to all proposed land uses, development, standards and regulat ions to be applicable therein, including, but not limited to, the, location of all buildings and structures, streets, parking and loading areas. ~recreationt open spaces, and park areas. major utilities and drainage f~cilities; the maximum . height, of all buildings and structures; the ,dim~nsions ~f building lots; the maximum lot coverage~"and building 'setbacks; 'all bufferin'g and' "Screening' areas and devices i the locat ion, ,size, and' types of detached signs and the' regulations to be applied to all signs; and .such other information as may be required 'by the departmen~. Z~ Any comprehensive site plan required to be submitted herein for any.parcel of land shown on Exhibit B, whether one or' , !, . .! i ~ .1--" . ; 1 ~ ..--...;\ mor~t shall.' .not be. inconsist~nt 'with 'the following. minimum' standards: MAXIMUM MAXIMUM NUMBER PARCEL ACREAGE. OF UNITS MAXIMUM HEIGHT APPLICABLE-DEVELOPMENT. OF BUILDINGS STANDARDS/PROPOSED USES- (STORIES) PER ZONING DISTRICTS A 41.93 N/A ,3, ; . I ~ B N/A N/A 2'00 :> 2 2. 20,. '24 24.70 11.34 C D. E 21.85 2 260 F 23.41 .93 2 .G 19.31 42 .2 . ! H .23.42 1.44 2 .' I J. 38.97 14.00 N/A 159 z . N/A General Retail, and scientific .and research laboratories,.engine' and motor_repairing, and wholesale office and sample -room type Uses. Office Office . -Mul t i ..fami ly (MF -1), and" .minimum common recre- ation/ open square area. 'of'l.10 acres,. '" .'Multi-family. (MF-R) and . .'minimum common recre- . ation/ open space 'are~ of 2.20 acres. Sirigle-Fami.ly'CSF-lO) ..Sirigle~Family (SF-16)' '. Zoni ng di s tri ct 5 not applicable; zero lor - line' single fami ly ....homes; 40% maximum lot .coverage~ . - Single-Family (SF.7) Public Park : 3. The public',park'site shown a~ Par~el J ori Exhibit B shall. be dedicated .by an approved final plat'or separate instrument of conveyance' prior to the issuance of any. building permits for any parcel of .land .to be used for residential purposes.' 4. A general development plan as specified in Appendi~ .A of the Code of Ordiriances', sha 11 be submi t t ed - f or the firs t parcel of- land or phase to be developed or platted., The plan shall - include an exact descript ion of all, infrastrucfure ' improvement 5 ~ecessary to serve the parcel of land 'Or phase proposed' for development. -The plan shall. specify the phases' in which all parcels of land wi thin the district are_ proposed to be developed. s. With .each comprehensive site' plan submitted for approval,' I a tree preservation plan shall also .be submitted. The plan, '.. shall show all exist ing trees over three inches -in diameter, .measured six feet from -ground 'level; which of those trees' required to be shown. will be removed as a resul t . of develop- ment; and the loea t ion. ,s i ze t and type of trees tha t wi 11 be substituted for. any. existing trees. that are proposed to 'be removed. or will be planted in addition thereto. . 6. With each comprehensi~e sit'e plan submitted for approval . for parcel A, B,. C. D.- or E, a landscaping plan shall be sub- . i . .mitted showing:at least twenty percent of the total area.of the , !' Z-1789/PAGE Z -~\ . . . ' tract', exclusive. of areas for street _ rights-af-way. . to. be. permanently- used and maintained .as common areas for plant~1 shrubs, grasses ,or other landscape features. .7. After approval of any comprehensi ve si te plan. fO'r 'any parcel of land in the district'which is proposed to have direct or indirect vehicular access to' Bonnie Brae Street. 'but. prior ..-to' the begin~ing of' any development .of such parcel, a de~elopment. . contract as requfred. by ,Appendix A' of . the Code of Ordinances . -shall- be executed' to provide fo'r. 'the' paving' of Bonnie Brae . 'S_treet in accordance" wi th the 'provisions of Appendix' A of the.' Code of' Ord inan'ce s . p rav id ed t howeve r , t ha t S uc'h i mproveme n t s '" shall include the improvement of Bonnie B'rae Street from its . intersection 'with Highway 77 to 'its intersecti6n with Payne. 'Drive. Such improvements shall.be..made in"accordance with City standards and shall be completed and approved. prior to th~ 'acceptance of any public improvements in the parcels of land to which this paragraph applies. 8. The first comprehensive plan submitted for approval of- the distric't shall include and show a plan for the realignment .of Bonnie Brae Street where it intersects with Highway 77, and provide for the cost of all needed traffic signilization for the proposed intersect ion of realigned Bonnie Brae. Street' and the 'major east-west arterial street adjacent to parcels A. B. and . C. The approved plan s'hall be - a ttached to or incorpora ted 'in .the comprehensive plan.so approved. .' 9~' All development contracts required to 'be executed in accordance wi th Appendix A of the Code' of Ordinances for the development of. any parcel. of land shall. provide for the construction of sidewalks, meeting City specifications, along the southern and western. sides of all public streets to be constructed or-:improved 'within or adjacent to the district. 10. The first comprehensive' ~ite 'plan submitted:for' approval . for' the, district shall be accompanied by a plan providing for a cul-de-sac at . the northern end of Westgate Dri ve ,where: -i t abut s the district. The development contract for the first parcel of land or phase to be developed shall prOVide for construction an . complet ion of the required cul-de-sac in - accordance wi th, the 'plan thereof approved with the first comprehensive site plan. . 11.' Prior to the issuance of any building permits fo~' b u i 1 ding 5 . in pare e 1 s C . D , E tor H t . a six f 00 t h 1'g h . mason ry fence shall' be constructed along .the respective borders' of the .parcel- for which the building petmi t is ~ought t such f.ences to. .- be- located as follows: the- southern and western boundaries of '. Parcel 'C; the western boundary of. Parcel Dj the southern, and western boundaries of Parcel E;' a'nd the' eastern, western. and' . southern boundary of Parcel H. . . SECTION IV. That the approval of the district . as . p~ovided for. herein' shall not, and is not intended. to', be deemed approval' of any' part i"cular land use in' such district t but shall be construed . only, to mean that those proposed ,land uses.t as provided for " '- herein, - may be considered as .pas'sible appropria te uses for the district. at the time the comprehensi ve . si te plan. in ' submi.tte'd . therefo~e, the approval thereof being based upon relevant . f actors which may inclu4.e ~ but' not be limi ted to:' . the time .'elapsed from the effec.t i ve date of this .ordinance to the date . the - comprehensive si te plan fo~ the disfrict is submi tted; the number of proposed buildings or dwelling units' and' proposed uses; the arrangement and design of the buildings, streets, parking areas~ utilities and other development features; and the ~proposed regulations to be' applied to the district. Z-1789/PAGE "3 ..-..;, >R . . l SECTION V.' That. the development o~ the-property sh~11 be iri substantial compliance. with' the' final comprehensive, site plan 'hereafter. approved and made 'a part hereof for all purposes and the regula- . t ions, cond it ions,' and provi s ion.s herein contained. . . The. Zoning Map .of the. Ci ty'. of Denton, Texas. adopted the 14th day"of January, 1969, as'- .'an Appendix_' to'- the' Code of .Ordinances of ,. the City of Denton, Texas under Ordinance No~ 69-1. a~ 'amended., is hereby .amended to show such change in District Classification and Use subject to the-apove conditions and'.specifi'cations. SECTION VI. That. the City.Council of the City' of. Denton,' Texas, hereby .'-finds . that such. change is in, a.ccordance . wi th a. 'comprehe.nsi ve .' -.plan for the purpose of promoting the general ..welfare. of the Ci ty of Den ton t Te,xas t. and wi tho .r-easonable cons idera t ton, .among other things for the. .c.haracter of the district ,and for" its peculiar suitability or'. particular uses, 'and with a 'view _to. conserving' the' value' of the bui Id i og s, protect ing' human 1 i ves, .and encouraging the 'most appropriate uses of land for the maximum benefit to th~ City of Dentont Texas,-and its citizens. SECTION VII. Any person who shall .viol~te a provision of this ~rdinance.. or. fails to comply tJ+ere'wi th or .wi th any of' the requi rements . . : thereof.. or of a permit or certifitate issued thereunder, shall be guilty of .~ misdemeanor punishable by a fine not -'exceeding 'One Thousand Dollars ($1 t 000.00).' . Ea.ch such person shall be -deemed gui 1 ty of a separa te offense for each and' .ever'y - day or portion thereof during which any violation of this' ordinance is committed, . or continued, and upon conviction of any such violations such person shall be punished within the limits above. 'SECTION VIII. 'That this ordinance shall become effective .fourt$en (14) days' from the . date of its passage t and the. Ci ty .Secretary is 'hereby - directed to cause the caption of this.: ordinance to be published .twice . in the D~nton Record-Chronicle, the official. 'newspap~r .of the City..of Denton,' Texas. within ten (10) days of. the date of its passage. "- PASSED AND APPROVED this the ~ day of 7JJ /It , 1986. .!- A~t2/ ~d ~ . CH LO TE ALL . CITY ECRETARY CITY OF DENTON. TEXAS APPROVED AS TO- LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY' OF DENTON, TEXAS BY:-t-r.J · 'Iv\. , ~ . Z-1789/PAGE 4 ~. ! .. . : . j .! ! . .! .r. EXIIIBIT nAu All that certa11"{ ...at, tract I - o.r parcel of land ~ ~.....uated in the Nathan Wade Survey, Abstract Number. 1407 and. the F. Batson Survey, Abstract Number.43, Denton County,-Texas and ~ein8 a tract described in a Quit Claim Deed to Dillon F. . Smith and John Linn Smith, recorded. in Volume .608, page 393, .Deed Records and pare of a tract described in a deed to . Dillon F. . and John Linn Smith, recorded in. Volume 608. page 394, Deed .Records t part . of a tract to Dillon.. F.. Smith, Trustee I . recorded in . Volume 608, page 396, Deed.Records, and part of a tr~ct to John Linn -~ Smith and Dillon Francis Smith, recorded.in Volume 512, page 573. part of a tract to Frank W. Head, recorded in Volume 660. page 728, Deed Rec;ords. and being more particularly described as ..follows: . Beginning at a fence corner post at the .northwest.comer of.the tract. described in Volume 608, page 393. Deed Records; Thence North ~89 degrees 4S minutes 35 seconds East with .8. fence 1902.32 .feet to an iron pin found in the ground; Thence North.OO deg~ees 19 minutes 25 seconds East ,759.45. feet ,to an iron_pin found in. the ground on the south right-af-way of U.S. Highway ~77; . t. . : Thence South 58 degrees 58 minutes 17 seconds East with.the south line . ., of said U.S. Highway 77 t 694.30. fe_Bt to a fence corner postr Thence South. 45 degrees 06 minutes 04 seconds East 82.39 feet .to a fence corner post; Thence South 26 degrees 01 minutes 58 seconds East with the west line. of Bonnie.Brae.378.32 .feet to a 'fence corner post~ . Thence . North 89 degrees 45 minutes 35 seconds. East 32.40 feet to an iron pin set in the center of Bonnie Brae, said corner being.. the nort~east corner of said Volume 608, page 393; Thence South 00 degrees i9.miriutes 28 seconds West. with said east line .1902.59 feet to an.iron pin set in the gro~nd; . Thence .South. 89 degrees 56 minutes 37 seconds West with a fence part . of the way 987.40 feet to an iron pin set in the grou~d; Thence .South. 00. degrees 13 minutes 25 seconds West a distance of .1444.98 feet to an iron pin set at a point io.the south line the tract. described in' 'Volume 608. page 396 and-in. the north line of tract ..described in Volume 512, page 573. Deed Records; Thence, South 89 degrees 30 minutes 41 seconds East with said south -..line 61.16 feet to an iron pin set in the ground at the northwest corner of the e~cepted tract described in Volume.512, page .573. Deed Records t . ~ Thence South 00 degrees 48 minutes 12 seconds West with the west line .:of said excepted tract 237.62 feet to an iron pin s~t in "the ground at its southwest corner; Thence South 89 degrees 11 minutes 59 seconds East with a-fence ,on the south line of said excepted tract 900.0 feet to a fence corner post at the.. southeast corner of the excepted tract; - ...Thence .North 00 degrees .48 minutes 01' seconds East with a fence on the . . east line .of the excepted tract 242.52 feet to a fence corner PO$t; . Thence South 89 degrees 31 minutes 20 ~econd9 East a distance of 23.67 feet to, an iron' .pin s.et .in the. east line- of said ~vade. Survey; Thence South.OO degrees 19 minutes 28 seconds West with the east line "of the W8:de Survey 916.79 feet to an iron pin set in the ground: . . . . Thence North 89 degrees' -49 minutes ,11 seconds lvest with a fence part . of the Way 2720.22 feet to an iron pin found in the center of Payne .Road; Thence.North 00 degrees OS minutes West with the center line of Payne Road 2905.45 .feet to an~iron pin found: Thence North. 00 degrees 24-m1nutes.46 seconds-West a dissance of 1348.13 feet to the Point. of Beginning and containing 239.~74 acres of land. 7_17RQ .ilt,.r. '. ..... 1""_ : ',-_./ ........---. EXHIBIT nBft ! . i ~ ~ fa I!!l @ I ~ @ . .@ "~ ~ . IDJ ~ . ~ ~ ; I' 1m <tJ @~ .' ,\J I I Ill- "IJB\l\I(T.:1"'1 ."}.~ ~a:~ ..1 ., :\~w~ ~Jr~~ ~ : ; C:U~~.. ~ ~ -;. I ~;t.: . .. . ~ ~::].. ;"'OA-} I~ I ~ . 1-_ r-~ ';'f':._~~-~..: !\~''''~;'..''Q.~. ~ '. ~-""--I I r l.-. - ~~ ... ..... ~. ' q"Qo ,. ~ I"""""~' , ." ;' ';;: -=~:;~~~~~~~~~r' ~ ~',' " /1 7"'- ~~~~I-r- ui- ';' --16, I ~ r'--...r~- ~~r- __.....L ...&. = b!.. l--::j.,f~ ~ . ~ .....: ~ ~ ! I .....'- ~~ -::;~ / / ' , :::-...~ [i:I. ~~ :i tz [I: ;:~: - - >- / I I . . -..... . ';' ~ ~ 1/ j A:r: ,- t-- _~ ~ ~ f /:' ; ~ f .~C \~~ \ ICf~~ __ _ r--.: r-,"- I'.' ~~ \>c rrr\, ,~ p;J( "\ ~,...~ ~ r--. ~ ..,. \ \ ~ 1\ l X ~ !I ~ ~ r~,.l r--.. -t r_ I ~ rIo ; -., I""- I '\., "v---- '1; l. \ ~ ~~ i~i ~ /17-1 F:;.L . \ r:/ I (\\~'\ ~. l~ hJ Y r1 J lt1 t:f--~\\"\ l ~ 1,,' . \\,"\. Wl .4."1 ;1 ~:: ..,~, \ /J, - , ~ \ \ Il~\'~ l~ t1 ru~ 11 II '1/ ""';7 \ '\ \ dJ ~ . : \ ~~ ~~) ~i ~~} JiLlJ: 1ll:J 1t'~ ~::.rJ ~l! I : ~\.~ '~---.t' .. i III [WI I ~ I ,b: '-' J ") ~\ "-.....' ::--\'\ \~" ;:::' ~ I, \,( III Jf- I!-J 11 /' '..: ~ 'I _ ... ]-..; ~ .'.1k" . .~-.... . I ~.- ~ ~ !ln~ ~_,~ gQl?"f. /- r_[::::: -~ ~ " ~ -- ~r- '. J../L--'" ,,' - .) II ' ~A ~~~, ~~r. ' t' , ~ t ' :.,:~ ,~ t.i -fd t\~ H ~~:r:, :JL r l . . ~'. j!I ~ ~~ ~ ~b1 ~~ ~I~ .;,-~ ~ ~ (I- ~ . . ~ "0 ~ "Q [;f' 7 ( -~ ..' .' !~ ~l~ L t i-f 1 ~ . . l ~ /' ~/,r~ /-1 -\ ) /'\\ \1 ~ .I!o.~.-t- 1n~ = ""\. ~. \ ~ ~ / J. /./. -' 1\ l ) .i. - L I ~-~ . ~l" f__ ...._ -.... . . /' / 'I r7 Ii.. .~11,1j r.... 0 -~. ......... _"'" . , \ rt ( , "/ /, ~: -, _ : - -' "" -, n--:=' , , \-' .:_~~~.; :- ' :p; ',~ _ ~~r :;-2> ~/ 1;, \~ ~'~ ~~~ ~~ ~j;.~.lJi~~, ~ '1~ ;// -:, ~ < ;, \ ~I~ ~~f .;> · ""Y;'//ft/ / r /h i fv'-~~/ ~~::3 ~ i ~ ~ \. .-.....: ~ / /' / / T / / . ~ .. ~ Q i ,~, ~~ ~ ~(- ~~/C ?-~~I/;-l::/',~I~i! ' 'q~ !~((- ~,,' ,\~ \~l'l.' ~""" ~ "~" ~.~I~I ~\'\'~, ,', . y . ~~ ~ "<~." - ~ I~~~J -~" . - ~ 0 /- ~~ I ~~-=-- r '.! . i . Z-1789 \ . ! . \. . :j -~ P~'()yr~ 11 r'~110iUXNANC3" ORDINANCE NO ,t()<<J- tJ()7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 86- 101 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (pD-IIS) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .230 111 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR. ROAD BETWEEN BONNIE BRAE AND WESTGATE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-061R) WHEREAS, on May 20t 1986, by Ordmance 86-101 theCtty CouncIl approved. a change m zomng for 239 17 acres of landed to Planned Development 115 (pD-ll S) Zomng DIstnct, as more part1~ly descnbed ther~, and . . .. . . . . .... .... WHEREAS, MEsA DeSIgn Group, on behalf of Intermandeco, Inc has. applted for an amendment to the concept plan for.Planned Development 115 (pD-I.tS) contammg 230 111 acres of land, and . WHEREAS. on December 15, 1999, the Plannmg and Zonlng ComnusSJon recommended approval of the amendment to the concept plan. and WHEREAS, the CIty CounCil finds that the new concept plan W1l1 be m comphance WIth the 1988 Denton Development Plan. the 1998 Denton Plan Pohcles, and the 1999 Growth Management StrategIes and Plan~ 'NOW, THEREFORE, TIlE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SijCTION 1 That Ordmance 86-101, proVIdIng approval for the rezonmg of239 17 acres to Planned Development 11 S (PD-II S) zomng msmet and the angmal concept plan for 8md msmet, IS amendod by the approval of a new Concept plan, for 230 111 acres of land, attached hereto as Exhtblt I'B" and mcorporated herem by reference) and more partIcularly descnbed m Exhtblt uA", whtch 18 attached hereto and Incorporated herem by reference, subject to the followmg condttIons 1 That development regulahons and standards are as ldentIfied m Exhtblt C 2 Extenor of all bwldlngs shall be 80% bnck or stone . 3 Multt..fannly zoned property shall have a maxunum of 400 bedrooms With not more than 20% of the umts havmg over 2 bedrooms 4 Pnor to acceptance for filmg of a prebmmary plat for any poItton of the propertyt a copy of a letter of mtent between the owner of the 'property and the Denton Independent -~ ...--.--" .------...----.--.----S.chool-Dlstnct-comnnttmg--to-the-poSltIon--of-the-'sehooI-slte'must . be-submttted.-to-the-----. u.. -------.--.-.-- Clty 5 Non-resldentIall1gbttng on the property shall be deSIgned and mamtamed so as not to shme on or otherwIse dtsturb, surrounding resldenttal property or to shme and project upward to prevent the dtffusIon mta the mght sky "~\Ow~0611l~ SE~TION 2 That the proVISIOns of Uns ordInance, Includtng Exh.1blt B shall govern and control over.any confhc1mgproVlS10ns ofOrdmance 86-101, but all proVISlOns ofOrdmance 86-101 as they apply to the remannng portlon of the PD-l1 5 zonmg dtstnct land use regulatIons not herem amended, shall contInue J.ri. full force and effect. - . . . . S:&CTION 3. That a copy oftlus ordmance shall be attached to Ordmance 86-101 shoWIng the amendment herem approved SECl10N 4 That any person VlolatIng any proVISIon of tins ordtnance shallt upOn convIction, be fined a sum not exceedmg $2,000 00 Each day that a proVISIon oftIus ordmance 18. VIolated shall constttute a separate and dtstInct offense ' S:&CTION 5 That tlus ordmance shall become effecnve fourteen (14) days from the date of Its passage, and the CIty Secretary IS hereby dtrected to cause the caption aftlns ordmance to be pubhshed twice m the Denton Record-Chromcle, a dally newspaper pubhshed m the CIty of~tollt Texas, WIthIn ten (10) days of the date of Its P7e . . . . PASSED ANDAPPROVEDtlus the~.daY of. ~.. .. . ,2000 ... J . ATTEST JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 EXHIBIT A FIELD NOTES .230 111 ACRES BEJNG all that certaIn:1ot. Inlet or parcel fA BId situated In the F . Ba180n SIlIYOy AbItr8ct number 43 and the N w..- Survey AbIIract ,Number 1407, In the CRy of DerJton. Denton Countr, Taxa being aU that cet1:8Jn treat of land conveyacl by deed fn)m Henry W Beckman and Gerald J.. Lafounta... .to John LInn Smith and wife. Dorothy Srntth and Dnlon Francia SmIth and WIfe, EerIe Joyce Smath. recorded In Volume 3011 P8g$ ,18, .R_ PfOI*ty Recorda Dentan County T&lCII8. end being more partIcuI8rty cIe8cI1bed .. foIIor.n '. .. . BEGINNING at an Iron rod_ for comer In the west fine of the R Be8umont Survey Ab8treet Number 31 and In Bonnie 8ree, '. :pubflc ro8d'MIy, UIcI point being the northe8st comer of that certain trect of land conveyed by deed tom lJI'e T.bemec18 Church of Denton to CIty of Hope Chun;h M..".... of Denton recorded under CIerk'a File Number 87-ROO14815 Real Praperty ReccRia Denton County Texas '". .. . I THENCE N 8t" S1' 28- W. :pM8 ..at 454 88 feet the northeMt com.,. of that.certaIn trect of land conveved . by deed from John Unn SmIth and 'DIUon FrencJe Smith to aury 0 Harvey recorded In Volume 583. Page 33, Deed Reeorda, Denlon Co~ T_ ,... at tee 88 feet the northeast comer of that cerI8In tract of land conveyed by deed ftrom Clinton W TW8deIt and wtfe, EIDbeth Twadelf to Joe G Wnght 8ncI WIfe, Joy WrIght, recorded 1ft Volume 814. P.,. 8001 Deed Record., Denton Countv Texas, pass at 1386 37 feet the northeast comer of WMtgate HItJe North Phase III, an addllon to the CItY of Denton. Denton County. TtxaI, -=cording to the plat thereof recorded an Cetmet P. PiIge 43. Plat Records Denton Cou~ T*X88 . total dletllnce 01272774 feet with th. north line of laid City of Hope Church, Harvey end Wrtght trICtIlnd .wIth the north lane of MId Y\M8tgIIta Hie North PhIIe III to . filii found for c::omer 1ft ~ Drtwe. a publJc roadway, THENCe N 00. rn. 48" W, 2906 20 feet with I8Id 'Neatpte Dove to en Iron rod set for comer. THENCe N 00" 3tT' 11- W, paa at 474 43 feet the 80Utheat corner of th8t certe... tr8ct of IInd conveyed by:Jieed from J and L:Partners to Rancho VIsta Dewelcpment Company recorded In Volume 2685. Pege 48$. Real Property Record.. Denton COunIVt Texas, alDt8l dJltance of 134813 feet with said ~ Dnve and Wtth the east 11M of Mid R8nchO Vteta Development Company traet to .. Iron rod founG for comer at an eO of said VItta Development Company tract. THENCe N er ~. 35" E. pass at m 1 feet the souUnwest comer of that C8It8In net or lend ccnveyed by deed from B .F Johnson and WiIIMa M.. Johnson to Debra Johnson Morgan reeorded 11 Volume 32A5. Page 809. Real.Property Recorda, Denton County r Texas. pan at 84S 1 feet the southwtlt comer of that certain tn1ICt of IIInd con~ed by deed from H R Perot. Jr to HMIwood L8IldJDenton Ltd recorded In Volume 2470, Page .680. Reel Property Recordt. Denton Count)'. Tex... pe.. at 1808 72 feet the 1Outt'rNest comer of Ih8t c:ertDIn tract of I8I'Id ccnveyed by deed from Shaul C B8ruch to T I 230 B Jcmt Venture rtcOI'dect 1ft Vofumt 2432. P-ae 21. Real Property Records Denton County, Texas. a total dIStance at 275' 31 .feet with the south RfIe of ..Jd Rancho VIIt8 Development Company 'HdlwootJ LandlDentDn and T t. 238 B Joint Venture hctI to an Iron rod found for comer In said Bonnie Brae and In the west ItM of the N M.ss.nMlmer Survey Abstnact Number 810. THENCE S 00. 10 3511 W. 1802 57 r..t wdh ... welt line of ...d Meeenhellner Survey and with said Bonnie Brae to an Iron rod set for corner, said point being the nor1heut comer of trim remnant of that certain tnICt of land conveyed by deed frcm DdJon F Smdh and Wife. !arts Joyce Smith. to John Linn Sm.1th and wife, Dorothy Elelne SmIth. recon:Ied In VolUme 1487. Page 74. Rea) Property Records. Denton Co&rdJ. 'Texas. THENCE S 89- 66' 3T W, 988 3~ feet with the north One of Aid remnent Smith treet to an won rod set for ___ _ ..___ _.' ._. ...~.________.____~er, ...... pofnt being the northweIt comer of 88Id rwnnant Smith tract _____ _...._.____ . ~ d ~+VGa+"'t'Z ?N I '~-c; I rtI((-3.Li3>OCR:Il . ~ ~0 ~-~r E0d-a:llOl THENCE S 00. 13. 2S- W. 144848 feet wlh 1M W88t Ime cf said remnant SmIth tract: to an mn rod set for comer. uId POint b8lng the southweet comer of said remnent Smdh Ir8d THENCE serIO' 41- E, 61 18 feet WIth the 80Uth 1M of 88Id rernn.. SInIth tract to an Iron rod eet for COIMI'. .sald point being the northMtlt corner of that CId8In tnICt of lend conveyed by deed from LyndaI 'Carey to Ene FuJJerton and *Jfe. Mn R 'FuIIemn. recorded under .tlt1. fife m.mber 95-R000ee8fJ, Real Prop.wty RecordI. Denton County, T~ THENCE S 00- 48 12- W, ~7 62 feet WIth the wed Une or MId Fullerton tract to In Iron rod found for comer, s8fCI point being 1M eouthwett corner of Mid Fullerton tract. , - THENCE S 88. 111 69" E. .931 03 feet with thB101Ith line of MId Fullerton tract to . point for comer U1 said ~n.B~, - THENCE S 00- 10' W W, 669 4S feet Wdh ..lei west line of...d R Beaumont Survey and with saki Bonnie Brae to the PLACE OF BEGINNING and cont8Inlng 230 111acrea o1l.nd . _.~..._---- --. . -------........-------.- 1..____- _. _____.____._.....______ _ .....______-----=-----.......___.-.._........- ..___.__............_____""""""---___...............____.--........-------....~____. ___..____ 0Ia'dwIN:I727C\FWd ..,.. D1 04 00 ~ d V90l..+vZB+v't~ :t~ I · ~-s I ('toq-3.U.3'>CJ1:R:a ~ l.0 000e-~r r------.-l--~--J----_______~~~~------------.l---T-----~~~~:::::_~_~ I I , J I I I I I I I Parcel B I I I I I MF~ r .1 .Parce C 1143 ac I I .SF.& I I 20 69 ec ""~_~I . ~I ~ ~ll ~,. r II ,,,' I .- ~~~' I "I ..J......-~.. f I ~.. I t~--r--Y---------~----~- I I I I I : I : \ , Parcel 0 ; f If .\ . .Sf. 7 I I II \ 18 93 Be !. a~ \ I IH~I', I hF...1 ',1IlII' _-- -- - -.. "'" J-- ..--- -- - --------- -- ---- P \ ...-_ ........ , 18 65 ,.....-- -.......... I I 8C I ....1 I · , l .! .1 I ~~. . I , . I , . \ I . ., --- A -Ii -& ... *' ~ . -- - - DICDI- S. ..., PO . =- ..Parcel A CoJrmerIcaU .otrIce 2338ec . Parcel E SF-5 12 07 8C ... .. .... . ..... =-- :::t == .... c.- -- ~ ... L-. ParcelF . SF.7 103 94 8C . . . I I .l I I f . I ' I \ , 1 . I qarcbl I G I I t BF-10 '24~ I I ~ t. I I . I r--~~---~----------, I , , I , · 'TUrf"" '-":1 i Ffarcel J IV-__.,................., ,--.., I SCItl 00 UPARK ,'" I', .i '8228C / <, " I \ t I .e:-~ _ m;.:!'/~ \,....~J .....-..........._-----" &t_~~ WAC - ,.~ " -pt<<:ANIAy...w PO I ~ ""''''''''' . ---------~~~.-----~-------~ ----1.-----------1-------------[-----~~- -------------- ------------- ----- It ________~~F.1 0 ----~~_____m_~ ~:_~';. m7~~ ..~__________~___________ __~~ SMITH TRACT Proposed .Cancept Plan ::." =.- == -..... -- -- tiCI' - -- --. .. ,.... ..... .... ..... . ......... .. - ...... . .... - .. .. .