HomeMy WebLinkAboutJuly 18, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
July 18, 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, July 18, 2006 at 4:30 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
1. Receive a report, hold a discussion and give staff direction regarding nominations to the
City's Boards and Commissions.
2. Hold a discussion and give staff direction concerning leasing of oil, gas and mineral
interests.
3. Receive a report, hold a discussion, and give staff direction regarding the City's Long
Range Financial Forecast and Budget.
4. Requests for clarification of consent agenda items listed on the consent agerrla for today's
City Council regular meeting of July 18, 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. Deliberations regarding Real Property - Under Texas Government Code
S551.072; and Consultation with Attorney - Under Texas Government Code
S551.071.
1. Receive a confidential presentation by staff regarding the value of real
estate and the city's taking or acquisition of several easements located
within the E. Pizano Survey. Abstract No. 994 and the B.B.B. & C.R.R.
Co. Survey, Abstract No. 158, in the City of Denton, Denton County,
Texas; the underlying owners are believed to be Petrus Investments, L.P.
and/or Robson/35W Investors, L.P. Receive legal advice from the City
Attorney or his staff regarding the acquisition or condemnation of the
easements.
B. Consultation with Attorney - Under Texas Government Code S551.071.
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
City of Denton City Council Agenda
July 18, 2006
Page 2
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.
C. Deliberations regarding personnel matters - Under Texas Government Code
S551.074
1. Deliberate and discuss the appointment and the duties of public officers to
the Planning and Zoning Commission, Zoning Board of Adjustment, and
any other board or commission of the City of Denton, Texas exercising
discretionary powers as opposed to purely advisory powers.
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, July 18, 2006 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMA TIONS/PRESENT A TIONS
A. Proclamations/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
July 18, 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 - Q). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Cornent Agenda.
If no items are pulled, Consent Agenda Items A - Q 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 Interim City Manager to execute a Professional Services
Agreement for architectural or engineering services by and between the City of
Denton, Texas and Kimley-Horn and Associates, Inc. for engineering services for
approximately 7,800 linear feet of up to thirty- inch water line along Roselawn
Drive from Bonnie Brae to Bernard Street in Denton, Texas; providing for the
expenditure of funds in the amount of $144,500 therefor; and providing an
effective date. The Public Utilities Board recommends approval (6-0.)
B. Consider approval of the minutes of:
June 5, 2006
June 6, 2006
June 13, 2006
June 20, 2006
C. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton Animal Shelter
Foundation to support fundraising for new shelter facilities, programs, and shelter
maintenance; providing for the expenditure of funds therefor; and providing an
effective date.
D. Consider adoption of an ordinance providing for the expenditure of funds for the
emergency refurbishment of the two belt filter press machines at Pecan Creek
Water Reclamation Plant in accordance with provisions of State Law exempting
such purchases from requirements of competitive bidding; and providing an
effective date (File 3536 - Emergency Purchase of Belt Press Refurbishment
awarded to Andritz Ruthner Inc. in an amount not to exceed $160,000). The
Public Utilities Board recommends approval (6-0).
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 3538 - 2006
Electrical Energy Transmission Fees in the total amount of $124,600). The Public
Utilities Board recommends approval (6-0).
City of Denton City Council Agenda
July 18, 2006
Page 4
F. Consider adoption of an ordinance authorizing the City Manager to accept an
Interlocal Agreement with Collin County, Texas to authorize participation in
various City of Denton contracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File
3535 - Interlocal Agreement with Collin County, Texas).
G. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for paving improvements to Vintage Parkway; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3518 -
Vintage Parkway Paving Improvements awarded to Jagoe-Public Company in an
amount not to exceed $1,314,007.25). This project was approved by the voters in
Denton in the bond election held on January 15,2000.
H. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for improvements to the City of Denton Civic Center Pool;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3519 - Civic Center Pool Improvements awarded to Robertson Commercial
Pools, Inc. in the amount of $89,507 for Contract lA and Sunbelt Pools, Inc. in
the amount of $97,544 for Contract 1 C for a total award of $187,051).
I. Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the installation of manholes for the City of Denton Water/Wastewater
Department; providing for the expenditure of funds therefor; and providing for an
effective date (Bid 3488 - Monolithic Poured Concrete Manhole Installation
awarded to bwest responsible bidder meeting specifications, Lone Star Manhole
and Structures, LLC, in an amount not to exceed $60,000). The Public Utilities
Board recommends approval (6-0).
J. Consider adoption of an ordinance accepting competitive bids and awarding a
contract for temporary shoring for the Wainwright PEC-4 Channel; providing for
the expenditure of funds therefor; and providing for an effective date (Bid 3520 -
Wainwright PEC-4 Channel Temporary Shoring awarded to lowest responsible
bidder, Craig Olden, Inc. in the amount of $33,616). The Public Utilities Board
recommends approval (6-0).
K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute on behalf of the City of Denton Amendment No.3 to an
Airport Project Participation Agreement with the Texas Department of
Transportation dated January 8, 2002 relating to the construction of improvements
at the Denton Municipal Airport, and declaring an effective date. The Airport
Advisory Board recommends approval (5-2).
L. Consider adoption of an ordinance of the City of Denton, Texas terminating that
certain airport lease dated April 20, 2004, by and between the City of Denton,
Texas and January Aviation, L.L.C.; authorizing the City attorney or his designee
to take appropriate legal action, if necessary, to effectuate the termination; and
providing an effective date. The Airport Advisory Board recommends approval
(6-0).
City of Denton City Council Agenda
July 18, 2006
Page 5
M. Consider adoption of an ordinance authorizing an Agreement between the City of
Denton, Texas ani Robson Denton Development, L.P., providing for the
acquisition through purchase or condemnation of certain water utility and
temporary construction easements located in the E. Pizano Survey, Abstract
Number 994, and the B.B.B. & C.R.R. Co. Survey, Abstract Number 158, the
City of Denton, Denton County Texas, and being within a parcel of land
conveyed to Petrus Investments, LP by deed recorded in Volume 4246, Page 574,
and within a parcel of land conveyed to Robson/35W Investors, L.P., by deed
recorded in Volume 5090, Page 1241 of the deed records of Denton County,
Texas; and providing an effective date. The Public Utilities Board recommends
approval (6-0).
N. Consider adoption of an ordinance declaring a public necessity exists and finding
that public welfare and convenience requires the taking and acquiring of three
permanent water line easements and three temporary construction easements
located in the E. Pizano Survey, Abstract Number 994, and the B.B.B. & C.R.R.
Co. Survey, Abstract Number 158, Denton County Texas and being within a
parcel of land conveyed to Petrus Investments, L.P., by deed recorded in Volume
4246, Page 574 of the deed records of Denton County, Texas; authorizing the City
Manager or his designee to make an offer to purchase the easements and if such
offer is not accepted, authorizing the City Attorney, or his designee, to institute
the necessary proceedings in condemnation in order to acquire the easements; and
providing an effective date. The Public Utilities Board recommends approval
(6-0).
o. Consider adoption of an ordinance declaring a public necessity exists and finding
that public welfare and convenience requires the taking and acquiring of a
permanent water line easement and a temporary construction easement located in
the E. Pizam Survey, Abstract Number 994, Denton County Texas and being
within a parcel of land conveyed to Robson/35W Investors, L.P., by deed
recorded in Volume 5090, Page 1241 of the deed records of Denton County,
Texas; authorizing the City Manager or his designee to make an offer to purchase
the easements and if such offer is not accepted, authorizing the City Attorney, or
his designee, to institute the necessary proceedings in condemnation in order to
acquire the easements; and providing and effective date. The Public Utilities
Board recommends approval (6-0).
P. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a Professional Services Agreement
with the firm of Freese and Nichols, Inc. to provide engineering services
associated with the design of the Shady Oaks Drive Extension and Brinker Road
Extension Projects in an amount not to exceed $381,583; authorizing the
expenditure of funds therefor; and providing an effective date. This project WlS
approved by the voters in Denton in the bond election held on February 5, 2005.
City of Denton City Council Agenda
July 18, 2006
Page 6
Q. Consider adoption of an ordinance of the City of Denton approving an extension
and ratification of a bond counsel contract with McCall, Parkhurst & Horton,
L.L.P.; authorizing the City Manager to execute the contract extension; approving
the expenditure of funds therefor; and providing and effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance amending portions
of Subchapter 13 ani 23 of the Denton Development Code pertaining to parking
in the rear or to the sides of buildings; providing for a penalty clause with a
maximum amount of $2,000.00 for violations therefore; and providing an
effective date. The Planning and Zoning Commission recommends approval
(6-0). (DCA06-0008)
B. Hold a public hearing and consider adoption of an ordinance approving an
alternative development plan for approximately 0.495 acres of land generally
located on the north side of Colorado Blvd. approximately 1,100 feet west of
Mayhill Road to allow a medical office building legally described as Lot 6R2,
Block 1, of the Denton Regional Medical Center Addition, in the City of Denton,
Denton County, Texas; providing a penalty in the maximum amount of $2,000.00
for violations thereof; declaring severability; and establishing an effective date.
The Planning and Zoning Commission recommends approval (6-0). (ADP06-
0007)
C. Hold a public hearing and consider adoption of an ordinance regarding a Specific
Use Permit for a drive-through facility on approximately 0.618 acres of land,
generally located on the west side of Lillian Miller Parkway approximately 500
feet north of Southridge Drive, located within a neighborhood residential mixed
use (NRMU) zoning district, and platted as Lot 4, Block A Southridge Oaks
Addition in the City of Denton, Denton County, Texas; declaring severability;
providing a penalty in the maximum amount of $2,000.00 for violations thereof,
and establishing an effective date. The Planning and Zoning Commission
recommends approval (6-0) with conditions. (S06-0003, State Bank & Trust)
D. Hold a public hearing and consider adoption of an ordinance granting approval of
a license agreement for the subsurface use of a portion of the Lake Forest Park
approximately 468.8 feet for the purpose of a natural gas pipeline in accordance
with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance
of license; and providing an effective date. The Parks, Recreation and
Beautification Board recommends approval (4-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution of the City Council of the City of Denton,
Texas concerning the appointment of a member to the Board of Directors of the
Texas Municipal Power Agency representing the City of Denton; and declaring an
effective date.
City of Denton City Council Agenda
July 18, 2006
Page 7
B. Consider adoption of an ordinance on second and final reading to voluntarily
annex approximately 3,406 acres into the corporate city limits of the City of
Denton, Texas. The property is bounded by Tom Cole Road to the north. FM
2449 bisects the property near the center of the development and John Payne
Road is the eastern boundary south of FM 2449. Underwood Drive is on the
eastern side of the property north of FM 2449. The property is bounded on the
west by H. Lively Road/C. Wolfe Road and extends to the south a distance of
approximately 6,500 linear feet from FM 2449. The property to be annexed is
generally located in the southwestern area of the City of Denton's Extraterritorial
Jurisdiction (ETJ). The Planning and Zoning Commission recommends the
annexation proceed as presented (6-0). (A06-0001)
C. Consider adoption of an ordinance approving a first amendment to the
Professional Services Agreement between the City of Denton and R. W. Beck,
Inc. to provide professional design and engineering services at the City's Landfill;
authorizing the expenditure of funds in the amount of $665,000; ratifying
previous actions; and providing an effective date. The Public Utilities Board
recommends approval (6-0).
D. Consider a request for an exception to the Noise Ordinance 2001-265 Section 1
(20-1 #3) to the hours for an Outdoor Music Festival. The festival is being
conducted by five residents on their private property in the 1000 block of W.
Hickory Street. The event is to be on all day on Saturday, August 5, 2006, from
11 :00 a.m. to 12:00 a.m. The request is for the extension of the hours to be from
10:00 p.m. until 12:00 a.m. The decibel for an outdoor music festival is not to
exceed 70 dba.
E. Consider appointments to the following boards and commissions:
1. Airport Advisory Board
2. Animal Shelter Advisory Committee
3. Community Development Advisory Committee
4. Construction Advisory and Appeals Board
5. Historic Landmark Commission
6. Human Services Advisory Committee
7. Library Board
8. Parks, Recreation and Beautification Board
9. Planning and Zoning Commission
10. Public Art Committee
11. Public Utilities Board
12. Traffic Safety Commission
13. Zoning Board of Adjustment
F. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Jordan Hudspeth regarding concerns of Southeast Denton.
B. Lanisha Hudspeth regarding concerns of Southeast Denton.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
City of Denton City Council Agenda
July 18, 2006
Page 8
E. Willie Hudspeth regarding concerns of Southeast Denton.
F. Charles V oellinger regarding Fry Street development.
G. Addison Dwyer regarding complaints against Verizon.
H. Angel Biasatti regarding Verizon' s fiber build.
I. Robert Donnelly regarding city business.
J. Bob Clifton regarding city business.
K. John Paul Eddy regarding suggested new policies for City Council:
hazardous waste rail limitations and holding the Closed Session
portion of the council meeting first.
L. Nell Yeldell regarding false claims act of Utilities.
G. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
H. 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.
I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2006 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELA Y- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: July 18,2006
DEPARTMENT: City Manager's Office
CM: Howard Martin, Interim City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding nominations to the City's
Boards and Commissions.
BACKGROUND
Attached are the nominations Council has submitted for boards and commISSIons positions.
Council will be voting on approval of these nominations under "Items for Individual
Consideration" .
Nominations made at this meeting will be voted on at the July 25th meeting unless Council
suspends the rules and agrees to vote on them this evening.
Council Member Montgomery has a nomination to the Animal Shelter Advisory Committee.
There is an "All" nomination to the Community Development Advisory Committee. Mayor
McNeill has a nomination to the Human Services Advisory Committee. There is also an "All"
nomination to the Human Services Advisory Committee. Council Member McElroy has a
nomination to the Parks, Recreation & Beautification Board. Mayor McNeill and Council
Member Montgomery have nominations to the Planning and Zoning Commission. Mayor Pro
Tern Kamp, Deputy Mayor Pro Tern Mulroy, Council Members Heggins, Thomson, McElroy
and Montgomery have nominations to the Public Art Committee.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:\Boards & Comm\Agenda Info Sheet for Nominations WS.doc
BOARD AND COMMISSION NOMINATIONS
Board Council Nomination
Member
Airport Advisory Board Thomson Don Smith
McElroy Charles Brown
Montgomery Jim Clark
McN eill Larry Luce
Animal Shelter Advisory Committee Heggins Marilyn Wells
Kamp Tim Moore
Montgomery
Mulroy Curtis Martin
Community Development Advisory Cmte. Thomson LaN ell Winn
Montgomery Edward Touraine
Mulroy Herbert Holl
McN eill Sandra Benavides
All Ron Aldridge (nominated by McNeill)
All
Construction Advisory and Appeals Board Kamp Larry Calvert
McElroy Art Masciere
Historic Landmark Commission Kamp Randall Boyd
McN eill Darlene Mullenweg
All Peggy Capps (nominated by McNeill)
Human Services Advisory Cmte. Kamp Mary Tisher
McElroy J an Hillman
Montgomery Harriet Aronson
McN eill
All Richard Stream (nominated by McElroy)
All
Library Board Thomson Judy Deek Giese
McElroy Lori Wolfe
McN eill Pat Langa
Parks, Recreation & Beautification Board Kamp Allyson Coe
Thomson Patrice Lyke
McElroy
Planning and Zoning Commission Thomson DeCarlo Noble
Montgomery
Mulroy Mary Thibodeaux
McN eill
BOARD AND COMMISSION NOMINATIONS
Council Nomination
Member
Heggins
Kamp
Thomson
McElroy
Montgomery
Mulroy
McN eill J oAnn Ballantine
Board
Public Art Committee
Public Utilities Board
Robinson
Traffic Safety Commission
Heggins
Kamp
Mulroy
All
All
Zoning Board of Adjustment
Kamp
Montgomery
All
S:\Boards & Comm\Nomination Sheet.doc
Andy Shelton
Pat Cheek
Lelia Howell
Michael Kozak (nominated by McNeill)
Sawko
Cliff Reding
Cecil Adkins
Millard Heath (nominated by McNeill)
Brian Bentley (nominated by Thomson)
Vicki Holt (nominated by McElroy)
AGENDA INFORMATION SHEET
AGENDA DATE: July 18,2006
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an update on the City's
Long-Range Financial Forecast and Budget.
BACKGROUND
As you are aware, the Audit/Finance Committee continues to make progress on developing the
City's Long Range Financial Forecast. Consideration of the City's five-year financial picture is
essential in developing the 2006-07 proposed budget.
Each week as the Audit/Finance Committee has met and as the minutes from these meetings are
approved, I have provided each of you a copy of the materials presented and discussed with the
Audit/Finance Committee. This has enabled each City Council member to stay apprised of the
current status of the Forecast and allow you to ask questions as needed. Action items as
requested by the Audit/Finance Committee are being recorded in an action item matrix that has
also been provided to you.
July 18 has been identified on the budget calendar as a date available for the City Council to
discuss any items as it relates to the Long Range Financial Forecast or the 2006-07 proposed
budget. I have not provided any additional back-up material from the Audit/Finance Committee,
as you should have received it already. If not, please let me know and I will see that you get a
copy.
Staff continues to work toward finalizing a 2006-07 proposed budget that will be submitted to
the City Council on July 31, 2006. I look forward to discussing the progress and answering any
questions that you may have on July 18.
FISCAL INFORMATION
The Long Range Financial Forecast is used to develop future budgets.
Respectfully submitted:
~." ~....'-"'"..-.~
I . .. -
:.' Lt '~ . _~ ~
. ,,~
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
Utility Administration
Howard Martin, Utilities 349-8232 ..
ICM:
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the Interim City Manager to execute a Professional Services Agreement for architectural or
engineering services by and between the City of Denton, Texas and Kimley-Horn and
Associates, Inc. for engineering services for approximately 7,800 linear feet of up to thirty-inch
water line along Roselawn Drive from Bonnie Brae to Bernard Street in Denton, Texas;
providing for the expenditure of funds in the amount of $144,500 therefor; and providing an
effective date. The Public Utilities Board recommends approval (6-0.)
BACKGROUND
The Roselawn Water Line project will extend up to a 30-inch line from the 20-inch water line in
Bernard Street south and west along Roselawn Drive to the 20-inch water line in Bonnie Brae.
Refer to Exhibit 1 for location of the project. This line will provide connection to the planned
Roselawn Elevated Storage Tank once sited and constructed and ultimately the North-South
Water Mains projects (series of lines extending from north Loop 288 down Bonnie Brae to
Roselawn). This project is slated for construction in the CIP in FY2007 and is important for the
extension of adequate water service to the southwest portion of the City in response to projected
growth in the area.
The proposed engineering fee of $144,500.00 for the professional services on this project
includes amounts for a preliminary investigation (records research, meetings with staff and a site
visit), survey, geotechnical investigation, cathodic protection system recommendations,
temporary construction easements preparation, preliminary and detailed design phases, bid phase
assistance and limited construction services support. Fee components calculated in support of
this fee included $71,500.00 for basic services, $62,000.00 for special services (survey,
geotechnical, cathodic protection, easements and staking) and $11,000.00 for expenses.
The consultant projects a preliminary opinion of probable construction cost for the project at
approximately $1,653,000. Basic services represent approximately 4.33% of the projected
construction cost. The total contract amount represents approximately 8.74% of the projected
construction cost. Staff referenced two sources for comparison of fees based on a percentage of
construction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting
Engineers Council of Texas (CEC- T) curves of median compensation. From ASCE Manual No.
45, the design fee is projected at approximately 8% of the preliminary opinion of probable
construction cost. From CEC- T curve of median compensation "B", the design fee is projected
at approximately 5.8% of the preliminary opinion of probable construction cost. Staff also
looked at the possible number of plan sheets for the project (about 22) at a possible cost per sheet
of $3,500.00 to $4,000.00 (based on experience with the effort involved for a consultant to
produce design drawings), resulting in a cost of $77,000.00 to $88,000.00 for basic design
services versus the $71,500.00 proposed.
OPTIONS
1. Approve the Professional Services Agreement.
2. Reject the Professional Services Agreement.
RECOMMENDATION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and Kimley-Horn and Associates, Inc. in the amount of $144,500.00 for Engineering Services
for the Roselawn Water Line project. The amount of the contract is consistent with the level of
effort required for a project of this nature.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
This item was presented to the Public Utilities Board at their June 29th, 2006, regular meeting.
The Public Utilities Board recommends approval 6-0.
FISCAL INFORMATION
A total of $117,000.00 was included in the Capital Improvement Program for the engineering
design of the Roselawn Water Line in FY2006 along with a projected amount for construction of
$1,031,000.00. Construction costs were inflated in the CIP for FY2007 to $2,029,785.00 in light
of recent bidding experience and inflated costs associated with the hurricanes and rising fuel
costs from last year. Refer to Exhibit 2 for CIP detail sheets. Although the FY2007 budget
includes only funds for construction, the total funding available for this project exceeds projected
expenditures.
BID INFORMATION
Not applicable.
EXHIBITS
1. Location Map
2. CIP Detail Sheet
3. Ordinance
4. Professional Services Agreement
5. PUB Minutes
R~esp~ctfullY~SU?mitted'
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Director of Water/Wastewater Utilities
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Frank G. Payne, P.E.
City Engineer
ROSELAWN WATER LINE
EXHIBIT 1
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City of Den ton
2006 - 2010 Capital Improvements Project
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Project Title: Denia Water Main at Roselawn
Description: This project consists of 30n and 24" waterline and will serve as a main feeder from the Lake
Ray Roberts WTP for the western and southern parts of the city.
Business Unit: 630200 Water-Distribution
Project Type: Improved SelVice
Project Scope: Multi-Year Project
Category Code: 012 DIST SYSTEM UPGRADE
Utility Bonds
~~Ut:~~ijtff,mtm 1JMiH.~t jjtIll11@1~I~llI1M~fj@ijl~IJ~~f~t~J1jm~1~~1~ jj~~~~;$jpi;f ~~~~~;~;;;Ittl~I;~;;;j{;IM~A~f~nij;l~;ft@lt~j~~~~~~j~t~~~ ~jl\~j~~~~~jj~~~j~l~~~l~ltiij~iij~~Wt~~~~l~l~~~~l
2006 21 100 FINAL DESIGN 1365 Other $64,000.00
2006 2111 0 SURVEY FINAL DESIGN 1365 Other $53,000.00
2006 30100 ACQUlS1TION 1365 Other $135,000.00
2007 40100 CONSTRUCTION 1365 Other $1,0311000100
2007 47710 INSPECTION 1365 Other $27,000.00
Utility Bonds Total: $1,310,000.00
Project Total: I
$1,3101000.00 ,
Comments:
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Exhibit 2
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City olDenton
2007 - 2011 Capital Improvements Project
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Project Title: Denia Water Main at Roselawn
Description: This project consists of 30" and 24" waterline and will serve as a main feeder from the Lake
Ray Roberts WTP for the western and southern parts of the city.
Business Unit: 630200 Water-Distribution
Project Type: Improved Service
Project Scope: Multi-Year Project
Category Code: .012 DIST SYSTEM UPGRADE
Utility Bonds
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'. ,2007 401 00 CONSTRUCTJON 1365 Other $2,0291785.00
i~~~2bo7 4n1 0 INSPECTION 1365 Other $71 1000.00
Utility Bonds Total: $2,1 00,785.00
Project Total:1
$2,1001785.00 I
Comments:
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Wednesday, April 19, 2006
157
Page 16 0142
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND
ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR APPROXIMATELY 7,800
LINEAR FEET OF UP TO THIRTY-INCH WATER LINE ALONG ROSELAWN DRIVE
FROM BONNIE BRAE TO BERNARD STREET IN DENTON, TEXAS; PROVIDING
FOR THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $144,500 THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
engineering firm of Kimley-Horn and Associates, Inc. ("KH"), of Fort Worth, Texas, to
provide professional engineering services related to the approximately 7,800 linear feet of up
to thirty-inch water line, along Roselawn Drive from Bonnie Brae to Bernard Street in
Denton, Texas (hereafter "the Roselawn Project"); and
WHEREAS, city staff has reported to the City Council that there is a substantial need
for the above-referenced professional engineering services, and that limited city staff cannot
adequately perform the specialized services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a city may not select a
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and
reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the Interim City Manager is hereby authorized by the City Council
to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement")
with Kimley-Horn and Associates, Inc., Fort Worth, Texas, for professional engineering
services related to the Roselawn Project, for a professional fee of $144,500; in substantially
the form of the "Professional Services Agreement for Architect or Engineer" that is attached
hereto as Exhibit "A" and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of KH and the demonstrated ability
of KH to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
1
Exhibit 3
SECTION 4: 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:
EDWIN M. SNYDER, CITY ATTORNEY
By:
S: \Our Documents \Ordinances \06\Kimley - Horn- PSA - Roselawn Water L ine- Prof S vcs .doc
2
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day. of
, 20 , by and between the City. of Denton, Texas, a Texas
municipal corporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and Kimley-Homand
Associates, Inc., with its office at 801 Cherry Street, Unit 11, Suite 1025, Fort Worth,
Texas, 76102-6803, hereinafter called "Design Professional," acting herein, by and
through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto d,o
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor; The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation, (describe the
Project in the space below are in an attachment)
PROJECT DESCRIPTION
The Design Professional will provide professional services for approximately
7,800 linear feet of up to 30-inch water line along Roselawn Drive from Bonnie Brae to
Bernard Street. Design Professional shall provide engineering services as described in
the attached Design's Professional's Proposal which will include: the preparation of
easement acquisition documentation, bidding specifications, construction contract
documents, and record drawings. It is our understanding that the Owner is planning to
site an elevated storage tank along this route and that the site will be determined prior to
the completion of preliminary design.
Page 1
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Exhibit 4
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $144,500.
2.1.2 Progress payments for Basic Services shall be paid as stated in Section 8.3 of
the General Provisions.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services will be provided on a labor fee plus
expense basis. Labor fee will be billed according to the rate schedule in Attachment C.
Direct reimbursable expenses such as express delivery services, fees, air travel, and other
direct expenses will be billed at 1.10 times cost. An amount will be added to each invoice to
cover certain other expenses such as in-house duplicating, local mileage, telephone calls,
facsimiles, postage, and word processing. Administrative time related to the project may be
billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will
be billed at $25.00 per hour. All permitting, application, and similar project fees will be
paid directly by the Owner.
Page 2
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Revised 6..05-06
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereofby reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement' for Architectural or
Engineering Services.
2. The Design Professional's Proposal
3. Attachments A through C.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
HOWARD MARTIN
INTERIM CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ED SNYDER, CITY ATTORNEY
BY:
KIMLEY-HORN AND ASSOCIATES, INC.
BY: ~ #' ----7---------
Glenn A. Gary
Senior Vice President
Page 3
P :\000008.024 \DENTON\Roselawn WL \scope \Design Professional Agreement_roselawn. doc
Revised 6-05-06
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEl\lENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineers services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) perfonned by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perfonn all Services as an independent contractor to the prevailing professional SlJII1dards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, infonned judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the perfonnance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project-
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2_6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHE1\1ATJC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components_ The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPl\'IENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjusttnents authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations- Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfiH the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUl\1ENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the O\\ner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement infonnation, bidding or procurement fonns, the
Conditions of the contract, and the fonn of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the O\~ner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONST1JCTION CONTRACT PROCUREl\'1ENT
2.5.1 The Design Professional, following the O\~ner's approval of the Construction Documents and of the latest prel iminary detailed estimate of Construction Cost,
shall assist the O\\TIcr in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
Page I of 8
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limitation, the competitive sealed bidding process_ Although the O\\l1er will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Ovmer,
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the O\\l1er to reduce or modi!)' the quantity or qual ity of the work SO that the total construction cost of the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs,
2.6 CONSTRUCTION PHASE ~ A Dl\lIN 1 STRA TJON OF TilE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and tenninates at the issuance to the O\\ner of the final Certificate for Paymen~ unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contrnct for Construction as set forth below_ For design professionalss the administrntion
shall also be in accordance with AlA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement For engineers the administrntion shalI also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Govemments, cmrent as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without \winen
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (l) during construction, and (2) at the O\V11ers direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless othenvise modified by written instrument
2.6.5 The Design Professional shaH observe the construction site at least one time a week, while cons1ruclion is in progress, and as reasonably necessaI)' while
construction is not in progress, to become familiar with the progress and quality of the \vork completed and to determine jf the work is being perfonned in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a 'Mitten report subsequent to
each on-site visit. On the basis of on~site observations the Design Professional shall keep the Owner infonned of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in perfonning all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner_ The Owner's approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
O\\'Jlcr's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shaH not be responsible for construction means, methods, techniques. sequences or
procedures, or for safety precautions and programs in connection with the work_ The Design Professional shall not be responsible for the Contractor's schedules or
failure to cany out the work in accordance with the Contrnct Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions_ The Design Professional shall not have control over or charge of acts or omissions of the Contrnctor, SubcontrnclOrs, or their agents or employees, or of any
other persons perfonning ponions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may othenvise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.]0 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2_65 and on the data comprising the Contrnctor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents- The foregoing representations are subject to minor deviations from the Contrnct Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional- The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified_ However, the issuance of a Certificate for Payment shall not be a representation that
. the Design Professional has (I) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.]] The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contrnct Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed- However, neither this authority of the Design Professionalnor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contrnctor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
perfonning portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contrnctor's submittals such as Shop Drawings, Product Data and
Samples for the pUlpose of (I) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review_ Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other detailS such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures- The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional certification of performance characteristics
Page 2 of8
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of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the perf ommnce criteria required by the Contract Documents,
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3_ U and 333, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents,
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion- The Design Professional will receive and review written guarantees and related
documents required by the Contrnct for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shaH interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon_
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably infernble from the Contract Documents and shall
be in writing or in the fonn of drnwings_ When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful perfonnance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence,
2.6.17 The Design Professional shall render \\'fitten decisions within a reasonable time on all claims, disputes or other matters in question between the O\\'1ler and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shaH render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.]9 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
_ Owner as provided in the Agreement, in addition to the compensation for Basic Services_ The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confinned in vvriling by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed- If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services- Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2,6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities,
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget~
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives-
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Pro"iding services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of perfonnance
of either the O\vner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work,
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto,
3.3.8 Providing services in addition to those required by Anicle 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence afthe Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies,
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites,
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other infonnation furnished by the Owner,
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's O\\'ll forces and coordination of services required in connection with
construction perfonned and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities,
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2,6.4, after issuance to the O\\'ller of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services,
3.4.16 Providing any other services not otherwise included in this Agreement or not cust~marily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2,6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contraty, an services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shaH be perfonned by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, induding (l) the Owners objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project. induding the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement,
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4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project. The Owner or such authorized representative shaH
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services,
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site, The surveys and legal infonnation shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site~ locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees~ and infonnation concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the infonnation on the survey shall be referenced to a project benchmark,
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers \vhen such services are requested by the Design Professional. Such services may
include but are not) imited to test borings, test pits, detenninations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corros ion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations,
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shaH furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance cmlllseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractorts Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, infonnation, surveys and reports required by Owner under Sections 4.5 through 4,8 shall be furnished at the Owners expense, and the Design
Professional shaH be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.1 J Design Professional shaH propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the O\Vl1er for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUcnON COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractors methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not Val)'
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 ]f the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the O\\-ner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 O\VNERSHIP AND USE OF DOCm1ENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon tennination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and O\Vl1er's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Ov.;ner uses any of the infonnation or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
Page 5 of 8
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6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights,
ARTICLE 7 TERt\1lNA TION, SUSPENSION OR ABANDONl\-IENT
7.1 The Design Professional may tenninate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perfonn in accordance with the
tenns of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All \vork and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Ovmer for all work it satisfactorily perfonned prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field sUIveys, and other data related to the Project shall become property of the O\\11er upon termination of the
Agreement and shall be promptly delivered to the O\vner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing infonnation.
7.2 If the Project is suspended by the Ovvner for more than 30 consecutive days, the Design Professional shaH be compensated for services satisfactorily performed prior to
notice of such suspension., When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services,
73 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the O\Vt1er for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving \\!finen
notice,
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shaH be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days \\!fitten notice to the Owner, suspend performance of services under the Agreement
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PA YI\IENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave~ holidays~
vacations, pensions and similar contributions and benefits. \
8.2 REI1\1BURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses,
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications~
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 Ifauthorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer.aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 P A Yl\1ENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services perfonned within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work_
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constrUcted, compensation for
those portions of the Project shall be payable to the extent services are perfonned on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 P A Yl\-1ENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional. Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the O\\'l1er of the Design Professional's statement of services rendered or expenses incurred.
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8.5 P A Y1\1ENTS \Vm-IIIELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to O\vner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and seIVices performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment., or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable anomey fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense ofgovemmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodiJy injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELlANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or causeof action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement_ The Design Professional shall not assign its
interests in the Agreement without the Mitten consent of the O\\'11er.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to hannonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1 . The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Profess ion al.
11.5 Upon receipt of prior written approval ofO\\>11er, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information jf the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
Page 7 of 8
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] 1.6 Approval by the OV.lneT shall not constitute~ nor be deemed a release of the responsibility and liability of the Design Professlonal, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work~ nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants-
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless othcnvise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing,
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable- In such event, the parties shall reform the Agreement to replace such
stricken provision wlth a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may no\V read or hereinafter be amended during the term of this Agreement.
11_10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
] 1.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
Page 8 of 8
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Revised 5-30-02
ATTACHMENT A
AMMENDMENT TO GENERAL PROVISIONS
Replace the language in 2.5.2 of the General Provisions with the following:
2.5.2 The Owner agrees that the Design Professional has no control overbids received
from Contractors. In the event that bids exceed, the budget, the opinion of probable
construction cost and the Owner dictates that the project shall be modified and rebid.
Those services are not in~luded in this contract and shall be considered additional
servIces.
Schedule
A proposed schedule is provided in Attachment B. In the event that the schedule is
delayed beyond control of the Design Professional, the schedule shall be equitably
adjusted to the agreement of both parties.
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ATTACHMENT C
Kimley-Horn and Associates, Inc.
Company Wide Rates
(Hourly Rate)
Senior Professional II
Senior Professional
Professional
Designer
Technical Support
Clerical/Administrative Support
$155 - $190
$125 - $165
$65 - $110
$1 00 - $115
$55 - $95
$55 - $75
Effective January 1, 2006
P:\000008. 024 \DENTON\Roselawn WL \scope\att_ c _rate _schedule. doc
Design Professional's Proposal
SCHEMATIC DESIGN PHASE
1) Preliminary Investigation
a) Data Collection and Record Research
i) Gather existing survey and topographic data.
ii) Gather existing aerial photographs.
Hi) Gather existing water, sanitary sewer and storm sewer record
drawings.
iv) Gather existing paving plans.
v) Gather existing development plans.
vi) Gather existing plat information.
vii) Collect property owner and record information.
viii)Gather existing right-of-way and easement information.
ix) Gather existing franchise utility record information.
x) Organize record information into project database.
b) Site Investigation
i) Walk Owner proposed alignment.
ii) Document alignment corridor with photographs.
iii) Identify potential alignment, conflicts and issues.
c) Data Review with- Owner's staff
i) Meet with Owner's staff to review accuracy of record information.
ii) Interview Owner's staff concerning historical, existing and future
conditions along the alignment.
2) Design Survey
a) Utility and Property Owner Coordination
i) Coordinate with DIG TESS and City of Denton to locate and mark
existing franchise and public utilities prior to performing the field
survey.
ii) The Owner shall arrange and make all provisions for access to perform
the services specified within this scope. The surveyor shall provide the
Owner with the name and address of the property owners.
b) Design Survey
i) The limits of the survey shall be a 60 foot wide alignment generally
running adjacent to Roselawn Drive.
ii) Establish six (6) horizontal control points based on the City of Denton
Coordinate System using ~-inch rebar with identifiable plastic cap,
specific for this project.
iii) Establish a vertical control benchmark circuit tied to the City of Denton
benchmark system, specific for this project.
iv) Perform a field survey to identify and locate existing topographic
elements within the alignment corridor including, but not limited to, the
following:
Page 1
P: \000008.024 \DENTON\Rose1 awn WL \scope\fina1_scope.doc
(1) Property pins
(2) Existing pavement, curbs, sidewalks, barrier free ramps, etc.
(3) Lane striping
(4) Driveways
(5) Existing storm sewer inlets, manholes, junction boxes, outfalls, and
erosion control
(6) Culverts and bridges
(7) Guardrail
(8) Utility manholes, vaults, water valves, water meters, sprinkler
heads, telephone poles, power poles, utility markers, other public
utilities, and franchise utilities
(9) Traffic signal poles, cabinets, and other signal equipment
(10) Signs (excluding temporary signs)
(11) Trees, 6-inch caliper and up
(12) Buildings
(13) Retaining walls
(14) Fence limits and material types
(15) Other applicable physical features that could impact design:
(a) Field ties to the existing edge of pavement on Roselawn Drive
will be collected.
(b) Field sketches of utility manholes and structures.
(c) Prepare a final topographic drawing in digital format (including
one foot contours and breaklines) showing the features located
in the field as well as right-of-way strip map information, an
ASCII coordinate file of the points located in the field, and a
hard copy of the coordinates and feature descriptions.
3) Geotechnical
a) Perform a geotechnical analysis of the site utilizing a qualified
geotechnical laboratory to determine subsurface conditions and make
recommendations regarding design parameters. The geotechnical
analysis shall include the following:
i) Subsurface exploration including five (5) sample bores at
approximately fifteen (15) feet depths.
ii) Laboratory tests for classification purposes and strength characteristics
iii) Engineering services that address soil and groundwater conditions as
well as recommendations for earthwork.
b) A geotechnical report will be furnished by the geotechnical engineer to
present the results of the field and laboratory data as well as analyses and
recommendations. Three (3) copies of the report will be provided by the
geotechnical engineer, with one (1) copy going to the Owner. The data
contained in the geotechnical report will be made available to contractors
during the bidding process for information purposes.
Page 2
P: \000008.024 \DENTON\Roselawn WL \scope\final_scope.doc
4) Cathodic Protection System
a) Document Review and Project Manage.ment
This task consists of aU the preparatory work required for the task. The
specific elements are as follows:
i) The Design Professional will review the water IineaJignment with
respect to crossings of foreign pipelines and paralleling utility systems.
Existing cathodic protection systems and locations of foreign line test
stations wiU be identified. Foreign pipeline crossings will be considered.
ii) The Design Professional will evaluate the water line alignment for
possible induced AC interference and the need for protection under
fault conditions.
b) Cathodic Protection Field Survey
i) The Design Professional will obtain soil resistivity measurements at
intervals not to exceed 1,OOO-feetusing ASTM G-57-95. The
measurements will be taken to depths< of 5.10tand15--feet.
ii) The Design Ptofessionalwill test soil samples for moisture.content,pH,
chloride ion and conductivity. Water sampleswiU be similarly tested
with the addition of su1fate ions~
iii) The Design Professional will create dimensional field sketches of
possible locations for cathodic protection anodes. Locations of
secondary AC service and sites for the installation of power supplies
will be noted.
c) Data Analysis and Lab Work
i) The Design Professional will evaluate soil resistivity test data including
the use of Barnes Layer techniques for determining resistivities of the
soil layer where the proposed water line is to be installed.
ii) The Design Professional will test soil samples in the laboratory for
moisture content, pH, chloride ion concentration, sulfide ion
concentration and conductivity. Water samples will be similarly tested,
with the exception of lTloisturecontent.Sulfate ion concentrations will
be determined for water samples as welt
iii) The Design Professional will tabulate and analyze AC and DC
interference test data using computer models.
iv) The Design Professional will compile data and analyze the conditions
for galvanic and electrolytic corrosion along the proposed ,pipeline
route will be performed.
d) Corrosion protection Design
Following the analysis of the electrical data and the soil test results,
corrosion protection and ACIDC interference mitigation requirements will
be defined for 2 pipe types (bar wrapped concrete pressure pipe and
ductile iron pipe) for the proposed waterline. Design criteria will include
minimizing the impact of the severe soil stresses in the area and a
preference for sacrificial anode versus impressed current cathodic
protection. Specific design deliverables will include:
i) Prepare recommendations for protective coatings based upon AWWA
standards for the proposed water nne~
I)age 3
P:\OO0008,024\D1Tf\rrON\RoSeluwn \VL\~cQpe\final._secpe,doc
ii) Prepare a report that documents test data, analysis and an opinion of
probable construction cost for cathodic protection and interference
control systems, plans and specifications.
5) Temporary Easement Instruments of Conveyance Preparation
a) Prepare temporary easement instruments (narrative and graphic exhibits
as required for proposed water line along Roselawn Drive).
i) Up to twelve (12) instruments are anticipated
b) Individual parcel exhibits shall be on 8 %"x11" paper, shall be sealed,
dated, and signed by a Registered Professional Land Surveyor (three (3)
originals of each, Owner to provide standard language), shall conform to
standard format provided by the Owner and shall contain the following at a
minimum:
i) Parcel number
ii) Area required
iii) Area remaining
iv) Legal description
v) Current owner
vi) Any existing platted easements or easements filed by separate
instrument including easements provided by utility companies
vii) All physical features
viii)Metes and bounds description of temporary easements to be acquired
The description shall be provided on a separate sheet from the exhibit.
Each type of easement shall be described separately
ix) The Owner will be responsible for preparing the legal instruments.
6) Easement Acquisition
a) The Owner will perform easement acquisition.
7) Preliminary Design
a) Project Management
i) Develop project communication plan.
(1) Develop project contact list.
(2) Conduct progress meetings to monitor the development of the
project. During this phase of the project, conduct up to:
(a) Two (2) meetings with the Owner regarding project status and
coordination issues
(3) Prepare and e-mail progress reports to the project team twice a
month (Owner and Design Professional Staff).
ii) Document design criteria (coordinate with the Owner's staff)
iii) Project Administration
(1) Prepare project correspondence and invoicing documents.
b) Field verification of survey and base map
c) Preliminary water line layout approval
i) Prepare horizontal layout of water line on base map.
ii) Prepare cross sections at key locations for clarity.
Page 4
P: \000008.024 \D ENTON\Roselawn WL \scope\final_ scope.doc
iii) Identify horizontal and vertical clearances and conflicts.
iv) Identify temporary easement requirements.
v) Identify locations for additional subsurface utility investigations.
vi) Identify permitting requirements.
vii) Meet with the Owner's staff for review and consensus on the
preliminary layout.
d) Preliminary Water Line Plan/Profile Preparation
i) Prepare (22"x34") Plan/Profile sheets at a 1 "=40' horizontal and 1 "=4'
vertical scale.
ii) Plan view of the base map shall have all above ground features shown
and clearly labeled along with existing utilities based on field ties and
record information.
iii) Plan view shall include design notes for stationing, connections, tees,
fire hydrants, valves, and horizontal bends.
iv) Profile shall include design notes for stationing, size, slope, top of pipe,
pipe material, embedment, length and construction method.
v) Prepare preliminary water line design details, including a cathodic
protection system.
vi) Site verification of preliminary design.
e) Franchise Utility Coordination
i) Send one set of plans to each franchise utility for their review. Request
each franchise utility to mark up the plans to show the size, type, and
location of their utilities.
ii) Coordinate with the franchise utilities if any relocations are required.
Notify the Owner if any relocations will be required.
f) Prepare preliminary general notes and details.
g) Prepare preliminary special technical specifications.
h) Compile and prepare an updated opinion of probable construction cost for
the entire project using recent average unit bid prices which are
representative of similar types of construction in the local area.
i) Deliverables - Preliminary design submittal (600/0)
i) Submit four (4) copies to the Owner for review and comment.
ii) Submittal shall include the fenewing:
(1) Preliminary design plans (22"x34")
(2) Preliminary technical specification
(3) Opinion of probable construction cost
iii) Address Owner comments and submit four (4) final (11"x17")
preliminary plan sets.
j) Meetings
i) Attend one (1) meeting with the Owner's staff to kick-off preliminary
design.
ii) Attend one (1) meeting with the Owner's staff to present and review
the draft preliminary plan.
Page 5
P:\OO0008. 024\DENTON\Rosela wn WL \scope\final_scope.doc
DESIGN AND DEVELOPMENT PHASE
8) Final Design
a) Incorporate the preliminary design submittal review comments (one (1)
round of comments anticipated in proposed effort).
b) Prepare updated opinion of probable construction cost.
c) Incorporate franchise utility investigation information.
d) Deliverables:
i) Final design submittal (950/0)
ii) Submit four (4) copies to the Owner for review and comment.
iii) Submittal shall include the following:
(1) Final design plans
(2) Technical specifications
(3) Opinion of probable construction cost
iv) Submit final plans to the following regulatory agency for review: Texas
Commission on Environmental Quality (TCEQ) and the Texas
Historical Commision.
e) Meetings
i) Meeting with Owner to review 950/0 Plans.
9) Railroad Permit
a) Prepare the Railroad application and associated drawings related to a
required permit for crossing the Kansas City Southern Railroad.
b) Submit the application to the Owner for processing.
c) Owner shall pay all fees associated with the railroad permit.
CONSTRUCTION DOCUMENTS PHASE
10)Bid Specifications and Construction Contract Documents
a) Based on comments from the Owner, prepare final bid specifications,
construction contract documents, bid plans, and opinion of probable
construction cost.
BIDDING PHASE AND CONSTRUCTION CONTRACT EXECUTION
11)Bidding Phase Services
a) Make available for bidding, upon request by the Owner, one (1)
reproducible set of final approved and dated plans and specifications and
contract documents for bid of the project to the Owner for reproduction
and distribution to potential bidders.
b) Provide assistance to the Owner during bidding by preparation and
delivery of addenda to plan holders and responses to questions submitted
by plan holders.
c) Attend a scheduled pre-bid conference.
d) Attend bid opening.
e) Review bids for completeness and accuracy.
Page 6
P: \000008. 024\DENTON\Roselawn WL \scope\fi nal_scope.doc
f) Develop bid tabulation spreadsheet and provide the Owner four (4) hard
copies and in electronic format along with award recommendation.
g) Conformance plans and specifications:
i) Based on potential questions and addenda from the bidding phase,
prepare conformance set of plans and specifications to be used during
construction.
(1) Provide six (6) sets to the Owner for execution.
CONSTRUCTION PHASE
12)Construction Phase Services
a) Pre-Construction Conference
i) Design Professional will attend a Pre-Construction Conference prior to
commencement of Work at the Site.
b) Control Staking
i) Using information provided with the design surveys, provide the
selected contractor with the necessary on-site survey control data to
facilitate the Contractor's efforts to provide construction staking for the
project.
13)Record Drawings
a) Obtain and review comments and field changes on the construction plans
from Owner and/or Contractor.
b) Prepare record drawings based on comments and field changes. Since
the Design Professional will not be providing resident engineering services
and not observing on a full time basis, the Design Professional will not
seal the record drawings. The record drawings will be provided in the
following format:
(1) Myla~ Hardcopy (1) copy
(2) PDF '(1) electronic copy
Additional Services
Services not specifically identified in the Scope of Services above shall be
considered additional and shall be performed on an individual basis upon
authorization by the Owner. Such services shall include, but are not limited to,
the following:
. Traffic Control Plan
. SWPPP Plan
. Cathodic Protection System Design
. Traffic signal design
. Soils and/or material testing
. Sidewalk design
. Design of any offsite drainage improvements beyond the improvements
identified in the scope
. Preparation for and attendance at public meetings
Page 7
P:\000008. 024 \DENTON\Roselawn WL \scope\fi nal_scope. doc
. Furnish additional copies of review documents and/or bid documents in
excess of the number of the same identified above.
. Assist the Owner as an expert witness in litigation in connection with the
project or in hearings before approving and regulatory agencies.
. Redesign to reflect project scope changes requested by the Owner,
required to address changed conditions or change in direction previously
approved by the Owner, mandated by changing governmental laws, or
necessitated by the Owner's acceptance of substitutions proposed by the
contractor.
. Easement acquisition services beyond that in the scope:
· Appraisals
. Contacting property owners
· Condemnation support
· Offer letters
. Submittal to Texas Department of Licensing and Registration (TDLR) for
ADA requirements.
. Construction staking
. Landscape /Irrigation Design
. Retaining wall design
. "Value engineering'" after bidding
. Traffic studies or reports
. SWPPP inspections / coordination
. Any services not listed in the Scope of Services
Page 8
P:\OO0008.024\DENTON\Roselawn WL\scope\final_scope.doc
Budget Detail
The following detail outlines the budget for each task in the above Scope of
Services. Compensation for the project is detailed in Section 2 of the
Professional Services Agreement and General Conditions Section 8.3.
TASK BUDGET
1) Preliminary Investigation $3,800
2) Design Survey $27,600
3) Geotechnical $6,400
4) Cathodic Protection System $9,700
5) Temporary Easement Instruments of $21,100
Conveyance Preparation
6) Easement Acquisition (Owner) N/A
7) Preliminary Design $29,500
8) Final Design $24,300
9) Railroad Permit $2,600
10) Bid Specifications and Construction $5,100
Contract .Documents
11) Bidding Phase Services $5,300
12) Construction Phase Services $6,100
13) Record Drawings $3,000
Total $144,500
Page 9
P:\OO0008 .024 \DENTON\Roselawn WL \scope\final_scope.doc
1 AGENDA
2 PUBLIC UTILITIES BOARD
3 June 29, 2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Presiding Officer will convene an Open Meeting on Thursday, June 29, 2006, at 9:00
7 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street,
8 Denton, Texas to consider the specific agenda items listed below under the Open Meeting
9 section of this agenda:
10
11 Present: Chair Newell, George Hopkins, Dick Smith, Bill Cheek, John Baines and Phil Gallivan
12
13 Absent: Bob Bland, excused
14
15 Ex Officio Member:
16 Howard Martin, Interim City Manager
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21 The Public Utilities Board has received background information, staff's recommendations, and
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 1) Consider recommending adoption of an ordinance authorizing the expenditure of funds for
25 payments by the City of Denton for electrical energy transmission fees to those cities and
26 utilities providing energy transmission services to the City of Denton; (File 3538-2006
27 Electrical Energy Transmission Fees in the total amount of$124,600).
28
29 2) Consider recommending approval of a Professional Services Agreement for Architect or
30 Engineer between the City of Denton and Kimley-Horn and Associates, Inc., in the amount
31 of $144,500 for Engineering Services associated with the Roselawn Water Line project.
32
33 3) Consider recommending approval of Bid #3520 for Wainwright PEC-4 Channel Temporary
34 Shoring to Craig Olden, Incorporated, in the amount of$33,616.
35
36 Board Member George Hopkins moved to approve with a second from Board Member
37 John Baines. The motion was approved by a vote of 6-0.
Exhibit 5
CITY OF DENTON CITY COUNCIL MINUTES
June 5, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Monday, June 5, 2006 at 11 :30 a.m. in the Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding the
draft business master plan for the proposed Public Safety Training Facility.
Tommy Abercrombie, consultant on the project, presented the draft business master plan. He
reviewed the mission statement of the Center. Objectives of the Center were to provide state-of-
the-art training to 100% of the City of Denton Fire and Police personnel that not only met
regulatory requirements, but also exceeded them by providing training that was beneficial to
improving the safety of the citizens and employees of Denton. It would also become a source of
quality training for surrounding communities and local private agencies thus improving multi-
agency/multi -jurisdictional capabilities.
Council Member Mulroy objected to the statement in the Executive Summary indicating "the
most important consideration has little to do with economics." He felt this discussion would
center on the funding and cost of the facility. There was no information on the original regional
scope of the program.
Abercrombie stated that his presentation would detail why the project grew in dollar amount.
Mayor McNeill stated that there would be internal/external training programs with transferability
of credits to other institutions. He felt it was not clear on how the budget went from $8 million
to $16 million and how much would be received from outside courses. The first objective was to
train City of Denton personnel, then outside individuals. He asked about the visualization
concept with the coordination with NCTC. Would the City contract with NCTC to perform the
training operations?
Abercrombie showed a chart detailing the concept of a joint public safety training facility with a
joint advisory committee offering a police and fire academy and continuing education unit
opportunities.
Lee Ann Nutt, NCTC, stated that the college had the opportunity to assist with continuing
education units and to help coordinate the cost of the programs for participants.
Abercrombie stated that the market alone would not sustain the cost of the training.
Council Member Mulroy stated that the facility was not meant to be a positive cash flow but to
produce a state-of-the-art facility; there must be a larger base than just the City of Denton
personnel.
Mayor McNeill asked if training personnel would be kept in both organizations or would NCTC
do all of the training.
City of Denton City Council Minutes
June 5, 2006
Page 2
Chadwick stated that city personnel would continue to provide training. The day-to-day training
would be done with in-house staff. There would be two parallel programs going on at the same
time.
Council Member Thomson asked about the advantage to partner with DISD and UNT with an
academy for police recruits.
Nutt replied that participants could transition from the DISD Technology Center to NCTC and
associated academies. It was a natural progression for participants.
Mayor McNeill felt that the course pricing was delayed too long.
Abercrombie stated that the Phase I development costs included the classroom building, the live
fire building with gas simulation, the firing range and tactical shoot house, and emergency
driving track for a total cost of $16 million. He stated that the business plan was dependant on
whether additional funding was available or whether the plan would remain within the $8
million.
Council Member Mulroy stated that direction could not be given unless there was a menu for a
proforma for choices.
Mayor McNeill stated that there was a need for a long-range plan for first class facility. It was
not clear what was being started with, what would be added next, and what was first. A
minimum would be the police and fire academies. What could be done with the $8.2 million
approved by the voters?
Council Member McElroy suggested establishing a business plan to determine if it would be
compatible with the cost of the facility.
Council Member Montgomery asked if the program could be done in increments rather than all
at once.
Mayor McNeill felt that the finances had not been appropriately addressed.
Consensus of the Council was to go back and rework the business plan with details on numbers.
Obtain details on costs of exactly what was being proposed. Bring back what the original bond
program was presented to citizens. The operating costs should be included and suggestions on
how to make up the projected $8 million shortfall.
Mayor Pro Tern Kamp stated that she was not in favor of reducing anything in the building.
Mayor McNeill questioned what was needed for a contract from the college perspective.
Nutt stated that a better understanding on exactly how many people from the outside agencies
would be trained and whether the college would be paying rent to be in the facility or because of
the college's contract funding hours, the cost would be a wash.
City of Denton City Council Minutes
June 5, 2006
Page 3
2. The Council received a report and discussed the City of Denton's emergency
management program and planning process.
Mike Penaluna, Emergency Management Program Manager, presented the program update. He
reviewed the structure on the federal, state and local levels and the incident organization
structure. Types of disasters included flooding, drought, Avian Flu, hurricanes, technological
disasters such as chemical spills, domestic violence, and tornados. He indicated that detailed
emergency planning was in place for the City. A new program, the National Incident
Management System, was in place. This system was a nationwide approach to disaster
management utilizing Incident Command Systems. This was an unfunded mandate tied to cities
receiving federal grant funds. It included a detailed local notification system that included
partnerships with KNTU, DTV, Charter Cable, the City website, warning sirens, weather radio,
cityWatch, and the emergency alert system. The City participated in a wide range of training and
drills in conjunction with emergency preparedness.
With no further business, the meeting was adjourned at 1 :30 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 6, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 6, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report, discussed strategy, and gave direction for the recruitment
and selection of the City Manager position as recommended by Ron Holifield, Owner and CEO
of Strategic Government Resources, Inc. The Council reserved the right to convene into closed
session under Section 551.074 of the Texas Government Code to deliberate the employment and
evaluation of a future City Manager.
Ron Holifield, Strategic Government Resources, Inc., stated that he had submitted a proposal to
the City and rather than a traditional proposal, part of the services would be done in-house in
Human Resources and only portions of the process would be contracted out. He would make
contact in person, by phone and email with a variety of individuals around the nation who might
be viable prospects or who was a key opinion leader for a viable prospect. In addition,
advertising and the publication of a brochure would elicit a lot of inquiries. The City should
receive a solid field of high quality candidates. The initial focus will be in Texas.
2. The Council received a report, held a discussion and gave staff direction regarding credit
card business practices.
Diana Ortiz, Chief Financial Officer, stated that at a previous meeting, staff was directed to
review credit card acceptance procedures. As the volume of usage increased, the cost and
benefits of the program required re-evaluation. Initial benefits of credit card acceptance were
improved customer service, accelerated payments and availability of funds. Credit card usage
had increased drastically over the past few years. The fees absorbed for accepting credit cards
for fiscal year 2006 were estimated at $466,473, which was a 30% increase over the past year.
Projected fees were $577,920, which was a 24% increase over 2006. Staff recommendation due
to the continued escalation of costs associated with accepting credit card payments was to
discontinue absorbing credit card fees where feasible. This included discontinuing face-to-face
credit card acceptance and utilize a third party vendor as part of the banking contract.
Additionally, retain the flexibility to adjust the process according to the business impact such as
the Parks Department. This would be a change in business practice for the City. Internet
transactions would be transferred to a third party vendor. Non face-to-face transactions would be
a negative to the Parks Department and probably would continue with face-to-face transactions.
Council discussion-
. Would there be an alternate method of payment - Ortiz stated that a computer terminal would
be provided for payment with a credit card.
. What was the gross amount of fees the City would not have to absorb with this proposal -
Ortiz replied approximately $~ million per year. A third party with no face-to-face usage
would handle the third party fee. That could be done with a kiosk.
City of Denton City Council Minutes
June 6, 2006
Page 2
. Some business centers would still want to do the face-to-face transactions with a fee
adjustment to offset the usage charge.
. An educational process was needed for citizens - PIO and Customer Service would help
market the program before implementation.
. When would the proposal be implemented - The program would be implemented on
September 1 if the programming were completed by that time for the internet site but it could
be delayed until October 1 with no budget impact.
Consensus of the Council was to proceed with the recommendation.
3. The Council received an update, held a discussion and gave staff direction concerning the
City Council Ad Hoc Denton Development Code Committee.
Interim City Manger Martin stated that the membership of the committee included Mayor
McNeill, Council Member Mulroy, Planning and Zoning Commissioner Strange and Planning
and Zoning Commissioner Thibodeux. The members met informally on May 12 to determine a
schedule for future meetings. The meeting schedule was set for 7:30 a.m. the first and third
Thursday of each month with June 15th being the first meeting. A joint meeting with Council
and the Commission would be delayed until the Code Committee had a chance to meet and
prepare topics of discussion.
4. The Council received a report, held a discussion, and gave staff direction regarding the
submission of a Section 108 Loan Guarantee Program application to the US Department of
Housing and Urban Development to provide supplemental funding for the City's Home
Improvement Loan Program.
Barbara Ross, Community Development Administrator, stated that the draft of the loan guarantee
program application had been included in the agenda materials. There was a steady reduction in
CDBG funds so staff was looking for different sources of funding. This was not a grant but
rather a loan program. The activities included in the program had to be CDBG eligible and the
City had to pledge something to repay the note. The proposal pledged the loan income from
CDBG and it was estimated that there would be sufficient funds to pay back the loan with
continuing CDBG allocations.
Council Discussion -
. What would the funds be used for - Ross replied that the funds would be used for the home
improvement program.
. What would the recipient of the loan have to do - Ross replied that a lien would be placed on
the property until the loan was repaid.
. What was the demand for this type of program - Ross replied that there always was a waiting
list for funding with 40 individuals currently on the waiting list.
Consensus of the Council was to proceed with the recommendation.
City of Denton City Council Minutes
June 6, 2006
Page 3
5. The Council received a report, held a discussion, and gave direction regarding the
Council Rules of Procedure and Council committees, including the creation of the position of
Deputy Mayor Pro Tern, providing that the Deputy Mayor Pro Tern be added as a member of the
Agenda Committee, providing for a Council Committee to review and make recommendations to
the Council regarding the structure and make-up of Council Committees, and any other matter
related to Council procedures and committees.
Mayor McNeill stated that he had several topics he would like to discuss with Council.
. Council office - Each Council Member would be given a key to the building and the Council
Office. In addition each would have a locked file drawer in the Council Office.
. Meetings in the Council Office - Schedule use of the council office with Linda Holley in
order to avoid double bookings for meetings.
. Charter provisions for mayor duties and council duties - The Charter indicated that the
mayoral duties included ceremonial duties, conducting the council meetings and declaring an
emergency if needed. Anything else required a consensus of the Council. The Charter
indicated that the Council was a policy board and not a management board. Council needed
to work through the chain of command. The City Manager had indicated that Council could
work through the director level but to be sure to copy the City Manager or Assistant City
Manager of the request.
. Travel for Council - As the Council now was a committee driven council, it made sense to
associate travel with related committees. He felt that not all Council needed to travel to a
particular function. First priority should be given to related committee members. The
challenge was cost as it was expensive for all members to go to all conferences.
Discussion on travel -
'Y It made sense to establish a priority list for travel based on committee driven priorities.
'Y Review the last three years of travel, looking at what was spent and what would be a fair
and reasonable return with what was budgeted to spend this year. Take a look at the
whole year and build a budget on what the Council could attend.
'Y There was good city exposure at national meetings but maybe not all Council needed to
attend every conference.
'Y It was important to be good stewards of city funds. There was a need to target who
would go to what meetings.
'Y The Council had been good stewards of the funding; don't give the impression it wasn't.
'Y If procedures were in place, the practices would continue through different councils.
'Y National meetings should be attended by all members of the Council as well as some
state meetings. Some council members were not on many committees. Meetings
detailing major issues would be good to attend and all Council should be able to attend
national meetings.