-- - &r-' ...., l! ., W aOlr4l1rw D7R A i it ft , . ! CD l! IX) CD J A A ! .. a - , . E9 - . THE SMITH TRACT :PLANNED DEVELOPMENT DISTRICT PD #115 EXHIBIT C DENTON, TEXAS INTRO~JJCTION nus Planned Development District located between Bonnle Brae Road and Westgate Road. south of Hlghway 77 lD Northeast Denton IS the result of land plannmg for 11 nuxed-use meetmg the mutual goals of the CIty of Dento~ surroundm.g landowners and developer Land User Plan The land use plan falls Wlthm the guldehnes of tho current comprehensIve plan and follows the proposed denslty model and plannmg goals for the new Denton Comprehensive Plan 1999-2000 prepar~ by CJ1y staff Comme"laJ Dlltrlet The Commcrcw DlStnCt 11 set up to encourage tradltJonal town plannmg for lustonc Texas towns winch have retall and office bwldmgs at the front property bne With pcdestnan onented Sidewalks and parallol parkmg m front o(tbe bUJldmgSl Large parkmg lots would be encouraged, but not rcqwrcd to be placed behind the buddIngs Street Inrr.ltr~tore The street plan for the SmIth Tract mcorporates an East/W est menal across the northeni part of the property. tymg the 1..35 comdor to BODDIe Brae There WIll be a North I South resuient18l collector nuunng through the center of . the property connecting a southern entrance on Bonme Brae to the East I West collector . Parks I Qpen Spaee nus track of land bas an open space park dedtcatton reqwrement of S 75 acres based on the number of smgle fanuly and mulq..ranuly umts TbJs cbstnct. p.roposes three levels of parks and open space as follows Level Oq,e . A A 1822 acre Jomt use pubbc park I schoo181te m the Southwest comer of the development W1l1 be dechcated B Open space.of 4 195 acres between the commercIal and resldentlal land uses to be used as a vIsual focal pomt at tho roadway eonvergence Area to be mamtamed by Home Ownerts Assocllbon Level Two . Pnvate pOcket parks arc scattered throughout the development to encourage playgrounds and breatlu-ng space for neighborhoods These would be mamtalned by pnvate Homeowners AssoC18ttons Leve 1 Three The developer has comnutted to an 80~ ROW for a North / South reSIdentIal collector TIns PD shall follow the City of Denton Zonmg Ordtnancc m effect August 1St 1999,. Chapter 3S AU of the land us.es m the PD use base zoomg out of t1us ordmance and as amended as follows X '99 PROJE~99016 SmIth Troct\Con-espomence\9076PD12 4 99 doc Page 1 PARCEL LA.. - Comm~rctaJ omce Gross Acreago 23 38 ae Pubbc DedIcated ROW 3 93 ac Net Buildable Area 1945 Ie · Maxum.un FAR 21 MaxlIJ1WJ1 DweUmg Umts Maxunum He1Jh1 Rcstncuon Square Footage m DweUIng Umt Muumum ParIang Pcmutted o 2 stones SO. NJA Sidewalks per otdmancc per ordmance per ordinance o feet m tramtJonal town concept, per ord.mance m any other coneept Open SpaceILandscape Buffer Mmnnum Front Yue! Setback Mmunum SIde Yard Setback ;.~.: o feet m tradlbonaI town concept" per ordmancc In any other COIicept MlI11J11UIn Rear YaM Setback 10' ~enmg Wan or Fences All trash enclosures and semce areas must be screened WIth fcncmg or bve hedge 2 There shan be a 6' masonry wall budt between officeJcommerctal uses and smg1e fanuly . See Appendtx Exlublt A Mmunum. Amemty Package N/A Other Nqtes: · Commercul, retall and office uses are encouraged to be bwlt to the front property lme Wltb parkmg lots bebmd and parallel street padang encouraged as m _ cen1ml busmess dIstnct model fonowmg trambonal town patterns · Devoloper WIll proVIde arcbttectural elevations for detatJ plan revIew X lil9 PRDJEC1'S199076.SmJth TroCI\CMre.JptJndenNl9076PDJ2 4 99 d~ Page 2 PARCEU B - MF~l Gross Acreage PublIC DedIcated ROW Net BuIldpble Area Mumnwn Lot Width MUl1111UIll Lot Depth MID1D1UDl Lot Saze Max1D1UI1t Butldmg Coverage MIlXJIDUJl:l DweI1mg Umts Maxunum H81ght Rostnctlon Mtmmunt Square Footage JD DweUmg Umt Mmunum Parkmg Pemutted Open SpltCClLandscapc Buffer Mmnnum. Front Yard Setback : .M1IlUIlWI1 Side YanI Setback Mn"mnm Rear Yard Setback: ScrcenJna Wall or Fences M,"'nnum Amemty Package Other N9tes: 11 43 ac OSac 10 93 ac pet ordmancc per ordmancc per ordmance per ordmance .200 per ordmance . per ordmance .per ordmancc per ordmance S I m trawttonal town concept, per ordma.nce m any other concept 10' per ordmance Secunty fencmg of complex shall Dot be pemutted N1A . Front yard set back of S' to encourage tradltlonal small town downtown model . l}eycloper WIll provu1e arclntectura1 elevatIons for detall plan revtew X '99 PROJEC1'S199D16 Snulh TrDcllCorrupondmcs19076PD124-99 d~ . Paae 3 PareelC ~DE -SF-S Gross Acreage ~ H 20 69 ae 12 07 Be 57 Be 262ac 1499 Ie 9 4S Ie 4St 95. SOOO s f 4()OAt Parcel C 106 lots . Parcel E S9 lots 2 % stones or 36' 1600 s f Pubbc DedIcated R.O W Net BuIldablo Area Muumum Lot Width Mmunum Lot Depth Mmunum Lot SlZO MaxWUM ButJdmg Coverage Maxunum Dwelhng Umts Maxunum Height RestrictIon Mmmmm Square Footage m Dwellmg Umt Mmunum ParkIng R.eqwrcd Open Space/Landscape Buffer 2 car garage pocket parb Mm1D1UDl Front Yard Setback 25' Mmunum Side Yard Setback MmDmun.Rear Yard SetbaCk .JO' and 0' or S. + S. per ordmance Screemng Wall or Fences 1 . Masonry walls reqwrcd where houses back to streets See Appcndlx f'BxJnblt At. Mmmwm Amcmty Package Pocket parks m aU three tracts - acreage u follows Parcel C 732 K, and Parcel E 39 ac Pocket parks to be maJDtamed by a Home Owners' AssoctaDon 2 Two 3" cahper, 6S-gallon trees pJmtcd between the curb and SIdewalk on each lot 3 80% masonry on structure as defined as net of WIndows and door opcnmgs ~........__.__._--_.. -.." ..--.--- --........". .---------.--,,-.- -----~. ..... ....------.- ~ -------.- .-.. .------ -.- - ..._----. ------..--.-.--.--... I__--.-..._-------~...-....-........_-_._.__.~. __-----.--.----.....~__."._._...__-_.~ X \99 PRaJEC'1'S&99O?6 Smith Tracl\Corrupondlme<<l9016PDJ 1 4 99 doc Pa.le 4 PARCELlD- SF-7 Gross Acreage Pubbc Dcdtcatcd ROW Net Buddabte Area Mmmmm Lot WIdth Mmunum Lot Depth Mmunum Lot S1ZC Maxunum. Butldmg Coverage MaxunUDl DweUmg Umts Maxunum Hetght Restncbon Mmmmm Square Footage m Dwelhng Umt Mmnnum Parkmg Reqwred Open SpacelLandscapc Buffer Muumum Front Yard Setback M'mlmU"1 SIde Yard Setback Mmunum Rear Yard Setback Screenmg Wall or Fences Other Notetll II 1893 Ie 5 65 Ie 13 28 Ie per ordmance per ordmance 7000 s r perordmance Parcel D S 8 per ordmance per ordmancc per ordmJmce per ordmance .per ordmance per ordmance .. per onhnancc ..Bwlder dctall wood fence to be consJStcnt along south property hoe of parcel D See Appenda. "Exhtbtt B" .~ .----- -.. .......---- --- '" ------,.~~ ~.-----_r........._______ ...... .______.___"..- ....._________._. X \99 PROJEC1'SI99076 Snuth Traa'Corraponden<<\9016PDI Z " 99 doc Page 5 PARCEL F-SF-7 Gross Acteage Publtc Dedicated ROW Net Bwldable Area Mumnum Lot Wldth Muumum Lot Depth Mmunum Lot SIZC Maxunum But1dmg Coverage Maxmmm Dwellmg UOlts Maxunum H01ght R.cstnctton M1I11D1WI1 Square Footage m IhveUmg Umt MmmuUD Parkmg Reqwrcd Open Spacc/Landscape Buffer "Mumnum Front Yard Setback Muunmm Side Yard Setback M1mmum Rear Yard Setback - Screemn, Wall or Fences Mmmunn Amemty Package Other Notes. E 10394 BC 25 49 Ie 78 45 ac per ordmance per ordmance 7000 s f per ordmance Parcel F 390 per ordmance " "per ordmancc per ordmance per ordmance per ordmance pel ordmance per ordmancc Wood fencmg along east and north property lme otTract F adJacent to off",slte neighbors shaIl be a builder requ1red detall of a COJ18tstcnt deSlgD along property Ime See AppendIx, "Exlubtt B~u Pocket parks as dCSlled Icsa than S ae To be ma1Dtamcd by 8 Home Ownerst AsSOC18bon ......---------..... . .------. -.----, .....-------............. ......------r-.-..._._______._... _ I~---r-~......___._......___ __....., _________.. ~. ______.__"-...--.~ __.. -._____..... __-.....-.- ......... -------.-.- X \99 PROJEt:m99076 Smull TrIIct'CtmwptJndeneeI9(J76PDI1~ 99 doc Page 6 PARCEL G- SF-tO Gross Acreage PublIc Dedtcated R. 0 W Net Bulldable Area Mmunum Lot Width Mmmwm. Lot Depth MtnJDlum Lot SIZe Maxunum Bwldmg Coverage Maxnnum Dwelling Umts Maxmmm Hetght Restnct10n Mmnmun Square Footage m DwcUmg Umt Mm1DlUlU Parkmg Reqwred Open SpaceJLandscape Buffer Mnumum Front Yard Setback Mmunum Side Yard Setback Muum.um Rear Yard Setback Screemng wan or Fences ptherNotes. Q 824ac 1 47 ac 6 77 ae per ordmance per ordmance 10,000 sf per ordmance 25 per ordmance per ordInance per ordmance per ordmance per ordmance per o~e per ordmance per o~ce -. .---.------ ... ... .-........-..----------.....---.........0..0....--________ ----. .............- ----_ .._._.______.__-..._.-.-.. .- ________......-. r.________,-.-".. .. ___-----,-- X \99 PROJEC7'N9016 SmltIJ Tr~t\Corrupondeat:e\9076PDJ 1 " 99 doc Page 7 PARCE~H -SF-16 Gross Acreage PubIJc DedJcated"R 0 W Net Bud~bJe Area Muumum Lot Width Muwnum Lot Depth MunrniuQ Lot SIZe Maxnnum Bmldmg Coverage Maxunum Dwel1mg Um1s Maxunum He1ght R.catncbon Muurnum Square Footage In DweUmg UnIt IngresslEgress Mmumnn Front Yard Setback Mmunum SIde Yard Setback MlJ1JD1llnt Rear Yard Setback Other N9tM. 8 SS ac 1 47 Ie 7 08 ae per ordmance per OIdmance 16.000 sf per ordmance 17 per ordmance per ordmancc per ordmance per ordmance per ordmance pet ordmanee . - - . ..-.-----..-" .........".... -.---- --.--~ - ..~ - - ----.--- ....-............... ------ -..... .........--------...1' .-........ __..________...._.---..._ . X \99 PROJECTSt99076 SmIdt TmcllCorrupondenc:et9076PD/2 4 99 doc Page 8 PARCEL J - School/Park Oms.s Acreage 1822 Pubbc Dcdtcatcd ROW 107 Net Bulldablc Area ]715 MaxunumPAR per ordmance Maxunum Dwcllmg UJUls N/A Maxmmm Height RestncUon per ordmancc Square Footage m D\Velbng Umt N/A Muumum Parlang Pemutted perordmancc Sidewalks per ordmance Open SpacelLandscape ButTer per ordmance M1D1D1um Front Yard Setback per ordmance Mmumun Stde Yard Setback per ordmance M1nlmnm Rear Yard Setback per ordmance Screemng Wan or Fences per ordmance , Muumum Amemty Paclaigo. N/A Other Notes. . School I put lito 15 to be 18 22 ac . overa1I lite . Tho Denton Independent School DIStrict (DISD) will acqwrc owncrslup of the dcd1catcd SIte IfDISD owncrsh1p does not occur wrtbm 2 years of the approved zonmg plan, the ded1catlon Wlll revert back to Its ongmal SF-16 and SF-' zonmg e1asSl:ficaboD, at the dtscrctton of tile developer X '99 PRaJEc:rs.P9016-Sm1lh .TmcI\CorraptmdMce\9016PDJ J-4 99 doc Page ~ F \ahared\dept\LOL\Our Documenll\Orchnancea\99\Z.99 073R ORDINANCE doc ORDINANCE NO rfIdPtl- (J()g AN ORDINANCE OF THE CITY OF DENTON, TEXAs TO PROVIDE FOR THE APPROVAL OF A DRTAlLED PLAN CONTAINING 193 888 ACRES WITHIN TIlE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PO-lIS) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION GENERALLY LOCATED -NORm OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE, PROVIDING FOR A PENALTY IN THE MAXlMUMAMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (~99~073) - - WHEREAs, on May 20, 1986, by OrdInance 86-101 the CIty CounCIl approved a change m zomng for 239 17 acres of landed to Planned Development 115 (pD~ 115) Zonmg DIMct. as more partIcularly.d.cscnbed therem, and WHEREAS, on January 4. 2000, by OrdInance JfOaLtJI)7 the CIty CouncIl approved a change m zonmg for 228 911 acres of landed to Planned Development 115 (pD-1I5) Zomng DIstrict, as more pam.cularly descnbed therem. and _ _ _ WHEREAs, MESA DesIgn Group, on behalf of Intermandeco, Jnc has applIed for detaIled plan for Planned Development 115 (PD-ll 5) contmmng 193 888 acres of land, and WHEREAs. on December 15. 1999, the Plamung and ZODmg Comnnsslon recommended approval of the amendment to the concept plan, and WHEREAs, the CIty Couned finds that the detatled plan WIll be m complIance WIth the amended concept plan, NOW, THEREFORE. THE COUNCIL OF THE CIlY OF DENTON HEREBY ORDAINS ~CTI01'<{ l That the DetaIled Plan attached hereto and mcorporated herem by reference as Exlublt "BOO for 193 888 acres located Wlthm PD-l1S, and more partIcularly descnbed m Exlnblt "A", whtc;h 19 attached hereto and mcorporated herem by reference, IS hereby approved, subject to the followmg conchtIons 1 That development regulatlons and standards are as IdentIfiedm ExlubIt "e" . 2 Attached garages on property frontIng Westgate shall have SIde and rear loaded garages only 3 All bnek that 18 used In the project shall be "fired'. bnck 4 Maxunum bUJldmg hetght shall.be 35' 5 A fence meeting the specIficatIons of the detaIled plan shall be cons1ructed adjacent to pnvate prope.rty on the eastern boundary of the project pnor to the completIon of phase 1 of the development. _~ ________~_ - ----------- _om ----------- -O~$ die no~south collector roacfaliiuummn -of two (2) traffic cudes shall be requtred, subject -to staff approval .. 7 ConstructIon access shall be VIa BotUUe Brae 8 Lots WIthIn Block 0 may be reduced m WIdth, WIthout reducmg the number of allowed lots. to ~ \\CH LGL\VOLl'SHARBD\DBPT\LOL\Our DocUmcnt&\OrdlDlnCCS\99\Z 99 073R ORDINANCE doc allow a pedestnan access way at or near nud-block . Such pedestnan access way shall be subject to staff app~val :..SECTION 2 That .any person vlolabng .any proVIsion of tins ordmance shall, upon C011Vlct10n, be fined a sum not exceeding $2,000 00 Each day that a proVlSIOIl oftlus orduumce IS VIolated shall constitute a separate and dtstmct offense . SECTION 3 That the proVIsIOns oftlns ordmance, as they apply to the .193 888 acres descnbed by Exlublt A, govern and control over any COnflICtmg proVISIOns of ordmances relatmg to PD-IISt as theyre1ate to subJect property, but all theproVlslons OfS81d ordmances relatmg to po- l15.as they apply to the remamder of the planned development mstnct not herem amended shall contInue m force and effect and shall .apply to the remamder of satd dIstnct . SijCTION 4 That a copy of thts ordmance shall be attached to PD..115, shOWIng the amendment herem approved S~CTION 5 That tlus ordmance shall become effectIve fourteen (14).days from the date of 1ts passage, .and the CIty Secretary 18 hereby dIrected to caus.e the captlon of tlns ordmance to be pubhshed twlce m the Denton Record-Chromcle, 'a chuly newspaper pubhshed m the CIty of Denton, Texas. Wltbmten (10) days of the date of Its passage. . PASSEDANDAPPROVEDtlusthe J.j.i!J. dayof ~ .2000 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY TIORNEY By ----r-..........._____...... ._.....___._------.--_.~...............____.... .._____.....-.................____..._ ,.- _______ ...........____ _____ ____ Page 2 EXHIBIT A ,.. " . 'FlB..D NOTES 193..188 ACRES . . BEING'" tt1at certain lot. tract or parcel of land sItdeted In the F Batson Survey Absnct Number 43 and the N Wade -Survey AbsItaCl Number 1407. In the City Of Denton. Denton County. TeXIS. belng 8 portion of tJ1at certain ttect of land conveyed by deed ftom Henry W . Beckman end Gerald J l8fcunllln to John linn Smith and wife. Dorothy Smith end Dillon FNncJs Smith and wIfa EarIa ~ .SmIth recorded In Volume 3071. ,. '88. 'Rellt 'Property ReooRIs Denton..COfJrl!y. Taxes.8ftd being mote parbcuJalty delcnbed .. follows ... . . BEGlNNINQ . an IrOn rod foUnd for .comer In Ihe weat line of the R Beeumcnt SutVIIi Abltract Number 31 and .n Bonnie 8,... 8 public 1'08dw8y. 88fd point being the northeas! comer of tI1IIt r:ert8Jn tract of Jend conveyed by deed from Life TebemacJe Cbun:h of Denton t:t Ctty of .Hope Church MInI&tJtes of Denton recorded UMer Clerlta fie NUmbiIr 07--ROO14815, R.~ Pro.,er\Y R~,.~. County, TeXas. . THENCE N ae- 61' 29- W. pus.t 454 88 feet the rtOI'tMa8t comer of ...at cerarn cract or land conveyed by deed' from John Un,,' 'Smith ',nd DIllon 'FrancIs Smith. to 'BIIIy D . Hswvey recorded In Volume .583. Page 33. Deed Recotdlt Denton County. Texas. ,... at 808.88 feet the northeast comer Of that c8italn tract of land conveyed by deed .from antan W. TwaddeU and wife, Elizabeth TWIddle to Joe G WrIght Md Wife, Jrq Wnght recorded In VohJme '814,' '.Page '500, Deed RacoIda. Denton County.. Texas. pass at 1388 37 fMt_ the nort1\e88t comet of Westgate HUla North P.... IIIJ an eddltionel to the CIty of Denton Denton county. T~ according to the .J>1at .ttteteof recorded In Cabinet PI Pa;e 43,. Plat Records. Dent.CJn .....:J':COUftty, Texas, a to.. daatance 012727..74 feel WIth the north Un. of .sald City of Hope. Church Harvey ';.:';..and VVrtght tr8CtI end with the north J1ne of ..Id Westgate Hill North Phase 111 to 8 "ad found for comer In .Westgate DrIve. . public roactN&y. . THENCE N 00- 07' 46' W. 2806 20 feet with said Wee!;ate Drive to en Iron rod found for comer THENCE N 00- 30 11. W, pau at 474.43 feet the eoufheMt corner of that certain tract of I8ftd conveyed by deed from J _ L 'Patbw8 to 'Rancho Vista eev.topment Company ,recorded tn' Volume 2615, Pege 4fJ5."ReaI 'PropeIty'Records..:c.nton County. Texas. . total dicltJance of 134813 feet with MId Wealga~ Drtve and with the eut lane of said Rancho Vista Development Company net to .n Iron rod found for comer at en Inner eft of IIIId Rancho VIsta Devetopment eompllny net; . .. . . . . . . THENCe N W 45' 35' E. pus.at 377 1 fMt the aouIhwest comer 'of Iha~ 'certialn net of.1and conveyed by. d88d from B F Johnson and WlDIe M.. JoMson to Debra Johnaon Morgan rtcordeclln Volume 3245, pag. '80i, Real Property 'Records. Denton County. Teas. p....1It 845.1 feet the southwest comer. of thet cer18In traet of land conVeyed .by deed from H R Perot. Jr.. to HIIwoocI ~ttllton. Ud recorded In Volume 2470. 'Pap 690.. Re81 Property Records. Denton County. Tu.. toteI da8t8rioI of 108001 fMt with the eouth 'Rne:of ilfd Rancho VIsta Development Company .anes HdIwood .L8ncllDenton tracts to a pOint r.:.r comer. ' . " . .,' ". '" . . . .. . THENCE S 00- 30 11. E. depaJ1lng the south line of ..d 'HdIwOOd' Lahcuo~ ,Tract. 730 ~ feet to . potntforCM*'; ... .... . . .... . ... . . .. . ... . . mENCE N 78. 43' 2T 11, 280 56 feet to the beglMW18 of . CUMt .to the left having 8 central angle 01 240 . os- 20-, . radJus of 700 feet .net 8 tangent of 141 3e reet. . :' . . . . ... . .. ~. . lHENCE alOng ..Id curve to the .left. .... --= chtInce 01'294 30 feet to . polnt.of reve... curvature to the rtght having . centnll8~... of W 2'" 53", . radt.us of 63000 feet end 8 tangent 01 188 9S feet;. . -- - - ..... .-... "n__' _- --------THENCE-elOng Hid curve- to-th.-rJgbt-.n-erc-d~..ot327-13.-'eet. to-apolntrot-comer: . . lliENCE East. 840 86 feet to 8 point In Bonnie Brae, r0/C'0 d "90l.+P",*vt~ . . ?HI '.3>tl'n-Sl ()H(l-31l~ ll' pI oore~r to d "l:f.1.01 THENCE S 00- 10' sa- W, along BonnIe Brae. eo feet to. point for comer: THENCe Wfet. depettlng 8oM&e ern. 840 67 reet to G\o beglnftlng of 8 curve to the left havtng 8 cenlral sngt.~f03.41'12".eradlUSof47000feetand.tlngentof1S13teet. . . . ...... . . . . THENCE along said CUI\I6 _ the ~ ~arc cIIstInce of 30 24 feet.~ . portt for comer. . THENCE South. 358M feet to thebeglnnlng ofe curve to the left having a toenItalttnge. ofO~ is' 12".. radius of 470.00 feet and . tlngent of 13 35 feet; niENC!8ionQ AId curve 10 the left an 8lC d~ce of 2& ee feet 10 . point for oamer; THENCE Ellt. 843.11. ~,to 8 point 'n Bonrufl 8rae. THI;;NCe S 00- 10' 36" w. along 80M.. ."... eo 00 ,"uo . point for comer .. . THENCE west..dOpalRlngBonnIe Brae. 84%92'" tolhe beginning of. curve to the rlghthevtng · cennJ engleor01. 63' OS" of' Ii radlU8 oUi30 oore.t ad. tangent or 13 35 feet .. ~ . .... . THENCe s ar 3ft 41- e.e116 feet WIth ... south 1M of I8ld remn8l'll SnuIh tracttcJ an Iran rod found for corner, RId pomt being the northwest comer tI that cert8In trad. of land conveyed by deed from LyneS" .ear.y to Ene Futerton end .pout_. 'Marta R Fullerton rec:orded under Cl~. Fi1e Number ff6. ROOO8696. .Rut Property Rec:oRI$ Denton ColIn." T.... . _.. THeNCe $ .()04 48' 12-. W 23762 feet with the weal line of said FuUerton ttIIct to BnI10n rod found for corner. .s.1d pOInt being the ~ comer of ea~ Fufteiton tract.. ..- ..- . . -.. .~.. .... THENCE $ ar 11'e:ftI E. 031 03 feet WIll the .outh line Of MId Fullerton baCt to e point for corner In HId Bonnie BAle. ... point being In the __line of ~ RBeIIutnOnt~ey, THENCE S 000 10' 35" W. 66948 feet WItt\ Mid W&Bt Una of _d R Be&umOnt Survey IIndwfth Mid ----------eon_BtaetdtM-Pl;6.Ce-oF-8EGlNNING and.contaInlng-183-ee-8-aue8ofJend . . .. . . . . TH~E 8Jongeald curle totbeligh~."'1IC ctl8tenCe of2e 68 feet to 8 point lor cotner. . .. . . THENCE SOuth. 53 S2 fe.t to the beglnnlngof . curve to the right having a cenhl ,anslle of 13.l53' 23". · t1ldlus of 1600 00 feet and _ tangent 011 82 71 teet; . . . . . THENCE elon9 said cr.mt8 to the dght an ere dl$teJa of 363 G3 feet to 8 point for comer: THENCE N "' 68' 3T. E 912 19 feetto 8 point In .Bonn" Brae. ; . . .. THENOE S 000 10' 3S- W. S40 01 teet.1ong Bonnie Brae loan ItOn rod found tor cornet. C8&d pow.t being the northeast ~meroJ the ..mn...t of Ihat certain .tnIct of land conveyed by deed from Ddlol'l F Smith and WIfe. erla Joyce SmIth to John umSmtth and wJfe.. Dorothy EIatne Smdh reeoRJeclln. Volume 1487. Page 74, Reel PrcpMty RecordI, Oenton~ounly T.... ..... . THENCE 8 8a- 56' sr W. 98835 tHt wfth the north Une of said remnant sma. traet to an Iron rod found for comer. RId point betng the not1hWMI comer of" n:wnnent Smith tract; RlEMer:.$ 00- 13' 25- W. _1448 49 feet WIth the west 11M of ..let remnant Smth tract to an rron rod found forcomer.l81dpomtbe1nglh.~~rnerotl8ld...mnantSmlhtr8ct .....- . ... . .. 1rtC8IIH...... o.c. ~ !t.:0 cJ tr90l.+~C'S+vt~ ?N I · 3>tOJa-S I (tiQ-3ll3>C'Q1lI ~p ~t ra00Z-E0-t'-I:ft I Iii I:? .a I svxn 'NO.J.N3CJ . 1:lVlLL H.UWS' ~~11I11111 I .1,~..Illlllll r .~ , I~ &Ii :: I o ... , I . ~,j ~ . ....... . "f r .. ~'-:-~..~~~I ~j~: :..- II~ ~ L._ -: r:-'~ ..... ~ . III f , I · ,.n '" ~ I ~ II II I Iii hi ~ I ht-: ; I~ I ~ < , ... I ib all, I ~ · ,~~ .. ~~...; 1 ~ 119).11 ... _.~--- ----. h · I ~ '" ."'.. . . I. I. I k - ~ ~ II i II . I, I I q II; I ! :-:; , ~ ~-::-l ~-; :- r.:: J +:: . I III II. ~I III,:U', :.:. ~l ~t: !. '-1 .. -..,1 a ~i!; EB I ~III I' ...." [ - ..IIHIIII'llL .. Ii " i; - 1. ;. ~~l"'! i rt~ ~W t !.tu I~ ,." ,I II ii~ ~ j ~ - - - , ~ ... . .. II t.d~,hUllh I~! !!-"!..~ill ~i ~--..~ ~-=~ ~ <( 3) tlm=:.. < - , _Ii .,. I · -t'" I r.. t:-.r. I ~ ~ · ~ a. ....,. -- · ..... - ... l N-I!'I'. · ~. I '" I I -r----- I- 0 XtQfGMt Od I .. n' t: I ~ I ,....:--- --~ ~a ~UU" 33lW - ....-----....... on I ~ ~ -,; I: I _ J~" I ~j :1 , +;-: .u ~~. u I:'!~- -~ .. '" - ~ ~. -j -I .. -;:Tl ~...- - I tJoL": 11 . . I . II. ,f III I . Ii.' _ II , , S II ~-- -::- -::.- ~~I-' \ or - ~I _ _ _... j _... _ _ _ _ _ .... 4- - ~".-. - 1~ !.!!. - ~ r"""::'!!:" , .... A"'- A. _. ..... _ ,_ .... _ ..- .... ~.. .,j" ..,.. ,o.. ~ - __""IJ"T .....--1 I r-... - -~ _ _ ... _... - - - ~.IIAI!!!IIl!~ ~ - .. -r f::"': "::.I"--:':<..i\ · II r" i . r l .:::...::. - ::.. - - :: ~';',~ ;.:. --:.. - I;" ...:- - -= _--:....:..- -, r ~ l: I"'; i · -,1 ~ :. I \ \ " 1 ~ I ~ r ,:1 .. I ..1 .. I .. i . I.. .1. ~ ~ I . .' , 1 .1 ..' .1 "I . .:i '1' ... _. ~ ~ I' I~ll ~ ~ I "..-- . Q. fl." ___.-a' 1 - ~... · ,-. i 'I~,I ~ 7'1' n 0_ .- i" L"i:..i~ ~ - ,. n n ..~! ~ ~ 11 I -. 1 I ~1I "~ I. II "I II" II 111'If"111lt'Y . II II I .. .. .~ '; I'; s: . hi ~I I i~\ I ~!l< L _ _... _ ~ _ _ _ ..... - ~~ - - ~ - - - i-- - - - - J I; L ~~ ~ f.... I .. I. 1 ....__ A.._......~A. UA~- U ~~ \ ~.;p. ~ .~ . -~-~~-., i -?"":"-;;~ili;=-~~" ~ili~~"~"ll~ I ~ ll_~' I' II~ gj ~~!.--I 1: · i .. II. I II P 1 ;; I , i ... I t .:j",;; , ,.....-. t J . ~I. ..., I I ""TT""IJT ,.. ..... ~ I J' - "'ll i" · · I ~ , ~ .. ~ i I I' .... II I, . ~ " I'. I: . II' I .. ~ I. - ;. .. 1, j I. /' -:...-. I - Z ) I'. 'i ;:.! ~ ~kl; . .~ . : ~; _Ill ,-; :; T I , L: -J M ;. '.1 \ I. II ~, .."\. " ~, .1.01 1... -.~. I'" ...- I · t; -....J ~ ~ ~ ".. · I ".j · I' I I" . I n. ., _ 'I"..=- "''' . . 0 ":j ~r~.. -'~-i I ~,r-~. I ~ -:: I 'I'! r:~ -:.~;=. -. · 1/ I · .' y ~ ... . _. I). .... ~__ 1111 ~. " J: Y ---u t~ _....A ~ - ... J - ~ Ii,.. · r ~ ~I ~ :t:: ,-...... ' .. Ii " ~ _+:.--- __ _ = -!.' jl:! II :r.\." ~_" /t~ · I l!I \ ! EIJ01 ,- l--':1- ., I ~~ ~'_.. .- - - j - 1-.-.,' It"' ;f~; i~ S? l;;-Ol- ~. . lit ~.. , r.- -..-.-- _____,...,- :3 t......lT, ....s - '. I l;- · .. .1 Jr;~l':" ~ . \ . .~_ ~1S~ ~ s.. , - ~ 4' V ' i. \'1 s !. , JO'l -....- s ---.; ~I ;.... I~ '. ~ . ." _J . tit. --;r-- l J. ..; I ,- - .~ t I ... I!I" . . i · .lOl 111; " . +-a-'-:-r- ~ ~ '" ": .!...,.- ~~!" - J _ I ~ .... l J:.J · t I : If. I !8~"- -- '" ., ~ l 101 . ." -r ,-..- - - I . i ~ i..-g, ...-w- __, ... ~& · I ','1 ";1 I ~ ~:: I .." J...:.,!.~oG.' ..." 1 ~~ 1101 , · · t ."'1':". ~ · ~ ~ I' P · i..; i ~ !Ii" iii ~ _ ... - 7 -- ........- . ..,.......- ...---, III ~ I: ~ "-T--- ,J.. , ~-rM'.on~'~=--==-:-.~_'~. ~ .~~! \ ~~;. I .. ~ - t ..I ~. I~-' -;I{.~ ~- -.-=r:;-: ~~I"~i : \ ;;:!--" ~-lr ~ .. \ 1 __~ . . _ . M 1 "~, - a. ~ . ~ \ la~ ~ 111- i 1- · I ~. ) II. ... ~', ,~ : ~ <~ .:1 I ~ (M 0 H OOl a3SOdO~d) avo~ 3V~8 31NN08 /WiV ~~ I -,.- ... I ... I II ft!.Il I Ii J I I i ] . I 'I' JI II i .1 ~ ,; I " I ~I ..1 III I III l 11 ,.. I II !I I I ~ II .. l ~ ~'1iIIJl'I~ ... J n.nI: f....~ .'CUt .. "4Q Ht -~r~ is - ~t -- ~ ~-- 31\ '~a 31 VD1S3M 9l- .is ~ ~ NO tS tAJ08 ns 'A >-r ~ .-I , 1'.., t') 1 ("" 1M o r EXHIBIT B . ~ J ~ I" .. ~ ~:,..: .:' · ~ . -.:..L - - .... ~ .... "" .. II ~""_..:' to, . ~' I · . . I I r .... ,. rj- "'t .:.......a.-. ~ I~. I -. ~ I 1- .. ~ lj . . -. ~ -..:.:2 I II"; ~';-1 J I ~ ~ ) ! I '~i ' I '. .~ f ~ ; ',;: I - 12 ! Ii ~nll i '~Ii 'i~ !: ~n(~. ~ .~i t , I. ltE! II" ~ ~'I~1r ~M ~tf 11j' I; · ;,~ ~ I ~ .: ; z;+p ;-~q ,~~ !ii i:~ .' : ; I iJ~!i5jJ!~I! i ~~8 ~,! ili!';. ' \ . ~~ ~!: .~! I !r.!l~ ; JJl~~j ;!!nli I !!i!11 J ~h '. :. ~. 1'. 'l~ ~ ;lla,! ) IIIIJ1M __Ill' "11).. II . II., ~ ~l : ~~I~ l~~'--~:---~J ~~---:~ - ~~ · II ., z' ~ -< t... _ 11m. i'! \ ~l'Iili a p.' '_ ~~" "-1:;,' " ~''''/. ~ Ii - '.:' .T.. 1I I .1 . . r. ': ,Jt " - "1 ,...-, ~~ \11 IJ ~~7.J -:: -.:-' - -.. ~ II! \ . ... Il "', · .... ',1 · .11 ' ." ~ .;.: L .L.<P...J.- :. r ~ - ~ ~ ~ ~ ..,.1! . , I' I ~ IlI/." t.. '1 . . . ,1 :t:~l ~r~ - - I' ~" : ,. .. '; 1- '\ . ~ Ie · .. 1I ~ · · "'J 'r ...... T I .,.., h ~ ..' tJ-. \ r ',~_.' ~ I~ ~ ~. f!- ~ 1 ~ J~, I~',. . l~! Irlll .., '" _ J P ~." ~ \ l: " ' - ---.... ! ~ ~ \--1----. I I ~ 1~ I 1......._ -.---.. dh I'\!.t-~' li~ 'I · 'l\ !~~! ~~ \~~~ ~ r~ L_ - ~I; ~ i;~ I ..._ ,... !1J \!_ ~.~' ~~.' , \ ," I~~ .. . .!....:...Il Il~~ I ~.. - ". -- -. I WI .. l~ ... ~ 1 ~ " \ ~ \\.:'J .~ - -, W t' t · : I It .. II -I .l~~' ~ '. ".. 1". · lh \. .. ,. --...-.. -- I m I . _ _~ - ~ _, - '~.. r · , \ s ~ .~.~;.~ I 1 ~ I rf- _ _ _ 1 . ~ ~ i . J · \... ~. · t r~ f II ~ J!\. I r:! _-;. =-,;. ~ :::. ;:':... ,t.. · \ t: - I · · \ ... ::- --. -- ~ :: ~ ",-0 I I. I 11 h. ., It .. I :J i . .1] 01 f '~l \ /.. ~ - - ... - .. - .. - ..J m r[ __ - .;t _. ..~~ \ · \ .".. -;. ~ ~ -....- I fITTIC......1XV~ t I~ ' ~.1.; "I-I"'; !;..; "It ""'i .~~ .. ~~~~ r~-..j-~ll J: .. .. i · lip I ...I~ Il~ -~ _~:Ai - ""'.. ~I ~ ~~ ;" ""r:" ., .~~.d I ~ L.:::: -- - - .- -- ... .. r'.A" I~l -- _ ~ ~_::'--=-::. _ M ~ -_: \ ~~, ~~. .. ~...rfft:- ,. · I 'i:; · .~;, ~ . ~ _ .I _.. :..!-:-: I---.~ -i~ "j 11: I -...- - J ,- a "flr[ III 11 r~ :. · ~, -J_ . 1 .. 51ll. :.1 II .. I i I! I - 1" " · 2 -" ~~ 'I ~ ~~ I 5!.' I :. iI; tl. · I-!L~ rL~~... L~~t.:....: jl ~I .----=-I-r-- "~i I "I~ ~\3 It t.~. I '" fli II · ~._ __ __ __ ..' ~ I II .. . I .. 1 II . 1 I' '" FI r ~t I ~ c---.:'" =,"",--- I., I~ ~~ -- · llol- L .,. u j r--w".... · .~~ ~ tFF- -.r N. -...r "tIT 1Il ":..=w I; Ill'. i . I "\.. I . .':!l II'" II '1.... '~ If!. ~I . II f,,;..i. (;; M'I .1 11,'",1, ~:I ---;-7' L -_..~ -'k;-~ I ~:j _'1 l \ ;-; .; 1 i. &,,:, _.J L .~ ~ t 1. _6 ~ ~=I ... .u. ..I f ~ I . r · ~--.-.---...- ~ ..." - ~L - n.--oI....- .--.------~----, ~ T -.- -~; - - - --I-- -I~ ~ I-!:.i - r-~l~- -".-- -"-'l ---- ft. ~H- -t;.n f ffi I t i ~~.. I III. . I ~ _".1" fit!.... I ~,' i ~I ....... l1li . -:-- I if" C. _;- -----;-- ,tc - - ~~- - ""'I - ~r- - ., ~ _ _ _ ...~ i-= _ - - · ..-r I I I ;;;:I I J' · II . "1 - c~. I . ~ .uo -- .::- :.. ... :- .. ..~ --'": 1 l '~.1 . . ... t ~ 0.. . I ~ -,... fit - - ~ I ~ ....' '. II ~ f .JL II . 11 . Sill. I ~ II · ~ ~ 11_. '-L~r;l. - · .. .. plJ I :1/'"""\ ': -;:-.., - -:.- ,::::- - - - . - =- ~ .- -... -:: - --;:-~ : ~ ! ~ ChicHI IiTIK'. .i.UlIi:olU · 1511~ ~ ~ 1111 II~ 11111111 I ~J : : : : : : :: I ~ .~~ ~I; J lit 'Ir-~ ,Ja I WXll 'NO.lJlQa DVllL H.UWS ,.. ( M 0 ~ 00 L 03S0dOed) O'iOM JV~a 31NN06 ~ -..10 0t4 II .<<'.. 11:00 C -- .?' ! ..I ~ ~ !I L Ii ~ ., r. .: : i ~ c tOt' 3IWd Hll: 10.\ c>> JHlM13\JO ..1'" atONY. :3J\ l~O 31 V ~15 3M r_ _4 ... .. ;,. t f 4.. I .=~ ~r;! t :.1: ,If - . 9L-.3S . - NOfSlA IQans >tH't d 11 'If) I <:;-,M c a. ; I N . J ii Ii I fal 2:i $1 . ~~ ~IS! ~ l~ ~~i (M 0 ~ DOL aJscido~d)' ,. ~ I . a'to~ 3V~lb3r~08 ..-1 ~ ~:f __ · ~.( ~ ."....6 - 'IIt:f1. ~ I t 1 ~."".1. I r4I Y1 · ... I........ ~... f I '- rr:~. II~i~" ". "i -- ~.,rm I ~ Lr-.1- - ~ ~.- -' '(~!cl I ~ I i.....:!?-!_~.....;.-'i- ::- -- 4 ~1 -I I ... fill . I I( l r-: - - >- - .; ,..::'" ,II ~/ .! ~ t t 1-;' I ~~. ",:;A; t:- -< P ~ J ~ I J' ~ ~~ !.-; :~ I ~ . i ! ~~...' .. L.. oa..! -~It:... - .. rt-f CD I L. -- 1il".1 CI7 ~ .,.,-- .~ ~ .~ .....-- .... 1 ~~" , . ~ .. r-If~ -~~.~ 'I Arr-;2, ~ ~ \ 111' I I ~ rt...\ · · -=--- , m .. . .". ~.~. \~~.: h ~~ 0.; l~t:.. 9 .' . . '. .' :- ......- .--. .It ill i J!=- y~j)P'.L~).j I' · if ~il-- . - . ".: .' '. . III. Iii \...... ~ . .. .J... I I .. r f . ..: .' " tI 3'" I I r-n. ~ . - --J t · - J · }~ -........ 00( ...... .~. .... .~, -. i~ .~:~:J _o~. ttt~ ~~T!fV J.. I is ".. / /;.-/ .... ~.~~~7 / / ) _...i __~.j" IU ~~ . "F ! ~~I.: LL /_~'_ D n: .~:L. ~,. P';': I .'. - l -7 df .-J ~ ~ :lu 7/...........~~i~ , / ~/ I V"I/~' JI, '.:/IfJ*j.f~~ II. ~tn::..r>"-' i-" 'U ". ? ?' /: -vi../: c..r- - ~ · ii~ .. ~ ~ l ~A "'"..... -- -= i l..... . ~~ j~~~ t11 iI).-.1A '1~~1'1.~.....-t ,,-'~ ~..:_~ ~ ~ -- --c. ~ =:A u'-- .~y. 7~. ~ ~ ..... ... ~ - ..~ ~ ? ~L.a' L' Y A_ ,- ~ ~ - -nor - "( \ ~ 'iAif ~ ~'-1) '" . r15"i ~ - .F W ,,,- _~A' _ ~ ~ \~ ~ t J I ... u ,...0 >;;:.... :: ~;:::_): -..,..~""" '"; =~ _~_ _ ~ _:-.:;: "'~...-~ . J~ '~~ /~I 1\ 'ilfi":1 . ; fi 1I i i i [Z'i6Jj;1-:1 .,J~ ..Jlf .lr~~ ~ .I~. ~ :I; ,A "ft;ln I r~_. __I ._ ~} · I' ~w;ll ;;r~" t ':;Ci I~~ - / /.. vrY!I V 7. ,~Dll)f~ -~ .... -If[ ~/.- L ~ oLlr i ;11 -I~. ...?} .~ .., ~ ~ Co. ~ ~.. ~. ,. --- I' [:Z 7. ~ I II .1 _I , r~ I ~ I. ;. ~~ ~"a 1 < ~"F '~.)-'i. -1)tl I i!'!; I "f1t't,~ " · ~~ Ii . t, "l~i..:! ~.: ~. ~ :'I"\:. ~ I ~ t .~ L_ - ~ , - 'Z ""':_-~ ~ IW4=I -:"""- ~'~.:-I:: .....l.fI Kt- :t' 1-..:- -_ ~baP''''''~ ____ _.' II ~ · Ii '- It ~ J I !J.. ~ RJ ,. ~,.. '( ,\ · ~ I r r~: ~ ~ v......_ '-'- -...- -'- -- _...v 1/ · ,,-.... I IifA "" _-I;~. ; t) ~! ~ ~.........- ,,-" r- J ~ ,.. - --- ~.1. .J ~ ~ II .--, R'" ~ ~~ ..- ~ri/ r:.t....:.. a--t'"" " ; I 7 l .~. 4 r--- . . ~ P I I" I ~ ~I s · · q,: I - I~---' · ~II- n) - - ; / _ ~ :1 i;~I~">la~-fi 11..1 :~t.~ ~r; i ..~lwlrrf=jJ~~. .'fJ~: J-$r' ~~~.)-~ ~"'TJII~ .~r~f,A It! I I :~No ~ ~r"\i II 'L:: J~~ / ..' J r(Y{::~~~~/ I r.~'" --.....- ~ '- II r'," · ~ ---- ~ ~ · '~\ ;:;x., ~ / t ~~ J~I --11 rt -.f · I ~k~" )!....--- l..&-. I 1'1 T . ..=.::.:: ~ "':.\\ - .1 \ 1', ~ ~ ~ ~~R~\l i I~m ll.~ ~~= i.li,~ .. -' A' j 7 /'"" !i"J9 .~- -~ .." ~~:~~;-f"]" I 'JU~~77~~~!' ~~'. ~~ V~-~::: 9-J..':.::=_... ~...~1_~ : ~ ~; ~ r ~ · H It;'~, ~..j ) ~ ~ 5 :Ita ":"1...I_~_1 II r'-lt--..L ~ ----~.......... ~ .,.~ ~::t-7' ~', A ~~ ~~ ~ n JOl J. .. I I '\ f ~ -~~..::l~f-- J.-.-- % . !" ~ ~ 01 !Cn 1:'1'~1: J I. )~;;.\,~ \~,. ~I:~ ': ; I}f~ ~l J \ ~~~ ~1S H . 1101 · .;i.,~! -: ~=" ill-'l~~ :- -.. 'I~I I \ ~ ...... j~~~ l r-;:; I ; ~ .I~ /- t 1 ~........, .........'.."""""1 r' ~ "-: ~ - 1 - I -r"'" ~ t I ~ "\; · ... I I · ~~ ~ is llO1 ~~J! lJ~ "I~'~\\~i -; \=:' ~.~/l :,: 1~ '" f~ '- ~ '~~ ~.!nn. I ~~~ ~~.~~ ~[; l~::~' J J.. JfU~J J I \ ~ Iii .... )lie!. ~~l ~ IIDI ')1". I .", I h -H' I ... .. J "-- ." ~ .... ~.;I"--....~ I.0IlIIII - ..M~ .-- J .. .i~ _ S ~~I!~'~' ~ j t101 -r1~; ;.~..~~;./ f?.' ~ .~- ;':AJ.;~\=:.lf-~" r" -,-~ 'l."~ ~ ~,-"J~~lIj-30 -'~~prl= --tf' -~c-,~~.-. ~~ __ -- ;-9-!: ~-:- -~r ~-- ~ :,-r-m--------- ---=-l ~.. ,. J'" t :" -{, ~ 1, ~... - - ~~ ~ ... UOl . I~'..-la -~l:1 _ 1,..'1 r.t n . . ~ sa ~' .. "'" \ , ,.. ~ I _ _ _ ~ ~ l!-. ::-.~ _:_ - T' -...... - 4.....-..-u; - - - - L __ ~ 'Ii 'J.01 . - ,,/ ~ - . . . ~ . ~ .- ; '1; ~~ J JQ II~ bl i I !~ JIll llJJJJIJJ JS 1!llfI,H I : ~ ~ ! ~ ~ ~!~ ~ ~ ~ t II · :11111 I ; I" . II.... I I I svxn 'NOJ.NJa J.:>VlLL HJ.MS . - ~I! ! ! ! ! ! ! ! . LtlJ II J IIIII J ,tt) J ... I Q II II . " . .. I J' . J . ,JJ 111'1 I, . 11"1 · h ~"j"o · f! IIII J . IJI II J 1 . d .1 .. ,I II I III hi i !I .11111; J. III II !I hi .. e ~t' I ......... \.. -7 :'. --rul ~. ~ JA~~'3J.V~lSJMI . \, '~-:LII . . - .. 9l'- .:J . , "! · .~ ::: :', \ .. 0 ..". · \ - NOISI^J08 _: ~:I "., ~ I .. .4 . I - )f~'td 31 ~~lS .. ~'3 J: z ....--. ~ ~ ~) ~ "':II: .... , \ I~ III'~ ~EI ,~ - /(M 0 ~ 00 l n~I"lAO~d) / i / - ~ '~t1 .:Jv~a 3INN~ / t' - II. i .-::?,---- ./' t=3I =..J.~ .---. r'IIIlIII - ."~ ."'-. -, II I / IoU VJ'1 -- .''''' I I' .- ~. /-. .,P' //~r: \ ~ ~11 ~':IIJ;l;j'~I~ I II; I U ~ l"'~_\ 1\ \ r'\ ~'--_ _~~ - r:;P.:",-......,1 1111' ~. I / ~ ---\ \' I ~ ,!", I :; Ih ~':f~ '1'--] 1/1 11111 ,I ( I ~ / 1/ r--.:t III i ';:' -' v .. ,.t.I. I ~! · · . ~ ~../ \ -1; ~ 'I(; ~ ~~ I~~l::~; ~jll1 ;i~: I~ icij@";I' I' _-J~! _ V-f~8 ~~~ ~~ ~;; ~ ~~ ;II~ Ji \ \ -l I US1' ~~ ~~ 8 . ~.. ~ ~ ~ 0>'.) t1~.~ I ,} \( ;/"l. ~'~l.1-- ~:z ~ ~ ;.~ ~ ~J~ E!J'Ter 14 f' PZ~ I I ~;! ~ - lhi1~l-i~ ~~~~1r~~~~ ~EI I I iiI : ~" ~:~.~h I ~~[II iU~~ ~, ~!iDUJ iiBll .~~ ',"~I~. I ~ \ lUlU ~ ~ ~C~ ~/ - · .~j}) :c1 ~ ~ ~...:lo., --.. , - -~ - '--- 'WJ "I( e ~.,. ~~1 ~ f\J.~ .. 1"\l ~ · · " -- l , ~ g ;-h ' "1, =-, : d .., --"".1.:"" I~ --- ::E.s-J~ , .' _i~~1 '\ _1l?:;:~~ ~ -~;. ~ ,~~:'2~~~ ~ . diU ... JJF!} rl r;: ,'j.j! IJ, ~'n ~ -- ..,-=-- ~_., . ,1.~ ~ 1:1 It , 7 It_: ~ 'f#:l~~~~ - ~~ ~ , \ ..... . 11" ~j ~I. ,. j · I~ I; J~'7'J If'i-{; iii I ~{,~l'" Y' I~ ~ , .t'--. '. ..t\ i . ~ u ,.. '-'.. I~._, l::'t.,~""'F.':" il~1t · 11 .r~. 17- ., ...'~Jri~' a,. ~~ ~ li..~ ~ _._~X-.Jj ~ i.tJ:~--,....; JIi\}~;(1 r~~ .~' ., ~ '12 rTT'~ /~.-Z ,--j ~1!::::TI L:::::.. ~ .... - ,_'1"1 ~. i... ;'ilrI':'"fI.. ~... . " -e. ~ .. to;/. r:f ..,.-___".L .- ~ "" r-iiOi....l;;. - -{; i a~ll I~ 11":1(....\ ' or CJ! II i .... ." '~ ;'. \1JA lIJ~~~ :::\;~ ~=~ ~r:4\.. ~~ ~~~~It I L~" ..:e~~ ,.~_ l I ) ~i'J J\ i il ..~ ~ l-t,.:- . I \ .. 'f\.-1~~. 1~ Inr)1 ! ~ ~ _. _.,. ,. _ _ I 'If ,.., i7 l-':..1.,: th.. \- \~":L " r,\":l ~ ~ II I~"~ .. & 1: -..~ ~ ~...w ~~~ ' t ~ '. -j II. t .1 "I. · I It ~ l," I..... II ~, ~ .. ~,;t- ';:h';'" ::. fT-r-: ~ l' ~r ~ l~ .. \1 ~- .;.; A ..I / J \ ~~. ~ ':""~- ~~!... ~ -:.. r-.~~I ~ ~ W._lI, ~[i11 '\I ",1 It dl.' .1 ~ = 1 \\'~ ' ; ~ . ~ ,- '1... -..-- -'" .. ~ ':.:; ~u: i~' - __\\__l\.~ '-'';:'~~ ~ I V _..~, - I ~'T ~ ~"l~ I~rt li~\I'J n~.ll\i"'iI"". .II~ ,,] ~,. t l to ~~, .M- ~~.Q"" 1 ~ If, ; .1, m:,t-J - jl t~~r-~ I~ IJ'iRj [l.-1-..-~~_--:-It~''::;,_J V _. ~._ j fP"'.A' P ~~ --. I'. _1 I - Ii' _ 7..... ~ _J. -__- ~ .. I ~ -.... ~... ......,-1 11 - " ~ -.....". """.... ,_. ... _ . _ I II I i ,S. ..,;-< f.I.. ~s ""i ~ ~ .I:\.~_ ~ Y._"~'" l~ r~ ~.I.....,..._ 'I ~ 1/ ~ ~ ". I .'" 1''- . t Itr,r:.'I.l .,.. \'" :~. I II~ :s)1.~1 I II i l.~. I .. LL .I"! ...~. I;li -:.;;: ~ i' It l: ~ "I."" _,I '" .......,~!; ,_' , i~ ~..~ -.... - , " It B' .. ,- I ~ .' .. '1 ~ . . It ':1 tlit "k I'::it _ ih I . 1 " _ __... '''- ~ .I::'r-:-r; ~ ~ ,. - ) '!i" I .1 f. I:' .1111' J'-'- u' ..-. ; ~ . :I-~j I ..'~ ,Lt:, I ~ ~ 1~ .~ ~ _._l .1!~lr -;~ iV'''' .. - J iP U'; . ~ i. .t. I'll -I ,. I ....~ ~l . I t"J L-....~ '\iC... '.;. ~---.......... ~ ." I 't ""T I I hf.':- Jillh'.::} ~~_ l~'!~ ~ j r~ J ~..:~ -1 . _ J '~II ~ \ "-. · ... ~ i III~;-~ ,f,\'~ ~ I t\: :l ..,} '. ~J.' .'j .. .. _ ......"'l~ _." it" ~I )~ ~ ~ I ~ '.' r"I" ""l.'O1l ,QJSllllOW ......- -:! [I H N · ~ ~ ~- - ,'; II ~~... .. j · 'I. ~, -;.. J"....... _ >-- :_~ -~ - _ - - J1 1 .:1 n. ~y I~"':~" . r ~..;l:-O" ; \ ~~"'* 7. J P ~ ~ . " I) ~ --.. ~I II ';; --'.11-:'" ~r - I--::~J ~. -/ ~ -- _.- _ . "'- ,J~ H --,~ J, --- - '=-- - . - - .~ · 1.1 ~ --: ~~tl' I .7. ~ f:' - · r-5;i-'* -:1~""" . ~r: ~l M .tr:~.._- '1 j t ". d til ~ II It: 1 ~ - - - .. - - - - ..; . .. t - .-- - - - - "I II ~ _ II ~,-" V __, .,..,.. ~~..~ -I M," fl It..,........ - - . .. .. .IL)- ... ;, 'I, ;I'''t. II' -II I. _ ~. l Vi ~ '- ;:". ~ :- - - - .. - .. P' " .. . I. . . - .. '- \ ~ - 'IT --::- II: ~ ~...---.. .. - ." -. .~ --.. GI I II I ~'r-.. r- __ _ - ,.- i-I" - -~. 1.""". · - - , " ,. '. ...Jt~tt{'TT ~ I '1 Mt1....1 -f :.~ -. ,.I/' · I " ..... ,,~ ;;;;15..".. - " ,1 II II - jl :r rlll II 't-:;r:~ r:1 /" ,.............. -- --- -_...--~-...- - --"--- ----:..I~- , -'lll1"::1 C ! I; I. '"J ." .. ., !.....-......... ,__._'N :::-: _, . ;.0 .. - II .., 0 ~ "'1I ~.., n"lli .;rQIC.lICI.J-'J-- _ __, ~"- :0. II _ C9tl Z1Vd "OZ "0\ - J )A'~'" 31 V~lS~~ . ~ - - 1t- eo JIO~lO Y11lfo\ OIOtlVlI · '; - ~r- - - Cl .. - I~ 9~-3S ~ " . N01SIAIOan<:;...... . .!::? . I i II! II IIP1 Q I J Ii I~ I 'U!a ! Ii '1 SVXi1 'NDJJ<<J .L:>VlIl I-U1t'lS . ~i \ 11\ \ I \ I I I .1-1 , 111 , III IIlIt .1 'S ,. J · r/ '. \.'. , _7 . 1/ \ I ( 1'-'-' . \ ~ THE SMITH TRACT PLANNED DEVELOPMENT DISTRlcr PD #115 . EXHIBIT C.. DENTON, TEXAS INTRODUCTION nus Planned Development Dmtnct located between BoDDIe Brae Road and Westgate Road, JOuth oCHlghway 77 m Northeast Denton IS the result or land plannmg for a mixed-use meeting the mutual goals of the CIty of Denton, surroundmg landowners and developer Land Un Plan The land use plan Calla Wlthm tho gu1dcbnes or the current compreheoslve plan and follows the proposed densIty model and plamuns goals for the new Denton Comprehouslve Plan 1999-2000 prepared by CIty statT " Comment.' Dlatrlet " "" The Commeretal D1stnct IS set up to encourage trachtlOnal town plannmg for blStone" Texas towns whlch have retail and office bmldmgs at the front property hnc With pedestnan oncntcd SIdewalks and paraJ~ parIong m front of the bulldmgs Large parlang lots would bo encouraged, but DOt requIred to be placed bC1und the" bwldmgs "" " Street Infra1tMIdurt# The street plan for the Snuth Tract 1DCOIpOrltes an East/Wcst artenal across the northern part afthe property, tymg the 1-35 comdor to Bonmc Brae There WIll be a North I South rcsJdent1al collector iunnmg throUgh the center of ~:" property connecbng a southern entrance on Bonme Brae to the Bast I West collector P"arks 1 Qpen $.pace ..~ :~I:i~~?. .:~.:.. ~ .,. . . This "track of land has an open space park dcchcatton" requrrement of S 7S acres based on" the Dumber of smglc fanuly ~d nmlt1.fBDDly umts":" "" ., .,.... i,1I lbstnct proposes t1uee levels of parks and open space aa fonowa Level One A A 18 22 acre Jomt use pubhc park I schoolsltc In the Southwest comer of the development wd1 be dedIcated B Open space of 4 195 acres between the commerclll and resu!entlalland uses to be used as a yJsua1 focal pornt at tho roadway eonvergcnce Area to be mamtamed by Home Qwncr's AsSOCIation Level TWo Pnvate pocket pub are scattered throughout the development to encourage playgrounds and breathing space for netghborhoods TheIc would be mamtamcd by pnvate Homeowners' ASSOC18bons Level Three The developer has coDUnltted to an 80' ROW for a North J South resldentJal collector Th1s PO .hall follow the CIty ofDcnton Zomng Ordmance m effect August 15, 1999. Chapter 3 S All of the land uses ID the PD use base zonmg out of tlus ordmance and 8S amended as follows X 199 PROJEcm99076-Sntlt1t 7'racI1Ciwmpondellct'90 16PDJ 2 , 99 doe Page 1 PARCEL A. . Commerclal omee Gross A~ge Pubhc Dedscated ROW 23 38 Be 393ae Net Buildable Area 19 4S ac Maxunum fAR Maxunum DweUms Umts 21 o Maxunum Height Restncbon 2 stoneS SO' . . . . . . Square 'Footage 1D DweUmg Umt N/A. ~'n1mum Parkmg pcmntted per ordmance Sidewalks pcr~ . per ordmance . . I . 'Open SpacelLandscipc Buffer Mmunum Front Yard Setback . . MJ.11]1ttUD1 Stele Yd'Sctback MuumumRear Yard Setback Screemng IWall or Fences 1 AD. trash enclosures and scmce areas must be screened . . WIth fcncuig or hve hedge 2 There shall be a 6t masonry waD butlt between . .. 'officelcommercw USC$ and smglo fam11y . See Appendix ExhIbIt A Muumum Amcm.ty Package pther N~est . CommercW. retail and oftiea uses arc encouraged to be bwlt to the front property 1mc With parkmg Iota behmd and para11c1ltreet parkmg encouraged IS ma central busmess c:bstnct model foDOWUlg tndm.omd toWn patterns . Developer ~ pronde arcIutectural ci1evatJ.Ol18 .for detall plan revlCW . 'N/A x~n~E~m~~~l~~~~~mNH~ . Page 2 PARCEL B - MF~l Gross Acreage 11 43 Be Pubbc Dechcatcd ROW OSae Net Bwldable Area l093ac Mmunum Lot Wldth per ordmancc Mmunum. Lot Depth Mmmmm Lot S1Ze per ordmance per ordInance per ordmance Maxunum Butldmg Coverage Max1mum 'Dwelling Umb Mamnum Hmght R.estncbon MDlIDlUDl Square Footage ID Dwelling Umt 200 Muumum ParIcmg Penmtted Open Spacc/Landscape Buffer Mmunum Front Yard Setback per ordmance per ordmancc per ordmance per ordmance S' m trachtJoaal town eontel'tt per ordmance m any other concept Mmunum SIde Yard Setback 10' SCreenmg wan or Fences per ordJnance . Secunty renewg of complex shall Dot be pemutted Mmunum Rear Yard Setback Mt1'f'muID Amcmty Packago N1A Other N~a~ . .. Fio~ yard set back olS' 10 eDcourase trach'bonal small town downtown model . DeVeloper W1l1lmmde arclutectural clevanons for dctatl plan revtcW X \99 PROJEr:m9901UmltIJ TrdetlCDnt1po1Ulen~\9016PD124-99 doc Page 3 1- 'areel C AND E · SF-5 Gross Acreage PublIc Ded1cated ROW Net BUIldablo Area Mmunum Lot Width Mmunum Lot Depth Mumnum Lot SIZe MaxJmum Bulldmg Coverage Maxunum Dwcllmg Uwts Maxunum Hctght R.e8tnCtlon Muumwn Square Footage m Dwelling Umt M,n1mnm Parkmg Rcqwred . Open Space/Landscapo Buffer MmonUl'1 Front Yard Setback Mmunum Side Yard Setback Mmunum Rear Yard Setback Screemng Wall or Fences Muwnum Amemty package c E 20 69 Ie 12 07 Be S7ac 262ac 14 99 ac 9 4S Be 45' 95' 5000 . f 40% Parec1 C 106 lots Patcel B 59 lots 2 ~ stones or 36' 1600 I f 2 car garage . ,..po_cket parks 2S' . 10. 811d 0' or 5' + S' ..- .-per ordmance Masonry walls reqwred where houses back to streets See AppendJx uExhJblt A" . 1 Pocket parks.1D all three tracts - acreage as follows Parcel C 732 act imd Parcel E 3.9 ac POcket parks to be mamtamCd by a Home OWners' Assoclatton 2 Two 3'" cabper. 6S-gaUon trees planted between the curb and SIdewalk on eacb lot 3 SOOt'o masonry on structure as dermed as net ofwmdows and door openmgs . X \99 PROJECtN9076-SmJ1It TnlctlCiJrrapDMllltt\9fJ76PDI24 99 doc ~. . Page 4 PARCEL D- SF.' I Oross Acreage Pubbc Ded1cated ROW Net Buildable Area Muumum Lot WIdth Muumum Lot Depth Mmunum Lot SIZe Maxunum Bwlchng Covemge Maxmmm DweDmg Units Maxunum Bctght Restnctlon Muumum Square Footalo In DweUmg Umt MlD1D1um parkmg Reqmred 0p0D SpacelLandscape ButTer MmlQU,lm Front Yard Setback Muumum SIde Yard Setback Munmum Rear Yard Setback sCrcelUllg Wall or Fences (~~:. .~. Other Notel; 11 18 93 Ie S6Sac 13 28 ac per ordmance per ordmance 7000 . r per ordJnancc Parcel D 58 per ordmance per ordmance per ordmancc per ordmance per ordmance per ordmance per ordmancc Bwlder dew! wood fence to be conslSteDt along south property !me ofparcet D See Appendtx "Bxlublt B" _.____. __. __ . I ___ _...__________ _ .....,___._____________._._ . ... . _.__ _ _.__________ __.'...1' r- ...... ______._._ _ .... _~-..-_-_-----.......-....-.-.----------.-- I n----- _ ~..-..--_._-_---.- ..-..--.------ ... .. --.------- ... _.....__._------'-Io.......~rl_ X '99 PROJEcm99016 amilll 7'rtM:llCorrapolllleuc19016PDJ 14-99 tIDe Page 5 rARCEL F- SF-7 Gross Acreage Pubbc Dechcated ROW Net Buddabto Area Mmnnum Lot Width Muumum Lot Depth Mnumum Lot SIZe Maxnnum Bwldmg Coverage Maxunum Dwetlmg UDlts Maxunum Hmaht Restnct10D Mmunum Square Footage m Dwellmg Umt Muumutn Par1ang RequIred Open Space/LaDd8cape ButTer MmunUD1 Front Yard Setback . Mmunum Sltio Yard Setback Mumnum Rear Yard Setback ScreeDmg Wall or Fences Muumum Amemty Package Other NQJeI: E 103 94 ac 25 49 ac 7845 ac per ordmancc per ordInance 7000 s f per otdmance Parcel F 390 per ordmancc per ordmaDce per ordmance per ordmaDce per ordmancc per ordmance .pet ordmanec Wood fcncmg along east and north property bne of Tract F .adJacent to Off~ltc DCJghbors shall be a bwlder iequtred detaIl of a consuteDt design alODg property hnc See Appencbx. "ExluDlt B" Pocket parb as desired less than S ae To be matntamed by a Home Owners' Assocllbon .._..__ ___.__.... .........._.____.___.___ _ .... I ....._______._....... ~ .r---------------- _ ~ _ _... _ _____.____. ... .-- ."..-- ----........... ~---- ... .--------.--- r" .....----.----- .---..........----.-------- I-~- ----.-- ..-- ~.- --.--- ---------- .......--...... X \99 PROJEcm99076 SmIIlI TrtH:i'CDnupolldence19076PD114 99 tIDe . Page 6 ~CEL G- SF.. I 0 Gross Acreage Pubbc Dedicated ROW Net Bwldable Area Muumum Lot Width Mm1mum Lot Depth Mmmwm Lot SIZe Maxtmum Bwldmg Coverage Maxmnun D\VeUmg Umts Maxmnun Bmght Ros1nctJ.on Mmmmm Square Footage m Dwellmg Umt Muumum Parkmg Reqwred Open SpacclLandscape Buffer MDumum Front Yard Setback Mmunum SIde Yard Setback Muumum Rear Yard Setback ~ WaUorFences Other Notes. !1 824ac 1 47 ac 6 77 Ie per ordmance per ordmanee 10.000 If per ordmance 2S per ordmancc per ordmanee per ordmancc per ordmance per ordmance per ordmance per ordmance per ordmancc X I9S' PROJECT8I99016-S1rtUh TrocI\CtN-rapondfl1lCtJ19016PDJ 1 " 99 doc Page 7 r~C~L 1I-SF-t6 Gross Acreage Publtc Dechcatcd It 0 W Net Bmldable Area Mmunum Lot Width Mmunum Lot Depth Mmunum Lot SIZe Mwmum Bwldmg Coverage Maxmmm Dwelling Umts Maxunum HOlsht Restncbon Mmunum Square Footage In Dwcllmg Umt IngressJEgreas !.+flnnnnm Front Yard Setback M1Jl1JD11ID Stdc Yard Setback Mmunum Rear Yard Setback Other Notel. 8 S5 at 1 47 ae 7 08 ac per ordmance per ordman.ec 16.000 s f perordmance 17 per ordmance per oidmanc:e per ordmancc per ordmancc per ordmance per ordmance _ ___ ... _ _.....__________-"~ ~_-.....r----.rlr... r _.-_..... .---- -- _---'--10_ .........-------.........--------.... ...-_...... ,.... x \99 PROJB~UmJI/J TracllCortwpondena19076PDJ 2 4-" dDc Page 8 l,4RCEL .,. - Sehooll Park Gross Acreage 1822 Pubhc Dedtcated ROW 107 Net Buddable ARa 1715 Maxunum FAR per OIdmancc Maxunum DwcDmg Until N/A Maxnnum Height RestnCb.on per ordmance Square Footage m Dwellms Umt N/A Mnumum Padana Pcmutted per ordinance SIdewalks perordmancc Open Space/LaDdscape Buffer per ordmancc Mmmmm. Front Yard Setback per ordmance Mmunum Stde Yard Setback per ordmance Mmmuun Rear Yard Setback per otdmance Screemng WaU or Fences per ordmancc Mumnum Amcmty Package N/A . Other Notes: . School I park site 18 to be 18 22 Ie . overall lite . Tho Denton Independent School DJStnct (DISD) WllI acqwre owncrahtp of the dedicated 81Ut IfDISD ownmhtp does DOt occur W1thm 2 years of the approved zonmg plan, the dechcauon WIll revert back to Its ongmal Sf..16 and SF-7 zomng cws1ficaUon. at the d1screbon of the developer .____.___..-,.._......--------.------- ... ..~__. __.___._____..____..... I.' . r"-.----------. _. I . .. ._ ....._.. . ._____ .._______ ....,.. . ________________......... ,- -.- ----.--....--.---.. -. I - -- -. -----.--.-... - .-,--...------------- -....... ...--- -------"-,......- X 199 PROJECTSs99016&thh 7hIct\~76PD124 99 doc 'ace 9 ~ '.. ~... - .1- .... ...~..... iJ, ,.~ . ~ '.' <.>:---.'J ~ Wl:.'t ~ -- - ~-.\ , -3'; '-'1 ~~ ::<~....".\ . - -B'1 -~_L-:'-:~;1 :: ....j ..... ..,:'J : -.....:! . . ,1. ~: ..-\":'C:;;~. . ~; <;';'~'E':".~'~;~,:,iE";.~...'..'j:,.."~,;ii:;i;.-ieiN" ....:- ..'J'-.:.... ,:p:..... \L.:.~, :..:.A}"N.".. .... . "u>..\..U.-. '-':.'::"'V.<;'~. :"~.;Lji~~:~~~:':::J'VI~~I;.:: :", .:..>.... .... '.. . . . I.~._. I. -.- I ~.~:......,.:. .....,~. :~""'~;;'~ ~ ~ ~ .~::::.~._':>:S:~.(~.~. ,":'.;-: .::~:.:. . .- - - ".: ~ .',.. ~,,;,~",~...:' .-':'" ..-",,-= "........,.;. ....:...;;:,;;:.....::..,:,"'-';;;.,...:.~.~,~ ~.....;",-;.;;~,,.:;,.;~~"-~,.~~-><=:,L._:r._:' .. _.:~~..~:.~.. .:-:. - ".-. ...-:-=-:... .;..: : ._-, '.' i,~i.'t-.~,-.:,...,:"',,~<:-'::;;.<:. .,'';'' '-____ .~."' .,-"^. :.~ <. ..,:~ I . ~.... : ... ,.... . r..:.....,..:,. .. '. ----~. , : ~ . ~: ~ ,. _:~ j ~ .; . ~ .' 'f !. ~ . '" I PROPOSED .USES Troc:t 'Max. He.ghh MO)l. Site F'AR Acres Pr oc osee' Uses :A .!B : . Ie . . ro . . IE' . '. IF 54-.82 1 2. ~ 7 '54.9'3 :16..33 . . '5. '"4. ....23.53 '.44:17 '. '. ;6.27. . .' ~'5.42 '2"+5.78 ~ Busine!iii5 C~" ter . . Bu siness Cen ter . . Busine.5S .Centeru. . 'Business . C.en f"ert:,. ::'8U5~ness Center.. .Office . Business Center" . Business Cen ter Bwsrness' Cen ter 20 st orres 20 stories' 10 stories lOst ories . 2 story , story 20 stories 20 storres 20 storIes '. 2~ l ..' 2: 1 . .J: 1 . . 1 : 1 . 1 ~ 1 O.3~" 2: 1 . 2; 1 2~ 1 . IrA. rra TIC' . .. . . :'''MaXimum 'ru~;ighti of inctlvlduol lend' uses 'wiil be 'goVern'ed by th~ .Development S tcndqrds for thot .'u:lie. Tract. IF win be restricted .to one (~) stor"Y. No structure' wHI exceed two (2) stories west of ~ract IF within 500-feet of' the west boundary of the existing . 'Nestgote neighborhood. . . ...No.. industrial b1Jirdings' wnl be' permitted On Trat:t IE Of on . the' ", portions of Tracts Ie end ID which are within 500- feet, of the . ""e~t boondary. of. the existin'g 'ties tgote nefghborhood. .. .. I. FAR RECULA TlONS . !_c_J1~~" t AREA "NORTH CF OVER,loLL ~ FM SHN.L NOT EXCEED 1.5: 1 II . ~ ~ : i5 . . "".~ ~ . .' . ,3::: \ ,".... t. . . :' ~. . . '~""I ::. .. . -L ."--3 . ".". ... . .' 'AJtEA scum OF.'. . "~rr~ .' O\IIRAU. ~ FAA SHAlL HOT EXam '0.73:1 .' r '.,:-J.~ . .. fULLCREST .'CE.NT.E'A' . . . ..: ,RANCHO vrsTA ..' DEVELOP.NT COlWl'ANY DENT.ONI_ TEXAS _ . . f Ki".,.Ham f _:'." '~:Pfki~.":"-i!:)( 'cc.~ "-j"u Ly..I,'>7Cj tq-..(."~ '-. :-"~~"'-'~'~". .. . r:-:'" ~. -.. . ....:.. ..... .~~\~~_:..::::'.:.~~.....- \.:.-.: ";"';':"I_~~~..~ ~..~~""'..:.....~.-':'::' ~.J:"":'::':":--.:"'::'.: .i.r:"..:..-.0.~ rtr..~~~.~.,~..:..:.- ". . . 'c.':,;;s..~~.....::~...~-..:.,:""", oJ",:, ". ~.~~: ',-" .' ATTACHMENT 13 Denton Mobility Plan AGENDA INFORMATION SHEET AGENDA DATE: June 20,2006 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, Assistant City Attorney SUBJECT: Hold a public hearing and consider approval of an ordinance ordering the dismissal, and in the alternative, the denial of Atmos Energy Corporation, Mid-Tex Division's application for an interim gas reliability infrastructure program adjustment for calendar year 2005; finding that the meeting complied with the open meetings act; making other findings and provisions related to the subject; providing notice of this ordinance to Atmos Energy Corporation; and declaring an effective date~ BACKGROUND: Atrnos Energy Mid- Tex Division ("Atmos") filed its third Gas Reliability Infrastructure Program ("GRIP") adjustment on March 31, 2006~ Also, in another item which is on your agenda, on May 31, 2006, Atmos filed a general rate case with the City Secretary for $72 million including $12 million for the Interim GRIP Adjustment. Your agenda also includes an ordinance which suspends the effective date of that general rate increase. The Texas Legislature authorized interim GRIP adjustments between general rate cases~ The GRIP Statute was never intended to permit a request for an interim adjustment while a general rate case is pending. On May 3, 2006 you passed Resolution #2006-017 which suspended the GRIP increase until July 14th of this year. By a separate Resolution you also instituted a Show Cause proceeding pursuant to GURA Section 104.151 requiring Atmos to show cause that its rates were reasonable~ If the Atmos GRIP increase is approved the monthly increase in residential customers charge would be $~51, and for commercial customers $1.75. Attached is information from Atmos Energy's GRIP filing explaining its filing. As a part of the GRIP Suspension Resolution you joined the Atmos Texas Municipality's ("ATM") and authorized the hiring of lawyers and rate experts to analyze the GRIP increase. In addition to the finding that the GRIP adjustments should be dismissed, the consultants have also found that the rate increases are not justified. OPTIONS: 1. City Council can approve the Ordinance dismissing the GRIP increase and, in the alternative, denying the increase. 2. The City can refuse to pass the Ordinance and the GRIP Increase would go into effect as of July 14, 2006. RECOMMENDATION: City staff recommends that you pass the Ordinance which dismisses the GRIP increase~ In the event the Railroad Commission or a court of final jurisdiction should S :\OUT Documents\Miscellaneous\06\A.IS Atmos GRIP 062006,doc Agenda Information Sheet June 14,2006 Page 2 find the dismissal is invalid then the Ordinance also denies the GRIP increase. It is wasteful of money and resources to have two proceedings pending before the City in which Atmos is requesting recovery of a GRIP increase for the calendar year 2005~ There is no need for an interim rate adjustment from the same infrastructure projects, which are currently being reviewed as part of a full-blown rate case. Under Texas law Atmas may request GRIP only if it has had its rates set as a part of a general rate case within two years prior to making the request for an interim GRIP adjustment~ Atmos did not exist before October 2004~ It has never had its rates set as a part of a general rate case. TXU Gas had its rates set in 2004. Atmos has never undergone such a review. On a cost or ratemaking basis the two utilities are different. Atmos did not step into the shoes of TXU Gas and TXU Gas, as a corporate entity, still exists today. The ATM Consultants also feel that Atmas has not justified the GRIP increase and, therefore, are also recommending a denial as well as a dismissaL FISCAL IMPACT: Since the A TM will seek reimbursement of rate case expenses for this and the other GRIP increases we do not anticipate any financial impact. Although reimbursement of rate case expenses are not guaranteed, we believe that all the consultants and special counsel expenses in the proceeding should be approved by the Railroad Commission. Dismissal and, in the alternative, denial of this rate case would also tend to ensure that the gas utility customers of Atmos in the Denton service receive reasonable rates. Our participation in this case and the" companion general rate case before the Railroad Commission could result in a reduction of the requested rate increases~ Respectfully submitted: Herbert L. Prouty Consulting Attorney S:\Our DocumenWlvfiscellaneous\06\A.IS Atmo.s GRIP 062006.doc energy. RECEIVED . NAR 3" -1 2006 CJTY OF DENTON LEGAL DEPl: March 31,2006 TO THE GOVERNING BODY OF ALL MUNICIPALITIES SERVED BY ATIvIOS ENERGY CORP~, MID- TEX DIVISION Enc~osed for filing in accordance with the provisions of Section l04~301 of the Texas Utilities Code (~'Section 104~3.01 '~) please fmd tariffs for. gas - services provided to customers within your city (the "City~') by Atmos Energy Corporation's Mid-Tex " -n,... . (401.... "'Mi.JT D ~ · ~ ~, th :"C ,,., Ih tariffs will b ffi · ._...~ ,_.__ _. _."-'--~---J:;/"}'Vl-SIGn,~we-.. - - ,~.~ . ex.. l-VlSIOn--.. OT-. e.--- .ompany.:-i-_. ese " e e ective P1:l~_ _.