'Y Not all council have wanted to go to all of the meetings but there needed to be a policy
and procedure in place on attendance.
Mayor McNeill suggested that the budgeted funds be divided per Council Member and each
Council Member decide on how to spend his/her funds.
City of Denton City Council Minutes
June 6, 2006
Page 4
Mayor McNeill continued with his items:
. Staff presence for agenda items - Currently staff attended the Work Session to respond to
Council questions regarding the Consent Agenda and some remained for the regular
meeting. That was not efficient use of staff time.
Council discussed the fact that it should email questions ahead of time regarding the Consent
Agenda and appropriate staff would be available for questions. During the regular meeting, a
citizen may ask a question but it usually did not affect the vote. Staff did not need to stay for the
entire meeting. A citizen with a question would be answered later with either a memo or by
contacting the appropriate staff person the following day.
. Asking staff to come to the podium while a citizen was at the podium asking questions. The
problem was that the citizen and staff member tended to get into a debate at the podium,
which placed the staff person in an awkward position.
Council discussed solutions that included having the staff member address the issue after the
citizen had left the podium or working with the citizen either after the meeting or the next day.
The Mayor could also ask the citizen to take a seat while the staff person responded.
. Citizens speaking at public hearings - The Mayor would announce the current speaker and
ask that the next speaker come sit at the front to be ready to speak rather than having wait for
the speaker to make his/her way to the front.
. Business retention and new business meetings - While the Mayor needed to go on these
visits, Mayor McNeill wanted to establish a policy to take a council member him to show the
business that it was more just the Mayor interested in the visit.
. Council committees - Mayor McNeill felt that the establishment of committees was an
effective mechanism for a more efficient council. He felt the committee structure utilized
the Council's time as efficient as possible. Membership on some committees was required
by statute such as requiring the Mayor to serve. He suggested appointing a committee to
review membership on the current council committees and balance membership on the
committee with the talents and interests of the council members. He would like to see
Council serve on at least three committees with a blend of internal and external committees.
Mayor McNeill appointed Jack Thomson and Joe Mulroy to a committee to look at the structure
of the council committees and report back on June 13th with recommendations on who should be
serving on what committees based on interest, talents, etc. They would work towards having
three members for each committee.
. Deputy Mayor Pro Tern - Mayor McNeill felt there was a need for a third person to help
review the agenda and attend official functions. If the Mayor, Mayor Pro Tern or Deputy
Mayor Pro Tern could not attend a function, then one of the other members would be asked
to attend. He requested that this process be formalized.
City of Denton City Council Minutes
June 6, 2006
Page 5
City Attorney Snyder stated that staff would prepare an ordinance for consideration at the June
20th meeting. The ordinance would amend the Council's rules of procedure to establish the
position of Deputy Mayor Pro Tern and add that position as a member of the Agenda Committee.
Council Member Mulroy suggested that during the months of June/July/August Council and staff
observe business casual with no ties for the meetings.
Council Member Thomson stated that he would appreciate not scheduling special meeting on the
off weeks, if at all possible.
Council agreed to try and avoid holding meeting on the 4th and 5th Tuesdays.
6. The Council received a report, held a discussion, and gave staff direction regarding
TMP A Coal Resolution.
Interim City Manager Martin stated that Union Pacific and Burlington Northern Santa Fe
Railroads were in the process of publishing non-negotiable rates for the transportation of coal.
Staff was requesting a resolution for TMP A to acquire a reasonable rail rate for coal
transportation services.
Mayor McNeill stated that the resolution would indicate opposition to a fixed rate and would
allow the Mayor to write letters in opposition to such.
Consensus of Council was to proceed with the resolution.
7. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for June 6, 2006.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5 :27 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consultation with the City's attorneys regarding legal issues, including defense
of pending litigation filed by mc 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 mc and White Cake Denton, LoP. 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 Minutes
June 6, 2006
Page 6
2. Consultation with the City's Attorneys, and receipt of legal advice,
regarding potential bargaining issues to be raised by management team
representatives during Meet and Confer negotiations with the International
Association of Fire Fighters Local 1291, pursuant to Texas Local
Government Code sec. 142.101, et seq., and with the Denton Police
Officers Association, pursuant to Texas Loc. Government Code 142.051,
et seq. A private caucus on these topics is specifically authorized by Tex.
Loc. Government Code SI42.113(b) and SI42.063(b), and public
discussion would otherwise conflict with the duties of the City's attorneys
to maintain confidential communications with the City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
The Closed Session ended at 6:28 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, June 6, 2006 at 6:30 p.m. in the
Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamations/awards for this meeting.
3. CONSENT AGENDA
Council Member McElroy requested that Item 0 be pulled for separate consideration.
Montgomery motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item O. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
Item 0 was considered.
Sharon Mays, Director of Denton Electric Utilities, presented background information on the
item.
McElroy motioned, Mulroy seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
A. R2006-0 19 - A resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
City of Denton City Council Minutes
June 6, 2006
Page 7
B. R2006-020 - A resolution of the City of Denton, Texas approving the 2007
Budget of the Denton Central Appraisal District; and providing an effective date.
C. Approved the minutes of:
April 18, 2006
May 1, 2006
May 2, 2006
May 11,2006
May 16, 2006
May 23,2006
D. 2006-151 - An ordinance of the City of Denton, Texas authorizing the Risk
Manager to execute a Release of Claims on behalf of the City of Denton, Texas
regarding a claim against Calvert Paving for damages caused to City of Denton
property; and providing an effective date.
E. 2006-152 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute an agreement for professional legal services with the law firm
of Booth, Ahrens & Werkenthin, P.C., a Texas Professional Corporation for
services pertaining to the protection of the City's important water interests, state
regulatory matters, and other related matters; authorizing the expenditure of funds
therefor; providing for retroactive approval of the agreement; and providing an
effective date. The Public Utilities Board recommended approval (5-0).
F. Approved a request for an exception to the Noise Ordinance for amplified sound
for a fundraising rodeo and musical concert to be held at the North Texas
Fairgrounds on June 17, 2006. The exception is specifically requested to extend
the hours from 10:00 p.m. to 12:00 a.m. for amplified sound.
G. Approved a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system at Fred Moore Park during
the Juneteenth Celebration on June 16,2006, from 6:00 p.m. until 11 :00 p.m. and
on Saturday, June 17th from 11 :00 a.m. until 12:00 p.m. The request is for an
exception to the hours of operation from 10:00 p.m. until 11 :00 p.m. on June 16th
and 12:00 p.m. on June 17tli.
H. Approved a request for two separate exceptions to the Noise Ordinance (Section
20-1, 4C 2E and 20-1,3) for the purpose of the Apollo Nights and Music Nights
on the following Sundays: June 18th, July 2nd, July 9th, July 16th, July 23rd, and
July 30th from 5:00 p.m. to 10:00 p.m. and for Monday, June 19th from 5:00 p.m.
- 11 :00 p.m. The events will be held in the Fred Moore Park. The requestor is
specifically asking for an exception to the noise ordinance to allow amplified
sound on Sundays and for Monday, June 19th for amplified sound for hours after
10:00 p.m.
I. 2006-153 - An ordinance approving a commercial operator airport lease
agreement between the City of Denton and Hangars Plus, LLC. on approximately
4,200 square feet of land at the Denton Municipal Airport and providing an
effective date. Airport Advisory Board recommended approval (6-0).
City of Denton City Council Minutes
June 6, 2006
Page 8
J. 2006-154 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Juneteenth Committee to support the 2006
Juneteenth celebration; providing for the expenditure of funds therefor; and
providing an effective date.
K. 2006-155 - An ordinance authorizing the City Manager to accept an Interlocal
Agreement with the City of McKinney, Texas to authorize participation in various
City of Denton contracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File
3509 - Interlocal Agreement with the City of McKinney, Texas).
L. 2006-156 - An ordinance accepting sealed proposals and awarding a contract for
high technology procurement of a digital color copier/network printer for the City
of Denton Reprographics Department; providing for the expenditure of funds
therefor and providing an effective date (RFP 3479 - Digital Color Copier
Network Printer awarded to IKON Office Solutions, Inc. in the amount of
$250,704 ).
M. 2006-157 - An ordinance of the City Council of the City of Denton designating a
depository for City funds for a term beginning July 1, 2006 and ending June 30,
2008, with three one-year extensions; authorizing the Mayor to execute a
Depository and Merchant Services Contract with Wachovia Bank, N.A. as the
primary Depository, authorizing the City Manager and other City employees to
transact business with the Depository; and providing for an effective date.
N. 2006-258 - An ordinance accepting competitive bids and awarding a contract for
the rental of a self containing above ground fuel tank for the City of Denton Street
Department; providing for the expenditure of funds therefor; and providing for an
effective date (Bid 3500 - Rental of Self Containing Above Ground Fuel Tank
awarded to lowest responsible bidder, Sun Coast Resources, Inc., in the estimated
amount of $250,000.
O. R2006-021 - A resolution of the City Council of the City of Denton, Texas
supporting the efforts of the Texas Municipal Power Agency, a joint powers
agency, to obtain competitive rail transportation rates for transportation of its
coal; providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding an Alternative Development Plan for a fire station. The site consisting of 2.85 acres
was located on the south side of Vintage Boulevard west of Bonnie Brae Road. The property is
located within a Neighborhood Residential Mixed Use (NRMU) zoning district. The purpose of
the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the
Development Code regarding parking in between the building and Vintage Boulevard. The
Planning and Zoning Commission recommended approval (6-0). (ADP06-0008, Fire Station #7)
City of Denton City Council Minutes
June 6, 2006
Page 9
Brian Lockley, Interim Director of Planning and Development, presented background
information on the item. He detailed the location of the proposed fire station. The alternative
development plan would deal with the parking between the building and Vintage Boulevard.
Mitigation for the alternative development plan would exceed what was required. Building
elevations were shown.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-159
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 2.85 ACRES OF
LAND GENERALLY LOCATED ON THE SOUTH SIDE OF VINTAGE
BOULEVARD 1,700 FEET WEST OF BONNIE BRAE ROAD, TO ALLOW A FIRE
STATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (ADP06-0008)
Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Heggins
"aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor McNeill "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to execute a Letter Agreement with TXU Electric Delivery
extending the settlement and offering additional terms of settlement between TXU Electric
Delivery and the Steering Committee of cities served by TXU Electric Delivery; and providing
an effective date.
City Attorney Snyder stated that TXU was offering to extend a settlement and provide additional
terms of settlement to communities they served. While the amount was small, there was no
down side on the settlement. In return for the settlement agreement, the City would agree not to
file a show cause case filing during this time period of settlement payments.
The following ordinance was considered:
NO. 2006-160
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A LETTER AGREEMENT WITH TXU ELECTRIC
DELIVERY EXTENDING THE SETTLEMENT AND OFFERING ADDITIONAL
TERMS OF SETTLEMENT BETWEEN TXU ELECTRIC DELIVERY AND THE
City of Denton City Council Minutes
June 6, 2006
Page 10
STEERING COMMITTEE OF CITIES SERVED BY TXU ELECTRIC DELIVERY;
AND PROVIDING AN EFFECTIVE DATE.
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance awarding a contract under the
Texas Multiple Award Schedule (TXMAS) program for the purchase of a Nabco Model 64-GT-
SCS Total Containment Vessel for the City of Denton Fire Department as awarded by the State
of Texas Building and Procurement Commission (Contract TXMAS-5-84090); providing for the
expenditure of funds therefor; and providing an effective date (File 3517 - Total Containment
Vessel for Fire Department awarded to Fisher Scientific Company LLC in the amount of
$275,000).
Ross Chadwick, Fire Chief, stated that the containment vessel would be utilized in order to
completely contain a suspected bomb device. The cost for the vessel would be paid for through
Homeland Security funding.
The following ordinance was considered:
No 2006-161
AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE
AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A NABCO
MODEL 64-GT-SCS TOTAL CONTAINMENT VESSEL FOR THE CITY OF
DENTON FIRE DEPARTMENT AS AWARDED BY THE STATE OF TEXAS
BUILDING AND PROCUREMENT COMMISSION (CONTRACT TXMAS-5-84090);
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (FILE 3517 - TOTAL CONTAINMENT VESSEL FOR FIRE
DEPARTMENT AWARDED TO FISHER SCIENTIFIC COMPANY LLC IN THE
AMOUNT OF $275,000).
McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Jane Wilson regarding utility billing issues.
Ms. Wilson stated she recently had an energy audit and received good information on her utility
bill from staff. She would like an appointed time to discuss her utility meter and how to
eliminate some charges on her bill. She needed two reps from utility to coordinate her billings.
City of Denton City Council Minutes
June 6, 2006
Page 11
B. Nell Yeldell regarding false statements made by the City of
Denton.
Ms. Yeldell stated that she had been receiving false claims from the city. She had received a
document showing outstanding liens from 1993. She did not own the property at the time of the
outstanding mowing liens. She felt the City was trying to take over the property by presenting
this mowing lien from 16 years ago.
C. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
D. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
E. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
F. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present.
G. Robert Donnelly regarding City government.
Mr. Donnelly asked about the financial transparency relative to Consent Agenda Items E, J and
K. There were no dollar amounts indicated with those Consent Agenda items. He questioned
why some Consent Agenda items had dollar amounts and some did not. He commented that the
Council meeting schedule was difficult to attend with the Closed Session between the Work
Session and the Regular Session. He suggested holding the Closed Session first followed by the
Work Session.
D. New Business
The following items of New Business were suggested by Council for future agendas:
1. Mayor McNeill suggested convening a conference of Mayors in surrounding
cities with ETJ adjacent to Denton to discuss common issues and items of mutual
interest.
2. Council Member Thomson requested information on the police pursuit policy.
3. Council Member Heggins requested information on the procedure to erect a statue
somewhere in the city to an African American.
4. Council Member McElroy requested information on providing bus service once or
twice a week to the Robson Ranch area.
City of Denton City Council Minutes
June 6, 2006
Page 12
5. Council McElroy requested information on crime watch signs for the Southridge
area.
E. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Interim City Manager Martin did not have any items for Council.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 7:20 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 13,2006
After determining that a quorum was present, the City Council convened in a 2nd Tuesday
Session on Tuesday, June 13,2006 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a report from and held a discussion with the Council Committee
Review Committee regarding committee structure, make-up and appointment recommendations.
Mayor McNeill suggested formalizing the periodic reporting from the committees to the Council.
Previously there had been sporadic reporting from the committees. Some of the committees
probably would not need to make as many reports as others.
Council Member Thomson felt it was helpful to read the reports from other committees as it
helped bring everyone up-to-date on those items.
Council Member Mulroy suggested making the minutes from all of the council committees
uniform with enumerated questions and answers similar to the Audit Committee's minutes and
make them a part of reading file for council.
Consensus of the Council was that each committee would proceed in that direction. Council
committee minutes would be placed in the Friday Reading File for council information. The
frequency of the minutes would be a function of each particular committee. The minutes would
be uniform for all of the committees with a similar template of bullet points and action taken.
External committee minutes would depend on the particular committee. Some committee
minutes such as the RTC could be given directly to Council from a RTC meeting while others
such as TMP A, which might have confidential information, would need to have bullet points on
certain issues.
Mayor McNeill stated that the intent was to make sure all Council Members were aware of what
was going on with all of the committees. He distributed the suggested list of council committee
assignments. While each committee selected its own chair, he noted a suggested chair as shown
on the assignment sheet.
2. The Council received a report, held a discussion and gave direction regarding Council
Operating Procedures.
Mayor McNeill presented the following items for review on council operating procedures:
. Time sequence for meetings - The 1 st and 3rd Tuesdays were legislative meetings and the 2nd
Tuesday was a work session. There was also a once a month luncheon for informal
discussions of items. There would be no meetings on the 4th and 5th Tuesdays unless urgent.
Council Member Mulroy stated that he would like to keep the last week open. The base
framework was good and he would like to be as economical as possible. If a 2nd Tuesday session
or a luncheon was not needed, then do not schedule a meeting just to have a meeting. He also
stated that he did not want to receive new information on Tuesdays. The complete packet should
City of Denton City Council Minutes
June 13,2006
Page 2
go out on Friday. When staff did a presentation, it should be highlighted bullet points with a
format for additional questions. It was not necessary to repeat the information already in the
agenda packet.
Mayor McNeill stated that with that type of format, Council must read the agenda packet
information before the meeting. Council could call staff Monday with questions.
. Mayor McNeill reviewed the procedures in the Council Chambers. He encouraged Council
to keep their mute button pushed until they wanted to talk. He suggested Council use their
request to speak buttons when wanting to make a motion and second and then be recognized.
Some motions might be important for certain districts and this process would allow for that to
happen.
. Mayor McNeill stated that he would keep on track with citizen reports in terms of citizens
not singling out individual members, etc. If he did miss something, another member could call
for a point of order.
Council discussed staff presentations both in the Work Sessions and regular meetings. Staff
would make brief presentations of a recap of the backup materials rather than a large
presentation of the same material followed by questions from Council. With the exception of an
applicant and staff working together during a zoning case, there would only be one person at the
podium at a time.
3. The Council received a report, held a discussion and gave staff direction regarding library
fees for non-residents.
Eva Poole, Director of Libraries, stated that in August the Library started charging a $50 fee for
non-residents to purchase a library card. The 2005-2006 revenue projection was 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. In an effort to increase the number of out-of-city users purchasing a
library card, the staff was 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
provided limited access punch cards. Nonresident punch cards would allow the individual to
borrow up to 15 items for $15 and up to 30 items for $20. Unlimited borrowing would cost $50.
A nonresident student discount would be $30 per year for students and home schooled children.
Consensus of the Council was to proceed as presented.
4. The Council received a report, held a discussion and gave staff direction on solid waste
storage facilities and their design criteria.
Vance Kemler, Director of Solid Waste, stated that the Denton Development Code required new
construction and certain other projects such as redevelopment and building expansions to locate
solid waste storage containers behind the front building line. He showed examples of enclosures
around the city. The current system contained difficulties such as no current design and location
standards, enclosures not large enough to hold the container or allow the truck adequate width
for access, insufficient approach area, inability to properly align and access a container, and
City of Denton City Council Minutes
June 13,2006
Page 3
insufficient area in which to turn a truck around. The proposal would relate to new construction,
25% nonresidential expansion, 10% increase in the number of units a multi-family residential
property, casualty loss replacement, reconstruction, conversion of a residential structure to a non-
residential use. Existing facilities not meeting the current development code that were built
under the prior development code would be excluded. Dumpsters in the right-of-way, in streets
and alleys would not apply. I ntradepartmental coordination with planning, building
permits/inspections, code enforcement, environmental crimes, solid waste services, and utilities
would be required. Criteria overview involved not allowing dumpsters in the front yards,
enclosures for dumpsters would be required if certain visibility requirements were met,
enclosures size and number based on industry waste generation data, safe ingress/egress for
collection vehicles, and no enclosures under electrical lines.
Mayor McNeill discussed the alternative development plan process where such a plan could be
approved at the staff level instead of going to council. If there were a protest of staff decision,
the plan could then go to the Planning and Zoning Commission and then to council if necessary.
Kemler stated that smaller projects would have an enclosure while larger facilities could provide
a range of alternatives.
Council Member Mulroy felt that administrative relief needed to be done on the staff level.
There was a need to clarify what alternative development plans needed to have a public hearing.
City Attorney Snyder stated that currently all alternative development plans had to go through
the Planning and Zoning Commission and then to Council. A determination would have to be
made on where to the draw line on what was major enough to come to council.
Council Member Mulroy suggested building in some administrative procedures rather than have
to go to Planning and Zoning and Council. He also suggested tightening the language when
containers would not be required to make provisions for a waiver rather than provisions not to
have them.
Interim City Manager Martin stated that staff would make the suggested changes and bring the
ordinance back in final form for council review.
With no further business, the meeting was adjourned at 5:25 p.m.
PERRY R. McNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 20, 2006
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 20,2006 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins,
Montgomery, Mulroy, and Thomson.
ABSENT: Council Member Kamp
1. The Council received a report, held a discussion and gave staff direction regarding the
submittal of an application to designate a portion of the industrially zone area of Denton as a
Foreign Trade Zone.
Linda Ratliff, Director of Economic Development, stated that this was a follow-up discussion
from the May 16, 2006 meeting. Staff developed a business plan regarding the proposed zone.
UNT had indicated interest in including a portion of the Research Park in the foreign trade zone.
The application cost was based on the number of acres in each property so that the City's share
might be more or less depending on the number of property owners expressing an interest in the
zone. The ten-year proforma scenario was based on the assumption that there would be no
change in property ad valorem rates for the City, County and Denton lSD, no increases in lease
rates for Airport leased land, no new taxable inventory placed on the tax rolls and no sales tax
impact from new employees considered. This allow for a conservative development scenario
within the Zone.
Mayor McNeill indicated that the next step would be to go to the County and DISD for
endorsements from them.
Ratliff replied correct and that staff would provide Council with any updated information as it
became available.
Consensus of the Council was to continue as presented.
2. The Council received a report, held a discussion and gave staff direction regarding the
CIP Oversight Committee's recommendations.
Jim Coulter, Director of Water Utilities, stated that the CIP Committee had 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. The CIP Committee
recommended the changes to the current 5-year CIP schedule as noted in the agenda backup
materials.
After discussion of the projects, the consensus of the Council was to proceed with the
recommended changes.
3. Discuss the nomination process for the City's Boards and Commissions.
Jennifer Walters, City Secretary, presented the timeline for the board/commission nomination
process. Notebooks would be delivered to Council on June 23rd. Nominations were due in her
office by July 12th.
City of Denton City Council Minutes
June 20, 2006
Page 2
Consensus of Council was to proceed with the proposed timeline.
4. The Council received a report, held a discussion and gave staff direction regarding the
retention period for candidate/officeholder contribution/expenditure reports.
Jennifer Walters, City Secretary, reviewed the retention requirements for the
candidate/officeholder contribution/expenditure reports.
Council discussed the pros and cons of maintaining records longer than the required time frame
from the Texas State Library.
Council Member Mulroy asked for a Reading File memo projecting what the cost would be to
maintain the records beyond the cost for maintaining the records for the regular time frame.
5. There were no requests for clarification of consent agenda items listed on the consent
agenda for June 20, 2006.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. 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.
2. Considered and discussed 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
City of Denton City Council Minutes
June 20, 2006
Page 3
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.
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.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamation/awards for this meeting.
B. June Yard-of-the-Month Awards
Mayor McNeill read the Yard of the Month awards:
Eletta Hogg, Mary Rogers and Cynthia Berry
Ronnie and Lynell Land
Phil and Wanda McDade
Shirley Grounds
Grizzaffi Darby, LLC - Water Smart
Options Salon - Business
3. CONSENT AGENDA
Bob Clifton spoke on Item #3F stating he was concerned about possible hazardous waste that
might have been dumped on the Hickory Substation site.
Thomson motioned, Mulroy seconded to adopt the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins "aye", McElroy "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
A. 2006-162 - 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
City of Denton City Council Minutes
June 20, 2006
Page 4
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. 2006-163 - 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. R2006-022 - 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. Approved tax refunds for the following property taxes:
Name
Reason
Tax
Amount
Year
4. Lioselle, Lance
Duplicate Payment
2005 $ 783.24
6. LandAmerica/ Wheat, Glenn &
Betty
Duplicate Payment
2005 $ 534.86
E. 2006-164 - 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 recommended approval (6-0).
F. 2006-165 - 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
recommended approval (6-0).
G. 2006-166 - 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 recommended approval (6-0).
City of Denton City Council Minutes
June 20, 2006
Page 5
H. 2006-167 - 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 recommended approval (6-0).
I. 2006-168 - 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. 2006-169 - 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 recommended approval (6-0).
K. 2006-170 - 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).
L. 2006-171 - 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. 2006-172 - 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 recommended approval (7-0).
City of Denton City Council Minutes
June 20, 2006
Page 6
N. Approved 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. 2006-173 - 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. 2006-174 - 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. 2006-175 - 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. R2006-023 - 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.
S. 2006-176 - 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. R2006-024 - A resolution revising Administrative Policy 403.07 "Debt Service
Management" and providing for an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adopting an ordinance
regarding an Alternative Development Plan for a multifamily development. The site consisted of
City of Denton City Council Minutes
June 20, 2006
Page 7
approximately 0.30 acres and was located on the northwest corner of Wainwright and Prairie
Streets. The property was located within a Downtown Commercial General (DC-G) zoning
district. The purpose of the Alternative Development Plan was to deviate from the requirements
of Subchapter 13 of the Development Code. The Planning and Zoning Commission
recommended approval with the condition that one parking space be provided for each apartment
(6-0). (ADP06-0010, Victoria Square Apartments)
Kelly Carpenter, Director of Planning and Development, stated that the site was at Locust and
Prairie. She reviewed the surrounding zoning. The alternative development plan would
eliminate the limitation of the buildings being one story in height. The Code required a 15%
landscape buffer but the applicant would provide a 35% landscaping buffer. Parking was not a
part of the ADP but two options had been provided for Council consideration. One option
included one parking space per unit, which was the result of a recommendation from the
Planning and Zoning Commission. The other option did not have the parking requirement.
Council Discussion -
. The ordinance adopted last fall was envisioned for green fields and not for the downtown
area or university area. It was not good for infill.
. The ADP only requested relief from the height requirement. There was no associated
parking requirement. Carpenter replied that the central business district zoning did not contain
parking requirements.
. As the ADP was seeking relief from an error made by the Council, no mitigation should be
required. Carpenter stated that at the Planning and Zoning Commission meeting, several area
residents expressed concerns about the parking. The applicant offered 35% landscaping buffer,
which was not a requirement. The additional parking spaces were a suggested requirement by
the Planning and Zoning Commission based on area resident concerns.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed public hearing.
The following ordinance was considered:
NO. 2006-177
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.30 ACRES OF
LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF
WAINWRIGHT STREET AND PRAIRIE STREET, TO ALLOW A MULTI-FAMILY
DEVELOPMENT, LEGALLY DESCRIBED AS LOTS 7 & 8, BLOCK 1 OF
WAINWRIGHT'S ADDITION, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE. (ADP06-0010)
City of Denton City Council Minutes
June 20, 2006
Page 8
Mulroy motioned, Heggins seconded to adopt the ordinance without parking restrictions. On roll
vote, Heggins "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor McNeill "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adopting an ordinance
regarding a Specific Use Permit for a veterinary clinic. The property was located on the east side
of North Locust Street, north of Third Street. The approximately .036 acre site was located
within a Downtown Residential-2 (DR-2) zoning district. The Planning and Zoning Commission
recommended approval (6-0). (S06-0004, Mitchell Veterinary Clinic)
Kelly Carpenter, Director of Planning and Development, stated that this was a proposed
veterinarian clinic on Locust and Third Streets. A Specific Use Permit was required by the
Development Code. A Planning and Zoning Commission recommendation for a 3-foot solid
fence long the eastern side of the site was included in the ordinance. Two property owners had
submitted an objection to the proposal but did not result in a super majority requirement.
The Mayor opened the public hearing.
Dr. Marilyn Mitchell spoke in favor of the request.
Lee Gano, 1731 W. University, Denton, 76201, submitted a comment card in favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-178
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 THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING AN EFFECTIVE DATE. (S06-0004)
Heggins motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
C. The Council held a public hearing and considered adopting an ordinance
concerning a Detailed Plan for Planned Development District No. 115 (PD-115) for
approximately 194 acres. The subject property was located at the southwest corner of Bonnie
Brae Street and Elm Street, east of Interstate 35. On May 24, 2006, Planning and Zoning
City of Denton City Council Minutes
June 20, 2006
Page 9
Commission concluded a public hearing without reaching a consensus on the recommendation to
approve the Detailed Plan (3-3). (206-0005, Kings Ridge Estates)
Kelly Carpenter, Director of Planning and Development, presented details of the zoning map
and surrounding zoning uses. The proposed development was consistent with the Concept Plan
approved in May 1986. Ordinance 2000-007 approved an amendment to the Concept Plan for
approximately 230 acres and Ordinance 2000-008 approved a detailed plan for approximately
194 acres for the site on January 4, 2000. Detailed plans have a life of two years so the detailed
plan for the site had expired. The applicant had a new detailed plan in accordance with the
approved concept plan approved in 1986. The west, north and east sides of the project contained
existing natural gas gathering lines in existing 10- foot easements.
Quinten Hicks, Gas Well Inspector, stated that the gathering lines were currently within state
level requirements.
Carpenter continued that the applicant had agreed to add to the detail plan that no vertical
structures would be built in the gas line gathering lines. Staff recommended approval but the
Planning and Zoning Commission was unable to make recommendation to Council on the
proj ect.
Mayor McNeill asked about the status of Westgate Street. Carpenter stated that an ordinance
was adopted that indefinitely closed the street.
Council Member Thomson stated that the Concept Plan did not expire but that detailed plans
expired in two years. The Concept Plan carried the zoning, which was carried with the land.
The discussion this evening was not about the density and zoning. Carpenter stated that the
Detail Plan was in conformance with the approved Concept Plan.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Cary Cobb, 1401 Burnham Drive, Piano, 75093 - favor
Robert McWilliams, 3322 Darby Lane, Denton, 76207 - opposed
Bobby Smith - 3101 Darby Lane, Denton, 76207 - opposed.
Chelita Lewis, 3101 Westgate Drive, Denton, 76207 - opposed
Jack Daniels, 3206 Darby Lane, Denton, 76207 - opposed
Art Rodriguez, 3109 Westgate Drive, Denton, 76207 - opposed
Rhonda Rodriguez, 3109 Westgate Drive, Denton, 76207 - opposed
Eric Fullerton, 3015 N. Bonnie Brae, Denton, 76207 - opposed
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 - opposed
Comment Cards were submitted by:
Marla Fullerton, 3015 N. Bonnie Brae, 76207 - opposed
Bernie Saffron, 3306 Darby Lane, Denton, 76207 - opposed
Tony Lewis, 3101 Westgate Drive, Denton, 76207 - opposed
City of Denton City Council Minutes
June 20, 2006
Page 10
Additional speakers included:
Tracy Williamson, 3321 Westgate Drive, Denton, 76207 - opposed
Sam McCombs, 2921 Fladger, Denton, 76207 - opposed
Cary Cobb, representing the developer, stated that they were trying to set the tone map for what
they were going to put on the land. The density had already been approved. The Detailed Plan
would be a map for the development.
Council Member Mulroy felt that during the platting process, the individual lots and surveys
should show the restricted easements and gas lines so that potential buyers of the property would
have that knowledge before building on the lots.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-179
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
2000-008 TO PROVIDE FOR THE APPROVAL OF A NEW 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 FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE. (Z06-0005)
Mulroy motioned, McElroy seconded to adopt the ordinance with all associated conditions
including those from Ordinance 2000-007, Ordinance 2000-008, those listed on the proposed
Detail Plan and the applicant's agreement to not build any vertical structures in the gas line
easements. On roll vote, Heggins "nay", McElroy "aye", Montgomery "nay", Mulroy "aye",
Thomson "aye" and Mayor McNeill "aye". Motion carried with a 4-2 vote.
D. The Council held a public hearing and considered 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 Attorney Snyder stated that this ordinance ordered dismissal of Atmos Energy's application
for interim gas reliability infrastructure program adjustment for 2005.
The Mayor opened the public hearing.
No one spoke during the public hearing.
City of Denton City Council Minutes
June 20, 2006
Page 11
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-180
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.
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered 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.
The following ordinance was considered:
NO. 2006-181
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 ATM 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
City of Denton City Council Minutes
June 20, 2006
Page 12
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
B. The Council considered 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.
Jon Fortune, Assistant City Manager, stated that this ordinance would authorize a notice of intent
to sell certificates of obligation. The funds would be used for street and transportation
improvements, solid waste, vehicles and equipment, airport improvements, Fire Station #7. The
majority of these projects were approved in the Capital Improvement Program, fiscal year ending
2005-2009.
The following ordinance was considered:
NO. 2006-182
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.
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
C. Election of a Deputy Mayor Pro Tern.
McElroy motioned, Thomson seconded to nominate Joe Mulroy for Deputy Mayor Pro Tern. On
roll vote, Heggins "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor McNeill "aye". Motion carried unanimously.
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Bob Clifton regarding city business.
Mr. Clifton presented various pictures of issues around the city such as recycling, drainage,
garbage, code enforcement, and power lines over developments such as swimming pools.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth wanted to play at Eureka Park but could not because of poison wood.
City of Denton City Council Minutes
June 20, 2006
Page 13
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth wanted to safely cross Woodrow Street.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth wanted to be able to safely cross McKinney Street.
E. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth questioned who was the current Mayor, Ms. Brock or Mr. McNeill as they both
said the same things. He felt the use of the Consent Agenda allowed the Council to not do
business in public. He again brought up the fact that there were no Black fire fighters in Denton,
that the Council did lip service to saving trees but in fact destroyed them, and that there were
streets in the city that could not be crossed by pedestrians. He was also concerned that Hispanics
could not play soccer on City fields on Sundays.
F. Lisa Steinbach regarding feeding the homeless.
Ms. Steinbach stated that she was part of a group that provided hot meals to homeless people in
the Civic Center Park. Other shelters in the area did not provide midday meals on the weekends.
On Cinco de Mayo her group was told that they could no longer bring hot meals to the homeless.
They could only bring prepackaged non-temperature foods. The cost for such meals was too
great for her group. She asked for a solution to the problem. The group was instructed that they
could not bring out restaurant foods to serve nor could they provide fresh fruits and vegetables.
E. New Business
There were no items of New Business suggested by Council Members for future agendas.
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.
Interim City Manager Martin asked Janet Fitzgerald, Director of Parks and Recreation, to update
the Council regarding a past citizen inquiry concerning two bids on playground equipment and
the cost of that equipment.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act
Council Member Mulroy directed staff to prepare an agenda item for a Special Called Council
meeting for July 12, 2006 regarding the formation of a Charter Revision Citizen Committee
comprised of seven members selected by Council.
City of Denton City Council Minutes
June 20, 2006
Page 14
With no further business, the meeting was adjourned at 8:32 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
CM:
City Manager's Office
Howard Martin, 349-8232 ..
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Denton Animal Shelter Foundation to support fundraising for new
shelter facilities, programs, and shelter maintenance; providing for the expenditure of funds
therefore; and providing an effective date.
BACKGROUND
Mayor Perry McNeil has made a request for the expenditure of $450.00 and Mayor Pro Tern Pete
Kamp has made a request for the expenditure of $550 from their respective contingency accounts
to be made to the Denton Animal Shelter Foundation to support fundraising for new shelter
facilities, programs, and shelter maintenance Per the contract, the funds are to be used to help
pay for these cost. Funds will be distributed with appropriate receipts upon the approval of the
ordinance by the City Council.
Respectfully submitted:
Howard Martin
City Manager
Prepared by:
Linda Holley
Executive Assistant
s: \OUf Documents\Ordinances\06\Denton Animal Shelter Fouooation.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON ANIMAL SHELTER FOUNDATION TO
SUPPORT FUNDRAISING FOR NEW SHELTER FACILITIES, PROGRAMS, AND SHELTER
MAINTENANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTNE DATE.
WHEREAS, Denton Animal Shelter Foundation, a Texas Non-Profit Corporation, has
requested funding for supplies to be used in fund raising efforts for the City of Denton Animal
Shelter in Denton (the "Program"); and
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
agreement between the City and Denton Animal Shelter Foundation. attached hereto and made a part
hereof by reference (the "Agreement") serve a municipal and public purpose and is in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein~
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement, including
the expenditure of funds as provided in the Agreement
SECTION 3. This ordinance shall become effective immediately upon its passage and'
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
A TrEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, TT
BY:
S:\OUT Documents\Contracts\06\Denton Animal Shelter Foundation Agrmt.doc
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON ANIMAL SHELTER FOUNDATION
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule
Municipal Corporation, hereinafter referred to as nCity", and Denton Animal Shelter Foundation, a
Texas Non-Profit Corporation, hereinafter referred to as "Denton Animal Shelter Foundation":
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose of
paying for contractual services; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest as it will educate the public on animal welfare, among other things;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
Denton Animal Shelter Foundation shall in a satisfactory and proper manner perform the
following tasks, for which the monies provided by City may be used:
The funds being provided shall be used by Denton Animal Shelter Foundation to support the
goals and mission of the City of Denton Animal Shelter through fundraising for new shelter
facilities, programs and shelter maintenance.
II. OBLIGATIONS OF DENTON ANllvlAL SHELTER FOUNDATION
In consideration of the receipt of funds from City, Denton Animal Shelter Foundation agrees to
the following terms and conditions:
A. One Thousand Dollars and no/100 ($1,000.00) shall be paid to Denton Animal Shelter
Foundation by City to be utilized for the purposes set forth in Article I.
B. Denton Animal Shelter Foundation will maintain adequate records to establish that the
City funds are used for the purposes authorized by this Agreement.
c. Denton Animal Shelter Foundation will permit authorized officials of City to review its
books at any time.
D. Upon request, Denton Animal Shelter Foundation will provide to City its By Laws and
any of its rules and regulations that may be relevant to this Agreement.
E. Denton Animal Shelter Foundation will not enter into any contracts that would encumber
City funds for a period that would extend beyond the term of this Agreement.
F. Denton Animal Shelter Foundation will appoint a representative who will be available to
meet with City officials when requested.
G. Denton Animal Shelter Foundation will submit to City copies of year-end audited
financial statements.
ill. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
July 1, 2006 through July 30, 2007, unless the contract is sooner terminated under Section vn
"Suspension or Termination".
IV. PAYMENTS
A. PAYMENTS TO DENTON ANIMAL SHELTER FOUNDA nON. City shall pay to Denton Animal
Shelter Foundation the sum specified in Article II after the effective date of this Agreement.
B. EXCESS PAYMENT. Denton Animal Shelter Foundation shall refund to City within ten (10)
working days of City's request, any sum of money which has been paid by City and which City at any
time thereafter determines:
1) has resulted in overpayment to Denton Animal Shelter Foundation; or
2) has not been spent strictly in accordance with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justify the expenditure.
v. EV ALUA TION
Denton Animal Shelter Foundation agrees to participate in an implementation and maintenance
system whereby the services can be continuously monitored. Denton Animal Shelter Foundation
agrees to make available its financial records for review by City at City's discretion. In addition,
Denton Animal Shelter Foundation agrees to provide City the following data and reports, or copies
thereof:
A. All external or internal audits. Denton Animal Shelter Foundation shall submit a copy of
the annual independent audit to City within ten (10) days of receipt.
B. All external or internal evaluation reports.
c. An explanation of any major changes in program services.
Page 2 of7
D. To comply with this section, Denton Animal Shelter Foundation agrees to maintain records
that will provide accurate, current, separate, and complete disclosure of the status offunds received
and the services performed under this Agreement. The record system of Denton Animal Shelter
Foundation shall contain sufficient documentation to provide in detail full support and justification
for each expenditure. Denton Animal Shelter Foundation agrees to retain all books, records,
documents, reports, and written accounting procedures pertaining to the services provided and
expenditure of funds under this Agreement for five years.
E. Nothing in the above subsections shall be construed to relieve Denton Animal Shelter
Foundation of responsibility for retaining accurate and current records that clearly reflect the level
and benefit of services provided under this Agreement.
VI. DIRECTORS' MEETlNGS
During the term of this Agreement, Denton Animal Shelter Foundation shall deliver to City
copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof
wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to
City in a timely manner to give adequate notice, and shall include an agenda and a brief description
of the matters to be discussed. Denton Animal Shelter Foundation understands and agrees that City's
representatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Denton Animal Shelter Foundation' governing body shall be
available to City within ten (10) working days of approval.
VIT. TERMlNATION
The City may terminate this Agreement for cause if Denton Animal Shelter Foundation
violates any covenants, agreements, or guarantees of this Agreement, the Denton Animal Shelter
Foundation's insolvency or filing ofbankruptcy, dissolution, or receivership, or the Denton Animal
Shelter Foundation' violation of any law or regulation to which it is hound under the terms of this
Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in
this paragraph.
VITI. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Denton Animal Shelter Foundation shall comply with all applicable equal employment
opportunity and affirmative action laws or regulations.
B. Denton Animal Shelter Foundation will furnish all information and reports requested by
City, and will permit access to its hooks, records, and accounts for purposes of investigation to
ascertain compliance with local, State and Federal rules and regulations.
c. In the event of non-compliance by Denton Animal Shelter Foundation with the
non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in
whole or in part, and Denton Animal Shelter Foundation may be barred from further contracts with
City.
Page 3 of7
IX. WARRANTIES
Denton Animal Shelter Foundation represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or report,
and, since that date, have not undergone any significant change without written notice to City.
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the fmancial conditions of Denton Animal Shelter
Foundation on the date shown on said report, and the results of the operation for the period covered
by the report, and that since said data, there has been no material change, adverse or otherwise, in the
financial condition of Denton Animal Shelter Foundation.
c. No litigation or legal proceedings are presently pending or threatened against Denton
Animal Shelter Foundation.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Denton Animal Shelter Foundation is doing business or with the provisions of any existing
indenture or agreement of Denton Animal Shelter Foundation.
E. Denton Animal Shelter Foundation has the power to enter into this Agreement and
accept payments hereunder, and has taken all necessary action to authorize such acceptance under the
terms and conditions of this Agreement.
F. None of the assets of Denton Animal Shelter Foundation are subject to any lien or
encumbrance of any character, except for current taxes not delinquent, except as shown in the
financial statements furnished by Denton Aninial Shelter Foundation to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
x. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
Page 4 of7
C. Denton Animal Shelter Foundation shall notify City of any changes in personnel or
governing board composition.
XI. INDEMNIFICATION
To the extent authorized by law, the Denton Animal Shelter Foundation agrees to indenmify,
hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all
claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in
connection with the performance by the Denton Animal Shelter Foundation or those services
contemplated by this Agreement, including all such claims or causes of action based upon common,
constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional
acts of Denton Animal Shelter Foundation, its officers, employees, agents, subcontractors, licensees
and invitees.
xu. CONFLICT OF INTEREST
A. Denton Animal Shelter Foundation covenants that neither it nor any member of its
governing body presently has any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this Agreement. Denton
Animal Shelter Foundation further covenants that in the performance of this Agreement, no person
having such interest shall be employed or appointed as a member of its governing body.
B. Denton Animal Shelter Foundation further covenants that no member of its governing
body or its staff, subcontractors or employees shall possess any interest in or use his/her position for
a purpose that is or gives the appearance of being motivated by desire for private gain for
himself/herself, or others; particularly those with which he/she has family, business, or other ties.
c. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, or association in which he has direct
or indirect interest.
XIII. 'NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of
this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or facsimile, addressed to Denton Animal Shelter Foundation or City, as the
case may be, at the following addresses:
Page 5 of7
CITY
DENTON ANIMAL SHELTER
FOUNDATION
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Fax No. 940.349.8591
Patti Smith, Treasurer
Denton Animal Shelter Foundation
301 Whispering Trail
Argyle, Texas 76226
Fax No. 940.464.0589
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
XIV. NUSCELLANEOUS
A. Denton Animal Shelter Foundation shall not transfer, pledge or otherwise assign this
Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust
company or other financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent ofhoth parties hereto.
c. In no event shall any payment to Denton Animal Shelter Foundation hereunder, or any
other act or failure of City to insist in anyone or more instances upon the terms and conditions of
this Agreement constitute or be construed in .any way to be a waiver by City of any breach of
covenant or default which may then or subsequently be committed by Denton Animal Shelter
Foundation. Neither shall such payment, act, or omission in any manner impair or prejudice any
right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights,
powers, privileges, or remedies are always specifically preserved. No representative or agent of City
may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto; and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting
in Denton County, Texas.
Page 6 of7
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of 'I 2006.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, C ATTORNEY
BY:
ATTEST:
BY:~ ~F ,J-IA)~~
BO SEe TARY
Page 7 of7
day of
, 2006.
PERRY R. McNEILL, MAYOR
DENTON ANTh1AL SERVICES
FOUNDATION
BY: Vrdti
PATTI SMITH, TREASURER
AGENDA INFORMATION SHEET
AGENDA DATE: July 18, 2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349- 7194
ACM:
Jon Fortune
Ii
SUBJECT
Consider adoption of an Ordinance providing for the expenditure of funds for the emergency
refurbishment of the two belt filter press machines at Pecan Creek Water Reclamation Plant in
accordance with provisions of State Law exempting such purchases from requirements of
competitive bidding; and providing an effective date (File 3536-Emergency Purchase of Belt
Press Refurbishment awarded to Andritz Ruthner Inc. in an amount not to exceed $160,000).
The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
The belt press at the Pecan Creek Water Reclamation Plant is used to press the digested sludge
before hauling the sludge to the compost operation. Recently a roller broke in one of the belts
rendering the press inoperable. A second belt press is in operation to continue to press the
digested sludge. However, the City needed to act quickly to have the broken belt press
refurbished, otherwise the sludge handling and the compost operation process at the Plant could
be put in jeopardy.
The original manufacturer Andritz Ruthner, Inc, (Andritz) supplier of the belt presses was
contacted for a proposal to refurbish the out of service belt press. Refurbishing will include
disassembly of the belt press at site, and all shipping costs to and from the manufacturer's
facility. The proposal to refurbish one belt press is $80,000. The turnaround time for refurbishing
one belt press is 6 to 10 weeks. Since the Council meeting was not scheduled until July 18, staff
requested the Purchasing Department to issue an emergency purchase order. The purchase order
was issued on June 13 and Andritz has disassembled the belt press and begun the refurbishing
process.
When one belt press refurbishing is complete, the second belt press refurbishing will be initiated.
To allow funds to be expensed for the second belt press, staff is requesting authorization for a
total expenditure of $160,000.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its July 10, 2006 meeting.
Agenda Information Sheet
July 18, 2006
Page 2
RECOMMENDA TION
Award to Andritz Ruthner, Inc. in an amount not to exceed $160,000.
PRINCIPAL PLACE OF BUSINESS
Andritz Ruthner, Inc.
Arlington, TX
ESTIMATED SCHEDULE OF PROJECT
The turnaround time for refurbishing one belt press is 6 to 10 weeks.
FISCAL INFORMATION
This item will be funded from account 640080541.1360.40100.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Proposal from Andritz Ruthner
Attachment 2: Memo from P.S. Arora, Assistant Director of Wastewater Utilities
l-AIS-File 3536
Attachment 1
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ENVIRONMENT AND PROCESS TECHNOLOGIES
ANDRITZ CPF 2.0M-SMX@-S8
Refurbishment
Proposal #691-497.05.23.06
For
City of Denton
Denton, TX
This proposal is the confidential and proprietary information of Andritz-Ruthner, Inc. Any party accepting receipt of this proposal does so on the
express understanding and agreement that they will neither copy, reproduce, disclose to third parties or use this proposal for any purpose other
than those expressly agreed to by Andritz-Ruthner, Inc. in writing. Such party also agrees to indemnify Andritz-Ruthner, Inc. against any losses or
damages suffered by Andritz-Ruthner, Inc. as a result of such party's improper reproduction, disclosure or use of this proposal.
ANDRITZ-RUTHNER, INC.
1010 Commercial Blvd. S.
Arlington, TX USA 76001
Tel: 817/465-5611
Fax: 817/468-3961
Email: andritz@andritz-arl.com
ENVIRONMENT AND PROCESS TECHNOLOGIES
JUNE 13, 2006
City of Denton
Pecan Creek Water Reclamation Plant
1100 Mayhill Road
Denton, TX 76208
Attention: Rusty Willard
Subject: Andritz CPF 200M SMX-S8 Belt Press Refurbishment
Dear Rusty,
We appreciate your recent inquiry into refurbishing and upgrading the belt presses at
City of Denton Pecan Creek Water Reclamation Plant. With a proven record of success
and continued commitment to customer satisfaction, we are confident that we can
provide the technology and expertise required for your application.
Enclosed is my proposal to refurbish and upgrade the original CPF 2.0 SMX-S8 belt
press with the technology advancements currently utilized on our new equipment.
The press when completed will be completely refurbished and warranted as a new
machine per Andritz Standard Terms and Conditions
If after reviewing this proposal you have any questions, please contact me at your
convenience at 871-419-1728 or e-mail armondo.alvarado@andritz.com.
Regards,
1lrmonlo 1lfvaralo
Armondo Alvarado
Aftermarket Sales
.....................................................
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ENVIRONMENT AND PROCESS TECHNOLOGIES
A. General Scope of Supply
ITEM
#
#
REQ'D
DESCRIPTION
1.
1
Andritz CPF 2.0M SMX-S8 Refurbishment of Belt Press:
. Disassemble belt press onsite and ship frame, pans and rolls to our
manufacturing facility in Pittsburg, TX
. Sandblast all frame members, brackets and hangers to near white finish
. Re-galvanize all components
. Acid Wash, Prime and Paint Andritz Yellow
. Sandblast all stainless steel components
. Wear Strips to be replaced in gravity & wedge zone
. Recover all rollers with Buna-N Rubber and Rilsan Coatings
. Replace all internal bearing components, recover housing with Rilsan
Coating
. Replace wear components IE: doctor blades, gravity and wedge seals,
shower seals, plows, shower brushes, nozzles, drive gears, air bellow and
control valves
. Reuse existing stainless steel grease and pneumatic tubing
. Electrical E-Stops, Pull Cords and Limit Switches to be replaced
. Round trip freight
. Onsite reassembly
B. Andritz Dewatering System - Unit Pricing Summary
Item #
1.
Description
Price USD EA
$
Andritz CPF 2.0M SMX-S8 Refurbishment
80,000.00
This price proposal is based on the attached Andritz-Ruthner, Inc.
"Standard Terms and Conditions of Sale". Please read Terms and
Conditions carefully.
.....................................................
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ENVIRONMENT AND PROCESS TECHNOLOGIES
C. Commercial Conditions
Terms and Conditions
Your attention is directed to the attached Andritz Terms and Conditions of Sale.
Special Information
. External electrical and plumbing connections other than originally maintained on the Andritz BFP
will be reused.
. No local or states sales tax included
Terms of Payment (Net 30 Days)
. 90% of contract value with shipment
. 10% of contract value with final acceptance
Shipment
ANDRITZ shipment will be 6 to 10 weeks ARGo
A~TL
ANDRITZ-RUTHNER, INC.
STANDARD TERMS AND CONDITIONS OF SALE
TERMS APPLICABLE
The Terms and Conditions of Sale listed below are the exclusive terms and conditions applicable to
quotations made and orders accepted by Andritz Ruthner, Inc. ("Seller") for the sales of products,
equipment and parts relating thereto ("Products"). This quotation or acknowledgment and
acceptance is expressly made conditional upon Buyer's assent to such terms and conditions. Any of
Buyer's terms and conditions which are in addition to or different from those contained herein, which
are not separately agreed to by Seller in writing, are hereby objected to and shall be of no effect.
Objections to any terms and conditions contained herein shall be deemed waived if Seller does not
receive written notice thereof within 20 days of the date of this acknowledgment. Buyer in any event
will be deemed to have assented to the terms and conditions contained herein if Buyer either makes
any payment to Seller or accepts any delivery of the Product. The term "this Agreement" as used
herein means this quotation or acknowledgment together with any attachment hereto, any
documents expressly incorporated by reference and these Standard Terms and Conditions of Sale.
2. DELIVERY
(a)Delivery dates are good faith estimates and do not mean that "time is of the essence". Buyer's
failure to promptly make advance or interim payments, supply technical information, drawings
and approvals will result in a commensurate delay in delivery. Unless otherwise agreed in writing
by Seller, title and risk of loss or damage to the Products shall pass to Buyer upon delivery of the
Products F.O.B., Seller's plant (F.O.B., point of manufacture for any Product shipped direct to
Buyer from any location other than Seller's plant).
(b) Seller shall not be liable for any loss or delay due to acts of governmental authority, laws or
regulations, strikes, fires, floods, earthquakes, severe weather, epidemics, quarantine
restrictions, war, riot, acts of Buyer, wrecks, delays in transportation, inability to obtain necessary
labor or materials from usual sources, or other causes beyond the reasonable control of Seller.
In the event of any such delay in performance due to such causes, the date of delivery or
performance shall be deferred for a period equal to the time lost by the reason of the delay.
3. WARRANTY
(a) Seller warrants to Buyer that the Products will be delivered free from defects in material and
workmanship. This warranty shall commence upon delivery of the Products and shall expire on
the earlier to occur of 12 months from initial operation of the Products and 18 months from
delivery thereof (the "Warranty Period"). If during the Warranty Period Buyer discovers a defect
in material or workmanship and gives Seller written notice thereof within 10 days of such
discovery, Seller will, at its option, either deliver to Buyer a replacement part or repair the defect
in place. Seller will have no warranty obligations under this paragraph 3(a): (i) if Buyer fails to
ensure that the Products are operated and maintained in accordance with generally approved
industry practice and with Seller's specific written instructions; (ii) if the Products are used in
connection with any mixture or substance or operating condition other than that for which they
were designed; (iii) if Buyer fails to give Seller such written 10 day notice; (iv) if the Products are
repaired by someone other than Seller or have been intentionally or accidentally damaged, or
(v) corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are
exposed to severe wear and tear or are considered expendable.
(b) Seller further warrants to Buyer that at delivery, the Products will
be free of any liens or encumbrances. If there are any such liens or
encumbrances, Seller will cause them to be discharged promptly
after notification from Buyer of their existence.
(c) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY
WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER
STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE.
(d) The remedies provided in paragraphs 3(a) and 3(b) are Buyer's exclusive remedy for breach of
warranty.
4. LIMITATION OF LIABILITY
The remedies of buyer set forth herein are exclusive and the aggregate liability of seller for all
claims of any kind for any loss or damage resulting from, arising out of or connected with this
agreement or from the performance or breach thereof, or from the manufacture, sale, delivery,
resale, repair or use of any product, shall in no event exceed the price allocable to the product
which gave rise to the claims. The foregoing notwithstanding, if applicable, any claims for (a) delay
shall not exceed 5% and (b) breach of performance guarantees shall not exceed 20% of the price.
In no event shall seller be liable to buyer or any party for special, incidental or consequential
damages of any nature, including, but not limited to, loss of profits or revenue or business
opportunity, loss by reason of shutdown of facilities or inability to operate any facility at full capacity,
or cost of obtaining replacement power. The limitations and exclusions of liability set forth in this
paragraph shall apply to any claim, whether based on contract, warranty, tort (including negligence),
fault, strict liability, indemnity, or otherwise. All liability of Seller to Buyer, arising out of this
Agreement, shall terminate at the expiration of 3 years after final acceptance. The provisions of this
paragraph 4 shall supersede any inconsistent provisions in any instrument forming part of this
agreement.
5. TAXES
Seller's prices do not include any sales, use, excise or other taxes. In addition to the price specified
herein, the amount of any present or future sales, use, excise or other tax applicable to the sale or
use of the Products shall be billed to and paid by Buyer unless Buyer provides to Seller a tax-
exemption certificate acceptable to the relevant taxing authorities.
6. SECURITY INTEREST
Seller shall retain a purchase money security interest in the Products until all payments have been
made in full. Buyer agrees to do all acts necessary to perfect and maintain such security interest in
Seller and to protect Seller's interest in the Products.
7. SET OFF
Neither Buyer nor any of its affiliates shall have any right to set off claims against Seller or any of its
affiliates for amounts owed under this Agreement or otherwise.
8. PATENTS
Unless the Products or any part thereof are designed to Buyer's specifications and provided the
Product or any part thereof is not used in any manner other than as specified or approved by Seller
in writing, (i) Seller shall defend against any suit or proceeding brought against Buyer to the extent
based on a claim that any Product, or any part thereof, infringes any United States patents;
provided Seller is notified promptly in writing and given authority, information and assistance for the
defense of such suit or proceeding; (ii) Seller shall satisfy any judgment for damages entered
against Buyer in such suit; and (iii) if such judgment enjoins Buyer from using any Product or a part
thereof, then Seller shall at its option: (a) obtain for Buyer the right to continue using such Product
or part; (b) eliminate the infringement by replacing or modifying all or part of the Products; or (c)
take back such Product or part and refund to Buyer all payments on the purchase price which Seller
has received, in which case neither Buyer nor Seller will have any claim against the other under this
Agreement or arising out of the subject matter of this Agreement. The foregoing states Seller's
entire liability for patent infringement by any Product or part thereof.
9. CANCELLATION
Buyer may only cancel its order upon written notice to Seller and upon payment to Seller of Seller's
cancellation charges, which shall be specified to Buyer and shall take into account among other
things expenses (direct and indirect) incurred and commitments already made by Seller and an
appropriate profit. In the event of the bankruptcy or insolvency of Buyer or in the event of any
bankruptcy or insolvency proceeding brought by or against Buyer, Seller shall be entitled to cancel
any order outstanding at any time during the period allowed for filing claims against the estate and
shall receive reimbursement for its cancellation charges.
10. CHANGES
Seller will not make changes in the Products unless Buyer and Seller have executed a written
Change Order for such change. Such Change Order will include an appropriate price adjustment. If
the change impairs Seller's ability to satisfy any of its obligations to Buyer, the Change Order will
include appropriate modifications to this Agreement. If after the date of this quotation or
acknowledgment, new or revised governmental requirements should require a change in the
Products, the change will be subject to this paragraph 10.
11. CONFIDENTIALITY
Buyer acknowledges that the information which Seller submits to Buyer in connection with this
quotation or acknowledgment includes Seller's confidential and proprietary information, both of a
technical and commercial nature. Buyer agrees not to disclose such information to third parties
without Seller's prior written consent. Buyer further agrees not to permit any third party to fabricate
the Products or any parts thereof from Seller's drawings. Buyer will defend and indemnify Seller
from any claim, suit, or liability based on personal injury (including death) or property damage
related to any Product or part thereof which is fabricated by a third party without Seller's prior
written consent and from and against related costs, charges and expenses (including attorneys
fees). All copies of Seller's drawings shall remain Seller's property and may be reclaimed by Seller
at any time.
12. END USER
If Buyer is not the end user of the Products sold hereunder (the "End User"), then Buyer will use its
best efforts to obtain the End User's written consent to be bound to Seller by the provisions of
paragraphs 3, 4, 5, and 11 hereof. If Buyer does not obtain such End User's consent, Buyer shall
defend and indemnify Seller and Seller's agents, employees, subcontractors, and suppliers from
any action, liability, cost, loss or expense for which Seller would not have been liable or from which
Seller would have been indemnified if Buyer had obtained such End User's consent.
13. GENERAL
(a) Seller represents that any Products or parts thereof manufactured by Seller will be produced in
compliance with all applicable Federal, state and local laws applicable to their manufacture and
in accordance with Seller's engineering standards. Seller shall not be liable for failure of the
Products to comply with any other specifications, standards, laws or regulations.
(b) This Agreement shall inure only to the benefit of Buyer and Seller and their respective
successors and assigns. Any assignment of this Agreement or any of the rights or obligations
hereunder, by either party without the written consent of the other party shall be void.
(c) This Agreement contains the entire and only agreement between the parties with respect to the
subject matter hereof and supersedes all prior oral and written understandings between Buyer
and Seller concerning the Products, and any prior course of dealings or usage of the trade not
incorporated herein.
(d) This Agreement (including these standard terms and conditions of sale) may be modified,
supplemented or amended only by a writing signed by an authorized representative of Seller.
Seller's waiver of any breach by Buyer of any terms of this Agreement must also be in writing
and any waiver by Seller or failure by Seller to enforce any of the terms and conditions of this
Agreement at any time, shall not affect, limit or waive Seller's right thereafter to enforce and
compel strict compliance with every term and condition thereof.
(e) This Agreement and the performance thereof will be governed by and construed according to the
laws of the State of Texas. The parties hereto irrevocably submit to the jurisdiction of the Federal
and State courts sitting in Tarrant County, Texas and waive any claims as to inconvenient forum.
In the event this Agreement pertains to the sale of any goods outside the United States, the
parties agree that the United Nations Convention for the International Sale of Goods shall not
apply to this Agreement.
2/2005
Attachment 2
MEMORANDUM
To:
Tom Shaw, Purchasing Agent
From:
P. S. Arora, Asst. Director Wastewater Utilities
Date:
06/13/06
Subject:
Belt Filter Press at Pecan Creek Water Reclamation Plant (PCWRP)
The Belt Filter Press provides the final processing of the sludge generated at the PCWRP.
The digested sludge is pressed at the belt press before hauling it to the compost operation.
There are two belt presses at the plant, with one unit in operation and one alternating as a
backup. Roller in one belt press broke making the belt press unusable. Funds for rehab of
the belt presses are budgeted in this fiscal year. It will take 6 to 10 weeks from issuance
of the purchase order to rehab one belt press.
The Council meeting is not scheduled till July 18. The composting operation and
processing of the sludge will be affected if the second belt press goes out of operation. I
am requesting an emergency purchase order be issued to shorten the rehab time for the
belt press.
cc: Jim Coulter, Director Water Utilities
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY REFURBISHMENT OF THE TWO BELT FILTER PRESS MACHINES AT
PECAN CREEK WATER RECLAMATION PLANT IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 3536-EMERGENCY PURCHASE OF BELT PRESS REFURBISHMENT
AWARDED TO AND RITZ RUTHNER INC. IN AN AMOUNT NOT TO EXCEED $160,000).