~ __. May 30} 2006, and are attached Vlithin the enclosed package in the section designated "Tariffs." Under Section 104~301:: as amended, the City is provided the opportunity t~ review the filing and _act before May 30, 2006~ The City may also act before May 30, 2006, to suspend the effective date of these Tariffs far forty-five (45) days after that date~ These t~s establish an' interim rate adjusbnent in the Mid-Tex Division:s monthly customer charge or meter charge effective in the City to ~ecover the cost of new " investment in new facilities used to provide gas utility s~rvices~ These tariffs apply only to the distribution portion of the :M1d- Tex Division and will only b~ in effect until the effective date of implementation of rates res~ting from the Compap.y~s next rate case~ All - . amoUnts collected tinder " the adjustments of these tariffs are subject to refund based upon_ the findings in the next rate case. . . In this interim rate tariff filiri~ the IvIid-Tex Division is implementing an mterim rate adjustment based on the difference be~een the v~ue of the invested capital for the Mid- Tex Division as of December 31,.2Q05 dedicated to public use and the value of the invested capital for the Mid-Tex Division as of December 31, 2004, as approved by the Commission in GUD Nos.. 9615~ 9623,9628 and 9633.. Atm.os Energy Corporation 5420 LBI Fre~y) Suite 1800, Dallas; Texas 75240 1 Also enclosed for filing are additional informational materials: (a) The Company's calculations of the Interim Cost Recovery and Rate Adjustment Amount ("IRA - Company" Section)~ (b) The Company's calculations demonstrating the earnings of the Mid- Tex Division during 2Q05 eiE11R - Company': Section). ( c) The Proj ect Report describing the investment proj ects used by the Company in providing utility service which were both completed and placed in service during 2005 as well as the investments retired or ab~doned during 2005 ("Project Repo~" Section).. The Project Report also states the cost, need, and customers benefited by the change m investmeni:-.'..'._-' .-. - .-... - .- .- n -.---.--.- Cd) The Relocation Project Report providing certain supplemental information about relocation projects included in the Project Report ("Relocation Project Report" Section).. (e) The ~da~ts of Charles R Yarbrough attesting to (i) the method and date on which notice will be given to all customers, and (ii) relocations. Daniel M. Meziere also provides an affidavit .which verifies that the Mid-Tex Division's books. and. records are -kepf in. accordance. with the rules of the Railroad Commission of Texas_ Barbara W.. Myers also provi~es an affidavit which verifies that schedules enclosed are summaries of the Mid-Tex Division's books ~d records related to the invested capital used by the Company in providing utility service ("AffidavitS" Section). The filing herein also includes reports required by the Railroad Commission of Texas! which are enclosed for your review ("TRe Reports)' Section).. 2 Notice of this proceeding will be provided to affected customers within the City by bill insert or individual mailing within 45 days after the date. you receive this filing in acc~rdance with Section 10410301. Finally, the_ Company respectfully requests that the City not suspend consideration of this filing. Instead, "\ve urge the City to allow the interim rate adjustment ~o go into effect by operation of law. If the City desires to take some definitive action on the filing, we urge the City to approve or deny the fuing by May 30t 2006 in order to allow coordinated handling at the Railroad Commission of any appeals~ Respectfully Submitted, ~JaJ~ ___..._ _u_ .._....., _ '.. . .,. ~_ ... .__ ___ __ . ~_ _... --R.i.char-d-'J:."....Reis ~-_..- ~r_'-_ ~.- ----- -~.- ----..- -- - -.- '-'---'- Director of Rates, Atmos Energy Corp., Mid- Tex Division . cc (with enclosures): Mr.. Stephen L.. Pitner, Railroad Commission of Texas Mr.. Lindil Fowler, Railroad Commission of Texas Mr.. Ed Abrahamson, Railroad Commission of Texas . ..,. oJ ......... ....:........._...... i- 0::: o c.. w 0:: zl- 0% _w~ ~:E >1- -C/) C:JIO x..., 0 weO ----t-:-- <-- ~ ..- ----.~ cw~ -1-('1) :E<(D:: ~ a.: w 0.' en 0:: c. O.Z a: . w u<(u >-~w C)u..C o::Wu. w>o zO w.U en w<C mil:: Ot- ~U) 1-0 . ca E U) (ij ... o I- m ...,. o Z ~ m co (0 co 0 ~ ~ E ci oi ~ E ~ ~ 0 ::r Ci) CI) 1: IJ) E Q) ,9 ... CD CI' :s,.:: 00 =0- "tJ- - Q)..! U) Q) &.:: e 0.. ..... C ~ OJ o S D.. tb UJ :J " :i Zl- Q) a: E= OZ ..... 0- _W S",,'; 0 en ~ 10"- 0 =' - _ _ r . ~ . .~, _~ _ ,_. _,- _ ---.-->-.----E---~.JS!, .c 2i ~ If) ~i: S < 5 . _ 0 tJ) ... c X --0 1: Q) ~ WON - ...... 0 i- C:(.. It) .5 ... I UJ"- 0 9....Cf"I ~ ~c:(" .. 0:: W O:CtD 0=2== O.:tLU CJ>g 6C:::C ~WI.L W>o ZO(l) W~c( en 0:: o}- :Em 1-0 <:t(.,) ~ i2 l1J J- ~ 10.. .e Q) ~ c; ..c U '- .s G) :!: 1: GJ e B UJ ::I o .s G) tJj.' c ClJ ..c o EA- EA- ~ l{) ci to ~ ~ EA- Ef) co ~ en L() ~ -o:::t cti r- ~ ~ N N &7 EIt ~ rn l- ll) CtIi ""'C Om c to o- r( {) 1ij en Q) Q) <D 0:: "'5 "'5 "5 "'C -0 ""C Q) Q) (l) .c s:. ..s:: 0 0 0- (J) Cf) rn Q) CD -; m 10 0::. 0:: a::: Q) . c 0 :;z ~ t- v eri I"- tri ..... Q) E o .... ~(D CD =' :0 0 BI- ="0 c...c: &0.-.. CG .- .- to- ~ tf .err ~.! E <<s ~cc ::J '- =o~ .<(.~ .!! "i:: CG co 0::1- .s ~ - (JJ $&. Eo ~Q. o CD N= -0 l.- c:: a> mo.. gc 0(1) N5 Q) II) .J::.::J "':0 ~<{ :0$ ::l CO ocr: .5 E O"t:: 00) ~E OtO ::10 <9~ ~.!!! e~ cc EE :=s =s ..00 .sUO Z~N ~ . N (t) oq- l.!) (0 ....-. 0) C> q: ~B CD I>> ~- ~ _.0 Q)~ Q) t:t:....: Hf~ $ i3 -ClQ ~"'l:t'" &EU_ ....:rti g U) c: -::; I .9 't""""1O mCDGJ "r"" J:>...,: "o.s 8 69- 69- lic C'lM- rc- "Q"ftJS 10 - 5 0) Q ~~~ ..::.=,,;= OQJ~ ,..........v ~-;;NQ ~~~ :J ~- - ~ '"': a;:c'O Q.~tn T7 <( ~1O oe o~_ ~~~ GJ'- n..- o d) .~ :a ,,! at ~'r" >"'C ec(~ a.O e _ :!:; e ]Q~ ~5~ ~ 1rio~ O)r1)O. "r'""'f'-o.O Ji~~ N~m tO~ 69- tF.t- :0:0::0 .0 .. ..... .. ooo"ito 000 0 ~rD~ m" c~~ C ....J.. ~ 5 ...J .co J:C · 6 . ~ m -5"5.t: c/.)(/)O --(/J Cl)CO..... CD Q) CoD . ~~ ~ --- C) t:D_ -. . ~ Q 88"': - -8 (6) -c- .. .. . P') 5.5c - -....J ~~ci 1iii.c ~~~ ~o o~ ~N f'~ ~N 'T""" .r:. o ~ !i ~ Q) J: 'fi; J ~ Q) 1G 0::: .E ~ .E 2; o 'N "'C l: [If {3 N U) >.. l: m Q. E o o G) :5 $ "0 Q) "0 <:<c<e 2 . u. -_.._~~.I4..~ -, ,~~ "."...g^.. - -- c,)uu - e~e ii E ti Q) .5 c m CL ~ ~g "&1; Zti m!. u: "t:J Q. u... ~-8 ~ ~-o :e o.! 0.:: - (13' ~ i~ '" .a ~ ~ --g g ~ 8"2ujt1 ",,==:2 Ol-Sa: OC:G)J:: ::)~~~ G'tij2 a~t::5 0..5 1D '0 1!0.2.~ :e: lU""C fl'I :::J: U cv > o~_o EQ).2g CU:co<('- "'Doocu! ~ e "5 IV ~!~ gJ g-~-5.5 Q)Q)~"1j -5 5,0) .! e 1 ~-i gJ ru a..:Io.. tl)UJi:~ 'EQ):8.~ g-g>ij UiEgl~ .E!<C-(I) 0: ~or:NC-;~ OQ)T"""'T"" 10 (D T'" (f) tO~t-CS) Fiig~ It)lOCQ~ aSN N ~ fA- ~ ER- :o:ii'~ 888 rr;r--:cri T'"' r- T""" .see ....J...J m- ai cO ~~~ Q () " ~e.~ (Ii co (0 CD ..u 4)- ~i~ Ci'C)Oi 150'0 QUO -N - ~~~ · r:: . 5...J5 <f< . ~-f2. ............... - - ........- ----.......--............... ..........--.-__..-....-...-..-~.-.., -. .....-, -.-. .........---. ....~.- ............. ...-. .-. 9)0 N ~~N ~i1SfB N C'f G) OU)'ICt' 00>0 ti~g ~C)T""" e.9- lIT ~ C :J o E <( 1: QJ: E 1 E "'C !. <C 0 C ~ ~ g 0: -0 ~ e $ ..: tlJ (0 C s_: rA~~x~ c.m~m(ij ED &.1- ~:J ~ ~il~~ j ~~l~~ - ~~:5=a::: ~EQlG)l:eE .2.3 a.g.~.a'i ~~~a:~tf:E i! o '0 If t: .2 1U u .Q < CD = n ~ 1:: ::J o E <( C I- 4) "'D E c: 1ii Rl .ao:o-; ~.S!.9l.s! a> ::J ::t ::I tv i i1 -g, n::-5-5"fi EcI)Q)U) "is.!.!!:! :E~~~~ ~1Dt--.. ll)""II:t' ci~a;i J"'o.. EI7 e fF)- Z:Q:C" 888 N ri 'V. NNN c.cc ...J -J ~ almai' .c.~.r; U 0 0 eef!2. >- ~ >.. .c ..0: .c. "'C "'t:I '"'CI OJ (p en '0 "'0 "'0 >>> :c=s~ --- t:I) c) D 8 8.8 tef rri ~- ,.... T"" "C""" d:c:c ...J -J ...J Q) E' ra ...E: o 01 m :a 'i::: Q) g l- e; ""8 :3 ns ~D:O-; - Q).4.J m &"53"5 c"'C-c-o .!1!~~ o~i5~ B,,!jg2 o <<J (Qi m i-o:::a::.a::: OJ - ~I ~N~~~w~~m~~~~~~~~~~~~~.~~~~~~~ L9- <00>...... 8~~ ~~Je ON-I- ~i~ t'--:.. to o. ~ '- ~ D.. 69- 1- ~ ~~~ t J9 'VN" ci' co 0:: g tON~ Z...... E- ":"":m 02 Cii~....CO - --l.t----~-i ---- -- ~ Q:JIO X~O wa~ It c( .. 9l!!;; :2<(" :' n::. W D..QCD O::Z:E O<(w 0>0 >"w OwO t!>11. wOO ZOr/) WWc( 00: 0"1- a;w ~g :E '2 w I- ~ c ~ ~1: o Q) -1iE iu; E e > '0 a. Co ~~~ 5-oJ! -mQ. i:i~ ~~5 ~~= ~UG) ~<Z - 1:<<1 u- Cb G) C to .!! -5 Q.l "5 Cf) t: o Q. W " zl- .OZ _W i2~ 2:CfJ _.~..~c--=>>- -10 -- . ~ . ><.-,,0- wQ~ I-;' ct · cw~ _1-("') ~c:ca:: -C::W c.:ctC O:Z2 Occ.W 0>0 >"W ClWC o::>Uo. WOO Zorn wW<c co~ 01- :Em 1-0 <0 :E 52 w 1- ~ '- l- '- m nJ m CD Q) tD ~ ~ >-. ... .... ...... c: c: c me ~e ~~~ ~O ~O 6~G ~~ ~~ ass 0~ ea ~~~ ~~ ~~ .;.;~ 0.. ....:::. a... - ::J ::J ::J ~~ ~S 8 ~~~ ~- ~- m~m - - .c: ........ c c ~ ~~ CE E ~~~ ~~~ c ~.2 ~ 01t'a:~ =U:~~ E ~8 08 0 000 ~ooo ::J 0 0 meum l-masm -0 ... M _ rr) d u.. u.. u.. "'0 u.. u- LL o ro~ ~~ ~ 000 ioo~ ~ ~ ~ ! ~ :5 ~~ ~ .~~ -; ~ ~ ~ ~ ~~~~ M~~~ ~ aB 00 B ~~~5 ~~~~ r6 i.u w to ;;;;;~ ~ ..: ~~.I; ~ '-- ~ ~ ~ ~~~ ~~~ ~ ~~~~ m~~~ ~ ~~~ ~~- ~ 0002 EOOO ~ mQ~ ~~~ & mmm~ ~~~ro "'fi 15 ij .0 "fi "fi .0 ii .s .s .5 to f!! J; .6 of: w.. CfJ_ w. -g CIJ_ 00_ -g co. . lJ.... tJ.... ll.. ~ ~ 11... ~ ~ ._~_.~.~. - _....8-8~~____-R.8 i- - .8_- -----:- ~fa R:5-_~_fiJ5 -~_.- . - -. ~ ~~~ ~~~ ~ ~~~o o~~~ o aov oom a OODE ;000 ~ ~~~ ~~~ ~ ~~~~ ~E~~~ <!>> c) G :J G c!) :3 C) (!) (!) (!) co ::J C) e> (!) :R ~ 0 ~ c ~ ~~~ ~8~ ~ ~~~08 ~~wg f8 ~ "'_ 12 N... N ~ ~ L() co r-... , N_ C;;. -r-: '"'! Nro A ~ttl. ~ ~~~8 L,.mr--N (0 '2;_ ~ (I) ~_ ~. ~ co .1'0. N 0 0 ~ ~ ~. ~ !~ ~D ~~ ~ cicici~ >~_ ~ -. Lt') t8.. or- 0) l() 8 T- ~ ~ GJ o C Gt- I- 0 41- ~ '>> " tA- ~ ER- 69- N is: C- o =: 1:ro u- '" l>> Q c o ~ (II "5 o co o ~. '- c:..... -tlm.m~ l1J c: a... m- iL 4l mu. $e-em cWC!)t: !s.!. 8. d11i1!ill 3 -g g- 5 1ia.o~ -- l3)'" .0 e~~Q) a.. J! q) 5- ~~~~ 1! Q) "'0 Q) u.. ~ :t: o +:J ro "5 o li o ~ as LL x ~ t1) E 8 .s E ! _. 0 5cu :p-> ~~ ()- ca= Ox ~ CD '"" Sl- .s g~.,~ u.."tVcu. ~ml!~ ~o:::a..}- ~ta;~ CD cnZ 0) c.. a. - c.. ee-S2 .Q.. a. l- 0- Q) 10- c: 0 :.JZ J- "0 C ('IS" ~~ 0: 0 -; 0. JE: Je .!; ra; ::Ji j ::J U. "0 -a -0 c fD CIJ tD ~2 ii -fi {5 - to rJ) CJ) 8.aSSJ! < ~~~~ N~~~~~oom~~~~~~~~~~ ~ t1J LL E .a ell 0: o "'tJ C m -~ S l"lJ ~ N ,.... tlJ. E ., e to E .9 en- "j f.) ..... o '- J- ~ -g E m 2.[! 0 -; -oG)Q)lD i"S"33 ."'C'1J"'O a1!!! ~~~~ 8s.es ?3~~i2 O'l"""N(1)'q'" NNNNN (.) .!! -5 Q) i U) I- Ct: o Q.. W 0:: zl- OZ _UJ m:a= 51- -en - -...-.-----.. - .-. - - ._._---~~1Q...-_..~- .-.. -' . X-..g -WON .~ ct .. I W ~ e}-~ :5c:(" .. c:: W o.:Cm 0:: :E -OZW .0 c( (.) >>UJ ,ft 0: C VWu. -~>O ~OrJ) W~<C UJD: 0)- :iCIJ ~8 :iE t2 w ~ ~ OJ U C Q)- }"", 0 0- "'-" CD Ct:: tb -. 0- ...... ..Q U- CU u.. Q) ~ C 0 :JZ ~~ c: c:: E E :J ::]i CO 00 r.6-q: Q) (I) C !:: ::i::J ~ !l:: E ::s "'0 U f.D- ~ s e CD c ..s E c: ...J ~ E c:jcj cf~ -0 .g _0) C) ~ ~ .9l c: C!"J- U .g ~ ~:J T"""" CO C~,- CO (1); Q) N lD ~ OJ 4) (]) (1) -g"fi ~ -n ~ .= 1: .E .f; (/J W :J U) -g ...J_ -; ...J_ -; OOU)O-:s!Q) Ol<( Q) o 0 ~ 0 .~ CD E t1) E V ~ o..q- "'0 :5 :p "5 ~ _._-~-._.-o~-~- ~. ~-_~YL~_.~_. -. - ---- _.-~_.~._~------_._--- ----.~-- - --- ::l:J~::l~"fi~"fi ~ . (!)C>~C!)~CJ)::JU}::J ,....~cocoi'~#-tov ONN~LOLDCOVO ~COo)OCO"C'"""C'f)COO 'N 1.0 ~ ~ ~ CD f"-..: ~ cti ~g~~u")~N~i! co- m oi ~ rri --r- ro MCO CO r-.... ~ EA- ER- eF.t EIt c o ;; -.::ro U- 0- -CD C ~ c: o CO o 0:: o ~ Ci .2:' o 0 g:s ~ ::l u..::l o C> cO) ::l Q) a>Z ~ (!) c.. E l 1- l.- - 1... -+-' - Q) :E ..8 ~ ~ Q)E ~ a. Q) 0.__ c.. ..,.~ U - "'C m"'O CG 0 .5' 0 :0 [0 0) u... <{ {) g tT...... Q) =::=. C X x - LU (/) "0 a.:s (0 m '"'C - C -0 C) actS ::J l- I- ..! e oQ)~ OQ)Q)~Q) Ec:p-oXEE>"O EJ!!::1tJ)(DOOC~ O!O(;]$gg~c o a.. x aJo ca - - .- - m>I..-__Q)Q) OOE..sEf!~C)C) t;i1i).a~.a~~;ffi 88~~~af~0U ~NroV1.OfOr-Q)0> c.c J! -5 QJ J::: u ~ C1 ~ ~ ~ ~ l- e:: o Q. W cr: +2 I- 02 -w . sa ~ . :>..... - ...-..-. ~.-- -_.'~- ~--~CI) C::lU) . ')( ~ Q WQ~ J- <t - CUJ;) ~~o:: . fIW1- W · ... m ~C~ OZW .() <t 0 >>W C)tr::C ." W Ll.. W60 2U(l) WUJ<C tJ)O:: 01- ~CI) 1-0 <u :i C2 I:! ~ ... C Q) -e s .... s. 00........... I-~ i:s < ~ C G) S:c- en ........... = --.. 1:1 ct ~ Nt") tON C"') ~ -.:ici "T"'" (j) .....co cOo COT"'" --.; (I) W. o .(0 C\!. V N CO .....- ....... -&9- ..-.... COCO ~t-- CO m r:~ m CO "'I:""""' Ol cD CO .......... *" ER- ~ o I"- m t') @) x . Q) --.---.-. .----- --~- ------ ..~- -....- .-- -F- - I "'0 ~ C Q +:i l!i ~ Q) E e ~ 0 - ~ \t- I'- o ai 1) ~ ~ @ ... x ~ ~ Em-o 8a~ m m 0 lit.>..... Q)(/)u So-_B Q) Q) t_ t:: ..e. 2: _g> a...Q)tn ~f.fJ~ ~~U) OQ)c a.. c~Q ld 0 .~ ~ ii"E:aJi EQ):>+J ~ ~p~- trm'Oc. +<(en ClO caJO ~ - .0 CDeeN E - as UJ .... tIl ;: Q) ClJOg:O ~go~ C<(0(1) :: Q) 8. CI) c: en -- "'C co -- C-m ;s:~~;s ~(J)O.J:: :=JJ::a...w '; . ::> m :0 2f c Q) E f!:! :;::::;; ~ \I000o o ..- Q) c: B "'0 m t:: 01. -(j) U) CD CI) C o ;: =0 "'C ca ~ +-I >. ~ (5 C- o.. L.,. U) 2 8 c: N o rn ~ Q) co 0 .. -0 .~ .f9~ <D Co.. VJ Q) OJ S-O "0 f/) ~ '::J "0 - ttli ......., .s - \J,.,. - <-;j c.o C::E I- o ~2 =-gCGc: ~ag~g Q)~ om '- tI) (/).- o.oQ)g ~ S .~ 5- "0 <( 0.. Q) Q) Q) ~O m~Oca "3Q)0-~ E~"OE g 0: ffi <( ~m :0 oj Co. a::: o ~ m_ N ~ N I""- co tB- GJ. .. ~~ ~NMv~ID~~m~~~~~ ..-... 85 ~ rn Q) C Q)""O >.. c:: aj .: ~ := ,,2 0 -......,.,;,- cs ...... .- ,....... 0..::S C: - 0.-...0 (t) .9 ~ ..:!.S tf) ~ro~tI)>, t::: ;:1..-...... o s e aoo :: frro e"5 o o.~...... C) E ~ ~ ~ o ~ <!>._ 6D u 0 tfJ ""0 ~ CD f:c'" >.. .> G)...c 0 c 0 Q~OtI$;"'" ~ ~p'o.. . 00.- r-' ~ ~ · oj ..c::: t::: .. - Q) exgo""O 0 ~~oU.~ a <~.J:~:; -c ~ 0 .-::: ~ tr) 0 o~::>oo u- S .~ t: -;. ~ g .- tI} QJ - C C tIJ ~- E 0.. -- ~ ~;; -s tii ~ '""0 . 011': ;:::E::s_2 'U ~ 0 ~~_:.- ~ ><: C) ~ ~~ 6 oiJ to o r- B c.........""O- GJ ~ o.= OJ co . I:"""" as .;..I e ...c ;.. -0 E e ~ c ..... tI) .- - ,.... GJ C ~ ~..- E .c r-- ._;>. .-.-- ~-.~-~._-,--~----~.._.. -_&..-.- ._,- ..--,.- ,- - _.--~~~a,- - - ---0.--8-, . a.> v.. tn 0 ..c Q) ~ ~ (1) ~ c... ..... ..c.= G:S;> -- 8 ... ~ - OJ..5 - 0 \O.c G:S ...... ~ u g -~ .~ 9' Cd ~ 0 N ~ ~ -.~ =' ,. .....- v ~ Oc c +:: -: c ~.2 ~ E . c ~ ~..- B _ oj Ci.;; .c r::: ai c eo c.> G.) bJ) o ti ....... c "- ..c f""'J ~ ::s J:-.. 0 > ..... a. ~ ~<S ~:+:: aJ c..c ~ ~ rn.a en ..- U l;\S ~ 0 -0;... tfJ $-. c:: .2 0 ~ m ca 5'n ~g, o td-..... ;.... 4) ;...: cd: r ;... ~ p......c en d H .- e (,) .......a..a. - o ._ :: ~ 0 ~ C? at C1~~~~~ ~~ ~ca- ;>.c sa o.~ 0 E - m o~- ,........ C -'I Q.) Q)> E:: ..- tn c as"'O...... . - tI),.... o =t/jo~:35 - :.... ;a ~ 0. U tJ r...> .0 ~ ~ ~ 2 ~ ~ ~. E:: E 6 t=i E .- g o o~- 0 0 d) Q) ~-= u "5 o.E ~ ~ ~ ~........o "'C ~ ~ 0 r'~ :: C"'1 .C .s - C) ~ "-' Cc...c ~ td ~ .5 Q) ~ i g :.0 :; ~~ 0 ~ ~ - ,.... ea 00 0.0 > -t-I QJ =a~=2~ 006 ..c .-0 ;.., bO cd C. ~.5 -~ OJ 0 ta tJ) 0 & ~ en -8 0 :; ~ c 0-;::: G:I: M...,a . - QJ loot . .... X ~ f""'I 0:$ >;.. p,.. __ Q) ~Cj c: 0 aJ ;::...0 E--~a~ ~~ c~ 0:' ~...- aooo tn ro:-v ...., ~ ~ ;>-. ~ t) Cl.. a c;3U.c~O e..- ro ~..c ""0 ~ u 0 c .~~'i5v~~ ~.~ Ei UO c:: i:: t:i ~ ..c f1) ~:: 0 g ~~ r--OO Q = VJ CiS - If') == e ... tr) t': ..... 0 - y u ~ -EA- = =: )IIIIIIIl ~ . ) $-01 ;..... -0 do) ..c Q) ..c E ,.... ~ ...... I: ~ u b.D 0'\ C co c:: ..... 0 0 U) I- 0 tiS 0 ...... t) 0 :;I ~ 0 e 0'- E "'~ -= ........ ::s - ;:s -0 0 ;... 0 ;..... < U .eA- . 0- -EA- ;.... d)- o ~ OJ ~ 0.. Cot -.-,-___ ..........- I r_ .. -..-,---.-. .,..... ,*"------.......-- .- --~-_. e ... ~ ;.... = ..c::: QJ - ,.... -0 a_ S 5 ~ 1.. 4) ...... ~ ~ a ~ c ~ l7J 0 V) 0 = ..... V") 1;j 0 ~ ~ 0 c ..... e 00 E c. ,..... r.ti 0 ::s -- ::1 = tn = ~ C,.) ;.... EF;- 0 :;...., - . ....., 0- 8- = -0 ~ ;. '- '= -< 0 c.. (l) M C. 0.. C) :.... ;.... -0 CJ) (l) ..c 0 ....c ;. E .... e ....... B = 00 0 c r'") 0 1:= ~ .c l.I"\ t) 0 V ..... 0 = u ~ e. r....: tn e . .... ::s - =' ~ ~ ~ 0 ;..... .g.e;. CJ ~ -< tI.:I - Q) ;..... & = 0 ~ Q.) = Q) -a ~ E -- 4.) -c ~ ~ .c 1d ~ ...... C/.) e CI) VJ U ~ (1) cG 0 rJ) c==: u co ""0 o CJ ~ I'~ ..-::: .- ::; tJ'j t=:S .x ~ ..c ;.,.l .~ };:;il u .~ E- o Z ~. r-l ~ o E-- 00 l=l U ~t; ....., $: 4-t C o 0 ~c ~o.o 8.5 < ~ -0 o = 8 ~2 'it) o OJ \00-. v ~ I ._ o o ~ c.rtS .....00 -a:c~ >..=g \r) c: .a t"- td > ~ ~ro~ :: (!,) >: 8.o~ 0;=00 .: .~ ~ t)~c; ce=O ~ Q r- 0._ g ....D-.~ ~ ...- to ~ G.> E O.~ etJt,);3 t: -00 ~~~ tI) c Et .::: 0 0) ~?3e "EiE~ ..8~@ L"d~..J =~o O:>N ~= ;> v t\j ~.tf') Eu~ :- _ t::: rtS ~tfJ"'"O c: ..0 B It_ 0) ~ ~] p o E ~ 8 15.~ 8 ~ 0 0 ;> = CI) o tS ,..~ ~ G) 5 ..c(:l. t.-.. ~ r-c o d tn~O C U .g] ~ tfJCI)""" 4>0......, ;1 c.. = c- rn ..c<L>~ +-i.,.o ;:S .- 0 ~atoC tfJ ~ &l c:: aJ o e..o c rJ) ~........ i)"= ~ C-t~Z; 0.0""0 en C Q) d) ~> ~ .~ l:O; ;... > .c 8. il ;...t.f.l 00 tot: g ~ :a .- 0 13Cd) ,...j ca ,.-.a ~r.;....+:: ~o...... ;... tfJ: c.> BoS ca lit: C r' -~O\O ~~OO\ 0.0 c: N e :;""0 r o - "'""'" Q.) J:J ';::3 ~ ..c 0 1""- +-"o...c:oo .....,~tI)l"' o~ Olltn S 0) C ro c ""0 ~- >: o "tii ~ ~ . u-: I;'"'""" o o.~ c ...... Q) ~ ..,,;:; ..c > """ tI) l>~:'=:: OJ ::s ~Q6< ~ r-: O~t::"-O .c 00\ ~ ~.~ ~ ' D-~~ ___ _n__..-- u...__ __.....n a ij)-~ 0 >.~ ~ co == ;;; -.., d to ....." bD · a= ,,5 Q.. .- t\S > .... .2 ..~ ~ ~ C Q - X :j ~2 ~ CD e~..~E-- ~~t;... ~ - ~ 0 1U~~~ w........ ...,I 0 o ....- cdo.-- c... 0 ~ ;... & ~.- o tfJ 0 E g e ~ s ~- ;... -s 0 =.v co U ~,...o~ t.;.-!':;::~ro- 0.w4.)0 tI)~:"'= d) ~ ~ "e; .ta - Q 0:: ~ 8.s ~ IoJ f""4 f""'I ="'0 0 S g ""3 0.,= ..0000 ...c ~ Q) QJtI) en -:S eo -;; ~ v .;: ~~ ~ ~ !E ..u; ..- 0 W tfJ tI) ,- 0,) C::.._ :> > .-..c ? 0 v....... >$...c-O~ ...... 0) c ~ ->~i: oO~ta. ;: ~.:~~ ?" ~2 -a ~ tfJ "0 ,,9- g g :.a .~ -;; 'u) tI) ~..- 5"t: 5~::: O-c .::!, S 0 CUSTOMER NOTICE Pursuant to Texas Utilities Code Section 104.301, the Mid-rex Division of Atmos Energy Corporation (the "Company") filed an application for an interim rate adjustment with the Railroad Commission of Texas on March 31, 2006 and with each incorporated municipality served by its natural gas distribution system on March 30 or March 31, 2006" The proposed interim rate adjustment will apply to the Company's entire distribution system and pr9vides a regulated cost recovery for the additional capital investment iricurred in 2005 used in providing utility service.. These costs were not previously included in any rates for service" The Company proposes to increase its meter charges in the amounts listed.in the table. In accordance with Texas Utilities Code Se~tion 104*101, the increase does not constitute a major change in the Company's"rates. Proposed Rate Adjusted . 2005 Interim Adjusted Increase Schedules Base Chare;e Ad.lustment Char2e " Each Bill Rate I - ~InGustrial- ___.-,_.__________......-.-------.----+0- -~--"-_.,-,-_._-~-- --~ $301.96'--- -- $78.47 ----- - Sales; $223..49 $78.47 Rate T - per meter per meter per meter per meter Transportation per month per month per month per month Persons with questions or who want more information about this filing may contact the Company at 1-800-460-3030. A copy of the filing will be posted at the followi.D:g Web site: www~atmosenergvflcomlgrip and will be available for inspection during normal business hours at the Company's "office located at 5420 LBJ Freeway, Suite 1800, Dallas, Texas, 75240. Cust~mers who receive service inside the bo"undaries of an incorporated municipality and who wish to contact the regulatory authority having jurisdiction - over this filing should contact their respective municipality. Customers who receive service op.tSide the boundaries of an incorporated municipality and who - wish 'to contact the regulatory authority having jurisdiction over this filing should contact the Gas Services Division,. Market Oversight Section, Railroad Commission of Texas, P.O~ Box 12967,_ Aus~ Texas 78711-2967~ CUSTOMER NOTICE PUrsuant to Texas Utilities Code Section l04~301, the Mid-Tex Division of Atmos Energy Corporation (the "Company") filed an application for an interim rate adjustment with the Railroad Commission of Texas on March 31, .2006 and with each incorporated municipality served by its natural gas distribution system on March 30 or March 31. 2006. The proposed interim rate adjustment will apply to the Company's entire distribution system and provides a regulated cost recovery for the additional capital investment incurred in 2005 Used in providing utility service. These costs were not previously included in any rates for service. The Company proposes to increase its meter charges in the amounts listed in the table. In accordance with:Texas Utilities Code .S~cti9n 104.101, the increase does not constitute a major change in the Company's rates. Rate __ ---.Scheel 11 1 e~ 'Proposed ' Adjusted 2005 Interim Adjusted 8ase-(;ha~ e-- __AdlOu.stmenL- __~C_har e ----. Increase ~ch Bill Industrial Sales; Transportation $223.49 per meter er month $78.47 per meter er month $301.96 per meter er month $78.47 per meter er month Persons. with questions or who want more information about this filing may contact the Company at 1-800-460-3030. A copy of the filing will be posted at the following Web site: WW'W.atmosenerilV.com!mio and will.be available for inspection during normal business hours at the Company!s office located at 5420 LBJ Freeway, Suite 1800, Dallas, Texas,. 75240.. . - Customers who receive service i~ide th~ boundaries of an incorporated municipality and who wish to contact the regulatory authority having jurisdiction over. this filing should contact their respective municipality.. Customers who receive service outside the boundaries of an incorporated municipality and who wish to contact the regulatory authority having . jurisdiction over this filing should contact the Gas Services Division, Market Oversight Section, Railroad Commission of Texas) p"O~ Box 12967, Austin! Texas 78711~2967.. #. ~. ci "it ~ N & = m .c (.) "if! '$. N f"-. ci CD C,) :::. G) - ..... CD G:I - ! :c- O o c:- ~ "0. .t! o d.- O to en :\ .5 ~ tD_ ~(J o . 0"'0 60 =C~N ...:C"N 8-!..5~ ~~r.D"E . <: I 0 .5,,< - -::::..Q:.... :0'7;2 Ea.:s:5 == .:: c.. ll) =CC)C;c ....: .-J "'5 015 e o ~ () :\ -0 -to N",,(f)_ .5~.5 _...J '""~ o . ~~ <- ~- .D "0 o ..; N 2 :5 N N .5 E ~ CI) tti .r= u CI) ~ to Co E o u ~ 6" r.r; J: [ :c (5 o (5 () ~ c: ..... 16 i ; c d. 0:. Co) = e ! is to-- -.:t: co. ~ tI7 1J) ~ ...... u:t ci EI.t- -e ~ ~ ?ft. ~g~~ ~ ~ ~ <<!. ~ ;:~~~ I'_~ c3 L.. ~"G ~ \0 "=Z' CM) M ~ -i ~ fD zg ~ ~ ~;~~.tD ~ e>. 0 co ,..... ~I ..., U') ;; ~ C1'J i zg N ~ o N 'l""' 69- f:I7 !& E.I1t 1Ft ~ J: . 0~ ~ ~ N ~ ~ ---~-_._---~--- ~~-,- --~--,-------_.,---,-,-~--~,-~~-~- .~~---~~--~--_.- 0..8 ~ g Q,e t.9. ~ ~ XE 0 = & M Wo ~ 0 ~ ~ w io;' (.) C,) C o_Q= c g -0 eo ~~~ .a-.5 :5 ~a::; ~ ~ i~8S ~ m j ~ 1 0>~ ~ 0_ 1 ~~ e UlZ.c _ ~ a. e co ;w m l>> ci well N "'=" "Cl 1: h0- rn 0 'lilt >- tIS c = :I - 1- o :i ~ U) _. I:: 0 IU 0 E& :em r>>=.c f.li ~ 1: i-.?; N.2- ~ g ~ <I ~~ q -5 = ~ ~ ~ 2 0 ! ..... eB- co ~ N N C'I) ~ ~ U ::I 0 :s .am 1i - m:;: tJ ~:i == '0:: .E ~o 0 (5 ::EO' og Q) 0(") X Q) en@ ~@ tv ~ f- @t.. @a: a.. CD \to- - G) ii Q 0 ~ffi .bm c :5 1- :E~ iiSb m~ = 0 CJ Q) tOrD .2 Q) m--gi E~ @@) >.= ~~ a- E .sta ;Sg =0 . CUi Cb ~mE tArS ~'!: 6:= 6:E g- :! ~Q)mQ) .,c:d,.. miD ~Q) :E;ID II) c: c.~ I- G) 1: "5- =.riffiS C:~E.e >.. ~ Q)i &e' Q Q) OJ Q)t:;>Cf' 0= ca. 0~~ .. t>> "- .5 0 ZOfD~ ~:E6~" ~ e ~ f!~ 0- c:. c=" ~oo lDQ)< .. (D <- ~ 0 o =- - OJ ~CDEGg e:E:2 E ~ 't:) ~~~ .E t: e2eE ~ ~ oS ~m 0(1)0> .9:_<0 E-CIl :s ::J - Q) Q) - DC) Well] sii8 c: Q) ~ _ c.. "'0 > Q) i5S "i :5 CD ~f!f! B~&. tl)lo.o.Q. OJ Z Q) Q) G) QJ ias=a.63 OQ)Q) B:S2 E c:::: -0 u.. " 3~~ .~8~ ~ "'0 .E.E..5.E :I a.. Q.. ~ ..5 00. en ~ ~51: c e a ~ Q) Q) Q) tD (P G) OJ "C aaQ)C) CU[Q..,C Q) E ;:: ..E [Q 0 cc:c:.~ g~.9)( '0 us: !! .c ca os Ell CD "; E ~ Qi CJ 'E .r::..t:..J::..s::. c: u- Q) 0 "'0 Z .E <: 0000 ce.E a:: 0 .5 C? ~ co co ~ f'oo. CD N &It en o u cg u. " o C) ~ G) "'C a: ll) o o N QJ :; ,... o m a:. !a ~ as. Q) :; t/J Wi ~ :::::J 13 J: c- o .1; '5 CJ 1i o ! ci :Jz ~~~O~N~~~~~~~O~N~Mv~ ~~~NNNNNNNNNN~~~~Mroro N C')" 'V 10 CD ...... to t>> ~ ::: ~ ~ ::! ~ ~ ~ & ";ft. '?ft. 'ift. C") ..... ~ c ~ (f) rQ: .c M ~ ~ 0 C\l rft "CD t""""' \0 ..... r.:I rn f"o.;: ~ . - c ci ~ co e M" t.'P " ~ lIJ. 0 .. lift .0 o Cfto CD 10 CJ z 8 ~ ,ON Q . ~~ = ~ ~ ~ N " -.--. --------- -----. -- ~ ~- ~-~~ -.-;--.---i-----~ --~---- -- - -- - -- --------- .------ ---- ---=---------------.----------- ~---- ------- --- -- -----' ~-- "><'E ~ g &9- EA- ~ Wm i ~ ~~ m >_0 E ~:iC) S; <C :-.5 _= :2:11."0 5~~ ':)0"0 0>0 C)"C. a::l ~5 We cnO 0:& ~~ <<; l- in "0 CD iii) o Q. e D.. "0 c: II ...... l: ~ =- (,) ~ e L.. :s (.) f"-. N cO ,- e N ~ ~ ~ tits :2:E cPU) @@ 'a u:E ~o OM M@ @!... ~ffi ffi~ z..~ ~o 5:!: :Em u &e- eeG.l CDQ)~ e~-o .;--91 ~ s:::. 0 o~Q. -:Ie ~OD.. CD E e o o 10 CD oi co C.'? tA-- ~ ~CD -:: ~2 :2:0 8~ M@ @!.. ~a5 iD~ ~:5 -Sa s:E :aID &~ ! ~ ~. QJ <. ~~i ~ 1: a 1ii~Q.. ~::::I e 000- t; "C W :I "C .E ~~~~~;;:~;~~!;t~~ ~~ aim ::>0. ~ uSf; e s: t: (DOC E:E:i OQ)CO ";)ClOJ ::see QQ)Q) "ii~~ ;:r c Q) "0 1ii m 0: s: \Our Documen ts\Ordinances\06\GRIP Dismissal Ordinance.doc ORDINANCE NO. ORDINANCE OF THE CITY OF DENTON, TEXAS ORDERING THE DISMISSAL AND, IN THE ALTERNATIVE, THE DENIAL OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION'S APPLICATION FOR AN INTERIM GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENT FOR CALENDAR YEAR 2005; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORPORATION; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about March 31, 2006 the Atmos Energy Corporation's Mid-Tex Division ("Atmos Energy" or "Atmos") filed an application with the City of Denton, Texas ("City") to increase gas rates for its Gas Reliability Infrastructure Program ("GRIP") for calendar year 2005; and WHEREAS, on or about May 3, 2006, the City Council passed Resolution #2006-017 suspending the effective date of the proposed GRIP adjustment by Atmos Energy and the tariffs related thereto until July 14, 2006; and WHEREAS, a public hearing was conducted on June 20, 2006 before the enactment of this ordinance at which interested parties were given a full opportunity for public comment on Atmos' GRIP filing; and WHEREAS, the GRIP 2005 adjustment, if adopted, would result in an increase in rates of approximately $12 million; and WHEREAS, on or about May 31, 2006 Atmas filed a Statement of Intent to increase rates systemwide by $72 million, including a request to recover the $12 million for GRIP 2005; and WHEREAS, the Statement of Intent also included a request to recover the $12 million for GRIP 2005; and WHEREAS, the City has exclusive original jurisdiction to evaluate Atmos' application to increase rates for its GRIP, pursuant to Texas Utilities Code Sections l02.001(b) and 103.001 and other applicable provisions of the law; and WHEREAS, after examining the law and undertaking an investigation of the GRIP filing by ATM'g consultants, the consultants recommend that the GRIP adjustment sought by Atmos be denied; and WHEREAS, the Texas Legislature never intended to allow Atmos to be able to request an interim 2005 GRIP adjustment while a general rate case or Statement of Intent is pending before local and state regulatory authorities. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the statements set out in the preamble to this ordinance are hereby in all things approved and adopted~ Section 2. It is not appropriate for Atmos Energy to request recovery of an interim GRIP adjustment while a general rate case is pending. Section 3. The application for an interim GRIP adjustment for calendar year 2005 is in all respects dismissed for want of jurisdiction. Section 4~ Atmos Energy's request for a GRIP adjustment for calendar year 2005 is hereby denied in all respects should the Railroad Commission or a court of fmal jurisdiction refuse to uphold Section 3 of this Ordinance~ -- Section 5. The City Secretary shall notify Atmos Energy of this ordinance by sending a copy of same to Mr.. Richard Reis, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1823, Dallas, Texas 75240-2601 and ATM shall be notified by sending a copy of this ordinance to Mr. Jim Boyle, Special Counsel for the ATM cities, by fax to (512) 474-2507. Section 6. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings act, Texas Government Code, Chapter 551. Section 7. This ordinance shall become effective from and after its passage~ PASSED AND APPROVED this day of 2006. PERRY R~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: s: \OUf DOCllments\Misceilaneous\06\062006 Atmos Show Cause .DOC AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEP ARTMENT: Legal Department CM/DCM/ ACM: Edwin M. Snyder, City Attorney SUBJECT: Consider an ordinance of the City of Denton, Texas, suspending the effective date of Atmos Energy Corporation, Mid-Tex Division's requested rate changes as set forth in their statement of intent filed with the City Secretary on May 31, 2006 for ninety days to permit the City time to study the request and establish reasonable rates; to require the reimbursement of municipal rate case expenses; ratifying and reaffirming the participation in the A TM Coalition and the hiring of rate case consultants and authorizing their participation in proceedings before the City and the Railroad Commission; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. BACKGROUND: On May 31,2006, Atmos Energy Corporation, Mid-Tex Division ("Atmos Energy") filed a statewide request for a gas rate increase requesting a $60 million increase in additional annual revenue on a system-wide basis. At the same time Atmos filed their rate case with cities within their distribution system, it also filed a case requesting an increase in rates in the environs of the City at the Railroad Commission. Atmos Energy says gas rate increases would constitute an overall 3.60/0 rate increase. According to this filing, the average residential gas customers would see an increase in their current monthly bills from $75.00 to $79.02 or a $4.02 increase, the average commercial customer would see an increase in their bill from $326.64 to $344.80, a $18~ 16 increase (Atmos Energy says it's a $17.16 increase but their math appears to be off), and the average industrial customer would see $3,360.85 to $3,367.95 or $7.10 increase, and the average transportation customer would see an increase in their monthly bill from $569.54 to $576.64, a $7..10 increase.. Atmos indicates the rate increase would allow them to earn an 8..86% return they claim is reasonable. A complete copy of the summarized version of Atmos Energy's rate filing package is attached. More information concerning Atmos's rate request is included in the Legal Department's status report. Atmos Energy's primary justification for this increase, which follows requests for GRIP increases over each of the past three calendar years, is that it needs the increase to cover the rising cost of providing service and to earn a fair return on the capital invested in the business. Atmos Energy is also proposing to change the design of its rates including but not limited to two new adjustment mechanisms: Rider WMA and Rider RSA. These changes include a weather normalization and revenue stabilization adjustments, which Atmos claims will reduce fluctuation in customer bills during the winter. They claim these adjustments would keep rates close to the 10-year average to reduce bill volatility. They also propose to change their rider GCR and to adjust the upstream pipeline cost allocation factors. PREVIOUS ACTION AND SUGGESTED ACTION: At your May 2,2006 City Council meeting, you passed Resolution No. R2006-016 requiring Atmos to show cause regarding the reasonableness of its existing natural gas distribution rates. We understand from a recent Dallas Morning News article that III cities have asked the Company to justify its current rates, S ~\Our Documents\Miscellaneous\06\062006 A tmos Show Cause, DOC including the City of Dallas. By this Resolution, you also authorized the City to join and participate with the ATM cities and authorize the hiring of Jim Boyle, Dan Lawton and other rate consultants. You also required Atmos to file their rate filing package in accordance with the City of Denton's Rate Filing Package and Public Notice Ordinances. Atmos has not complied with either ordinance at this time~ The Ordinance which you have before you recognizes and ratifys the actions taken by Resolution No. R2006-016 - authorizing participating with the ATM cities, hiring rate consultants - and suspends the proposed effective date of the rate increase of July 19, 2006 for 90 days to at least October 17, 2006. It also reserves the right to further the effective date due to material deficiencies in the rushed rate filing package filed by Atmos Energy, if Atmos Energy does not give meaningful public notice of the request to increase rates or if the parties agree to a further suspension of the effective date. OPTIONS: 1 ~ The City Council can approve the Ordinance suspending the effective date of the rate Increase. 2. The City Council can pass an ordinance denying Atmos's requested rate increase so that Atmos can immediately appeal the matter to the Railroad Commission. 4. The City Council can take no action and on July 19, 2006, the proposed rates will be deemed approved by operation of the law. RECOMMENDATION: Staffrecommends that the City COWlcil choose Option 1 and pass the Ordinance suspending the effective date of the rate increase for at least 90 days and recognizing the City's participation in the case with the. A TM coalition of cities, the hiring of the rate consultants, and requiring Atmos Energy to pay all reasonable rate case expenses. This is the first request for a system-wide gas rate increase since Atmas Energy merged with TXU Gas~ It is an extremely important complex rate case which our consultants will need all the time the law allows to fully investigate. The rate filing package filed by Atmos Energy is several thousand pages in length and contains many significant changes from past rate-setting practices. It will be difficult if not impossible to complete the analysis of Atmos Energy's rate request by July 19, 2006. Our consultants will need time to determine reasonable gas rates and to make an informed recommendation to you with regard to this matter. To deny the rate increase as requested by Atmos Energy without a full investigation of the merits of the increase could be viewed as arbitrary~ This would also expedite the rates. requested being put into effect by waiving your right to suspend the rates. Although Atmos Energy has indicated that if you refuse to act on the rates, they will not implement the rates uptil they have been approved by the Railroad Commission, they have also indicated that the rates would be approved by operation of law. This leaves the question of whether or not a-qy rate increase would be made retroactive to the July 19, 2006 effective date. Denton gas customers would benefit by the suspension delaying the rate increase effective date~ FISCAL INFORMATION: Under Section. 103~022 of the Gas Utility Regulatory Act, all reasonable costs of the rate case expenses are reimbursable to the City by Atmos Energy~ Based on previous gas rate cases, suspending the rates and joining a coalition of cities to investigate and prosecute the rate case will probably result in ~ significant reduction in the amount requested by Atmos Energy. Page 2 L:\Our Documents\Miscellaneous\06\062006 Atmos Show Cause. DOC Page 3 Respectfully submitted, / Herbert L. Prall y, Consulting Attorney ATMOS energy May 31, 2006 Charles R. Yarbrough, II Vice President Rates and Regulatory Affairs TO THE HONORABLE MAYOR AND CITY COUNCIL: Re: Statement of Intent of Atmos Energy Corporation, Mid- Tex DiviSIon to Increase Utility Rates on a Systemwide Basis Dear Mayor and City Council Members: Enclosed for filing in the official City records is the Statement of Intent of Atmos Energy Corporation. Mid-Tex Division (Atmos) to increase Utility Rates on a Systemwide Basis. This filing is being made pursuant to the provisions of TEX. UTILITIES CODE ~ 104.102 and is intended to invoke the original jurisdiction of the City as provided in TEX. UTILITIES CODE ~ 103.003. The proposed effective date of these rate changes is July 5, 2006. Atmos is filing to change the residential. commercial industrial and transportation rates applicable to service on the Mid- Tex system within the municipal boundaries of your city. No Service Charges are proposed to be changed. On a Mid-Tex systemwide basis. Atmos. proposes to increase its annual revenues by approximately $60.9 million or approximately 3..6%. This is a major rate change as defined by the provisions of the TEX.. UTILITIES CODE. Atmos is also proposing two. new adjustment mechanisms: Rider WNA and Rider RSA. These mechanisms protect customers from paying more than the authorized revenue and protect the company from receiving less than its authorized revenue.. The .Statement of Intent also proposes to permit the company to recover the component of uncollectible expense that is gas cost through Rider GCR and to update the allocation of upstream transportation costs. Other proposed rate changes are described m<;>re fully in the Statement of Intent and the Rate Filing package. Atmos requests that the City take final action on the Statement of Intent before the proposed effective date of July 5, 2006, or take no action by July 5, 2006.. Atmos encourages the City to deny the requested rate increase so that this matter may be appealed to the Railroad Commission of Texas on an expedited basis. Atmos is filing a Statement of Intent to increase the rates in the environs of your city on this same date with the Railroad Gommission of Texas.. Expedited deniaJ. will allow these matters to be resolved at the Commission with a minimum of delay and. cost. If the City decides to take no action on the Statement of Intent prior to July 5. 2006.- the proposed rates will be deemed approved by operation oflaw. Atmos intends to appeal all approvals by operation of law to the Commission in order to assure the continuation of systemwide rates. Atmos Atmos Energy Corporation 5420 LBJ FreewaYJ Suite 1800, Dallas~ TX 75240 P 214-206-2809 F 214-206-2126 charles.yarbrough@atmosenerg}7.com will not implement higher rates in any City that allows rates to go into effect by operation of law until a final decision is rendered by the Commission regarding such rates~ For Cities in the coalitions of the Atmos Cities Steering Committee or the Atmos Texas Municipalities, your attorneys have agreed to accept legal service of this :filing on - your behalf The enclosed filing documents have accordingly been limited to less than the full filing package. This action has reduced the time and cost involved in preparing this filing as well as the cost of mailing the Statement of Intent and Rate Filing Package to the over 440 cities served by the Mid- Tex system. Your cooperation in this aspect of the proceeding is greatly appreciated. - If you have Einy questions concerning this filing, you may contact your assigned Manager of Public Affairs or contact other Atmos representatives in the manner described in the Statement of Intent or the public notice to be filed in this proceeding~ les R. Yarbro Vice President, R te d Regulatory Affairs Atmos Energy Corporation, Mid-Tex Division EneL "\'-' ATMOS ENERGY CORP., MID-TEX DIVISION TABLE OF C.ONTENTS TABLE OF CONTENTS NOTICE TARIFFS STATEMENT OF INTENT WITNESS LIST AND TESTMONY SUBJECT COST OF S.ERVICE SCHEDULES NOTICE OF GAS RATE INCREASE REQUEST On May 31, 2006, Atmos Energy Corporation~ Mid-Tex Division ("Atmos" or "the Company") filed a Statement of Intent with the Railroad Coinmission of Texas ("Coinmission) and each city within Atmos' service territory, to increase its gas rates and implement a new schedule of rates and riders applicable to all customers in the Mid- Tex Division. The proposed revisions to the rates and riders will impact all classes of service~ and each of Atmos' approximately 1,500,000 customers. The Company has requested a system wide increase in annual revenues of approximately $60.8 million or 3.6%. In addition, the Company has requested that it recover its rate case expenses and any rate case expenses for cities that are ordered by the Commission. The proposed change in revenues constitutes a "major~' change as that term is defined by state law. The typical monthly residential customer bill (assuming consumption of 6 Mcf), the typical commercial customer bill (assuming consumption of 30 Mcf), a pro forma industrial customer bill (assuming consumption of 300 MMBtu)~ and a pro forma transportation customer bill (assuming transport of 300 MMBtu) are expected to be affected by the proposed changes as follows: Residential Customer Commercial Customer Industrial Customer Transportation Customer Current Bill* $75.00 $326.64 $3,360.85 $569.54 Proposed Bill* $79.02 $344.80 $3,367~95 $576.64 Difference $4.02 $17.16 $7.10 $7.10 *Includes gas cost of $896452 per Mef (2005 average cost) The Company is also requesting approval of its revised depreciation rates, a weather normalization adjustment rider based on 10-year normal weather, a revenue stabilization adjustment rider~ the recovery of uncollectible gas cost as well as the cost of required odorant for natural gas through Rider GCR instead of through base rates~ and updated upstream pipeline" cost allocation factors. The Company is also requesting rate design changes to Rates R, C, I and T 9 Affected persons may view a copy of the Statement of Intent at Atmos ~ offices located at 5420 LBJ Freeway~ Suite 1800, Dallas~ Texas 75240 and at the Commission's offices located at 1700 North Congress Avenue~ Austin, Texas 78711. Persons with specific questions or who want information about this filing may contact Atmos Energy Corporation at 1-800-460-3030.. Pursuant to an order entered by the Coinmission on May 16~ 2006, it is contemplated that the proceeding initiated at the Commission by Atmos will eventually be consolidated with all appeals from all other municipal rate proceedings, including those initiated by the filing of the Statement of Intent Nonetheless, persons located within the city limits of a municipality served by Atmos may file written comments or protests regarding Atmos' Statement of Intent with the respective municipality. Persons located outside the city limits of a municipality served by Atmos may file written comments or protests regarding Atmos' Statement of Intent file with the Commission at the following address: Docket Services Section Legal Division (Re: Docket No. ) Railroad Commission of Texas P. O. Box 12967 )lustin,1]( 78711-2967 The Commission has set an intervention deadline for interested parties of TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate R - Residential Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 1 RATE R - RESIDENTIAL SALES Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Deliveryl additional charges and special contract arrangements between Company and Customer may be required prior to selVice being furnished. Month Iy Rate Customer's monthly bill will be calculated by adding the fOllowing Customer and Mef charges to the amounts due under the riders listed below: Customer $ 13.50 per month $ 3.5460 per Mef $ w3460 per Mef First 0 Met to 1~5 Met All Additional Mef Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GeR. Weather Normalization Adjustment: Plus an amount for weather normalization calculated in accordance with Rider WNA~ Revenue Stabilization Adjustment: Plus an amount for revenue stabilization calculated in accordance with Rider RSA. . Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF~ Tax Adjustment: Plus an amount for tax calcufated in accordance with Rider TAX~ Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agr~ement An Agreem'ent for Gas Service may be required~ Notice ._ ..~ Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Companys Tariff for Gas Service. ' : __.. _ _,~~. ....' TARIFF FOR GAS SERVICE ATMOS ENE.RGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate C - Commercial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 1 RATE C - COMMERCIAL SA.lES Monthly Rate Cu.stomer's monthly bill will be calculated by adding the following Customer and Mef charges to the amounts due under the riders listed below: Customer $ 30.00 per month $ 1.2860 per Mef $ 0.1000 per Mef First 0 Mef to 20 Mef All Add itional M cf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b)l respectively, of Rider GCR Weather Normalization Adjustment: Plus an amount for weather normalization calculated in accordance with Rider WNA. Revenue Stabilization Adjustment: Plus an amount for revenue stabilization calculated in accordance with Rider RSA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). . } Agreement _ _; . {An Agreement f~r ,Gas Se'jvice m?iY be required. - - . ..~. __ .~~ -.. ~ . ~r ~ _ 'r -~.~ ~~ ~~:-_:.~~:~~. -:~i!"::~.:.~. . ~~ Notice , , . __ ,-. '-.' - - -, ~ " .''-~ ' _ ;~ Service hereuQ9~r ?,1)9,thl::l.:n~!e~. fqr services provided are subject to the orders of regulatory boqies having : - _~~jurisd iction and to th e Com i:.anyig Tariff for Gas Service~ _ __.'_'~~ .:. . _. + " .. 1:'" - . , - !.-",'_~';': :;..;;'.':r _ :~.~~:": _, . i:~' ~:'; ~~o' . __ ". . .. ;.: .~f .. .,~.~ ~~)(~~~ r~"~..-_-~:~~,"~~Jj:.:- -'. --;~' ."- , p.-.". .' ;~~~ ~... TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION ,. RATE SCHEDULE: Rate T - Transportation APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 2 RATE T ~ TRANSPORTATION Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly . connected to the Atmos Energy Corp., Mid- T ex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customers agent at one Point of Delivery for use in Customerls facility ~ Type of Service Where service of the type desired by Customer is not already available at the Point of DefiveryJ additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers bill will be calculated by adding the foHowing Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Customer $ 430.00 per month $ O~ 1400 per MMBtu $ O~0350 per MMBtu $ 0.0100 per MMBtu First 0 MMBtu to 1,500 MMBtu Next 3~500 MMBtu All Additional MMBtu Upstream Transportation Cost Recovery: Plus an amqunt for upstream transportation costs in accordance with Part (b) of Rider GeR. - Rider RSA: Plus an amount for Revenue Stabilization calculated in accordance with Rider RSA.. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA~ Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF.' - Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accord.~:mce with the. applicable rider(s). ... Imbalance Fees , ."'...' · . All fees charged to Customer under this Rate Schedule will be charged ba.!?~ on t!1e quantities determined . under the applicable Transportation Agreement and quantities wiJr IiDt be aggregated for any Customer with : :'multiple Transportation Agreements forthepurp.oses of such fees, . Monthly Imbalance Fees .. . .. ... . . ., o. _ . .,u.c .. Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu. between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, .as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customers -receipt quantities for the month~ : ;t 1. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION f RATE SCHEDULE: Rate T - Transportation APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 2 Curtailment Overpull Fee Upon notification by Company of an event of curtai~ment or interruption of Customers deliveries; Customer will, for each M M Btu del ivered in excess of the stated level of curtail ment or interru ptionl pay Com pany 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the appHcabre Gas Day in the- tab Ie entitled II Daily Price Survey ~ " Replacement Index In the event the umidpoinf or "common" price for the Katy point listed in Platts Gas Daily in the table entitled U Daily Price Survey" is no longe r pu b lished f Com pany will calcu late the applicable im balance fees util izing a daily price index r~cognized as authoritative by the natural gas industl)' and most closely approximating the applicable index.. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having' jurisd'iction and to the Company's Tariff for Gas Service~ Spec'ial Conditions . In order to receive sef\lice under Rate TI customer must have the type of meter required by Company. Customer must pay Company 'all costs associated with the acquisition and installation of the meter~ . ~.. - . . . ~... I - _.... .. .,... ~..... I - ... i ... ,-' ,: ~- ; ..: .. _ ; _ _. _ . ~ ~~ ' _ _~ ~~: z ~ ~~ .._':~ * , :. ";. :' <-,:~t: :W;;',~~?~;:. ... : . . -; ;'-::'..~~~f~; ~:~t~1'.,-+-:"Ji a - - .... ... . + .. , , . , ''I' ~ I ..... .. ..- ~ . . - ~~ ' :~ .!'. -.. r ~.. - ; ~f~"'- ,l " - - + .~;:~ ~i ~-~ -::. ~.. ..... : . ... . , - (t. ~::..... I ~ ~ = ;= :t;~ ':.~r . ~. . i--- *!. ,~~'. .~31 iWJ~~ ~~~. .. {. -~., -;._' ". ...... r .. ~. ~ ~ -.. ~". ... I. - i ...... .. ~ ~. ~ ..... F"':' r.. .. _. ... ~ . . .,~~,- ~ ~~:~~,F~~~~r-:~r~~;;;;; '., ..-;~:. . ~" a",:_ :.;.:' ..... ~"---T7~:~. r .?' "~-~,~~;~ - ~.~.. -:' ';+ ' .-'-:~--~~~: ~~.:~~~\:..~" . :' . -- y:- - --- ;. '-:;-:; ':",. ':.':";:"":_~":':~' .~~ -:::+ -~:~: :=~7:.-.r~-:-:--'. c_ _ ' ~_ ._~; ~ . I... ... ~ . ~... TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID- TEX DIVISION RA TE SCHEDULE: Rate I ... Industrial Sales APPLICABLE -TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 2 RATE I ~ INDUSTRIAL SALES Application Applicable to Industrial Customers with a maximum daily usage (MDU) of Jess than 3~500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter~ Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company.s sole option and will require special contract arrangements between Company and CU5tom~r. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery. additional charges and special contract arrangements betw'een Company and Customer may be required prior to service being furnished.. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders fisted below: Customer $ 430.00 per month $ 0.1400 per MMBtu $ 0.0350 per MM~tu $ O~0100 per MMBtu First 0 MMBtu to 1,500 MMBtu Next 31500 MMBtu All Additional MMBtu Gas Cost Recovery: Plus an amount for gas casts and upstream transportation costs calculated in accordance with Part (a) and Part (b) respectively. of Rider GCR~ - Revenue Stabilization Adjustment Plus an amount for revenue stabilization calculated in accordance with Rider RSA. -. . r-;!. _ ~ .. I "t .. .- ... - r.....'-:. .~ ~:,.. ...... I. _ ~ I Franchise Fee Adjustmen"t: Plus an amount for franchise fees calculated in accordance with Rider FF~ , '.. '. i -.-""' . Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX~ - . - . --.. ~ .. .. ~ . - , Surcharges: Plus an . amount for surcharges 'calculat~d in a~rciari'ce' ~itti' the appU6ab'le rldef{ s}":' ": -... ... - - . - '- 1- ..,.: ". ." Curtailment Overpull Fee ~. r. n" __ : -~. Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer z: ~ will, f~~ each MM Btu delivered in excess of th e stated leve I of cu rtailment or interru ption, pay Com pany 200% . ~ ~ -. · ~~.-: '", -, .f!-~of the 'inidpoinf price for the Katy point listed in Platts Gas Daily pUblished _ for the applicable Gas Day in the . , , ""~ " -; ~ j )a,ol ~ ,e n titled "D;;t i1y price $ ulVey, D ' ,,', _.,:' ., , : ,~,:," . ' :~, ,~,,;.,; :~;:. :~, S[,': ,,- ::'7 ~n,. ~(" ~,' ,,',"i;~ ::: :i::- :"2',::"., ,,:--, . :-:_' ';'0',:;"- 'W .. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.., MID-TEX DIVISION RATE SCHEDULE: Rate I-Industrial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 2 Replacement Index . In the event the "mjdpoinr or l'commonJr price for the Katy point list~d in ,Platts Gas Daily in the table entitled "Daily Price Survey" is no longer publishedf Company wiU calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable ind ex. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having Jurisdiction and to the Companyls Tariff for Gas Service. Special Conditions . In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company aU costs associated with the acquisition and installation of the meter. . . _....:."r _ . ~~ _~ _ ~. r...r~. _ . ~ '.. ~.. ~. ~". : ;.,' ~./~;.:.: - (~;;.~i'.:.- ~ >~~r/:. . - . .~- ~ - r - "::."; ....: ~--:-::;. ~r: . . ......--- ..-- - -...................-......,- - ~- ~ .- - .... . .. .... ... - - .. I I - ~... -- . ~ :. ~ J. :~:~ . . ~:~:~~~ ~ -. ~ J... . .-- :.[. r. _ ...:!..~I_~:'~.....~.~ ~~~. \= ~ _ . . - I~ .. - -:....~. ~"'_. ':: .~ --:- ~ -:' ~ . .~::. - ... ~ . ~ ::-... _; _+-..... ._ .... ~... . I........... _ ~ . I. .. -:' . ~. ....~~ ~~....~ - . -... '='" ~-:;'_" .';':.~-rfj. ~~.- - :t' " :-~..... -:":..~_--., ...~_- .... - - I . . r.._ _ _ .. .... r .. . ._ ~ .. ~. ~ TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA - Weather Normalization Adjustment APPLICABLE TO: Entire System REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 RIDER WNA - Weather Normalization Adjustment Provisions for Adiustment The base rate per Mef for gas seNiee billed under the second block of Schedules Rand C shall be adjusted during the revenue months of October through May in the manner hereinafter described, which adjustment is referred to as the "Weather Normalization Adjustment U ComDutation ofWNA The Weather Normalization Adjustment shall be computed to the nearest one-hundredth cent per Met by the following formula: (HSF, (NOD - ADD) ) WNA = RI (BLi + (HSF, x ADD) ) Where i . = any particular Rate schedUle or billing classification within any such particular Rate schedule that contains more than one billing classification WNA = Weather Normalization Adjustment for the Ith rate schedule or classification expressed as a rate per Mef Ri = base rate of temperature sensitive sales for the ith schedule or Classification (HSFf = heat sensitive factor for the [th schedule or classification divided the average bill count in that class _t: NDD = billing cycle normal" heating degree. d$1Ys ADD = biHing-cycle actual heating degree days. ~ .t1+ I 1~ ,. ~~~-/~+. I or - BLl = the non-weather sensitive load, which, for purposes of this Adjustmentr is '.r~~.