WHEREAS, state law and ordinance require that certain contracts reqUIrIng an
expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids,
except in the case of public calamity where it becomes necessary to act at once to appropriate
money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to
public property, machinery or equipment or where the procurement is necessary to preserve or
protect the public health or safety of the city's residents under Section 252 of the Local
Government Code; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary
to purchase goods or services due to the following emergency conditions outlined in the
memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that there is a public calamity that
makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of
the city, or to provide for unforeseen damage to public property, machinery or equipment, or to
preserve or protect the public health or safety of the city's residents and by reason thereof, the
following emergency purchases of materials, equipment, supplies or services, as described in the
"File Number" referenced herein and on file the office of the Purchasing Agent, are hereby
approved:
FILE NUMBER
VENDOR
AMOUNT
3536
Andritz Ruthner Inc.
$160,000
SECTION 2. Because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in File
3536 and to make payment therefore in the amounts therein stated, such emergency purchases
being in accordance with the provisions of state law exempting such purchases by the City from
the requirements of competitive bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~c%-
3-0RD-File 3536
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 July 10, 2006
4
5
6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
7 present, the Vice-Chair of the Public Utilities Board convened a Closed Meeting on Monday,
8 July 10, 2006 at 9:03a.m. in the Service Center Training Room, City of Denton Service Center,
9 901-A Texas Street, Denton.
10
11 Present: Vice Chair Dick Smith, George Hopkins, Bill Cheek, John Baines (arrived at 9:13
12 a.m.), Phil Gallivan and Bob Bland
13
14 Absent: Chair Charldean Newell (excused)
15
16 Ex Officio Member:
1 7 Present: Howard Martin, Interim City Manager
18
19 Vice Chair Dick Smith announced that a quorum was present and convened a closed
20 meeting at 9:03 a.m. to consider the following agenda items under the provision of ~551.071
21 and ~551.072 of the Texas Government Code.
22
23 A. DELIBERATIONS REGARDING REAL PROPERTY ---Under Texas Government
24 Code S551.072; and CONSULTATION WITH ATTORNEY --- Under Texas
25 Government Code S551.071.
26
27 1. Receive a confidential presentation by staff regarding the value of real estate and the
28 proposed Agreement by and between Robson Denton Development, L.P. an Arizona
29 Limited Partnership and the city regarding its taking and acquisition of four (4) tracts or
30 parcels of land being 3.004 acres, 0.790 acres, 1.300 acres and .0671 acre tracts of land,
31 together with appurtenances and improvements thereon, said tracts being located within
32 the E. Pizano Survey, Abstract No. 994 and the B.B.B. & C.R.R Co. Survey, Abstract
33 No. 158, in the City of Denton, Denton County, Texas; which tracts of land are believed
34 to be currently owned by Petrus Investments, L.P. and Robson/35W Investors, L.P.; said
35 acquisition being for the fee simple title together with construction easements regarding
36 such realty. Receive legal advice from the City Attorney or his staff concerning legal
37 issues involved regarding the acquisition or exaction of such tracts of real property,
38 wherein his professional responsibility to the Board requires a private legal consultation.
39
40 2. Receive a confidential presentation by staff regarding the value of real estate and
41 the city's taking or acquisition of three (3) tracts or parcels of land being 3.000 acres,
42 0.789 acres and 1.300 acres of land, together with appurtenances and improvements
43 thereon, said tracts being located within the E. Pizano Survey, Abstract No. 994 and the
44 B.B.B. & C.R.R Co. Survey, Abstract No. 158, in the City of Denton, Denton County,
45 Texas; and said tracts believed to be owned by Petrus Investments, L.P.; said acquisition
46 being for the fee simple title together with construction easements regarding such realty.
47 Receive legal advice from the City Attorney or his staff concerning legal issues involved
48 regarding the acquisition or condemnation of such tracts of real property, wherein his
49 professional responsibility to the Board requires a private legal consultation.
50
1 Public Utilities Board Minutes
2 July 10, 2006
3 Page 2 of2
4
5 3. Receive a confidential presentation by staff regarding the value of real estate and
6 the city's taking or acquisition of a tract or parcel of land being 0.671 acres of land,
7 together with appurtenances and improvements thereon, said tract being located within
8 the E. Pizano Survey, Abstract No. 994 and the B.B.B. & C.R.R Co. Survey, Abstract
9 No. 158, in the City of Denton, Denton County, Texas; and said tract believed to be
10 owned by Robson/35 West Investors, L.P.; said acquisition being for the fee simple title
11 together with construction easements regarding such realty. Receive legal advice from
12 the City Attorney or his staff concerning legal issues involved regarding the acquisition
13 or condemnation of such tract of real property, wherein his professional responsibility to
14 the Board requires a private legal consultation.
15
16 At 9: 17 a.m., the Vice Chair declared the Closed Meeting ended and announced that the
17 Public Utilities Board was thereafter in Open Session.
18
19 CONSENT AGENDA:
20 The Public Utilities Board has received background information, staff's recommendations, and
21 has had an opportunity to raise questions regarding these items prior to consideration.
22
23 1) Consider recommending approval of the proposal from Andritz-Ruthner, Inc., for
24 refurbishment of the belt presses at the Pecan Creek Water Reclamation Plant in an amount
25 not to exceed $160,000.
26
27 2) Consider recommending approval of Bid No. 3488 for construction of sanitary sewer
28 manholes by the low bidder Lone Star Manhole & Structures, LLC, in an amount not to
29 exceed $60,000.
30
31 3) Consider recommending approval of a proposed Agreement by and between the city and
32 Robson Denton Development, L.P. regarding the city's acquisition by purchase or
33 condemnation of approximately 5.16 acres of land, situated in the E. Pizano Survey, Abstract
34 No. 994 and the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton
35 County, Texas; by and between the city and Robson Denton Development, L. P.; for
36 purposes of acquiring said real property for a public water line, water facilities and related
37 appurtenances.
38
39 4) Consider recommending approval of the city's acquisition by purchase or condemnation of
40 approximately 5.089 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and the
41 B.B.B. & C. RR. Survey, Abstract No. 158, City of Denton, Denton County, Texas; believed
42 to be owned by Petrus Investments, L.P.; for purposes of acquiring said real property for a
43 public water line, water facilities and related appurtenances.
44
45 5) Consider recommending approval of the city's acquisition by purchase or condemnation of
46 approximately 0.0671 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and
47 the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton County, Texas;
48 believed to be owned by Robson/35 West Investors, L.P.; for purposes of acquiring said real
49 property for a public water line, water facilities and related appurtenances.
50
51
1
2 Public Utilities Board Minutes
3 July 10, 2006
4 Page 2 of3
5
6 Board Member Phil Gallivan moved to approve Items 1 through 5 with a second from
7 Board Member George Hopkins. The motion was approved by a vote of 6-0.
8
9 ITEMS FOR INDIVIDUAL CONSIDERATION:
10
11 7) Consider recommending approval of payment to the Upper Trinity Regional Water District
12 for Denton's share of the Krum transmission pipeline in the amount of $461,244.15.
13
14 Board Member Bob Bland moved to approve with a second from Hopkins. The motion
15 was approved by a vote of 6-0.
16
17 9) Consider recommending approval of an amendment to the existing contract between R.W.
18 Beck, Inc., and the City of Denton to provide professional and engineering services for the
19 City of Denton in an amount not to exceed $665,500.
20
21 Vance Kemler, Director of Solid Waste, reviewed past history of this project noting that two of
22 three tasks approved by Council in May were completed and that work on Task 3A - 3D was
23 underway. The balance of Task 3 services, 3E and 3F, will include engineering quality control
24 and assurance (QC/QA) during cell construction, ongoing project inspections, and once
25 completed, RW Beck will submit the required permit and liner reports to the TCEQ. Task 4
26 provides for the conceptual design of Phase III as a biotech landfill, and the completion of a
27 preliminary design report. Task 5 provides for the updating of the city's landfill permit to
28 accommodate biotech processes. Task 6 provides for long term master planning to determine if
29 current acreage owned by the city is suitable for the additional land filling of waste. Task 7
30 provides for the design and QC/QA of a new citizens collection station at the landfill.
31
32 Hopkins asked if there was an estimated total construction cost for the project. Kemler stated
33 that he did not have those figures at this time, but that design and engineering costs of cells 3A-
34 3B should account for approximately 10% of the construction cost. Hopkins stated he was
35 sensitive to the engineering costs and would like to see less of them. Kemler indicated that he
36 believed that percentage to be reasonable to the current market.
37
38 Bland moved to approve with a second from Cheek. The motion was approved by a vote of
39 6-0.
40
41 The meeting was adjourned by consensus at 11:22 a.m.
42
43
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
DEP ARTMENT:
Materials Management
ACM:
Jon Fortune
=-
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure
of funds for payments by the City of Denton for electrical energy transmission fees to those
cities and utilities providing energy transmission services to the City of Denton; and
providing an effective date (File 3538-2006 Electrical Energy Transmission Fees in the total
amount of $124,600). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
There are two purchase orders exceeding $25,000 that reflect the 2006 Net Wholesale
Transmission Final Matrix cost of transmission of electrical energy from the generation
source to the Denton Municipal Electric Distribution System for July 2006 through
September 2006. The purchase orders are for payment of a fee imposed by the Public Utility
Commission of Texas (PUCT) for planned transmission services of energy delivered to the
City of Denton. The Public Utility Regulatory Act of 1995 (PURA 95) required the
development of a new, statewide mechanism for electric transmission service in Texas.
PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters related to
transmission. As a result, the Denton Municipal Electric Utility has been ordered by the
PUCT to pay various other electric utilities in the State specific amounts. The subject
purchase orders provide the City of Denton the authority required by the City Charter to
make those payments. These purchase orders will encumber funds estimated as costs for
services through September 30, 2006. No funds will actually be spent until invoices are
received, reviewed, and approved.
RECOMMENDA TION
We recommend approval as follows:
Lower Colorado River Authority
Texas Municipal Power Agency
$ 97,600
$ 27~000
$124,600
Agenda Information Sheet
July 18, 2006
Page 2
PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its June 29, 2006 meeting.
PRINCIPAL PLACE OF BUSINESS
Texas Municipal Power Agency
Bryan, TX
Lower Colorado River Authority
Austin, TX
FISCAL INFORMATION
Funds to meet these regulatory fee obligations were budgeted in 2005-2006 budget account
600400.6072.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
l-AIS-File 3538
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THOSE CITIES AND UTILITIES PROVIDING ENERGY
TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE
DATE (FILE 3538-2006 ELECTRICAL ENERGY TRANSMISSION FEES IN THE TOTAL
AMOUNT OF $124,600).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to the listed utilities
set forth in Exhibit "A"; and
WHEREAS, the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of $124,600 to be paid to the Listed
Utilities in the specified amount shown on Exhibit "A", which is attached hereto and made a part of
this ordinance for all purposes, is hereby authorized.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 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 3538
EXHIBIT "A"
Lower Colorado River Authority
Texas Municipal Power Agency
Total
$ 97,600
$ 27~000
$124,600
1 AGENDA
2 PUBLIC UTILITIES BOARD
3 June 29, 2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Presiding Officer will convene an Open Meeting on Thursday, June 29, 2006, at 9:00
7 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street,
8 Denton, Texas to consider the specific agenda items listed below under the Open Meeting
9 section of this agenda:
10
11 Present: Chair Newell, George Hopkins, Dick Smith, Bill Cheek, John Baines and Phil Gallivan
12
13 Absent: Bob Bland, excused
14
15 Ex Officio Member:
16 Howard Martin, Interim City Manager
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21 The Public Utilities Board has received background information, staff's recommendations, and
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 1) Consider recommending adoption of an ordinance authorizing the expenditure of funds for
25 payments by the City of Denton for electrical energy transmission fees to those cities and
26 utilities providing energy transmission services to the City of Denton; (File 3538-2006
27 Electrical Energy Transmission Fees in the total amount of$124,600).
28
29 2) Consider recommending approval of a Professional Services Agreement for Architect or
30 Engineer between the City of Denton and Kimley-Horn and Associates, Inc., in the amount
31 of $144,500 for Engineering Services associated with the Roselawn Water Line project.
32
33 3) Consider recommending approval of Bid #3520 for Wainwright PEC-4 Channel Temporary
34 Shoring to Craig Olden, Incorporated, in the amount of$33,616.
35
36 Board Member George Hopkins moved to approve with a second from Board Member
37 John Baines. The motion was approved by a vote of 6-0.
AGENDA INFORMATION SHEET
AGENDA DATE: July 18, 2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to accept an Interlocal
Agreement with Collin County, Texas to authorize participation in various City of Denton
contracts for the purchase of various goods and services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 3535-Interlocal Agreement with Collin County,
Texas).
FILE INFORMATION
The Interlocal Cooperative Act, V.T.C.A. Government Code Chapter 791, authorizes respective
participating governments to enter into joint contracts and agreements for the purchase of
necessary materials, supplies, and services. Over the past several years, the City of Denton and
other entities have entered into cooperative purchasing agreements that have been highly
beneficial to the taxpayers through anticipated savings. This agreement is an authorization of
Collin County to participate in contracts awarded by the City of Denton and will remain in effect
until terminated by either party.
This Interlocal Agreement will allow Collin County to utilize contracts for supplies and services
competitively bid by the City of Denton, Texas.
RECOMMENDA TION
Approve the Interlocal Agreement between the City of Denton and Collin County.
PRINCIPAL PLACE OF BUSINESS
Collin County
Collin County, Texas
ESTIMATED SCHEDULE OF PROJECT
This agreement is effective upon approval by the City of Denton, Texas and will remain in effect
until terminated by either party.
Agenda Information Sheet
July 18, 2006
Page 2
FISCAL INFORMATION
There is no fiscal impact on the City of Denton's budget.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
l-AIS-File 3535
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY, TEXAS TO AUTHORIZE PARTICIPATION IN
VARIOUS CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS
AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
DECLARING AN EFFECTIVE DATE (FILE 3535-INTERLOCAL AGREEMENT WITH
COLLIN COUNTY, TEXAS).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with Collin County under Section
271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by
reference herein (the "Agreement").
SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
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:
COURT ORDER NO. 2006- i..-J lp{p
-05-30
THE STATE OF TEXAS
COUNTY OF COLLIN
AGREEMENTS
INTERLOCAL COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF DENTON
PURCHASING
On May 30, 2006, the Commissioners Court of Collin County, Texas, met in regular session
with the following members present and participating, to wit:
Ron Harris
Phyllis Cole
Jerry Hoagland
Joe Jaynes
Jack Hatchell
County Judge, Presiding
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
During such session the court considered a request for approval of the Interlocal Cooperative
Purchasing Agreement with the City of Denton (Agreement No. 05085-06).
Thereupon, a motion was made, seconded and carried with a majority vote of the court
authorizing the Interlocal Cooperative Purchasing Agreement with the City of Denton
(Agreement No. 05085-06) for various purchases of goods and services per VTCA
Government Code, Chapter 791. Same is hereby approved as per the attached
documentation.
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\\Chdata\User_Data\Commissioner Court\shepherdge\1Word Data\Court 2006\CQURT ORDERS\05-30-06 Court\Signed Court Orders\24472 - Cooperative Purchasing Agreement Cot
Denton 0530. doc
Agreelnent No. 05085-06
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN CITY OF DENTON, TEXAS AND COLLIN COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
day of
, 2006,
THIS AGREEMENT is made on the
bet\veen the City of Dento-n, and Collin County; each referred to herein as p-articipating
governments.
WHEREAS, the respective participating govermnents are authorized by the
lnterlocal Cooperation Act, V.T.e.A. Goverrnnent Code, Chapter 791, to enter into joint
COl1tracts and agreements for the perfonnance of governmental functions and services
including administrative functiollS normally associated with the operation of government
such as purchasing of necessary nlaterials and supplies;
WHEREAS, it is the desire of the aforesaid paliicipating governments to cOlnply
with and further the policies and purpose of the Interlocal Cooperation Act;
WHEREAS, the participating governments cannot normally obtain the best
possible purchase price for materials and supplies acting individually and without
cooperation; and
WHEREAS, it is deemed in the best interest of all participating governments that
said governments do enter into a mutually satisfactory agreement for the purchase of
certain materials and supplies;
WHEREAS, the parties, in performing governmental functions or in paying for
the perfonnance of governmental functions hereunder shall make that performance or
those payments from current revenues legally available to that party;
NOW, THEREFORE, the parties hereto, in consideration of the l11utual covenants
and conditions contained herein and pursuant to the authority permitted under the
lnterlocal Cooperation Act, promise and agree as follows:
I.
Purpose
The purpose of this Agreement is to authorize participation of Collin County in
various contracts for the purchase of various goods and services. Participation in this
cooperative program will be highly beneficial to the taxpayers of Collin County through
anticipated savings to be realized.
Agreement No. 05085-06
II.
Duration of Agreement
This Agreelnent shall be in effect from the date of execution until terminated by
either party to the agreement.
III.
Relationship of Parties
It is agreed that Collin County, in receiving products and/or services specified in
this agreement, shall act as an independent purchaser and shall have control of its needs
and the manner in which they are acquired. Neither Collin County, its agents, elnployees,
volunteer help or any other person operating under this contract shall be considered an
agent or employee of the City of Denton and shall not be entitled to participate in any
pension plans or other benefits that the City of Denton provides its employees.
The City of Denton shall notify all participating entities of available contracts to
include terms of contract, commodity cost, contact names and addresses. The City of
Denton shall keep participating governments informed of all changes to the Cooperative
Purchasing list of contracts.
Nothing in this agreement shall prevent any participating government from
accepting and awarding bids for commodities subject to this agreement individually and
in its own behalf.
Tom D. Shaw, C.P.M., Purchasing Agent is hereby designated as the official
representative to act for the City of Denton in all matters relating to this agreement.
IV.
Purchase of Goods and Services
All products and services shall be procured by the City of Denton in accordance
with procedures governing competitive bids and competitive proposals.
The participating government will be able to purchase from those contracts
established by the City of Denton where notice has been given in the specifications and
successful bidder has accepted tenus for Cooperative Purchasing Agreements for local
governments.
The participating governments hereto agree that the ordering of products and
services through this agreeluent shall be their individual responsibility and that the
successful bidder or bidders shall bill each participating government directly, or as
deemed advantageous to both participating governments.
The participating governments agree to pay successful bidders or anticipating
governments directly for all products or services received from current revenues available
Agreement No. 05085-06
for such purchase. Each participating government shall be liable to the successful bidder
only for products and services ordered by and received by it, and shall not by the
execution of this agreement assume any additional liability.
The City of Denton does not warrant and is not responsible for the quality or
delivery of products or services from successful bidder. The participating government
shall receive all warranties provided by successful bidder for the products or services
purchased.
In the event that any dispute arises between individual participating governlnent
and a successful bidder, the same shall be handled by and between the participating
government body and the bidder.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers thereon the day and the year first above written.
CITY OF DENTON
COLLIN COUNTY
By: Howard Martin
Interim City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: July 18,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
ACM:
Jon Fortune .
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for paving improvements to Vintage Parkway; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3518-Vintage Parkway Paving Improvements
awarded to Jagoe-Public Company in an amount not to exceed $1,314,007.25). This project was
approved by the voters of Denton in the bond election held on January 15,2000.
BID INFORMATION
The Vintage Parkway Paving Improvements project was funded in 2003 as part of the Capital
Improvements Program for the purpose of constructing an extension of Vintage Parkway from
Bonnie Brae Street to U.S. Highway 377.
The project consists of constructing approximately 4,600-feet of new roadway with a 25-feet
wide landscaped median and one lane of travel in each direction. Three median openings, six
left turn lanes and six asphalt street connections are also being built as part of the project to serve
the new Meadows at Hickory Creek subdivision east of Bonnie Brae Street. Left turn lanes
within Vintage Parkway are also being constructed at Bonnie Brae Street and U.S. Highway 377.
This project also includes approximately 900-feet of improvements to U.S. Highway 377 within
State right-of-way including a southbound right turn lane, a northbound left turn lane and a
passing/through lane to serve the new Vintage Parkway connection.
Bids for the construction phase of this project were received on June 15, 2006. Each bidder was
asked to submit a cost for one or both of the following two alternate pavement section options:
· Alternate Paving Section Option 1: 12" Reinforced Portland Cement Concrete
· Alternate Paving Section Option 2: 12" HMAC with 6-Inch Curb and Gutter
There were three bidders for this project. Bids ranged from $1,314,007.25 to $1,449,000 for
Alternate Paving Section Option 1 and from $1,102,830.25 to $1,480,875.95 for Alternate
Paving Section Option 2. The bid summary is submitted as Attachment 1 with this request.
Staff recommends construction of Alternate Paving Section Option 1.
Agenda Information Sheet
July 18, 2006
Page 2
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
Ordinance number 2006-145 passed by City Council on May 16, 2006 approving a public at-
grade railroad crossing agreement between the City of Denton and the Union Pacific Railroad
associated with this project.
RECOMMENDATION
Award Alternate Paving Section Option 1 to Jagoe-Public Company in an amount not to exceed
$1,314,007.25.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
STAFF COST ESTIMATE
The engineer's opinion of probable construction cost for this project was $1,820,000 for
Alternate Paving Section Option 1 and $1,640,000 for Alternate Paving Section Option 2.
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin in August 2006 with an estimated completion date of
December 2006.
FISCAL INFORMATION
Funding for this project will come from U.S. 377 Alternate / Vintage Parkway account
350104442.
Respectfully submitted:
~~tCLS-
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AIS-Bid 3518
Bid #3518
Date: 6/15/06
Vintage Parkway Paving Improvements
Attachment 1
Jagoe-Public JRJ Paving, LP Ed Bell Construction
Company Co.
Principle Place of Business: Denton, TX Denton, TX Dallas, TX
1 Total Base Bid with Paving Section $1,314,007.25 $1,440,681.60 $1,449,000.00
Option 1
2 Total Base Bid with Paving Section $1,103,430.25 $1,480,876.70 $1,427,455.00
Option 2
Bid Bond yes yes yes
ADDENDUM(S) yes yes yes
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR PAVING IMPROVEMENTS TO VINTAGE PARKWAY; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3518-VINTAGE PARKWAY PAVING IMPROVEMENTS AWARDED TO JAGOE-PUBLIC
COMPANY IN AN AMOUNT NOT TO EXCEED $1,314,007.25).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
3518
CONTRACTOR
Jagoe-Public Company
AMOUNT
$1,314,007.25
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-3518
AGENDA INFORMATION SHEET
AGENDA DATE: July 18, 2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Janet Fitzgerald 349-8274
ACM:
Jon Fortune II
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for improvements to the City of Denton Civic Center Pool; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3519-Civic Center Pool
Improvements awarded to Robertson Commercial Pools, Inc. in the amount of $89,507 for
Contract lA and Sunbelt Pools, Inc. in the amount of $97,544 for Contract lC for a total award
of$187,051).
BID INFORMATION
This bid is for the installation of a new 92-foot long, 36-inch diameter open flume water slide at
the Civic Center Park Pool. This water slide will replace a similar aging unit, which is currently
in use at the Pool. Contract lA of the bid is for the purchase of the water slide and installation.
Contract 1 C is for the foundation, plumbing, pump and electrical connections to the slide.
RECOMMENDA TION
Award Contract lA to Robertson Commercial Pools, Inc, in the amount of $89,507 and Contract
1 C to Sunbelt Pools, Inc. in the amount of $97,544.
PRINCIPAL PLACE OF BUSINESS
Robertson Commercial Pools, Inc.
Coppell, TX
Sunbelt Pools, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Installation of the new water slide is estimated to be completed by March 2007.
FISCAL INFORMATION
This project will be funded from account 400066451.1365.40100.
Agenda Information Sheet
July 18, 2006
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 :Bid Tabulation
Attachment 2: Memo from Janet Fitzgerald, Director of Parks and Recreation
1-AIS-Bid 3519
.
Attachment 1
Bid #3519
DATE: 6/20/06
Civic Center Swimming Pool Renovation
DESCRIPTION
Principle Place of Business:
CONTRACT A
1A
Furnish all labor, materials, equipment,
superintendence, insurance, and all other
incidentals for the manufacture, delivery,
unloading, protection, installation (excluding slide
foundations) and cleanup of the 15.0-foot slide
platform with 36-inch diameter open flume water
slide according to the Plans, complete and in place
Robertson
Commercial
Pools, Inc.
Coppell, TX
$89,507.00
Furnish all labor, materials, equipment,
superintendence, insurance, and all other
incidentals for the maufacture, delivery, unloading,
1B protection, installation (excluding slide foundations) $62,995.00
and cleanup of the single flume drop slide (tower
height = 12'-10") according to the Plans, complete
and in place
Estimated days for delivery after purchase
authorization
CONTRACT B
Estimated days for delivery after purchase
authorization
CONTRACT C
1C
Furnish all labor, materials, equipment,
superintendence, insurance, and all other
incidentals for the construction/installation of all
slide foundations, plumbing, pumps, electrical,
plumbing connection to waterslide, etc. (excluding
slide delivery, unloading and installation of slide
tower, stairs and flume sections) for the 15.0-foot
slide platform with 36-inch diameter open flume
water slide according to the Plans, complete and in
place
DEDUCT ALTERNATE - CONTRACT C
2C
If the electrical wiring and conduit to the existing
waterslide pump are found adequate for reuse,
DEDUCT from Contract 'c' for reusing this existing
conduit and wiring for the new pump motor as
indicated on the Plans
$124,500.00
($600.00)
Sunbelt Pools,
Inc.
Dallas, TX
$114,762.00
120
$60,952.00
120
$97,544.00
($3,657.00)
.
Attachment 1
Bid #3519
DATE: 6/20/06
Civic Center Swimming Pool Renovation
DESCRIPTION
Principle Place of Business:
ADD ALTERNATE - CONTRACT C
3C
Furnish all labor, materials, equipment,
superintendence, insurance, and all other
incidentals for the construction/installation of all
slide foundations, plumbing, pumps, electrical,
plumbing connection to water slide, etc. (excluding
slide delivery, unloading and installation of slide
tower, stairs and flume sections) required for
construction of the single flume drop slide (tower
height = 12'-10") according to the Plans, complete
and in place
BID BOND
Robertson
Commercial
Pools, Inc.
Coppell, TX
$18,637.00
yes
Sunbelt Pools,
Inc.
Dallas, TX
$9,850.00
*Price for 3C
assumes that 1C
has been
accepted.
yes
Attachment 2
CITY 0 F DENTON TEXAS
321 E.McKJN"NEY -DENTON,TEXAS 76201
PARKS & RECREA TDN DEPARTM ENT
(94 0) 3 4 9 -PAR K - FAX (9 4 0) 3 4 9 -8 3 8 4
Memorandum
Date:
July 7, 2006
To:
Mayor Perry McNeill
And Members of the City Council
Janet Fitzgerald, Director ::}i(:
Parks and Recreation Department/~::
From:
Subject:
Civic Center Pool Water Slide Renovation, Bid #3519
The Parks and Recreation Department solicited bids a second time on June 20, 2006 for the
installation of a 92-foot long, 36-inch diameter open flume water slide at the Civic Center Pool
to replace the existing slide. This project was approved by voters in the 2005 Bond Program.
The first bid was in January 2006, with only one bidder responding with a bid amount $100,000
over budget. The equipment specifications and bid was restructured to provide the City with
more flexibility in choosing the best pricing and options. Contract lA of the bid was for the
purchase of the water slide and installation of the structure. Contract B was for an optional small
drop slide. It is not being accepted. Contract 1 C was for the foundation, plumbing, pump and
electrical connections to the slide.
Staff is recommending to award Contract lA to Robertson Commercial Pools, Inc, Coppell, TX
in the amount of $89,507 for the provision and installation of the slide structure and Contract 1 C
to Sunbelt Pools, Inc. Dallas, TX for the foundation, plumbing, pump and electrical connections
in the amount of $97,544 for a total amount of$187,051.00.
The slide project total amount is again over the CIP budgeted amount for construction of
$164,160.00 by $22,891.00. Staff is recommending that savings from the Civic Center/Avondale
Park Equipment project be transferred to allow construction of the slide project.
- . ~ .... '!'" -; ~ .. '. ~
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. .. . . on ~"'.'.r .;:~~.~~~ ...~:: ~ ::~ . . I ~:;.~ or: _. .. ~~~ I~ :
National Excellence in Aquatics Award
Attachment 2
This recommendation will be made to the Parks, Recreation and Beautification Board on July 10,
2006, then forwarded to the 2004-09 Capital Improvement Projects Oversight committee for
review and approval at their next meeting.
- . ~ .... '!'" -; ~ .. '. ~
:: -: .::::-:t:..:J.....
. .. . . on ~"'.'.r .;:~~.~~~ ...~:: ~ ::~ . . I ~:;.~ or: _. .. ~~~ I~ :
National Excellence in Aquatics Award
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR IMPROVEMENTS TO THE CITY OF DENTON CIVIC CENTER POOL;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3519-CIVIC CENTER POOL IMPROVEMENTS AWARDED TO
ROBERTSON COMMERCIAL POOLS, INC. IN THE AMOUNT OF $89,507 FOR CONTRACT
lA AND SUNBEL T POOLS, INC. IN THE AMOUNT OF $97,544 FOR CONTRACT lC FORA
TOTAL AWARD OF $187,051).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
ITEM
CONTRACTOR
AMOUNT
3519
3519
lA
lC
Robertson Commercial Pools, Inc.
Sunbelt Pools, Inc.
$89,507
$97,544
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-Bid 3519
Draft
Parks, Recreation and Beautification Board
Minutes
July 10, 2006
Members present: Jo Kuhn, Allyson Coe, Geri Aschenbrenner and Patrice Lyke. Members absent:
Teresa Andress, Ross Richardson and Reggie Heard. Staff present: Janet Fitzgerald, Bob Tickner,
Emerson V orel, John Whitmore, Janie McLeod, Amanda Green and Cindy Mayo.
Vice President Jo Kuhn called the meeting to order at 6:00 p.m.
Awards and Recognitions - Jo presented Geri Aschenbrenner with a plaque on behalf of the
board's appreciation for her years of service on the board.
Oath of Office - Allyson Coe was administered the Oath of Office and sworn in as a new board
member.
Approval of Minutes of May 1, 2006. The minutes stood as presented.
ACTION ITEMS
Naming of the Dog Park - Geri said the naming committee had met and reviewed the citizens
recommended names for the new dog park. The committee recommended naming the park
"Wiggly Field at Lake Forest Park". Geri made the motion and Patrice seconded the motion. The
motion was passed by a vote of 4-0.
Civic Center Pool Renovations - Janet said the Civic Center slide has been to bid two times and
came back approximately $100,000 over budget the first time. In June, the bid was restructured and
came in at $22,891 over budget for a total amount of$187,051.00. Staff is not recommending that
this project be put out for bid again and that savings from the Civic Center / Avondale Park
Playgrounds project be transferred to make up the balance, and that it will not impact the
playground projects that are under construction. Janet reported that when the CIP Oversight
Committee meets that this recommendation will be made to the committee as well.
Action: Patrice made a motion that funding from savings in the Civic Center / Avondale Park
Playgrounds project be used to allow construction of the Civic Center Pool slide project. Allyson
seconded the motion and it was approved by a 4-0 vote.
Proposed Gas Pipe Line License Agreement Lake Forest Park - Bob said NGG Gathering
Company has requested a license agreement to locate a natural gas transmission line across the
frontage of Lake Forest Park on the south side of Ryan Road. NGG will bore under a 468.8 foot
by 25 foot section of the park in order to protect trees and vegetation in the park. There would
be no major impact on current park operations or programs. Bob stated that this request is
consistent with requirements of the Chapter 26, Texas Parks and Wildlife Code.
Action: Geri made a motion to recommend approval of a license agreement at Lake Forest Park
for a natural gas pipeline and that the site be protected including the trees and vegetation.
Allyson seconded the motion and it was approved by a vote of 4-0.
- 1 -
Draft
Proposed Off-Site Gas Well Leasing of Cross Timbers Park - Bob said that interest has been
shown in off-site sub-surface use of Cross Timbers Park to drill for oil and natural gas deposits.
There would be no major impact on current park operations or programs. Bob stated that this
request is consistent with Chapter 26 of the Texas Parks and Wildlife Code requirements. He
added that if the proposed oil and gas leases are allowed, a value must be placed on the acreage
used and charged to the gas companies. Compensation to the City of Denton will be determined
per the City Councils direction.
Action: Allyson made a motion to approve the use of Cross Timbers Park for off-site oil and gas
leasing and that there be no major impact on current park operations or programs. Jo seconded
the motion and it was approved by a vote of 4-0.
DISCUSSION ITEMS
Proposed Parade Cleaning Deposits - Janet said that staff has been dealing with complaints for
several years from the merchants around the square about the litter and animal droppings after
parades. Staff is in the process of working with merchants, parade organizers and other impacted
departments to develop a recommendation to bring to the board and Council, including a deposit
is parade litter and debris is not removed after an event.
DIRECTOR'S REPORT
Audit Committee - Janet said the Audit Committee has been reviewing the long-range financial
forecast of the City and additional issues related to the development of the FY 2006-07 budget.
She reviewed the following budget issues with the Board: Parks and Recreation Department
Funding Overview, Administrative Charges in the Recreation Fund, Transfer of the Civic Center
Pool budget to General Fund, Facility Identification Card System, and Energy Saving Equipment
for Recreation Centers.
Project Status Report - Bob said that existing Avondale Playground equipment had been
demolished today and the new equipment should be installed by September.
There being no further business, the meeting was adjourned at 6:54 p.m.
- 2 -
AGENDA INFORMATION SHEET
AGENDA DATE: July 18, 2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349- 7194
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
installation of manholes for the City of Denton Water/Wastewater Department; providing for the
expenditure of funds therefor; and providing for an effective date (Bid 3488-Monolithic Poured
Concrete Manhole Installation awarded to lowest responsible bidder meeting specifications,
Lone Star Manhole and Structures, LLC, in an amount not to exceed $60,000). The Public
Utilities Board recommends approval (6-0).
BID INFORMATION
The Wastewater Collection Department does construction of small sewer rehabilitation,
infiltration/inflow related and emergency projects for laying sewer lines and manholes. For
manhole installation, the Department does the excavation work and then uses an outside
contractor for shoring, pouring of concrete and finish out of the manhole construction. These
projects are ongoing and are located citywide.
This bid is for the concrete work for construction of manholes. During the course of one year, an
estimated 50 manholes will be constructed or rehabilitated. To account for extra depth beyond 6-
feet, and larger 5- and 6-foot diameter manhole construction, staff is budgeting $60,000 for the
manhole contract.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its July 10, 2006 meeting.
RECOMMENDA TION
Award to the lowest responsible bidder meeting specifications, Lone Star Manhole and
Structures, LLC in the estimated amount of $60,000. The bid specifications required that prices
submitted shall be good for one year. Harrison Structures Inc. guaranteed prices for only 30
days; therefore their bid did not meet specifications.
PRINCIPAL PLACE OF BUSINESS
Lone Star Manhole and Structures, LLC
Garland, TX
Agenda Information Sheet
July 18, 2006
Page 2
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract that can be renewed for additional one-year periods with all pricing
and conditions remaining the same.
FISCAL INFORMATION
Funding for this item will be charged to a specific project account for each job location.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
l-AIS-Bid 3488
Attachment 1
BID #3488
DATE: 5/2/06
ANNUAL CONTRACT FOR INSTAllATION OF MONOLITHIC
POURED CONCRETE MANHOLES
DESCRIPTION
VENDOR
VENDOR
lone Star
Harrison
Manhole &
Structures, Inc.
Structures, llC
Principle Place of Business:
Forney, TX
Garland, TX
Estimated combined quantity (4', 5' & 6') is approximately *Pricing firm
50 individual installations per year for 30 days
4' Dia. Manhole 0-6' Depth $800.00 $800.00
1A 4' Dia. Extra Verticle Ft. $85.00 $90.00
1B 4' Dia. Flat Top $195.00 $125.00
2 5' Dia. Manhole 0-6' Depth $1,250.00 $1,260.00
2A 5' Dia. Extra Verticle Ft. $135.00 $125.00
2B 5' Dia. Flat Top $325.00 $195.00
3 6' Dia. Manhole 0-6' Depth $2,100.00 $2,085.00
3A 6' Dia. Extra Verticle Ft. $235.00 $195.00
3B 6' Dia. Flat Top $450.00 $330.00
SHIPMENT 1 day 1-2 days
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE INSTALLATION OF MANHOLES FOR THE CITY OF DENTON
WATER/WASTEWATER DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3488-MONOLITHIC
POURED CONCRETE MANHOLE INSTALLATION AWARDED TO LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATIONS, LONE STAR MANHOLE AND STRUCTURES, LLC,
IN AN AMOUNT NOT TO EXCEED $60,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3488
Lone Star Manhole and Structures, LLC
$60,000
SECTION 2. City Council finds the bids submitted by Harrison Structures, Inc. did not meet
specifications and are therefore rejected.
SECTION 3. 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 4. 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 5. 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 6. 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 3488
3
Exhibit A
BID #3488
DATE: 5/2/06
ANNUAL CONTRACT FOR INSTAllATION OF MONOLITHIC
POURED CONCRETE MANHOLES
DESCRIPTION
Principle Place of Business:
Estimated combined quantity (4', 5' & 6') is approximately
50 individual installations per year
4' Dia. Manhole 0-6' Depth
1 A 4' Dia. Extra Verticle Ft.
1 B 4' Dia. Flat Top
2 5' Dia. Manhole 0-6' Depth
2A 5' Dia. Extra Verticle Ft.
2B 5' Dia. Flat Top
3 6' Dia. Manhole 0-6' Depth
3A 6' Dia. Extra Verticle Ft.
3B 6' Dia. Flat Top
SHIPMENT
VENDOR
lone Star
Manhole &
Structures, llC
Garland, TX
$800.00
$90.00
$125.00
$1,260.00
$125.00
$195.00
$2,085.00
$195.00
$330.00
1-2 days
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 July 10, 2006
4
5
6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
7 present, the Vice-Chair of the Public Utilities Board convened a Closed Meeting on Monday,
8 July 10, 2006 at 9:03a.m. in the Service Center Training Room, City of Denton Service Center,
9 901-A Texas Street, Denton.
10
11 Present: Vice Chair Dick Smith, George Hopkins, Bill Cheek, John Baines (arrived at 9:13
12 a.m.), Phil Gallivan and Bob Bland
13
14 Absent: Chair Charldean Newell (excused)
15
16 Ex Officio Member:
1 7 Present: Howard Martin, Interim City Manager
18
19 Vice Chair Dick Smith announced that a quorum was present and convened a closed
20 meeting at 9:03 a.m. to consider the following agenda items under the provision of ~551.071
21 and ~551.072 of the Texas Government Code.
22
23 A. DELIBERATIONS REGARDING REAL PROPERTY ---Under Texas Government
24 Code S551.072; and CONSULTATION WITH ATTORNEY --- Under Texas
25 Government Code S551.071.
26
27 1. Receive a confidential presentation by staff regarding the value of real estate and the
28 proposed Agreement by and between Robson Denton Development, L.P. an Arizona
29 Limited Partnership and the city regarding its taking and acquisition of four (4) tracts or
30 parcels of land being 3.004 acres, 0.790 acres, 1.300 acres and .0671 acre tracts of land,
31 together with appurtenances and improvements thereon, said tracts being located within
32 the E. Pizano Survey, Abstract No. 994 and the B.B.B. & C.R.R Co. Survey, Abstract
33 No. 158, in the City of Denton, Denton County, Texas; which tracts of land are believed
34 to be currently owned by Petrus Investments, L.P. and Robson/35W Investors, L.P.; said
35 acquisition being for the fee simple title together with construction easements regarding
36 such realty. Receive legal advice from the City Attorney or his staff concerning legal
37 issues involved regarding the acquisition or exaction of such tracts of real property,
38 wherein his professional responsibility to the Board requires a private legal consultation.
39
40 2. Receive a confidential presentation by staff regarding the value of real estate and
41 the city's taking or acquisition of three (3) tracts or parcels of land being 3.000 acres,
42 0.789 acres and 1.300 acres of land, together with appurtenances and improvements
43 thereon, said tracts being located within the E. Pizano Survey, Abstract No. 994 and the
44 B.B.B. & C.R.R Co. Survey, Abstract No. 158, in the City of Denton, Denton County,
45 Texas; and said tracts believed to be owned by Petrus Investments, L.P.; said acquisition
46 being for the fee simple title together with construction easements regarding such realty.
47 Receive legal advice from the City Attorney or his staff concerning legal issues involved
48 regarding the acquisition or condemnation of such tracts of real property, wherein his
49 professional responsibility to the Board requires a private legal consultation.
50
1 Public Utilities Board Minutes
2 July 10, 2006
3 Page 2 of2
4
5 3. Receive a confidential presentation by staff regarding the value of real estate and
6 the city's taking or acquisition of a tract or parcel of land being 0.671 acres of land,
7 together with appurtenances and improvements thereon, said tract being located within
8 the E. Pizano Survey, Abstract No. 994 and the B.B.B. & C.R.R Co. Survey, Abstract
9 No. 158, in the City of Denton, Denton County, Texas; and said tract believed to be
10 owned by Robson/35 West Investors, L.P.; said acquisition being for the fee simple title
11 together with construction easements regarding such realty. Receive legal advice from
12 the City Attorney or his staff concerning legal issues involved regarding the acquisition
13 or condemnation of such tract of real property, wherein his professional responsibility to
14 the Board requires a private legal consultation.
15
16 At 9: 17 a.m., the Vice Chair declared the Closed Meeting ended and announced that the
17 Public Utilities Board was thereafter in Open Session.
18
19 CONSENT AGENDA:
20 The Public Utilities Board has received background information, staff's recommendations, and
21 has had an opportunity to raise questions regarding these items prior to consideration.
22
23 1) Consider recommending approval of the proposal from Andritz-Ruthner, Inc., for
24 refurbishment of the belt presses at the Pecan Creek Water Reclamation Plant in an amount
25 not to exceed $160,000.
26
27 2) Consider recommending approval of Bid No. 3488 for construction of sanitary sewer
28 manholes by the low bidder Lone Star Manhole & Structures, LLC, in an amount not to
29 exceed $60,000.
30
31 3) Consider recommending approval of a proposed Agreement by and between the city and
32 Robson Denton Development, L.P. regarding the city's acquisition by purchase or
33 condemnation of approximately 5.16 acres of land, situated in the E. Pizano Survey, Abstract
34 No. 994 and the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton
35 County, Texas; by and between the city and Robson Denton Development, L. P.; for
36 purposes of acquiring said real property for a public water line, water facilities and related
37 appurtenances.
38
39 4) Consider recommending approval of the city's acquisition by purchase or condemnation of
40 approximately 5.089 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and the
41 B.B.B. & C. RR. Survey, Abstract No. 158, City of Denton, Denton County, Texas; believed
42 to be owned by Petrus Investments, L.P.; for purposes of acquiring said real property for a
43 public water line, water facilities and related appurtenances.
44
45 5) Consider recommending approval of the city's acquisition by purchase or condemnation of
46 approximately 0.0671 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and
47 the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton County, Texas;
48 believed to be owned by Robson/35 West Investors, L.P.; for purposes of acquiring said real
49 property for a public water line, water facilities and related appurtenances.
50
51
1
2 Public Utilities Board Minutes
3 July 10, 2006
4 Page 2 of3
5
6 Board Member Phil Gallivan moved to approve Items 1 through 5 with a second from
7 Board Member George Hopkins. The motion was approved by a vote of 6-0.
8
9 ITEMS FOR INDIVIDUAL CONSIDERATION:
10
11 7) Consider recommending approval of payment to the Upper Trinity Regional Water District
12 for Denton's share of the Krum transmission pipeline in the amount of $461,244.15.
13
14 Board Member Bob Bland moved to approve with a second from Hopkins. The motion
15 was approved by a vote of 6-0.
16
17 9) Consider recommending approval of an amendment to the existing contract between R.W.
18 Beck, Inc., and the City of Denton to provide professional and engineering services for the
19 City of Denton in an amount not to exceed $665,500.
20
21 Vance Kemler, Director of Solid Waste, reviewed past history of this project noting that two of
22 three tasks approved by Council in May were completed and that work on Task 3A - 3D was
23 underway. The balance of Task 3 services, 3E and 3F, will include engineering quality control
24 and assurance (QC/QA) during cell construction, ongoing project inspections, and once
25 completed, RW Beck will submit the required permit and liner reports to the TCEQ. Task 4
26 provides for the conceptual design of Phase III as a biotech landfill, and the completion of a
27 preliminary design report. Task 5 provides for the updating of the city's landfill permit to
28 accommodate biotech processes. Task 6 provides for long term master planning to determine if
29 current acreage owned by the city is suitable for the additional land filling of waste. Task 7
30 provides for the design and QC/QA of a new citizens collection station at the landfill.
31
32 Hopkins asked if there was an estimated total construction cost for the project. Kemler stated
33 that he did not have those figures at this time, but that design and engineering costs of cells 3A-
34 3B should account for approximately 10% of the construction cost. Hopkins stated he was
35 sensitive to the engineering costs and would like to see less of them. Kemler indicated that he
36 believed that percentage to be reasonable to the current market.
37
38 Bland moved to approve with a second from Cheek. The motion was approved by a vote of
39 6-0.
40
41 The meeting was adjourned by consensus at 11:22 a.m.
42
43
AGENDA INFORMATION SHEET
AGENDA DATE: July 18, 2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349- 7194
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for
temporary shoring for the Wainwright PEC-4 Channel; providing for the expenditure of funds
therefor; and providing for an effective date (Bid 3520-Wainwright PEC-4 Channel Temporary
Shoring awarded to lowest responsible bidder, Craig Olden, Inc. in the amount of$33,616). The
Public Utilities Board recommends approval (6-0).
BID INFORMATION
An existing concrete lined drainage channel runs between Wainwright Street and Locust Street
along the south side of the industrial building occupied by the Binswanger Glass business. The
top slope of this concrete channel is less than 2- feet from the building foundation at its closest
point. The channel sides are steep (1.5 horizontal to 1 vertical) to a depth of about 5-feet along
the building. The existing box culvert under Wainwright Street has twin openings, each 8-feet
wide by 4- feet high. These existing drainage facilities are undersized for the drainage area and
will be replaced. The City previously purchased the property immediately south of the industrial
building in anticipation of these drainage improvements.
The Wainwright PEC-4 drainage improvements project includes replacement of the existing box
culverts under Wainwright Street with a single box culvert with an opening 20-feet wide by
10- feet high. The proposed box structure will be longer than the existing boxes, and will be
located further away from the existing building.
During box construction the channel bottom will be excavated about 7- feet and could be left
open for as long as two months. Soft sandy soils and saturated conditions are expected in the
excavation, and high channel runoff could erode the excavation wall. If dry weather persists
during construction, the exposed soils in the cut will dry out and could shrink causing cracks and
soil shrinkage movement. If the excavation is not protected, the possibility of building
foundation cracking or settlement exists at this site, and costs for damages could be significant.
Temporary shoring was designed for this project to stabilize the face of the excavation. After
construction the shoring will be left in place, and the area next to the existing building will be
backfilled, eliminating the slopes close to the building.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its June 29, 2006 meeting.
Agenda Information Sheet
July 18, 2006
Page 2
RECOMMENDA TION
Award to Craig Olden, Inc. in the amount of$33,616.
PRINCIPAL PLACE OF BUSINESS
Craig Olden, Inc.
Little Elm, TX
ESTIMATED SCHEDULE OF PROJECT
The contractor will begin work within 7 days of receipt of an order and be completed in two
weeks.
FISCAL INFORMATION
This project will be funded from account number 650032560.21100.1341.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 :Tabulation Sheet
l-AIS-Bid 3520
Attachment 1
BID #3520
DATE: 6/8/06
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
...
DESCRIPTION
DESCRIPTION
Principle Place of Business:
LS Contracor's Warranties and Understandings
2
Temporary shoring wall including reinforcement and incidentals- complete and in
place. (Sta 7+36.4: 15' right to 8+07.8; 15' right)
542
LF
3
Soil nails, including incidentals, complete and in place.
585
LF
4
LS Mobilization and demobilization
GRAND TOTAL
Schedule: Contractor mobilization not more than _ calendar days after
receipt of contract award notification.
Bid Bond
VENDOR VENDOR
Craig Olden, Inc. Ark Contracting
Services, LLC
Little Elm, TX Kennedale, TX
$2,000.00 $1,375.00
$38.00 $20.00
$12.00 $39.00
$4,000.00 $3,100.00
$33,616.00 $38,130.00
7 20
YES YES
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
TEMPORARY SHORING FOR THE WAINWRIGHT PEC-4 CHANNEL; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID
3520-W AINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING AWARDED TO LOWEST
RESPONSIBLE BIDDER, CRAIG OLDEN, INC. IN THE AMOUNT OF $33,616).
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 offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3520
Craig Olden, Inc.
$33,616
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 3520
Exhibit A
BID #3520
DATE: 6/8/06
BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING
...
2
542
3
585
4
DESCRIPTION
DESCRIPTION
Principle Place of Business:
LS Contracor's Warranties and Understandings
LF
Temporary shoring wall including reinforcement and incidentals- complete and in
place. (Sta 7+36.4: 15' right to 8+07.8; 15' right)
LF
Soil nails, including incidentals, complete and in place.
LS Mobilization and demobilization
GRAND TOTAL
Schedule: Contractor mobilization not more than _ calendar days after
receipt of contract award notification.
Bid Bond
VENDOR
Craig Olden, Inc.
Little Elm, TX
$2,000.00
$38.00
$12.00
$4,000.00
$33,616.00
7
YES
1 AGENDA
2 PUBLIC UTILITIES BOARD
3 June 29, 2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Presiding Officer will convene an Open Meeting on Thursday, June 29, 2006, at 9:00
7 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street,
8 Denton, Texas to consider the specific agenda items listed below under the Open Meeting
9 section of this agenda:
10
11 Present: Chair Newell, George Hopkins, Dick Smith, Bill Cheek, John Baines and Phil Gallivan
12
13 Absent: Bob Bland, excused
14
15 Ex Officio Member:
16 Howard Martin, Interim City Manager
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21 The Public Utilities Board has received background information, staff's recommendations, and
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 1) Consider recommending adoption of an ordinance authorizing the expenditure of funds for
25 payments by the City of Denton for electrical energy transmission fees to those cities and
26 utilities providing energy transmission services to the City of Denton; (File 3538-2006
27 Electrical Energy Transmission Fees in the total amount of$124,600).
28
29 2) Consider recommending approval of a Professional Services Agreement for Architect or
30 Engineer between the City of Denton and Kimley-Horn and Associates, Inc., in the amount
31 of $144,500 for Engineering Services associated with the Roselawn Water Line project.
32
33 3) Consider recommending approval of Bid #3520 for Wainwright PEC-4 Channel Temporary
34 Shoring to Craig Olden, Incorporated, in the amount of$33,616.
35
36 Board Member George Hopkins moved to approve with a second from Board Member
37 John Baines. The motion was approved by a vote of 6-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
CM:
Transportation Operations
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute on behalf of the City of Denton Amendment No.3 to an Airport Project
Participation Agreement with the Texas Department of Transportation dated January 8, 2002
relating to the construction of improvements at the Denton Municipal Airport and approving the
Texas Department of Transportation required project funding match, and declaring an effective
date. The Airport Advisory Board recommends adoption of this ordinance, 5-2.
BACKGROUND
In January 2002 the City of Denton entered into an Airport Project Participation Agreement
(APPA) with the Texas Department of Transportation, Aviation Division (TxDOT) for the
Tower Terminal Project (grant). The original grant was for a total grant match of $800,000.
This was a 50:50 TxDOT match of $500,000 for the Tower Project and $300,000 for the
Terminal Project. Security concerns after the September 11, 2001 terrorist attacks led to the
originally planned joint use Tower-Terminal Project to be separated to achieve increased safety
and security of the air traffic control operation. In September 2004, an additional 50:50 TxDOT
grant of $100,000 was offered to provide for the construction of an auto parking lot for the
proposed Terminal Building. With this amendment, Amendment No.1, the Terminal Project
realized a total TxDOT match of $400,000 for the Terminal project. TxDOT is also applying a
90: 10 federal Non-Primary Entitlement Grant (NPE) to the construction of the terminal
providing a combined funding source of $166,667, $150,000 federal share and $16,667 local
share. Total aid in construction for the project, TxDOT and federal, is $550,000.
On March 7, 2006 the City Council adopted Ordinance No. 2006-068 approving Amendment
Number 2 to the Tower-Terminal Grant. This amended the procedure for financial payment and
nominated TxDOT to serve as the agent to reduce financial liability, enhance compliance with
grant regulations and improve efficiencies in grant administration within TxDOT. This
amendment required that the City of Denton submit the sponsor's local share of the estimated
project cost to TxDOT prior to advertising the bid for the project. Furthermore, Amendment
Number 2 requires that should the low bid exceed the estimated project cost and TxDOT grant
match, the sponsor will be required to submit the additional local share to TxDOT prior to
accepting the low bid and initiating a construction contract with the low bidder.
GRW Willis is the architect for the project and City of Denton Facilities Management has been
retained to provide project management. GRW Willis provided a probable construction cost of
$803,238 and subsequently put the project out for bid through TxDOT in May 2006. A bid
opening was held on June 6, 2006 with Central Builders of Denton, Texas submitting a low bid
in the amount of $1,140,778. A terminal project bid list has been attached as Exhibit 4 for your
reference. The bid to construct the proposed terminal project is $337,540 above the architect's
probable construction cost estimate of $803,238. Additionally, certain construction services and
related items are not eligible under the 50:50 TxDOT grant. The architect's estimate did not
include the aforementioned non-eligible costs of landscaping, project contingencies, impact fees,
tap fees, data/fiber, phones, furniture, or other related fixtures and equipment. These expenses
were originally estimated at $150,000 and programmed through the use of gas well revenues and
later through the use of Airport certificate of obligation bonds scheduled for sale in July 2006.
The Airport Terminal budget has a $97,380 fund balance to facilitate the project. The low bid of
$1,140,778, the 'additional costs' of $162,315, the design/engineering fees of $78,512 and bid
advertising fees of $2,102 amount to a total estimated project cost of $1,383,707. This results in
a difference of $355,857 from the February total project estimate of $1,027,850. Maximizing the
$550,000 in aid in construction will require an additional $364,070 in local funding to accept the
bid and proceed with construction. Exhibit 6, Airport Terminal Building Construction Costs,
outlines project funding and participant share of project costs. City staff has identified the use of
a portion of the $700,000 in CO Bonds to be issued in July 2006 for Airport Capital Projects to
cover the anticipated funding shortfall.
Approval of the $364,070 in CO funding will allow for the City to submit the remaining local
share amount of $268,775.46 to TxDOT, increase the total grant agreement by $254,724 from
$1,800,000 to $2,054,724.65 and allow for TxDOT to execute a contract with Central Builders to
begin construction of the proposed Terminal facility.
OPTIONS
I. Redesign and re-bid the project.
II. Approve the proposed Grant Amendment Number 3 and authorize the use of additional CO
funds to facilitate the project.
III. Provide staff direction with additional options.
RECOMMENDA TION
The Airport Advisory Board and staff recommend Option II.
ESTIMATED SCHEDULE OF PROJECT
The TxDOT bid process requires contractors to guarantee bids for 60 days. TxDOT has
indicated that a response must be provided by August 4, 2006. Should the City Council adopt
the proposed ordinance approving Amendment Number 3 to the grant and approving the
additional local share of funding, the estimated six-month construction phase could begin within
30 days of project approval and notice to proceed.
PRIOR ACTION/REVIEW
The City Council approved Amendment Number 2 to the Terminal Grant on March 7, 2006
providing for an estimated grant eligible construction cost of $877,850 and an estimated total
project cost of$I,027,850. The Airport Advisory Board met in a Special Called meeting on June
2
30, 2006 to review the cost overruns with the architect, Facilities Management and Airport
Management and recommended 4-2 to move forward with funding the project. At the July 12,
2006 Airport Advisory Board Meeting, the Airport Advisory Board voted 5-2 recommending
adoption of the proposed amendment Number 3.
FISCAL INFORMATION
A 90:10 federal NPE grant is in place for $150,000 of matching funds to assist in the
construction of the Terminal. A 50:50 match grant is in place for construction services related to
the proposed airport terminal building and related parking lot. Total project participation by
TxDOT is now proposed at $400,000 and federal participation will be $150,000. Construction
cost is now estimated at 1,383,707 and local participation is estimated at $833,707 or 60% of the
construction cost.
EXHIBITS
1. Ordinance
2. Grant Amendment Number 3
3. TxDOT Payment Request
4. Terminal Project Bid List
5. GRW Willis Schedule of Values
6. Airport Terminal Construction Costs
7. Airport Board Draft Minutes, June 30, 2006
8. Airport Board Draft Minutes, July 12, 2006
Respectfully submitted:
~d&~
Mark Nelson, CM
Chief Transportation Officer
3
.....
S:\Our Documents\Ordinances\06\ TxDOT Grant Agreement Amendment 3.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO.3
TO AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION DATED JANUARY 8,2002 RELATING TO THE
CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-005 the City of Denton ("City") entered
into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas
Department of Transportation ("TxDOT") related to the construction of improvements consisting
of the air traffic control tower, airport terminal building, and auto parking lot at the Denton
Municipal Airport, referenced as TxDOT Contract No. 2XXA V018 (the "Existing Agreement");
and
WHEREAS, pursuant to Ordinance No. 2005-286 on September 21, 2004, the City
entered into Amendment No.1 to the Existing Agreement; and
WHEREAS, pursuant to Ordinance No. 2006-068 on March 7, 2006, the City entered
into Amendment No.2 to the Existing Agreement; and
WHEREAS, TxDOT and the City desire to enter into Amendment No.3 to the Existing
Agreement, a copy of which is attached hereto and made a part hereof by reference
("Amendment No.3"), to increase the funding by $254,724.00, increasing the total project cost
to $2,054,724.65 and the City's share of eligible project costs to $1,154,724.65; and
WHEREAS, the City Council deems it in the public interest to approve Amendment No.
3. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are
incorporated herein as true.
SECTION 2. The Interim City Manager or his designee is hereby authorized to execute
Amendment No.3 on behalf of the City of De:q.ton.
SECTION 3. The Interim City M~ager or his designee is the City's authorized
representative who is directed to comply with any assurances, conditions, or agreements required
to be executed to receive the funds provided under Amendment No.3, including payment of the
City's share of the estimated construction costs.
SECTION 4. The Interim City Manager, or his designee, is authorized to exercise all
rights and duties of the City of Denton under Amendment No. 3 and to make any expenditures
provided for therein.
s: \OUf Documents\Ordinances\06\ TxDOT Grant Agreement Amendment 3.doc
SECTION 5. 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:
?f'/~_ # t ,1 ~"
rUuC~ ,~k/'
/
Page 2 of2
t ~.- ""
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(State Assisted Airport Development)
Amendment No. 03 to the Agreement
TxDOT CSJNo.: 0218DENlN
TxDOT Project No.: AP DENTON 3
TxDOT Contract No. : 2XXA V018
Commission Approval: September 27, 2001
Part I - Identification of the Project
TO:
The City of Denton, Texas
FROM:
The State of Texas, acting through the Texas Department of Transportation
The City of Denton, hereinafter referred to as the "Sponsoru, and the Texas Department
of Transportation, hereinafter referred to as the nState," have entered into an Airport Project
Participation Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on
January 8, 2002, and by the State on January 22, 2002, for the development of the Denton
Municipal Airport.
The project is described as design and construction services to: build an airport terminal
building and an air traffic control tower and auto parking lot at the Denton Municipal Airport
Part II - Offer of Financial Assistance, estimates total project costs to be $1,800,000.
Financial assistance is currently limited to $900,000 state funds and $900,000 in local
sponsor funds..
It is in the mutual interest of the Sponsor and the State to amend the Airport Project
Participation Agreement at this time to increase the agreement by $254,724.65 in local share to
cover the actual bid results for the terminal building "and parking lot.
In consideration of the parties' mutual promises, the following amendment to the Airport
Project Participation Agreement shall become effective upon execution of this Amendment by
the Sponsor and the State.
The Airport Project Participation Agreement is amended to following:
Page 1 of3
'" ' I off
1.. Part II, paragraph 1 of the Agreement, change Amount A, total project costs, and any
further references in the Agreement to Amount A, to $2,054,724.65.
2. Part II, paragraph 1 of the Agreement, change Amount B, Staters share of eligible project
costs, and any further references in the Agreement to Amount B, to $900,000.
3. Part II, paragraph 1 of the Agreement, change Amount C, Sponsor's share of eligible
project costs, and any further references in the Agreement to Amount C, to $1,154,724.65.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect..
The above amendment to the Airport Project Participation Agreement between the City
of Denton and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this
day of
~ 20__
The City of Denton" Texas
Sponsor
Witness Signature
Sponsor Signature
Witness Title
Sponsor Title
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ED~lIN M. SNYDER, CITY ATTORNEY
I ~' / -----'/
BY: Cj k",'t>l.: "~
~ '/ .
Page 2 of3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission..
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
Page 3 of3
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(State Assisted Airport Development)
Amendment No.. 03 to the Agreement
TxDOT CSJNo.: 0218DENTN
TxDOT Project No.: AP DENTON 3
TxDOT Contract No. : 2XXA VO 18
Commission Approval: September 27, 2001
Part I - Identifieation of the Project
TO:
The City of Denton, Texas
FROM:
The State of Texas, acting through the Texas Department of Transportation
The City of Denton, hereinafter referred to as the "Sponsor", and the Texas Department
of Transportation, hereinafter referred to as the "State," have entered into an Airport Project
Participation Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on
January ,8, 2002, and by the State on January 22, 2002, for the development of the Denton
Municipal Airport.