~. deemed equal to zero (0). :~ "The WeatherNormalization Adjustment for Jh customer in ith ~a"te ~che.dule is computE:d ~s: . ~ r" ~ 14~ . WNAla = WNAFi X q ii~ where q it is the relevant safes quantity for the jth customer in ith rate schedule. ., .... TARIFF FOR GAS SERVICE A TMOS ENERGY CORP..! MID--TEX DIVISION RIDER: Rider GCR - Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 of3 Appl~cation Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of upstream transportation costs. The total Rider GCR recovery amount due is determined by adding the gas cost calculated in Section (a) as applicable and the transportation cost calculated [n Section (b) below, as applicable. For Customers receiving service under Rate R 'and Rate C, the Gas Cost Recovery Factor and the Transportation Cost Factor wm be calcu!ated on a Mef basis. For Customers receiving service under Rate I, the Gas Cost Recovery Factor will be calculated on a MMBtu basis. For Customers receiving service under Rate T and Rate I, the Transportation Cost Factor will be calculated on an MMBtu basis. The amount due for gas cost (Part (a)) or transportation cost (Part (b)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) or Transportation Cost Factor (TCF) by the Customers monthly volume or quantity, as applicabJe~ Part tal Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF)~ as determined with the following formula: GCRF = Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS) + Adjustments (ADJ) EGCF = Estimated cost of gasr including lost and unaccounted for gas attributed to residential, commercial, and industrial sa[esl divided by the estimated total residential I commercia I, and ind ustrial sales~ ;t~ ~. ~ . RF = Calculated by dividing the difference between the Actual Gas Cost Incurred over the preceding twelve-month period ended June 30 and the Actual Gas Cost Collected over that same twelve-month period, inclusive of interest, by the estimated total residential, commerciaJ~ and industrial sales for the succeeding October through June bif ling months~ ~~L , . Actual Gas Cost Incurred = The sum of the costs booked in Atmos ElJergy COrp.f Mfd-Tex Division account numbers 800 through 813 and 858 of the NARUC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also_ jnclud~s a credit or debit for any out-6f- .' period adjustments or unusual or nonrecurring costs typically considered gas. cc;>sts and a credit for amounts received as Imbal':lnce Fees or Curta-Ument .. . OverpuU Fees. : Actual Gas Cost Collected = EGCF multiplied by the monthly.vo!umes bjlled to Residential, Com m ercial an d I nd ustria I Sal es cu starn erSt less the tata I am 0 U nt of ~ ~ r tt".. _-:.~~ I I 'j.~ ~.. , ..<~::. ~ . .:{~... "'- TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION - RIDER: Rider GCR - Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 of3 gas cost determined to have been charged to uncollectible expense (Account 904) fot each month of the reconciliation perjod~ Any amount remaining in the reconcUiation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and incl u d ed in th e derivation of th e next R F . TXS = Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by th e estimated total resid entiaf f comm erciaJl an d ind ustrial sales. ADJ = Any surcharge or refund ordered by a regulatory authorityr inclusive of interest) divided by the estimated total residential, comm ercial, and ind ustria I sales. . -+- Part Cb} Transportation Cost Method of Calculatio~ .: Each month, a Transportation Cost Factor (TeF) is calculated separately for the fixed charges and usage charges, and.determined separately for each Upstream Transportation Cost Rate Class listed beloww The formula for the Total TCF for each rate class is: Total TCF = ((P1 - A 1) x D).+ ((P2 - A2l x V) S In the case of fixed charges, the fixed TCF component shall equal: pt = Estimated monthly cost of fixed charges for transportation service calculated pursuant to Rate CGS ; D = Upstr~~m Transportation Cost service allocation factor for the rate class as approved in the Companyrs -most recent rate case, as follows: .- .... ~ ~.:, ~, ~.-..~:- . ~. - .... ~ I ~ :.~~.- ~ _.~~ Upstream. Transportation Cost Rate Class Rate' R~?; Residehtial Service .Rab3'+:O~.~._ Cornme+rciaf Service Rate" f-~ I rid tistna I 'Servicfi" and Rate T - Transportation Service Allocation Factor (D) .629721 .298512 .071767 - .;. .-": ..( - :.. ~;~~..- ., :t. -~: "~- 2r~.;f,~~~~;~ ~V~ ;~~.\~:~ f.~.~~:1( ;~~J ?~\ ~~.~ .. - -......... - -...... :_; -,~~"t~,~~i~1:~;tt{:ir~~~r;';f~;~~ .....- ..... . I I~- : 1.7::':."'; :~;;-t~tt%~~iJir;t~~~~~~~i~,~~-;~jM;~" ... TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider GCR - Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 3 of 3 A 1 = Adjustment applied in the current month to correct for the difference between the actual transportation cost for fixed charges of the second preceding month and the actual revenue collected for the transportation cost for fixed charges for such month, calculated by the formula: A (1) = (C - R), where: C = Actual transportation cost for fixed charges for the second preceding month~ R = Actual revenue collected from the application of the fixed TCF component in the second preceding month. . S = Estimated Mef or MMBtu as appropriate for the rate class for the current billing month(s)~ 'In the .case of usage charges1 the usage TCF component shall equal: P2 = Estimated monthly cost of usage charges for transportation service calculated pursuant to Rate .CGS v = Upstream Transportation Cost service allocation factor far the rate class determined on the basis of the ratio of each class' projected throughput to the total projected throughput to be delivered on Distri.bution for the current billing month(s)~ A2 = Adjustment applied in the current month to correct for the difference between the actual transportation cost for usage charges of the second preceding month and the actual revenue collected for the ~nsportation cost for usage charges of such month} calculated by the formula: . A (2) = (C - R)I where: c = Actu~1 transportation costs for the second preceding month~ - ~:~ ~ ~~ R = ~ctu~f revenue collected from.the application of the usage TCF component in- the se(;ond preceding month~ ' . ,; + I r ~ ::-, ii::, : I -..... ~ ":( The TCF is calculated to the nearest 0.0001 cent. ~ ".. ~ ~ - . : -: ... :~.~~ . ;.rr,. ~:...i. .~~.; :_: .':~-::.~Ir r. _. .::'~~.. ):~:i~j:: ~~~, - ::~i.; f- .,~. - .'..~-~.~:,:~~';.~>.: :r~ -~' -. - ~. ~ ... .:"..:. ~r - -. ~ .-. - ~. . - -~ -.... . I ,;-= C\ .. ,.. .; ~ ~~F~~;~ ~ -. -- .~.. - .J - ~~. I~'~~~:~; ~~;':. . ~- ,,:~~~. . -. TARIFF FOR GAS SERVICE A TMOS ENERGY CORP_, MID-TEX DIVISION RiDER: Rider RSA- Revenue Stabilization Adjustment APPLICABLE TO: Entire System REVISION: 0 DATE: EFFECTIVE DATE: PAGE: RIDER RSA- Revenue Stabilizatio"n Adiustment Provision for Adjustment A rate adjustment shall be calculated twice each year, on a class-by-class basisl based on the difference betv\leen the actual base revenues collected during the specified period. and the test year base" revenues for such period as established during"the latest base rate proceeding adjusted for customer growth and adjusted pursuant to Texas Utilities Code 9 1 04.301 ~ A positive rate adjustment shall be recovered from customers within the applicable class, subject to true-up. A negative rate adjustment shall be credited to c'ustomers with in th e a p pi icable class, su bj ect to true-u p. Adjustment Periods The Summer Adjustment Period shall be the revenue months. of April through October1 inclusive.. The Winter Adjustment Period shall be the revenue months of November through March, inclusive. Recovery Periods The Summer Recovery Period" for the Summer Adjustment Period shall be the revenue months of December ~rough April, inclusive. The Winter Recovery Period for the Winter Adjustment Period shall be the revenue months of May through November1 inclusive. Rate Adjustment At the conclusion of each adjustment periodl the company shall calculate the actual base rate revenue, by class, received for that period and compare the total to the test year base rate revenue, by class) established in the !atest rate proceeding for the same period, adjusted for customer growth and adjusted pursuant to Texas Utilities Code ~ 1 04~301. Customer growth shall be accounted for based on total bills rendered for each class during the adjustment period as compared to the same period in the test year. The test year base rate revenues shall then be adjusted based on test year average use per customer. The actual base revenues for each adjustment period are subtracted from adjusted test year revenues for such period, and the difference shall be recovered or credited during the appropriate recovery period. The surcharge or credit shall be calculated by dividing the difference for the,"adjustment period by the prqjected safes for the respective recovery period.". : . " ;; Actual base revenue is equal to all revenue under Rates R, C, I.and T, plus misce"aJie~us service charge \. revenue plus revenue from adjustments pursuant to Texas Utilities Code ~ 104.301. . .~ True-up _ . . '. '. .-, .:: .~. ~":''':.' .~:~"- '::.:<:;-- --:.;, .... "" :rt~:Af the. conclusion of each recovery period1 the company shall"true~up 'th~ .amount that was credited or ~i~ >"s~rqharged. Any difference shall be roUed into the next calculation. ".. '., r." ~ _ ~ " " . . . ~ I I... ~.~. _. Report The Company shall fife an annual report (within 60 days of the end of the Winter Recovery Period) providing details of its application of this Rate Stabilization Adjustment over the prior two adjustment periods. TARIFF FOR GAS SERVICE A TMOS ENERGY CORP., MID.. TEX DIVISION RATE SCHEDULE: Cities APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: " PAGE:- CITIES SERVED BY AlMaS ENERGY CORP._ MID~TEX DIVISION: Abbott Bogata Colorado City Abilene Bonham Comanche Addison Bow;e Commerce Alba Boyd Como Albany " Brazos Bend Coolidge Allen Bremond Cooper Alma Bridgeport Coppell Alvarado Bronte Copper Canyon A!vord Brownsboro Copperas Cove Angus Brownwood Corinth Anna Brucevi He-Eddy Corral City Annona Bryan Corsicana Anson Buckholts Covington Archer City Buffalo era ndalJ Argyle Buffalo Gap Crawford Arlington Burkburnett Cross Roads Athens Burleson Crowley Aubrey Burnet Cumby Aurora Byers Dallas Austin Caddo "Mills Dalworthington Gardens Avery Caldwell Dawson Azle Calvert Decatur Bai rd Cameron Deleon Balch Springs Campbell Denison Ballinger Canton Denton Bandera Carbon Deport Bangs Carrollton DeSoto Bardwell Cashion Community Detroit Barry Cedar Hill Dodd City Bartlett Cedar Park Double Oak Bartonville Celeste Du bUn " Bedford Celina D u ncanvi lIe Bellevue Centerville Early Bellmead Chandler Eastfand Bells Chico Ector Belton Childress Ed gecliff Villag e " "" .~ Benbrook Chill icoth e Edam ,- -." ~_eniamin Cisco Electra · Bertram Clarksvilfe " , Em house I r ~~ . r Cleburne Emory : ";;., Beverly H His "- /~8Iackwen . Clifton Ennis =;.~.": Blanket Clyde " - Euless -'".\:'. Blooming Grove Cockrell Hill : r" :~ Eustace '"~ ~": Blossom Coleman .... ':"'. Evant ": Blue Mound College Station Everman , . Blue Ridge Co n eyville Fa i meld Blum Coil in sville Farrview ;0- "" - ... .. .. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Cities Served APPLICABLE TO: Entire System REVISION: DATE: PAGE: EFFECTIVE DATE: Hig h fa n d Village HiJlsboro Holland Holliday Honey Grove Howe Hubbard Hurst Hutchins Hutto Impact Iowa Park I redeU Irvi ng Italy ltasca Jewett Josephine Joshua J u sti n Kaufman Keene Keller Kemp Kennedale Kerens Kerrville Killeen Knollwood Knox City Kossa Krum Kurten Lacy-La kevi ew Ladonia Lake Dallas Lake Worth Lakeport Lakeside Lam pasas Lancaster' Lavan .' ~.;:~ ::-'.., ; ~~;":~'"X, J:'."..: .:.' ..~.""~"~. .~{.-;': '-'"'~.:".' .~: Lawn . :-:".; -.,~~~' ~~:-;"~~~~<"..\.'" t ;..":;:;~ :.~ "..":+ ;~.~.~.: ". .:.: Leand er .~~c.~:.>~.. ;);~?:~~2r::..?~...:~ ~~~ "t;t:o-6:~:~;j;'~ ,: ;..; ,:~;:i~:" '~'--~~~!:ree~~{;;~~i:~i;ii:;;~ai~~;;~};~:;k~;:::. . - ~:~~::i1re Hico Lexington Highland Park Lincoln Park ,f.t Lindsay Lipan Littl e EI m Little River Academy Llano Lometa Lone Oak Longview Loraine Lorena Lott Lueders Mabank Mad isonvi lie Malakoff Malone Manor Mansfield M arbls Falls Marlin Marshall Creek Mart Maypearl McGregor' McKinney Megargel Melissa Meridian Merkel Mesquite Maxia Mid lothian Midway Miles Milford Mobile City Moody Moran Morgan Muenster Munday Murchison Murp.hy Nevada New Chapel Hill Newark Newcastle Nocona Nolanville Farmers Branch F armersvi lie Fate Ferris Flower Mound Forest Hill Forney Fort Worth Franklin Frankston Fredericksburg Frisco Frost Gainesville Garland Garrett Gatesville Georgetown Glen Rose Glenn Heights Godley Goldthwaite Goodlow Gordon Goree Gorman Granbury Grand Prairie Grandview Granger Grapevine Greenville Groesbeck '. Gunter Gustine Haltom City Hamilton }.'.Heat~ .' .. . ..: ,. . - ---.......r... ....-., ... ~_ I I~. :.~. .... ... ~.. .-~ .. ...: - .. _ -. . ..... .... -~~.. .:~! ..... ~~ . ~ :"'-' \S ~ Jii TARIFF FOR GAS SERVICE RATE SCHEDULE: APPLICABLE TO: EFFECTIVE DATE: Normangee - No rth R ichland Hills Northlake Novice ' O' Brien Oak Leaf Oakwood Og lesby Olney Ovilla Palestin e Palmer Pantego Paradise Paris Parker Pecan Gap Pecan Hill Penelope Petralia Pflugerville Pilot Point Piano Pleasant Val~ey Point Ponder Post Oak Bend Pottsboro Powell Poynor Princeton Prosper Putnam Quanah Quinlan Quitman - :_~ Ranger .. . .~'~:: Raven na . ~.; -~:? - -_~''- ,_ ;:..i . :: ~r Red Oak ..~'. ,. -.:, ~.~~. ~ ~, < ;_;: Reno (Lamar Couhtyf:!'" :-=r. Reno (Parker COUnty) ~ Retreat - -:': ,~__~;~ ...-.'-_~-:..':,: - . _' .-; ~.: . '~::_ -. '~., ~ ";~t. Rhome ... .' - ~', . ~- .-.' :". ~ '., ...<~... , :\}" Rice . . ,; S;.;;~:!~ }.;\ ;~", ;~/;., -',;!:;~~;;",;;';;;,;~, :' ~ ~ ~~~:.. . ;;,.. Richardson : /-Y ~'::;,''' .;~~:>.. < -. _ ~~; __n..:, ~;:~< f Richland :~-::~n"~ ~:'~h>r. '\~-' " :.-. - :~;.\~n~:~~~'.~'~ . ~~. Richiand Hills . Riesel Rio Vista ATMOS ENERGY CORP.., MID-TEX DIVISION Cities Served Entire System REVISION: DATE: PAGE: River Oaks Roanoke Robert Lee Robinson Roby Rochester Rockdale Rockwall Rogers Roscoe Rosebud Ross Rotan Round Rock Rowlett Roxton Royse City Rule Runaway Bay Sachse Sadler Saginaw Saint Jo San Angelo San Saba Sanctuary Sanger Sansom Park Santa Anna Savoy Scurry Seagoville Seymour Shady Shores Sherman Snyder Somerville South Mountain Southlake 'Southmayd Springtown Stamford Star Harbor Steph e nvfl [e Strawn Streetman Sulphur Springs Sun Valley Sunnyvale Sunset Sweetvvater - Talty Taylor Teague Tehuacana Temple T errelJ The Colony Thorndale Thornton Th rail Throckmorton Tioga Toco Tom Bean Trent Trenton Trinidad Trophy Club Troy Tuscola Tye Tyler . University Park Valley Mills Valley View Van Alstyne Venus Vernon Waco Walnut Springs Watauga Waxahachie Weinert West Westlake Westover Hills Westworth Village White Settlement Whitehouse' Whitesboro Whitewright Whitney Wichita Falls Wilmer Windom Winters Wixon Valley TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Cities Served APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: Wolfe City Woodway Wortham Wylie Yantis 'H'-.' ,. ~:;~ ~ t ".,. ~ . -" . - '" GAS UTILITIES DOCKET NO. STATEMENT OF INTENT TO ~ INCREASE THE GAS UTILITY RATES I OF ATMOS ENERGY CORP., MID-TEX * DIVISION, ON A SYSTEMWIDE BASIS ~ .~ ~ BEFORE THE RAILROAD COMMISSION. OF TEXAS ATMOS ENERGY CORPORATION'S STATEMENT OF INTENT TO INCREASE GAS - UTILITY RATES IN THE MID~TEX DIVISION Atmos Energy Corporation (hereinafter "Atmos" or the "Company"), a "gas utility" as defined by 9 101.003(7) of the Gas Utility Regulatory Act ("GURA." or "the Act"), hereby files this Statement of Intent to Increase Gas Utility Rates in its Mid- Tex Division pursuant to Texas Utilities Code 9 S 104.101-104.111. Atmos intends to implement the revised gas tariffs attached hereto as Exhibit CRY -6 and incorporated herein by reference, to be effective systemwide for gas service in the natural gas utility system of Atmos' Mid-Tex Division (the "System") effective July 5, 2006. The System provides gas utility service to customers inside the city limits of approximately 440 incorporated cities, as listed on Exhibit CRY-6 of the Rate Filing Package attached hereto and incorporated .herein by reference (the "Cities"), as well as to customers in the unincorporated environs of many of the Cities listed on Exhibit CRY -6. In support of its Statement of Intent, Atmos would show as follows: I. CONSOLIDATION AND SYNCHRONIZATION OF PROCEEDINGS On May. 4, 2006, the Company filed its initial appeal in GUD No. 9670, Petition for De Novo Review of the Reduction of the Gas Utility Rates of Atmos Energy Corp., Mid-Tex Division, By the Cities of Benbrook, Crandall, et .aL ("May 4 Petitio~"), together with a Joint Motion to . Consolidate and Synchronize Commission Proceedings.. On May 16, 2006, the Commission entered its Order Granting Joint Motion to Consolidate and Synchronize Commission Proceedings, Approving Bond, and Reinstating Preexisting Rates ("May 16 Order"), finding, among other things, that proceedings on gas rates for Atmos' Mid-rex Division (whether arising from the municipal-level show cause proceedings or from proceedings initiated by this and other Statements of Intent) will involve common issues of fact and law, and that consolidation of those . proceedings will avoid confusion, duplication, and unnecessaty costs or delay. In accordance with the May 16 Order and Examiners' Letter No.6, the Company requests that, once docketed, the instant Statement of Intent be consolidated with GUn No. 9670. The Cities listed in Exhibit CRY -6 comprise all of the incorporated communities that are served by the System. Atmos is simultaneously filing this Statement of Intent with the Commission and the Cities. II. JURISDICTION Atmos is filing this rate case on behalf of the Company's entire Mid- Tex Division. The new rates will affect all of Atmos' customers on the System. The Company is requesting approval of its cost of service for the entire System. The rates included in Exhibit CRY-6 represent Systemwide rates for gas service. Pursuant to GURA 9 103.001, the Cities have . exclusive original jurisdiction to set the rates to be charged to local distribution customers inside the respective city limits of the Cities. Pursuant to GURA ~ 102.001, the Commission has exclusive original jurisdiction over rates to be charged to the environs customers. This ~tatement of Intent mvokes the jurisdiction of the Commission to set rates within the environs of the Cities, as well as such jurisdiction as the Commission has or may acquire over the appeals from the various Cities, as contemplated by its May 16 Order. ITI. DESCRIPTION OF RATE .FILING PACKAGE The following items are included in the Rate Filing Package:. 2 I.. Table of Contents 2.. Statement of Intent 3. Supporting Testimony of Company Witnesses 4.. Cost of Service Schedules (System Summary and System Schedules) 5. Cost Allocation and Rate Design Schedules 6. Non-voluminous Cost of Service Schedule and Witness Testimony Workpapersl 7. Proposed Protective Order IV. SUMMARY OF PROPOSED CHANGES AND EXPECTED REVENUE CHANGE The Company proposes to change its rates in accordance with the Tariffs included in the . Rate Filing Package, including but not limited tOt Rate Schedules R, C, I, and T, as well as proposed weather normalization adjustment ("WNA") and revenue stabilization adjustment ("RSA") riders. The Company also proposes a change to Rider GCR and to adjust the upstream pipeline cost allocation factors therein. Upon approval, the proposed tariffs will replace their currently effective counterparts.. v. DETAILS OF PROPOSED CHANGES A. Test Year The Company's proposed cost of service for the System as set forth in this Statement of Intent and Rate Filing Package is based on the twelve-month period ending December 31, 2005, updated for known changes and conditions that are measurable with reasonable accuracy.. B. Compliance with. Rule 7.205 As required by Commission Rule 7.205 (16 TEx. ADMIN.. CODE 9 7.205), details of each proposed rate increase are contained in Schedules A through J of the Cost of Service Schedules, which are filed herewith and incorporate~ herein. The effect of the proposed increase in 1 All voluminous workpapers for the cost of service schedules and testimony will be available for review at the Company's Voluminous Room located at Locke Liddell & Sapp LLP, 100 Congress Avenue,. Suite 300~ Austin, Texas. To schedule an appointment to review voluminous documents, please contact either Ms. Jennifer Mathis- Yolk at (512) 305-4784 or Mr. John Arnold at (512) 3054877 at least 24 hours in advance. 3 ~ '" .. ~ - - revenues of the utility is set forth in Schedule A.. All customers within the System will be affected by this change. The class and number of affected customers are set forth on Schedule J of the Schedules.. c. Reason for Rate Change This Statement of Intent ("SOl") is being filed in direct response to the actions of a number of cities to lower the Company's rates. Because of the ~agm.ented, bifurcated, jurisdiction established in GURA, a systemwide rate filing is the only viable way for the .~ompany to establish uniform. systemwide distribution rates. In responding to the show cause ordinances promulgated by the various cities, the Company demonstrated that its existing rates were materially deficient and therefore prepared this SOl.. Under current rates, Atmos is not recovering its reasonable and necessary costs associated with operating the System. The Company is currently earning a rate of return on net capital investment of only 6.91% on the System.. Atmos is therefore not earning a reasonable return on its capital investment iri the System, nor does it have a reasonable opportunity to do so.. Accordingly, the~rates currently in effect on the System are not just and reasonable, in violation of GURA 9 104.003.. In this filing, Atmos proposes a revenue requirement and rate design changes that will permit it the opportunity to earn a reasona~le rate of return of 8.86%. The .-. "...- proposed changes to rates are set out below: RATE R - RESIDENTIAL SALES Charge Current Proposed Customer Charge $9.00 $13~50 Interim Rate Adjustment $1 ~ 09 $0.00 Total Customer Charge $10.09 . $13.50 First 0 Mcf to 1.5 Met $1.2390 per Met $3.546 per Met Next 1.5 Mcf $1.2390 per Met $O~346 per Met All Additional Met $0.9890 per Met $0.346 per Met 4 RATE C - COMMERCIAL SALES Charge Customer Charge Interim Rate Adjustment Total Customer Charge First 0 Met to 20 Met Next 10 Met Next 320 Met AU Additional Met Cu rrent Proposed $30.00 $Ot 00 $30.00 $1.286 per Mef $0.1000 per Met $0.1000 per Met $0.1050 per Met $15.50 $3.68 $19.18 $0.7894 per Mef $O~7894 per Met $0.5394 per Met $0.2894 per Met RATE I - INDUSTRIAL SALES AND RATE T - TRANSPORTATION Charge Current Proposed Meter Charge $150.00 $430.00 Interim Rate. Adjustment $151.96 $0.00 Total Customer Charge $301 ~ 96 $430.00 First 0 MMBtu to 1,500 MMBtu $0.4882 per MMBtu $0.1400 per MMBtu Next 3,500 MMBtu $0.3382 per MMBtu $0.0350 per MMBtu Next 45,000 MMBtu $0.1882 per MMBtu $0.0100 per MMBtu All Additional MMBtu $0.0382 per MMBtu $0.0100 per MMBtu The effects that the proposed changes are expected to have on the revenues of the .Company are also addressed in the prepared testimony of Company witnesses Bruce Fairchild and Michael TheBerge. The proposed rate structure changes are discussed in detail in Mr. TheBerge's prepared testimony. In general, the Company proposes to increase the customer charge and reduce the size of the first rate block for residential and commercial customers, and to restructure the rate blocks for industrial and transportation customers. This rate structure change is expected to reduce revenue variability due to weather effects and should result in less volatility in the level of customers' bills.. The Company is also seeking approval of two new Riders: a WNA Rider and an RSA Rider. These riders will provide protection to customers and the utility 5 from over- or under-recovery of revenues. Atmos is requesting the" approval of revised depreciation rates as sponsored by Company witness Dane "Watson. Finally, the Company seeks to move the recovery of the gas cost component of uncollectible expense and the cost of odorant from b"ase rates to Rider GCR and to update the upstream pipeline cost allocation factors therein. The estimated total increase in annual revenue proposed by this Statement of Intent is $60~8 million or 3..6% based upon Curr~nt Annual Revenue from all customers. The filing is based on a Test Year ending December 31, 2005, and reflects present annual revenue under " present rates of $1,698.9 million and Estimated Annual Revenue under the proposed rates of $1,758.7 million.. The proposed changes will result in a maj or change as that term is defined in GURA ~ 104..101. As set forth in the Rate Filing Package, upon approval, the proposed tariffs will supersede the existing versions of these tariffs on file in the Cities and at the Commission for the environs areas served by Atmos outside of the Cities. VI. RATE CASE EXPENSES Pursuant to Gas Services Division Rule 7.5530 (16 TEx. ADMIN.. CODE ~ 7.5530), Atmos requests recovery Qf all of its rate case expenses inc~ed in the various city proceedings and in this proceeding and in all consolidated appeals, including any expenses reimbursed by the Company to the Cities or their attorneys or consu1tan~, by means of a surcharge. Atmos proposes that the issues involved in the recovery of its rate case expenses be severed from the other issues in this docket and that, after the conclusion of the hearing on the merits in this matter, a more abbreviated proceeding be convened to take testimony and present evidence from all interested parties on rate case expenses and an appropriate surcharge method. 6 VII. PUBLIC NOTICE Atmos will promptly undertake to notify the public of the proposed changes in its gas rates by publication in newspapers of general circulation in the Mid-rex service area once each week for four consecutive weeks. Additional copies of the Company's proposal are available from the undersigned Company representatives. Atmos will submit proof of publication to the Commission promptly upon .completion thereof, along with a copy of the published notice. XI. COMPANY REPRESENTATIVES FOR NOTIFICATION Atmos' business address and telephone number for purposes of this filing are: Atmos Energy Corp., Mid- Tex Division 5420 LBJ Freeway, Suite 1800 Dallas, Texas 75240 214-206-2063 Atmos' authorized representatives are: Richard Reis Director of Rates Atmos Energy Corp.., Mid-rex Division 5420 LBJ Freeway, Suite 1823 Dallas, Texas 75240 Telephone: 214-206-2860 Fax: 214-206-2131 E-mail: richard~reis@atmosenergy ~com and Gary D. Compton J. Alan Holman James W.. CheekIey, Jr~ Locke Liddell & Sapp LLP 100 Congress Avenue, Suite 300 Austin, Texas 78701 Telephone: 51"2-305-4730 Fax: 512-305-4800 E-mail: iaholman@lockeliddel1.com 7 General inquiries concerning this Statement of Intent should be directed to Mr. Holman at-A the above-stated address and telephone number. All pleadings, motions, orders, and other formal documents filed in this proceeding should be served on Mr. Reis and Mr.. Holman at their above- designated addresses. XII. RELIEF REQUESTED Atmos Energy Corp., Mid- Tex Division, prays that the Commission: (1) after a hearing on the merits of Atmos' SOl and consolidated appeals, issue a Final Order authorizing and permitting Atmos to place in effect within the Cities served on the system and within the environs of the Cities, the gas utility rates, termS and conditions, gas cost adjustment clauses, and riders proposed herein; (2) hold a separate hearing on the issue of rate case expenses and, following same, grant Atmos all of its rate case expenses reasonably incurred in the municipal level proceedings, its appeals of municipal-level show cause proceedings, proceedings initiated by Atmos' Statements of Intent, and all other related or consolidated rate proceedings; and (3) grant Atmos such other legal, equitable, and regulatory relief to which it may be justly entitled. 8 Respectfully submitted, Gary DIt Compton State Bar No. 4650000 J. Alan Holman State Bar No. 09903500 James W. Cheekley, Jr.. State Bar.No. 04170500 LOCKE LIDDELL & SAPP LLP 100 Congress -Avenue~ Suite 300 Austin, Texas 78701 Tel..: (512) 305-4730 Fax: (512 5-4800 , ATTORNEYS FORATMOS ENERGY CORP., MID-TEX DMSION 9 CERTIFICATE OF SERVICE I hereby certify that on the QIsKay of May, 2006, a copy of the foregoing Statement of Intent, Exhibits thereto, and Rate Filing Package was served on the parties and other persons listed.below, by placing an envelope containing a true copy of said documents.in an authorized depository for certified United States mail, postage prepaid, return receipt requested, and - properly addressed as follows: Geoffrey Gay Georgia Crump Lloyd Gosselink Blevins Rochelle & Townsend PC 816 Congress Avenue, 19th Floor Austin, TX 78701 Norman J. Gordon Mounce, Green, Myers, 8afi & Galatzan A Professional Corporation P.o. Box 1977 100 N. Stanton, Suite 1700 El Paso, Texas 79950-1977 Jim Boyle Alfred Herrera Law Office of Jim Boyle 1005 Congress Avenue, Suite 550 Austin, Texas 78701 Daniel J. Lawton The Lawton Law Firm. 1005 Congress, Suite 1050 Austin, Texas 78701 Roger Borgelt . Assistant Attorney Ge~eral Consumer Protection Division Office of the Attorney General P.O. Box 12548, Capitol Station Austin, TX 78711-2548 John Griffin Office of General Counsel Railroad Commission of Texas 1701 N. Congress Avenue Austin, Texas 701 .. 10 State of Texas ) County of Dallas ) AFFIDA VIr IN SUPPORT OF ST A TE1vIENT OF INTENT Before me, the undersigned authority appeared this day, Charles R Yarbrough, II who duly sworn stated: "I am. Charles R~ Yarbrough II, the Vice President, Rates and R~gu1atory Affairs for Atmos Energy Corporation, Mid- Tex Division, the Applicant in the. foregoing attached Statement of Intent to change gas rates and tariffs for all cities and environs in the entire Mid- Tex Division.. I am legally competent and a resident of the State of Texas.. I have reviewed the foregoing Statement of Intent and have personal lmowledge of the facts stated therein, which are true and correct." 8 PAMELA L PERRY My CornmIsIIon Expires _ October 2ft 2008 - 11 Atmos Energy Corp., Mid-Tex Division Witness List and Testimony Subject Mr. Charles Yarbrough, Vice President, Rates and Regulatory Affairs for Mid-Tex Division: Mr~ Yarbrough will testify concerning why the Company has filed this rate request, an overview of the case, a description of the rate filing package, a physical description of the Mid-Tex system, a description of th.e corporate structure of Atmas Energy Corporation, and Mid-Tex's position within that structure as well as a discussion of the acquisition of TXU Gas by Atmos Energy. Mr. Yarbrough will also testify concerning why certain adjustments were made to the cost of service, a general description of the changes to rate design proposed by the Company, the tariffs for gas service proposed by the Company along with a proposal regarding the Company's gas cost review process. Mr. Yarbrough will testify concerning r~te case expenses associated with this filing and the review process for rate case expenses Mr. Daniel Mezlere, Director of Accounting Services for Atmos Energy Corporation: Mr. Meziere will testify concerning the integrity of the financial data derived from the CompanyJs books and records, from which the schedules in the rate filing package are derived, and concerning AtmosJ compliance with certain of the Commission's substantive rules dealing with books and records, as well as the Company's cost allocation manual and derivation of shared services cost allocation factors.. Mr.. James Cagle, Manager of Rates and Revenue Requirements for Atmos Energy Corporation: Mr. Cagle will testify concerning the allocation of shared expenses to Mid-Tex, the allocation of investment to provide shared services to Mid-Tex, and adjustments thereto made in this filing. Ms. Laurie Sherwood, Vice President and Treasurer for Atmos Energy Corporation: Msw Sherwood will testify concerning the Company's procurement of property insurance coverage through its insurance affiliate, Blueflame Insurance Services, Ltd, and the reasonableness and necessity of the associated cost. Ms. Barbara Myers) Manager of Regulatory Accounting for Mid-lex Division: Ms. Myers will provide testimony concerning the ratemaking adjustments in this filing. . Mr. Scott Powell, Vice President, Metro Operations for Mid-Tex Division: Mr. Powell will testify concerning the reasonableness and necessity of the operations and maintenance expenses included in this filing, the net investment included in the 2003 and 2004 GRIP filingsJ and the net investment included in the Company's recent GRIP filing for 2005. Mr. Jay Joyce, partner of Alliance Consulting Group: Mr. Joyce's testimony addresses the cash working capital study prepared in conjunction with this proceeding and the level of cash working capital to be included in rate base. Mr. Michael TheBerge, principal of RateMaster Utility Services, Inc.: Mr. TheBerge will testify concerning the allocation of cost among customer classes and. the rate design proposed by the Company for adoption by the Commission. Dr. Donald A. Murry, Vice President of C. H. Guernsey & Company and Professor Emeritus at the University of Oklahoma: Dr. Murry will testify regarding the Company's capital structure and cost of capital. Mr. .Dane Watson, partner of Alliance Consulting Group: Mr. Watson will testify concerning the results of the depreciation study for Mid- Tex and the level of Mid-Tex depreciation expense included in the Company's requested revenue requirement. Dr. Bruce Fairchild, principal of Financial Concepts and Applications, Inc. Dr. Fairchild's testimony will provide a calculation of the Company's federal income tax expense and a summation of its rate basel overall revenue requirement or cost of service, and revenue deficiency. LINE NO. DESCRIPTION SCHEDULE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 REVENUE REQUIREMENTS BY SERVICE CLASS REVENUE REQUIREMENTS RATE BASE "COMPONENTS OF RATE BASE- GROSS PLANT COMPONENTS OF RATE BASE. ACCUMULATED DEPRECIATION CASH WORKING CAPITAL MATERIALS & SUPPLIES PREPAYMENTS SHARED SERVICES ALLOCATION OF WORKING CAP[TAL TO MID-TEX DIVISION OPERATION AND MAlNTENANCE EXPENSES ADJUSTMENTS TO OPERATiON AND "MAINTENANCE EXPENSES DEPRECIATION AND AMORTlZAT10N EXPENSE MID-TEX DEPRECIATION STUDY RATE SUMMARY TAXES OTHER THAN INCOME TAX FEDERAL INCOME TAX INTEREST EXPENSE - CUSTOMER DEPOSITS/ADVANCES SUMMARY OF RETURN CALCULATION OF RIDER GCR PART A CALCULATION OF RIDER GCR PART B SUMMARY OF CURRENT AND PROPOSED RATE STRUCTURE Schedule A Page 1 Schedule A Page 2 Schedule B Schedule C Scheduie D Schedule E-1 ScheduJe E-2 Schedule E-3 Schedule E4 Schedute F-1 Schedule F-2 ScheduJe F-3 Schedure F-4 Schedule F-5 Schedule F-6 Schedure F-7 Schedule G Schedule H Schedule I Schedule J IIQ!N .!O :::Ii'T""' "Cd) CUD) 'fim ClJa.. tI) Z~1O Quo en C -WN ~U": Q:;:.., ~ae~ I-W~ . en=: e>w ::Emu .. (I) W .a:"'o D::ZCJ OWz CJ~- >-wc CJ~Z D::~W WO! zw wa: cnw> o:;)~ :&:Zw ~~~ rt: ~ . ~C-" t! .. m . .c ........ .a.u i . Ie""""" !.m:g. eJ:. a.(.) " .. I>> . 8::1" a...C& e I a.. I> ~ .. II C ! ~C::Q' :J~"'-'" uE! c .e 1:~ u .. . C '#.r;e~~ ",oeo MVLOIO ~cicduS C\I ~""'LOCI') ~~~~ ~~gf~ MOC")CO C'irnrtfaS CD. co ... r--COfDor- "-CDC\I~ r--cct--'I:- <<:i-.::ftDtD CQNO~ ~cocc,.... ~~tt (")1"-- ~ ..... 69- 4.& It)-r-N,.... I"--COOit) lnLDfD,..... oi~riu5 ,.....~,.....cc 'If"""CONO rDcrj~tti 1t)~LOIO N"'" q ~ 69 f& ~ ..... CD G) "c e_~ ~a:::~ mOLL ,,"u. m ;S i cu:SZ:2- EOtl:a:.m "'"-- ....... - .... m1itiC = .- ;:; -8 ccc_ CD CD CD II -c-c-c. - -- ~- et:: lBgJl_ a:a::a:J! ~ rft.";/!.";/!.oE ..........lII\tv t-.ccot'O r'qcici ........ G)NCO('l) ~~~1!3 o":rDO ~ ~~ t; tt:i .,f t& 69- 3:g~N Q)NNgiJ ~;t~&f 'IIIl:tCO~'IIIlt Narr-:-a; CCCONLO v ll) ~ CDor-NQ "r"""NC)N O),....,~~ wt:i~cciN Mo,""",C")a) aJQ)C>>...... " 0) cO .,." IOU)NI/.) -.:t LD fRo ~ ~ Q) CD "C E_a= ~a:::oes G)Ou. O:::C)LL CD as Iii fd:s!:2ii ~~~i. m m m _ "2 ~f! ~e E ~~~& EEEu 888- ! ";ft.'#.'#."#. VQ)"I"""",.... CJ)'r""CCCD ~u?~~ . I I 69- E& aiCOC:O~ 'f"'"C)N C")"t'co t-:C'firDoi (ll')NCCO 0,...100 r-:NN""': ~ U) 69- 0- O!OCO CD ....0 It) (\')~ ct) "0; N ItS" S;~~~ ~ ~.. (f) rJ * . 69- "- CD CD -0 e~a: !e 0:: r4 mOLL Q:~u. CD Ii i " l:g:g g ma::a:z; - "'-........ ~II! cc:c'C :8~~o ! -I! -I! Ii 8. 8."~ C "14 UJ U) ~ ccc== I! e l!! CI Sssi cammID E:5J;:J 0Cf.tW" :J:J~.s ~"2"g- ---J! ~ ~ ~"#.rfl.'at Q'P"'"C>>CJ) oococo ci~~~ I ... IB- ~CO"'(f) .V eX) 'lilt' ,..... vC")m...... rir-:d';": ~~::~ a)C\i,..:C\i ~ C"\I Eli- f:F.t 69- ~if.~'#. C)oCX)co Il'JQIOI,Q cdoc.;~ ~ ~ ~~ <<!.f..-O) ~ ~..~ co CDCO t-: NO 10 co VI- "M- ~f2~;: (f)a)LO....... (f'jo)co~ CD ~ "IX) N t'w-Il)c-)to- cD cD ui' ~ ~~CQt--:. ..... 'r" 69- 69 NC")co~ QLOQ)"" 'IIl:tQ)(t),..... ~oieri'US ~'IIIlt(")C>> CDID.CO !.. cD N r--: carom rt CQ. 111- ~ W- M . ::I C I ! .. ! ~O ....." CD ~ CD "C. E C2 r iD:05i CD t) u.. i; D::C>LLCD CDia;~ 1:2:2_ .cca:c:::S o I- fD o o N @ fA. s c::: m c: ~ S CD -c I :s .e -c CD CD o c. e Q. 0- ~ '0 CD S c o ~ fJ a. Q.. -m '5 :12 ~ I CD ..c::: .... ! co m ::I c ~ ~ -c CI) CD o .. Co s e OD.. z_ m . ~~ ~N~~~m~mm~~~~~~~~~~~~~~~~~~~ ""'"CDNCI) ~og; e9aDt9N NQvCD COIt)~1l) aj ~ ~ ('1,.- ...... N lit 69- 69- ~ ~ "- CD CD "C E-." 13~ a:::C>LL :gilD cu"C"C S~~! coCDme :J ::. =' t c c c . ~E~~ ~a:t!i '-....1...5 Q)CI)CDo ===- 0001 ~ <("N .92:'0 ~C\I ii G) -5: i Cl)iQ. Z 1ft o C ;; ~ ~ ~ .eU).., ~~ffi t-Wm c~:& -ww :E!!:o r::tW Q.ao IXWCJ o~z uw- >::aC C)ZZ ~ww ~Gi!i WD::~ :g I- :& ffi ti I- i- oS I- I. . !! ~ eIS>Cc;:- It~- .. . " ~ a: u C>_ Ii~ " ~ ! c t~ &~ I m ';-- a::e c .9 ... -.. -cas u....... II . Q d z II C ::::i -r-C'\Ie') (CO).LD O)Q)CD ICictiai COCO.,. .....c-')LO N~uj C>>l"-fD ~ C'!. ,.... M- ... tA- 69- ~ N ('t) coC)U') C)(OQ) ~~~ &fit ~ C'f.. ~ ,- t& -e.9- t& u ........ :1:- m.m - .::::I :Ji i..c ~~ 0: (.) C) <em.... t::1:::CD caca-:S! o...Q.a:: "a::: 0:: S 000 (!)C!Jt- s... .... CD CD "'C"'C a:a= co In o r-: t'-- a> o co 'r"" CD It) o to: b; g ,.... * "l- Ll. Q) "5 i '5 en en Q) en c: CD it w 8 c m c S [: .i :t 'a C CD C o ;:; ! CD c- O CD -N 't- ...: ~ ci "'"" 'I"" ~ co "d- e) co (I) iii co V) co ~ CD r-: "('I') ('t) ..0 N ~ G) i u UJ en i ca I- m E 8 .5 t: CD :5 ~ CD B co I CD ~ po... ~ It) u) C) ~ ltS' co ,.... ..... II) to C) .... .0 co ~ G) "5- 11 ..c u 0) m U) c CD ! UJ. ~S CI) C o ra 0..> ~~ L. '- G) Q) E E ~i ::s ::Ii 0(,) C C o 0 1n10 ! ~ ~~ Nt-.. OOG) 0,..... IliCfi ~~ ..... ~t; Of'"- iDri U)'t"'" <'l or- d::L CD CD "5"3 i"S fjii cncn .......~ -"""(0 oeo uicO ~ .; T- ": T'" 69- mo oS! CD :::I- ii ""5 i5 men E ::I fDm fdtt:: mo so! ~~ ~ (t)- co ~ (Q CD as C) ~ ~ CD t co as 0> N Q) o aj ~ Ili ('t) ~ o ~ ~ :r oS! :I lJ .c u UJ en ~ ~ CD E B .E ! CD ~ ~ ~ ~ a:i to I"-:. ..- f;F) .,. M-- ..... to 'III:t C>> CD C") ~ - (If) an to 0) ~ cD co "!. T'""' -64 ~ o to ..... o co rD o ~ * l! c Ii ! = tT ~ . = c I & ~ rD ~ r--: C) ~ ~ ~ r) ~ 'lI\t CD o CD co o o N @ c o =; ~ o E < 'tJ C m c o = m -0 ! a. G)- O <C G) "3 11 .c u en U) Q) ~ t: J ..... c ~ ::3 o G) 0> r::: cu .c: o " Q) en o c. e D.. ~N~~~~~~m~~~~~~~~~~~N~~~~ al~ l!:!o -5~ CD CD ..t::Cl o CU roo.. z o Ci) :> is ti l- I 't"'" eWM 2",~ - c( W a.:.cam D:w:i Ol-w oceU >-D:::W C) C 0:: LI. W 0 Z en w <C en o :i l- e( an o Q N -c at ... CIJ CD :::J tr'~ CD.!!.. D:: jg o I- .... &:: G) .s~ cn:E. ::I :s- < L- CD Q..tn t:~-. .... 0 0 "'0'-' OCJ E <C '1i:c ct:......... c o ~ CL. " -5 e tn G) C ~ ci :::iZ T"""CD~CO CDf'.Mv ~o>om to: --r:i ~ m- co ll) 1'-0 NI'-ol'o-M (t") rn r--.- ,..: NN'Vv. ~,...... ~ "r"'" fA- .-.. ~ Nee CO "r- ("')(0 ~ 1'0-- ~ CJ) ,..... ~ r:tJ"'a;j coCX) ~ ......... 69- MN-..:-N I"---C>>C"")T- N.tDOf'.. N- r~.r r--: cO Olt)I'o-N OC>>I"-CO N~'-':"': ~"C"""'"-.::tv 0)... to '1-.. "f"'"" ~ W iR- ~ () a <<! tV (J,) ..... :g~~ ~ ~ ~I UJC/)s :J en ern .2 E ~e ou.. ~" Q.CD Q) I:: O~!2J "'OCt) 1:~~ cans., ....a::Sc I:rnEJ!! .!U)::Ja.. a.e81D '1i)C><(Z Z Lt)CQCOOT""" NNNNO COvC'\l1l?aJ m-cici NN C)(ON~O) ~C\lCO~v C',.r v'" N 0)- 69- &9- ..-.. NCDONLD"C""'" ~oCX)cn<of'oo.. VO)NCOC:OCO r---:r--:olli~~ I'-('t) 1.C)tt) co,..... ~vO)lt)1.l)1.l) ~ C'f)- N ~ m- c,.r -q- ~~"\t fi 69- r---.. ...... o JJi N N ~ ~ T"'" ~ (0 o o N @ IOm~ Nlt)O COQ)('I)CX)O ai <<5 ar ai CD" C>>Nf'oo-f"....N ~co~ N ';-.:j m .-... ('L')NLO ~CJ)O IIl)COOoll;t -.:i N r---.- (])COLl) It)CQv ..o~ci ""-' ~ EIJ- ~ ~ 67 69- ~ ...-.. NfDOQ)J'..""" "-*'0 CX) I'-LO 1'0- ~a:::tC\l~r--o ~~ci~o16 I'o-C")LOtoC")M ~vQ)C)vo 'V'''' C'I)- N ~ ~ M V NNLO '"-'" 69- 69- "l- e ,..... cti CD ~ c.o- "r""" E.9- *R- O)IJ)COO CONvv I vOl MI'- ('1')- 0 N <6 C"')VC)CD CO~vN N" Cf)- fA- ,.... C}l '? ..,. W w w w d) Q) G) (1) 3"'5"3 "5 'C 1:J "'C 'C Q) Q) C1) G) uiiii '5 (J) CI) U). CIJ ..., t: as a: a: z j! ~ :J ~1i EO el- u... we (l) t: C) -0 UJ <( m ...... s .0.. s::: m tU{) E C) ~ .5 ijt--c n:~ cu r? c:J t\! ~ ~I . . :> co ED . ~I~I ~ co ~I S -a ns o = I: ~ o 3: ! :J- (/)Q. cnlJ E-a e .!! LL"Q. -cC- d) ::3 5 &1 6, (I) u ~ .0 ~ ::J I-~C;; "'i -; ~ (J)E m ~ .. c:aso:!::c .a. 0 U) 0 Q.. ~ ~ ~~.!::~6 't:S .,ecn-a-oZ CD U)mCD(l)- :: CI) Q) 0) t:: =a. S a..:t:: 0 C1S ..e a. 0 CL~cEm::J"" :::I a. ~ co 0 CI) CQCD-cO"'CL. (; 0 <( -c B .s. .... lo..o '- C co 0- U)Q)Q)(U-sCl) ~EE;JE.E e .e .9~;::: :J 1 ... en en ::J 0 c: C :1- ::s .- 0 0 oOO..E<(z Z Lt) r---- Ct) a:J- It) o r:o- m 0_ OIf- ER- ~ E tf) .- Q) Co __ m- u8: U OJ:J -coo ~32od Q.CS0 ~~~ CD..c: CD .5~m t:CJ:! o s: Q en fa CD S ca a: N~v~~~~m~~~~~~~~~~~N~~ ()~ ....... Q) 0 ~~ Q) dJ ..t:Q) o ('CI ~ f) C,.;. I- zZ Qj rnQ" >0 CiU)1.O )(00 W"o I-"~ I I T"" eWn :e~a: .. a:I W O:waJ ~....:e OceW OttO >-u..~ "'Qu.. rt: w~O ZzU) Ww< Cl)Z 00 :EeL I-:E <Co o CP U c !~ ~ C1) a:: c o = D- .C U CD ~e .... c = o u u -( .... c :::s_ O m u "'"- c.> II( ! 0 :JZ cu u c ra Cii ID "'CIS S en ::I -c <( .......-.;;tMOC>>lt)(QCOI'L01.OC>> Q)OLt)"t:""""(Ot()~COCOQ)"t"co NOCO~"""l/)(")('t)LOtt)CJ)N cD rIJ. ~ ~ ; cO N ; rri M- M N LOOONOlC01t)tt)Nm1.t)ta ('t)tO~O""""""'(")LOvr---..~CO N or-- ~ trJ- ~ N ci N m- c5 M't"""" ,.....or-~N ~ q v ~ ". (oO"l:;tLO~NCOC\lVt()LOU')<ON O)VlOLO~vCt)lt)OQ)M'Q"-.::tO CON--Noq"l::t'~COtOor-v......Ct)(O as ..,; 't""""- ,..: c;j ct)- r---- 10 ll'i 0"- N rti as ui "I:-~O)C'Jcor-- ~-.:-OO('t)lC)N ~(OmLO('I') cnMVCOO>t--to ri ~- ,...: c5 rri .; 1'---- to" rrJ- 0- c,,r N ~T-"t"""'" T-T"""~ "C"""" co o o N @ "t- O) co ,....- ('Oi C'\[ (if N cq ~ fRo -lit 69- &g. M- 6i" U) 'Ilf'" 5' r0- m N (0 10 c I N I V 1 . 0) t LC) co l 0> I J LO 10 to "!. . CD M LO of a6 en OJ r-: If/ttt- ~ CD CD M (0 0 't"""" Q) "('- 0) M ........ ~ ...... as of ....: ........ ai :!. e c0- co ..!i c" CD E- ..... Q) UJi - :::s "'C < E.9- ~ o o rn .. tfg ... C :I: o E c( ,....... V M CJ) C) LO '!'- co f'o.. l() 1.0 M ~ COOll)r--.COLO.......COCOCOV~. NO <0 0,...... LOCOM101t)C)CX) ai <<J- r--: M .; <D ~ .,; r:rj ri M ,...: ~g~~~~~~~~~CZ N~c)Ltf~~ON-ai a:'- f'.-.:- 'l"""""r"'""VN 0) q Lt) T""" r--.. 'r"" M Q) tam "E GiG Q) c:: >.. E Q)~ c. en C> (J *5 C ., C'" 0) -.... w E is t: P~ EE ~ _ Coo. rnrJ"Jjg 0. ~g. .g. 5 0 CIJ oS ww ;1UD: riled C t: ~-s~ :E r/) ~ ~ .e fif~ at!) mmCl) U)a:::m .... . -..... ..... - Q) c: ~_ c o:::~ cnVJO~~Q)~ .!! "'C "0 '0 ~ 0:: tt: .~ Q) (1) rn g} a. ~ ffi .s .(ij 0.:5 0.5 Q) m m 5 "0 S -J ...J CIJ :E ::2 :E "(fJ :E :E J: ..5 ;::; =: :9~N ..b . -LOtOCOcnO"t:""""NMUl .!!~~~~~~~~~~~ CMM 69- 69- EI7 EIt- to (0 "V' Jl) <0 N co N v l.O -v II) Lt) "'t'- O) C() to It) 0 ~ ("") 1/) 0 co 0). -.::t 0 co co r-- ~ C\I r--.. ~ <<.I "CO en "r- ('t) r- ..... v a:i 0- ~ ~ a;j c(f ,....- l/)- Lri ai ci ('I') ~ ~ or-lOm(\JN...... ~T-O~('t),......lO "lOTf.OCJ)COM Q)(t)~tOmOJCW') ('ff ~- ~ 0" cri - r-: cO ai 0- eif N "r""~T- -':-~"r- ~ $ M- M l' C\I N o o N T"""' m.. ~ fA- 6'7 Ci ~ .... ...., ......:e:::: c C Q) Q) Q) E- E E Q.. :e:: a. 0.. .- G) "3 1: .g. 5- 5. tT .sg Q)E .... W W .S ~ :fi a. 5; Q) -c a[1: S E.3 E OJ 0 Q):J ~ (1)0- e1::~c:Ea. CD > w.e.. ,~ CD cC:' .Q .9- E UJ2:! 0 ::J '-"E 10:]0 c ctr ~ Cl5 $ 1: "C c.."'6 .g WC- () ~ ~ Em m C.S 0 C m ,..", == - 5 a E co O""f- ~ en E ~ b3 c(S ~ :;:; .9- c: w ~ Ese m 1... en E~ 5-~ ~~E Q)'E U) ~ f!!:::::I 0 W en a 0 00 5i .- .-::J ~ U. Q. m _ CtIi .c c.. - Q) (fJ U) - Co L.. om:E oE-Cooc!~o~.-o I ffi, 0 ~ .5 IE I!! ..e g .g li i .~ 5 ~U:C,)....JCJ)Ol-rn~-Ja..O::::Ez ca a:: f em N Cf) 0)" 0 ~ N Ct) V LO co r-- co Q) JIll'" 0 0 co en C) CD Q) C) 0) m 0) OJ Ol (5M('l')("')('t)MM(t)('")C")c:t)Cf)C'l')[f) co N C ....I + N ~ C .J ...., +i C ca ii: In rn o ... e" ~N~~~~~~m~~~~~~~~~~~N~~~~~~rere~ c~. m 0; ""5 ~; .j m .cO) CJ to. t)Q. z o ~ (3 W zD:: oI:L. _w me ~c QWIft ~~2 I- =>> .. 0:&1; i:::la: .. u w o:~m 0::.:& owW u~fd >-coc C)wu. 15..0 ffi~~ rnLL 00 :E~ !;cz w Z o I:L :e B 8 c !u ~....... &. c .2 -c u I) . ........ ce .... c ::I 8 u c ..... C ::1--., o m ~.... 8 c: II I "S i ~ .! c I) i~ I) ....., ~ ~ II ...: g m ~ l~ ... C :J o ~ 1~~~tOCD'r""XJ::Il)C';L() a=O~f8Ni?iCD;;~~ ~ 0) af 0 a; r-: 0 tti N M" g ~~~t::~a~g~ CS ~ aiONctS~cOO en ~~ ~-.,.~~ ~ t.9-' f I ,...." en ~ . I iii 0r- a) cr.i V ........ lif, '" g ..- ~ ......." 69- M E& i ~ M~ ~~N~~B8f8~~tD NU)IIt)a;OC),....U),....='r""~1D r-: 0 ~.. N t...:~ r-: vi Iri ~ ui ci ~ ~ a;~~ N Jea)8~ll'""" ,," N tD 0 iii N IIf:[ c.; v ~ -.:- ~ ~ ,... f!1t ........ 1('1') en Qt'l 11. I 1.1. N .... ~ 69- S3~'~~N~~(t)89S~~~ to ... CD U) Q) 0 CD I'- fa ...... co ~ ,- co t-:N' t.ON"': "":li:i"e-i'r--:'LO':gc6 rn ~~~ N te~~O)~ r-: NtQcS I6N~ri~ ~ T"" ..... "I"- r--. ... .... ~! 'E f5 i~ Q) e.., E E a.t: ~ Q. -5 m :; c ~ g"o. Iff .Jgecu... w w~ '- io.i CD ~affc:~ j 5aE ~'E~ c: ~ c. - --c... asCI) Dc-E ~! eW-3 "E~i;3 C J Q.aa1 tT~ "C a. -8 u c-8 <3 E m W ifi c .5 -2 W Q) o - 5 s E m C"~ ~ U) E ~ en aPJ = ;: -Q. c:W ..: E a: fa..... !Q E ~ 6-.8 ~8..E! c: en ~ ~ I? 0 W en .e 0 (3 to a; - ~ -~ ~ e ~ =-~ "fi ~'C 13 8! J!!!i .81.2 8 t!: ~8~~~~~~3.f~:i:i .... c II a: lNt')O)o"-Nt')..,.lt)lClt-.coCll cOOCDQ)CDCDO)O)C)Q)Q)O)aJi .M('f)(t)tf)p)(I')C')ct)C')(If')(I')CW)('l') ~ ~ N @ CD ...... CD ~ E f;$o 69- 69- '~(t)Lt)COSRCO::stJ:::Ll)~= ~ a; 8 ~ us fe-V) CD C;; ~ &l i~~g~gsfa~ri~ omO't""'ONC;)COT- 10 .,,; r.rjcrir''''':crid r--: ~.... ~'lIt~~ ~ ... tJ) 1!!m c mCJ ~ i_~ 0. S (!) U -5 c ~~ Iff ~ c:c c ~ ~~ .9 e CoD.. co mE Co .~ ~ a i~ en E ww ;=" - m-olS s~ S5 1i:J:E J:~ -= -if OJ. 16 m en IV" -;;;: - ..... ~!R c 1.1. ~ . a:.= UJCI) c:s ~-: CD E C -c"c 2 I! a: c:: -2; ! .! ~ ! ~j~Ui!~~CZ~:I~~ c o ZI :s .a-":-NIt)(DQ)o)O"r'"""Nct)Lt) :5~~I'-"r--.t-.CDCOCOCOCD .!!c-')C")CI">Mc-')C':)C")(f)CW)(f)P') Q .. ... ~ fi Clt ~ ~ co 69- .... if :r::: ...J + N ..... 5 --... c o ii 13 ! a. . C ". I :i E ::I U :l ~~ "-N~V~lClt-.~O)~~~~~~~~~~~N~~~~~~~re~ ~ ,... Wo llD~ "5 -0 CD alO> "5~ VJ Z In o C as ~ s: .. - ... o M ~~ffi ~~; -uw :ECJu r"z W a..._c a:~C) 8~l: >~c '-':z::i ffi~~ ifiu~ (I) I- o (I) :Ii w !C I- E ..~;t. fD 1:1 G) Z..,)( Ss CD COca C Q C' 8. ~ .'-' J( II W.3 II ~ca~ IQ~ ~j -g.. SC CO:::S..-. :sO..c f~- c: o ;: ....... '1:m u"-" CD ~ ::~t;~ ~CD,,"t--. T-.... (t') N ,........ NC")CQ,... CDOCDLO JDa Lti t-. as ..- .. ~~a:I ~fe~ ~trt:ir-..: N ..- ...-.. ;0.." ...-.. O)CDN fDCDC'D CDCOt'-- "";<<iaO "=t......'" "--' ......, ......... 000 CJ,)Q)Q) 1l)Ll)1D ~~M V.'IIIlt V CO~c-) OO)Mo NI"'"-O cDC"i~ CPOv NN'lI\t ('f) :E: J. m .!! "51 ~ !0i CI) '-NCOQ) COC)lOO CDC:OCQ) lli Cf)" r-: rD CCa)"""N "l""""c-')0)1l) N~O"': O>i'CON -r:. ~ ~ ~ <t- 69- Q) U c as I:: 8 .e C E: ~<m 15 S"t::~ :! cmca oes mQ.Q.. c :ED:a:::~J2 oC5 U 0 oeJo ~ C:(!)" Q) o 10.. '- .... Q, :pG)G)tDo ;if~6]j & ~ 69- - ! CD ~ C) o ~ ..- ........ 69- i o ~ ......... ........ 10 ItJ. cg cd Q) "'-' o m to ~ ~ ('t) cti o (W) ~ m "5 J u U) CD N ..... ~ ~ ci "I;'- ~ M .1 )( ~ CD E 8 E c:: CD ~ L. CD s:. 5 I r:. ...-.. o o ~ 'I""" ('t) co ---- o C) to cwi V Q) ,...... r-- ri ...... t1. .!: ! U) CD CD CD ~ ~ .... fit- HJ ~ c. Q) C Cl$ ~ c co > ~ ~ CD E i j u c:: o 1ii I! S .5 .. .. :5~ ~N~~u)cg,,"COCD~:: co o N. o N N C\I (Q o o N @ It) ~ 0) CD ~ 69-- M ........ o ..... r-... r--: co to ........ ~ c ~ ~ ..J:: (I) as o OJ; I:: ~ ~ E ~ ATMOS ENERGY CORP.) MID-TEX DIVISION MATERIALS & SUPPLIES TEST YEAR ENDING DECEMBER 311 2005 Stores , Line Account Balance As Materials & I;xpense Total Materials No. of Date Supplies Undistributed & Supplies (a) (b) (e) (d) 1 Beginning Balance $ 1,580t517 $ 786,960 $ 2,367,477 2 January 31, "2005 1.750,534 748~ 135 2,498,669 "3 February 28, 2005 1.849,142 735,408 21584,550 4 March 31, 2005 21040,403 731 ,569 21771,972 5 April 301 2005 5.000,963 7791765 5.780,728 6 May 31, 2005 1,908,246 749,555 2,657,802 7 June 30. 2005 1, 701 ,905 689,531 2.391 ~437 8 July 311 2005 1,599,762 505,724 2,105,485 9 August 31, 2005 1,329,142 518,721 1,8471863 10 September 30, 2005 11195.027 211 ,370 1,406.397 11 October 31, 2005 11 156,258 143.663 1,299,921 12 November 30. 2005 1,098,036 (58,236) 1,0391800 13 December 31. 2005 968,739 (335,270) 633,469 14 15 13 Month Average $ 2,2601428 Schedule E-2 Page 1 of 1 @ 2006 Schedule E-3 Page 1 of 1 ATMOS ENERGY CORP., MID- TEX DMSION PREPAYMENTS TEST YEAR ENDING DECEMBER 31 r 2005 Line Account Balance Total No. As of Date Insurance Other Prepayments Prepayments (a) (b) (c) (d) 1 Beginning Balance $ 328,787 $ (190.465) $ 138,322 2 January 31, 2005 116,452 9.342,907 9,459,359 3 February 28. 2005 99,399 6,394.171 6.493,570 4 March 31. 2005 82t347 5,451,751 51534,097 5 April 30, 2005 65,294 3091446 374,740 6 May 31.2005 48,241 10,130,188 10,178,430 7 June 30, 2005 31, 189 4,594,985 4.626.174 8 July 31, 2005 20,793 2,868,356 2,889,149 9 August 311 2005 10,396 6,519,977 6,530,373 10 September 3012005 3.790,989 3,790,989 11 October 31 J 2005 5,378,237 5)378,237 12 November 30,2005 4,528,604 4,528,604 13 December 31,2005 140,925 140,925 14 15 13 Month Average $ 4,620,228 @ 2006 Schedule E-4 Page 1 of 1 ATMOS ENERGY CORP., MID-TEX DIVISION SHARED SERVICES ALLOCATION OF WORKING CAPITAL TO MID- TEX DIVISION TEST YEAR ENDING DECEMBER 31, 2005 Line Account Balance Materials and No. As of Date Prepayments Supplies (a) (b) (e) 1 Beginning Balance $6,280,693 $0 2 January 31.2005 5,821,278 0 3 February 28. 2005 4,530,606 0 4 March 31, 2005 6,874.364 0 5 April 3D, 2005 5,905,524 0 6 May 31, 2005 5,526,982 8621400 7 June 30, 2005 5,409,852 1,600,448 8 July 31 t 2005 5,599J 764 1,600,448 9 AUQust31,2005 5,438,570 0 10 September 30, 2005 5.939.312 0 11 October 31, 2005 7.938,240 0 12 November 30,2005 7,328,263 0 13 Decem ber 31, 2005 6,266,899 0 14 15 Average $6,066,181 $312,561 16 17 AJlocation Factor 39.770/0 39~ 77% 18 19 Allocated to Mid- Tex $214121520 $1241306 20 21 Adjust Materials and Supplies (124,306) 22 23 Adjusted 13 month Balances 2,412,520 @ 2006 Schedule F..1 Page1of1 ATMOS ENERGY CORP.. MID-TEX DIVISION OPERATION AND MAINTENANCE EXPENSES TEST YEAR ENDING DECEMBER 31, 2005 Une FERC Per Books Adjusted No. Acct Description Amount AdJustments Amount (8) (b) (e) Cd) (e) 1 870 Operation SupeNision and engineering $ 3,701.954 $ (45,451) S - 3.656.503 2 871 Distribution Load Dispatching 101 458.289 458,390 3 872 Compressor Station Labor and Expenses 489 2 491 4 874 Mains and Services Expenses 25.071,258 2.650,681 27,721,937 .5 875 Measuring and Regulating Station Expenses .. General 76.084 1.864 n .949 6 876 Measuring and Regulating StaUon Expenses -Industrial 650 23 873 7 an Measuring and Regulating Station Expo. - City Gate Chk. Sta. 2,458 2.458 8 878 Meter and House Regulator Expenses 4,819.597 119.861 4,939.458 - 9 879 Customer Installations Expenses 2,128,705 67~955 2, 194.660 - 10 880 Other Expenses 7.229,315 (49.667) 7,119,648 11 881 Rents 39,976 583~7 623t643 12 885 Maintenance SupervIsion and engineering 13 886 Maintenance of Structures and Improvements 7,301 7,301 14 887 Maintenance of Mains 2.365.654 68.300 2.433,954 15 889 Maint of Measuring and Regulating Station Equip. .. General 2,594,608 70,381 2;664.989 16 890 Mainl of Measuring and Regulating Station Equip. - Industrial 482 17 498 17 892 Maintenance of Services 2,007,058 531487 2~060t544 18 893 Maintenance of Meters and House Regulators 144,334- 1.524 145,858 19 894 MaIntenance of other Equipment 188,193 458t099 646,292 20 901 Supervision 372 372 21 902 Meter Reading Expense 10,897;330 (1.905.120) 87992210 22 903 Customer Records and Collection Expenses 8,518,766 10~,496 18,747,263 23 904 Uncollectibre Accounts 10tno,656 1.685,526 12,456.182 24 905 Miscellaneous Customer Accounts Expenses 25 90B Customer Assistance Expenses 20; ns 20J n3 26 909 Informational and Instructional Advertising Expenses 1,475 1 t475 27 910 Miscellaneous Customer Service and Informational Expenses 2.271,856 1248.749 3.520;605 28 911 Supervision 1,036.956 24, 726 1 ;061.683 29 912 Demonstrating and SelOng Expenses 8;905 8,905 30 913 Advertising Expenses 341,215 341,215 31 918 Miscellaneous Sales Expenses 23; 139 23,139 32 920 AdmInistrative and General Salaries 2,769,100 6255 2,715~356 33 921 Office Supplies and Expenses 685,581 (254.024) 431,557 34 922 Administrative Expenses Transferred .. Credit 21.625.914 12,7507773 34,3761687 35 923 Outside SeNIce$ Employed 17.990t987 (17.040.788) 950;200 36 924 Property Insurance 310.391 604,902 915.293 37 925 Injuries and Damages 3.720,272 3t 720,272 38 926 Employee PensIons and Beneflts 8,892.783 5,893,319 14,786..102 39 928 Regulatory CommissiDn Expenses 2361948 236,948 40 930~ 1 General. Advertising Expenses 159,213 159t213 41 930.2 Miscellaneous GeneraJ Expense 1,011,982 750~OOO 1,761.982 42 931 Rents 757~199 115,176 Sn,375 43 932 Maintenance of General Plant 2.007 2.007 44 45 Total Operation and Maintenance Expenses $ 142,430~O34 $ 18M7~023 $ 160,9n.056 C2006 INN tLo CD_ 'SeD "'CC) ~ta aD.. U) U) W ~ W ; ~Il) ;~w~ .-u ~Z; ;~~ffi .(j)~m .....i::i , cii~ .:EO ~ . -z ~c51 ;OZQ : UQZ :>~w . C) ~8 :ffi~i% .~O~ :(1)~W .0 U)~ , ~ ~ .0:: <wO . ~ LL ::) ~ c =- -!s II :E S ! tiii~S ~ ~ 8 Q. "E :sE_ ~IDS . U CJC 0:::1- wO.,!. 11.0 Jl II.! 2._ i8Q IL, t:" ;i. g c I I I . , . r ~ I If) ~ I o M f8 ~ CD ~ 11.1 Q. ~ i.... . IQi:t'. 