The project is described as design and construction services to: build an airport terminal
building and an air traffic control tower and auto parking lot at the Denton Municipal Airport.
Part IT - Offer of Financial Assistance~ estimates total project costs to be $1,800,000.
Financial assistance is currently limited to $900,000 state funds and $900,000 in local
~~oc~s. .
It is in the mutual interest of the Sponsor and the State to amend the Airport Project
Participation Agreement at this time to increase the agreement by $254,724.65 in local share to
cover the actual bid results for the terminal building 'and parking lot.
In consideration of the parties' mutual promises, the following amendment to the Airport
Project Participation Agreement shall become effective upon execution of this Amendment by
the Sponsor and the State~
The Airport Project Participation Agreement is amended to following:
Page 1 of3
EXHIBIT 2
1. Part ll, paragraph 1 of the Agreement, change AmOWlt A, total project costs, and any
further references in the Agreement to Amount A, to $2,054,724.65_
2. Part II, paragraph 1 of the Agreement, change Amount B, State's share of eligible project
costs, and any further references in the Agreement to Amount B, to $900,000.
3. Part ll, paragraph 1 of the Agreement, change Amount C, Sponsor's share of eligible
project costs, and any further references in the Agreement to Amount C, to $1,154,724.65.
All other terms and conditions of the agreement axe unchanged and remain in full force
and effect.
The above amendment to the Airport Project Participation Agreement between the City
of Denton and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this
day of
~ 20__
The City of Denton. Texas
Sponsor .
Witness Signature
Sponsor Signature
Witness Title
Sponsor Title
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ED\lIN M. SNYDER, CITY ATTORNEY
BY: 9k4V~/''-'
~' . /'
Page 2 of3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or canying out the orders, established policies or work progmms and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
Page 3 of3
epartment of Transportation
AVIATION DIVISION
125 E. 11TH STREET. AUSTIN, TEXAS 78701-2483. 512/416-4500. FAX 512/416-4510
June 29, 2006
Mr. Mark Nelson
City of Denton
215 East McKinney
Del1toll, Texas 76201
TxDOT Project No.: AP DENTON 3
TxDOT CSJNo.: 0218DENTN
Fund Source: 4114000006
Dear Mr. Nelson:
The sponsor's share of the total project costs is estimated to be $1,154,724.65. Our records
indicate we have received $355,590 in cash applied towards this project and have credited
$500,000 from the control tower project and credited another $30,359.19 for design services
related to the terminal building. We are requesting the additional funds of$268,775.46. Please
remit payment to the address as follows not later than July 18, 2006.
Texas Department of Transportation
P.O. Box 5020
Austin, Texas 78763.
Attn.: Diana Ruiz
Sincerely,
-r---."\. . i'\ f\
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Allison Martin
Grant Manager
cc: Diana Ruiz
EXHIBIT 3
An Equal Opportunity Employer
Airport Terminal Bid Opening 6/6/06
Contractors
Submitted Bids
Central Bu ilders
Denton, TX
Base Bid: Yes
Add #1 : yes
$1,135,000.00
Alt #1 $5,778.00
Total Bid: $1,140,778.00
Reeves Construction Svc Inc.
Mesquite TX
Base Bid: Yes $1,239,750.00
Add #1 : yes Alt #1 $6,600.00
Total Bid: $1,246,350.00
Acco General Contractor
Ft. Worth
Base Bid: Yes $1,251,660.00
Add #1 : yes Alt#1 $6,280.00
Total Bid: $1,257,940.00
Faine Group
Ft. Worth
Base Bid: Yes $1,257,000.00
Add #1 : yes Alt #1 $9,500.00
Total Bid: $1,266,500.00
Basecom
Ft. Worth
Base Bid: Yes $1,404,000.00
Add #1 : yes Alt#1 $11,503.00
Total Bid: $1,415,503.00
EXHIBIT 4
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Exhibit 6
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DRAFT MINUTES
AIRPORT ADVISORY BOARD MEETING
JUNE 30, 2006
After determining that a quorum was present, the Airport Advisory Board convened in a Special
Called Meeting on Friday, June 30, 2006 at 12:00 p.m. in the Denton Civic Center Building in
the Community Room at 321 East McKinney, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay
Anderson, Charles Brown, Larry Luce, and John Kristoferson.
BOARD MEMBERS ABSENT: Bob Eames excused absence.
STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim Whitman,
Airport Manager, and Julie Mullins, Aviation Assistant.
PUBLIC PRESENT: Linda Ratliff, Director of Economic Development, Karen Dickson, Denton
Chamber of Commerce, Bruce Henington, Director of Facilities Management, Herman Lawson,
Facilities Management Project Manager, and Brian Glass, GRW Willis, Inc. Architects.
ITEMS FOR INDIVIDUAL CONSIDERATION
I. Receive a report, hold a discussion, and provide a recommendation on the Airport
Terminal Building project to include a discussion with GRW Willis and Facilities
Management on the Terminal Building bids, construction schedule and available
options.
Mr. Woolfolk moved this item to second to allow time for other Board Members to
arrIve.
John Kristoferson and Don Smith arrived at 12:08 p.m.
Mr. Whitman introduced Bruce Henington, Herman Lawson and Brian Glass to the
Board. Mr. Whitman stated the goal of this meeting is to give an overview of the
Terminal Building Project, to ask questions of the Architect, Facilities Management
and Airport Staff and to talk about the additional funding needed to complete the
Terminal Building Project.
Mr. Woolfolk commented that Jay Anderson, Larry Luce and he met with the
Architect and Facilities Management on June 21. There were 5 options discussed.
Option #1 is to go back to the drawing board and start over, but the FAA indicated
that funding might be lost and they have never seen a project that has been reworked
that has come in cheaper. Option #2 is to have Facilities do some value engineering,
but by law the City cannot do that. Option #3 is to find the additional funds needed;
this is the preferred option. Option #4 is a combination of Options 2 & 3, but there
AIRPORT ADVISORY BOARD DRAFT MINUTES
JUNE 30, 2006
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may be legal problems with that approach because of the value engineering. Option
#5 is to discontinue the project wait to begin the project at a later date. With this
overview, Mr. Woolfolk asked if anyone had any questions.
Brian Glass commented that the Terminal Building Project received 5 bids. The
contractor, the lowest bidder, was asked to provide the architect with a schedule of
values. Mr. Glass broke down the price by divisions of work and specifications.
There were five divisions that incurred major increases, divisions 2,4, 8, 15 and 16.
Division 2 is one of the biggest increases, which is site planning (drainage, utilities,
asphalt pavement), going from $81,087 to $ 232,970. Divisions 15 and 16 were
other major increases rising from $78,829 to $166,500 and $79,145 to $159,900
respectively. Two things happened before going to bid and during the bid process;
changes to the scope of work were made in those areas and metal costs rose
significantly. Mr. Glass indicated that the range of bids was fairly tight suggesting
that bids are indicative of the market at this time.
Mr. Charles Brown inquired as to the size of the building. Mr. Glass responded that it
is a 5,000 square foot building.
Mr. Herman Lawson commented that based on the 4,600 square foot plan,
construction costs would be $170.00 dollars a square foot for the building and the
parking lot is $11.45 per square foot.
Mr. Woolfolk commented that we have to comply with TxDOT grant requirements
which increases the project cost over what a private developer may typically
experIence.
Mr. Charles Brown asked when the probable cost estimates were completed. Mr.
Glass said they were completed in November 2005 and drawings were due in
December 2005. Mr. Brown questioned why after only three months we are
$350,000 over budget before even getting started. Mr. Woolfolk said capital project
costs are being experienced allover the City.
Mr. Brown voiced his concern for the high cost per square foot to build the building
and recommended building something that cost less to construct.
Mr. Nelson asked Mr. Glass what their design fees are and Mr. Glass said 7-10% of
the project cost.
Mr. Larry Luce stated that the building is in three modules, and looking at the soil
report a pier and beam foundation must be utilized. Mr. Brown asked if this bid
could be canceled. Mr. Woolfolk said the problem with that is time and inflation.
AIRPORT ADVISORY BOARD DRAFT MINUTES
JUNE 30, 2006
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Mr. Kristoferson commented that without the building there will be additional costs
for administrative office rent and only a marginal cost savings could be expected.
Mr. Whitman stated we are working with a grant on this project and if we cancel this
project we will have to start over and apply for a new grant.
Mr. Nelson commented that the City will be listing the bonds for the runway
extension project as Airport capital projects so that there is flexibility in the use of
the funds and they can be used to make up the short fall in the terminal project. Rick
Woolfolk stated that action on this item must go to City Council by July 18, 2006
because TxDOT has to notify the low bidder by August 6, 2006.
A motion was made by Larry Luce to recommend to City Council to accept the
low bid and ask Council to appropriate the necessary additional funds and
instruct the Architect to work with the Contractor to seek ways of lowering
costs without altering the basic project configuration. Mr. Don Smith seconded
the motion. Motion carried 4-2. Mr. Nelson indicated that a grant amendment
would be initiated and brought back to the Advisory Board at the July 12
meeting.
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DRAFT MINUTES
AIRPORT ADVISORY BOARD MEETING
JULY 12, 2006
After determining that a quorum was present, the Airport Advisory Board convened for a
Regular Meeting on Wednesday, July 12,2006 at 5:30 p.m. in the Denton Civic Center Building
in the Community Room at 321 East McKinney, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay
Anderson, Charles Brown, Bob Eames, Larry Luce, and John Kristoferson.
BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim Whitman,
Airport Manager, Herb Prouty, Consulting Attorney, and Julie Mullins, Aviation Assistant.
PUBLIC PRESENT: John Vann and Jan Vann
ITEMS FOR INDIVIDUAL CONSIDERATION
IV. Receive a report, hold a discussion and provide a recommendation to the City
Council authorizing the City Manager to execute on behalf of the City of Denton
Amendment No. 3 to an Airport Project Participation Agreement with the Texas
Department of Transportation dated January 8, 2002 relating to the construction of
improvements at the Denton Municipal Airport, and declaring an effective date.
Mr. Whitman briefed the Airport Advisory Board on the direction staff received from a
Special Called Meeting on June 30, 2006; Airport management has moved forward with
this item to go to City Council at this time including the TxDOT Amendment Number 3.
Mr. Brown raised a question on the text included in the Recommendation section of the
Draft Agenda Information Sheet prepared for Council concerning the Terminal grant
Amendment Number 3.Airport Project Participation Agreement No.3. Mr. Brown
requested that the recommendation state only that the "Airport Advisory Board and staff
recommend Option II." The Board and staff agreed to this amendment to the draft
Agenda Information Sheet.
Mr. Brown gave an overview of the June 30, 2006 meeting for the benefit of Mr. Eames
and expressed his concern for the overall cost of the project stating that he believed the
terminal project could be completed for less.
Dr. Smith arrived approximately at 5:36 p.m.
Mr. Eames commented that he appreciated the opportunity for the additional discussion
on this item since he was not present at the June 30 meeting.
Exhibit 7
AIRPORT ADVISORY BOARD DRAFT MINUTES
JULY 12, 2006
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Dr. Kristoferson arrived approximately at 5 :42 p.m.
Mr. Woolfolk commented that the Architect and Facilities Management discussed the
increase between the actual project cost and the estimate. There were some
modifications made to the project scope between the time of completion of the cost
estimate and bid opening and the cost of construction has escalated, especially fuel and
asphalt. He also stated that the TxDOT has received the increase information, so they are
aware.
Mr. Nelson reported that the Architect had stated in the June 30, 2006 meeting that by
looking at the spread of bids, he felt like the bids are in line with current market prices.
Mr. Anderson concurred with the statements made this far, but believes the terminal
project should wait for building prices to come down. Mr. Anderson also recognized the
grant funding cycle and the need to capitalize on the grant funds.
Mr. Brown reiterated his concern with the cost of the project.
Dr. Smith stated that the cost of construction is going up; the fundamental discussion is
that we build a decent terminal building that will last for decades. We have seen
remarkable growth in the past 10-15 years and the terminal building proposed is right for
Denton. We need a new terminal building; the price is too high but if this is the going
rate we have to move forward with it.
Dr. Kristoferson agreed with comments by Dr. Smith about the need for a quality
facility, and suggested that it may be too small when compared to McKinney and other
competing airports. Dr. Kristoferson further suggested that other creative financing such
as private partnerships with airport tenants may be able to improve the economics of the
project.
Dr. Smith made a motion to approve the proposed amendment and provide a
recommendation to the City Council. Rick Woolfolk seconded the motion. Motion
carried 5-2.
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
Transportation Operations
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas terminating that certain
airport lease dated April 20, 2004, by and between the City of Denton, Texas and January
Aviation, L.L.C.; authorizing the City attorney or his designee to take appropriate legal action, if
necessary, to effectuate the termination; and providing an effective date. (The Airport Advisory
Board recommends approval of the proposed ordinance 6-0).
BACKGROUND
An original Airport lease was executed between JVC Real Estate, LLC (JVC) and the City of
Denton on April 20, 2004. Said lease required JVC to construct a hangar/office facility within
720 days of the execution of the agreement. JVC took no action during the first year of the lease
to develop the property. On May 3, 2005 JVC assigned the lease to January Aviation, LLC with
the stipulation that January Aviation would honor the rights and obligations of the lease and
construct the required structure within the remainder of the 720 days outlined in the original
lease. Mr. Jim Lancaster, President of January Aviation has indicated that he will not be able
meet the obligations of the lease assignment. According to the assignment agreement, this leaves
the original leasor, JVC, as the responsible party. Due to nonperformance of a material
obligation, construction of improvements, this constitutes grounds for immediate termination of
the Lease Agreement. The original JVC Lease Agreement and the January Aviation Lease
Assignment are included as Exhibit 2 and Exhibit 3 for reference.
PRIOR ACTION/REVIEW
Airport Management provided requisite notice to January Aviation and JVC to cure the default
action. The Airport Board recommends approval of the proposed ordinance to terminate the
lease 6-0.
FISCAL INFORMATION
The proposed hangar/office facility improvements on this leasehold were intended to add
economic value to the Airport. The lack of activity over the last two years has precluded other
possible development opportunities. Annual lease payment is $2,754.
EXHIBITS
1. Ordinance
2. JVC Real Estate, LLC Lease Agreement
3. JVC Real Estate, LLC Lease Assignment to January Aviation, LLC
4. Certified letter to Jim Lancaster, January Aviation, LLC
5. Draft Airport Board Minutes, July 12, 2006
Respectfully submitted:
~~L
Tim E. Whitman, Airport Manager
:t l',
S:\OUf Documents\Ordinances\06\J anuary Termination.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN
AIRPORT LEASE DATED APRIL 20, 2004, BY AND BETWEEN THE CITY OF DENTON,
TEXAS AND JANUARY AVIATION, L.L.C.; AUTHORIZING THE CITY ATTORNEY OR
HIS DESIGNEE TO TAKE APPROPRIATE LEGAL ACTION, IF NECESSARY, TO
EFFECTUATE THE TERMINATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") and Ne Real Estate, L.L.C. ("Ne")
entered into that certain Airport Lease Agreement dated April 20, 2004 (the "Lease Agreement")
whereby the City leased to JVe for aviation purposes an approximately 90 feet by 180 feet,
16,200 square feet or 0.372 acres of land more particularly described in the Lease Agreement
which is incorporated herein by reference (the "Leased Property"); and
WHEREAS, on May 3, 2005 the Lease Agreement was assigned from Ne as Assignor
to January Aviation, L.L..C.. ("January") as Assignee; and
WHEREAS, pursuant to the Lease Agreement, January has the duty and obligation to
construct a hangar/office facility of not less' than 8,000 square feet with taxiway access and
appropriate culverts or drainage ("Lessee's Improvements") to be completed not more than 720
days from April 20, 2004, the effective date of the Lease Agreement; and
WHEREAS, January's obligation to complete the Lessee's Improvements within this
time period is a material obligation of January under the Lease Agreement; and
WHEREAS, on or about May 4, 2006~the City gave January and lVe notice (''Notice'')
that the 720 days had elapsed without the required Lessee's Improvements being completed, a
copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, despite the May 4, 2006 Notice, January failed or refused to complete the
Lessee's Improvements within the required time; and
WHEREAS, the May 4, 2006 Notice informs January that if the Lessee's Improvements
are not completed within 30 days of the Notice, the City will terminate the Lease Agreement;
and
WHEREAS, to date, which is over 30 days since the Notice was received by January and
Ne, January has failed to complete the construction of the Lessee's Improvements for the
Leased Property; and
WHEREAS, the Airport Advisory Board at its meeting of July 12, 2006 recommended
that the City Council terminate the Lease Agreement and give a leasing preference to the first
person contacting the City Manager, or his designee who desires to lease the property under
terms deemed beneficial by the City Manager; 'and
~ :~
S :\Qur Documents\Ordinances\06\January Termination.doc
WHEREAS, the City Council finds that terminating the Lease Agreement in accordance
with the Airport Advisory Board's recommendation would be in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby terminates the Lease Agreement due to
nonperformance of a material obligation of January under the Lease Agreement. Should legal
action be required to effectuate the termination of the Lease Agreement and/or if it should
become necessary to file legal action to remove January from the Leased Property or to
determine the rights and obligations of the parties under the Lease Agreement, the City Attorney,
or his designee is hereby authorized to file such legal actions or lawsuits on behalf of the City~
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:
EDWINM~ SNYDER, CITY ATTORNEY
BY:
Page 2
1"' '
(
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
This Lease Agreement is made and executed to be effective this First day of May,
2004 (the "Effective Date") at Denton, Texas, by aIld between the City of Denton, Texas, a
municipal corporation, hereinafter referred to as "Lessor", JVC Real Estate L.L.C.,
hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor now owns, controls and operates the Denton Municipal Airport
(the "Airport") in the City of Denton, County of Denton, State of Texas; and
WHEREAS, Lessee desires to lease certain premises at the Airport and construct and
maintain an aircraft hangar and related aviation facilities thereon;
NOW, THEREFORE, for and in consideration of the promises and the Inutual
covenants contained in this Agreement, the parties agree as follows:
I. rONnTTTONS OF T/FJASFJ AGRFJ{JMFJNT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER
CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS
SECTION SHALL BE BINDING.
A. PRlN~TPT ,FJS OF OPRR A TTONS. The right to conduct aeronautical and related
activities for furnishing services to the public is granted to Lessee subject to Lessee
agreemg:
1. To furnish said services on a fair, equal and not unjustly discriminatory basis
to all users thereof; and
2. To charge fair, reasonable and not unjustly discriminatory prices for each unit
or service; provided, that Lessee may be allowed to make reasonable and
nondiscriminatory discounts, reb.ates, or other similar types of price reductions
to volume purchasers.
B. NON-DTSrRTMTN A TTON: Lessee, for itself: its personal representatives,
successors, and assigns, as a part of the consideration hereof: does hereby
covenant and agr~e as a covenant running with the land that:
1. No person on the grouIldsofrace, reli.gion, color, sex, or national origin shall
be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities;
2. In the construction of any improvements on, over, or under such land and the
EXHIBIT 2
furnishing of services thereon, no person on the grounds of race, religion,
color, sex, or national origin shall be excluded from participation in, denied
the benefits ot: or otheIWise be subjected to discrimination;
3. Lessee shall use the premises in compliance with .all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimi-
nation in Federally assisted programs of the Department of Transportatioll -
Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may
be amended.
c. RIGHT OF TNnTVmTTAT$~ TO MAINTAIN ATRrRAFT. It is clearly
Ullderstood by Lessee that no right or privilege has been granted which would operate to
prevent any person, firm or corporation operating aircraft on the Airport from performing
any services on its own aircraft with its own regular employees (including, but not limited
to, maintenance and repair) that it may choose to perform.
D. NON-F,XrTJTSTVF, RTGHT. It is understood and agreed that nothing herein
contained shall be construed to grant or authorize the granting of an exclusive right within
the meaning of Title 49 D.S.C. Appendix ~1349.
E. PTTRTJr ARF,AS.
1. Lessor reserves the right to further develop or improve the landing area of the
Airport as it sees fit, regardless of the desires or views of Lessee, and without
interference or hindrance.
2. Lessor shall be obligated to maintain and keep in good repair the landing area
of the Airport and all publicly owned facilities of the Airport, together with the
right to direct and control all activities of Lessee in this regard.
3. During time of war or national emergency, Lessor shall have the right to lease
the landing area or any part thereof to the United States Government for
military or naval use, and, if such lease is executed, the provisions of this'
instrument insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended.
4. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, together with the right to
prevent Lessee from erecting, or permitting to be erected, any building or other
structure on or adjacent to the Airport which, in the opinion of Lessor, would
lirriitthe usefufuess or safet)r()fHiheAirport or constitute a hazard to aircraft or
to aircraft navigation.
5. This Lease Agreement shall be. subordinate to the provisions of any existing or
future agreement between Lessor and the United States or agency thereof,
AIRPORT LEASE AGREEMENT JVC LLC - Page 2
relative to the operation or maintenance of the Airport.
lIe T ,F,ASRD PRFJMTSR~
Lessor, for and in consideration of the covenants and agreements herein contained, to
be kept by Lessee, does hereby demise and lease unto Lessee, aI).d Lessee does hereby lease
from Lessor, for the lease term described in Article ill, the following described land situated
in Denton County, Texas:
A. Land. A tract of land, being approximately 90 feet by 180 feet, 16,200 square feet,
or 0.372 acres, drawn and outlined on Attachment "A", and legally described in Attachment
"B," such attachments being incorporated herein by reference (the "Leased Premises"). '
Together with the right of ingress and egress to the Leased Premises; and the nght in
common with others so authorized of passage upon the Airport property generally, subject
to reasonable regulations by the City of Denton and such rights shall extend to Lessee's
employees, passengers, patrons alld invitees. For purposes of this agreement, the term
"Leased Premises" shall mean all property located within the metes and bounds described
and identified within Attachment "B", including leasehold improvements constructed by the
Lessee, but not including certain easemeIlts or property oWned and/or controlled by the
Lessor.
A legal description of the leased premises is not currelltly attached as Attachment "B".
Lessee shall deliver to Lessor no later then 30 days after the date of this Agreement a legal
description of the leased premises accurately describing the leased premises that is
acceptable to Lessor. If Lessee fails to do so, Lessor at its option may terminate this
Agreement, in which case it will have no further force and effect. The approved legal
description will be attached to tbis Agreemellt as Attachment "B".
B. TMP"ROVFJMF,NT~ "PROVIDFJD BY T:P,SSOR: NONE: There will be no
improvements provided by Lessor, except as set fortll in Article II.E. "Access to Utilities"
below.
For the purpose of this Lease Agreement, the term "Lessor improvements" shall mean
those things on or adjacent to the Leased Premises belonglng to, COllstructed by,. or to be
constructed by the Lessor, which enhance or increase, the value or quality of the Leased
Premises. Unless otherwise noted herein, all Lessor improvements are and will remain the
property of Lessor. All Lessor improvements must.be described in detail above, or above
referenced and attached to this .Agreement in an exhibit approved by Lessor.
C.. TMP"ROVFJMF,NT~ PROVIDF:n BY T ,F,SSRR, On the Leased Premises, Lessee
shall construct a hangar/office facility not less than 8,000 square feet with taxiway access
and appropriate culverts or drainage as required by City ordin~ces in the utility right of
way south and north of the proposed hangar as well as othe~ improvements as determined
necessary by City ordinances (the "Lessee's hnprovements"). The Lessee's Improvements
shall be completed not more than 720 days from the effective date of this Lease Agreement
AIRPORT LEASE AGREEMENT NC LLC - Page 3
as evidenced by the issuance of a Certificate of Occupancy (the "Construction Period").
Notwithstanding anything contained in this Lease Agreement to the contrary, a
failure to complete the Lessee's Improvements within the Construction Period may, at
the sole option and discretion of the Lesso'r, result in the immediate termination and
. cancellation of this Lease Agreement upon 30 days written notice of cancellation to
Lessee. In such case Lessee's rights u~der the Lease Agreement will immediately
cease and be forfeited, and all of Lessee's Improvements shall immediately become the
property of Lessor at no cost, expense or other compensation paid by Lessor to
Lessee; and Lessee shall immediately vacate the Leased Premises.
D. RA~FJMRNT~. Lessor and Lessee by mutual agreement may establish, on the
Leased Premises, easements for public access on roads and taxiways.
E. ArrR~~ TO TTTTT JTTRS Lessor represents that there ~e water, sewer and 3-
phase electricity lines within close proximity to the Leased Premises available to "tap-in" by
Lessee, and that the same are sufficient for usual and customary service on the Leased
Premises.
ill. TRR M
The term of this Lease Agreement shall be for a period of thirty (30) years, com-
mencing on the 1st day of May, 2004 and co~tinuing through the last day of April of2034,
unless earlier terminated under the provisions of the Lease Agreement (the "Lease Term").
Any attempt by Lessee to renegotiate this Lease Agreement shall be in writing addressed to
the City Manager or his designee at least one hundred eighty (180) days before the
expiration of the Lease Term, and at least 180 days before the expiration of any additional
renegotiated period. Lessee has the option to renew for two (2) additional ten (10) year
terms. The rental and terms to be negotiated shall be reasonable and consistent with the
then value, rentals and terms of similar property on the Airport.
N. P A YMFJNT~J R"ENT A T J~ ANT) FF:FJ~
Lessee covenants and agrees to pay Lessor, as consideration for this Lease Agreement,
the following payments, rentals and fees:
A. T ~A NT) RRNT A T J shall be due and payable in the sum of $0.17 per square foot or
$2,754 per year (the "Original Rent"), payable in twelve (12) equal monthly installments in
the sum of Two Hundred and Twenty Nine and fifty cents ($229.50) in advance, on or
before the 1st day of each and every month durirlg the term of this Lease Agreement.
Lessee has the option to pay annual rentals and fees in whole on or before the 1st day of
April, at the beginning of the City's fiscal year, each and every year of this Lease
Agreement.
Notwithstanding the foregoing, the annual lease rental will be reduced by the current lease
rate per square foot, as adjusted by the CPI-U referenced in Section N.C., times the number
AIRPORT LEASE AGREEMENT NC LLC - Page 4
of square feet comprising all easements established in accordance with Article II (D).-
B. T,RSSOR TMPROVF,M"F,NTS RRNTAT$L NONE:
improvements on the Leased Premises.
There are 110 Lessor
c~. P A YMF,NT) PRN A T ,TV) A nTITSTMRNTS. All payments due Lessor from Lessee
shall be made to Lessor at the offices of the Finance Department of the City of Denton,
Customer Service Division, 601 West Hickory, Denton, Texas, unless otherwise designated
in writing by the Lessor. frpl:Lyrnent~_w:e not received on or before the 15th day of the
month, a five percent (5%) penalty will be due as of the 16th. Ifpayments are not received
by the first of the subsequent month, an additional penalty of one percent (1 %) of the unpaid
rental/fee amount will be due. A one percent (1 %) charge will be added on the frrst of each
subsequent month until the unpaid rental/fee payment is made. The Original Rent for the
Leased Premises shall be readjusted at the end of each one year period during the Lease
Term on the basis of the proportion that the then current United States Consumer Price
Index for all urban consumers (CPI-U) for the Dallas-Fort Worth Bureau of Labor Statistics
bears to the previous odd month 2004 index, which was 17~ 7 (1982-84 == 100). Each
rental adjustment, if any, shall occur on the 1st day of May, beginning 2006, and every other
year thereafter on such date.
The adjustments in the yearly rent shall be determined by multiplying the Original
Rent by a fraction, the numerator of which is the index number for the last month prior to
the adjustment, and the denominator of which is the index number applicable at the
execution of this Lease Agreement. If the product of this multiplication is greater than
the Original Rent, Lessee shall pay this greater amount as the yearly rent until the time of
the next rental adjustment as called for in this section. If the product of this multiplication
is less than the Original Rent there shall be no adjustment in the annual rent at that time,
and Lessee shall pay the previous year's annual rent until the ti~e of the next rental
adjustment as called for in this section. In no eveIlt shall any rental adjustment called for
in this section result in an annual rent less than the . previous year's annual rent. The
adjustment shall be limited so that the annual rental payment determined for any given
two-year period shall not exceed the annual rental payment calculated for the previous
CPI adjustment by more than twenty percent (20%) percent.
If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort
Worth geographical region, as compiled by the U.S. Department of Labor, Bureau 'of Labor
Statistics, is discontinued during the Lease Term, the remaining rental adjustments called
for in this section shall be made using the formula set forth above, but by substituting the
index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For
All Items For All Urban Consumers (CPI-D) for tIle index numbers for the CPI-U
applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-
Fort Worth geographicalregionariCltheU.S. City Average are discontinued during the
Lease Term, the remaining rental adjustments called for in this section shall be made using
the statistics of the Bureau of Labor Statistics of the United States Department of Labor that
are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical
region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to
AIRPORT LEASE AGREEMENT NC LLC - Page 5
exist or ceases to publish statistics concerning the purchasing power of the consumer dollar
during the Lease Term, the remaining rental adjustments called for in this section shall be
made using the most nearly comparable statistics published by a recognized [mancial
authority selected by Lessor.
v. RTGHT~ ANn OBT In-A TTONS OF T ;FJ~~rRFJ
A. TTSFJ OF T JRA~.Rn PRRMTSF5~~. Lessee is granted the non-exclusive privilege to
engage in or provide the following:
1. H~nE~r Sp~~e T JeH~ine Lessee is granted the non-exclusive right to rent hangar
space.
2. Offi~e Sp~~e T J~~~ine Lessee is granted the non-exclusive right to rent office
space.
3. Tie-Down Servi~e~ Lessee is granted the non-exclusive right to charge for tie-
down services on Lessee's property.
Lessee, its tenants, employees, invitees and guests shall not be authorized to conduct
any services not specifically listed in tbis Lease Agreement. The use of the Leased Premises
by Lessee, its tenants, employees, invitees or guests shall be limited to only those private,
commercial, retail or industrial activities having to do with or related to airports and avia-
tion. No person, business or corporation may operate a commercial, retail or industrial
business upon the Leased Premises or upon the Airport without a lease or license from
Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not
unreasonably withhold authorization to conduct aeronautical or related services.
B. ST ANnA "RDS Lessee shall meet or exceed the following standards:
1. Aclclre~~ Lessee shall file with the Airport Manager and keep current its
mailing addresses, telephone numbers and contacts where it can be reached in
an emergency.
2. List. Lessee shall file with the Airport Manager and keep current a list of its
tenants and sublessees.
3. r()n(h](~t. Lessee shall contractually require its employees and sublessees (and
sublessee's invitees) to abide by the terms of this Lease Agreement. Lessee
shall promptly enforce its contractual rights in the event of a default of such
covenants.
4. TTtilitie~) T~xe~ ~ncl Fee~ Lessee shall meet all expenses and payments in
connection with the use of the Leased Premises and the rights and privileges
herein granted, including the timely payment of utilities, taxes, permit fees,
license fees and assessments lawfully levied or assessed.
AIRPORT LEASE AGREEMENT JVC LLC - Page 6
5. Laws. Lessee .shall comply with all current and future federal, state and local
laws, rules and regulations which may apply to the conduct of business
contemplated, including rules, regulations and ordinances promulgated by
Lessor, and Lessee shall keep in effect and post in a prominent place all
necessary and/or required licenses or permits.
6. M~inten~nce of Property. Lessee shall be responsible for the maintenance,
repair and upkeep 9f all property, buildings, structures and improvements,
including the mowing or elimination of grass and other vegetation on the
Leased Premises, and shall keep the Leased Premises neat, clean and in
respectable condition, free from any objectional matter or thing, including
trash or debris. Lessee agrees not to utilize or permit others to utilize areas on
the Leased Premises which are located on the outside of any hangar or
building for the storage of wrecked or permanently disabled aircraft, aircraft
parts, automobiles, vehicles of any type, or any other equipment or items
which would distract from the appearance of the leased premises. Lessee
agrees that at no time shall the Leased Premises be used for a flea market type
sales operation.
7. P~intine of Rl];lc1ingR. During the Lease, Term of this Lease Agreement and
during each extension, Lessor shall have the right to require, not more than
once every five years, that the metal exterior of hangar(s) or building(s)
located on the Leased Premises be repainted. The Lessor may require Lessee
to repaint said exteriors according to Lessor's specifications (to specify color
of paint, quality of workmanship and the year and month in which the
hangar(s) or building(s) are to be painted, if needed.) Lessee shall complete
the painting. in accordance with such specifications within one (1) year of
receipt of notice from Lessor. Lessee agrees to pay all costs and expense
involved in the hangar or building painting process. Failure of Lessee to
complete the painting required by Lessor, within the one (1) year period shall
constitute Lessee's default under this Lease Agreement.
8. T Tn~llfhori7:ec1 llRe of T Je~~ec1 PremiReR. Lessee may not use any of the Leased
Premises for any use not authorized herein unless Lessor gives Lessee prior
written approval of such additional use. Without limiting the foregoing the
Leased Premises shall not be used for the operation of a motel, hotel,
restaurant, private club or bar, apartment house, storage of recreational
vehicles, automobiles, or marine vehicles, or for industrial, commercial, retail,
or other purposes, except as authorized herein.
9. DwellinER. It is expressly understood and agreed that no dwelling or domicile
may be built, moved to or established on or within the Leased Premises nor
may lessee, its tenants, employees, invitees, or guests be permitted to reside or
remain as a resident on or within the Leased Premises or other Airport
premIses.
AIRPORT LEASE AGREEMENT NCLLC - Page 7
10. Q1l1t ~o~~~~~i()l1. Lessee shall quit possession of the Leased Premises at the
el1d of the Lease Term or any renewal or extension thereof: or upon
cancellation or termination of the Lease Agreement, and deliver up the Lease
Premises to Lessor in as good condition as existed when possession was taken
by Lessee, reasonable wear and tear excepted.
11. Tndemnity. Lessee must indemnify, hold harmless and defend the Lessor, its
officers, agents and employees, from and against liability for any and all
claims, liens, suits, demands and/or actions for damages, injuries to persons
(il1cluding death), property damage, (including loss of use), and expenses,
including court costs, attorneys' fees and other reasonable costs, occasioned
by or incidental to the Lessee's occupancy or use of the Leased Premises or
the Airport and/or activities conducted in connection with or incidental to this
Lease Agreement, including all such causes of action based on common,
constitutional or statutory law, or based in whole or in part upon the negligent
or intentional acts or omissions of Lessee, its officers, agents employees,
invitees or other perSOl1S. Lessee must at all times exercise reasonable
precautions on behalf of, and be solely responsible for, the safety of its
officers, employees, agents, customers, visitors, invitees, licensees and other
persons, as well as their property, while in, on, or involved in any way with
the use of the Leased Premises. The Lessor is not liable or responsible for
the negligence or intentional acts or omissions of the Lessee, .its officers,
agents, employees, agents, customers, visitors and other persons. The Lessor
shall assume no responsibility or liability for harm, injury, or any damaging
events which are directly or indirectly attributable to premise defects, whether
real or alleged, which may now exist or which may hereafter arise upon the
Leased Premises, responsibility for all such defects being expressly assumed
by the Lessee. The Lessee agrees that this indemnity provision applies to all
claims, suits, demands, and actions arising from all premise defects or
conditions.
THF, T/R~~OR ANn 'THP, T,F,~~EF, RXPRRSST/Y TNTF,Nn THTS
TNDF,MNTTVPROVTSTON TO RP,QTTTRF, T ,F,SSP,P, TO TNDRMNTf{Y
ANn PROTRrT THE T/ESSOR FROM THP, rON~EQTTF,NrRS OF THR
T/F,SSO"R'S OWN NF,GTIGF,NrF, WHTT/F, T,RSSn"R TS PARTTrTPATTNG
TN THT~ T,F,A~R AGRF',F,MRNT WHRRF, THAT NF,GTJGF,NrR TS A
rONrTTRRTNG rAT TSF', OF THF, TNTITRY, DEATH) OR DAMAGF,
NOTWTTHST A NnTNG . THR TERMS O"F THF, PRF,rF,DTNG
SFNTRNrF,S) THTS TNDF,MNTTY PR OVTSTON DOF,~ NOT A PPT ,Y TO
ANY rT,ATM) T/OSS, DAMAGE) rATTSR OF ArTTON) STITT ANn
TIABTIITY WHF,RF, THR TNITTRYJ DRATH) OR DAMAn-F, RF,STTT,ITS
FR OM THE ~OT ,F NF,GT IGF,NrF, OF THFJ T IFJS~OR OR A NY OF TTS
F,MPT,OYF,F/SJ rnNTRA(;TORS) OR An-F/NTS) TTNMTXRT1 WITH THF,
FATTT,T OF ANY OTHF,R PRR~ON OR F/NTTTY
AIRPORT LEASE AGREEMENT NC LLC - Page 8
12. Cnemic~lR. Lessee agrees to properly store, collect and dispose of all
chemicals and chemical residues; to properly store, confine, collect and
dispose of all paint, including paint spray in the atmosphere, and paint
products; and to comply with all Local, State and Federal regulations
governing' the storage, handling or disposal of such chemicals and paints.
Further, the. Lessee shall be solely responsible for all discharges, whether
accidental or intentional, of any chemical and for the costs associated with the
cleanup, remediation and disposal of said chemicals.
13. H~'Z~rn()l]~ A ct;v;tieR. Should Lessee violate any law, rule, restriction or
regulation of the City of Denton or the Federal Aviation Administration, or
any other regulatory authority, or should the Lessee engage in or permit other
persons or agents to engage in activities which could produce hazards or
obstruction to arr navigation, obstructions to visibility or interference with any
aircraft navigational aid station or device, whether airborne or on the ground,
then Lessor shall state such violation in writing and deliver written notice to
Lessee or Lessee's agent on the Leased Premises, or to the person(s) on the
Leased Premises who are causing said violation(s), and upon delivery of such
written notice, Lessor shall have the right to demand that the person(s)
responsible for the violation(s) cease and desist from all such activity creating
the violation(s). In such event, Lessor shall have the right to demand that
corrective action, as required, be conimenced immediately to restore the
Leased Premises into conformance with th~ particular law, rule or aeronautical
regulation being violated. Should Lessee, Lessee's agent, or the person(s)
re~ponsible for the violation(s) fail to cease and desist from said violation(s)
and to immediately commence correcting the violation(s), and to complete
said corrections within twenty-four (24) hours following written notification,
then Lessor shall have the right to enter onto the Leased Premises and correct
the violation(s) at the sole cost and expense of Lessee, and Lessor shal1 not be
responsible for any damages incurred to any improvements on the Leased
Premises as a result of the corrective action process. In addition, such
violation shal1 be considered a material default by Lessee authorizing Lessor,
at its sole option and disc1;etion, to immediately terminate and cancel this
Lease Agreement.
AIRPORT LEASE AGREEMENT NC LLC - Page 9
C. RTGN~. No signs, posters, or other similar devices ("Signage") shal1 be placed on
the exterior of the Lease hnprovements or on any portion of the Leased Premises or Airport
property without the prior written approval of Lessor. Lessee, at its sole expense, shall be
responsible for the creation, installation and maintenance of all such Signage. Lessee shall
pay to Lessor any and all damages, injuries, or repairs resulting from the installation,
maintenance or repair of any such Signage. Any Signage placed on the Leased Premises
shall be maintained at all times in a safe, neat, sightly and good physical condition. All
signage shall be removed from the Leased Premises by Lessee immediately upon receipt of
instructions for removal of same from Lessor, including without limitation, upon expiration
or termination of this Lease Agreement. If Lessee fails to remove the Signage then Lessor
may do so at the sole cost and expense of Lessee. Lessee shall be permitted the right to
place two wall signs, no greater than thirty-two square feet each, identifying the commercial
hangar operation. All signage shall comply with all applicable ordinances including the
City of Denton sign ordinance."
D. ENTRY. Lessor and its designees shall have the right to enter the Leased
Premises ll;pon reasonable advance notice (written or oral) and at any reasonable times for
the purposes of inspecting the Leased Premises, performing any work which Lessor elects
to perform under this Lease Agreement, and exhibiting the Leased Premises for sale,
lease, or mortgage. Nothil?-g in this section shall imply any duty upon Lessor to do any
work, which under any other provision of this Lease Agreement Lessee is required to
perform, and any performance by Lessor shall not constitute a waiver of Lessee's default.
VI. rOVRN ANTS BY T Jf,SSOR
Lessor hereby agrees as follows:
A. PF,A rF,FT IT , F,NTOVMF,NT. Upon on payment of all rent, fees, and performance
of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee
shall peaceably hold and enjoy the Leased Premises and all rights and privileges herein
granted.
B. ~OMPT J A NrF,. Lessor warrants and represents that in the establishment,
construction and operation of the Airport, that Lessor has heretofore aJ.ld at this time is
complyillg with all existing rules, regulations, and criteria distributed by the Federal
Aviation Administration, or any other governmental authority relating to and including, but
not limited to, noise abatement, air rights and easements over adjoining and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for
any action of trespass or similar cause of action by virtue of any aerial operations of
adjoining property in the course of normal take-off and landing procedures from the
Airport; Lessor further warrants and r~presents that at all times during the Lea~e Term, or
any renewal or extension of same, that it will continue to comply with the foregoing.
AIRPORT LEASE AGREEMENT NC LLC - Page 10
VII. ~PR(;T A T I r()NnTTTON~
It is expressly understood and agreed by and between Lessor and Lessee that this
Lease Agreement is subject to the following special terms and conditions.
RTTNW A y~ ANn T A XTW A y~. Because of the present thirty thousal1d (30,000)
pound continuous use weight bearing capacity of the runway and taxiways of the Airport,
, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing,
to aircraft having an actual weight, including the weight of its fuel" of thirty thousand
(30,000) pounds or less, until such time that the runway and designated taxiways on the
Airport have been improved to handle aircraft of such excessive weights. It is further
agreed that, based on qualified engineering studies, the weight restrictions and provisions of
this clause may be adjusted, up or down, and that Lessee agrees to abide by any such
changes or revisions as such studies may dictate. "Aeronautical activity" referred to in this
clause shall include any activity of the Lessee or its agents or subcontractors, and its
customers and invitees, but shall not include those activities over which it has no solicitory
part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of
violating the provisions of this section. on two or more occasions shall be sufficient to cause
the immediate termination of this entire Lease Agreement and subject Lessee to liability for
any damages to the Airport that might result.
VIII. T :RA~RHOT In TMPR ()VF,MRNT~
A. RRQTITRRMF,NT~. Before commencing the construction of any improvements
on the Leased Premises including Lessee's Improvements (the "Lease Improvements"),
Lessee shall submit:
1. Documentation, specifications, or design work, to be approved by the Lessor,
which shall establish that the improvements to b~ built or constructed upon the
Leased Premises are in conformance with the overall size, shape, color, quality
and design, in appearance and structure of the program established by Lessor
on the Airport.
2. AIl plans and specifications showing the location upon the Leased Premises of
the proposed construction and improvements;
3. The estimated cost of such construction.
No construction may commence until Lessor has approved the plans and
specifications and the location of the Lease hnprovements, and the estimated costs of such
construction. Approval by the Lessor shall not be unreasonably withheld. Documentary
evidence of the actual cost of construction on public areas only (such as taxiways) shall be
delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by
Lessee, and Lessor's City Manager or designee is hereby authorized. to endorse upon a copy
of this Lease Agreement filed with the City Secretary of Lessor such actual amounts as he
shall have found to have been paid by Lessee, and the findings of the City Manager when
AIRPORT LEASE AGREEMENT NC LLC - Page 11
endorsed by him upon said contract shall be conclusive upon all parties for all purposes of
this Lease Agreement.
No later than 30 days after completion of the Lease Improvements, Lessee shall
submit to Lessor detailed as built plans of the Lease Improvements and documentary
evidence acceptable to Lessor evidencing the total cost to construct the Lease Improvements
("Cost to Construct Lease Improvements").
B. ADDTTTONAT, ~ON~T"RTTrTTON O"R TMPROVRMFJNTS: Lessee is hereby
authorized to construct upon the Leased Premises, at its own cost and expense, buildings,
hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in
connection with the operations authorized by this Lease Agreement, provided however,
Lessee shall comply with all of the requirements of Section VID.A., above. Such additional
improvements shall be a part of the Lease Improvements.
C. OWNF,R SHIP OF TMPR OVRMFJNT~: Except as otherwise provided in this
Lease Agreement, the Lease Improvements constructed upon the Leased Premises by
Lessee shall remain the property of Lessee during the Lease Term subject to the following
conditions, terms and provisions:
1. Remov::ll of Rl]ilC1inE~. No building or permanent fixture may be removed
from the Leased Premises.
2. A~Rllmptioll. The Lease Improvements shall automatically become the
property of Lessor absolutely free, without any cost to Lessor, at the end of the
Lease Term, or any extension thereof.
3. "F~il11re to (;omplete TJ~R~ee'~ TmprovementR. The Lease Improvements shall
immediately become the property of Lessor at no cost, expense, or
compensation to Lessee should Lessee fail to complete the Lessee's
Improvements within the Construction Period as provided in Section II.e of
this Lease Agreement.
4. (;~n~~l1~tioll or Termill~tion. Should this Lease Agreement be cancelled or'
terminated before the end of the Lease Term, or extension thereof, Lessor shall
have the right to purchase all of the Lease Improvements. In the event of a
cancellation or termination, other then due to a default by Lessee that has not
been cured as provided below, the purchase price shall be equal to the most
recent value of the Lease Improvements as determined by the Denton County
Central Appraisal District ("Value of the Lease Improvements") reduced by
1/30 for each year of the Lease Term that has expired as of the date of
termination (the "Purchase Price"). Should the Denton County Central
Appraisal Di~trict not determine a separate. value for the Lease Improvements
then the Purchase Price will be determined taking the Cost to Construct the
Lease Improvements reduced by 1/30 for each year the Lease Term has
expired as of the date of termination. If the termination or cancellation is due
AIRPORT LEASE AGREEMENT NC LLC - Page 12
to a default by Lessee tllat has not been cured within 30 days after written
notice of.default to Lessee, then the Purchase Price as determined above shall
be reduced by 50%.
IX. STTRROGA TTON OF MORTGAGFJ=i:
Any person, corporation or. institution that lends money to Lessee for construction
of any hangar, structure, building or improvement and retains a security interest in said
hangar, structure, building or improvement shall, upon default of Lessee's obligations to
said mortgagee, have the right to enter upon the Leased Premises and operate or manage
said hangar, structure, building or improvement according to the terms of this Lease
Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the
loan is paid in full, whichever comes fIrst, but in no event longer than the Lease Term. It
is expressly understood and agreed that the right of the mortgagee referred to herein is
limited and restricted to those improvements constructed with funds bon"owed from
mortgagee, those improvements purchased with the borrowed funds, and those
improvements pledged to secure the refinancing of the improvements.
X. RTGHT OF RASRMRNT
Lessor shall have the right to establish easements, at no cost to Lessee, upon the
Leased Premises for the purpose of providing underground utility services to, from or
across the Airport property or for the construction of public facilities on the Airport.
However, any such easements shall not interfere with Lessee's use of the Leased Premises
and, Lessor shall restore the property to the original condition as is reasonable practicable
upon the installation of any utility services on, in, over or under any such easement at the
conclusion of such construction. Construction in or at the, easement shall be completed
within a reasonable time.
XI. ASSTGNMF,NT OF T IF,ASF,
Lessee expressly covenants that it will not assign this Lease Agreement, convey more
than fifty percent (50%) of the interest in its business, through the sale of stock or otherwise,
transfer, license, nor sublet the whole or any part of the Leased Premises for any purpose,
except for rental of hangar space or tie-down space for storage of aircraft only, without the
written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval
of such sale, sublease, transfer, license, or assignment of the facilities for Airport related
purposes; provided however, that no such assignment, sublease, transfer, license, sale or
otherwise shall be approved if the rental, fees or payments, received or charged are in excess
of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion
of the Leased Premises proposed to be assigned, subleased, transferred, licensed, or
otherwise. The provisions of this Lease Agreement shall remain binding upon the
assignees, if any, of Lessee.
AIRPORT LEASE AGREEMENT NC LLC - Page 13
XII. TN~TTR A NrF,
A. RRQTITRRD TNSTTRANrR: Lessee shall maintain continuously in effect at all
times during the term of this Agreement, at Lessee's expense, the following insurance
coverage:
1. Comprellensive general liability covering the leased premises, the Lessee or its
company, its personnel, and its operations on the airport.
2. Aircraft liability to cover all flight operations of Lessee.
3. Fire and extended coverage for replacement value for all facilities used by the
Lessee either as a part of this Agreement or erected by the Lessee subsequent
to this Agreement.
4. Liability insurance limits shall be in the following minimum amounts:
Bodily Injury and Property Damage:
One Million Dollars ($1,000,000) combined single limits on a per occurrence
basis.
5. All policies shall name the City of Denton as an additional named insured and
provide for a minimum of thirty (30) days written notice to the City prior to
the effective date of any cancellation or lapse of such policy.
6. All policies must be approved by the Lessor.
7. The Lessor .shall be provided with a c'opy of all such policies and renewal
certifi cates.
During the term of this lease, Lessor herein reserves the right to adjust or increase the
liability insurance amounts required of the Lessee, and to require any additional rider,
provisions, or certificates of insurance, and Lessee hereby agrees to provide any such
insurance requirements as may be required by Lessor; provided however, that any require-
ments shall be commensurate .with insurance requirements at other public use airports
similar to the Denton Municipal Airport in size and in scope of aviation activities, located in
the southwestern region of the United States. Lessee herein agrees to comply with all
increased or adjusted insurance requirements that may be required by the Lessor throughout
the original or extended term of this lease, including types of insurance and monetary
amounts or limits of insurance, and to complYvvith said insurance requirements within sixty
(60) days following the receipt of a notice in writing from Lessor stating the increased or
adjusted insurance requirements. Lessee shall have the right to maintain in force both types
of insurance and amounts of insurance which exceed Lessor's minimum insurance
requirements.
AIRPORT LEASE AGREEMENT NC LLC - Page 14
In the event that State law should be amended to require types of insurance and/or
insurance amounts which exceed those of li~e or similar public use airports in the south-
western region of the United States of America, then in such event, . Lessor shall have the
right to require that Lessee maintain in force types of insurance and/or amount of insurance
as specified by State law.
Failure of Lessee to comply with the minimum specified amounts or types of
insurance as required by Lessor shall constitute Lessee's default of this Lease.
XIII. rA N~FJ J ,A TTON RY T (F5~~SOR
In the event that Lessee shall file a voluntary petition in banlauptcy or proceedings in
bankruptcy shall be instituted against it and Lessee thereafter is adjudicated banlaupt
pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets
pursuant to proceedings brought under the provisions of any Federal reorganization act, or
Lessee shall be divested of its estate herein by other operation of law; or Lessee shal1 fail to
perform, keep and observe any of'the terms, covenants, or conditions herein contained, or
on its part to be performed, the Lessor may give Lessee written notice to correct such
condition or cure such default and, if any condition or default shall continue for thirty (30)
days after the receipt of such notice by Lessee, then Lessor may terminate this Lease
Agreement by written notice to Lessee. In the event of default, Lessor has the right to
purchase any or all of the Lease hnprovements under the provisions of Section VDI.C.4.
hereof.
XIV. (;A N(;RT 1 ,ATTON BY T ,RSSF:F,
Lessee may cancel this Lease Agreement, in whole or part, and terminate all or any of
its obligations hereunder at any time, by thirty (30) days written notice, upon or after the
happening of anyone of the following events: (1) issuance by any court of competent juris-
diction of a permanent injunction in any way preventing or restraining the use of the Airport
or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or
agreements contained herein and the failure of Lessor to remedy such breach for a period of
ninety (90) days after receipt of a written notice of the "existence of such breach; (3) the
inability of Lessee to use the Lease Premises and facilities continuing for a longer period
than ninety (90) days due to any law or any order, rule or regulation of any appropriate
governmental authority having jurisdiction over the operations of Lessor or due to war,
earthquake or other casualty; or (4) the assumption or recapture by the United States
Government, 9r any authorized agency thereof, of the maintenance and operation of said
, airport and facilities or any substantial part or parts thereof.
l]pon the happenirlg OfflllY of the fo~eyents listed in the preceding Para.graph,such
that the Leased Premises cannot be used for aviation purposes, then the Lessee may cancel
this Lease Agreement as aforesaid, or may elect to continue tIns Lease Agreement under its
terms, except, however, that the use of the Leased Premises shall not be lim.ited to aviation
purposes, their use being only limited by such laws and ordinances as may be applicable at
that time.
AIRPORT LEASE AGREEMENT NC LLC - Page 15
XV. MTS~FJ J,ANF,OTTS PROVTSTONS
A. F,NTTRF, AG-RREMENT. This Lease Agreement constitutes the entire
understanding betwe,en the parties and as of,its Effective Date supersedes all prior or
independent Agreements between the parties covering the. subject matter hereof. Any
change or modification hereof shall be in writing signed by both parties.
B. RlNDTNG- F,FFFJ~T. All covenants, stipulations and agreements herein shall
extend to, bind and inure to the benefit of the legal representatives, successors and assigns
of the respective parties hereto.
C. SF,VF:R A RTI ,TTY. If a provision hereof shall be finally declared void or illegal by
any court or administrative agency having jurisdiction, the entire Lease Agreement shall not
be void; but the remaining provisio.ns shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
D. NOTTrF,. Any notice given by one party to the other in connection with this
Lease Agreement shall be in writing and sllall be sent by certified mail, return receipt
requested, with postage fees prepaid or via facsimile as follows:
1. If to Lessor, addressed to:
City Manager
City of Denton
215 E. McKinney Street
Denton, Tex.as 76201
Fax No.940.349.8596
2. Ifto Lessee, addressed to:
lve Real Estate LLC.
John A. Vallil, Pll.D, President
1424 Gables Corn"t
PIano, Texas 75075
Pllo11e' (972) 599-9550
Fa-x No. (972) 964-1928
E. BRA DTNGS. The headings used in tbis Lease Agreement are intended for
convenience of reference only.'and do not define or limit the scope or meaning of any
provision of this Agreement.
F. GOVF:RNTNG T ,A W ANn VF,NTTR. This Lease Agreement is to be construed in
accordance with the laws of the State of Texas and is fully performable in Denton County,
Texas. Exclusive venue for any lawsuit to enforce the terms or conditions of this Lease
AIRPORT LEASE AGREEMENT NC LLC - Page 16
Agreement shall be a court of competent jurisdiction in Denton County, Texas.
G. NO W A lVF,R. No waiver by Lessor or Lessee of any default or breach of
,covenant or term of tIns Lease Agreement may be treated as a waiver of any subsequent
default or breach of the same or any other covenant or term oftrus Lease Agreement..
H. NO AGF,NrV. During all times that this Lease Agreement is in effect, the parties
agree that Lessee is and shall not be deemed an agent or employee of the Lessor.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the
Effective Date first above written. .
CITY OF DENTON, TEXAS, LESSOR
ATTEST:
JENNJl?ER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PR Y, CITY ATTORNEY
BY:
JVC Real Estate, L.L.C.
AIRPORT LEASE AGREEMENT NC LLC - Page 1 7
ACKNOWLEDGMENTS
THE STATE OF TEXAS 9
COUNTY OF. DENTON 9
This mstrument was acknowledged before me on theef!~day of ~ ' 2004, by
Micllael.A. Conduff, City Manager of the City of Denton, Texas, on behalf of said
municipality.
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JANE E. RICHARDSON
Notary Public, State of Texas
~~y Commission Expires
June 27, 20Q5
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N I ARYPUBLIC, STATE OF TEXAS
THE STATE OF TEXAS S
COUNTY OF DENTON 9
This mstrument was acknowledged before me on the t;tJ. day of
John A. Vann, President, NC Real Estate L.L.C.
, 2004 by
NO
Ct2L:r
Y PUBLIC, STATE OF TEXAS
AIRPORT LEASE AGREEMENT JVC LLC - Page 18
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C:\DOCUME-I 'Llreed}ALOCALS- L\1" c:mp\IVC Spartan ~gament.doc
LEASE ASSIGNNlENT OF PAD SITE AT DENTON
MUNICIP AL AIRPORT
DATE:
May 3, 2005
ASSIGNOR: JVC Real Estate LLC
ASSIGNEE: January Aviation, LLC
LEASE:
Date:
Landlord:
Tenant: .
Premises:
April 20, 2004
City of Denton, Texas
NC Real Estate LLC
The property located at 4705 Spartan Drive, Denton, T.exas 76207
and more fully described in the attached Exhibit A. which is made a
part of this Assignment for all purposes.
Assignor assigns to Assignee Tenant's interest in the lease.
A. Assignee Agrees To:
1. Assume Tenant's Obligations under the Lease.
2. Accept the premises in their present "as is" condition.
3. , Complete all obligations of purchase from Assignor prior to this Assignment
becoming effective.
Landlord consents to this assignment. Landlord agrees to notify Assignor within 30 days of any
Assignee default.
B~ Assignor agrees that:
1. Assignor will remain liable on the Lease should Assignee default on the Lease.
PREVIOUS ASSIGNMENTS: None
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Fqr\TVC R~al ~state LLC, John A. V ann, Manager, Assignor
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Michael A. Conduff, Ci ;/' ager
Attest:
Jennifer Walters, City Secretary
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Approved as to Legal Form:
Edwin M. Snyder, Interim City Attorney
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ~ day of At. v/ I ,
2005, by John a. Vann, President of lVe Real Estate, LLC, a Texas Limited Liability Company,
on behalf of said Company.
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BRANDT HEITZMAN
Notary Public, State of Texas
My Commission Expires
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the LBJh day of
2005~ by Jim Lancaster, President of J ariuary Aviation, LLC, a Texas Limited
on behalf of said Company.
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C:\DOCUME-t\rlre<:d)^LOCALS-I\Temp\IVC SparL'Ul As:si gDlDml.dDc
STATE OF TEXAS
COUNTY OF DENTON
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s Instrument was ac ow e ge e ore me on e ,?'- ay 0 / /~.tJ.A:.,I-~'- ,
2005, by Michael A. Conduff, City Manager .on behalf the City of Denton, Texa .;.' at;m.unicipal
corporation.
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Page 3 of3
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DENTON MUNICIPAL AIRPORT, TERMINAL BUILDING, 5000 AIRPORT RD.
DENTON, TEXAS 76207 (940) 349-7736 - (940) 349-7744 - Fax (940) 349-7289
May 4, 2006
VIA CERTIFIED MAlL
RETURN RECEIPT REQUESTED #70042890 0003 5971 1217
AND FIRST CLASS MAlL
Mr. Jim Lancaster, President
J anuary Aviation, LLC
365 Miron, Suite A
Southlake, Texas 76092 ,
RE: Airport Lease Agreement dated April 20, 2004 between the City of Denton, Texas
and JVC Real Estate LLC. (the "Lease Agreement")
Dear Mr. Lancaster:
Please let this letter service as a follow up to your email correspondence dated April 24,
2006 concerning the Commercial Airport Operator Lease Agreement between JVe Real
Estate, LLC (JVC) and the City of Denton dated April 20, 2005 and assigned to January
Aviation, LLC on May 3,2005.
As stated in Article II Cof the lease, January Aviation is required to begin construction
of the hangar/office facility within 720 days from the date of the agreement. I have
attached a copy of this section to this document for your reference. This letter shall serve
as written notification that J anuary Aviation is in default of the agreement for failing to
commence construction of the hangar/office facilities required by the Lease Agreement.
On December 20, 2005, January 10, 2006, February 9 and February 24, 2006, Airport
Staff notified you via phone of the April 20, 2006 construction requirement.
You are p.ereby given notice that you are in default of the Lease Agreement by failing to
construct the required improvements as provided in Article II C of the Lease Agreement.
If this default continues for thirty (30) days after the receipt of this notice, the City of
Denton will terminate the Lease Agreement. A copy of this letter will also be provided to
Dr. John Vann, President, JVC Real Estate LLC as a condition of the May 3,2005 Lease
Assignment.
"Dedicated to Qualihj Service"
ILnvIo.ci tyofdento71. conI
EXHIBIT 4
Mr. Jim Lancaster
May 4, 2006
Page 2
Should you have any questions concerning this issue please do not hesitate to contact me
at (940) 349- 7744. Thank you for your cooperation on this matter.
Regards,
.~
/'~~< L/M2A----
Tim Whitman,
Airport Manager
Attachments
cc: John Vann, President, JVC Real Estate LLC
Howard Martin, Acting City Manager
Herb Prouty, Consulting City Attorney
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DRAFT MINUTES
AIRPORT ADVISORY BOARD MEETING
JULY 12, 2006
After determining that a quorum was present, the Airport Advisory Board convened for a
Regular Meeting on Wednesday, July 12,2006 at 5:30 p.m. in the Denton Civic Center Building
in the Community Room at 321 East McKinney, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, Jay
Anderson, Charles Brown, Bob Eames, Larry Luce, and John Kristoferson.
BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Tim Whitman,
Airport Manager, Herb Prouty, Consulting Attorney, and Julie Mullins, Aviation Assistant.
PUBLIC PRESENT: John Vann and Jan Vann
ITEMS FOR INDIVIDUAL CONSIDERATION
V. Receive a report, hold a discussion to consider a recommendation to City Council
regarding the default of the January Aviation, LLC lease assignment and the JVC
Real Estate, LLC original lease agreement and authorizing the City Attorney or his
designee to take appropriate legal action, if necessary, to effectuate the termination;
and providing an effective date. The Airport Advisory Board reserves the right to
convene into executive session for deliberations regarding real property under
TEXAS GOVERNMENT CODE Section 551.072.
Airport management referenced the backup material presented to the Advisory Board
and gave an overview of the JVC Real Estate, LLC/January Aviation, LLC lease
agreement and assignment. Airport management is favorable to the proposed
termination based on the default of the assignment and original lease.
Mr. Woolfolk asked if all parties have been properly notified with all necessary
documentation regarding the default/termination of the lease.
Mr. Prouty affirmed that all parties have been properly notified.
Mr. Woolfolk recognized Dr. John Vann, JVC Real Estate.
Dr. John Vann stated that he had a business plan for the development of the lot when
he entered into the agreement, however, he assigned the lease to January Aviation
after they expressed significant interest. Dr. Vann recognized that Airport
Management notified him of the inaction and potential default six months prior to the
performance deadline. Dr. Vann indicated that he communicated with representatives
Exhibit 5
AIRPORT ADVISORY BOARD DRAFT MINUTES
JULY 12, 2006
PAGE 2
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with January Aviation to gauge whether they were still moving forward with the
project and they reported to him that they had intentions to develop the site.
Mr. Nelson gave the Board some background information on past leases that have
defaulted and tied up land that could have generated quality revenue. Mr. Nelson
reminded the Board of recent amendments to the Standard Lease that include timely
performance measures to ensure specific action is taken on proposed developments so
that beneficial progress is made on the Airport.
The Board agreed that default on this lease by January Aviation and JVC Real Estate
would not prohibit JVC Real Estate from entering into another agreement on the lot at
a later date should JV C Real Estate demonstrate an interest.
A motion was made by Don Smith to approve the default of the January Aviation,
LLC/JVC Real Estate, LLC lease agreement and assignment and terminate said lease
agreement. Bob Eames seconded the motion. Motion carried 6-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
CM:
Utilities
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Consider approval of an ordinance authorizing an Agreement between the City of Denton, Texas
and Robson Denton Development, L.P., providing for the acquisition through purchase or
condemnation of certain water utility and temporary construction easements located in the E.
Pizano Survey, Abstract Number 994, and the B.B.B. & C.R.R. Co. Survey, Abstract Number
158, the City of Denton, Denton County Texas, and Being Within A Parcel Of Land Conveyed
To Petrus Investments, LP By Deed Recorded In Volume 4246, Page 574, And Within A Parcel
Of Land Conveyed To Robson/35W Investors, L.P., By Deed Recorded In Volume 5090, Page
1241 Of The Deed Records Of Denton County, Texas; and providing an effective date. The
Public Utilities Board recommends approval (6-0).
BACKGROUND
The City entered into a Letter of Understanding with Robson Denton Development, LP in
approximately January of 2000 that outlined a utility services agreement for the Robson Ranch
development. The agreement provided that Robson would provide wells for temporary water
service which would be operated and maintained by the City, until the City's Lake Ray Roberts
water treatment facility, and the ground storage and booster pump station facility located off of
John Payne Road east of Interstate 35W were completed. The last component of these public
water infrastructure projects, the southwest booster pump station, is currently under construction
as part of the Water Utilities Capital Improvements Program. The pump station is due to come
on line and be fully operational by the end of the year. Robson will pay for its share of these
facilities through the normal payment of impact fees applicable to all of the water system
customers in the Robson development.
Under the terms of the Letter of Understanding Robson Denton Development is responsible for
extending the water distribution line from the southwest pump station site to the Robson Ranch
Development. The water line will go from the pump station west across I35W, from there south
west to Crawford Road, and then due west to the Robson property. The City will participate in
over sizing the waterline from the pump station across I35W to allow for additional capacity to
service future needs as part of the overall water utility service delivery plans for the area.
There are six tracts needed for the construction of the water line. Robson Denton Development,
LP has been negotiating the easement acquisitions and it has become apparent that they will not
be able to come to terms with all of the property owners. It may well be necessary to use the
City's power of eminent domain for the Petrus Investment, LP tracts and the Robson/35 W
Investors, LP tract. It is the typical City staff policy to require land developers to procure any
off-site street right-of-ways or easements necessitated by their development on their own. There
are instances in which the development of a particular site generates a regional need to insure the
public health, safety and welfare beyond the limits of the proposed development. Staff believes
this is one of those instances, as the waterline will provide service to all of the water system
customers in the Robson development as well as being an integral part of the overall regional
infrastructure components being considered to provide water service to this area of the City. The
Agreement will bind the developer to cover the costs of the easement acquisitions. Staff
recommends approval of the Agreement.
OPTIONS
1. Approve the Ordinance.
2. Do not approve Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
PUB Approval July 10, 2006
FISCAL INFORMATION
All costs associated with these acquisitions will be paid for by the Developer, Robson Denton
Development, L.P.
EXHIBITS
1. Location Map
2. Ordinance
3. PUB Minutes
Respectfully submitted,
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Exhibit 1
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND ROBSON DENTON DEVELOPMENT. LP PROVIDING FOR THE
ACQUISTION THROUGH PURCHASE OR CONDEMNATION OF CERTAIN WATER
UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS LOCATED IN THE E.
PIZANO SURVEY, ABSTRACT NUMBER 994, AND THE B.B.B. & C. R.R. CO. SURVEY,
ABSTRACT NUMBER 158, THE CITY OF DENTON, DENTON COUNTY TEXAS AND
BEING WITHIN A PARCEL OF LAND CONVEYED TO PETRUS INVESTMENTS, LP, BY
DEED RECORDED IN VOLUME 4246, PAGE 574, AND WITHIN A PARCEL OF LAND
CONVEYED TO ROBSON/35W INVESTORS, L.P., BY DEED RECORDED IN VOLUME
5090, PAGE 1241 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council hereby finds that it is in the public interest to enter into an
agreement with Robson Denton Development; LP providing for the acquisition of certain public
easements in the name of the City of Denton, a copy of which agreement is attached hereto and
made a p'\l1 hereof as Exhibit A (the "Agreement"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The Agreement is hereby approved. The City Manager or bis designee, is
hereby authorized to sign the Agreement on behalf of the City.
SECTION 3 ~ This ordinance shall bepome effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER W ALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL ORM:
EDW~R. eIT ATTORNEY
BY: ~
Exhibit 2
AGREEMENT
WHEREAS, Robson Denton Development, LP, an Arizona Limited Partnership
("Developer") is the developer of a subdivision or addition to the City of Denton, Texas (the "City")
known as Robson Ranch (the "DeveIopmenf'); and
WHEREAS, certain water line easements are necessitated by the Development as more
particularly described in Exlnbit "N' attached hereto and made a part hereof by reference (the
"Easements" or ''Easement Property"); and
WHEREAS, there is a public interest for the City's acquisition of the Easements as the
waterlines to be constructed in the Easements will serve the comnunity as wen as the Development;
and .
WHEREAS, the Easement Property is owned by another property owner who is unwilling to
grant or convey the Easements for public use at fair market value; and
WHEREAS, the Developer has requested, in accordance with State law, that the City use its
power of eminent domain to obtain the Easements; and
WHEREAS, the condemnation of the Easements are in the public interest and for a public
purpose; NOW, THEREFORE,
WITNESSETH:
This agreement is made this day of , 2006, by and between
Developer and the City, in consideration of the mutual covenants and promises of each, agree as
follows:
L Attorn~.yt~ Sprvi~ The City Attorney, with the approval of Developer shall retain
local colmSel to provide the legal services to negotiate the acqtmition of and institute and pursue
proceedings in eminent domain to acquire the Easements, in the name of and as the property of the
City. The local counsel sbaIl prepare all petitions, motions, notices, and other legal documents
necessary to initiate and prosecute condemnation proceedings, subject to the review and approval of
the City Attorney. The ~eloper shall pay all attorney fees directly to local counsel
n. "P.yment of Cnnd4mlD9tion C~ hy npv~lop~r.. All filing fees and courts costs,
appraiser, expert witness fees, condemnation awards and judgments, recording fees, or other costs or
fees resulting from or associated with the condemnation (called "Costs") shall be paid by Developer.
llL Payment of Aeql1idtinn Cnd: fly n~ve1oper.. Developer agrees that it will pay the
award for the condemnation made either by the Special Cormnissioners, or on appeal, by judgment of
the cowt~ Should the condermation case be non-suited or dismissed at any time prior to the entering
of a judgment in tlm matter, Developer agrees to pay any costs assessed by the court .against City
including, but not limited to, attorney, expert witness fees and costs of the condenmee.
IV. AWJlI of rnmmi~onnp"' AWArd. It: by reason of the 3l11Ount of the
commissioners' award made, Developer is obligated to deposit in satisfaction of the award to seek
right of immediate possession any am:>unt in excess of market value for the Easement, then Developer
may request, in writing within ten days of said award, that City appeal the award made. Upon such
request and the City's determination that the award was excessive, the City may, in fu1filhnent of its
sovereign duties and obligations within its sole discretion, authorize an appeal of the award Developer
shall pay all costs and expenses of an appeal of the commissioners' award whether appealed by the City
or the condemnee. Upon final judgment of such- appeal, Developer shall pay the judgment of the court.
v. E~lIf nfFllnds" Before the ~ shall proceed with any condemnation
proceedings, Developer shall pay to the City $425,000. as secmity for the payment of the Costs (the
''Escrow'')~ If the Escrow is not paid within 30 days of the date of this Agreenlellt, this Agreement
shall automatically terminate~ Should the Costs exceed the Escrow, Developer shall tender to the City
the difference together with an amount deemed reasonably necessary by the City to continue to
prosecute the case, no later than 30 days after written notice from the City. A faihtte to supplement the
Escrow within said 30-day period may resuh in the City's tennination of the case at Developer's sole
expense. Developer understands that the Commissioners' Award together with other costs to that date
could exceed the amount of the Escrow. In such case Developer must pay to the City the difference,
before the amount of the Commissioners' Award could be deposited and possession of the Easements
could be obtained, pending final disposition of the case. If the Escrow exceeds the final Costs, the City
shall reimbmse Developer the difference no later than 60 days after entry of a final non-appealable
judgment, date of settlement with the condemnees, or date the condenmation is terminated or
abandoned, whichever occurs first~ The City shall pay no interest on the Escrow. The City is
pennitted to draw rooney out of the Escrow at any time and without the consent of Developer for
payment of the Costs, or any portion thereof
VL Re)PJl~.. Developer agrees that the acquisitions of the Easements provided for in this
agreement are fur the following public purpose: Public waterline facility purposes. Developer further
agrees that it shall not make any claim against City, or hold City liable, for any loss or damage suffered
or incurred by Developer as" a result of any intermption or delay in condenming or acquiring the
Easements or to complete any required off-site itnprovements resulting from any legal challenge to the
right of City to condenm the Easements, provided the City takes reasonable steps to address each such
legal challenge.
VR Entire AereeJnent. This instnnnent contains the entire agreement between the parties,
and' no statement, promise, or inducements made by any party or agent of any party that is not
contained in this written contract shall be valid or binding; and this agreement may not be enlarged,
modified, or altered except in writing signed by all the parties and endorsed hereon '
VR V ~np~ Any action at law, suit in equity or judicial proceeding for the enforcement of
this contract or any provision thereof shall be instituted only in the courts of Denton CoUnty, Texas.
VIII. A.~~ment_ It is agreed by the parties that there will ~ no assignlIlent of this
agreement without the written consent of all parties~
IX. Notir-.eL All notices, connnunications, and reports required or pennitted under this
Agreement shall be personally delivered or mailed to the respective parties by depositing same in
the United States mail to the addresses shown below, certified mail, return receipt requested,
unless otherwise specified herein:
To DEVELOPER:
To CITY:
Robson Denton Development, LP
9532 East Riggs Road
Sun Lakes, AZ 85248
Attention: Peter Gerstman
Edwin M. Snyder
City Attorney's Office
City of Denton
215 East McKinney Street
Denton, Texas 76201
X. T "imitatinn_ Notwithstan.ding anything to the contrary contained her~ the total
liability of Developer for payments under or pursuant to this Agreement, including but not limited to
payment of attorneys' fees, Costs, and any condemnation award, and including but not limited to any
amounts paid towards the Escrow, shall not exceed $425,000.00, without additional authorization and
agreement between the parties herein. However, Developer sball be" fully responsible for all costs and
expenses and voluntary dismissal judgments (or judgments where dismissal is not available) through the
"shut down" dateA
EXECUTED on the date first above written.
CITY OF DENTON, TEXAS
Howard Martin
INTERIM CITY MANAGER
215 E~ McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN SNYDER, CITY ATTO Y
BY:
ROBSON DENTON DEVELOPMENT, LP,
An Arizona Limited Partnership
By: Denton Property Management Company,
An Arizona Corporation doing business in
Texas as Robson Denton Management
Company, its Sole General Partner
BY:
v
Name:
<l4Mt.-..l ?~/A,l OJ
Title:
v~ p.
ATTEST:
\/. rWt61J~
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1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 July 10, 2006
4
5
6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
7 present, the Vice-Chair of the Public Utilities Board convened a Closed Meeting on Monday,
8 July 10, 2006 at 9:03a.m. in the Service Center Training Room, City of Denton Service Center,
9 901-A Texas Street, Denton.
10
11 Present: Vice Chair Dick Smith, George Hopkins, Bill Cheek, John Baines (arrived at 9:13
12 a.m.), Phil Gallivan and Bob Bland
13
14 Absent: Chair Charldean Newell (excused)
15
16 Ex Officio Member:
1 7 Present: Howard Martin, Interim City Manager
18
19 CONSENT AGENDA:
20 The Public Utilities Board has received background information, staff's recommendations, and
21 has had an opportunity to raise questions regarding these items prior to consideration.
22
23 1) Consider recommending approval of the proposal from Andritz-Ruthner, Inc., for
24 refurbishment of the belt presses at the Pecan Creek Water Reclamation Plant in an amount
25 not to exceed $160,000.
26
27 2) Consider recommending approval of Bid No. 3488 for construction of sanitary sewer
28 manholes by the low bidder Lone Star Manhole & Structures, LLC, in an amount not to
29 exceed $60,000.
30
31 3) Consider recommending approval of a proposed Agreement by and between the city and
32 Robson Denton Development, L.P. regarding the city's acquisition by purchase or
33 condemnation of approximately 5.16 acres of land, situated in the E. Pizano Survey, Abstract
34 No. 994 and the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton
35 County, Texas; by and between the city and Robson Denton Development, L. P.; for
36 purposes of acquiring said real property for a public water line, water facilities and related
37 appurtenances.
38
39 4) Consider recommending approval of the city's acquisition by purchase or condemnation of
40 approximately 5.089 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and the
41 B.B.B. & C. RR. Survey, Abstract No. 158, City of Denton, Denton County, Texas; believed
42 to be owned by Petrus Investments, L.P.; for purposes of acquiring said real property for a
43 public water line, water facilities and related appurtenances.
44
45 5) Consider recommending approval of the city's acquisition by purchase or condemnation of
46 approximately 0.0671 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and
47 the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton County, Texas;
48 believed to be owned by Robson/35 West Investors, L.P.; for purposes of acquiring said real
49 property for a public water line, water facilities and related appurtenances.
50
51 Board Member Phil Gallivan moved to approve Items 1 through 5 with a second from
52 Board Member George Hopkins. The motion was approved by a vote of 6-0.
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
CM:
Utilities
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Consider approval of an ordinance declaring a public necessity exists and finding that public
welfare and convenience requires the taking and acquiring of a permanent water line easement
and a temporary construction easement located in the E. Pizano Survey, Abstract Number 994,
Denton County Texas and Being Within A Parcel Of Land Conveyed To Robson/35W Investors,
L.P., By Deed Recorded In Volume 5090, Page 1241 Of The Deed Records Of Denton County,
Texas; authorizing the City Manager or his designee to make an offer to purchase the easements
and if such offer is not accepted, authorizing the City Attorney, or his designee, to institute the
necessary proceedings in condemnation in order to acquire the easements; and providing an
effective date. The Public Utilities Board recommends approval (6-0).
BACKGROUND
The proposed and future build out of the Robson Ranch development is conditioned upon the
City requirement that Robson provide an offsite water line to provide connectivity from the
southwest pump station that is currently under construction to the Robson Ranch development.
The developer has been interacting with Robson 35/W Investors, LP; in pursuit of acquiring the
necessary easements to build the southwest pump station waterline. Their negotiations with
Robson 35/W have been unsuccessful to date, and the developer has requested that the City
initiate condemnation proceedings to acquire the necessary easement tracts. Staff recommends
approval of the Ordinance.
OPTIONS
1. Approve the Ordinance.
2. Do not approve Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
PUB Approval July 10, 2006
FISCAL INFORMATION
All costs associated with these acquisitions will be paid for by the Developer, Robson Denton
Development, L.P.
EXHIBITS
1. Location Map
2. Ordinance
3. Minutes
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by
~'~".., ~;', :::,
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, ,
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. ," -~&t-I~
...;~..-:-..: ". .i:"" ..==-:'1+-:
Pamela England
Real Estate Specialist
2
(1)
.~
15
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Exhibit 1
ORDINANCE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT LOCATED IN THE E. PIZANO SURVEY, N3STRACT NUMBER 994,
DENTON COUNTY TEXAS AND BEING WITHIN A PARCEL OF LAND CONVEYED TO
ROBSON/35W INVESTORS, L.P., BY DEED RECORDED IN VOLUME 5090, PAGE 1241
OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS
AND IF SUCH OFFER IS NOT ACCEPTED, AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE EASEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is hereby determined tqat a public necessity exists and the public welfare
and convenience hereby require the acquisition of a permanent easement and a temporary
construction easement as described herein; and
WHEREAS, the hereinafter described easements are believed to be within property
owned by Robson/35W Inverstors, LP ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Public necessity exists and public welfare and convenience require the
acquisition of the following described easeme~ts:
a. A permanent water line easement in, under, upon and across a tract or parcel of land
containing approximately 0..671 ac~e as more particularly described and illustrated in
Exhibit A attached hereto and m~de a part hereof by reference (the "Permanent
Easement" or "Permanent Easement Property"), being a dominant estate to construct,
reconstruct and perpetually maintain and operate one or more water pipelines and
appurtenances. The Owner's use of the Permanent Easement Property shall be
subordinate to the City's easement rights, and be limited to such uses that will not, in
the City's judgment, interfere with the City's easement rights. Such uses may not
include buildings or any permanent. structure. Such uses may include the growing of
crops, agricultural uses, landscaping, parking lots, irrigation, fire lanes, ingress/egress
access, and drainage or utility facilities crossing the Permanent Easement at not less
than a 45 degree or greater than a 90 degree angle. If such permitted facilities are
underground they shall be installed and maintained so as to keep a minimum
clearance of five feet from any existing or proposed water line. Prior to installation of
such permitted facilities the Own~r shall submit to the City complete construction
plans for such facilities, which must be approved by the City Engineer prior to
Exhibit 2
commencement of construction. Such approval will not be wrreasonably withheld.
Within 60 days after completion of the installation, Owner shall submit to the City
Engineer complete as-built construction plans~ Any installation of such facilities not
receiving prior approval as provided herein may be required to be adjusted or
relocated at the sole cost of the Owner.
b~ A temporary construction easement in, upon, and across a parcel or tract of land
containing approximately 0.674 acre as more particularly described and illustrated in
Exhibit A attached hereto and made a part hereof by reference (the "Temporary
Easement" or "Temporary Easement Property"), for temporary construction purposes
including access, staging, and placement of materials, equipment, and supplies in
conjunction with the use of the Permanent Easement.. The Temporary Easement shall
expire one year after the City takes .possession thereof.
The Permanent EasementIPermanent Easement Property and the Temporary
Easement/Temporary Easement Property are collectively referred to as the "Easements" or
"Easement Property". The City Council hereby finds that the Easements are being acquired for
valid municipal and public purposes to provid~ water utility service.
SECTION 3~ The City Council fmqs that $29,600~oo (the "Compensation") is just
compensation for the Easements including damages to the remainder, if any. The City Manager
or his designee is hereby authorized and directed to make an offer for the Easement to the Owner
in the amount of the Compensation.
~
SECTION 4.. In the event the offer a~ described in Section 2 is refused or not accepted
by the Owner, the City Attorney, or his designee is hereby authorized and directed to file the
necessary condemnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties havi~g an interest in the Easement Property to acquire
the Easements in the name of the City ofDenton~
SECTION 5.. If it should be subsequently determined that additional parties other than
those named herein have an interest in the Easement Property, then in that event, the City
Attorney or his designee is authorized and directed to join said parties as defendants in said
condemnation~
SECTION 6~ This ordinance shall bepome effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R~ McNEILL, MAYOR
P;age 2
S:\Our Documents\Ordinances\06\R.obson35 West Condemnatioo Ordinance.DOC
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ SNYDER, CITY A TORNEY
BY:
S;\Ou.r Documents\Orrlinances\06\Ro bson35 West Condemnation Ordinance..DOC
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1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 July 10, 2006
4
5
6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
7 present, the Vice-Chair of the Public Utilities Board convened a Closed Meeting on Monday,
8 July 10, 2006 at 9:03a.m. in the Service Center Training Room, City of Denton Service Center,
9 901-A Texas Street, Denton.
10
11 Present: Vice Chair Dick Smith, George Hopkins, Bill Cheek, John Baines (arrived at 9:13
12 a.m.), Phil Gallivan and Bob Bland
13
14 Absent: Chair Charldean Newell (excused)
15
16 Ex Officio Member:
1 7 Present: Howard Martin, Interim City Manager
18
19 CONSENT AGENDA:
20 The Public Utilities Board has received background information, staff's recommendations, and
21 has had an opportunity to raise questions regarding these items prior to consideration.
22
23 1) Consider recommending approval of the proposal from Andritz-Ruthner, Inc., for
24 refurbishment of the belt presses at the Pecan Creek Water Reclamation Plant in an amount
25 not to exceed $160,000.
26
27 2) Consider recommending approval of Bid No. 3488 for construction of sanitary sewer
28 manholes by the low bidder Lone Star Manhole & Structures, LLC, in an amount not to
29 exceed $60,000.
30
31 3) Consider recommending approval of a proposed Agreement by and between the city and
32 Robson Denton Development, L.P. regarding the city's acquisition by purchase or
33 condemnation of approximately 5.16 acres of land, situated in the E. Pizano Survey, Abstract
34 No. 994 and the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton
35 County, Texas; by and between the city and Robson Denton Development, L. P.; for
36 purposes of acquiring said real property for a public water line, water facilities and related
37 appurtenances.
38
39 4) Consider recommending approval of the city's acquisition by purchase or condemnation of
40 approximately 5.089 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and the
41 B.B.B. & C. RR. Survey, Abstract No. 158, City of Denton, Denton County, Texas; believed
42 to be owned by Petrus Investments, L.P.; for purposes of acquiring said real property for a
43 public water line, water facilities and related appurtenances.
44
45 5) Consider recommending approval of the city's acquisition by purchase or condemnation of
46 approximately 0.0671 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and
47 the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton County, Texas;
48 believed to be owned by Robson/35 West Investors, L.P.; for purposes of acquiring said real
49 property for a public water line, water facilities and related appurtenances.
50
51 Board Member Phil Gallivan moved to approve Items 1 through 5 with a second from
52 Board Member George Hopkins. The motion was approved by a vote of 6-0.
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
CM:
Utilities
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Consider approval of an ordinance declaring a public necessity exists and finding that public
welfare and convenience requires the taking and acquiring of three permanent water line
easements and three temporary construction easements located in the E. Pizano Survey, Abstract
Number 994, and the B.B.B. & C.R.R. Co. Survey, Abstract Number 158, Denton County Texas
and Being Within A Parcel Of Land Conveyed To Petrus Investments, L.P., By Deed Recorded
In Volume 4246, Page 574 Of The Deed Records Of Denton County, Texas; authorizing the City
Manager or his designee to make an offer to purchase the easements and if such offer is not
accepted, authorizing the City Attorney, or his designee, to institute the necessary proceedings in
condemnation in order to acquire the easements. The Public Utilities Board recommends
approval (6-0).
BACKGROUND
The proposed and future build out of the Robson Ranch development is conditioned upon the
City requirement that Robson provide an offsite water line to provide connectivity from the
southwest pump station that is currently under construction to the Robson Ranch development.
The developer has been interacting with Petrus Investments, L.P.; in pursuit of acquiring the
necessary easements to build the southwest pump station waterline. Their negotiations with
Petrus Investments, L.P. have been unsuccessful to date, and the developer has requested that the
City initiate condemnation proceedings to acquire the necessary easement tracts. Staff
recommends approval of the Ordinance.
OPTIONS
1. Approve the Ordinance.
2. Do not approve Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
PUB Approval July 10, 2006
FISCAL INFORMATION
All costs associated with these acquisitions will be paid for by the Developer, Robson Denton
Development, L.P.
EXHIBITS
1. Location Map
2. Ordinance
3. Minutes
R~eS~e?tfuIIY~S~~~itted'
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Jim Coulter, Director
Water/Wastewater Utilities
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Exhibit 1
ORDINANCE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELF ARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF THREE PERMANENT WATER LINE EASEMENTS AND THREE TEMPORARY
CONSTRUCTION EASEMENTS LOCATED IN THE E. PIZANO SURVEY, ABSTRACT
NUMBER 994, AND THE B.B.B. & C. R.R. CO. SURVEY, ABSTRACT NUMBER 158,
DENTON COUNTY TEXAS AND BEING WITHIN A PARCEL OF LAND CONVEYED TO
PETRUS INVESTMENTS, LP, BY DEED RECORDED IN VOLUME 4246, PAGE 574 OF
THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS
AND IF SUCH OFFER IS NOT ACCEPTED, AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE EASEMENTS; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, it is hereby determined that a public necessity exists and the public welfare
and convenience hereby require the acquisition of permanent easements and temporary
construction easements as described herein; an.d
WHEREAS, the hereinafter described easements are believed to be within property
owned by Petrus Investments, LP, ("Owner"); ~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. Public necessity exists and public welfare and convenience require the
acquisition of the following described easements:
a. Three permanent water line easements in, under, upon and across three tracts or
parcels of land containing approxit;nately 3.004, 0.790, and 1.300 acres respectively,
as more particularly described and illustrated in Exhibit A attached hereto and made a
part hereof by reference (the "P~ermanent Easements" or "Permanent Easement
Property"), being a dominant estate to construct, reconstruct and perpetually maintain
and operate one or more water pipelines and appurtenances. The Owner's use of the
Permanent Easement Property shall be subordinate to the City's easement rights, and
be limited to such uses that will not, in the City's judgment, interfere with the City's
easement rights.. Such uses may not include buildings or any permanent structure.
Such uses may include the growing of crops, agricultural uses, landscaping, parking
lots, irrigation, fire lanes, ingress/egress access, and drainage or utility facilities
crossing the Permanent Easements at not less than a 45 degree or greater than a 90
degree angle. If such permitted facilities are underground they shall be installed and
maintained so as to keep a minimum clearance of five feet from any existing or
proposed water line. Prior to installation of such permitted facilities the Owner shall
Exhibit 2
submit to the City complete construction plans for such facilities, which must be
approved by the City Engineer prior to commencement of construction~ Such
approval will not be unreasonably..withheld. Within 60 days after completion of the
installation, Owner shall submit to the City Engineer complete as-built construction
plans.. Any installation of such facilities not receiving prior approval as provided
herein may be required to be adjusted or relocated at the sole cost of the Owner~
b.. Three temporary construction easements in, upon, and across three parcels or tracts of
land containing approximately 3.000, O~789, and 1.300 acres respectively, as more
particularly described and illustrated in Exhibit A attached hereto and made a part
hereof by reference (the "Temporary Easements" or "Temporary Easement
Property"), for temporary constrUction purposes including access, staging, and
placement of materials, equipment, and supplies in conjunction with the use of the
Permanent Easements. The Temporary Easements shall expire one year after the City
takes possession thereof.
The Permanent Eas em ent s/P erm an ent . Easement Property and the Temporary
Easements/Temporary Easement Property ar~ collectively referred to as the "Easements" or
"Easement Property". The City Council hereby fmds that the Easements are being acquired for
valid municipal and public purposes to provid~ water utility service.
SECTION 3. The City Council finds that $225,OOO~oo (the "Compensation'') is just
compensation for the Easements including damages to the remainder, if any.. The City Manager
or his designee is hereby authorized and directed to make an offer for the Easement to the Owner
in the amount of the Compensation.
SECTION 4~ In the event the offer as described in Section 2 is refused or not accepted
by the Owner, the City Attorney, or his designee is hereby authorized and directed to file the
necessary condemnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties having an interest in the Easement Property to acquire
the Easements in the name of the City of Denton.
SECTION 5~ If it should be subsequently determined that additional parties other than
those named herein have an interest in the ,Easement Property, then in that event, the City
Attorney or his designee is authorized and directed to join said parties as defendants in said
condemnation.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval..
PASSED AND APPROVED this the
day of
, 2006..
PERRY R. McNEILL, MAYOR
Page 2
S:\Our Docnments'Drdinances\06\Petms Tract Cond.enm.aion Ordioa.nce..OOC
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY A TT
BY:
Page 3
S :\Our Dooum.ents\Ordinances\06\Petms Tract Condemn.alion Ordinance.DOC
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1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 July 10, 2006
4
5
6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
7 present, the Vice-Chair of the Public Utilities Board convened a Closed Meeting on Monday,
8 July 10, 2006 at 9:03a.m. in the Service Center Training Room, City of Denton Service Center,
9 901-A Texas Street, Denton.
10
11 Present: Vice Chair Dick Smith, George Hopkins, Bill Cheek, John Baines (arrived at 9:13
12 a.m.), Phil Gallivan and Bob Bland
13
14 Absent: Chair Charldean Newell (excused)
15
16 Ex Officio Member:
1 7 Present: Howard Martin, Interim City Manager
18
19 CONSENT AGENDA:
20 The Public Utilities Board has received background information, staff's recommendations, and
21 has had an opportunity to raise questions regarding these items prior to consideration.
22
23 1) Consider recommending approval of the proposal from Andritz-Ruthner, Inc., for
24 refurbishment of the belt presses at the Pecan Creek Water Reclamation Plant in an amount
25 not to exceed $160,000.
26
27 2) Consider recommending approval of Bid No. 3488 for construction of sanitary sewer
28 manholes by the low bidder Lone Star Manhole & Structures, LLC, in an amount not to
29 exceed $60,000.
30
31 3) Consider recommending approval of a proposed Agreement by and between the city and
32 Robson Denton Development, L.P. regarding the city's acquisition by purchase or
33 condemnation of approximately 5.16 acres of land, situated in the E. Pizano Survey, Abstract
34 No. 994 and the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton
35 County, Texas; by and between the city and Robson Denton Development, L. P.; for
36 purposes of acquiring said real property for a public water line, water facilities and related
37 appurtenances.
38
39 4) Consider recommending approval of the city's acquisition by purchase or condemnation of
40 approximately 5.089 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and the
41 B.B.B. & C. RR. Survey, Abstract No. 158, City of Denton, Denton County, Texas; believed
42 to be owned by Petrus Investments, L.P.; for purposes of acquiring said real property for a
43 public water line, water facilities and related appurtenances.
44
45 5) Consider recommending approval of the city's acquisition by purchase or condemnation of
46 approximately 0.0671 acres of land, situated in the E. Pizano Survey, Abstract No. 994 and
47 the B.B.B. & C. RR. Co. Survey, Abstract No. 158, City of Denton, Denton County, Texas;
48 believed to be owned by Robson/35 West Investors, L.P.; for purposes of acquiring said real
49 property for a public water line, water facilities and related appurtenances.
50
51 Board Member Phil Gallivan moved to approve Items 1 through 5 with a second from
52 Board Member George Hopkins. The motion was approved by a vote of 6-0.
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE: July 18,2006
DEPARTMENT: Utilities Administration
CM:
Howard Martin, 349-8232
..
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to execute a Professional Services Agreement with the firm of Freese and
Nichols, Inc. to provide engineering services associated with the design of the Shady Oaks Drive
Extension and Brinker Road Extension Projects in an amount not to exceed $381,583;
authorizing the expenditure of funds therefor; and providing an effective date.
BACKGROUND
The Shady Oaks Drive and Brinker Road projects were approved as part of the 2005 Blue
Ribbon Bond election package. The Shady Oaks Drive project is intended to provide access
between existing Shady Oaks Drive extending east from Woodrow Lane to Loop 288 at Morse
Street. The Brinker Road project is intended to extend existing Brinker Road north from its
intersection with Spencer Road to tie-in with the new section of Shady Oaks Drive. Although
these two roadways were approved as separate projects in the bond election, for the purposes of
design and bidding they will be treated as a single job. Refer to Exhibit 1 for project location.
The PSA associated with this ordinance (refer to Exhibit 2) is intended to ultimately result at a
minimum in the construction of the two most northerly lanes of Shady Oaks Drive and the two
most easterly lanes of Brinker Road. Both roadways will eventually be four lane divided
sections or secondary arterials. The consultant will design both roads in their entirety (full four
lanes); however, in order to ensure project viability and affordability, bids will be structured with
two lanes on each road as the base bid with additive alternates for construction of the remaining
lanes. It is deemed necessary to design the full sections of the roadways up front to ensure that
grades work properly, to make sure that all necessary right-of-ways (ROW) and easements are
identified and acquired, and to ensure that the ultimate drainage system is designed properly to
avoid construction of two separate systems (one now and an independent system in the future).
Although it is desired to build the complete roadway in each case, the bidding climate over the
past year has been difficult to track, and it is not known if the established budgets will be
sufficient to cover the full construction cost of both roads when the job bids next year.
The proposed engineering fee of $381,583.00 includes $245,280.00 of Basic Services,
$132,803.00 of Special Services and $3,500.00 of Reimbursable Expenses. Freese and Nichols'
preliminary opinion of probable construction cost for the four-lane section of Shady Oaks Drive
is approximately $3,260,000.00, and the preliminary opinion of probable construction cost of the
four-lane section of Brinker Road is approximately $1,340,000.00. Total construction cost of
both jobs is projected at approximately $4,600,000.00. For a project of this size, the Consulting
Engineering Council of Texas (CEC-T) 1982 Median Curves of Compensation list 6.4% of
construction as the average fee level for basic services. The American Society of Civil
Engineers (ASCE) Manual of Practice No. 45 includes a graph which projects the design fee at
approximately 7% of construction based on a survey conducted in 2000. Basic Services for this
PSA represent approximately 5.33% of the projected construction costs, and the total contract
amount including all services represents approximately 8.30% of the projected construction
costs. The fees included in the attached PSA are considered to be reasonable and within
acceptable ranges for this type of construction.
Special services that are listed in the PSA include:
1. Hydraulic Analysis ($23,100.00).
2. Environmental Permitting Assistance ($33,500.00).
3. Topographic Surveying Services ($35,200.00).
4. ROWand Easement Documents ($13,283.00).
5. Geotechnical Engineering ($11,220.00).
6. Archeological Survey ($16,500.00).
In the event that it becomes necessary or desirable to split the project into two phases (Shady
Oaks Drive bid separately from Brinker Road), an additional service item for the preparation and
bidding of two separate sets of documents will have to be negotiated.
RECOMMENDATION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and Freese and Nichols, Inc. in the amount of $381,583.00 for Engineering Services associated
with the Shady Oaks Drive and Brinker Road projects. It is understood that Special Services
items will only be executed if authorized in advance by the City of Denton and will only be paid
for if actually performed.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
F ort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
It is anticipated that the entire project will be ready for bidding approximately one year after
Notice to Proceed is issued to the consultant (mid 2007), which should allow construction to be
completed in mid 2008. The project schedule may have to be adjusted in the event of unforeseen
permitting problems or archeological issues.
FISCAL INFORMATION
A total of $350,000.00 was included in FY2004-FY2005 of the General Government Five- Year
Capital Improvement Program for engineering and ROW acquisition for Shady Oaks Drive, and
a total of $2,200,000.00 was included in FY2005-FY2006 for construction of this project (bond
sales have actually been postponed until 2006 for Shady Oaks Drive in light of the construction
timeframe as previously presented to the Mobility Committee and CIP Oversight Committee). A
total of $200,000.00 for engineering and ROW acquisition and $710,000.00 for construction
were included in FY2004-FY2005 of the General Government Five- Year Capital Improvement
Program for Brinker Road. An additional $800,000.00 in funding for Brinker Road will become
available upon execution of an ICA with Denton County (funding already approved by the
County with the ICA currently under review). The total available budget for these two projects
is $4,260,000.00. The $381,583.00 fee for these two projects represents approximately 9.0% of
the total available budget.
EXHIBITS
1. Map
2. Ordinance
3. Agreement
R~es~e~tfullY~S~~~itted'
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Jim Coulter, Director
Water/Wastewater Utilities
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Frank G. Payne, P.E.
City Engineer
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Shady Oaks Drive and Brinker Road
Exhibit 1
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Location Map
Scale: 1 "=2000'
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE FIRM OF FREESE AND NICHOLS, INC. TO PROVIDE
ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN OF THE SHADY OAKS
DRIVE EXTENSION AND BRINKER ROAD EXTENSION PROJECTS IN AN AMOUNT
NOT TO EXCEED $381,583; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Freese and Nichols, Inc., a professional engineering firm (the "Provider") is
being selected as the most highly qualified entity on the basis of its demonstrated competence
and qualifications to perform the proposed professional services for the city; and
WHEREAS, attached hereto and made a part hereof by reference is a proposed
professional services agreement (the "Contract") by and between the City and the Provider to
perform engineering services associated with the design of the Shady Oaks Drive and Brinker
Road extension projects; and
WHEREAS, the fees under the 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 CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Council hereby approves the Contract. The City Manager, or his
designee is hereby authorized execute the Contract on behalf of the City and to carry out the
rights and duties of the City under the Contract, and is authorized to expend funds as required by
the Contract. A true and correct copy of said Contract is attached hereto as Exhibit "A."
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
Exhibit 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\06\Freese & Nichols-PSA-Shady Oaks and Brinker Projects-2006.doc
Page 2
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "Owner" and Freese and Nichols, Inc., with its corporate office
at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 hereinafter called "Design
Professional," acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained. the parties hereto do
mutually agree as follows:
SECTION 1
EIVIPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the
services as described herein and in the Proposal, the General Conditions, and other attachments
to this Agreement that are referenced in Section 3, in connection with the Project The Project
shall include, without limitation;
The City of Denton Shady Oaks Drive extension and Brinker Road extension (the
Project) will include preparing plans and specifications for the following facilities:
· Shady Oaks Drive Extension - Approximately 4,200 linear feet (LF) of a 4-Lane
Divided Secondary Arterial from the existing dead end of Shady Oaks Drive to Loop
288 including sidewalks on both sides of the roadway, underground drainage
improvements, and a Pecan Creek Tributary crossing structure.
· Brinker Road Extension - Approximately 2,450 linear feet (LF) of a 4-Lane Divided
Secondary Arterial from Spencer Road to the proposed Shady Oaks Drive including
sidewalks on both sides of the roadway and underground drainage improvements.
Page 1
Desi gn Professj anal Agreement
Revi sed 5-]0-02
Exhibit 3
SEcrION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2ilt.1 For Basic Senrices the total compensation shall be $ 245t280.
Progress payments for Basic Services shall be paid monthly on a percentage basis for total
compensation for the Basic Services satisfactorily completed at the end of the design and bid
phases of the Projectt
2~2 SPECIAL SERVICES
2.2.1 For the Lump Sum Special Services the total compensation shall be as follows
Hydraulic Analysis
Environmental Permitting- Assistance
Special Services Subtotal (Lump Sum):
$23,100
$33,500
$56,600
Progress payments for Lump Sum Special Services shall be paid monthly on a percentage
basis for total compensation for the Special Services satisfactorily completed at the end of the
design and bid phases of the Project.
2.2.2 For the Cost Plus Max Special Services the total compensation shall be as follows
Topographic Field Survey
R.O.W. and Easement Documents
Geotechnical Engineering
Archeological Survey
Special Services Subtotal (Cost Plus Max):
$35,200
$13~283
$11;220
$16.500
$76,203
Progress payments for Cost Plus Max Special Services shall be paid monthly on a time and
materials basis not to exceed total compensation for the Special Services satisfactorily
completed at the end of the design and bid phases of the Project.
Page 2
Design Profe5si ona] Agreement
Revised 5 - 30-02
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services is as follows:
Will be based on the attached schedule of charges.
2.3.2 Compensation for Additional Services of the consultant (FNI), including additional
structural, mechanical and electrical engineering services shall be based on a multiple of 2.08 times
the amounts billed to the Design Professional for such additional services.
2.4 REIMBURSABLE EXPENSES
Reimbursable Expenses shall be a multiple of 1.10 times the expenses incurred by the Design
Professional, the Design Professional's employees and consultants in the interest of the Project as
defmed in the General Conditions but not to exceed a total of $3,500 without the prior written
approval of the Owner.
Page 3
Design Profussi onal Agreemen r
Revised 5-30-02
SECTION 3
ENTIRE AGREEI\fENT
This Agreement includes this executed agreement and the following documents all of which are
attached hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering
Services.
2. The Design Professional t s Proposal
3t Attachments SC-l through CO-I.
This Agreement is signed by the parties hereto effective as of the date fIrSt above written.
CITY OF DENTON
BY;
HOWARD MARTIN
INTERIM CITY MANAGER
A lTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ED SNYDER, CITY ATTORNEY
BY:
BY; D
OBERT F. PENCE, PtE~ BCEE
President and CEO
WITNESS:
BY: 4/q~
Page 4
Design Professional Agreement
Revised 5 - 30-02
(
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CIlY 0' DENTON
GENERAL CONDmONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGlNEERIN'G SERVICES
ARTICLE 1. AReB:rIEcT OR ENGINEEaIS RESPoNSlBlLlT.IEs
U The Atcllitect Or~, -W\Iicet oonsIst of lbllSCI ~ furthe Project (as ddioed in 1bc ~ (tbo .. ~ IIIId proposal (tic '"Propotllij to whicl11hesc
GcnmU Conditions IUe 8tI:oobed) pedOrmed by the Arohirect or Engineer (be:reinaJk:r caIIed lie '"Design Pro:llaionaI") or Desi8J1 Plofi:ssilma1's employee:s .-wi COlISll%taoIllIlS
enumerated in ArtIcles 2 and 3 of these General Conditiam ti modified by the Agrecmem and Proposal (the It'Servicesj..
1.1 The Design ProfrssionaI-wiU perfam IIll Services is an independoot ~ to 1k pmvlliliog profesllinDaJ.llfllDdmdt consisltDtwith 1he kml of an IIIld skill ordiDarily
~ by Il:lllmben of the $BlUO prohion cwrently practlcing ill lhe ~ locality UDder simIlar CODditiolls. im:IudfDg JaSODabJe. in1ilnned judpmols ud pwmpt timely
actions (the "Degreo of Care").. The Se:tvices s:hIIlI be ped'ozmed as expedidousIy at Is ~ wilh tbo lJegml of On D-.y fur tIIo onlllrly propa ottbo Project.
Upon ~ of the Owoer, the Design Pro:bionaJ: shall submit fur the Owne(a appnmI a ~ll :fOr 1m prilnmm.co of tho Serricas which may ~ lIlfiued as !be Projcet
~ and shall iIlcIude aliowmK::es fur periods of time ~ for the Owner'. ~ IIIId filr approval ofsublnfssfmlS by authorities luwingjurllldictkm 09Ill' 1bc Proja:r.
Til:nt IinWs _hli."", by If1if ICbeduIct IWd IpJH'OVtd by the 0Y.ner sha1l not. It'Cl:ept 1br ttIISOWlbIo ClIllSlI. be ~ by 1I1e Deaign PJobioul (a" Owner, IIIld IIIl}'
adjtl8trnen131O this schedule 8haII be mutuaUy acceptable to boD1 parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED Tha Dctign Profi:ssiolllll's Basic Sem:es ocm.sisl ol1lw:1e dm;:ribed ill &cliona: 12l1uough 2.6 ofthc:.sc= Oeumd Cowlitioos md Im:huIIl
withcut limltation I10mlIll stnIctwaI. clviI. -.:hanical1lDd c1ectrica1 enginee:ring servicot .00 8lIy oftlerCllgineerlng ~ IWlaIII8Jy 10 pmduaIacompld\l ,qnd llOCIllllle lICt of
Construction~ u desaibed. by and ~h-od in Section 24~ The BasJc Services may be modified by the Agresn~
:u SCIlEMAnc DESIGN PHASE
2.2.1 The Design PtofessimaI, in NDtvIl ~ with -the Owncr~ sbafl develop a wrlttea program .fur tho Project to ISOCIrtain Ovmetl D=ds and 10 establish the
requiremmts tbr the Project
1.1.1 'Ib Design Professional sball provide l prcliminary evaIlI4tioD. of the Owud, program" COlImIclioD lIIDduIc 8Dd OOdrw:don budget ~~ cadi in
tcnm of tho othcrll subject to thc.1inUtatioos set fonh in Suhiection S 2..1.,
1.2.J The Design Professioaal &ball rmew with 1he 0WMr alternative approacla. to design and COOstIuction ofthc Project
ll4 Bucd on the Jl\I.lIwdIy aped..upon JW8TJIIl, sobeduIe and ClWttuetiou. budget RQUfnmcoflJ, the Dcslgq Proft:ssioxW shall pl'qIlIl'e,. fur approwl. by the 0wIIt:;
.g,.j,....,~tic Design Docummts ~ of dmwingt and ok docmne.o.t9 il!ostrIlmg tho scale aDd mhdiollllhip of Project COIIIpOIlelllS. no Schrultic Dc:9ip. sball
conemplate compIiauoc with all applicab~ la~ stutua. ~ codes and rq:uJat[oDH.
2..2.5 The Design Professional shall submit 10 tho Owner a preliminmy detailed estimate of Constructi:m Cost based OD. euntJ1t are&:. volLUl1e or other unit COS'lJ and
which incIicates the COO[ of e8eh ClItegwy of work iIJvolved ill 00IIft1uctiDg tIla Pmject IIId e&IIIbIishes IIIl e1aPfCd ~ liIcIor k the period or time fiom the .
oommcnccmcm: to tbe completio.a Qf ccDS1:rtIction.
2.3 DESIGN DEVl:LoPMENr PRASE
2.3.1 BlI9Cld Ol1lhe approved SchematIc Design I>octnnema and aqy ld)ustmcn1s lIlIl110rimd by die Owna: in !he JlIll8l1IDl.lclJcduIo Ofeoos!nlclion budgd;, the Design
Professional sball prepam for Ippl'OVal by the Own.er~ Design Deve1opmcot Docunxmtg consisting of drawings IDd otheF documems to fix and descrlbo the size II1d
cha:mctc:r of the Project as to uchilectulBl, fIbu::IuraI. mcchanica1l1lld electrical syslcnls. DIllTllrlaIs IlDd audJ ollillrcleolllnl8 lIS may be IIPpropria!e, which sIIlIII comply
with aIllpplicahle aWl!, ~ ~ llCldIIl and lCguIations. Notw:i~ Owua(s approYlII of IIIc docwnc:nts, Dc.sigla Pm:bsioDaI DlplCSCIItoJ 1hat the
Documents and specfficatjons will be sufficie.nt and adequaie to fulfill the pulpOSe! of the Project.
13.2 The Design Protessblal shaD ad\rise: file Owner of my adjustmems to the pcliminary estimate ofConstrootion Cost m . fut1hcr Detai[cd Stztcmeut as dcsC71Ded
in sectioa 2.2.5,.
2.4 CONSTRUCTION DOCUMENTSPIIASE
2.4.l Bated on the lIppll)vcd.Design Development Document9 and IJl)" fbrtbcr adjustmcDls in Ihe BCOpO or quali1,y orthc Pmj=: or in the constmctb budguc
1lllIho/'ttQd by Ihc Owner, the Design Professional shall prtperc.1Dr approval by ffJ. Ownr.:r, Coustrudioa Docwu:olll COllSisting ofDrawinp and Spa:i&atioDll sc:tIiDg
1brth in dctaiI requiremems fOr lhc oollStructioo of lbe Projoc:t, which shall OOIllpIy wilh IIIlllpplicabIc !aws. slBb11llI, orcIioances, coder aIld n:guIadoas
2.4.2 .The DesIgn Pmfi:ssKmal sball assist 1bc 0wDeI' io Ihc ~ of 1bo llCCCl1SllIy brdding or ~1:lDIt infbtmalion. b.idding or proctuaDClIt 1ilrIN. the
Conditions of tho COIltract.IDd the fotm of Agrc:cnatt between the 0wtHr and contmcb)r
2.4.3 The Design I'rofessiouaI shalI advise 1be ~ of any adjustttl:nts 10 previous prWmiDaIy Clllilnaks ofCorudroction Cost Indic&1M by dJogell in fllqlIiremcuIll
or pcnl mubt conditioos.
2.4.4 The Design Profi:ssiOll8lIlball assist the Owner in connection wIth the Owner's l'CSpODIiblity fur liIlDg doc:umerds IllCjlIhd fur lie IIpplVWl of suvcmrocnraJ
authorities havingjurisdktioa <nu the Project.
2S CONSnrcnON CO~"TRACT PROCUREMENT
2.5.1 The Dcrign l'roihssiolllll, fDUowing tho Owncr'! approval of filII Comtructioa Doeumems and of tile Ialtst prelimirnuy delailllll eslimakl of CoosInu:tion ~
shall ass~ lhc Owna in procuring a conslfUctiOOllOlltr:!ct b tbe Project tlntJugb.lID)' PIOallCUllllll: mr;dwd lbat is IcgalJy applicMIc 10 !be Project iDcIudfug witbout
Page lof8
Rt'M'iso\Blank Ponm\GENERAL CONDITIONS-AR.CHrIJ3Cr..EN'GlNBER-doo
Revised 5-30-02
linlibtCion, ~ competitive scaled bidding J. .A. Althougb.1he OWner wiD consider hi advice of the nes{ .>i:ssiollaI.1!uI award oftlte COnstnlclfOll colllract is- in
tho sole discretion of the Owner.
1.5.1 If t!uI constm<:tian amtract amouut fur the Project =:eeds the IolaI collSlruooon cost oldie Project lIS Sl:t furth in the approwd Dc:miled Stamunmt ofProbat1le
CoIlslruction Cost! of !he Prqject whmitted by the Dc&gn PmfessionaI, tba:t fie Desillll f'1obiorW, at Is 11010 ClJst..w. IIXpeu8ll. will n:ville 1110 OIns1m:tion
D:x::ummts as IIIlIy be ~ by the Owner to reduce or JIDdif)o the quautiIy or quality oft!lc waJt so fnlI: tho Io1al constnx:tion cost ofk Proja:t will DOt axa=l
the 10tal ccmtruction cost set fbrth in 1hc epproved Detallai Statement of Probable Com:truction Costs..
1.6 CONSTRUcrIONPIlASE- ADMINmrRAnoN OF'IHE CONSTRUCTION CONTRACf
1.6.t Th<I Design Professional's lCSpOnsibility to provide BIlSic Services for 1hc Conslruction PbllSC uadcr'fbis ~amID!l:Ill:eS wilIt tbc awanf of the Conlract
fur Constnxrtion and ttrm.imtt:s at the issuanoe to the Owner of the .final Certificate fur Payment,. unless ~ undet the tmns of Subsection 8..3.2.
Ui.1 ne IltW&n Prohsicnal shaD. provide &l!n.cd ~ of the CmlInu:I: filr Coll'llntclion lIS set fut1h lldriw. FOI" design pro:&:ai)D8lss tho sdministndion
shall aIso be ill lIllOOrdanoc wflh AlA doc:ument A201, General Ccttditiom ot1bc Contnu:t fur CcllBlIuctioo" CID1el:lt as ofthll dale of1he Agn:.emeot 88 may be
amended by the City ofDcnton spcc.!aI conditioDsa tmleS9 oth~ provided in the Agrecmem. For engiDeers fhc adminisrmtion shall also be in IocmIancc wil:b the
S1:Inlbrd Spr:dficatioos for Public W0Ik8 Construction by the Nollh Cem.t!lJ Tezas Council oroo~ cumm.t as oltha date olthe ~ llIlIesr Olhelwiso
provided in the Agremnmt.
2.6.3 ConstnlcIion I'be.se duties, RSpOnsibilities snd Iimitatfons of suthority oflhe D\'Isign. Probiooal aU not be rea1rl~ IIllIdified or extended witlJout wrillIIo
agTCement oflhe Owner aDd Desiga. Professional
2.6.4 The Desigo.J>robionaI shaIl be a ~ of and shall advise and eonsult with tbc Owntt (I) duriIlg l:OlISIruction, lIIId (l) 1It1be Own<<'a dinction :limn
time to tml during 1bc co=tion, or warranty period ckscribed in 1b!: Contmt filrComtmdion. The Dc:aign. ProfCllllbud slIaII !lave authority 10 Bet Oil behalfofthe
Owner 0D!y 10: the cxte.nt provided in the Agreemmt and 1hese Oenend Cond~ UDIesa otbcrwmo modified by written icstrunleat
2.6.5 Tho Derip ProIt8rionIll sbI!ll observe the cOnstruction rite at Ieest me tinJD. ~ wbile OOlIlIIntclian is in pmpss.llIId 19 re.asOnably neoes9aty while
~ is DOt in pmgress~ to becoIM fiuniliar lVith the progress and quality of the work complettd and 10 dde:tmine it thO work is being pmfbrmed in I. rwmner
mdicating lhat dill wolt wheu completed will be in. aooordance wilb. the Colllnet Documeallr.. Delrign l'mblsional sbaIl provide Owua: a ~ IepOrt subsequent to
each ~ visit. On tho basi!r of on. obieMtioIl!j the Deslgn ProffMklllalllllalI keep tbe Ownel: iofurmed of lhe pmgrelIS .IlId quality of the -rk. 8Dd ldJall
e.=clso tho ~ of Calc and diIigcnoe fq discovering 8IJd promptly trlpOrting to iIle Owner my oilGetvable deftd9 or defit.:bcb fa tIH: WOIk of Conlnlclor or lII\V
~ The DllsignProfessionaI~ClIts that ho will ibnow Degree ofCarc in pafunning all Seniccs UDder die Agrtem=t, The Design PmfilssilmaI sIJa.Il
promptly correct any defective designs or ~ furnished by dill Design Pro&ssional at Ill:! cost to !be Owner. The 0wua'1I appIOYUl" aeceplanco, WlO ol or
pIIymeut fur all or any part of the ~ Professional's Services hmunder or oftbe Pmjecl: ibelf sbd in DO 'WlI}' alfl:t the Desigo. Pmfl:asional's obliptioos or the
Owoea's riglm. hemmder~
1.6.6 Tho Desfgu ProtmionaJ 8halI DOt have oontro1 over or ~ of lllld IlJaIIlIOt Ilc m;pansible Ilr l:4lIS!nlcIillD IlleIIIlI, JlIClthoda, tcc:hniqueI, ~aK:eI 0("
~ or :fir safely preamtions and programJ .in coDDection with the worlc.. ThA Design ProffMional shall not be re5pOnS1blc :fur 1n0: Contra.ctots JIcl1edu1es or
~ 10 emy 1M the work in aocordanc& wilb. the Contract Documents ~ fnso1lIr as such fililutc may msuIt fion1 Design Proi:saiomlll negtigmt Ill:lS or ond&-
sioaa. Tho Design Proessional shall oot have eontrol over or charge -of acts or ~ of the Om1rador. Subco!ltml:lors, or 1holr aplll or cmploJ=s, or of 8JlY
other petSODI pediJnuiug portions ofd1e 'WOrk..
2.6.7 The Des.ign Professioaal shalt at all. t:inm have acceu to the work: whereva it is in preparation or progress.
2.6.8 Except ItS may llIhenviso be provided in the Conlnlct Documents or when dinlc:t eol!DDllllial1ian have been spccidy 1IIIIhorimd, ~ OwnerIlDll ConImctnr
shaII oommu~ tbrnugb. lho DrsigD Professional. CoJilrntIO ications by and wilh Ibc Design ProfCsaiODlll's cOllstdlaD/s ,bllll be through tho Ilcl9ign Profil.omlmud.
1.6..9 Based 01l1lle Design Pm&ooional's observations at thc site of tho wotk 8DlIlMIluatiom oftbc Ca!ltmct0I'8 AppIlcatiOll8 JDr I'a.ymmf. 1he Design Profl:saioual
BhaII review lDd certifY ahc arootmts du= the Contractor.
:u.l0 Tho Design Proftaionars ec:rtification .fOr payment shall comtituta a rqm:scmation to th.a Ckvnl'J"~ based oa 1hc Design Professional 'J observations at the site IS
provided in Subsa:tion 2.6.5 and oa. the data. COIIIprUing the ContIBc;tcJA Application1br PaymQJ.t that the work: has pmgrwed to the point indicated and 1hat tho
qual it)' ofth.e WOlt is iD accordance with the Cotttmot Documents. The:fbregoiag ~tations are subject to mioor deviations fiom the Contcact DoeuI:Dems cor..
teCt8bIe prior fD ~retimt II1d to !pecifk: qoaIifications expressed by the Design Prokutonal The issmlnce of a. Certifkam fOr PKyment IhaII further mrtstittrte I-
IepfOSMtItian that the Comractor .is catided to ~ in the MlOUIIt c:ertifItd. Howeverl the imranec of a Ccrtifice.tc fer Payment shan not be a representation tbat
tho Design ProCessio!lalhss (I) miewlld OOIl!ltmction means. methodB. ~ ~ oc ~ or (2) ~ bowoc fbr'Wbat pmpose d10 Conlnlc1lJr
.has t1Sed money previously paid. on account cftbe Contmct Sum.
1-6J 1 The Design Pro1ilssiooal sban 1Ia~ the R8p0osibilfty and -aulhorlty to reject WDIk whicfa docs not CllDfimn to the Coatmcr: Documml9.. When_1he Dclllip
Professional eonsidm it n=sety or advisable fur Implementation of the iment ofthll ~ Docwnll!Illl. fIe Dmip Prof~oDlll wiIlllavll authority 10 RlqUitc
addilional inspedloo or lestilIg of tbe work ill II:COrdamco with the provisions of tho Cun1mct Dtlcumenl8,. wllcther or Ill)t fIlCh Wodl: ill Jilhricaltd. iIIstalllld or
completed. H<:rwe\Ia:, ~ this aulhoriIy of the Design ProtilSsional iIOI' a deci.<Jian made ill good :flIith eilhefto llXefCift Ilnrot cxacisc anch. lIUthority .ban givl:: riac
to a duty or mIpOIISl'bil:ity oftbe DesiglJ Pmfi:ssionalIO tho ConlrIlCtor, Suboontradors, IIBterilll rnd cqWpnlCIIllq1plir:a" their agcuts or cmplcyees or othtJr petSODS
perlbm1fng portiola at tho worlc.
1.6.12: The Design ProfussionIll !halI review lmd ~ or 1alce other lIppropriale lIdian upon Contntmor'a mbmitfa&- such as Shop Dlawinp. Pmduct Dala lIDd
Samples 1br 11m ptlJp090 of 0) d~ing COD:lpllllllCe with applicable IlIW9, sIalutes. OIdiluma:s m:i eodc:s; and (2) ddmlIiniIIg wbtJaler or not the ~ whC'.ll
completed" wW be in compliance willi the 1eq\Zlremenls ofllle ColItract DoaItnenlll. 1h Design PmfcaoliolllllllluilllllCtwith IUCb n:araoabIc pIOtnplmla 10 CllIISlI no
delay in tho ~ or in !be oonstruc:tioJ:I of tile Owner or of separate 0IlnfIaclm!, wbilo IIlIowilIg IlIIffilim time in 1he Design Profimilllllll's pro1e!lliOll8:l;judgment III
permit ~ review. ~ew of such mbmfttals is not conducted fur tho pmposo ufdmemJining the IIOl.lW1Iey and ~ ofotb<< dllla:lls sw:h R8 dlmmlsloDll
IIJId quantities or for lIIlbstalItiftting ilIsb:uctiollll' ftIr iDStaIJatjon or perfunnaneo of equlpmllDt or syrbmIs designed by tho Controotur, eU of which ICIIIlIin tho
responsibilily oflhe ~ to tho axtmlt required by the Contract Documents. The Design Pro1l:ssional's lCI'Iew slmll oot constitu1e approval of aa1l:ty precautiOllS
01", UlIlms o1hdwise specific:ally stal.l:d by tho Deiigq Professlonal, of oonstructi01l1llallS, methods,. lIlclmiqull!!, ~ or proo:dmes. The Design PmbsloaaI's
approval of a specific: item shall .not .indicate .approval of m assembty otwbich. ft1e Item is I component When pro.fessionaJ certification or ~nnanoo chamctt:ristics
Page 2 ofJ
R:\l-Aitc\Blank Ponns\G-ENERAL CONDmONS..ARCEITECT-EN'GmEEltdoc
Revised 5-30..02
of materiaIs."systems or equipmeet is ~ j the: Colltract Documents, the Dcsigq. ~ shall be ( .<<1.10 tdy upon such (Z(!ification to CSIIlblbh that tho
ma1erials,. systems or equipment will meet 1he perlbanance. criteria ~uired by 1he Contract ~ts.