1" I.. I' f. f I' i., I ~~ I . . . . I - ..... I . i ( .... ~ Ll.l a.. at cc ~ ILl n. 3: II) ~ u...1 ~ .. '5.8 .. . =- -80- 0(,) .fJ ~ tl f".. 11""', filII "1 I", 1111' ,.1. .Ia.. ..... .... m ;; N (I) .. 'lilt ~ 1,1.1 a. :: "'" . -I leg ...1M iN' ill 1.1. f.I,) .11. 'ill'II'. tl' I.. i~'lll' .1. fif t::!. M 8 S tI') ~ LL.f ~ ... " 1"111"" ""'11"'1 :2 I an I .t' CD 'IR or: 'It..I.li"III. N ~ iLJ D.; :: .. ~ a..1 == .. "I.lf IIII"'l.il, ...... ... . 0) · I . ..,.: (J) N cr 11'1'" i. I' i, "1 = . c I iii . u c . j c :I "CII C . c .2 I o s I :; ::I f i ~ 3 e ! ! c I . ::I r .. c o :::)i!- I!~ ~ .1 ~ I ~t fI)~ :. '.II.t. . . si ~N~~~~~c=~~~~~~~~~~~~~~~~~~~~~~~R~~~~~~~~~~~~i~ · I I I I I i I' . Ii. . 1 f . I' . . . 15 ,., . "1 .. il'11 ~ t. 1.1"lt I. ""111 i "l! I I ;i~ 1&..:-.r QQi ~~ '11,... :::li_ IS ... s- t", .fl .t'l 1"i~"'III"I"I'III~'llf"'1 ~ C"\iI :.. ... c o = "C u . .S c_ C ::I o J -~~ il I e~o ~~ w~ ~il ~~ ~! C)-Co' j:::J Ii =~~ I ~~ i .. I aliE" ~ I ~!. 'E s'" ~ J s. ~~ ~ f ! !!.ti J i ;i I all Ii.; :: i ! ali 6a6S." ~E~'" ~~ 6 ~ ~! 2 ~ ~ ~i 1~!I~~~ali! ~i ii ~~ j II~~ ! ij::~ IS.I! ~ Ijj!'llli ii ;~~:J !~ i!!~ , Jli~l ;~J~ ~ iOj;ilJ'j Ili;;li~ !:B~E!a ~I!~ll!RI;lti j s.l! ~ II": ; -.. S'... 1:; 5 'i 1:; ... OS l.ll () lii ! ~ Ill! t1.I III ! 3 !l: Ii: t S 'E (!J _ ~6iilllil1 iii!!iil~filjiij~lrjlll~!il~~J i ili~iii5~!iiji~jiiiili1JiEJl~iJ~llit!lliJli OQO~~~~~OO~~~2~~~~~0~O~~O~20C<2~O<O~=W~~2~~ c~~~~o~CCe~~!~~8N~&~N~~8=~o~~~m~~N~.~~=~~_~ ~~~~~~~~~alimii=m~~8~55~88;a;;;m~~~g=ssmQsQ N c,f at 0: .mN -5 C: .!~ ~}j 0..: (I) W C/J Z w : ~ :~W~ -u - :"'~?- :~Z~ . CWW .?:'{!z!D ~_::E . Q:i~ : ~C~ :.i~ C . "Z~ :OOZ : Oi=W :~~e :W~a:: :z W . W D.. :~gw .:i~~ :!<ffi3 :&u. tn =" d < ... = -liB 21 111_ lalt.:.c:: '=0- cu ~ ~iN~:r.3 lC~fit; 'llltt'f. G:!.<<!. 'CQ.~<<!.ut' 1ft$!!X:~ :5!,...mr-:l lti ~~ is _CC:!..18 ....- N 2....too.,.....g 6'"i~ 1~~....$~O.~-"Q'In. t~ &f':~ ~i9~ ":0': -... ~co I,....~I ,~ (\I p f8 ~ tf) SN CD tN~~;::i,;; tOigl.~ sf _~.iI cq, N..... 10 ....~ ... .!! .a. ~. gc_ _ a. 8 - c ::l . ~ . .~ I.f.. f'.1.1IIII.... Ilr .1.1. * fl. I. ~ "1' ... o .. I I 1.1 I t 1'1 r t. I'. t If.... 11'. I I'I!, 1..8 ~~ ~ w- e;- X. ~ t:'" . ! . ~ ,- ~ Sf I or: co I ~ . ~ ,~i e:! If. i! ~ I . is . c :. ""'1.1 I . I . . . II). NON'ld":tM .,...It)!! ;; iasNi18~;f. g ~~ ~Ii~ tI) 1L- s::.....,.......vg ~~ .l?~~'~C.aslO. gg Gf~fi ~ ~a f ~~~! it! mco · S ~ ~ .n'f:[' &nN c . ~ . l 1ft ... .,1. f.lll, '.It.1 t · i · uS S! ~ 111.'.II.II.fll.I'111 - . ~ I i N Co t C) f i (l') .8 ~ 'II fl. f.... t .I! f.I.... E'II.,.. f., 1& c .9 _~ il I -m~ m! ! !ia ~7 ~~ !~s ~. .m c1~ca ~! t:j i~i i ~~ i · = !~ ~ · !! @J:8B - !! ~~ ! I I !!~.. II J)JJ)J i !! ~l!. .. ~ J ~ 6jjl. l! Ii ~~ 6 ~ i! J ~ J ~I ~=!Iis~~~ ~! ~~ ~~ fi olm! J~0! !!:! ~ We "l!COCl)O,l C.... ilL ~ ~ c.. I! ~..!... 11~!r:l!i i~ if5!~ ~~~i!li I.. ilil ..;~J~ ~ ~665iiilj ~JI~~118 &:B~~s~ ;~t~~i~~J!i~1 I i~S~~~~I~" !~~il~~~ ~~~ollo ....CI)..:~8~i~S.~ ~ :li~I!!~~! ~~~~~~~fifl!i!ll~lllilllj~t~JI ~ c~i..~~~.~! ~!!OQ!!!~~~e~liS~!.SU0M~~:li-~ ! Ii ~1! I ii ili!f~i~it:d!ii! 'f~~j B! ,~Ir~~i; fit~~~~~ B"iS 0 :I:=:l2:Ec3 51!! ~:l2:1:1~;l0::EU ::l:EOS ~0'~ < ~~O~O o..:E'w if &:i r!:I '1: U ~e C :s 8 :l u~ ~~~ o~N.~~~m~g~~2~=2NSX~~~x~mmc~N~~o~~~~~~=d~~~ ~J$ ~~~~~~~~~~m~~~~~im~828mi88&&&&&~~~S~SQ~imim CD fa @ g~ rc.. I g~ ~- (f) N Ct ..... ;X Q) ~ ~ ~ ~ s: ~ .... ~ LLt D.. ;: N ~ ~ I&..r ~ 8 ! ..... .- ... ~ lI..! D... ~ C) ..... ~ 1.L1 a.. ;: eft N ~ Q.. 3t ! I 8 c .. j c ii :E 'a C . C o I t o S .!! c . S . :s i ! Ii u c ! I i .s . :I f . . ~i ~N~.~~~~=~~~~:~~~'~~~~~~~~~~~~~~R~~~~~~~.~Q~~~~ M..- I . u.~ Q)~ 3(1) "00) CD ca ~a. ., II) = Q N w~ ZU)~ OZ~ -ww 0a.m S:><:e -wW CZU >COW w-c ~~u.. ONO 2jirn :0 C ~:&W OCS:! OO~ >ZW C)CCI) D:ZZ WO- 2-1- W~Z (1)-::5 QUa.. ::E~Z ~D..O We Ow ~ .ED ~ .1: .c (J "'-'" (I) Q) c ~m <(~ ~ 0 ::iZ s" ~~ ~ ...... c: ca C::u U'J ......., en e (!) c o ~ CD CD C CD a. J] c. .20) 1a 0 ._ r::: U m !Cii a.,m CDE Oca .... - cD- nI-c -c: I1.w c L... o ra =CD =>- .0...... -eel) .wG) 9l1- Q I.C) o CD trt:i f5 Ili CO C')O)C) ~N~ l'eO-ort-.. ~~~1~8~,~8~m "':t" uS M Ct) 0 or 0" cO pr-.." ~ to 0 CD ~ .0 CO CO 0 1-:' C'\I yo- 'It- ('I') N CJ) ~ 'r'-(f$" ... E& ~ .. .D :s (I) It) ~ (t) rri ~ iii ~ EIt Eli- ~ UJ U'J E 2 ~ "C CD c: C) .en CD < CD U) C Q) 0- &j c: o ! o E ~ c: o :;:; ca .0 e Co CD C Q) CJ) M o C>> M "" T"'" 1.0 LD Q) 'r"'" &ri CO co o ~ (Q) w. 64 II en c at t w c o i N ;: o .! "a C ca c o i ~ 0- r>> C S ~ ~ Q) -c :::J ~ CD ~ cu rn ....., r:: Q) (I) I: o U "'C c:- eo en CD UJ :.2 CJ c: ~ u.. "C I: to ~. 1:J Q) c: "0 as z_-J ~ o C') CO et:i ~~~~tJe~~tf!.~~'r;t?fl. ovcooto--mvocooO)N IOvC>>Ocv-JN(It)OtDC)l'-u) r--:~cio~etScv;ci~~~eti ..... ~N~~~~~~m~~~~~~~~~~~N~~ N o o rt)- o ('I) o T- ":. 't""""' o Ln ~ N CO N v 10 Lt), LD CD N VLD't""""'V(f)100CCCW)V~LD NN VVCOCOCO't"""'V"," C')1t) T-- i''' 0 ri ,,- Lei aD ci N '" <<f Iti ~C\lCOI'- ~T-OOcr')U)~ T""" C) 1.0 (t) C) CW) .q CO 0) r--. C) _ (') r-: ci (t) ~ r-: r.D r:ti 0" 0 C\l1I"""''t''''""'''t''''"" ~'C-or- ~ ~ w = I-: " i .., c E CD 15 Q) G.lE rn E Ec: CCD 0. .9- Q) .9- a. .3 ~ E 6- aD. m fii Iff Iff .9- w +-:ie.... ~::::J~'- c '5 r:: CD L. we- c Q) o \M .s.' Q) CJ)' 0 CD :; ;:; ~&E E!!E5:C:EC. .~ ~ ~w.~....~ ~~~.~a ! ~ 5. "" wC'" I: "'C Q.. 0 .g wC'" (J ~ . m Q c .- 0 ~ 0 · 0.5 5 5 E m 6-1-:::J U) E Q (I) ca:!::; ~ c:w lfi E 5 l!! C'- en E~ C'",g ~Q.5 ~c .!!~ ~~ 8.wcn.80oJ!!7a a.. 0.'0 Q) U) fI) .. ~ r- 0 15:E -E uc:~~oll._CJ I ;(JOSEO- e.s 8i ~s': 6 c CI) I-UJI--la.......c:::z CD C) (t)O~C\lC')vtt)CO~CX)m OO)Q)C)O)C)C)C)C)O)CD cnCt)('l)C')CW)CW)(f)t')C')CV)(l') -r: u.. ;0 Q).... 3(1) "00) $! ctJ ')a.. ) ~ zCC O:E -2 !Q:>> =::(1) Ow e~ I> eo :IE::::) :-1- D..CI) D::z 00 u- >!( CJ- ~O WW zC:: wt:L W enD ~ti tc~ Q i I Q 1:' ~ en lilt o ..-.. -- m N ......... 1t- N CI ...-.. N~ .... fJ c I!-u G) --- 1i n:: c .2 ... CL...-... -I: e () II c yj~ ~~ It . c 0 :Jz "'C~ CD 0 cnCt) oD:! 0..('") e a. ....?f!. cO) CDv ... .. 5('1) () CD ..... ca 0:: r= o +::: ca "(3 e Q. Q) o ....... c: m c:: c: o :; :J .Q .C ......, U) o co o o C\I @ ?f!.*"#.*,"#.?fl.*-#.~*~ ovcoot'-m"d'"OCOOO') O-q-O)OMC'\I('t)OCOC>>f'. ci~cioMCV:)C":iO~~~ ";je.tf!.~?f-~'#.'#.~"#.tte~ OCX)O)OOOOOIOOCQ C'r'"CJ)ovoq-OV'llll:tt--. cicw)oci~ci~c::ic:i~arS ~ "...., :C: CD ....... E .c: ci. c. ~g.. CD ... -S:J E ~3 .! c: C"" Lff .9- Lff s S EO .... W :::J... ~ i c.. cm Q) -c WCT c: S c -- C) 0 CD:s o ~:1E ~"E;:C:EC. Ta > S" .e.. I~ CD ol5 ~ 0.. E .- 0 ::J ... \wi E m.S 0 (.) a ~ WCT cQ)"C C. 15 .~ wC'" () ~ m C .- 0 C c. E 5 6 E CD 6-1- ::) (I) ~ ~ ~~~"e.ciW...:E6m c: m~~~~~8-8~'E ~ :s u. 0. VI..... 0 ~ CD ~"Oo ~ ~ m.!i~ ~.Q B~ ~ffi.6E~28iEii~5 &::-JCI)OI-CI)I-...Jc.c:::..:::;z aJ CJ Cf)O~C\I(W')VLnCO,,"CQo) COQO)C)Q)C>>C)C)O)CDaJ rt)C")(t)C') C')(')Ct) (t)(I')CW)Ct) ~N~..q-1l)CCl"o-tOQ)~::~~~~ Lt)""""'" u.!5 ~~ ::J m "CO) ell co 10- .) Z II) o CI Ui)(o >c~ -~,.. cw~ ~:E~ J-ow IOID cz:& i-w .. z fd t:L~Q ~t-C) o~z. ow- >:cQ (.!)I-z ~ow wCI)D:: zwL3 wx> ~i!l- :i fB !c ... -0... at c "'::1--... Cl)O"C ~~- J9 c I) E~ .... () rII""-"'" :2 ~ .= o 0..-.. me - l. c o ;;: .---... -5 ~ I c LQVMOLOCO mf'.,CW)Q)I.D'IIIl:t c)(w)f'-.OV(C 0" ai aD 1'0- fIf:t'-- ,," v~~~co(W) Q)COO) LO(f) CD" c!)" N .,,; JO ~ N o ,..." COve-') "'''-LO COOCl') CD'" ~ a) co to 0 NLOI'- ""-" 69- 10,,-, "d"~ I"--..q- r--"';- vi' ~ 't"'"" .~N ~OOO.LDCO ~OCOQ)~1l) <C(t)('I)OI"--T""' r--: to cD 1'-- co" ('I') OC')CW)v(W)co NNN v-..,... ~~N M ~ N Et9- ~ U'J V) E 2 .... "'C CD c: OJ us ~ en CD x ~ Q)"c" Q)BI U-cu_ L... - CD ) =~Q: ftI~ . ~ I I -I-- XG)Q)CD CD as c: ::::J ~ D::Exl--=c:c I!ca~~~~ CD 0 I- .- -- Q) ID 2co=tiQ..O:::D: a.t> ~C:I- c: c >"Ccof!ooo ~<cc..u.cz~ c ca o ... z ~ co o o N @) ('t)"C-I'-T"" CD OLDNCQ C\I ,,"ot--v 't- r9.rD-.:i"ai "" cO~~gs ~ CD- cO ItS' 0 NIO co T"" ~ .,. 6.4- ~ 69- T- ~ Lt) ~ <<:J'" 5i tri' T"" ~ * w. ~ .s Lt) cO ~ C') ~ 0) fJ7 CD E 8 .5 c as .c .... '- CD .c .... o I l- ii (; I- CD . :J ~ ~ N C") ~ to CO.i'. co C) ~ ~ ~ ~ ;! ~ N. m co "" v C) .0 V coccO(W) N a) ('t)~ 1.0" VNCOIl) o(t)",~ ri 0 -.:t-' NLO I'. w. EIt 69- x )( en cu ca G) J- I- !.LCD I I tJ'j (I) c: ..w ....c. 0 c. -" .- .- (I) G>> B 8 .!l 1i (DmE_ "a::D::es CD tl)U) 0'" .... (I) f/) " I cu. 0 0 '-J CD Qj ..... L. -c ::s D::(!)C!)cuc ISme. CDsu--> SCl)~~~ ... - > S CD 0 a: I- co~ tL'O G)~ "3 "C CD Q) OJ "= CO )0. ) Z II) o = in 0 N ~ -P- C C'1 lI1><~ ~~~ OW:!: -=eW :EOU :" U W ~!:~ O:tlZ O~- >W~ ~2~ ~u..w w > U) t- O U) :IE w ~ ... 1:::5..... CD C 1;;::1" =0.0 -~ E "-" ~C c o ~ ,..." -i: ~ U., :8 c at . c 0 ::;z "t"""" ('I') CO ~A CO rD C) r-.tflJ'. r--.COO 00>0) LONM N 0 N N V" C'i ~ C') ~ M ~ ci CO ..qo LO- CO 69- .-... CO c: ...J I "t"'"" c: -J "'-"' c: I- :::J ~ '0 ...... I:: CD c: o c.. E 8 G) :c ~ m J- "#. &0 co t"? I.C) .-... 10 r') ~ . ...-.-.. LD ~ '"" ~ "-" L... ~ .! >< ~ co o o N @ ~ o rtJ" ~ r.ti C') EB- (/) ~ ~ CD E 8 .5 !! CD "0 at o N c: ...J cj Q) "5 "'C CD .&:. 0- en ~ Q) ::J ...... 0 Ow z_ "r""" fiaS- * 69- ~C\I(l')~Lt.)CDl'o-tOO)~;:::~~~~ CD rn CD m CD ........ as a: c: o c. L. ::I ~ ....., .Q G) c '0 (;) CD 0 ~CI)u Q)UJ"'C c.ass ~)( m -c WCDC) 1;; 15 -CD !a::~ .e .5 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 A TMOS ENERGY CORP., MID- TEX DIVISION INTEREST EXPENSE.. CUSTOMER DEPOSITS/ADVANCES TEST YEAR EN"DING DECEMBER 31, 2005 Line No. Description (a) Amount (b) . Adjusted Customer Deposits $ Current Interest Rate Schedule F-7 Page 1 of 1 44,1n.412 - 3.09% Interest on Customer Deposits $ 1.365,082 Adjusted Customer Advances $ Current Interest Rate (1) 3,4371806 0.400/0 rnterest on Customer Advances $ 13,787 Notes: 1. Not an construction advance contracts specify that interest is to be paid and older contracts may bear a lower interest rate than later contracts so the expense is computed on the remaining balance of individual contracts rather than on the total remaining balance. @ 2006 Schedule G . Page 1 of 1 ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY OF RETURN TEST YEAR ENDING DECEMBER 31 f 2005 Line Current Proposed No. Description Rates Rates (a) (b) (c) 1 Net ODeratina Income/Return 2 3 Cost of Debt 6.71% $ 37,576,656 5.96% $ 33,203,907 4 Cost of Preferred Stock 5.53% 667,949 O~OO% 5 Available or Required Return on 6 Book Value of Common Equity 10.00% 52.596~996 11.75% 65,460,723 7 8 Total Return on Invested Capital $ 90,841 t601 $ 981664,631 9 10 Rate Base - CaDitalization Structure 11 12 Debt 51.00% $ 560,009,771 50.00% $ 557.1121539 13 Preferred Stock 1.10% 12,078,642 0.00% 14 Common Equity at Book Value 47.90% 5251969,962 50.00% 557,112,539 15 16 Total Invested Capital $ 1,098,058,375 $ 1 f 114,225,077 17 18 Percent Return - After Tax 19 20 Cost of Debt 3.42% 2.98% 21 Cost of Preferred Stock O~O6% O~OO% 22 Return on Book Value of Common Equity 4.79% 5.88% 23 24 Percent Return - After Tax 8.27% 8.86% 25 @ 2006 . .. ATMOS ENERGY CORP., MID-TEX DIVISION CALCULATION OF RIDER GCR PART A TEST YEAR ENDING DECEMBER 31,2005 - ESTIMATED GAS COST LINE FACTOR NO MONTH (EGCF) (a) (b) 1 JANUARY $8.1788 2 FEBRUARY $5~O209 3 . MARCH $5.0209 4 APRIL $5.6043 5 MAY $6.2953 6 JUNE $5.7039 7 JULY $7.7617 8 AUGUST $8.0603 9 SEPTEMBER $9.0940 10 OCTOBER $15.1703 11 NOVEMBER $15.1703 12 DECEMBER $12.6612 13 14 AVERAGE $8.6452 15 16 Rider GCR 17 Usage (Mef) Part A 18 Rate R 82.293,561 $ 711,440,866 19 Rate C 51,947,747 449,096,498 20 Rate I 3,746,338 311628.597 21 137f987,646 $ 1,192,165,961 Schedule H Page 1 of 1 @ 2006 -.. .~ Q) "'5 "'C CD 13 C/) z U) Omc f2.-~ > rx: - -<('III"'" Cc.M ><~o: wow I-7CJm c ::E -a:W :two :' 0 W a..-C ~a: OLL~ UO!; >ZC C)OZ o::i=W W<cD:: Z..,Jc( W~W CfJO> O-J.... ~<CI) ....OW <( I- CI).!B;ooo.. C>roo UD:::'-" en "'C ~ Q) c: m:J.-., Ecne.. ~:E w= lD E,....,. CD m :!::::......... 15.-, 0-0 1-"'-"' 'or- to 'or- 't- ~. 00 u) M V CJ) CD 0 V- 0) ~ -N ~ a N N co I.C) E.4- CD Q) r- aJ- Q) e' ca ~ o .... S CD :5 co co 0) m d fJ7 C") I""'- 1'-0 cO N ~ 0)- N .....MLOV oC)coco COvCJ)O r;o- ~ ~ a6 tOmNo:J N~COO V- ct)- N ci C:OLOLOm ~ M m co ~ O'r a; M tA- ('L')m Nee ~o ('I") ... ~o 01""- -(1) ~ 69- .......t--co ~ 0 ,..... LD 0- ~ ...~v('l) '2 ci ci c:i :::>~ER-fR- '- Q) a.. Q) ~ m a:: N C) co M eX) ('") ~- Eli- ~ co b 't5 :E ::E :e :E '\"""'1'-10 covco lOl'CJ) U)rir-:~ Q)C>>'IlII:t'N E "!. 0).. co_ .2~U;~ ~ coco ~ T- ~ or- (t)M- 00 iF)- 69- :::I .a aim ~ ::2 :E.:!1: V'r"'" CON me MOO co.... co M Co. 10.. ~"f"'"" oq-"f"'"" COCO""" MT""LO moO) ci ..0 1.0- OC>>C'J Q)tl)(t) N"'Mr.6 "It""'" ~ -69- EI7 CI) c:: -0 (.) .- ~m .....~ r:::: 0 Oc- OU) egt: _ tt'li ' ca So. J--cl- c(j.e~ - CI) .~ Q) I - .....ctii m 0 ~ O:::Z-o .s co o o N @ fe tC) r:IJ- c:o ........ 0- I"- 6fT rJ) 13 ~ ...... c:: o u "E l'G "'C :e:: m ..... en t r:: o Z CJ t: :.a ~ 13 )( Q) m~ t::N CD r:: a....J 0:::1 ()~ C)N i- s::::: Q)...J ""C -""'"'" 0: ~ 0 ~z ~N~~~~~~m~~~~~~~~~~~N~~~~re~~ s 55 ::2 6 15 en o U ~ ~u ca c.. ca U c o ;:; co; --.. "t=: mS.ao c)"'" r:c c. ~ID:: en 1!:E~e o 6~1- ~ 1ti Jg cd .- += ~ - " t: CD.~ ocuE...... E~E~S e Q) 0-01-0 80::0': ('t) o ,.- N o 09- .... en o U CD .E Ix .- cu 0.1- -g~ ......,- ca.;::;: E=> ;CI) CI) as We:> lC)(t)vC'\l "'-NLOOJ m"""NO)CO t:= ~.. Et"J- to cr) m ,- .,.. en co a.. '1"""". co.. C'ft rt:!. c:::.......OCOv uMC'\lT"""t-- el - Q) ~ i2 fRo- 69- 0)('t)C) L-1Oc)~ o~55ct) UV~N tfS;~~ c:C)f'..C\l o~~~ .- 0 0 0 B ..Q ;;;: to ~ ca Q.. 0.:: U (.!) c o :SID t::t:: cOm o g.a. ;:; co::: rJ ~ 0 .2 1-(9 <( ~Q; ...., m:Q i o:::uEO:: VI ~..!~m ! cam"'C- c.. a::c:.E:~ ~ m ~ 0: 19 {:. ". Schedule J ~ I' Page 1 of 1 .... ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY OF CURRENT AND PROPOSED RA TE STRUCTURE TEST YEAR ENDING DECEMB.ER 31, 2005 Line No. Description Current Proposed (a) (b) (e) 1 Rate R 2 Customer Charge per month $10.09 $13.50 3 Consumption Charge per MCF 4 Fi rst 3.0 Mef $1.2390 5 Over 3.0 Met $0.9890 6 Fi rst 1.5 . Mef $3.5460 7 Over 1.5 Met $O~3460 8 9 Rate C 10 Customer Charge per month $19.18 $30.00 11 Consumption Charge per MCF: 12 First 20 Met $0.7894 13 Next 30 Mef $O~5394 14 Over 50 Mef $0.2894 . 15 First 20 Met $1.2860 16 Over 20 Mef $0.1000 17 18 Rate I & T 19 Customer Charge per month $301.96 $430.00 20 Consumption Charge per MMBTU: 21 First 11500 MMBTU $0.4882 22 Next 3,500 MMBTU $0.3382 23 Next 45tOOO MMBTU $0.1882 24 Over 50,000 MMBTU $0.0382 25 First 1 ,500 MMBTU $0.1400 26 Next 3}500 MMBTU $0.0350 27 Over 5,000 MMBTU $0.0100 @ 2006 ~ S :\Qur Documents\Ordinances\06\Atmos Show Cause.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING THE EFFECTIVE DATE OF A TMOS ENERGY CORPORATION, MID-rEX DIVISION'S REQUESTED RATE CHANGES AS SET FORTH IN THEIR STATEMENT OF INTENT FILED WITH THE CITY SECRETARY ON MAY 31, 2006 FOR NINETY DAYS TO PERMIT THE CITY TllvIE TO STUDY THE REQUEST AND ESTABLISH REASONABLE RATES; TO REQUIRE THE REIl\1BURSEMENT OF MUNICIPAL RATE CASE EXPENSES; RATIFYING AND REAFFIRMING THE PAR TICIP A TION IN THE A TM COALITION AND THE HIRING OF RATE CASE CONSULTANTS AND AUTHORIZING THEIR PARTICIPATION IN PROCEEDINGS BEFORE THE CITY AND THE RAILROAD COMMISSION; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on May 2, 2006, the City Council passed Resolution No. R2006-016 ordering Atmos Energy Mid-Tex Division to Show Cause regarding the reasonableness of its existing natural gas distribution rates within the City, requiring it to submit a rate filing package based on a test year ending December 31, 2005 consistent with the Rate Filing Package and Public Notice Ordinances of the City of Denton and other cities, joining the Atmos Texas Municipalities ("ATM"), authorizing the hiring of consultants and attorneys and requiring reimbursement of reasonable rate case expenses; and WHEREAS, on or about May 31,2006, Atmos Energy Corporation, Mid-Tex Division, hereinafter referred to as Atmos Energy, filed with the City of Denton, Texas, ("City") a Statement of Intent to Change Rates to increase its rates on a system-wide basis by more than $60 million and also substantially changing its rate design for residential customers so that the more gas that is used the cheaper the rate; and WHEREAS, on May 31, 2006 Atmos Energy also filed a Statement of Intent to Increase Rates at the Railroad Commission of Texas; and WHEREAS, the City has joined with other local regulatory authorities to form ATM; and WHEREAS, the rate filing is thousands of pages in length with more than a half dozen teclmical experts; and WHEREAS, the rate request by Atmos Energy is the first of its kind filed by Atmos since its merger with TXU Gas and is novel and complex requiring specialized expertise of lawyers and experts who specialize in ratemaking proceedings initiated by public utilities; and WHEREAS, it will be difficult if not impossible for the City to complete its review of and make a final decision on Atmos Energy's filing of May 31, 2006 on or before July 19, 2006; and :. S :\OUT Documents\Ordinances\06\Atmos Show Cause.doc WHEREAS, the City needs at least 100 days to analyze and study the rate requests filed by Atmos Energy and before it is ready to adopt a final decision as a local regulatory authority with regard to Atmos Energy's filing; and WHEREAS, the Gas Utility Regulatory Act grants local regulating authorities the right to suspend the effective date of proposed rate changes; and WHEREAS, the Gas Utility Regulatory Act provides that municipalities shall be reimbursed for their reasonable rate case expenses by the regulated utility; and WHEREAS, ATM has been active in rate proceedings filed at the Railroad Commission by Atmos; and WHEREAS, the City Council believes it is reasonable for the City to cooperate with other cities in a review of Atmos Energy's rate application and that the City should join with other cities participating in A TM as a Steering Committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of ArM and the City; NOW, THEREFORE, THE COUNCIL. OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The findings set out in the preamble to this Ordinance are hereby in all things approved and adopted~ SECTION 2. The effective date of the tariff changes submitted by Atmos Energy on or about May 31, 2006 with the City is hereby suspended for ninety days from the scheduled effective date of July 19, 2006 or at least until October 17, 2006 and for such additional time as the parties may agree upon in order to permit adequate time for the proper review of Atmos Energy's Statement of Intent and to establish reasonable rates. SECTION 3~ The statutory timeline may be further extended if Atmos Energy does not provide timely and meaningful public notice .of its request to increase rates or if its rate filing package is materially deficient SECTION 4~ Resolution No~ R2006-016 authorizing Denton to join with other cities in a coalition of cities known as the ATM, approving the employment of outside counsel, required Atmos Energy to show cause regarding the reasonableness of Atmos Energy's existing natural gas rates, and authorizing other action is hereby ratified and reaffirmed~ The A TM Steering Committee is authorized to hire, direct, and guide the lawyers and consultants who are representing said cities, negotiate with Atmas, make recommendations to the City regarding reasonable rates and to direct any necessary litigation associated with an appeal of any rate ordinance and the rate case filed at the Railroad Commission. SECTION 5. The City, in coordination with the ATM Steering Committee, shall review the invoices of its consultants for reasonableness before submitting such invoices for reimbursement pursuant to Section 103.022 of the Gas Utility Regulatory Act Page 2 of 3 S :\Our Documents\Ordinances\06\Atmos Show Cause.doc SECTION 6. That the City's reasonable rate case expenses shall be reimbursed by Atmos Energy. SECTION 7. That the City Secretary is directed to send a true and correct copy of this Ordinance to Mr. Richard Reis, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240 and to Mr. Jim Boyle, Special Counsel for the ATM cities, by fax to 512.474.2507. SECTION 8. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. SECTION 9. This Ordinance shall be effective immediately upon passage. PASSED AND APPROVED BY the Governing Body of the City of Denton, Texas, at a regular meeting of the City Council on this the 20th day of June, 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~-~'~---' - ,-.--'- Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: June 20, 2006 DEPARTMENT: Fiscal Operations Jon Fortune If ACM: SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton totaling $12,665,000; and providing for an effective date. BACKGROUND This ordinance provides the Notice of Intention to issue City of Denton Certificates of Obligation Bonds, Series 2006. This notice will be published on June 25 and July 2, 2006. These Bonds will provide funding of $12,665,000 (including costs of issuance) for the following capital projects and improvements: $3,125,000 1,000,000 4,471,000 3,275,000 700,000 94,000 Streets and Transportation Public Safety - Fire Station #7 Solid Waste Vehicles and Equipment Airport Estimated Cost of Issuance Additional information on the specific projects included in these categories is provided in the attached CIP Schedule under the "Certificates of Obligation" section. The schedule also provides information for the General Obligation Bonds that will be sold simultaneously. The Notice of Intent is a required action for Certificates of Obligation Bonds by state law. The General Obligation Bonds were approved by voters in an election and a notice is not required. However, the projects funded by these bonds are reviewed and monitored by the Citizen's Advisory Oversight Committee members, appointed by City Council. PRIOR ACTION/REVIEW (Council" Boards" Commissions) The majority of these projects (including General Obligation Bond funded projects) were approved in the Capital Improvement Program, fiscal year ending 2005-2009. The General Obligation (GO) funded projects have been reviewed by the Citizen's Advisory Oversight Committee and the GO debt amounts reflect their recommendations as will be presented to the City Council during the June 20 Work Session. Agenda Information Sheet June 20, 2006 Page 2 Other projects were added due to emergency replacements (the Animal Services Crematorium), increased public safety needs (Fire Station #7 and City Hall East parking lot pavement), additional funding necessary to complete Vintage Boulevard project, and changed priorities (fire engine over City Hall East renovation). These changes have been reviewed by the City Council Audit Committee. FISCAL INFORMATION The Certificates of Obligation Bonds will have an estimated average annual debt services requirement of approximately $853,410. This amount has been included in the budget process. EXHIBITS CIP Schedule Ordinance Respectfully submitted: ~.. A-&- " u ~ , - IS;;" ,--" "" "" ~ ;'"r · "_!r l"' - . . =- "I' . ..... t:.. .. Diana G. Ortiz Chief Financial Officer GENERAL FUND Capital Improvement Plan 2005-06 TRANSPORTATION $4,445,600 $11,584,500 $6,045,000 $4,656,500 $26,731,600 Residential Streets 270,000 270,000 Intersection Signalization 270,000 270,000 Miscellaneous Roadways 220,000 220,000 Sidewalk Installation 210,000 210,000 BUILDINGIEQUIPMENT 200,000 400,000 1,305,000 1,905,000 South Branch Library Expansion 1,900,000 1,900,000 Senior Center Improvements 195,000 195,000 PARKS & BEAUTIFICATION 354,400 5,405,500 2,080,000 2,233,500 10,073,400 Civic Center Pool Slide Improvements 171,000 171,000 Avondale/Civic Center Park Equipment 135,000 135,000 Clear Creek Natural Heritage Center 100,000 100,000 City Hall Courtyard Renovation 90,000 90,000 Fred Moore Park Multipurpose Court 83,000 83,000 PrairieIRobertson Rail Trail Bridge 31,000 31,000 City Wide.Park Land Acquisition 20,000 20,000 Misc Paving 750,000 750,000 V intage Road 1,600,000 1,600,000 Replace Fire Engine 500,000 500,000 1,000,000 Replace Fire Quint 800,000 800,000 Fire Station #7 3,250,000 1,000,000 4,250,000 Public Safety Training Facility 8,200,000 8,200,000 Public Safety Radio Upgrade 2,500,000 2,500,000 Multi Modal Station 1,400,000 2,500,000 3,900,000 City Hall East Renovation 500,000 500,000 HV AC Replacement Program 400,000 550,000 950,000 Roof Replacement Program 500,000 250,000 750,000 Flooring Replacement Program 400,000 400,000 Pave City Hall East Parking Lot 125,000 125,000 Replace Animal Svcs Crematorium 90,000 90,000 Airport Western Development 500,000 500,000 Airport Improvements 700,000 700,000 Motor Pool 1,500,000 2,285,000 1,500,000 1,300,000 1,500,000 8,085,000 Solid Waste 1,550,000 4,471,000 1,486,500 876,500 641,500 9,025,500 S :\Our Documents\Ordinances\06\062006 Cert of Obligation.doc ORDINANCE NO. AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON TOTALING $12,665,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is deelned necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON," the forIn and substance of which are hereby adopted and approved and Inade a part of this Ordinance for all purposes. SECTION 2. The City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two consecutive weeks in a newspaper of general circulation in the City, with the date of the first publication to be at least fifteen (15) days before the date tentatively set for the passage of the Ordinance authorizing the issuance of such Certificates of Obligation. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: "--sf{':;.-e~;;.~ THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of its intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION, in accordance with the Certificate of Obligation Act of 1971, as amended and codified, and other applicable laws, in the maximum principal amount of $12,665,000 for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase, construction and acquisition of certain real and personal property, to wit: (a) road, street and parking improvements; (b) construction and equipping of westside fire station No.7; ( c) acquisition and installation of replacement heating venting and air conditioning equipment for City buildings; (d) improvements to the City's solid waste disposal system and acquisition of related equipment; (e) construction of a crematorium for the City's animal control department; (f) improvements to the municipal airport; (g) acquisition of vehicles and equipment for the City's motor pool; (h) constnlction of a lTIulti-modal transit station and the acquisition of interests in land in connection with the construction of such station; and also for the purpose of paying all or a portion of the City's contractual obligations for professional services, including engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the City from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system). The City Council of the City tentatively proposes to authorize the issuance of such Certificates of Obligation at a meeting commencing at 11 :30 a.m. on the 18th day of July, 2006, in the City Council room at the Municipal Building (City Hall), 215 E. McKinney, Denton, Texas. CITY OF DENTON, TEXAS By: Jennifer K. Walters, City Secretary