2.6.13 The Design ProfussiooaJ. shall ~ Change 0Idctll1Wl Construclioa. CIuwgc Ditec!Iws. with supporting doClllllllllt8tio lIlId dldB if deemed Dl'.CeSSIlry by
the Design Professio.lUll U provided in Subsections 3, l.I and 333. fur the Owner's approvalllllll. ==mOD in lIlX:aTdaooe with tho CanlrlD:t Documetll3, !IUd lIII.y
lllIlhori2:e minor changes in tho won: not iwolving an aqj\1$llne;Dt in the ColIIrllct Sum or lID axkllsion oldie Colltnlcl Time whkb IIO DOt iD~ wilh the lnll:nt
of the Cmdnct Docutctm.1B..
2.5.14 On behalf of thc: Owner, lhc Design Professional .shall condm:t ~ 10 delanuioo thll d81ts of SubslantiaI Completion lUld, FiuaI ComplctUm. aud if
~ by 1ha Owner sha1I ~ Certibtes of Suh\1antiallUld Final c:onpdon. 'IbeDeiigu. Pd:ssiDnal will reoclvc and IOYiow 'Il'Iib gtIIIIlIIltl.u and reIala1
doemncnlll ~ by '/he Ccsmact:lbr C:oustructiOD III be IS5ellilled by tho CoDtnK:1or and 8haII issue a tiDal ~ fur Payment upon CCIIllpliam:c with 1he
re.qulremeua oftbe Ccmtract:Docnments.
2.6J.5 The Design Professional alIaD intetpIet BUd provide IeCOlWIJaJdatWllI oo.lIIIIltI:al wncemiq; pcdimmncc oftbo Owul:c lIlId CouIIador IlIIlWtbo RqIIiremmb
of 1m. Contnct Doc:un1eats WI wnUeu request of either the Owner or CoJltrador Tho Design Pmbional's 1'IlSpolIllII1o lIOl':h requcm shall be made wilh muonable
promptness and within 8DY tim.o IiInifs agreed apou.
1~6 ~M ml do::is.ioD! 0( the lkV.ga Professional shaD be c:onaistcm wUh dUl inIeDt of aDd reasonably infcntble from the Contract Dacumc.nt.l and sbaIl
be in Writing or iD.1hc ibrmof dnwiDgs. Wheu making such ~ lad mill] decisiom, ., DcsIgnPro1imioMl sbllll OIldeavorto 9ClCUrII mithful ~
by both 0M:w aDd Conlractor, 8I1d shall DOt be liable 1br 1'eSUIts or ~ or dClcisians 90 RIIdered fa good Ailh in IOCOIdmJce with l1li the proviaioDs otlbfs
.Agrecmem and .fa. tbs abseru:e ofnegIigeDce..
2.6J. 7 !'Ibe Design Professional sl1an render written deeisioua wifhin a reasonable time on all dairm, cfispute3 or other matt<<s in question between the Ownec and
Contractor relatinc to tho execution or progress of1he 'iYO!'i: .as provided in 1M Co~ Docmnents.
2.6J.8 The Design Pmfessiooal (1) sbalI render ~ IIUdc:r the Agr=ncm in accon!aucl with lbo DellfCC ofCarc; (2) will reimbwsc 1fle Owner tbr ell dama&es
calIIled by the defedivo designs the D5ign Pmbiona1 prepares; md (3) by lICknowlcdgiDg pllyDlllllt by the Owoorof IlDY files due:, sUII rot be JeI~ fiom lIIIJ
rigLts the Owner' may have 1lJ1der 1110 Agreemem or diminish any oflhc De&ign ProfesslODals obligations tbemmder.
2.6.11 Tho Design PrcW:ssiooal shall proviie the Owner with 1bur sets of rep'(Iduel"ble prin!s .oov.rwg all rJ;nificant cbqes to tbo Olosmwtloa I:locImlcDIs dmiDg
tM Com!mction Pbaso..
ARTICLE3 ADnIDONALSERVICES
3.1 GENERAL
3.L1 Tho sel'ViceS de9cnOed in this Artic1e 3 m DOt IIw.1uded ill Basic SeMces IIlIItslI so idtmffied in.1I!a Agreement or PmJlOSld. and (hey sba1I be paid Jbr by 1he
O\w.er as provided in tho Agreement, in additio.n 10 the COOIpelISation fur Buill Scmcc.. The Ilerrioes dcmcrihed IIWfcr Sections 3.2 and 3.4 shIIII 0Dly hi! provfdcd if
lIlIlborized or ~ in writing by the Owner. If serv:ioet dosa1bed \Illl:b CoIdiDgeot Additiao.III. ScnrkcI in :!ieclion33 IIl'II reqllln:d diu; 10 ~ be.,ood
the Design Professional's oontroJ, the Desisn ~ sha1IlWtiiy 1be Owm:r ill 'Wrilio8: 8lld shaD DOt 00IlllIICIIll0 8Udr. additiolUllllllrViocs DIltil it IllIlIIiws wriIttQ
lIpJll'OVlII from the Owner to proceed. If the 0IVlIer iDdicaies in writiog that all 01' part ofsuch CoPl!qmtAddilionalSezW.:eso ani DOt requimd. die Design PmJllssionaI
shall Uvo DO obligation fD prmridc those scnices. Owner will be rcsponsibIc 1ilr colllpalSllliJlg fill Deslgo. Prolilli9ioaaI filr Coutingllllt Additlomd SCIViceI onl,y if
they arc not mquimd duo to the ocgligeuoe or fJwJt cfDc8ign Profcssio.caL
U PROJEcr REPRESENTATION BEYOND BASIC SERVICE9
3.2.1 If IlIOlII IIlCllmSive tepmSOll1at/oa at the silo fban is described in SuOOectiaa 26.5 is uquin:d. the Deslp Professiooal siJaU provide ODe at _ Pmjclct
~ to BSs.ist iD canyiDg out such additional oo-aite respouswi1:iticL
3.12 Project ~~ shall be ~ employed and directed by tIw Design Profes.JionaI. and Ibc ~ Probsiona1 shall bo compeosatOO 1beretbr as
agmed by the Ovmer .m:i De8fga ProtCssionaL
J.3 roNTJNGENT ADnMONALSERVICES
1311 :Making matcrid mvisloD3 m Drawinga. Speciticatious or other doamJmfs whm such revisions are:
1. iDconsismut with approVIb or iDstruttions previously given by the Owal<<~ indudinu: rc=visioos made necessaty by adjustm:nts in the Owncr's
program. or Project budget;
2.. .n:quUed by tho enacttMnt orrcvision of ~ J&WS or mgu!ations mbscquem 10 the prepamtion ofmu:h ~ or
J due 10 dlacges reqnircd u a result offue OwMts 6uIure 10 render decision in a. timely manner,
3.3.2 Providing services required bocause ofsigniflcsut cbaages in 1bo Project iacIudin& Imtnot Ilmitm 10. slze.1l\IlIlitY. wwplq, or the Oww:n acheduJc, 0XI:epl
for services required tmder Subsection 2.S.2~
13.3 Prepariog DmwiDgs, Specificatious IIld ok documentation 8IId SIIppOlling dala, lllld providing other services ja counecticm with Chqe Ortbs and
ConstnJctio.n Chango Dimctives.
3.3.( Providing consultatka oocceming Jq)1aceax:nt of woD: damaged by fire or other amsc during ~ and fumishiag servicts required in coDllCCtion. witb
the replacemeat of rucb. 'Prodc.
3.3.5 ProvidiDg se:vices: made neceswy by lhIi default oftbe Conttactor, by major dcfix:tR or d~ ia tfJe wod:- oftbc Coutmclor, or by fililure ofpclfoll1llllWCl
of either the 0w1u:r or COctractor under the Contmct for Construction..
Page 3 of8
H.~\8hmk Forms\GEJ\1ER.AL CONDmON8-ARCBlTECT...ENGlNEER...doo
Revised .5-30.02
. ( (
3.3.6 ProvidiJ.g serrioes in evaluating an cxtcmive number of claims .submitted by the Contractor or others in coonoction with the work.
3.3.7 Providit1g 5eI'VicelI in CODIlllCtiou with . public heariDg. arlJilnrtioD ~ or IegaI prooeedjng exceptw_ tfm Desfgn Pro~ i3 plll'ly fhen:to.
3.3.8 Providing services m lIddition to lbose rtquirlId by Article 2 for preparing documenls fur al~ IlepIIDIlo or~ bfd& orprovidfng semces in COIlnllCIlon
with bidding or constmction prior 10 1heJ completion of the Construction Documents PhQK
3.M Notwi1hstanding anything OOIltllned in the Ag=m:at, Proposal or lIleso General Cooditioos 10 fhe COD.InRy. an ~ dercribed in 1hi8 Amclc 3 d1at 1m
caused m' Decessitated In wholll or in part due to ~ ncgIigent act or omission of1bc DeIJgn Pro1CssiomI shaI1 be pedblllled by (he Design Profi:ssionlll as a pllrt oflhc
Basic Serrlclls ~ the ~ with Do IIdd1tional OOIl:lpCJl!:Id!on above and beyond 1bc llOUIpllD!a1!on duo 8m Design I'rofbsiowd fur tfm Basic SefVfue& The
!otelveniJJg or COIWlmlt .ll~ ofthc Owne.r shaIIllOt limit thc Design f'rofI:ssionaI"1I obliglll:iQIIS 1UJdcr lhi3 Subsr.clion 33.9
3..4 OP1l0NALADDfIIONAL SERVICES
3.4.1 Providing fioancial feasibt1hy or other special studies..
3..4.2 ProvidIng pJanning, surveys. site evaluaticms or ~ studies. of prospective site$.
3..4.3 Providing special SIUVc:}'!. cnvi:ro.cmentaI stadies lllld submissicaw ~ired tbr approVll1s of sovemmemaIlUIIudies or olllelll1lavfDg jlulsdlcdon ow:r the
Project.
3.4.4 Providing services ztlative to future J3ci1~ systems 8Dd equipment
3.4.5 Providing services to fttvestlgate existing conditions or f4ci1ifies or to make measured drawings: themJf
3A.6 Providfnc senictB 10 vmf.y Ole acmraey of dmwiDgs or o~ infbnnation furnished by the 0wIU
3.(.7 Providing ooordination or COlI3truction pertbnnec:l by sepamto COlIlrIIet\'ns or by !he Ownei'a own IDI'CelI aud axmIioaIion ofllnfues equbm ill eollDedlDD wilb
c.anstructio:tt perfbrmed a.ad equJpment sopplied by the Ownor
3.4.8 Providing detailed quantity surveys or mv~ of~ equipment and labor
14.9 Providing lDal.yseI of opem.ting and maintenance rosts.
3.4.10 Making iavestfgatious. lnven1orie3 of materials or eqnipmeM, or 'I'llluatio1lS lllId dellliletl appmisaII of c:xisliiIg &cilities,
3.4.12 Providin,Ij: ~ in 1bo utilizution of eqaipment or syslenu sUch U tcIll:in& adjusting aDd b&aucing. preparation of llpIlrlltion and DIllina.lllII;C IIlllIlIllIls.
training personncI .tbt opcra&n and TM ~tlCC and consultation during opemtion.
3.4.13 Provning iDterior design and similar scrnces !'I:q\Ib'ed fur or In COlIlledion with tho llIll<<:tlon. pt'OCIlnlrDClIt or bJstaIIatIoD. offltrnittJftl.1brniBblnp lIlId mlaIied
equipment.
3.4.14 Providing sc:rvicct! od!er tiIftn as provided ill Section 2.5.4. ~ issuanoc 111 dJo Owner ordla finlll Cerlificalc 1hr Paymeat lIltd expfration of1he WlIl'l'lWly
peri?d of the Contmct fbr Constmodon.
3.4.15 Providing serrioes of llCl1ISUl1ants fur other than mcllitecrum1, civil, l1!ructumI.lIIllCIumiad lIIld eIrdrIcal eag!elring portions offlo Project provided Mil part of
BIWc Sccvkes.
3.4.1rl Prmriding llIly other sen>ices twt o1hllrwiSll iocluded in ens ~ or DOt l:1lSlomarlly:lbrnlshed in acconIaneo with Jllaemlly accepted lltclUrectural
~
JA.17 Preparing uet of lqlroducible ~ drawings in addition to fbo:9o:requhai by SuIm:ction2.6.l9. sllowing sitlnificant dJmgcr in tho 'MIlt IlIlIlfe dllrillg CQD-
stmcdon based on mmted-up ~ drawings and other d8ta famished by the Contractor 10 1M Desiga. Professional.
3A.18 Notwithstanding anything COIltB!ned ill the Agreemt.m, Proposal or 1he;,e 0eru:mI ConditioDS to lbe colllmy. aU serrieea desaibed ill. this AmcIo 31hat are
caused or IillOeSSiIated m whole or in part ofut, to the negligent act or omissioa of the Design Pmbaiolllll. sba1I bepri1Imt4 by lha Illlsign PmfiIaIornd all . pllrt of the
Basic ServicQ 1llIlIer the Agtecmeut with DO additional alIllplllISaOOn allove and beyond the ~ due lIle Dmign Pm&aaiwJaI :fur dlC Buic 8arvil:elr. The
.fatervetting or OOncurICIt nqd.igenee of tho Owner shall DOt limit tM Design ~ IS O'blfgatiODS Imdcr this Subsection 3..4~lB.
ARTIQE 4 OWNER'SRESPONSIBILIT.IES
4.1 'Ihll Owner IhaI! oonsWl with the Design Professional regardlng ~ fur 1bc Project.lnc!uditzg (1) ftJe Owoe(s objectiRs. (2) schedolc aod design
consrnint.s and crl!eria. hc:Iuding spa.ctl requiremeots and relationships. flexibility. CltpllDdability. special equipmeut. syslaDs IlIId Rim RqUiR!menlll. IS more speci_
fically ddsaibed in Subsectiaa .2.2 I
4.2 The Ownet lIhaIIllSlablish and update aD ovemU budget fur the Pmjllcl. including 11m CoDSlmdion Cost,. 1h 0wnel'1I odw C:Osl! lIlId mIlIOIIllbIo COIItiDgllOOies
re.1ated to an of these f.."ed1s.
4.3 If requested by the Design PmlbrsIon.sJ. tile Owneuha!l firmJ.'l1t evidence tMt fimloci.RIlIDlIngemcots lIaYe been nwfo 10 MfiI1lhe Ownei's obliptKm.s IIlldtrtbis
~
P!gC 4 of!
It\MJsc\BlanJc FOm1ll\GENBRAL CONDInONS-ARC'HlTECT-ENGrnEIDldoo
Revised ~3 0-02
4.4 The ~ sba11 desi~ II n=p~ oUlthori:zed 10 act on the Owae.'s bebaffwith ~to f.be l_ .;l The Owner ouuch IIIllhoriDxl mpreselIlative ItbaU
rel:ld<< decisions in II timely D18IIIlef peI1lliDing to do<:umaus submitted by !be Design Profesrional in Older to lI\'Oid lmlasaDab18 delay fa tho OIderIy and. scqucutilll
~ oftb Des.fgn Probsionah services.
40S Whem applicable, the 0Mlct sfwII furnish survuys descnbfng physical cbana:teristics,.1cglII Iimila1ious 8Dd 1lliIi1y JocaliODS fllrtbe sitll oflbc Pmjeer, ad II writllm
1egaI descrlption of the silo. The SIllVeys lllld 1egaI: intbImation sl1all include. as appIiCllble,. gmcb IIId lines of 51lceIs. alleys" pavtmCll!!laDd adjoining proplllty lInd
~ atljaeeat drainage; ~way, R!.rtricticns" ~ cncroaclnnenls. 2ODiIl& deed mslrfudollll, boundaries 8Ild CllllloImI of tho liD; Iocatiou,.
dimeusiom: IIId DOO:SSIlly data perlaining: to mdsling buildings, oIIrer ~ IUId flees; lIIId infllnna.tion caDCtllling aftilllbl4 UliIity servic:es and !iDea, bath
plIblic and ~ ab<ml and below grade. illc:Iuding lnwrts and deplbs. All tbo lDimlnalioo on 11ulSUJ:\Iey sb4II be ~ced ID a PfIliect bclnehmut.
4.6 Where llpplicablc.lbc Owner sha1I. furnish ~ services of pltecbnicaI ~ when IlUI:b IIlIVicas IR mqtleSled by1b& Design PmfesslonaL Sutlt set'VfcerJ lIIB.y
include but are not limited ID lest bo. test pils. detennilllwOllJ of soB bearinc wllIll9. pe.u:oJllticm. b:tlI, lMI1'18lions of~1IS lllatetfals. srooud COlroSfon IIIId ~
sistivity ~ including necessmy operations for anticipating sub-soil condittons. with JepCrrla and appropriate professiousl ~J1B..
4.6.1 The Ownr.r sIuUI fiItnisb the scrvkes of other i:ousultmrts when such IlI'ZVfues arc mI800llbly PlqUind by lbe llOllpe orb Pmjeclaod ate 1llqUesb::d by the Design
Prtlfessional ftnd ate not retained by the Design Pro1i:uional u part at its Basic Services or Additional ~
4.1 WhI21I1Ot a part or lhe Addilional Services, tbo Owner shan fumish strDc1IJraI. .......10....;"111. dumJicaJ, Ilk lIllll wala' po1IIilioll ~ 1csIs ofbazwdous maltriaIs,
and otb.er Jaboratnry and cnvin:mmemal ~ inBpections and repom JeqWred by I&w or ft:Lc Ccntmct Documents.
4.8 Tho Owner sba11 furnish all legal. IlCOOIIIlting lIlId insurance eounseling smicca IS ma.y be IIIIOe5SllIY. at llIl)' time 1br lho Project. focludiqg BIIlIitiug IIn'ice9 tbe
Owner may reqaizo t:l vui1Y tho Contmclot'8 AppIica1iODS liIJ' Pay=t or to ascertain IIow or tbr what PIlIpO(!tlI f.be ClmlIlII:lor hllll nsed Ibc mouey paid by or on
be1Wfof1bc Owner.
49 The 8eMces, infutmatioa, SIlfVey8 and lIlpOrts required by Owner UDder SectioIlS U through 4.1 sbaII be furnished at lhll Omds expemo, IlIId the Design
Professional shall be entitlod fD my upon the IlCCUllICy and oompleteoess tbmofln tho aIauce oflll1y negIipwcon IlJe part oftflaDcslgnPmfesdomd.
4.10 The Owner shall give protDpt written IlOtice to fb= Design ProCesWanallflbe Owner &econ:w. aware ofllIlJ' fwlf or ddkt ill h: Project<< 1l.lJlIQ)J]fb~ witb
tbo Contract Doeum.eab.
4.11 Design ProftssionaI slm1I plllJlMe language fur 0CJtificale. or oertificaliCClS III be fCqUCSlcd ofh: Dc:sisn ProfCrsimal Of Design. Probsiollll'allOllSlll1lllllll Blld
shall submit such to the Ownu fur rmew IIld approval at Ieast mutteell. (14) days prior to cxecution. Tho Owner ~ !IOUO requestoe1lifieadons that woold MqIlint
knowledge or servi.ca beyond the 9COpe of tho .Agr:ement
ARTIa.E 5 CO:NSmucnON con
5J CONSTRucnON COST DEFINED
5.1.1 Tha Construction Cost sfuIll be 1he ltrtaJ cost or ~ lXIst to the Ow:IIerof all demculs of1lle Ptqjed: designed oupeci5ed by 1IIc Desip Probional
!.1.2 The Construction Cost lIhaII iIlIlludc the cost at IJUlIllllj Ill8Itet I'llIcll Clf1llllor mllI1BltrlaIs fiuoiodJed by1bc Owner mI equipmmt dc:slsncd. specified. ~ or
spcciaDy provided fur by the Design PromIsional. plus a reasonable e1Iowm:e ilr #Ie CclIltnlaoI's ovc:d1cad aDd pull Tn lIddition. a It:alIOIUlbIe aDOWlIOCO & COD-
ticJgeDCie& shall be included for market wnditious at 1hrl time otbidding and :tbr chsnges in tho wmr during 00I1StnIr:ti0n.
5.1.3 Olmtruction Cost does DOt include the ~ of 1be Design Profils8iODalIlllll Desfp Probionar. 0llIIllUIlmJ1s,. the 1lOSlS or the land. righl9-ot:'WaY,
.financing or 0Iber costs whicb: ,an, 1M l'tSpOlJSi].n1i oftbe Owner u provided in Article 4~
5.2 RESPONSlBILrrY FOR CONSrRUCT1ON COST
5.1.1 Bva1uatlons of tIw Owne(s Pzqjoct: budget. pre1im/Iwy csrimab::r of Cooslnu:tion ColIt lllld dmai1ed eslima1a of Conslrootion Colt pmpan:d by 1Irt Design
Pm.tbi.sional n:prllSmt 1be Design :Pmfess!ooal'r best: judgment as a design proiisltional fitmiIiar wifh 1ba IlOD8lnIl:lion indashy. It is ~ however, tbatncilber
1he Dedgn ~ollll1 nof tIw Owner bas comrol over lho oost of labor, makiriaIs or .prneal;. oYa'1IJe Colll1ilcloI's Illl:tbodlI of ddumlning bid Prices. Of 0VlI'
ccmpetitivc bidding or market conditions, AcocmIingIy, fbc Design ProfcssiQlId CIIJIOOt IIIId dIJea DOt wammt DI' Iqll'C'llClIt tbat bids or cost propclSllIs wiIlllOt VlllY
:fiurn 1bc Ownets Project bud&=t 01: from any ~ ofConstruclion Cost 01' cwIuatiou PRJllIlllCf oragrecd ID by Ibc Illi8iglJ Pmfilsaional,
5.1.2 No fixed limit of ~ Cost shall be established as: a C(lll(\jticn of1!Jc ~ tiy tbc fiuniohh1s. JllOPllIlI1 or emhlisbmem of a Project buds~ UIIb.
IIICb. fixed limft has boen llgm;d \rpoI1 in writiDg Jod signed by the partielllbmelo. rflUCh a :Iim! limithus bcm 1lSIabliDld" 1bc Desfgn Pm1huiooalllhal1 be pmnifla:I
10 incIudc lXlDlingeaeies fur cIesigo, biddiDg llld price 0SCllIatWn. 10 determine wIud: mall:riab. cqtt\JmeDt. COIZlpOIIl:Ilt II}'SlmlI imd f,ypes of coltSlmctiaa are lD be
included In 1hb Contmct ~ 1D mUe reascnabIe a4i1lltmllnt9 hi 1he !OOpO oftllo Project lllId 10 iI1clodD in f.be Contract Doc:umcol!J: aItrnude bids to Blljust fiIB
Constn.:tion Cost to !be fixed Iimlt. Fixed IiInits, if any. shall be inereasod in -11m IlDIllUIII: ole iDaasc in du: Con1ml::t Sum CICtInrillg a1kr mcJlC111ion oflhe O:mtmct
fbr Cocstruclion.
S.1.3 If tb.~ ProCUlmlJCDt Phaso hu DOt oollllIlalCCd witbin 90 days aRe,- the Desfgn Proi:s.'lIonaI submil9 Out Coustntdion Iloalmm:s 10 the Owner, ao,y ProjllC(
budget or Im:d limit of ConsIroctioo. Cost shall be lllUusled to re&ct chllnges hi the ge:neml1cYd ofpri.ces ia tbe c:oostmcdon lndustIy b~ tIus dlllD ofmbmission
of the Constructiota Docutoeul3 to die Owna and the da10 on wWch propos. m sought.
ARTICLE 6 OWNERSHIP AND USE OP DOCUMENTS
6.1 The tlr1lwin&\ Speci1icaticns and ~ dcCWllCllb JeP8led by 1b: Design Ploferrional b this Projcet lII1l ilIstnznx:m of 1be DcsigB Pwhsional. semc:c aDd rhaII
bcco.!:ne the property of the Owner upon tenninatiOll_ or camplctioll of the ~ The Desip !'JoJWionaI is: eulilIcd lo retafD. oopies of all mch ~ Slwh
doctnncnts arc intended only be applicable ID lftis Project. llDd Owncr's IISll of such docmDcnts in olhet projcels shqJI be at OmIcr"s sole risk and CltJICDSll. III tbe cveuf 1bc
Omw n'lOIlIIIy-of the ipfunna!ion or DlIlIctiaIll developed pursuant fD 1hc Agrecmem hi 1IIOth<< project or fur other ptDpDlle81hm arc llplicified in tho Agreement. the DrsiglJ
Professional is mJeased item any and alIllabillty re1atina to !heir use in f1.at project
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6.2 Submiasioll or distribution of tbcumcnt!; to IIIIlet official regulatory mqlllrcmems lH' 1br simil8rpmposea in eoImcc&o willt lite Project is not to Ilo COIlSlnIed as pllbllcation
m deroga:&o of the Design Profiuiamtl's R:SerVed rights,
ARTICLE 7 TERMlNATION. SUSPENsION OR ABANDONMENT
7.1 The ~ Protimio.aallMY 1c:nnit!aIll the Agreement DpOn not less 1han thirty days wnllen IIOticc should the Owner :liUIlllbslanlially-lo p::dmn in llCCOrd_ wilh tho
Ierros of the Agreement through no llwlt of the Design Professiooal. Owner may tennfnata tb:: ~ or lII\Y ph= tIKmlfwith or without cause upon ftdrty (30) days
prior WIittm notice to the Design ProfesBiottaI. All work and 1abor bcing pc:rfurmed lDIlfer flc Agreement sllaD eease immcdialdy IlpOJl tleaign ~na1's JCCcipt of lIlICb
notroo. Befure the eDd of the thirty (30) day period. Design ProfessiCllal shaI1 invok:o 1bo Owoer :Ibr all work it safis:f8doriIy pcrlQnned prior 10 the receipt Of such nolioe. No
llUlOlIIlt sbaII be due :!br lost or anticipated pmfits. AU plans. field sutVeYs., and othcf dlIlIr. mIlIb:I to lhe Pmjccl: abalI bcoomo pIIIpflIfJ orlhe Owner IIp(lIl ~ offtJo
AgreolDlllt and shaD. be promplly delivered to the Owner in llItuonably organi2r.d 1brm.. SIlOuId OWJlm:mbsequebtly conbdwilll anew Ilc8ign ProhUmal fur coa1ilmation
of avice& on 1M ProJect Design Pm:fessJonal shaI1 coopemtc in providing information.
7.1 If the Project ill ruspended by the Owner fur lIlOIll than 30 consecutive days. the Illls:iga ~ sbaII be campermled Ilr ~ 9lI1is6Jdorily per1bDDtd prior to
notice of such JIlSpCIIllion. Whett tbo Project is re8Ilined, the Design ProkssionaI', COIlI(lCIlSlItioD llImIl be equitMly adjmled to plOVido filr IlllpCIlSCII inc:.umd in ftJc iDletmption
and resumption of the Design Pmfesskmalts services..
7.3 The AgJ;ecwent may be tenninated by !he Owner IIpOIIllCt less lhan JeVm days wrltb:u notico 10 the Design Ptoftsslon.J in the evll11t 1blIt 1be Plqjoot is ptrIWlIIaIdy
abandoned. If the Project is Ibandoned by the Ownedor IIlOM than 90 c:onsceutfve dll}'B.lhll Dclslgn Pro1hIsJonaI or 1110 OwnIIrmay1l:lmInalo lhc.Apement by giving ~
notice..
7.4 Failure ofthc Owna ID IIllIke p!yrnems to 1bo Design ProhrianaI fur-work satis1hclo1iIy oompllDd in llCClOrdam:o wilh lho ~ shall be ccmsidenxf subsiandaI JIOQ.
pcdbnmmce aod C81JBe fur IermiDation..
7.5 lflhll Owner mns to make payment to Design Pro1essional wlthio thirty (30) days ofreeeipt of a IlmmeDt for serriOC$ ptupllt"Iy and Illtis!ilcfmiIy per.bmed, 1M Desip
Professional Dl!Y~ DpOD seven days writtm DOtice 1D the ~ SMpeDd pmfurmanoo. of services under the Agn:ement
7.6 In the cYmIt of lmnination not lhlI :flutIt oflho Design ProfessionaJ.lhe Design Probfonal sbflIl be llOlIIpCIIlla1ed 1br ~ properly IlId slltis&cfurily pcdOsmcd prior 10
knninatiol1..
ARTICLE B PAYMENTS ro THE DESIGNPROFF.SSlONAL
8.1 DlREcr PERSONNEL EXPENsE
8.Ll DiMct PcrsoJmcI. &p,ase it defined as tho df=t saI~ of the Design ~ pemmnd CDpged an 1110 Project ad tho portiOll oflhc mst of lheir
IIllIlIdatoJy lI!ld custl:lmary contributions and benefit! related lhemo, such lIS employment WCes alld olher stallltoly ampIoyce bcl!dils,. instmmco. aide leave, holidays,
~ pmsions and similateoatn'batioDs and beucfim.
8.2 REIMB mISABLE EXPENSEs
8.1.1 Reimbursable ~ Il'e in addition to COIIlpIIDsation tor B ask and Additional Scnrioes IIIId include cxpcDSIIII iDcomd by fie Des!gn ProbJOllIllllld
Desisn Profmsiooars employees and consultants in ~ interest cethe Pro~ as fdentified in the following Clauses.
8:2.1.1 Hxpcme oftranspomdion in COIlll!letIo.n with the Project; cxpeuso:s in. COIIIIeCtioo. with ~ out-of-town. tweI; Iong-distaace QOD1IlIUllicatiOllS;
and foea paid fur ao::ming approval ofllbthoritiea havingjuri!dk:tioa over -rho Projoet.
8.2.1.2 E:xpensD ofrepmdnetions (except 1ho IllpI'Oduction of lhe seta of dOCUDlenIa mtCn:uced in Sabseroan 2.6.19), pooiap IIIId hmldIing ofDmwings,
Specifications and other ~
8.2.U ff.authoriud in adwncc by 11m Owner~ ~ of crm1imc work ~g hf.ghcrthan ~guJar Iate&
8.1.U Expense ofrcndcrinPt modeL. and toock-up, requested by the Ownet.
S.2.1tS ~ of~ hip anddmfting ~t time when used in connection with tbeProject
8.2J.~ 0d1~ expenses that are approved in -advance in writiDg by the Owner
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 PII)'l1lmt! fur Basic Servlces .ilia11 be made moolbly IIIld,. whem appIkable. shan be in JDU.patdoIl. 1D nvicea pediJnuN. wiIhfn each pblllle of lIIIrVb. on ftJe
basis IC:t fbrfh in Section 2 of the Agrt:aneut auf the schedu1e ofwor.k.
8.3.2 If.md to the extent 1!IIlt!he timI! initially ertabl:ish<<l in the Agteemcm is c:xceeded orexbJded lJuough DO :!jtuItoffhe Design Pro1bsionaJ. ~ funny
serviceI mldend during dle atlditiouaf period oftirM shall be computed in. the mam1Cr set fbrth in 8cction 2 of the AgreemeDt.
IU3 Wheu compensation .& based on II. perttnI8ge of ConstructIon Cost and any JlQrtiona ofthc Prqject 8Ill deleted or Olhenvisc DOt 00bSl).....ttd, oampClllllJtioD fur
lboiIC portions of thII Projcqt shall be payable to !he extant reM:es m perfunncd on 1hmr1l )IOI1ioDa, ia. aeool"dlmco wi1&. thllaedulll Sl!I: 1b~ in Section 2 of tltc
Agreeme:at based on (1) the lowest bona fide bid or (2) If no stdi bid or proposal is reoeivect the: most recent preliminmy ~ at Constmetion Cost or detailed
C6timate ofConstmctioo. Cost tbr IUCb portions of the Project.
a4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.l Paymtnlll 0lI aeamnt of tfuI Design Professlonafi Additional Sc:rv:ica and fur Rcimbutsablll HlqIcnses shall be made monlbly wilhin 30 days after 1I1e
~n to the Owner oftbe DesigD Protbs!iona1ts stateJrent of services nzdeced or 8Xpa1SCS incurred..
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8.S PAYMENTS WlTBHELD No deductious sha1I be made !'tom tbtl Design Pmll:ssianars IllllIlpeIL'llI Ol1lll:00111lt ofpcllll11y.liquidalcd damages oro1ha SlIlnlI wilIlhcld
frbm payment, to COlItt1wtorli, or 0118CCOl111t Gflho COOl of cbabges in'the wruk other than those mrwhich tho Oellign Probsioml ill RlIpQIlllIbk
8Jj DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design ProfCS!IfooaI sbaIllllllko aVllilIlbls to Owntlr or Ownm's 8lltboriud ~ve recon19 of
Rmmlll1rSl& ~ Ind =xpemes pert:dning to AdditionaJ Semces.m savioea prd)11III:d GO the blL'llil of a multiple of Dim:t PlmIcmncl Expcase fur ~ aod
copying during rcguIar businew hours fur three years alkt tile dale of tho fina1 Certifk::arD ofPapncnt. or UIItiI my IItipIion tdared to tbo Project is fiDaI. whidJcwr dIIfD is
Iater~
ARTICLE' INDEMNITY
9.1 The Design Profi:sriond shlllI illdemni1)t and RYe and bold harmless thll Owner lUId it! oflice.ts, aplls. and employllQ ftom IlId agliost any lllld aIlliabiJilf,
claims, demaw.fs, damages, losses, and cxponses, includiDg, but not limited to oourt COSlI and reasonabll': Idlomey tees ineuned by fho Owna-, ud includiug, without
limitation, damages for bodily IIDd pcmmal injwy, death 8I1d proporty damage, rewIting from lie ncgJIsllllt acts or OmiuiOIUl ofthc IlClIiga. PmbsfoDIII or il$ otJiccnr,
slwchold~ agen'fl. or omplayees iD tho performance of the Agreement
9 .1- Nothing heleia shall be comtrued to ~ I Uability to any person who, is not a pady to tbc AgieemeDt, amI !lIlthing herein shaD ~ any oCtile partits' 4dcases,
both at law or equity. to any claim. csuse of action, or litigation filed by anyone DOt a party to tho AgreelMIt, iDcluding the dcfClIllO of govcmmmlal iDmmnity, which
d.efeoses aro ~reby expressly reserved"
ARTICLE 10 lNSlJRANex Dmiog the pertbrmanco of th8 SerriCl\B under Iha Agmement, Design ProfeaaiOIllll .liaD maiolain tbo tbUowillg iosuranco with an
insurance cotIIp&lly liccnsod 0{ authorized to do buslnelS in the SllIto of T CllC3S by the Slate IlUlunmcc Commission or 11111 II1ICCell8Or ageucy tIwt lias a n1iIlg with Beat
Rate Carriers of at least III A- or above~
10.1 Colllp1daensIvc General Liability IosUIllI1CC with bodily ioj wy limits of DOt leu lIIao $1,000,000 filf each o<:e1lUCll(:C m:I Dot Ics. than 52,000,000 in tho IggJqj:Idl;
and with property damage l1.rnits ofnot l4u than. $1 OO~OOO fbr each occutrcnee and not less than $2SOtOOO in -uu, aggre~
10.2 Automobilo Liability Imlnrauco with bodily lnjwy limits of DOt less than $500,000 fur caclt pcnt)n and not less than SSOO,OOO for each aecldmt. and with property
damage limits of not leu than $100...000 for ~ acCident
1 G.3 Worker's ColllpllllSltiOq WIIrllllQll in ICQCltiance with SllItutory reqtliremcmta, and Emplo)'elll' Liabilil;y Iasunmco wifh limits of not less. than Sl00,OOO :fbr elII;b
accident incJud.iD.g Occupational disease.
10.4 Professjoaal Liability Insuranco with limits of not less than $1 ~OOO~OOO arumaI aggregate.
10.5 The Dcsfp ProressWnaI shall fumilh insurance certificates or InsIltllnOll policiet to the Owner evicleDl:iug iusuJ:anco in compJiaooc wllh IIis AdicleIO at tho time:
of tho oxecutiau of the Agreemmr. h GettoaI Liability and AutoIIlllbilc Lia.bility msu.anoe policiea &balI1IID1e tho Ownet IS lIJl .dtlitiOJllll imnred. 1hc WorIon'
ColllpCIlB8l:ion policy shall contBin a waiver of 9lIbrogatkm ill :fi1vor of tho Owner. BOd each policy shall COlltaiu I pnwisioa. fhat JDCh iosunnco shall DOl be ClIDCOIed or
modified without thirty (30) days' prior written DOtioe to Owner and Des ign Pm:fessinlllLl. ID IllCh GlIent. the Dosign Profilsaiollal shaU,. prior to 1110 emcti.vo date ofthc:
chacp or ea.ac~" J fion. furnish Owner with substitute certificates of insurance meeting tbo requircmants of this ArticJe 10,
ARTICLE 11 MISCELLANEOUS PROVISIONS
ILl The Agr=:ocqt Sban bo gol'l'Zlled by the: laws- of tho Stale of'Iexas. V ClIIlO of ~ suit or ClllWI ofllCtion uadcr the A&tecmcnt shaD lie cxcIwiiveIy in Dcuon CouoW.
Texas.
IU 1M Owner and Design I'mfCssionaI, respectivcly. bled 1hemselves. their partDera. S1ICCcaorI.IIS5igDs 8IId Iepl rq:menfl1ives to the ok party tD this ~ and 10
lhe: pmine;m, lIIlCeCSI(mI, assigl1s IlIld legal ~ of:mch other pI\lty wilh respoct to aU COWIIlUlI9 of lItil ~ Tho Design Proib:&Iomd lIhaD. DOt assign its
inD::v;sts in the Agreement '9Iitbout the written consent ottbo Owner
11.3 Tho tmm ~t lIS used _in incJcdea tho ex..cutod ~ lho l'ropoSlll. these aromt CoIldfIioI15 and ollltr atladlmcltts ICiCIeuced in Sedioo 3 of the
~ which ~ tllpIeSenl tbe CZltim .m iDlegtafed agreemcut betwcc:n tho 0wDer and Design ProfessioDlllBDd ll1IpCIl;edea all prior DIlg0tiati0... ~ 01'
~ either writtea or llflll. The ~ llRI)' be amended wly by writtcm iD.sImmezJt rigoed by both Owner aod Design ProtessImaL When ~ lho
~ tho CtECated Agreenmt. Proposal, lbese Geulnl CooditiollS IIld tho othlI: dachmeo1s ~ in SOOlioD. 3 of tho Agm:mcat shallw Ulc =- that Is
rt.a8Ol:lIIbly possible be read so 115 to illu:tuol1ile lbc provisions.. HoweYet, should the provisiollJ oftheso doc:uml:ols bo iu OOo.1lictllO lhatdtey CllD. DOt be R:lIBOI]qjJJy 1wmoni2lcd,
such doeutnenm sbaB be gfven pmrhy in the fbUowing order
1.. Tho exccut:d Agro:mcmt
2, .Altac.bments ~ in Section3 oftbe Agreement other than the Proposal
3~ 1b.e5e Oetknl Pmvitkms
4.. 1bG Prop:lsal
1 L4 Nothing ooolllined in the Agreemcot 5ha1l create I oontraetual RJatlcnsbip with or a CIl11Se of action in Bwor of a thitd party agaipst eilher fie 0WIICll' or Doaign
Professional
11.5 tJpoq receipt ofprlonrilllln awroval cfOwoCl'. the ~ ~ shall have the right to iDclude ~ ofthc lbign orfhc PmJect. including photographs
of the lllderior III1d interior, atI1O.IIg tho Design Profeeslcmal'. promotional IIld pro.lCssiooaI material.. The Desigo. PmfCsaiooars IIIIIlerWs ahallllOt includo 1be Owm.'s
ooofideDl:ial or proprietary infurmatiOlllfthc Own<< baa proviously advised tho Dc8Ign Probsional in writing of!hc apecific inJblDllltion COII.'Iidcred bY the OMa-w be confi-
dential or pmprietsry The Own<< shall provido )ll'Otilssio1lll! orcdiI fur 'the Design ProfcssioIllll on the COD9lIuclioq 8ip snd in the pt'OIDOtionaI.malerisls fur1hc Project.
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I I.6 A~ ~y ~ Ownu shallllOt eorlltitut.., ( ;0 &emed . relc:aso olthe responslbDJl;y IlIIlIlillbllily ofl .sign Professional. itJ empl~ auocIllle8, ll8eub,
BIlOOo!ltrltotoIt, and subeonsultants lor the IlCClIr3Cy md competency of their desigJII or othor wotl:; IIlll' shaIlllllch .ppl'OVlll be delmled to bo an 8.'l!llllDption of ~
rCspoosfbllity by the Owner fur my defect in 1he design or oth<< wed: prepared by lbll DesIgn ProtessicnaJ, ill employees. SlIboontnlClnm. .genu. lIIld cansulllllttl.
11.7 All notices" COJnJn1InioatiOIlS. and reports required or pennitted ~ the Agrcemeut HhaIl be JlIIISCIloJIy delivered or maW to tho respectfvo porIies by cfepoairfug
san:e hi. the United Stata<llMil to the add~ shown below signature blook on the Agfeemeat, certified IMiI. rcIum mleipr: IeqUeSll!d. lllIless oCh~e speeified bercin.
AU notices shall bo deemed cffeetfve upon receipt by the: party to whom .such notice is given. or wifuiD three (3) days after mailing.
11.8 It any provision of tbet Agr:eement is fmmd eX deemed by .a court of competent jurisdiction. to be invalid or lWenforoeabI~ it shan be considered .severable from the
temainder of ~ Apment and shall Qot C81UO the remainder to be invalid or uncafureellble. ID such cvml; fbe putieillihaII Idl?rID the Agreement to repbloe suoh
stricken provision with a valid and onforceable provWoa which oomcs as close u poss:ible to cxpressit1g 1he intention of the stricken provlskm.
1 U The Design Protilssiona] shall ecmply with all mdcral. ~ lDld local laws, mles, reguIlIliou8. IUd ordill.la:es applice.blc fD tho work covaed heeuudtr . they
may now :read or hereinafter be amended during the: term of this Agreement
11.10 In perlimning tmI Setvms required hemmdcr, tho DosigD Professional shall DOt discrirDiDate against IDY ptlrSOlI on tile bais ofrllOG, color, qon,. sox.
national origin or ancestry~ 19o,. 0[ pbysicaI handicap.
lLU The captiom offhc Agreement- arc for iDfonmtional purposes only, and shall not in my "WaY affbct the substantfve terms or conditions of tho Agreement..
Page 8 of!
H~\Mise\B lank Forrns\GENERAL CONDrnONS-ARCHrTBCT-mmINEBR.doo
Revised 5-30-02
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
A. DESIGN PHASE
Upon execution of this AGREErv1ENT" FNI shall:
1. Prepare two plan/profile schematic level alignment alternatives for City Review and
selection.
2. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts
of improvements to be constructed. Plans sets will be provided to the City for Review at
the 30%. 60% and 90% levels
3. Attend up to (6) six project meetings with City Staff to discuss the design and project
related issues.
4. Submit drawings, specifications, and Construction Contract Documents to the applicable
federal, state and other jurisdictional agency(s) for approval, where required.
5. Furnish such information necessary to utility companies whose facilities may be affected
or services may be required for the Project.
6. Prepare revised opinion of probable construction cost at the 30%, 60%, 90% and Final
stages of the project.
6. Prepare bidder's proposal forms (project quantities) of the improvements to be
constructedt
7 · Furnish OWNER 4 sets of copies of drawings. specifications, and bid proposals marked
"Preliminary" for approval by OWNER. Upon final approval by OWNER, FNI will
provide OWNER 4 sets of copies of "Final" drawings.
B. BID PHASE. Upon completion of the design services and approval of "Final" drawings and
specifications by OWNER, FNI will proceed with the performance of services in this phase as
follows:
1. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors
and vendors listed in FNl's database of prospective bidders, and to selected plan rooms.
Provide a copy of the notice to bidders for OWNER to use in notifying construction news
FNIfr/
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OWNER
publications and publishing appropriate legal notice. The cost for publications shall be
paid by OWNER.
2. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders
that respond to the Notice to Bidders.
3. Assist Owner by responding to questions and inte.rpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders if necessary.
4.. Attend one pre bid meeting to answer questions related to the bid documents.
5. FNI will assist OWNER in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder. Recommend
award of contracts or other actions as appropriate to be taken by OWNER. Pre-
qualification of prospective bidders and issuing a list of eligible bidders prior to the bid
opening is not included.
6. Assist OWNER in the preparation of Construction Contract Documents. Provide ten (10)
sets of Construction Contract Documents which include information from the apparent
low bidders bid documents, legal documents, and addenda bound in the documents for
execution by the OWNER and construction contractor. Distribute five (5) copies of
these documents to the contractor with a notice of award that includes directions for the
execution of these documents by the construction contractor. Provide OWNER with the
remaining five (5) copies of these documents for use during constructiODt Additional sets
of documents can be provided as an additional service.
7. Furnish contractor copies of the drawings and specifications for construction pursuant to
the General Conditions of the Construction Contract.
SPECIAL SERVICES: FNI shall render the following professional services in connection with
the development of the Project:
A~ GEOTECHNICAL SERVICES
The proposed subsurface investigation will be to detennine subgrade soil types at the boring
locations, make subgrade treatment recommendations for the roadways, develop two
pavement design options" and develop foundation design recommendations for the creek
crossing Structure.
1. Clear proposed boring locations with the City of Denton and obtain Texas One Call
verification for commercial buried utilities.
2. Drill 8 borings to a depth of approximately 10 feet and 2 borings to a depth of25 feet.
3. Obtain relatively undisturbed thin-walled tube samples a standard penetration test samples
as appropriate for the soils encountered. Observe and record groundwater seepage levels.
FNI~
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OWNER
4. Laboratory testing will be conducted on the samples to evaluate the soil classification and
characteristics. The test will include the atterburg limits. percent passing a no. 200 sieve,
unit dry weight and moisture content, unconfined compressive strength, and PH lime soil
serie s .
5. An engineering analysis and evaluation of the field and laboratory data will be performed
for the project and documented in a report. The report will include a boring location map,
boring log, sununary of laboratory test results. discussion of soil and ground water
conditions, pavement design options, recommendations for subgrade treatment, earthwork
recommendations and foundation design recommendations for the creek crossing.
B. HYDRAULIC ANALYSIS SERVICES
1. Develop FlEe RAS models for Pecan Creek and tributary PC-2 based on the most recent
topographic information.
2. Prepare three different design options for the proposed creek crossing of tributary PC-2.
3. Prepare a Conditional Letter of Map Revision (CLOMR) documenting the impacts of the
proposed design. Five copies of the CLOMR will be provided to the City for submission to
FEMA.
4. Prepare a Letter of Map Revision (LOMR) documenting the as built condition. Five Copies
of the LOMR will be provided to the City for submission to FEMA..
c. ENVIRONMENTAL PERMITTING ASSISTANCE SERVICES
1. Compile Existing Information and Conduct Field Survey
Prior to making a field visit, obtain available information for the vicinity including soils
maps, topographic maps, floodplain maps, and other readily available, pertinent data. This
information will be evaluated to guide the field survey described below. Freese and Nichols
scientists will conduct a pedestrian survey of the road alignment. including two alternative
creek crossing locationst to identify environmental issues.
This investigation will include the following:
· Identification of Uwaters of the U. S." as defined by U. S.. Army Corps
Engineers~ (USACE) regulationst The presence of jurisdictional waters such as
wetlands; ephemeral, intermittent, or perennial streams; or other open waters will
be documented for preparation of a Section 404 permit application or
preconstruction notification. In the event that the project could be authorized
under a nationwide permit without notification, FNI will prepare a letter to the
City, describing the project features and FNI's opinion as to the use of a NWP
without notification to the USACE.
· The presence of potential habitat for any federally listed threatened or
endangered species will be evaluated.
· Documenting evidence of any observed environmental contamination such as
stained soils, sheens on water, etc~
· Providing GPS coordinates of features identified during the pedestrian survey.
FNltJrl
SC-3
OVINER
2. Consult with the Texas Historical Commission
Projects sponsored by certain entities, including municipalities, that affect a cumulative area
greater than five acres or that disturb more than 5,000 cubic yards require advance project
review by the Texas Antiquities Committee according to Section 191.0525 (d) of the
Antiquities Code of Texas. Because the proposed project is expected to exceed these impact
thresholds, coordination with the Committee will be required. FNI will prepare a letter to
the Texas Historical Commission (rnC) describing the project and requesting the
Committee's review.
3. Evaluate Permitting Issues
FNI will evaluate the proposed road alignment for environmental permits based on data
gathered in the field and from other readily available sources such as regulatory agency
publications and web sites. This task does not include direct correspondence with any
regulatory agencies except the Texas Historical Commission.
4. Prepare Report
FNI will prepare a report documenting the results of the field study and the permit
evaluation, including the presence of waters of the U.S., potential of the project to affect
threatened and endangered species or their habitats, and the results of the THC's review for
potential effects on cultural resources. The report will include an opinion on the Section 404
permitting requirements such as the type of 404 permit, potential mitigation issues, and the
anticipated schedule.
D~ SURVEYING SERVICES
1. Establish horizontal and vertical control from existing TxDOT survey reference (Loop 288
Contro])4>
2. Cross sections will be taken at 50-foot intervals along with break lines as required to provide
a digital topographic design file at I-foot interval contours. Side streets, alleys and drainage
ways shall be surveyed a minimum of 200-feet in each direction from the primary road.
Both top of curb and gutter elevations shall be provided. Typically top of pavement shall be
obtained to the 0.01 foot accuracy and top of ground to 0.10 foot accuracy. The width of the
survey shall be a minimum of 50 feet on either side of the proposed right-of-way. At the
existing intersections the sUlVey shall extend a minimum of 100 feet in all directions.
.3. The services of a utility locator service (such as DIGTESS) will be used to locate the
approximate locations of existing franchise and City utilities..
4. Locate and identify all above ground features within the survey limits including but not
limited to buildings, building doors, fences, utilities, street lights poles, concrete steps, stairs,
sidewalk, driveways, handicap ramps, guardrail, etc. The outside limits of dense tree and
vegetation growth shall be identified. All trees 6'; or greater shall be measured and
identified. All utility potholes shall be located horizontally and vertically.
5. Locate and identify property comers within the survey limits.
6. Identify existing ROWand easements within the survey limits.
FNI~
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OWNER
7 · Types of existing pavement surfaces will be identified for streets, alleys, sidewalks,
driveways, etc. Existing lane markings and signage related to traffic shall be identified.
Existing traffic signals including base, mast arms, fixtures and control boxes shall be located
and identified.
8. Invert elevations and size of existing storm/sanitary sewer pipe shall be identified for all
manholes, junction boxes and inlets within the project limits.
9. Create and provide FNI with a 3-D surface model of the site, compatible with GeoPak:
software. Provide electronic file of digital terrain model including tin (break:) lines. Provide
ASCn file of all point numbers with coordinates, elevations and descriptions for each.
10. Bench marks will be provided at a minimum of a 1000 feet increment. Horizontal and
vertical coordinates of the benchmarks in the required coordinate system and datum.
11. Prepare ROWand Easement Documents for the project.
a.. 7 Right-of-Way Documents
b. 7 Permanent Grading and Drainage Easements
c. 7 Temporary Construction Easements
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically
authorized in writing by OWNER, which are not included in the above-described basic services, are
described as follows:
A. Land acquisition services.
B. Preparation of a JD Report and a Section 404 Pennit Application or Preconstruction
Notification.
C4 Preparation of Mitigation Plan
D. Coordination and Consultation with the USACE
E. Section 401 Coordination with TCEQ
F. CLOMR and LOMR applications fees
Gt Construction materials testing..
H. Development of traffic projections for the proposed roadways to be used in the pavement
design options.
I. Field layouts or the furnishing of construction line and grade surveys (to be provided by the
Contractor).
J. New water and sanitary sewer design other than adjustment of surface appurtenances.
K. GIS mapping services or assistance with these services.
FNlk
SC-5
OWNER
I
L. Providing renderings, model, and mock-ups requested by the OWNER.
M. Assisting OWNER in claims disputes with Contractor(s).
N. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by FNI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREE~NT.
O. Perfonning investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
P. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this agreement
Q. Services required to resolve bid protests or to rebid the projects for any reason.
R. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
S. Subsurface Utility Engineering services for precise location of subsurface conflicts and
utili ti e s.
T. Construction Representation for the roadway projects.
U. Site visits and meetings in excess of the number of trips included in Article I.
V. Providing basic or additional services on an accelerated time schedule. The scope of this
service includes cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated time
schedule directed by the OWNER.
FN1h
SC-6
OWNER
AR TICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution
of this AGREEMENT and agrees to complete the services in accordance with the attached
schedule:
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not limited
to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to
FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as
outlined on the face of this AGREEMENT and in Attachment co.
ARTICLE N
A. MODIFICATIONS TO THE PROFESSIONAL SERVICES AGREEMENT: The following
items were found to be unacceptable terms of conditions by FNI and shall be modified with the
following:
· In the Professional Services Agreement, Section 1, TIrird Sentence - Employment of the
Design Professional, delete the wording ''without limitation"
B. MODIFICA TIONS TO THE GENERAL CONDITIONS TO AGREEMENT: The following
items were found to be unacceptable terms of conditions for Architectural or Engineering
Services by FNI and shall be modified with the following:
· Article 1.2, Add the following sentence: "The time allotted for the Owner" s review periods
will be as agreed to and established in the project schedule..n
· Article 2.1, In the first sentence delete the wording: I'without limitation';
· Article 2..3; Delete this Article in its entirety
· Article 2.4, Delete this Article in its entirety
· Article 2.5; Delete this Article in its entirety
· Article 2.6, Delete this Article in its entirety
· Article 34<3.9, Delete the last sentence of this Article
· Article 3.44' 17, In the first line of the Article, delete the wording: "in addition to those
required by Subsection 246. 19"
· Article 3.44> 18, Delete the last sentence of this Article
· Article 44>10, Add the following sentence: UThe Owner shall give written notice to the
Design Professional if the Owner becomes aware of any errors or omissions in the design
work..'"
FNI~
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OWNER
· Article 11.3, Delete the priority of the documents listing and replace with the following:
"1. The executed Agreement
2.. The Proposal, including Scope of Services and Responsibility of Owner
3. Attachments referenced in Section 3 of the Agreement other than the
Proposal
4t These General Provisions"
ARTICLE V
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so
as not to delay the services of FNI:
A. Designate in writing a person to act as OWNER's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define OWNER's policies and
decisions with respect to FNI;s services for the Project.
B. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the
Project.
C. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of FNI.
D. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC,
Article III of this AGREEl\tffiNT or other services as required..
E4> Bear all costs incident to compliance with the requirements of this Article V.
ARTICLE VI
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following
representati ves:
Owner's Designated Representative - Bernard Vokoun, P.E., City of Denton, 601 E. Hickory, Suite B,
Denton, Texas 76205; phone: 940-349-8910; fax: 940-349-8951; email:
bernard. voloun @ cityofdenton.com
Owner's Accounting Representative - Annie Bunger, City of Denton, 601 E. Hickory, Suite B,
Denton, Texas 76205; phone: 940-349-8910; fax: 940-349-8951; email:
annie. bunger@cityofdenton.com
FNI's Project Manager: Chris Bosco, P.E.; 4055 International Plaza, Suite 200, Fort Worth, Texas
76109-4895; Phone: (817) 735-7359; Fax: (817) 735-7491; E-mail: cb@freese.com
FNI's Accounting Representative: Patti Allen; 4055 International Plaza, Suite 200, Fort Worth,
Texas 76109-4895; Phone: (817) 735-7466; Fax: (817) 735-7491; E-mail: pla@freese.com
FNI Jtrt9
SC-8
OWNER
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Basic and Special Services: Compensation to FNI for the Basic and Special Services per the attached
fee proposal summary shall be the lump sum of three hundred five thousand three hundred eighty Dollars
($305,380.00) and a cost not to exceed seventy-six thousand two hundred and three Dollars ($76,203.00)
for a total fee of three hundred eighty-one thousand five hundred eighty-three Dollars ($381,583.00). If
FNI sees the Scope of Services changing so that additional services are needed, including but not limited
to those services described as Additional Services in Attachment se, FNI will notify OWNER for
OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of
Charges.
B. Schedule of Chart!es for Additional Work:
Staff Member
Salary Cost Times Multiplier of 2.08
Resident Representative
Salary Cost Times Multiplier of2.0
Salary Cost is defined as the cost of salaries (including sick leave. vacation, and holiday pay applicable
thereto) plus unemployment and payroll taxes and contributions for social security, employment
compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous
benefits.
Other Direct Expenses
Actual Cost Times Multiplier of ItlO
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For CAD services performed ill-house by non-FNI
employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee
was perfonning the same or similar services.
Rates for In-house Services
ComDuter
$10.00 per hour
Printin2:
Black and White
$0.10 per copy
Plotter
Bond
Special
$ 2.50 per plot
$ 5~OO per plot
Color
$0.50 per copy
Testiosz Apoaratus
Density Meter $350.00 per month
Gas Detection $ 10400 per test
Hindinl!
$5.75 per book
3-10-04
FNI~ftJ
CQ-l
OWNER
-
FEE PROPOSAL SUMMARY
DENTON SHADY OAKS DRIVE AND BRINKER ROADWAY EXTENSIONS
BASIC SERVICES
BASIC SERVICES.. DESIGN AND B1D PHASE :::
SPECIAL SERVICES (errY FUNDED PROJECT)
HYDAAULJC ANALYSIS =
ENVIRONMENTAL PERMITT~NG ASSISTANCE ~
TOPOGAAPHJC SURVEYlNG SERVICES=
ROW & EASEMENT DOCUMENTS ==
GEOTECHNICAL ENGINEERING ==
ARCHEOLOGICAL SURVEY:
SUBTOTAL:
REIMBURSABLE EXPENSES
REIMBURSABLE EXPENSES =
TOTAL BASIC & SPECIAL SERVICES =
$245,280 lump Sum
$23.100 Lump Sum
$33,500 Lump Sum
$35,200 Cost Plus Not to Exceed
$131283 Cost Plus Not to Exceed
$11.220 Cost Plus Not to Exceed
$16,500 Cost P'us Not to Exceed
$132,603
$3t500 lump Sum
$381,583
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AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
Fiscal Operations
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton approving an extension and ratification
of a bond counsel contract with McCall, Parkhurst, & Horton, L.L.P.; authorizing the City
Manager to execute the contract extension; approving the expenditure of funds therefor; and
providing an effective date.
BACKGROUND
The City retains the services of a bond counsel for the legal services necessary for the
authorization, issuance, and delivery of bonds to finance city infrastructure improvements and
equipment purchases. The City had a contract with McCall, Parkhurst & Horton that expired
September 2005. In order to facilitate the work necessary for the issuance of 2006 General
Obligation Bonds, Certificates of Obligation and Utility System Revenue Bonds, it is necessary
to extend the Bond Counsel contract through September 2006.
The attached ordinance approves the extension of the contract, which is attached, and approves
the expenditure of funds authorized by the contract.
PRIOR ACTION/REVIEW
The City Council approved the latest contract with McCall, Parkhurst & Horton, L.L.P on
October 17, 2000.
FISCAL INFORMATION
Bond Counsel fees as defined in the contract are paid from each debt issue.
EXHIBITS
Ordinance
Contract
Respectfully submitted:
~,.... p6r" ,.'~ ,
. ' .
~. '
is:: ,"' ,~
. ..;
~
Jon Fortune
Assistant City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE CITY OF DENTON APPROVING AN
EXTENSION AND RATIFICATION OF A BOND COUNSEL CONTRACT WITH
MCCALL, PARKHURST & HORTON, L.L.P.; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT EXTENSION; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The City Council hereby approves and ratifies the Bond COlUlsel
Contract Extension, a copy of which is attached hereto and made a part hereby reference
(the "Contract") and authorizes the City Manager, or his designee to execute the Contract
on behalf of the City.
Section 2 ~
the Contract.
The City Council approves the expenditure of funds authorized by
Section 3~ This ordinance shall become effective immediately upon its
passage and approval and shall have retroactive effect to September 30, 2005.
CITY OF DENTON, TEXAS
By:
PERRY R~ McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. S , CITY 1fTORNEY
'....
By:
BOND COUNSEL CONRACT EXTENSION
WHEREAS, the City of Denton, Texas and McCall, Parkhurst & Horton, L.L.P.
(''Finnj entered into that certain Bond Counsel Contract dated October 17, 2000 and
approved by Ordinance No. 2000-387 (the "Contract"); and
WHERBAS~ the parties desire to extend and ratify the Contract up to and through
September 30, 2006; Nowt therefore,
The parties hereby agree as follows:
1. The Contract is hereby extended and ratified retroactively from September 30,
2005 up to and through September 30, 2006.
2. All teJms and conditions of the Contract sba11 remain in :full force and effect up to
and through September 30, 2006.
Signed as of the _ day of
,. 2006
CITY OF DENTON~ TEXAS
~ By:
HOWARD MARTIN
INTBRIM ClTYMANAGBR
AlTEST: :
1ENNIFER WALTERS, CITY SECRBT~Y
By;
APPROVED AS TO LEGAL FORM:
BD~M~~ A'ITORNBY
By:
McCALL, PARKHURST & HORTON, LL.P~
Byj
S :\Our Documents\Ordinances\OO\Bond Counsel Ordinance.doc
r.......:. -l':- - --
ORDrnANCENO. ~-5~?
AN ORDrnANCE APPROVING A BOND COUNSEL CONTRACT BETWEEN THE CITY
OF DENTON AND MCCALL, PARKHURST & HORTON, L.L.P.; AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PRovrnrnG AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1: That the City Council hereby approves the Bond Counsel Contract,
attached hereto, between the City of Denton and McCall, Parkhurst & Horton, L..L.P~, to provide
all usual and necessary legal services as Bond Counsel in accordance with said agreement and
the Mayor is hereby authorized to execute the agreement on behalf of the City.
Section 2: That the City Council approves the expenditure of funds for said
agreement as authorized in the attached agreement.
Section 3:
and approval.
PASSED AND APPROVED this the 17~ day of OeYoh<<
That this ordinance shall become effective immediately upon its passage
, 2000.
~~cL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L.. PRQUTY, CITY ATTORNEY
BY:
s: \Our Documents\Contracts\OO\Bond Counsel Contract.doc
STATE OF TEXAS S
COUNTY OF DENTON 9
BOND COUNSEL CONTRACT
TIllS CONTRACT is made and entered into by and between the CitY of Denton, 215 E.
McKinney, Denton, Texas 76201 ("CITY"), acting herein by and through its governing body, and
McCall, Parkhurst & Horton, L.L~P ~ ("FIRM")~
I. EMPLOYMENT OF FIRM
CITY agrees to employ and does hereby employ FIRM to perform the duties of Bond
rounsel as described in Exhibit "A" attached hereto and incorporated herein as if set forth at length,
for the fees set forth in Exhibit "A". Provided, however, nothing herein shall require the CITY to
pay for services which are not performed in compliance with the terms and conditions of this
contract9
II. TERM
The term. of this Contract shall begin on the date this Contract is executed and extend to
September 30, 2005. CITY or FIRM may sooner terminate this Contract by giving (30) thirty days
written notice of said termination to the other party. In the event of termination by the CITY, the
CITY shall pay FIRM. for any services which it has performed up to the date of delivery of the
written notice to FIRM in accordance with the terms and conditions of this contract. Upon receipt
of the notice of termination, FIRM shall cease all setvices hereunder.
ID. NOTICE
Any notice or other written instrument required or pennitted to be delivered pursuant to the
terms of this Contract shall be deemed to have been delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, addressed to CITY or FIRM, as the case may be, at the following addresses:
CITY
EIRM
City of Denton
A TTN: City Manager
215 E. McKinney
Denton, TX 76201
McCall, Parkhurst & Horton L..L.P ~
717 North Hanvood, 9th Floor
Dallas, TX 75201-6587
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested~
IV. VENUE
The terms, obligations and requirements of this Contract shall be construed in accordance
with the laws of the State of Texas. The obligations and requirements of the parties hereto are
performable in Denton County, Texas. Any litigation involving this Contract shall be tried in a
court of competent jurisdiction sitting in Denton, County, Texas~
~ACCEPTANCEOFEMWLOYMENT
In consideration of the terms, covenants and mutual agreements hereinabove stated, FIRM
hereby accepts the employment of CITY and undertakes the performance of this Contract as above
stated~
VI. AMEND:MENT OF CONTRACT
Any amendments to this Contract shall be in writing, signed by both parties.
Vll. ASSIGNMENT
It is understood and agreed that this is a professional services contract and CITY is
contracting for the unique services afFIRM. FIRM'S rights and responsibilities under this Contract
may not be assigned by FIRM to another law firm without prior written approval of the assignment
by City~
VIlla INDEPENDENT CONTRACTOR
The FIRM shall perform all services as an independent contractor not under the direct
supervision and control of the CITY. Nothing herein shall be construed as creating a relationship
of employer and employee between the parties. Nothing herein creates any rights or remedies for
persons who are not parties to this contract.
IX. PROFESSIONAL LIABILITY INSURANCE
During the term of this Contract, FIRM shall maintain in full force and effect a professional
liability policy with an insurance company licensed to do business in the state of Texas in an
amount not less than one million dollars ($1,000,000.00). Said professional liability insurance shall
provide coverage for any and all claims, actions, suits or proceedings of any kind brought by a third
party which results directly or indirectly from errors or omissions ofFIRM~
x. COMPLIANCE WITH LAWS
Finn shall comply with all federal, state and local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hereinafter be amended,
including without limitation, the Texas Disciplinary Rules of Professional Conduct.
XI. PERSONNEL
Finn represents that it has or will secure at their own expense all personnel required to
perform all services required pursuant to this contract. All services required hereunder will be
performed by FIRM or under its supervision. All personnel engaged in the performance of services
pursuant to this contract.shall be qualified and shall be authorized by law to perform such services.
XII. CAPTIONS
The captions appearing at the first of each numbered section are inserted and included solely
for convenience and shall never be considered or given any effect in construing this contract.
This Contract is executed on behalf of CITY by the presiding officer of its governing body
who is authorized to execute this instrument by order heretofore passed and duly recorded in its
minutes and by a partner of FIRM who, by execution of this Contract, represents and warrants that
JIe or she has the authority to execute this document on behalf ofFIRM~
WITNESS the signature of all parties hereto in duplicate originals this the I25Jb.. day of
a.~ , 2000, Denton County, Texas.
CITY OF DENTON, TEXAS
~~~
EULINE.BROCK,.MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
McCALL, PARKHURST & HORTON, L~L.P~
BY: ~.
k. G. t a/~~~ 7fL
LAW OFFICES
M<;CALL, PARKHURST & HORTON L.L,P,
600 CONGRESS AVENUE
7J7 NORTH HARWOOD
700 N. ST. MARY'S STREET
1250 ONE AMERICAN CENTER
NINTH FLOOR
- 1225 ONE RIVERWALK PLACE
AUSTIN. TEXAS 7870t-3248
DALLAS. TEXAS 7520l~65B7
SAN ANTONIO, TEXAS 78205-3503
. TEL.EPHO N e:: 5t2 478.3805
TE.L.EPHONE; 214 754-9200
TE.LEPrtON E: 210 225-2800
FACSIMlL.E:: 5l2472-0871
F ACS~M IL E: 2 f4 75409.2 50
F ACSIM lL.E: 210 225-2964
September 25, 2000
Mayor and Members of the City Council
City of Denton
215 E. McKinney Street
Dento~ Texas 76201
Re: Engagement as Bond Counsel
Dear Mayor and Members of the City Council:
This letter is submitted to state OUf fees and describe the legal services of McCall, Parkhurst & Horton
L~L.P. in perfonning the duties of Bond Counsel for the City with reference to the. issuanCe of the City~s bonds
and other debt obligations (the "BondsU).
Generally) we will perform all usual and necessary legal services as Bond Counsel in cOlUlection with
the. authorizatio~ issuance, and delivery of the Bonds. Specifically, we will p.repare and direct the legal
proceedings and perform the. other necessary legal services with -reference to the authorization, issuance, and
delivery of the Bonds, including the following:
1. Prepare all resolutions, ordinances, and other instruments pursuant to which the
Bonds will be authorized, issued, delivered and secured,. .including - election
proceedings, if necessary, in cooperation and upon consultation with -the City
Council, their consultants, and other legal and financial advisors and consultants of
the City.
2. Attend meetings of the City Council with reference to the authorization and issu~ce
of the Bonds to the extent required or requested.
3. . - Cooperate with the City Council and all other interested parties in the sale of the
Bonds to the purchasers.
4. Submit the Bond transcript to the Public Finance Division of the. Attomey General's
office and obtain all necessary approvals~
5. ' Supervise the execution of the Bon:!~d the delivery thereof to. the purchasers.
6. When so delivered, give our approving opinion covering the validity of the Bonds :and
the exemption of interest thereon from federal income taxes, it being understood that
the approving opinion will be fully acceptable nationally in regular commercial
investment banking bond marketing channels~
The fee covering the legal services of this finn, as Bond Counsel, for the issuance of the Bonds, in one
or more installments, is as follows:
$5,QOO for the first million dollars of Bonds;
$1.00 per $1,000 of Bonds thereafter.
Also, we would expect to be reimbursed for our actual out-<<?f-pocket expenses reasonably and
necessarily incurred in connection with the authorization, issuance, and delivery of such Bonds i.e. travel,
photocopies, courier, Fonn 8038G filing and the Attorney General's filing fee~
Our fees and expenses will be payable within 30 days after the delivery of and payment for such
Bonds~ but our fees are wholly contingent upon actual delivery of such Bonds.
The foregoing legal services as Bond Counsel do not include any direct responsibility for any kind of
& litigation. However, if during the issuance ofBorids any litigation should develop regarding the issuance of
- the Bonds or the provisions made for their payment or security, we will consult, advise, and cooperate with the
City and its attorneys concerning any such litigation. Our fees for such services would be based upon the
customary hourly billing rates of the attorneys providing such additional services.
The firm will undertake upon the request of the City such services as may be necessary to assist the
City in satisfying the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and
Exchange Conunission or any necessary disclosure obligations of the City" in connection with the issuance of
Bonds. Our fees for such services would be based upon the customary hourly billing rates of the attorneys
providing such services. Such rates are $250 per hour for partners and $150 per hour for associates. Should
it be necessary for the fum to render a written opinion with respect to such matters, such fee for legal services
provided in connection with the delivery of the opinion will be set at an amount agreed upon by us and the City.
OUf services as Bond Counsel do not include any responsibility for investigating the financial condition
and affairs of the City. Our approving legal opinion as Bond Counsel will contain a paragraph substantially
to the effect that we have acted as Bond Counsel for the City for the sole purpose of rendering an opinion with
respect to the legality .and validity of the Bonds underthe Constitution and laws of the State of Texas, and with
respect to the exemption of the interest on the Bonds from federal income taxes, and for no other reason or
purpose. The paragraph will also disclose that we have not been requested to investigate or verify, and have
not investigated or verified, any records, da~ or other material relating to the fmancial condition or capabilities
of the City, and have not assumed any responsibility with respect thereto.
Respectfully submitte<L
McCALL, PARKHURST & HORTON L~L.P.
2
ACCEPTED THIS THE J:1!iJJAY OF OeVe&r .2000.
CITY OF DENTON, TEXAS
By
~. /?w;.JL
Mayor.
3
....: _. - _ I ~ "..' L __
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
Planning and Development
Howard Martin, 349-8232 ..
ICM:
SUBJECT
Hold a public hearing and consider adopting an ordinance amending portions of Subchapter 13
and 23 of the Denton Development Code pertaining to parking in the rear or to the sides of
buildings; providing for a penalty clause with a maximum amount of $2,000.00 for violations
therefore; and providing an effective date. The Planning and Zoning Commission recommends
approval (6-0). (DCA06-0008),
BACKGROUND
On September 6, 2006, the Council finalized its prioritization of possible amendments to the
Denton Development Code. Parking in front of buildings was identified as a high priority
amendment. After staff analysis of the Alternative Development Plans (ADP's) approved to date,
it became clear that parking requirements relative to the front and sides of buildings needed to be
reconsidered. Work Sessions with City Council and the Planning and Zoning Commission have
been held to discuss proposed Development Code amendments pertaining to requirements to
park on the side or rear of buildings.
Parking Between the Building and the Street
The Development Code provisions concerning parking being required behind buildings responds
to the Denton Plan (see page 69 in the Urban Design sections, page 86 concerning Arterials).
The parking in the rear or side requirement was put in place in order to create a streetscape and
an environment along the street that is pedestrian friendly. Currently, new non-single family
development throughout Denton is subject to the requirement to park behind buildings. Since
almost every major non-residential project developed since 2002 has received or requested an
ADP to allow parking in front of the building, staff has researched and proposed alternative
standards, which will allow, in certain specified cases, parking to be in front of buildings.
Different areas in the city serve different purposes, so district oriented strategies are appropriate.
Parcels along arterials, within nonresidential zoning districts and not in a pedestrian oriented
district parking in front of buildings should be permitted. Attachment 1 illustrates where parking
in front of buildings should be permitted. Attachment 3 is the draft code amendments pertaining
to standards to park in front of buildings.
Conversely there should be zoning districts and transportation corridors in which parking in the
rear or side should continue. Parking on the rear or in the side of buildings should continue to be
required in pedestrian oriented districts and along certain transportation corridors and entry
corridors. A pedestrian oriented district is defined as all property within a Neighborhood
Residential zoning district and the Central Business District. Attachment 2 illustrates corridors
where parking in the rear or on the side should be continued. Attachment 4 illustrates the City's
Central Business District where parking on the side or in the rear should continue.
The current applicability of the requirement for parking to be behind buildings or on one or both
sides is as follows for multi-family: RC, NRMU-12, NRMU, DR-2, DC-N, DC-G, CM-G, CM-
E, RCR-l, RCR-2, RCC-N, RCC-D. The current applicability of the requirement for parking to
be behind buildings or on one or both sides is as follows for all non-residential and mixed use
buildings: All districts except RD-5, NR-l through NR-6.
PRIOR ACTION/REVIEW
July 12,2006 - Planning and Zoning Commission Public Hearing
April 26, 2006 - Planning and Zoning Commission Work Session
March 22, 2006 - Planning and Zoning Commission Work Session
March 7, 2006 - City Council Work Session
January 17,2006 - City Council Work Session
OPTIONS
1. Adopt the amendments
2. Adopt the amendments with changes
3. Direct staff to take another direction
4. Table the item
ATTACHMENTS
1. Transportation Corridors and Zoning Districts Where Parking in Front of Building IS
Permitted
2. Transportation Corridors Where Parking in Front of Building is Prohibited
3. Draft Proposed Development Code Amendments
4. Central Business District
Respectfully submitted:
::::y.: 'i: :....:. . :. .. ...
:::: .:. ~..,. . .
Kelly Carpenter, AICP
Planning and Development Director
ATTACHMENT 1
TRANSPORTATION CORRIDORS AND ZONING DISTRICTS
WHERE PARKING IN FRONT OF BUILDING IS PERMITTED
LEGEND
DR-1 CM-G RCR-1 EC-C Freeway 0
DR-2 CM-E RCR-2 EC-I Primary Major Arterial
Feet
DC-N RCC-N IC-E Secondary Major Arterial 2,550 5,100 10,200
DC-G RCC-D IC-G City Limits
ATTACHMENT 2
TRANSPORTATION CORRIDORS WHERE
PARKING IN FRONT OF BUILDING IS PROHIBITED
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S:\Our Documents\Ordinances\06\DevCodeAmend-S ubuchapter 13.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTERS 13 AND 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO
PARKING IN THE REAR OR TO THE SIDES OF BUILDINGS; PROVIDING FOR A
PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code") and
WHEREAS, after providing notice and after conducting a public. hearing as required by
law, the Planning and Zoning Commission recommended approval of certain changes to
Subchapters 13 and 23 of the Denton Development Code to provide parking to the front and
sides of buildings; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Subchapters 35.13 and 35.23 are amended to reflect the following
changes; all provisions not changed herein to remain as written:
Section 35.13.13.4.A.8 is deleted in its entirety, and section 35.13.13.4.A.9 is hereby
renumbered as 35.13.13.4.A.8, to read as follows:
~8. These requirements may be waived by the Director if the building is not
accessed by pedestrians, such as warehouses and industrial buildings
without attached offices, automotive service uses such as gasoline sales
and automobile sales or the development is on an infill site~
New section 35.13.13.4.C. is added, to read as follows:
C. Parkina.
1 General Reauirement - Parkina in Rear. ParkinQ areas shall be located
behind buildinQs or on one or both sides. unless excepted from this requirement
bv 35.13.13.4.C~2.
a~ Unless Qranted bv an Alternative Development Plan (ADP), this Qeneral
requirement may not be excepted for parcels adioininQ the followina
corridors:
1 Fort Worth Drive (between Carroll Boulevard and EaQle Street)
2 Dallas Drive (between Teaslev Boulevard and Eaale Street)
3 Elm Street (between University Drive and EaQle Street)
4 Locust Street (between University Drive and Eaale Street)
2. Exceptions to General Rear Parkina Reauirement:
a. Except as prohibited by Section 35.13.13.4aC.1.a~ oarkinq is allowed in
front of buildinQs if a parcel complies with all of the following conditions:
1 It is not located within in a Pedestrian Oriented District.
2 It adioins either side of a Primary or Secondary Maior Arterial, as
defined in the Mobility Plan: and.
3 It meets the Qeneral requlations for parkinq in front of buildinQs, as set
forth in 35.13.13.4.C.3
b. Except as prohibited bv Section 35.13.13.4.C.1.a~ Infill parcels meetinQ
the requirements of Section 35.7.11.3 and the Qeneral reQulations for
parking in front of buildinQs set forth in 35.13.13.4.C.3 are exempted from
prohibitions aaainst parkina in front of buildinas.
3. General Reaulations Where Front Parking Allowed. In the event there
is a conflict between the requirements of this subsection and the qeneral
requirements of subchapters 13 or 14~ the more restrictive requirements shall
prevaiL
a. Site Desian Standards
1. Developments proposina fewer than 100 parkina spaces. These
are limited to two rows of parkina in front of buildinas.
S :\Our Documents\Ordinances\06\DevCodeAmend-S ubuchapter 13.doc
2. Developments proposing more than 100 spaces. These may
exceed two rows of oarkina in front provided that pad sites are
reserved for buildinas located alono any street frontaoe. At a
minimum, pad sites shall be located at corners where two streets
intersect and at both corners of the main drive into the development.
The main drive is the drive that receives the maioritv of vehicular
traffic. When required~ the TIA (Traffic Impact Analvsis) shall
determine the main drive.
a~ Corner pad sites shall be built UP to the front setback line: however.
buildinqs may be set back to allow for outdoor dininQ or a plaza with
a focal point that includes seatinQ, public art, and a water feature.
b. Pad sites not located on a corner shall not exceed two rows of
parkinQ in front of the buildinQ~
c~ Development proposals for parkino lots exceedina 100 spaces shall
be desianed with a clear hierarchy of circulation (See Figure
35.13.13 .4w C.2). The hierarchy shall consist of:
1. maior entry driveways without parkinQ spaces: then
2. maior circulation drives with little or no parkina: then
3. oarkinQ aisles for direct access to parking spaces.
3. All proposals shall connect offsite public sidewalks to building
entrances and provide pedestrian circulation within the site.
4. Development oroposals with two rows of parking in front of buildings
shall have a maximum front yard setback of 85 feet from the PUE
(Public Utility Easement)w If an easement does not exist~ the front yard
setback shall be measured from the street riQht-of-way~ The front yard
setback shall be provided as follows:
f) 5 feet landscape area in front of buildinq: this area may be paved
as a walkwav if pots or olanters are incorporated.
Fiqure 35.13.13.4.C.2
~_..
~ .'
. .~ . ..
.loading anctservi.ce area.
street
b. Landscape Standards. Applicable landscapinQ standards are defined at
Section 35.13.1 O.C.3.
c. Architectural Standards. BuildinQs shall be enhanced with added
architectural features beyond those minimum features required to reduce
the mass and scale of buildinQs. These features may include but are not
limited to cornices, cupola. eaves. sills, bay windows1 arcades. canopies.
awninas and other architectural elements.
Section 35.13.10.C.2.b. is amended to read as follows:
b. A minimum 10-foot wide landscape area planted with one large tree for
every 40 linear feet1 except alonQ areas where parkin" in front of buildings
is permitted.
Section 35.13.10.C.3 is created to read as follows:
3. Landscapina Standards Where Front Parkina Allowed. The followinq
landscapinQ standards shall apply, incorporatina the landscaoinq standards of
the Site Desiqn Criteria Manual (see Fiaure 35.13.1 O.C.3):
s: \Our Documents\Ordinances\06\DevCodeAmend-Subuchapter 13.doc
a. ParkinQ lots shall be separated from the street frontaae bv a 15' landscape
area to reduce visual impacts.
b. The 15 feet landscape area shall beain from the Public Utilities Easement
(PUE). If an easement does not exist the landscape area shall beain
from the street riaht-of-wav.
c~ A landscaoe berm with a maximum 1 to 4 side slope on both sides shall
be desiQned within the 15' landscape area to help screen the parkina lot.
d. Laroe trees shall be planted every 40 linear feet within the 15' landscape
area.
e. A minimum of 3 small accent trees clustered every 30 linear feet within the
15' landscape area may be substituted for the larQe tree requirement.
f. At least one or any combination of the followino shall be used to help
screen the parkina lot:
a) Xeriscape landscapinq shall be planted within the 15' landscape
area. Xeriscaoe landscaping shall require water irriqation for a
period of 3 years for landscapinQ to be established~ After 3 years
no water irrioation is required:
b) A minimum 3-foot hiQh continuous row of everQreen shrubs planted
within the 15' landscape area: or
c) A minimum 3-foot hiah continuous wall made of any combination of
wrouoht iron, masonrv~ stone or decorative concrete panels within
the 15' landscape area. If wrouQht iron is used, vines shall be
Qrown on the wrouaht iron to help screen the parkina lot.
g~ Parkina lots shall provide interior plantina islands between parkina
spaces at an averaqe of every 10 parkinQ spaces to avoid lona rows of
parked cars. The planting islands shall be a minimum of 153 square
feet and be protected bv a a-inch hiah curb on all sides and a 12-inch
wide concrete step-off area adiacent to parkina spaces~ A laroe tree
shall be planted within this plantinQ island.
FiQure 35.13.1 O.C.3
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Section 35.23.2 is amended as follows by adding or amending the following definitions:
Central Business District: The area described as such by the map contained
within Appendix B to the Site Design Criteria Manual.
Landscape Area: See uLandscapinqn
Pad Site: A plot of land reserved for buildinQs located alonQ any street frontage~
usuallv a division of a laraer development. Pad sites shall accommodate buildinQs
5~OOO square feet of aross floor area or more.
Pedestrian Oriented District: All property within a Neighborhood Residential
zoning district aA4 or Central Business District.
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000..00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite such invalidity.
SECTION 5.. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage..
PASSED AND APPROVED this the
day of
2006.
S:\Our Documents\Ordinances\06\DevCodeAmend-S ubuchapter 13.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY.A.U-i!RNEY
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AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
CM:
Planning and Development
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT - ADP06-0007: (New Office Building - Medical)
Hold a public hearing and consider the adoption of an ordinance approving an alternative
development plan for approximately 0.495 acres of land generally located on the North
side of Colorado Blvd. approximately 1,100 feet west of Mayhill Road to allow a medical
office building legally described as Lot 6R2, Block 1, of the Denton Regional Medical
Center Addition, in the City of Denton, Denton County, Texas; providing a penalty in the
maximum amount of $2,000.00 for violations thereof; declaring severability; and
establishing an effective date. (ADP06-0007) The Planning and Zoning Commission
recommends approval (6-0).
BACKGROUND
Applicant: Mark Martin, Architect
Denton, TX
The purpose of Alternative Development Plans is to provide a mechanism for those
developments that choose not 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 location
and number of parking spaces.
The Planning & Zoning Commission recommended approval of the request at the June
14,2006 meeting (6-0).
OPTIONS
1. Approve.
2. Approve with conditions.
3. Deny.
4. Table item.
STAFF RECOMMENDATION
Based on the following findings, staff recommends approval of the Alternative
Development Plan requested to deviate from the parking and street tree location
requirements:
1) The proposed additional landscaping and pedestrian feature ensure a quality
development that meets the intent of the regulations of the Development Code.
2) The proposed shared parking agreement offers adequate parking facilities for the
development.
3) The Alternative Development Plan and overall development is similar in
configuration and land use of other existing medical buildings in the immediate
area.
4) Existing infrastructure is adequate to accommodate the development.
PRIOR ACTION/REVIEW
The lot was platted in 1999 as Lot 6, Block 1 of the Denton Regional Medical Center
Addition. The lot was replatted in 2003 as Lot 6R2. The replat divided one lot of 40,000
square feet into two lots each consisting of approximately 20,000 square feet.
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. Shared Parking Agreement
9. P &Z Minutes
10. Ordinance
Prepared by:
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Lori Shelton
Planner II
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Alternative Development Plan Request
S 35.13.13.4.8. (Parking location requirements) states: "Parking areas shall be located
behind buildings or on one or both sides... ", The applicant is proposing to locate parking
in front of building as shown on the site plan. To promote better pedestrian activity, the
applicant is proposing to add one tree and a seating area along the sidewalk at the front of
the development.
S 35.14.4.B.5. (Parking spaces required for medical office uses) states: "one (1) space per
200 square feet of gross floor area" is required. The applicant is proposing to provide 26
parking spaces on the subject site. The proposed 7,444 square foot building requires 38
parking spaces. To mitigate the parking space shortage, the applicant will enter into a
shared parking agreement with the two neighboring office buildings to provide a total of
12 spaces.
Deviation and Mitigation Table
Required Provided
Percent Landscaped Area 15% 17%
Percent Canopy Coverage 30% 35%
Parking Spaces 38 38*
* 12 spaces provided on adjacent property through a shared parking agreement.
Existing Condition of Property
The property is undeveloped with existing drive.
Adiacent zoning and land uses.
North:
South:
Regional Center Commercial Neighborhood (RCC-N) Undeveloped
Regional Center Commercial Downtown (RCC-D) Denton Regional
Medical Center
Regional Center Commercial Neighborhood (RCC-N) medical office
Regional Center Commercial Neighborhood (RCC-N) medical office
East:
West:
3
Comprehensive Plan Analysis
The subject site is located within a "Regional Mixed Use Center" future land use area.
Regional Mixed Use Centers are intended to contain the shopping, services, recreation,
employment and institutional facilities supported by and serving an entire region. A
regional activity center could contain developments such as a regional shopping mall, big
box retail, superstores, restaurant and entertainment facilities, a high school or
community college, and high-density housing. The proposed medical office is an
appropriate land use for this area and supports the regional medical destination created by
Denton Regional Medical Center.
Development Code/Zoning Analysis
The proposed plan deviates from the location and number of impervious parking spaces
established by the Development Code.
Section 35.13.5 (Alternative Development Plan) states, "An applicant may propose an
Alternative Development Plan which meets or exceeds the design objectives of this
Subchapter but does not meet the standards of this Subchapter. The Alternative
Development Plan provides the option to address the design criteria through a flexible
discretionary. "
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.
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 the New Office Building - Medical will deviate
from the following Denton Development Code Subchapters:
S 35.13.13.4.8. (Parking location requirements) states: "Parking areas shall be located
behind buildings or on one or both sides... ", The applicant is proposing to locate parking
in front of building as shown on the site plan.
S 35.14.4.B.5. (Parking spaces required for medical office uses) states: "one (1) space per
200 square feet of gross floor area" is required. The applicant is proposing to provide 26
parking spaces on the subject site. The proposed 7,444 square foot building requires 38
parking spaces.
Mitigation measures:
To mitigate the parking in front of the building and promote better pedestrian activity, the
applicant is proposing to add one tree and a seating area along the sidewalk at the front of
the development. The additional tree will provide 35% tree canopy on the lot. Thirty
percent (30%) is required.
To mitigate the parking requirements, the applicant will enter into a shared parking
agreement to provide an additional 12 parking spaces offsite in addition to the 26 spaces
onsite.
5
ATTACHMENT 3
6
ATTACHMENT 4
Site Photographs
Subject Site looking north
across Colorado Blvd.
Adjacent property to the
east looking north across
Colorado Blvd.
7
Adjacent property to the
west looking north across
Colorado Blvd.
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Site Plan
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ATTACHMENT 6
Notification Map
Public Notification Date: June 4/ 2006
200/ Legal Notices* sent via Certified Mail: 6
500/ Courtesy Notices mailed: 12
Number of responses to 200/ Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
10
ATTACHMENT 7
Letter of Intent
MAR K M. MAR TIN
ARCHITECT
,&o~.ox lao..
DINTOI'I, nXAS 76202
1944Q 565.060
MIImh 6. 2006
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221 N. Elm
DeI1od, T.. 76201
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11
ATTACHMENT 8
Shared Parking Agreement
MARK M. MARTI N
ARCHIT,ECT
_~ 2006
RocDy~
Lori SblIIDn
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221 N~ Elm.
DeJdoa. T~ 16201
Rodney IDd l.ori
RO BOX 3001
DlNJOK, 1DAS 76202
"40) 565-0UD
AItII:bId U L." -. ,~w. ..,. .. pIItiq: IpCI8D3I tar 3321 Colorado Blvd. AI.
iIdacW iI tile IelaII pdiaa~ _... bel:. filed with the De-.. CouoIJ
Oftice. 1111 daIa tbr the J*kia8...... CGIDII ftam)'Gllt GWIlIllOlWdsIDll. baih.
drawiIp ... bIve pIOVided. Tbere Ire (2) _11m are iIl~ will p&rkiDa
........ Tbe fint is 3319 Colondo Blvd. nis site is IIso o..a '" Drw ChIm1e.7. tile
builder of.. preusa project. Fmm)'U recorda till buiIdiDs ..1Nil11a I'" IDd. his
... ofSm ..... feel This mbImItiaD .. .n- 10 - II)' Kmt...... 'Via )'am-
permD ~ UIirC dII J*kia8 JIll.... in pIIDe S~73135o-I6.... mquircd.
thin In 21...- aD this lilll ~ the 8ddi.... S IpICIII will be IIIlvMd. per tbe
...... pMkiq. ~ De odler ... is 3323 Colorado BJ\td. 1bwewu DO
iafOImItioD OIL ..lizooftbil1Nildila ill cilt.-lbIu arJOUl' permit --.. Per
~ PItIDoD'. ~ IIIavo JIfOYided ad. built cbniDat for" exiItiaa
~ The toIIlsiD is t,D47.... k .....11350-21 ~ nquiraL TbeIe_
5.5 exiItiDe pa1dq: tpIDII aD dO......,~ ThereIn dle 71p1D!1 tbIt .. - hoIImvIDg
fmm tbia JIIQPCItJ 11i111ePea 1haD mare 1ba. ~ ipICeL PIeue let me baw it
J'OU bavo Ill)' 0Ibcc tptdoM abGut 1bt bIJIdiaII orJ'1111da8 JPICOIIbowD . provide4
IDcIudDd:
Mma .......
As IHIill perimeter pllmfor 332.1 ColoIado Blvd.
A.eriaI.... for 331913323 CoIorIdo Blvd
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~... 3319 CoIDaIdo......,. -JJD c.lDIIIJDlIauInanL nt' a.kado
Ba*Y1IIl it. owaad" V..- bl r.iaIdp. 3323 CaItado 1011.,..1 iI
· o....s bJ DIIM Ltfl rw._~. .. wDl be 5....ua....l to llallillt -. >>1'
CoIamdo 1IoIIiva&d (Y..... L1IL ""~4p.) 1M 'WiD III 71J11D1111bad to be
... a.. '323.COJe.IO 1IMIInwd.~tal ~4} nu....lIhdlkof
..to Inl C..IbIIn.d. Jo.s.... -1'0"'" WIIIiDI ~,.. of
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" ~e JLlANITA GONZALEZ .
: M! CCMMIIIIOH..... .
· JANUQlY" 20117
13
ATTACHMENT 9
Planning & Zoning Meeting Minutes
Page 53 Page 55
1 COMMISSIONER SJ'R..o4.NGB: The nett item.on our I agn::emcnt off=rs adequale parking lacilirles fot the
2 Agenda is an Alb'nBtive Development Plan for a medical 2 proposed tkwe.lc.,ment.
3 office bu.ild.i:ng. The !Om c:onsists of .458 I1CreI on Ibc 3 The A1temalivc Development Plan and
4 north .'iidc of Colo:rado Boulevard approxfmaf.ely 11 J 00 feet 4 o\1tiIa.ll ~nt is :!Iiimilar in ccmfIgUnltion and !and
5 'WeSt of MayhiIl Road. Mrs. Sbe1too~ 5 use to ~ other Q.isting medical buildings in the
6 MS.. SIlEL TONi Y'e9, thank you. The: :subject 6 inunediatc aim. Existin8 Joftestructun: is adequate to
7 lite is b:.ated on the north .Bidf: or Colorado Bouleve:rd 7 accommodate 1b; development. Based on these finding9,
8 apprQXimmely 1,100 fwt we8t of MlybiU Rood .M 500wn 8 staff reoommmd~ epprovel of the Allemative ~m~t
9 00:re OD ~ location map. The aerial map sOOws 1be 9 PIElll~ An~ .again~ r d be happy to answer your que:stion&.
10 existing site and its prc:cimity to the Denton hgiooal 10 And w appJk:e.nt il also hem to answer any qnc:stioos.
II Merlica..l Centr. Note the treeg AIe iu. place as well as 11 COMMrS5IONER. S!kANGE: Dc ~ have any
12 1b:: ~tiog drive acrosM the &ont of ~ lot. ~ r S 12 questions of s1afr} Thank you, Mrs. Shelton. Is the
13 the: CORnOC'ing drive and - wea my line goes over tb: 13 applicam bae and do ~ wish m speak?
14 tR::CS dlcre, 14 MR MARTIN: Hi. My name is Mlttk ~
15 1b~ site P Ian shows the propclCd 1~ Rod I JUSI wanted to add a couple of thiDgS:.
16 configntation of the medica! office. The applicant is Hi COMM[mcNER STIU..NGB: could you ,give U1l
17 requesring tQ deviate from two rtlluiremaus: of lik: design 11 your a.dcht:ss as ~ pkase1
18 slijndards, the Ioce.t:iotl of 1ho parking sp!l.Cts und the 18 MR. MARTIN: ~ I ~m sorry. 1200 West
]9 number of parking IIpiICCiS. Tbc appHcam prClpOSleB to 19 Uni~crsity Drive here ill Dmton. IUd wanted to add a
20 provide twc rows of parking bawecn the 8tmet and the 20 couple of things to what Lori tclked a bout. The site p]BIl
21 building. Section Jj .13.] 3.4.8 requires parkins to be 21 design came about from the ~sting driveway that js
22 locRted behind or on me sides of builr.6ngs. 22 flue.. We ~ going to take parking off that erlsting
23 ~ appIicmt hai proposed. mitigating tbc:; 23 drive as ... aDd the lrWldiog kind of rcllects that
24 parking location with additional tree l::aoopy and a 24 location OS wen. Also~ I wanred to pojnt out 1m parking
25 pede:,trian sarting mal along th: lidc\.v.alk. The n:quirej 25 for that boiIding iJ - :since the building lo:a.tiOIl, it is
Page 54 Page 56
1 tree cao.opy is 30 ~C:Ql The additional ~ will 1 8 medical office. We had ~ parkiog out front, mainly
2 pmvid;: 35 percmt tr= canopy, The pBrldng configuratioD 2 for the: pBtient3 not to have; to walk around. the building
3 proposed is, ooosis:lent witb lhe sisting 'parking for the 3 to Sd to the fn:mt of ~ building to SO in. And, R1sc~ I
4 two ~al officcs on efth::r side of the subject :!irc. 4 just wanted to 6ay that - llbiuk 1bB majlXity of tbe ADt
S The liP1'licam proposes to pt'O'\I'ioo 26 parking S is on the buiklfog location. I think Lori enn comd me
IS 1,ptlDe::i OD the site. .38 spaCCI!: art; rcqu:imd. The proJlCrty 6 if I'm not mistakm~ 1 tbou8ht tbo parkins ~ kiod
7 0WDcr has mU'cd :into a j~ot :parkins ~nt which 1 of took: can:: of tb: otlx:r usues~
g wiD provide ] 2 additional spaa:s for 1be tolBl required 8 MS. SHHL TON: .Right.
9 of 38. 9 MR.. MAJI.'IDl: SO tile main thing ll::at ~. re
10 'This site phoco show1lbe !iubjcz::t ,Site It) here for mom: than a.oydili1g ie just the parking in front
11 looJdn@ nm1b from CoLomdo Boulevard.. And tlw:rc you can ]1 of th: buildins and cbatt S it.
]2 sre th:: eKisting trees. Th:i:l is tb; medical offir;:c to the 12 OOMMlSSlQNER STRANGE: AnY qnestions of the
13 wegt cf the subject g*:. Thii building basi tbt: same: 13 lIppUcam? Thank you very much..
14 owner as tbe subject site.. This j!; lhe medical of'l'k~ to 14 Mll. MARlIN: Thank: you..
JS the east of Ihe snbjxt site which hal two lOWS of parking ]5 COMMISS[ONBR S1RANGB: Tl:e only card I bad
16 betwcCD the building and the strtd. Both of the 2djaccc.t 15 on dl:is WRfJ. in iUppon by Dr. Chatoey and WBS m.arkaf ww1d
11 buildings were pcrmittai prior to the silo de&.igll 17 !ilpeak if:ocakd. So ~ mve no cB:rd$ in op~ and
18 stDrubmfs of 2000 - Qf 1b: 2002 ~ which probJ"bhed 18 with that, we wiD close the public hearing. DD we have .a
19 parking in front of th: buildiDgs. 19 motion on this: itcm.?
20 Th:: notification:map dlOWD bere - we ha\re 20 ~ WATEINS: MOve approval
21 rtteMxl DO .re&poo~es from. any of the ueiglilioring property 21 OOMMlSSlC'JNER HOC T: sooood.
22 OWDl;rS. Staff finds that tbe proposal additional 22 COMMISS[ONER SlJ.ANGB: we have a motion by
2J lzInds~aping and po;b1ri1lD feature ensure a quality 23 Mr. Watkins, I!OO Ie. ~nd by M.s. Holt. Any disClWZion?
24 development that m:ets tOO intent of tb: regu1atiOtlS of 24 Please, vote. V ote p~SC'I 6.0.
2S 1h: Dcvdopment Code. The proposed shared parking 25
Con dcn seIt 1M
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
Page 53 - Page 56
14
S :\OUT Documents\Ordinances\06\ADP06-0007 .doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY O~459 ACRES OF LAND GENERALLY
LOCATED ON THE NORTH SIDE OF COLORADO BLVD. APPROXWATELY 1,100
FEET WEST OF MA YHILL ROAD, TO ALLOW A MEDICAL OFFICE BUILDING,
LEGALLY DESCRIBED AS LOT 6R2, BLOCK 1, OF THE DENTON REGIONAL
MEDICAL CENTER ADDITION, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; DECLARING SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE~ (ADP06-0007)
WHEREAS, on March 20, 2006, Mark Martin has applied for an alternative development
plan (the "ADP") on approximately 0.459 acres of land particularly described as Lot 6R2, Block
1, of the Denton Regional Medical Center Addition (the "Property"), which ADP is on file in the
City's Planning Department, a copy being attached hereto as Exhibit "A" and incorporated
herein by reference, said Property being located in a Regional Centers Commercial
Neighborhood (RCC-N) zoning district; and
WHEREAS, on June 14,2006, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning~
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The ADP is hereby approved.
SECTION 3. If any provision of this 9rdinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,OOO~OO~ Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense~
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
S :\OUT Doc uments\Ordinances\06\ADPO 6-0007 .doc
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
BY:
APPROVED AS TO LE
EDWIN M. ~ CITY ATTO Y
/~
day of
, 2006.
PERRY R. McNEILL, MAYOR
S :\Our Documents\Ordinances\06\ADP06-0007.doc
EXHIBIT A
ALTERNATNE 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 the New Office Building - Medical will deviate from the
following Denton Development Code Subchapters:
9 35.13.13.4.8. (parking location requirements) states: "Parking areas shall be located behind
buildings or on one or both sides... ", The applicant is .proposing to locate parking in front of
building as shown on the site plan.
9 35.14~4.B.5. (parking spaces required for medical office uses) states: "one (1) space per 200
square feet of gross floor area" is required~ The applicant is proposing to provide 26 parking
spaces on the subject site. The proposed 7,444 square foot building requires 38 parking spaces~
To mitigate the parking space shortage, the applicant will enter into a shared parking agreement
with the two neighboring office buildings to provide a total of 38 spaces.
Mitigation measures:
To mitigate the parking in front of the building and promote better pedestrian activity, the
applicant is proposing to add one tree and a seating area along the sidewalk at the front of the
development.. The additional tree will provide a total of 35% tree canopy on the lot~ Thirty
percent (30%) is required. .
To mitigate the parking requirements, the applicant has entered into a shared parking agreement
to provide an additional 12 parking spaces offsite in addition to the 26 spaces onsite.
s: \Our Documents\Ordinances\06\ADP06-0007 .doc
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AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
CM:
Planning and Development
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT - S06-0003: (State Bank & Trust)
Hold a public hearing and consider the adoption of an ordinance regarding a Specific Use
Permit for a drive-through facility on approximately 0.618 acres of land, generally
located on the west side of Lillian Miller Parkway approximately 500 feet north of
Southridge Drive, located within a neighborhood residential mixed use (NRMU) zoning
district, and platted as Lot 4, block A Southridge Oaks Addition in the City of Denton,
Denton County, Texas; declaring severability; providing a penalty in the maximum
amount of $2,000.00 for violations thereof, and establishing an effective date. In The
Planning and Zoning Commission recommends approval (6-0). (S06-0003), State Bank &
Trust, Lori Shelton)
BACKGROUND
Applicant: Larry Reichhart
Grapevine, TX
The applicant is requesting a Specific Use Permit (SUP) for approximately 0.618 acres to
allow a drive-through facility as part of a proposed bank. The bank is an allowed use in a
NMRU zoning district, while the drive through requires a Specific Use Permit.
The Planning and Zoning Commission recommended approval of this Specific Use
Permit request (6-0) with the following conditions:
1. Provide additional screening in the 20' landscape buffer area.
2. Construct a decorative screening fence in the landscape island, adjacent to the drive
through, to provide additional screening from proposed drive through lighting.
3. Locate the ATM drive through to the middle lane.
4. Prior to obtaining a building permit a photometric study will be submitted for review
and approval to show conformance with code requirements of ~ foot candle at the
property line and the requirement shall be verified for compliance prior to issuance of a
Certificate of Occupancy.
Public notification information is provided in Attachment 3. As of this writing, staff has
received two responses in opposition and one response in support from property owners
within 200 feet of the subject site. Property owners in opposition represent 13% of the
land area within 200 feet of the subject site.
Two other SUP's for drive through facilities have been approved for the immediate area.
Northstar Bank was granted a sup for a drive through at the corner of Sundown Ranch
and Teasley Lane in November 2005. Dry Clean Super Center located on the east side of
Lillian Miller Parkway, approximately 170 feet north of Wind River Lane, was granted a
sup in July 2004 for a drive through facility.
PRIOR ACTION/REVIEW
This property was final platted as Lot 4, Block A of the Southridge Oaks subdivision in
March 1999.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. 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 is in compliance with the Approval Criteria in the Denton
Development Code for Specific Use Permits.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map)
4. Site Photographs
5. Building Elevations
6. Site Plan
7. Letters of Opposition
8. P &Z Meeting Minutes
9. Ordinance (with conditions)
10. Ordinance (without conditions)
Prepared by:
pl!.~
Lori Shelton
Planner II
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The applicant is requesting a Specific Use Permit for approximately 0.618 acres to allow
a drive-thru facility. The site is located in a Neighborhood Residential Mixed Use
(NRMU) zoning district. The subject property is generally located on the west side of
Lillian Miller Parkway approximately 500 feet north of Southridge Drive. A bank with a
drive-through is proposed.
Existing Condition of Property
The property is partially developed with parking area at the rear of the lot (see aerial
photo in Attachment 2). This lot is the last vacant lot in the Southridge Oaks subdivision.
Adiacent zoning and land uses.
North: Neighborhood Residential Mixed Use (NRMU) (developed office use)
South: Neighborhood Residential Mixed Use (NRMU) (developed office use)
East: Regional Center Residential-2 (RCR-2) (developed assisted living facility)
West: Neighborhood Residential-2 (NR-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;
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;
3
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 attached site plan (Attachment 6) was reviewed by the development review
committee for compliance with City of Denton regulations. The committee found the
proposed development to be in conformance with all required standards. The proposed
development will be compatible in scale, bulk and coverage with the existing commercial
development and provide adequate parking for bank customers. The drive through facility
will not impede the existing circulation within the commercial development. While some
noise will result from the drive through facility, the proposed building will serve as a
noise buffer between the residential neighborhood to the west and the constant traffic on
Lillian Miller Blvd.
Staff recommends approval of the request based on compliance with the above mentioned
Specific Use Permit Criteria.
4
ATTACHMENT 2
Maps
LOCATION AND ZONING MAP
5
NORTH
AERIAL MAP
6
ATTACHMENT 3
Public Notification
Newspaper Notification Date: May 14, 2006
Percent of land within 200' in opposition: 130k
200' Legal Notices* sent via Certified Mail: 9
500' Courtesy Notices* sent via 1st Class Mail: 46
. In Favor: 1
. Opposed: 2
. Neutral: 0
7
ATTACHMENT 4
Site Photographs
Subject Site looking due west across Lillian
Miller Parkway
Development to the south of the subject property. Looking
southwest across Lillian Miller Parkway
~
Looking northwest across Lillian Miller Parkway at northern
portion of subject site and development to the north.
9
ATTACHMENT 5
Building Elevations
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ATTACHMENT 6
Site Plan
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ATTACHMENT 7
Letters of Opposition
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NOTIce OF PUBLIC HEARING
SOMD03
lhe Denmn prlnnklQlIll1d Zoning Commlssion wllllold I public P1etrIng C1 w~. May 24, 20Q8.
II'Id oaneider ""kirV . nilCXImll'llndltion 10 CfIy Council CClIICIIm~ . Spec:ik VIe PorII* to alow a
dr:ivelhlwgh fIciII}Iln <<njunction WlIh "bIM. 'The property -il1DcIIId en .. W8lIIlIde of Ulriln MIller
P'IRway IWo iAilJaIely 500 feet ncwtI'I of Soutl'l'idge DrilIe 8nd Is zonod ~lighbClrllocd Resrdtnlial
MDDad u.. (NR~ (S06<<N:t9. __ BanI( & TrUll. Lori Shlll'lon)
Tile public halring will -- It 6:30 p.rn. n IhI City Colmcil a.mbM '" ClIV HIlI' IlaItd ill 215 E.
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NOTICE OF PUBLIC HEARING
S08-G003
n. DerIcn P1l1nning and 2cNig CCrnm.... wfII hold. _Ie tJ8Irfng on WIdn8edey. MI)' 24, 2008.
M'Id con....r m.... . '~aUon to atw CaUrldl cancemng 8 SpecifIc U$e p."... to ..OW' .
drN8 bough iKfty In ~n . . bank. The P'ftJP*IY .. .acettcI on rh8 .... aide 01 LIIen I\tIr<<
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Page 5 Page 7
1 COMMISSIONER STRANGE: our next item will be 1 200 feet of the site.
2 our public hearings. And for those of you who are new 2 Section 35.6.4 of the Denton Development
3 here1 if you wish to speak for any item on a public 3 Code provides a list of criteria for Specific Use Pennits.
4 hearing, YOll will need to have filled out one of the 4 These criteria are that the Specific Use will be
5 little yellow cards, outside and hand it in down front~ be 5 compatible with and not injurious to the use and enjoyment
6 sure and indicate on there the item that you wish to speak 6 of other property nor significantly diminish or impair
1 on, and whether you are in favor of or opposed to. So if 7 property values within the immediate vicinity. The bank
8 you wish to speak, please fill out a card and hand it in 8 use is compatible with other uses in the development. And
9 at the front; and then wetll call your name at the 9 the proposed building will be of similar construction as
10 appropriate time~ 10 the existing buildings.
11 Our first Public Hearing tonight is a 11 The second criteria, that the establishment
12 Specific Use Permit to allow drive-through facility in 12 of the Specific Use will not impede the normal and orderly
13 conjunction with a bank. The property is located on the 13 development and improvement of the surrounded vacant
14 west side of Lillian Miller Parkway approximately 500 feet 14 property. Lot 4, which is the subject site is one of the
15 north of Southridge Drive~ The .618 acre site is located 15 last lots in the development, and the proposed bank is
16 within a neighborhood residential mixed use zoning 16 consistent with the existing development. The third
17 district. Ms. Shelton. 17 criteria, that adequate utilities, acces s roads ~ drainage,
18 MS. SHELTON: Good evening. The subject 18 and other necessary supporting facilities, have been or
19 property is located on the west side of Lillian Miller 19 will be provided. All of the utilities and public
20 Parkway just north of Southridge Drive as shown here on 20 infrastructure are adequate for the proposed development.
21 the location map. This slide shows the surrounding 21 Nwnber 4 is the design~ location and
22 zoning. The subject property is in an NRMU zoning 22 arrangement of all driveways and parking spaces provides
23 district and is one of the last undeveloped parcels within 23 for the safe and convenient movement of vehicular and
24 the Southridge Oaks Development. There are professional 24 pedestrian traffic without adversely affecting the general
25 office uses to the north and south of the subject site. 25 public or adjacent developments ~
Page 6 Page 8
1 To the west is NR-2~ which is Southridge 1 The driveways and connectivity to the
2 Estates. And to the east is RCR-2 which is a regional 2 adjacent lots have already been developed. 'The proposed
3 center, residential, which is an assisted living facility 3 drive-through facility will not impede traffic to the
4 that's currently called the Sterling House, formerly the 4 adjacent developments. That adequate nuisance prevention
5 Merrill Gardens~ 5 measures have been or will be taken to prevent or control
6 The site plan shows the proposed 6 offensive odor J fumes~ dust, noise and vibration.
7 configuration of the bank and drive-through. Note, a 7 The anticipated noise, dust, and/or
8 20-foot buffer here along the back, one row of existing 8 vibration will occur during construction of the project.
9 parking, and a drive lane that is existing on the site. I 9 There is an existing vegetative buffer and fence, an
10 will show a close-up of an aerial photo a couple of slides 10 existing driveway and parking between the residential uses
11 later which better shows the existing pavement 11 to the west and the drive.through -. pardon me, the
12 The next slide is the front elevation which 12 proposed drive-through, to help minimize noise generated
13 will face Lillian Miller. The southern elevation here 13 from the drive-through.
14 which will front the existing drive which will be to the 14 Additionally, the building structure itself
15 south of the subject site. This photo was taken from 15 will offer some buffer from the existing traffic noise
16 across Lillian Miller and shows the neighbors to the west 16 between Lillian Miller and the existing single-family
17 and the existing trees which will remain on the site. 17 development to the west.
18 This is the aerial showing the current 18 The sixth criteria is that directional
19 pavement on the site. Along the back adjacent to the 19 lighting will be provided so as not to disturb or
20 residential is a row of parking and existing drive which 20 adversely affect neighboring properties. The A TM and
21 connects the development, the businesses north and south. 21 drive-through lanes will be lighted as required by federal
22 This notification map shows two property 22 regulations. However, the develop men t will meet the
23 owners within 200 feet of the subject site in opposition 23 Development Code standards of no more that one-half foot
24 of the proposed drive-through. This represents 13 percent 24 candle at the property line. And the final criteria that
25 of the land area within 300 feet of the site, pardon me, 25 there is sufficient landscaping and screening to ensure
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
Page 5 - Page 8
CondenseIt 1M
Page 9 Page 11
1 harmony and compatibility with the adjacent property. 1 lobby, 9:00 8.m. to 6:00 a.ID -- 6:00 p.m.~ excuse met on
2 The 20 -foot buffer at the rear of the lot 2 Friday and not open on Saturday, the lobby. And then the
3 will be maintained. In addition, all of the existing Post 3 drive-through is 8:00 to 6:00 Monday through Friday. And
4 Oaks within the buffer will be preserved and two 4 9: 00 a.m. to 12 :00 noon on Saturdays.
5 additional trees will be planted to provide additional 5 And again, our after hours A TM
6 screening. Based on the criteria listed here, staff 6 transactions, and, again, this was the same Midway Branch
7 reconunends approval of the request for a Specific Use 7 and the number of average trips that we have in -- tlrrough
8 Permit to allow a drive-through facility. Ird be happy to 8 the windows or the A TM itself and the windows~ and you can
9 answer any of your questions and the applicant is here 9 see again, it's very minimal trips that really actually
10 this evening, of course, to answer additional questions. 10 use the drive-through. With banks nowadays the
11 COMMISSIONER STRANGE: Any questions of 11 drive~through is a necessity for the customers.
12 staff? Thank you, Ms. Shelton. 12 There are a few customers that use it but
13 We will now open the Public Hearing. Is 13 as more and more folks bank through the internet and such
14 the applicant here and do they wish to speak? 14 like that the amount of usage is minimaL Here's a site;
15 MR. REICHHA.RT~ Thank you, Chair, 15 a photo looking down from that driveway there. This is
16 Commission. My name is Larry Reichhart with Springbrook 16 where -- right here is where an A TM would be. And you can
17 Planning Group, 2405 Mustang Drive in Grapevine:, Texas. 17 see the distance to the existing fence. There r s an
18 And we are here tonight to look at the Specific Use Permit 18 existing eight-foot fence and you can see the existing
19 for the proposed drive-through. We know where the 19 vegetation along the back, so that is the physical
20 location is. I won f t go over that again. Here's a little 20 distance that the A TM and then we'd have the next two
21 bit more of a panoramic shot of the vacant lot. The car 21 drive-through lanes adjacent to that. And then, again,
22 that's sitting there is my car and that is where the -- 22 that's 72 feet.
23 where you would be parked for the A TM just to give you 23 Here's a little bit closer up. Heret s one
24 some perspective~ 24 of the areas that we are going to be planting an
25 Our site plan -- our site features or the 25 additional tree to fill in that little void right there.
Page 1 0 Page ] 2
1 uses make it clear that what is being proposed is a 1 The building elevations are ahnost, you know~ very similar
2 commercial bank. It's not a retail bank. It has a little 2 to what's out there already, same building material~ same
3 bit less traffic and obviously for a neighbor it has 3 style, roof pitch, everything. If s materials and style
4 banker hours. You know~ 5:00, basically, we're -- we're 4 is going to be identical to what is out there.
S done. 5 And, again, the criteria for approval, I've
6 There is this 20-foot existing landscape ...- 6 summarized -- we believe that we are compatible with the
7 excuse me, buffer, that is currently there. We are adding 7 surrounding properties and we're not going to be injurious
8 two trees in here~ Therer s an easement along the property 8 to any of the adjacent properties, obviously, werre not
9 line here so we can't add any trees there. As a matter of 9 impeding the normal development of growth. We have
10 fact, the one on the back property line we are going to be 10 adequate infrastructure. It was already in place when the
11 creating two parking islands in there and adding 11 property was planted back in 1999. It is a safe site
12 additional vegetation in those, also, to break up that 12 design for providing~ you know, the pedestrian crosswalks
13 long row of parking along the back. 13 and such. The adequate nuisance prevention we don't know J
14 Excuse me -- the A TM machine is physically 14 you know ~ what nuisance we're creating, but~ you know,
15 79 feet from the rear property line. A car when you're 15 with the existing fencing and landscaping, it will
16 parked there is 72 feet from the rear property line. We 16 minimize some of the sound, the directional lighting and
17 have shielded lighting as required. We have minimum A TM 17 sufficient landscaping and screening.
18 usage. It averages 1.2 trips per hour between the hours 18 And, again, you know, the one thing I'd
19 of 3:00 and 10:00 and .1 trip per hour from 10:00 to 7:00. 19 like to point out are some of the other recent sUP's that
20 And that was conducted at an existing sister bank, Midway 20 have been approved for drive-throughrs. I think the one
21 Branch in Carrollton. And that was a three-week period 21 that's most critical or stands out to me more is the
22 that we pulled all of the transactions from the A TM to 22 existing laundromat just down the street, the drycleaners
23 review those to just see how much usage would be back 23 that had the drive-through. And that drive-through is --
24 there. And as you can tell it's minimal. 24 the car would be approximately 12 foot from the rear of
25 Hours of operation is 9 :00 to 3 :00 in the 25 those property lines. We have a ten ...foot landscape buffer
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
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1 and then your drive aisle and then the building. 1 Specific Use was Professional Office Use only. limits on
2 So -- and all that we had really in there 2 business hours to daylight only and no in and out business
3 was an eight-foot fence and I think our added distance, I 3 activity .
4 do know the folks in back of us are opposed. But we think 4 That was a Specific Use that was approved
5 the distance, the landscaping and the design and the 5 several years ago. That is going to be completely changed
6 minimal usage, it really won rt be a burden on any of the 6 now if you do this. This is a residential neighborhood.
7 neighbors and we are requesting approval of the sUP. I'd 7 It's very quiet, a very special place. We all enjoy
8 be happy to answer any questions that you have. 8 living there very much. If you walk out my back door
9 COMMIssrONER STRANGE: Any questions of the 9 after this facility is built, you will see that over my
10 applicant? Thank you, Mr. Reichhart. 10 fence it will be dominated by a drive-up facility.
11 MR. REICHHART: Thank you. 11 My property value will be damaged. My
12 COMMISSIONER STRANGE: We did have one card 12 enjoyment out of my property will be damaged. Our whole
13 in support of the Agenda item, which is Mr. Reicbhart. and 13 neighborhood will change. It will no longer be a
14 he's had his opportunity to speak. We do have cards in 14 residential neighborhoodA It r s going to be a 24- hour
15 opposition. And when I call your name, if you would, 15 neighborhood.
16 please come down, and I'm going to call two names, one 16 I have dogs in my back yard, which are
17 will come to the podium, and the other one can please come 17 going to backup to the drive-up window. I'm not going to
18 sit in the front seat here~ so we can move along. First 18 be a very good neighbor at that point whenever a car pulls
19 to speak will be Jack Swanson followed by James Puffer ~ 19 up at 3 :00 a .m~ in the morning and they start barking.
20 MR. SWANSON: Thank you. My name is Jack 20 And the potential is all night long. So I would urge you
21 Swanson. I live at 2308 Holly Hill, which is one of the 21 on behalf of our neighbors I have talked to and I would
22 three property residents that are within the 200 foot 22 propose that everyone who spoke here tonight would not
23 buffer zone. City staff pointed out that only 13 percent 23 want a drive-up window in their back yard; and we don't
24 of the people in that 200 foot zone protested~ but the 24 want one there either. Thank you.
25 rest of them -- there's three houses in that zone. Two of 25 COMMISSIONER STRANGE~ Next to speak is Mr.
Page 14 Page 16
1 the three houses are protesting that. The others are 1 Puffer followed by Hartwell Gilliard.
2 businesses. Tbeytre gone at 5:00 orclock. We live there 2 MR. PUFFER; I'm James Puffer. I live up
3 24 hours a day. So it's a little misleading to say that 3 on the corner at 2276 Holly Hill. And I gues s one of the
4 13 percent protested because of the people who actually 4 things that surprised me a little bit is since we agreed
5 live there, 66 percent of us are protesting the building 5 what the terms and conditions were for this office complex
6 of the bank. 6 several years ago and we specifically agreed that there
7 The bank building we don't have a problem 7 would be no in/out business activity and several other
8 with. When we moved there~ we knew businesses were behind 8 things that I won ft go into. It's public record what the
9 our homes. The businesses are done by 5:00 o'clock. Our 9 agreement was.
10 back yards are quieter probably than yours are because 10 But it seems like now we're trying to go
11 there's no one back there. We have no neighbors behind 11 back and revisit what we did previously. And,
12 us. Obviously, if they build the drive-up windows, we're 12 furthennore, werre going back and looking at it with this
13 going to have noise pollution. You're going to have air 13 200/500 type impact boundary. Now, when we evaluated the
14 pollution. You're going to have light pollution which \Ve 14 whole complex, that was a pretty large boundary ~ 200 and
15 don't have now. We can go into our back yards in the 15 500 feet around the whole complex~ You could add another
16 evenings and enjoy a nice quiet evening. We can turn the 16 500 feet to what you have now. We use that to go decide
17 lights out and look at the stars. 17 what we were going to do or what we were going to allow or
18 The 24-hour drive-up window regardless of 18 agreed to mutually between the City, the developer and the
19 the statistics they give you from Carrollton, they're 19 neighborhood folks as to a business application in that
20 going to be used, which means I'm going to have traffic 20 area .
21 behind my home 24 hours a day. They also have a drive-up 21 And now we've necked down to what I call a
22 window 24 hours a day. It's lit 24 hours a day. I will 22 sub-site that exists within that office complex.. So werve
23 no longer be able to go into my back yard and enjoy a 23 slmInk the 200/500 boundary to where Mr. Swenson or
24 nice, quiet evening. \Vhen this was first -- these 24 Swanson, I may be saying the name wrong, is just about the
25 businesses were fIrst allowed to be built here, it was -- 25 only one thatrs within the 200~foot range, whereas,
CondenseIt 1M
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1 previously I was in the 200-foot range and so were a lot 1 coming through there. So, again, theret s no need for the
2 of other folks. 2 bank. I don't see any need of additional traffic.
3 So I guess 1'm concerned that by doing this 3 I also live behind the Westwood -- rm
4 we're going to add to the disaster on Lillian Miller with 4 sorry, West\vood -- the Wild WoDd Inn. It was approved, as
5 more traffic. I know they're saying that their trip 5 you read in the paper, itts recently changed hands. So
6 generation is low and all of that. But even with maximum 6 now we have a loud speaker outside. I can sit in my chair
7 discounts, it's going to make a bad sirnation Worse. And 7 and read the paper. I have to put up with the D.J. Have
8 so I would encourage you to take a long, hard look at 8 to put up with thumping base. The new owners are talking
9 this. I guess the thing I would most like to see is that 9 about they want to put in cottages. That was never part
10 since vve sort of have a contract between the City, the 10 of the package. And this is what happens when we start
11 developer and the neighborhood folks, we really ought to 11 messing with the zoning when it went up. So I don't see
12 see if we're doing the right thing with this shrinking 12 any need to do it. I don't think there's any economic
13 down the 200/500 foot region. 13 need and I urge you to not approve it. Thank you.
14 I think a lot of people have some thoughts 14 COMMISSIONER STRANGE~ Mr. Lipscomb.
15 on this. They thought we had something, a good faith 15 MR. LIPSCOMB: GOOd evening. I live in
16 agreement with the City and the developer. And this site 16 Southridge. The address I put on there is 2446 Lillian
17 is included in that. And r d like to see us maybe take a 17 Miller. That is actually my building. I am within the
18 fresh look at trying to include those people that are 18 500 feet. My dental office is within 500 feet of that
19 being left out. Wet ro probably excluding maybe 60 percent 19 plat there. And my concern is that I am pro-business, or
20 of the folks that were included last time in this decision 20 I wouldn't be there myself and I like that area. But I'm
21 process. Thank you. 21 concerned with the traffic flow that's going to be coming
22 COMMISSIONER STRANGE: Thank you for your 22 through there. It's congested as it is and all of the
23 comments. Mr. Guilliard followed by Scott Lipscomb. 23 buildings aren' 1 filled.
24 MR. GUlLLIARD: rm Hartwell Guilliard, 24 A drive-through bank building is not really
25 1600 L ynhurst Lane~ just down the street from the 25 compatible with all of the other businesses along there.
Page 18 Page 20
1 location. And I urge you to vote against it for the 1 There's financial advisors, a few dentists, a spa down the
2 following reasons, and one's already been discussed. Mr. 2 end. It's just a different type of bus iness going in
3 Irvin in 1999 stood before the Council, Planning and 3 there. So it. s not really compatible with the other ones.
4 Zoning, neighborhood said it would be a professional 4 It would be nice to have a bank around, but a
5 office building, Monday through Friday 8 :00 to 5 :00. And 5 drive.through is not really what's compatible with the
6 that's the way it was going to be. So I think we should 6 traffic flow through there. I saw their numbers on the
7 continue to do that. And that's what the original deal 7 low traffic that will be going through there, but I have a
8 was. By my calculation, within a mile radius of this 8 hard time figuring out why theyfd have like 1.7 or 1.2
9 location, we' ve got at least six drive~in banks. We've 9 drive-by's per hour and they need three lanes to do that.
10 got four walk-in banks with the supermarkets. And I 10 Something doesn't compute there.
11 really don't have any idea on how many ATM"S because every 11 So Irm just against the drive-through part
12 business has one anymore. So 1 don't really think there's 12 of it The 24-hour A TM is understandably objectionable to
13 an economic need for the bank. 13 the people behind it. And I wouldn't want to see that
14 As also mentioned the ATM~ there are people 14 there. But my main concern is the traffic through there
15 who like to seem 10 prey on A TM machines so it attracts 15 and my patients come through there. They're trying to see
16 that element to the neighborhood. In the event the 16 what is where and trying to find -. just trying to find
17 machine's not available, then the houses are available. so 17 the office and trying to get through all of that traffic
18 I don t t know that we need to be putting up with that when 18 is not good for the business. 1'm also concerned with the
19 this was a neighborhood association to begin with. 19 traffic going through. rm responsible for the concrete
20 One other thing; if you've been through 20 out there, and we have an increased traffic flow on there,
21 there during the rush hour in the moming~ afternoon, the 21 it's more wear and tear on my concrete out there, so I
22 traffic is absolutely horrible. We protested that when 22 have a couple of different reasons for not wanting it
23 they put in the light for the development Again, we have 23 there, but thatts -- those are them. Thank you.
24 to come out of Albertsons so now it can take you four or 24 COMMISSIONER STRA.NGE: Thank you. That's
25 five minutes. So now all we need is some more traffic 25 all of the cards that we had for this item. Were there
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other people here who did not fill out a card who wish to 1
speak? Okay. Does the applicant wish to bave rebuttal 2
statements? 3
MR. REICHHART: Thank you. Just a few 4
notes as I was going through. Yau know, prior to the City 5
being rezoned~ this property was a PD~ a planned 6
development. And I looked over the PO ordinance. And I 7
don't recall seeing a restriction that would limit in/out 8
type of uses or something like that. I do believe a bank 9
would have been a permitted use and it would have needed a 10
site pian approval as opposed to an sUP now for the 11
drive-through. And, you know, the statement that 12
businesses are done by 5:00, if you go up there, the spa 13
itself, I was amazed -- I was up there at 7 :00 o' clock at 14
night when we had our neighborhood meeting and the amount 15
of traffic that was coming in and out just for that spa 16
was unbelievable. 1 7
And then at the other end you have the 18
realtor, and the amount of traffic there at nigh~ with 19
folks coming in and I don f t know if they're; you know J 20
getting their mortgages set up or looking at house ~... you 21
know, getting ready to go out and look at houses or 22
whatever, but the amount of traffic down at that end of 23
that development -- I mean, there is after 5:00 activity 24
out there right now. And besides the ATMj we have no, you 25
Page 22
know, we bave minimal activity. You know, the different 1
types of businesses -- I think a good mix of businesses is 2
good. If you had all dentists, then everybody would be 3
trying to flock to that site at the same time. 4
By having different types of businesses, 5
and especially being a commercial bank; that there isn't 6
that many conunercial banks in this City. There may be a 7
lot of different banks but there are very few, and I'm not 8
sure how many, but very few commercial banks. And there 9
is a big difference. 10
And, again, that 200/500 foot notification 11
requirement. Again; that was to rezone that entire 12
property and it was before the property was pia tted. You 13
know, this is a separate lot now. And State law is very 14
specific on what we do for notification. I need to point 15
out now that the City -- now, that the site bas been 16
rezoned, we could put a small restaurant in there without 1 7
an sup, just build it. So there are other uses that would 18
create additional traffic flow out there. 19
Yau know, and, again, the economic need for a bank, it. s 20
the competition. There is -- obviously, these folks feel 21
there is a need for this bank and feel they can flourish 22
in this area, and provide another alternative for business 23
loans. 24
The one question was, you know, why do we 25
Page 23
need three lanes for the drive-through, and, again, those
numbers that I was showing you because it was the after
hour numbers that I thought the concern was was the ATM.
Our peak average is 18 trips in one hour, okay; so that's
why we have the two lanes. But, again, that t s done by
6 :00 o'clock. And I know in the backup I provided some
data on our stacking.
And, you know, between 3:00 and 4:00~ we
average 10 trips. Bet\veen 4:00 and 5:00 we average three
trips. You know, and like I said, our peak trip is
bet\veen 1 :00 o'clock and 2 :00 0 t clock for the drive-up
windows. So you've got two different type of uses with
the drive-through, the drive-up windows, again, regular
banker hours, it's that ATM -- one neighbor was talking
about; you know, the after-hour concerns, and, again,
based on our analysis of an existing bank, that is at an
intersection of a major ... two major roads; it has a lot
more drive past -- the numbers just aren't there to
warrant, you know, a huge concern, in my opinion. But
with that, I r d, again -- happy to answer any questions
that you have or clarify any of the: issues.
COMMISSIONER STRANGE: Any questions of the
applicant? Dr. Thibodeaux.
COMMISSIONER THIBODEAUX~ can you tell me
the hours again?
Page 24
MR. REICHHART~ oh, certainly. The easiest
thing to do .-
COMMISSIONER THIBODEAUX: YOU can just tell
me.
MR. REICHHART: No. I made a copy of the
Power Point that we can just put up there. The
drive-through hours are 8 :00 to 6 :00 Monday through Friday
and then 9:00 to 12:00 on Saturday.
COMMISSIONER THIBODEAUX: And the location
of the A TM is to north?
MR. REICHHART: The ATM is on n the way
you r re looking at this view, the A TM is on the outside
lane because you need the tubes and everything for the
drive-through. Those are typically closer to the
building.
COMMISSIONER THIBODEAUX: But it's closer
to that boundary?
MR. REICHHART: Yes~
COMMISSIONER THIBODEAUX: And it's one
AIM.-
lvIR. REICH HART: That's correct.
COMMISSIONER THIBODEAUX: And three lanes.
MR REICHHART: One ATM~ t\vo drive.through
lanes, three total.
COMMISSIONER THIBODEAUX: oh; three totalJ
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
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1 okay. 1 presidents and such. They just don't see the usage at
2 MR. REICHHART: Yes. 2 Lillian Miller being the same as that there but it was the
3 COMMISSIONER THIBODEAUX: Did you look at 3 closest bank they bad. It's been in operation a little
4 any other pas sible locations for that A TM because the A TM 4 over five years.
5 is -- the drive-through hours are 8:00 to 6:00 primarily, 5 COMMISSIONER THIBODEAUX: Thank you, Mr.
6 and 9:00 to 12:00 on Saturday. There were concerns about 6 Chair.
1 the traffic after those hours. 7 COMMISSIONER STRANGE: Dr. Noble.
8 MR. REICHHART: I mean, with any site out 8 COMMISSIONER NOBLE: Thank you, Mr. Chair.
9 there and here's a little bit of an example. The gray 9 My first question is to kind of piggyback off of Dr.
10 shows the existing access. That's the driveway that's 10 Thibodeaux t s. Is that Midway Branch, is that commercial
11 already there and the driveway coming out to the street. 11 or personal?
12 The red lines indicate utility easements~ The site is 12 MR. REICHHART: It's the exact same branch.
13 very constrained on how you can fit the building in there 13 It's a commercial bank. It r s a sister bank. It r s the
14 and there wasn't enough room to have it over on this side 14 same -- it's a conunercial bank.
15 and have safe turning movements and everything. 15 COMMISSIONER NOBLE: okay. Let me see if I
16 The only place we could locate it is in the 16 can get this right. You are making a distinction about a
17 back and we've looked at different ways of shifting, you 17 commercial bank and the, I gues s; the type of transactions
18 know ~ to get more stacking and maybe eliminate a 18 that happens at a conunercial bank versus some other kind
19 drive-through or something to get it closer, and it just 19 of bank?
20 -- this was the configuration that worked best on the site 20 MR. RErCHHART: well, typically, most folks
21 and for the bank. 21 when they go to a bank they go to a retail bank. Just,
22 COMMISSIONER THIBODEAUX: I think one more 22 First Bank, any -- the majority of the banks, Wells Fargo
23 thing. 23 and such are retail banks. So you'll get the students
24 MR REICHHART~ Thatt S all right. 24 going there. You t 11 get a lot of different -... mom and dad
25 COMMISSIONER THIBODEAUX: Those peak hours, 25 just open up a checking account and such, more so and
Page 26 Page 28
1 I mean, you gave a per -- number of trips per hour. 1 Michael, if Itm saying it wrong, please correct me -- more
2 MR. REICHHART: For the drive-through or 2 so with a commercial bank, you'l1 get businesses coming to
3 for the ATM? 3 the bank. And you'll get business loans. And you'll get..~
4 COMMISSIONER THIBODEAUX~ For the 4 the guy calling up and saying r m coming in at noon to
5 drive-through. 5 pickup my $100.00 worth of quarters, you know, $50.00
6 MR. REICH HART: okay. And~ again, this is 6 worth of nickels, have it ready and come pick it up. So
7 a two-week ..... you know, our average peak was 30 -- the max 7 itrs geared more towards the business owner than it is to
8 we had in anyone time was 30 trips, but the average 8 a single family ~ you know, unit.
9 throughout that two-week period was a little over 18 trips 9 COMMISSIONER NOBLE: okay. So based on
10 in a one-hour period and, obviously~ theytre not coming 10 that scenario~ then I can see how, you can -- the numbers
11 all at once~ And then as you can see later on in the day, 11 or the traffic or the flow of folks, individuals would be
12 it drops drastically, you knowJ 2.8 trips average and 12 les s. And I guess -- if they are less, then it's not
13 such. 13 really clear to me how a -- the drive-through is really
14 COMMISSIONER THIBODEAUX: And how similar 14 going to make a significant impact if we're looking at
15 is that Midway Branch to this proposed site? 15 business people that are physically coming in for specific
16 MR. REICHHART: nts -... besides the use -- 16 type of transactions and how that can be either hastened
17 I mean, itts a smaller bank, obviously, being a newer 17 or those nwnbers can increase by having a drivc.through.
18 bank, and if I remember right, the existing bank~ I think, 18 The other question I have is if you have a
19 bas assets of 75 million dollars, so it's 19 picture of that 20-foot buffer that is -- it already
20 well-established~ Itts on the hard corner of a -- two 20 exists; is that correct?
21 ma jar intersections~ so it has a lot more drive-by 21 MR. REICHHAR T: That is correct.
22 potential than I think the Lillian Miller site does 22 Thatt s a close-up and that's -- I can see
23 because it just doesn't have the traffic count out on 23 it on my screen. That is, you know t the viewing it down
24 Lillian Miller, so I think these numbers are probably 24 the driveway and that is more of a close-up.
25 higher than what werll see based on talking with the bank 25 COMMISSIONER NOBLE; so looking at that
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proposed design~ if I would imagine1 these -- the parking 1
spaces are right there at that -- the fence -- 2
MR. REICHHART: 'f\.Ve11ty foot away from the 3
fence. This dark line right across the back of the 4
property is where the fence is and then there t s this 5
20-foot lawn area with the trees and then you have an 6
existing fOW of parking and then the drive aisle and let 7
me show you. 8
COMMISSIONER NOBLE: okay. 9
l\1R. REICH HART: There's the fence. 10
COMMISSIONER NOBLE: Right. 11
MR. REICHHART; Here's the -- ben.veen there 12
and there, believe it -- I mean, you can't really see it 13
on this angle, but that's 20 feet. And then where this 14
car is, or pickup truck, that' s an 18-foot parking lane 15
and then you have the 24 foot drive aisle. Right here 16
where my car is parked~ you'11 have a -- and~ again, the 1 7
little island~ and then -- and going back to the site 18
plan~ you know ~ there's that island. Right here is where 19
my car was parked. Right about here was where that pickup 20
truck was parked. 21
COMMISSIONER NOBLE: Right. So where t s 22
that fence on this? 23
MR. REICHHART: It's -- it's -- I mean, 24
it t s such a thin line, but it r s right across the top where 25
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this hour glass is and right across the middle of that 1
hour glass is where the fence ...- and it really goes across 2
the whole back of that property. 3
COMMISSIONER NOBLE: Right. And that's 4
that wooden fence, right? 5
MR. REICIIHART: Yes~ sir. 6
COMMISSIONER NOBLE: So in this design -- 7
MR. REICHHART: Eight-foot high wooden 8
fence. 9
COMMISSIONER NOBLE: so this 20-foot buffer 10
is where this -- from the fence to where these -. right, 11
the concrete or the -- 12
MR. REICHHART: parking. 13
COMMISSIONER NOBLE; I dontt see that in 14
the -- in that photograph. 15
MR. REICH HART: well, it' s the angle of 16
that photograph. Well, let me go this way ~ And, again, 17
this is that red truck. Here's the park -- between that 18
red line right there and the back of that curb line is 18 19
feet. 20
COMMISSIONER NOBLE: Right. 21
MR. REICHHART~ All right. But between 22
that curb line and where the fence is, that's 20 feet -- 23
COMMISSIONER NOBLE: oh, that's 20 feet? 24
MR~ REICHHART: -- and then therets that 25
Page 3 1
fence.
COMMISSIONER NOBLE: okay. Well, I don't
know. I just -- the .- those drive-throughs1 they do
produce a lot of light. I mean, the one that went up and
down the street on Lillian Miller over by Sundown Ranch~
though ifs a little different design because there's no
homes that come that close to the bank, but you drive
through there at night and -- I mean, it's just so bright.
I just can't imagine how bright it's going to be in that
back yard there with all of that lighting and it's on all
night long. And I don't know if after creating, you know,
you had mentioned those islands and placing some more
trees there, you know~ how much~ you know, relief you'll
get from all of that lighting area.
MR. REICHHART: And regarding the lighting,
we still have to adhere to the Development Code which is a
half-foot candle at the property line~ And there is ways
to direct the light down. I mean, it's like a lot of gas
stations, if you look at how they r re lit~ if they have a
drop.down light fixture, it spreads the light all over,
and I' m not sure what type of fixture we have, but jf it r s
recessed and the light is just coming down, YOll have a
better angle of what is happening out there. You know,
we'd be happy to plant 00- r m not sure what type, but
Evergreen Trees back there in the openings to provide more
Page 32
seasonal screening.
But, you know, we think we can control the
lighting to be minimal at the property line. And again,
the Federal Government does dictate what the foot candle
has to be right underneath. But we can shield that to
prevent the diffusion into the adjacent properties.
And the one comment that you made that just
made me think about, you know~ the need for -- maybe not
the need for drive-throughs or bow much are they used,
it's like my business bank is different than my personal
bank. And I go into the bank very rarely. I had to do it
when I started up and I think I've been in once because
they were -- it was New Year's Eve and I had to get in
there to deposit some stuff. But other than tha~ I use
the drive-through when itr s convenient for me coming --
going out on a trip or something like that.
And then my personal bank is, you know,
I'll use that and, quite honestlYJ 95 percent of the stuff
I do is through the internet now. But there's a
difference -- I -- once every two or three weeks r m going
to the bank to drop something off. That's it. I mean, it
just -- if s different when itt s your business than it is
with your personal stuff. I don r t know t but ...- and,
again; like I said~ if it. s Evergreen Trees back there
that we can put in, you know, a few of those as opposed to
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1 deciduous trees, I think we were looking at Live Oaks~ you 1 this way and that's the way you t d want them to pull in,
2 know, they retain their foliage throughout the year 2 the A TM would have to be on the left-hand side, the
3 anyway, so I think we'd get better above the fence line 3 driver's side and with just the 18 feet in there, and
4 with Live Oak than we would with an Evergreen, but we'd be 4 having room to put an island in there, you know, I don't
5 happy to do either. 5 think we could physically ..- I mean, obviously l physically
6 COMMISSIONER NOBLE: How high is that 6 you could do it, bu~ I mean, that is really besides this
7 fence? 7 parking back here, you know, the one spot that we -"' the
8 MR. REICHHART: Eight foot. 8 entry of the bui1ding~ the one spot where we anticipate
9 COMMISSIONER NOBLE~ And the homeowners 9 having our customers~ and you can see we only have five
10 maintain that fence currently; do you know? 10 parking spaces right there and quite honestly, besides our
11 MR. REICHHART: I donrt know. Yes? They 11 emp loyees, that r s all the parking we think we really need
12 maintain .- it's their fence. 12 because it doesn't get that much use. So in all honesty
13 COMMISSIONER NOBLE: All right. That's all 13 having the ATM where folks are used to it adjacent to a
14 the questions I have. 14 drive.through, we think it's safer and more convenient.
15 COMMISSIONER STRANGE Mrs. Holt. 15 COMMISSIONER HOLT: well, I think that's
16 COMMISSIONER HOLT: Yes. I drove out there 16 really part of the problem that the Commission has with it
17 today to look at that because I didn't understand about 17 is the ATM does have to be lit 24 hours a day and the
18 the parking and the existing landscape buffer. And that 18 drive-through's don't. And that would protect those
19 is a significant amount of space from the fence back to 19 homeowners from that light source all night. So I don't
20 where the A 1M is. My concern would be the lights by the 20 know, maybe we could ask them if they would think about
21 A TM t and you said you can direct them different ways. 21 changing the ATM.
22 There is not another place that they can move that AThf 22 COMMISSIONER STRANGE~ Dr. Thibodeaux.
23 over to the side over here where they come around this way 23 COMMISSIONER THIBODEAUX: I'm still, too,
24 and there are two or three parking spots right there, they 24 on that ATM. I just wonder what portion of the busines ses
25 couldn't put an ATM right there? 25 transactions are used on that ATM. conunercial enterprises
Page 34 Page 36
1 MR REICHHART: Right here? 1 have predictable hours and predictable transactions, and,
2 COMMISSIONER HOL T~ ub-huh. I mean~ that 2 I mean, maybe thatrs just a small portion of the business
3 to me is the hig concern because that's whatrs going to be 3 that would take place. I mean, it may not be that much
4 lit all night. Those three drive-through's, I'm sure at 4 added value. But I don't know the answer. That's
5 6:00 o'clock, they're going to be maybe small lighting but 5 speculation, so It m asking the question.
6 nothing like what you would need for an A TM because of 6 MR. GARRETT: Mike Garrett. r m with State
7 protection. Now, it looks like it would be even more 7 Bank and Trust Your question on the A TM and the
8 accessible and more -- people would know it was there if 8 drive-through. It's like any business that you're
9 it was on the side of the building. 9 involved in. If your competition has it and you don T t,
10 MR. REICHHA.RT: well, quite honestly, 10 you treat a distinct disadvantage. Drive-in facilities
11 besides customers, we donft care if anybody knows itfs 11 today are for convenience. Business owners that have
12 there or not. And being behind the building -- 12 either deposits to make or transactions, the employees
13 COMMISSIONER HOLT: well, then why not put 13 mean time and money to them. They want to get them to the
14 it inside? 14 bank, make the deposit, get back to the office, go to
15 MR. REICHHART: well, the inside stuff-- 15 work. That's the reason for really banks having to have
16 COMMISSIONER HOLT: why not close it down 16 drive-in facilities today ~
17 when the customers aren't there? 17 A TMs t really, it's the same situation.
18 MR. REICHHART; well, if you think, A TM IS 18 It's customer convenience. All banks have them. As Larry
19 started in the inside of the lobbies~ and you got out of 19 said, most of those used to be located inside the lobbies,
20 your car and you walked in, and the safety issue 20 became very dangerous. You walk in the door~ it's very
21 associated with that was a higher risk than having, you 21 easy for somebody to trap someone in there, especially
22 know, an outside ATM. You know ~ having an A TM on the -- 22 female. That is why you' ve seen all of the A TMs go to a
23 excuse me, over on this side .- there really is very 23 remote site. It t s really a safety issue. You know you
24 limited space in here with this existing drive aisle to be 24 can see your traffic behind you. And if you feel you're
25 able to get the cars out of there -- if they're coming in 25 in a situation, you can raise your window and you can
Condenselt TM
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
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OO~~ 1
As far as the lighting, the Northstar Bank 2
I think that you' re speaking of, if you drive by, you've 3
got drop-down lighting, which is above the canopy, which 4
keeps that area lit, so that people can see. You know the 5
box lightings as far as similar to street lightings, you 6
know, they can be cut off at particular times to where 7
those are not on. To me, it I s similar to a street lamp. 8
That is not our big concern because they're not back there 9
now. The concern is just being able to see the 10
transaction if you are sitting at the ATM. The lamps 11
there, the Northstar one is an excellent location from the 12
standpoint that those are above the canopy and the 13
lighting is straight down, so that, again, when you pull 14
in you can see your transaction. And you know, you 15
attempt not to light the entire area because itts -- the 16
appearance is not good. The banks have tried to get away 1 7
from that The new ones that have been built all have the 18
above canopy drop-down lighting. And, again, it t S just to 19
be able to see the ATM keys and do your transaction. 20
We are a conunercial bank. We cater to the 21
entrepreneur. Real estate, primarily, interim 22
construction, conunercial real estate, commercial mortgage 23
loans. So the transactions you have are the entrepreneur 24
that needs to come to the bank and see a bank officer. 25
Page 38
Money Center Banks, the Wells Fargos, Banks of America, 1
excellent banks, but all are very good, but they are for 2
strictly for retail activity; cash a check and make a 3
deposit. 4
We're in the busines s to help entrepreneurs 5
that are within Denton County be more successful. As 6
we've seen in Denton County, the -- several of the 7
conunercial banks have gone away in the last year, so as 8
far as being able to be an asset to the cormnunityJ I 9
definitely think there's an opportunity. There may be 10
five or six banks within that localet but I only know of 11
one and that being N orthstar where you can walk in the 12
door and go see a bank officer and actually get a 13
transaction done without it going out of state and someone 14
not knowing who you are. 15
We are a local bank. We are owned by t\.Vo 16
brothers in the Dallas area. We bave four locations and 17
our transactions are that. So, you know, your drive-in 18
facility and your A TM is necessitated by competition, and 19
convenience. If you don't offer it~ you know, it's very 20
difficult to compete. 21
COMMISSIONER STRANGE: can I ask you one 22
question? 23
MR. GARRETT: Yes, sir. 24
COMMISSIONER STRANGE: Looking at the 25
Page 39
sketch or the building, it looked like that was ..- the end
of the building facing those houses was open just like
columns over there; is that correct?
MR. GARREIT: Correct.
COMMISSIONER STRANGE: Have you given any
thought as far as a light buffer to extending that canopy
back to that little green island on the outside of that
third stacking lane and making that a solid wall so the
light does not filter out from under that canopy back
towards those houses?
MR. GARRETT: well, I believe we cannot
because of the utility easement. At one point we did have
the overhang going back to that island there and I believe
when it came before the City staff, it was noted to us
that we were building out over the utility easement so we
had to back that up. So now that the overhang is enough
to shield the A TM from the weather and provide
down-lighting for the reading of that --
COMMISSIONER STRANGE: okay. Any other
questions of the applicant?
MR. GARRETI: Thank you.
COMMISSIONER STRANGE: Mrs. IIolt. Mrs.
Holt has got one more question.
COMMISSIONER HOLT: Yes. I mean, I just
have to outright ask you, couldn't you move the A Th1 to
Page 40
another place?
MR. GARRETT: Quite frankly, I don't think
we can simply because we have used the space that we ..
the lot structure and meeting the stacking requirements,
- you know, we went through several designs of the
drive-through and met with City staff on that.
COMMISSIONER HOLT: Not the drive-through,
just the ATM. eQuIdn' t you move it over to the side?
MR. GARRETT: AS far as a drive.up
facility? In my -- I mean, this is my humble opinionJ but
I think it would be more dangerous on the side there where
you've got traffic making that comer, pulling into the
side, and pulling back out into traffic and also as Larry
said we would not have the parking that's available on the
side. And we do bave the entrance also on the side so you
would -- you know~ it would be -- I r m not sure how we --
I r m not -- I don' t know how we would design the building
to where it would be usable and/or very attractive if we
tried to do that. The entrance -- the entrance area and
the parking on the side was, you know, redesigned three or
four times to come up where we did have the parking that
we do and tried to make it as least congested as we could.
COMMISSIONER HOLT; Thank you.
COMMISSIONER STRA.NGE~ Mrs. Guzman-Ramon.
COMMISSIONER GUZMAN-RAMON: JUst a
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
Page 37 - Page 40
Page 41 Page 43
1 suggestion~ Could you try doing maybe the drive.through 1 drive-through roof is very high, which allows the light to
2 and the ATM facing the bank where you kind of pull up into 2 dispute -- or disburse farther. Ours is relatively low
3 -- towards the bank and then exit out that way. That way 3 which will keep the light from shining very much farther.
4 would limit the lighting on the A TM at least? 4 The other thing, if allowed by Denton Municipal Electric,
5 MR. GARRETT: I'm not sure-- 5 you know, Ray COX~ the architect, was thinking that we
6 COMMISSIONER GUZMAN-RAMON~ Instead of it 6 could put a decorative screen fence in that landscape
7 being, I guess; sideways where the cars are positioned 7 island that would also help to shield -- you know, we want
8 sideways in your picture -- 8 to be careful that it's not a hiding place for somebody,
9 MR. GARRETT~ Front end? 9 but we could do some screening in that area. It would
10 COMMISSIONER GUZMAN-RAMON: Right. 10 have to be, obviously, located in such a way that r s not on
11 MR. GARRETT: I may be incorrect here, but 11 top of the utilities and maybe at the edge of that thing,
12 I don r t think we can meet the stacking requirements if we 12 that island, you know, if we can work it out with Denton
13 were -- I think what you're saying is take the drive-in 13 Municipal Electric, thaf s something else we could put in
14 this way, put it this -- 14 to provide additional screening for the lighting.
15 COMMISSIONER GUZMAN-RMfON~ Right. 15 COMMISSIONER STRANGR Dr. Noble.
16 MR GARRETT: -- in this direction? I 16 COMMISSIONER NOBLR It seems like, Larry,
17 don't think, you know, just from being out there, our 17 I think if there was -- to me, if you worked on that
18 office now is !\va buildings up, I don't think we can even 18 buffer a little bit where it can shield a lot of that
19 ..- I don. t think there's stacking room there if we were to 19 disbursed lighting, I think that would be certainly
20 turn it in that direction. The only consideration \Ve 20 doa b Ie. I know there's other businesses there where it's
21 could have is take the ATM and move it to the middle lane. 21 -- where it can be busy. I don f t think that's the issue.
22 And move it in one lane, and what we would -- you know, we 22 I think people will come and go. But, gosh~ just that
23 could make the outside lane a transaction lane, and make 23 lighting or that drive-through is just M. I mean, it r s
24 the middle lane the ATM lane. That could be done. The 24 just like daylight. So I think, you know, work on that
25 farthest lane into the building is usually the commercial 25 buffer and kind of increasing that vegetation, that might
Page 42 Page 44
1 lane obviously where people can pull up, the drawer opens 1 -.. you know, that might be very helpful.
2 up and they're conducting business with a teller right 2 MR. REICHHART~ It would be very easy to --
3 there and if they need anything~ it can be, you know, 3 if I can remember which way the site plan is -- I mean,
4 passed on to them. 4 that one gap in there, we'll place two trees in there. I
5 COMMISSIONER GUZMAN-RAMON: okay. And then 5 mean, we can stagger them to fill that in with two larger
6 also Larry mentioned that you would have -- you would also 6 trees to give a little bit more instant buffering there~
7 be planting another tree right behind, I guess, the 7 If we move the A TM to the middle lane, and, again, that --
8 homeownert s fence, was that a mature tree? 8 that's the lights that are on at night is that -- we can
9 MR. GARRETT: That would be fine. I mean, 9 direct the light straight down into that A TMt again, with
10 the t\.vo that we're putting in the island there would both 10 the roof being low, and if needed and we can work it out.
11 be what I would call a mature tree. I don't know wbat 11 we can do additional screening. You know, we're thinking
12 size you're referring to. 12 of a decorative fence~ I' m not sure what type it would
13 COMMISSIONER GUZMAN-RAMON: rust Irm 13 look like or anything, but we want it to look nice because
14 as suming a bout the same size that's there now to provide 14 of the architecture of the building in that area, I think
15 enough coverage on it to -- for the back yard. 15 would be -- I mean, and right now we're assuming -- we're
16 MR. REICHHART: I don't think it would be 16 putting a couple of floodlights out there. You knowt the
17 the size, the height that is there now. But we can get -- 17 assumption -- I think the assumption everybody's making is
18 I mean, typically, a decent size tree is, you know; 15 -- 18 that we're going to put a couple of huge floodlights or a
19 in the 15 -foot range, but we can look for something bigger 19 couple of spotlights out there, and, again, the lighting
20 and put it in there. I think that would be adequate. 20 technology is such that we can -- we can design it to
21 That would be fine. 21 minimize the impact on the adjacent neighbors. And if we
22 The other thing that was just pointed out 22 don't, you know, wet re in violation of the sUP because
23 to me that will make a difference is our drive-through 23 we're saying we're not going to have lights built.
24 roof line is a lot lower than the other banks in the area. 24 So tha~ you know, let us attempt to light
25 The ..... whafs the one down the street? Northstar, that 25 it properly with the architecture of the building, and the
CondenseIt TM
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
Page 41 - Page 44
Page 45 Page 47
1 additional1andscaping. Moving the A 1M to the middle 1 but would we not issue a building permit if the light
2 lane, I think is a good idea and I think werre there. 2 study didn't come to a certain place? I mean, what
3 COMMISSIONER STRANGE: Any other questions? 3 provision does that do to this motion? Stafr?
4 If not, wefn close the public hearing. Do we have a 4 MR. LOCKLEY: commissioner Watkins, what the
5 motion or any discussion on this item? I think r d like 5 photometric study will show is the amount of light that's
6 to clarify one item with staff, if I could, before we go 6 shown on site in any given location. The Code states that
7 forward. Ms. Shelton1 there's been t\.vo different people 7 as the applicant noted, that there's a half-foot candle at
8 made a reference to the fact that by ordinance there was 8 the property line. All he's doing is showing conf onnance
9 to be no in/out traffic~ Can you give us a little better 9 with that requirement. But what it does is show the light
10 history on what that is? 10 disbursement and ensures that there's not any more light
11 MS. SHELTON: I think theyfre referring to 11 trespassing across the property line than what f s allowed
12 the original PD. I did not see anything in the PD that 12 by Code~
13 referred to the in and out traffic~ But I wasn t1 really 13 COMMISSIONER WATKINS: I understand that.
14 dealing with the PO because the current zoning is straight 14 But that takes place whether it I S a part of this motion or
15 NRMU~ so what happened -- what was agreed upon back then I 15 not, right?
16 wasn't really dealing with. 16 MS. SHELTON: pardon me, may I add
17 COMMISSIONER STRANGE: All right. Thank 17 something? That is -- that study is not a requirement for
18 you. Mrs. Holt. 18 the building permit. So there is a requirement that there
19 COMMISSIONER HOLT: Yes. This is a 19 is the half-candle foot at the property tine. But a
20 question to staff. Has there been a photometric study 20 f onnal study is not a part of the building penni t process,
21 done to show where the lighting is on the site and the 21 so that t s what they're adding into the conditions.
22 amount of foot candles? 22 COMMISSIONER WATKINS: But theytre -- but
23 MS. SHELTON: I don't -- not from -- 23 he's required to have that anyway? No?
24 certainly not from staff. No, ma' am. 24 MS. SHEL TON~ Not the full -- not the full
25 COMMISSIONER HOLT: That might be helpful 25 study done.
Page 46 Page 48
1 to see exactly what they can keep right on the premises 1 COMMISSIONER WATKINS: I know, but the--
2 and not go into the neighborhood. 2 so many candle power, he's supposed to have that by
3 COMMISSIONER STRANGE: Well, they are 3 ordinance~ right?
4 limi ted by ordinance to whatever, the one-half foot candle 4 COMMISSIONER STRANGE: I think that's more
5 at the property line. 5 of an enforcement issue, George, after -- that t s something
6 Mrs. Holt~ 6 that could be challenged after the building was built.
7 COMMISSIONER HOLT: I make a motion that we 7 Somebody could come up and say, well, you are -- you are
8 move approval with the following conditions, adding 8 diffusing more than a half-foot candle. And then that
9 screening, decorative fencing, move the AThf to the middle 9 would be -- would require a remedy.
10 lane, and a photometric study done. 10 COMMISSIONER WATKINS: SO if he does it
11 COMMISSIONER STRANGE~ We have a motion. 11 before -..
12 Do we have a second? Mrs. Guzman-Ramon. 12 COMMISSIONER STRANGE: well, I kind of have
13 COMMISSIONER GUZMAN-RAMON~ I'll second 13 a little trouble with that, too.
14 that motion with those conditions. 14 COMMISSIONER WATKINS: I mean, if it's a
15 COMMISSIONER STRANGE~ okay. We have a 15 vacant lot, that's not going to show anything ......
16 motion and a second. Do we have any discussion? Dr. 16 COMMISSIONER STRANGE: I think the way we'd
17 Noble~ you were up. Did you want to -- 17 have to maybe phrase that is that upon the completion of
18 COMMISSIONER NOBLE: Just part of the 18 the building, they would have that study completed and
19 discussion. Does the added screening include the 19 that they would then have to be in compliance with that
20 vegetation? 20 smdy before they got a Certificate of Occupancy; is that
21 COMMISSIONER HOLT~ Yes. 21 what the intent of your ....
22 COMMISSIONER STRANGE: Mr. Watkins. 22 COMMISSIONER WATKINS: very good. Very
23 COMMISSIONER WATKINS~ Thank you, Mr. 23 good. Thank you.
24 Chainnan. The light study that was a part of this motion, 24 COMMISSIONER STRANGE: So do you want to
25 I guess, I. m not clear on it. I can see a light study ~ 25 amend your motion to make that a requirement of the CO?
Con den seIt TM
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
Page 45 - Page 48
Page 49 Page 51
1 COMMISSIONER HOLT: Yes. 1
2 COMMISSIONER STRANGE: okay. Do you amend 2
3 your second? 3
4 COMMISSIONER GUZMAN-RAMON: Yes. 4
5 COMMISSIONER STRANGE: okay.. So we have a 5
6 motion and a second both with conditions. Do we have any 6
7 other discussion? If not, please, vote. And the vote 7
8 passes 6 -0. 8
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CondenseIt 1M
PLANNING AND ZONING JUNE 14, 2006 FORMAL SESSION
Page 49 - Page 52
s: \Our Documents\Ordinances\06\S 06-000 3 .doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY O~618 ACRES OF
LAND, GENERALLY LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY
APPROXIMATELY 500 FEET NORTH OF SOUTHRIDGE DRIVE, LOCATED WITHIN A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND PLA TIED
AS LOT 4, BLOCK A SOUTHRlDGE OAKS ADDITION IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; DECLARING SEVERABILITY; PROVIDING A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND ESTABLISHING
AN EFFECTIVE DATE. (S06-0003)
WHEREAS, Larry Reichhart, as the property owner's representative, has applied for a
specific use permit for a drive-through facility for State Bank and Trust within a Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation, on approximately
0.618 acres, generally located on the west side of Lillian Miller Parkway approximately 500 feet
north of Southridge Drive, and is platted as Lot 4, Block A, Southridge Oaks Addition; and
WHEREAS, on June 14, 2006, having found that the approval criteria of Sections 35.3.3 .c.
and 35.13~11 of the Denton Development Code had been satisfied, the Planning and Zoning
Commission recommended approval of the specific use permit for a drive-through facility with
conditions; 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 as true.
SECTION 2. The Specific Use Permit, attached hereto and incorporated herein as Exhibit A,
is hereby approved for the property described in the caption of this ordinance, subject to the
following conditions:
1. Additional screening is required in the 20' landscape buffer area~
2~ A decorative screening fence in the landscape island shall be installed and maintained
adjacent to the drive-thru, to provide additional screening from proposed drive-thru
lighting.
3. Locate the ATM drive-thru to the middle lane~
4. Prior to obtaining a building permit, perform a photometric study to demonstrate
conformity with code requirements of Y2 foot-candle maximum illumination at the
property line and verify compliance prior to issuance of a Certificate of Occupancy.
SECTION 3. If any provision of this ordinance, or the application thereof to any person or
circwnstance, 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 4. 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 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of
, 2006
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. , CIT Y
PAGE 2
EXHffiIT A
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PAGE 3
s: \OUf Documen'ffi\Ordinances\06\S06-0003 No Conditions.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A DRIVE-THROUGH FACliITY ON APPROXIMATELY 0.618 ACRES OF
LAND, GENERALLY LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY
APPROXIMATELY 500 FEET NORTH OF SOUTHRIDGE DRNE, LOCATED WITHIN A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND PLATTED
AS LOT 4, BLOCK A SOUTHRIDGE OAKS ADDITION IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; DECLARING SEVERABILITY; PROVIDING A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND ESTABLISHING
AN EFFECTNE DATE. (806-0003)
WHEREAS, Larry Reichhart, as the property owner's representative, has applied for a
specific use permit for a drive-through facility for State Bank and Trust within a Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation, on approximately
0.618 acres, generally located on the west side of Lillian Miller Parkway approximately 500 feet
north of Southridge Drive, and is platted" as Lot 4, Block A, Southridge Oaks Addition; and
WHEREAS, on Jillle 14,2006, having found that the approval criteria of Sections 35.3.3.C.
and 35.13.11 of the Denton Development Code had been satisfied, the Planning and Zoning
Commission recommended approval of the specific use permit for a drive-through facility; and
WHEREAS, the City Council concurs in the findings of the Planning and Zoning
Cormnission, 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 as true.
SECTION 2. The Specific Use Permit, attached hereto and incorporated herein as Exhibit A,
is hereby approved for the property described ih the caption of this ordinance.
SECTION 3. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end, the provisions of this ordinance are severable.
SECTION 4. 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 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Clrronicle, 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~ SNYDER, CITY ATTORNEY
PAGE 2
EXHIBIT A
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PAGE 3
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
CM:
Parks and Recreation Department
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Hold a public hearing and consider adoption of an ordinance granting approval of a license
agreement for the subsurface use of a portion of the Lake Forest Park approximately 468.8 feet
for the purpose of a natural gas pipeline in accordance with Chapter 26 of the Texas Parks and
Wildlife Code; providing for the issuance of license; and providing an effective date. The Parks,
Recreation and Beautification Board recommended approval with a vote of 4-0.
BACKGROUND
NGG Gathering Company has requested the use of parkland in order to locate a natural gas
transmission line across the frontage of Lake Forest Park on south side of Ryan Road. The
request is for a License Agreement on a 25-foot wide, 468.8-foot long section of park property.
The company states they will bore the crossing to not disturb any trees or vegetation growth.
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the
Texas Parks and Wildlife Code requires that:
a) a municipality of this state may not approve any program or project that requires the use
or taking of any public land designated and used prior to the arrangement of the
program or project as a park unless the municipality, acting through its duly authorized
governing body or officer, determines that:
1.) there is no feasible and prudent alternative to the use or taking of such land; and
2.) the program or project includes all reasonable planning to minimize harm to the
land, as a park, resultingfrom the use or taking.
b) a finding may be made only after notice and a hearing as required by this chapter. "
If the proposed natural gas line license agreement is allowed, a value must be placed on the
468.8 linear foot section and charged to the NGG Gathering Company. In addition, land
disturbed in the park will be returned to its original condition.
Parks and Recreation Department and the City of Denton staff have reviewed all other possible
alternatives. These alternatives included:
. Select a route through the city that would by-pass the park area. A routing study was
conducted using Cross Timbers Park along Hickory Creek Road. It determined many
circuitous directions and multiple property ownership that make the proposed routes to be
unreasonable. .
. Permit the proposed Ryan Road routing of a natural gas line across the park frontage area to
connect to existing natural gas wells. Require the installer to bore underground under the
creek and across park property to avoid any removal of trees. After review of this option, it
appears to be the most prudent and cost effective way transport natural gas from this part of
the city.
- 1 -
OPTIONS
City Council may approve or deny the recommendation to allow a natural gas pipeline in Lake
Forest Park, select the other option outlined above, or request staff to submit an alternative not
listed.
RECOMMENDATION
After reviewing all alternatives, staff recommends approval of the use of the Lake Forest Park
for a natural gas pipeline license. The site must be bored to protect trees and vegetation. There
would be no major impact on current park operations or programs. The Parks and Recreation
Department confirms that the City of Denton has investigated all other alternatives and has used
reasonable planning to minimize harm to the land.
ESTIMATED SCHEDULE OF PROJECT
Construction is projected to begin in winter of2006-07.
PRIOR ACTION/REVIEW
The Parks, Recreation and Beautification Board recommended approval of this natural gas
pipeline license and License agreement at a meeting on July 10, 2006 with a vote of 4-0.
FISCAL INFORMATION
Compensation related to this use is still under discussion with NGG Gathering Company. It is
reasonable to expect that improvements directly related to programs and/or facilities in the Lake
Forest Park will be provided.
BID INFORMATION
Not applicable
EXHIBITS:
1. Ordinance
2. Map
3. Minutes
Janet Fitzgerald, Director
Parks and Recreation Department
Prepared by:
Bob Tickner, Superintendent
Parks and Recreation Department
- 2 -
S :\Our Documents\Ordinances\06\Lake Forest Park Natural Gas Pipeline.doc
ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE
SUBSURFACE USE OF A PORTION OF THE LAKE FOREST PARK APPROXlMATELY
468.8 FEET FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE
WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park may be used for a non-park purpose if the City Council finds
after notice and hearing that there is no feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
the harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to cooperate with the NGG Gathering Company
in the development of Natural Gas Pipeline .by providing a license for the construction of a
Natural Gas Pipeline 468..8 linear feet across the frontage of Lake Forest Park; and
WHEREAS, developer NGG Gathering Company desires to construct the Natural Gas
Pipeline across Lake Forest Park since alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on June 26, July 3,
and July 10, 2006 of a Public Hearing to be held on July 18, 2006 in the Council Chambers to
consider the alternatives to the use of City Park and Recreational land for the subject natural gas
pipeline project; and
WHEREAS, the City Council fmds that there is no feasible and prudent alternative to the
use of the Park land and that the natural gas line project when constructed in accordance with the
provisions of the license as described below will minimize the harm to the park land resulting
from the proposed subsurface use of such park land effected shall remain useable for the park
patrons once the construction of the natural gas pipeline are completed; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The natural gas line .proposed by the NGG Gathering Company, be
constructed and maintained below the surface of the park property described in Exhibit A, which
is attached hereto and made a part hereof for all purposes, and that the surface of the park after
installation of the natural gas line be constructed in a manner so that the park land may still be
used by its patrons after completion of the project in the same manner it was used prior to the gas
line proj ect.
SECTION 2. A license which is revocable as required by law be composed by the City
Manager or his designee and approved by the (:ity Attorney allowing the use of the park property
as referenced above with appropriate provisiqn to insure the improvements are constructed in
Exhibit 1
~ .'.-.~ '-?-
accordance with City Subdivision Rules and. Regulations; protects the patrons using the park
from injury and damage both during and after construction of the project; compensates the City
for the fair market value of the use herein granted and generally protect the health, safety and
general welfare of the City~
SECTION 3. During construction of the improvements above, NGG Gathering Company
may have temporary use of such additional park land necessary to stage the construction of the
improvements as may be approved by the Director of Parks and Recreation Department and at
the completion of the construction activities for the above improvements such additional park
land shall be restored to the condition to which it existed prior to the beginning of such
construction activities~
SECTION 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City~
SECTION 5 ~ The License above grantee shall, to the extent allowed by law, constitute a
covenant running with the land and be filed in the Deed Records of Denton County, Texas.
SECTION 6. 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:
By:
Page 2 of2
\ l ..
Coleman & Assoc. Land SUIVeying
P~O.. Box 686
Denton, r-rexas 76202
Phone (940)565-8215 Fax (940)565-9800
Exhibit "A"
25 foot Gas Easement
City of Denton
Lake Forest Park Tract
FIELD NOTES to all that certain tract of land situated in the T.. Labor Survey Abstract
Number 779 and being part the called 69~320 acre tract described in the deed from The
Evangelical Lutheran Good Samaritan Society of Sioux Falls to the City of Denton,
Texas recorded in Volmne 5224, Page 2912 of the said Real Property Records of Denton
County, Texas; the subject tract being more particularly described ad follows;
BEGINNING for the Northwest comer of the herein described tract at a 'l2 inch iron rod
found on the South Right-of-Way of Ryan Road at the Northwest comer of the 69..320
acre tract;
THENCE South 89 Degrees 10 Minutes 18 Seconds East with the South Right-of-Way of
Ryan Road and the North line of the 69.320 acre tract a distance of 468.8 feet to a ~ inch
iron rod found at the Northeast comer thereof;
THENCE South 00 Degrees 32 Minutes 36 Seconds East with the East line of the 69..320
acre tract a distance of25.0 feet;
THENCE North 89 Degrees 10 Minutes 07 Seconds West, 25 feet South of and parallel
with the South Right-of-Way of Ryan Road, a distance of 468..8 feet to the West line of
the 69..320 acre tract;
THENCE North 00 Degrees 32 Minutes 36 Seconds West with the West line of the
69.320 acre tract a distance of25.0 feet to the PLACE OF BEGINNING and enclosing
0.269 afan acre of land..
Together with a 25 foot temporary Construction Easement South of and adjacent to the
above described easement as shown by Exhibit "B" attached hereto..
T. LABOR
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RYAN ROAD
S 00.32' 3SJtE 25.:0'
SURVEY A-779
sufEY -;:61 .
CALLED 16.999 Ac.l.
RYAN, WAYNEetux
. VOL. 730, P. 599 ,.
.... BRITTO~
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TRACT 1
CALLED 30~369 ACRES J
THE EV. LUTHERAN GOOD
SAMARITAN SCOCIETY OF
SIOUX FALLS, SOUTH
DAKOTA
VOL. 1623, P. 58
/
/
CALLED 69.320 ACRES
CITY OF DENTON
VOL. 5224,P. 2912
"LAKE FOREST PARK"
L
CALLED 80 Ac. Tr. 18 JUSTIN
INDUSTRIES, INC.
TO ACME BRICK CO.
V. 3127/P. 930
N
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EXHIBIT ~
251 GAS EASEMENT WITH 0 50
25t TEMPORARY CONSTRUCTION EASEMENT
IN THE C. POULALIER SURVEY A... 1 006
CITY OF DENTON
DENTON COUNTYf TEXAS
I
200
DRAWN:
CHECKED:
REVISEO:
CF
MGD
N/A
Coleman & Associates
Land Surveying
P. O. BOX 686 . DENTON, TEXAS 76202
PH (940)565-8215t FAX (940)565-9800,
WWW.COLEMANSURVEYING.COM
@ 2003 COLEMAN & ASSOC. SURVEYING
JOB #:
DATE:
SCALE:
1005
2-16-04
1u = 300'
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CALLED 22.982
ACRES
JOHNNY UY
VOL. 1531 P. 237
CALLED 58.103 ACRES
STEWART FAMILY
LIVING TRUST
C.F.N.OI.ROO128090
Exhibit 2
Lake Forest Park
natural gas pipeline
license a reement
Draft
Parks, Recreation and Beautification Board
Minutes
July 10, 2006
Members present: Jo Kuhn, Allyson Coe, Geri Aschenbrenner and Patrice Lyke. Members absent:
Teresa Andress, Ross Richardson and Reggie Heard. Staff present: Janet Fitzgerald, Bob Tickner,
Emerson V orel, John Whitmore, Janie McLeod, Amanda Green and Cindy Mayo.
Vice President Jo Kuhn called the meeting to order at 6:00 p.m.
Proposed Gas Pipe Line License Agreement Lake Forest Park - Bob said NGG Gathering
Company has requested a license agreement to locate a natural gas transmission line across the
frontage of Lake Forest Park on the south side of Ryan Road. NGG will bore under a 468.8 foot
by 25 foot section of the park in order to protect trees and vegetation in the park. There would
be no major impact on current park operations or programs. Bob stated that this request is
consistent with requirements of the Chapter 26, Texas Parks and Wildlife Code.
Action: Geri made a motion to recommend approval of a license agreement at Lake Forest Park
for a natural gas pipeline and that the site be protected including the trees and vegetation.
Allyson seconded the motion and it was approved by a vote of 4-0.
- 1 -
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
Utility Administration
Howard Martin, Utilities 349-8232 ..
ACM:
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas concerning
the appointment of a member of the Board of Directors of the Texas Municipal Power Agency
Representing the City of Denton; and declaring an effective date.
BACKGROUND
George Hopkins has served as a member and Chair of the Board of Directors of the Texas
Municipal Power Agency (TMP A) for the last two years. George's term will expire July 18th,
2006 and he has expressed his intention to retire.
After careful consideration, the Council has selected Phil Gillivan, a Public Utilities Board
Member, to serve a two-year term as a Director on the TMPA Board. Phil's term will become
effective July 18th, 2006 and end July 18th, 2008. TMP A requires that a resolution be passed
supporting the nomination of Phil to the Board of Directors.
EXHIBITS
1. Resolution
Respectfully submitted,
Howard Martin
Interim City Manager
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
CONCERNING THE APPOINTMENT OF A MEMBER TO THE BOARD OF DIRECTORS
OF THE TEXAS MUNICIPAL POWER AGENCY REPRESENTING THE CITY OF
DENTON; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office of George Hopkins as a member of the Board of Directors
of the Texas Municipal Power Agency will expire on July 18, 2006; and George Hopkins has
stated his intention to retire as a Member of the Board of Directors of the Texas Municipal
Power Agency effective on that date; and
WHEREAS, the City Council of the City of Denton, Texas hereby communicates its
sincere appreciation and gratitude to George Hopkins for serving the last ten (10) years as a
Member, as well as Chair, of the Board of Directors of the Texas Municipal Power Agency for
the last two (2) years, serving the interests of the City of Denton with distinction and
professionalism; and
WHEREAS, the City Council shall appoint a Director to the Board of Directors of the
Texas Municipal Power Agency in accordance with concurrent Ordinance No. 75-22 of the City
of Denton, Texas; and
WHEREAS, the City Council of the City of Denton after careful consideration, has
selected Phil Gallivan, a resident of the City of Denton, and a Board Member of the Denton
Public Utilities Board, for appointment to a two-year term as a Director on the Texas Municipal
Power Agency Board of Directors; and
WHEREAS, effective on July 18, 2006, the City Council hereby appoints Phil Gallivan
as a member of the Texas Municipal Power Agency Board of Directors; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1 That the recitations contained in the preamble to this ordinance are
incorporated herewith, and are true and correct.
SECTION 2. That pursuant to the terms and provisions of concurrent Ordinance No. 75-22
of the City of Denton, Texas, Phil Gallivan is hereby appointed to a two-year term of office as a
Director on the Board of Directors of the Texas Municipal Power Agency, his term of office
beginning effective July 18, 2006 and ending on July 18, 2008.
SECTION 3. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
, 2006.
1
Exhibit 1
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
S:\Our Documents\Resolutions\06\Resolution Appointing Director to TMPA Board of Directors-2006.doc
2
AGENDA INFORMATION SHEET
AGENDA DATE: July 18,2006
DEP ARTMENT:
Planning & Development
..
CM:
Howard Martin, 349-8232
SUBJECT A06-0001 (Cole Ranch Annexation)
Consider adoption of an ordinance on second and final reading to voluntarily annex approximately
3,406 acres into the corporate city limits of the City of Denton, Texas. The property is bounded by
Tom Cole Road to the north. FM 2449 bisects the property near the center of the development and
John Payne Road is the eastern boundary south ofFM 2449. Underwood Drive is on the eastern side of
the property north ofFM 2449. The property is bounded on the west by H. Lively Road/C. Wolfe Road
and extends to the south a distance of approximately 6,500 linear feet from FM 2449. The property to
be annexed is generally located in the southwestern area of the City of Denton's Extraterritorial
Jurisdiction (ETJ). The Planning and Zoning Commission recommends the annexation proceed as
presented (6-0).
BACKGROUND
Applicant: SLF Cole Property, LP
Dallas, TX
A voluntary annexation proceeding is being considered by the City of Denton for the Cole Ranch
Development. In accordance with the City's Annexation Policy Plan, approved in June 1993, the City
will "access on a case by case basis" the annexation of areas in the ETJ when significant developments
are proposed.
. The applicant, SLF Cole Property, LP, petitioned for the voluntary annexation of
approximately 3,406 acres of land into the City on January 30, 2006. The applicant is
proposing to develop a mixed-use development in four phases beginning in 2008 with a
projected completion date of 2025. The applicant introduced the mixed-use development to the
City Council in a work session on January 30, 2006.
. On February 21, 2006, staff received direction from the City Council to proceed with the
annexation.
. The City of Denton issued a letter of intent to annex to property owners on March 17, 2006.
. On March 31, 2006, neighboring property owners were notified of the voluntary annexation
with an "intent to annex" letter and official public hearing notification. To date, staff has
received no letters in opposition from property owners within 200' of the proposed annexation
area. (See Attachment 3).
. On April 18, 2006 City Council held the first of two public hearings to consider the annexation
of3,406 acres into the corporate city limits of the City of Denton, Texas.
. On May 2, 2006 City Council held the second of two public hearings to consider the
annexation of3,406 acres into the corporate city limits of the City of Denton, Texas.
. The Denton City Council heard the first reading of the ordinance on May 23,2006.
. On May 26, 2006 the Planning and Zoning Commission voted to recommend the annexation
proceed as presented.
. The Comprehensive Plan identifies this area to be within Rural Areas, Industrial Areas,
Regional Mixed Use Centers, Employment Centers, and Neighborhood Centers land use
designations and Environmentally Sensitive Areas.
OPTIONS
1. Proceed with annexation as presented.
2. Proceed with annexation with changes.
3. Discontinue annexation process.
RECOMMENDATION
Staff recommends that the annexation proceed on schedule.
PRIOR ACTION/REVIEW
. Application Date
. DRC Review
. 1 st CC Public Hearing
. Planning & Zoning Public Hearing
. 2nd CC Public Hearing
. 1 st reading of the Ordinance
January 30, 2006
February 9, 2006
April 18, 2006
April 26, 2006
May 2, 2006
May 23,2006
FISCAL INFORMATION
Development of this property will increase the assessed value of the city. It will require no short-term
public improvements that are the responsibility of the City.
ATTACHMENTS
1. Letter from Applicant
2. Annexation Schedule
3. Location Map
4. Service Plan
5. Service Analysis
6. Notification Map
7. P &Z Minutes
8. Ordinance
Prepared By:
~~'
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'" 4- ,,', '
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. ... -
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Lori Shelton
Planner II
Respectfully submitted:
4~
Kelly Carpenter, AICP
Planning & Development Director
.@)
ATTACHMENT 1
Letter from Applicant
iff PllnnlIII
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214 D Wilt/,.
wQf.IDI
LET1&I OF INTENT
M. T. COlE RANCH
GFF PROJECT 1041 04
JNURt.2006
The Cult HIndI ill ......,.1DI:8t8d pnaperty_1leI II! ttIII .. d.... ~....IIId..... (.1IMdy 3,,-
..-.)1I1I1g8....b........ .~ -- pIInnedi __nllrf. OiI'iIDI1fnt.... ItlhdUnld1D
lncludla ......., of........ .l8S1lIanIII1l1nc1U181l11ow1ng Ii ....d'........... ..l1li..-...... but
........ dIOlIIIJ nr.t..... 3.nd , IlII WIbfIIl:f8 (NN). -n......... diU- tIIIIIldbt -- br "\111-
~d'NIMJ'" ........2D11l11ng IIIl111til WOI.lId bed\Btilnld........ .....l.......-n.,...
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____.......-... "'1Ie~ ........dLaaD2BB..., CaIa....... ...~- at..
__......., .... ~ MiIJIdpIII Mparl.l'MIdeIt IIIIDUIt or....... ..I. - beeft .......... ~ lie
ftOIf1l!l..m priJI'Id" ......... ClOIIIIIIInI." __ of o.a's~ ....
1M tIdlIQ' CMlkd..... __ '!lilt....... COlt RlIICbcunlhi a ........... of... ....1Ind Ih8I: II .
........... of ...0'......... 1hI(lIIImN". 1hBi......., qI NDItI '- and.. CIIJ afttenkln.....
...nd! ~M__"""oI' EU*.,r C1NrHlIINn tilconIIDr. The.... .............. -.11
...-n.,.. .....lbltl puIlIc nil.,.... - ..1CCOIJ'I[IDdIII (1ft....
'nIIi.....8IIIcI~. ..- U b1l11k1uldlll y"...1iIIiwa~1III""""'" fill:
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ATTACHMENT 2
ANNEXATION SCHEDULE OF
Cole Ranch Annexation (A06-0001)
Tuesday, April 18, 2006
City Council conducts first public hearing at 6:30 PM
Wednesday, April 26, 2005
Planning and Zoning Commission public hearing
to make a recommendation to City Council
regarding the proposed annexation.
Tuesday, May 2,2006
City Council conducts second public hearing
at 6:30 PM
Tuesday, May 23, 2006
City Council conducts first reading of annexation
ordinance. (Special Called Meeting)
Tuesday, July 18, 2006
Second reading and adoption of annexation
ordinance and public hearing for zone change and
comprehensive plan amendment request. City
Council by simple majority vote takes final action
of zone change request.
ATTACHMENT 3
Location Map
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ATTACHMENT 4
SERVICE PLAN
CITY OF DENTON ANNEXATION PLAN FOR
A06-0001 (Cole Ranch - I 35 and Tom Cole Road)
I. AREA ANNEXED
The annexation area is located in the southwestern portion of Denton's Extraterritorial Jurisdiction
and contains approximately 3,406.12 acres generally located west of Interstate 35 West, south of
Tom Cole Road.
INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021,43.065, and 43.065(b)-(0) (Vernon 1999, as amended). Municipal facilities and
services to the annexed area described above will be provided or made available on behalf of the
City in accordance with the following plan. The City shall provide the annexed tract the levels of
service, infrastructure, and infrastructure maintenance that are comparable to the levels of service,
infrastructure, and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property upon the effective date of the annexation using existing
personnel and equipment. Code enforcement and animal control services will also be
provided to the property upon the effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property upon the effective date of the annexation. The
estimated emergency response time in this area is 10 minutes, which is similar to
responses for surrounding properties within the city limits. The City of Denton will
provide emergency medical services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted by
the City of Denton and/or Denton County shall be maintained by the City of Denton on
the effective date of the annexation. Installation and maintenance of street signs, street
lighting and traffic control devices will be maintained by the City of Denton on the
effective date of the annexation.
D. Parks and Recreation Facilities
Park:s and recreational facilities in the area to be annexed will begin upon the effective
date of the annexation according to the 2000 Park:s and Recreation Master Plan. No
park:s are currently located within the proposed annexation area. Denton neighborhood
park: facilities are located within reasonably close distance of the proposed annexation
area. Residents of the proposed annexation area will be able to use existing City of
Denton park: and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the annexation on the
same basis and at the same level as similar library facilities are maintained throughout
the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available on the
effective date of the annexation on the same basis and at the same level as similar
facilities are maintained throughout the City. Both services are provided on a "cost
recovery" basis, and permit fees offset the costs of services delivered. Incomplete
construction must obtain building permits from the Building Inspections Department of
the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective date of the
annexation. The Planning and Development Department currently services this
property by way of administration of the Denton Development Code of the Code of
Ordinances, concerning subdivision and land development regulations.
City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-
439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and
the subject tracts contain Neighborhood Centers, Industrial Centers, Regional Mixed Use Centers,
Employment Centers and 100 year Floodplain/ Environmentally Sensitive Areas. The Denton Plan
designates future land uses to manage the quality and quantity of growth by organizing the land use
patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as
environmental and open space corridors. The Denton Plan will be used as a basis for final zoning
classifications after the properties are annexed.
UTILITY (RATEPAYER) SERVICES
H. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid waste service
provider in the City. The Department is an entirely fee based operation and received no
resources from taxes. Solid waste collection service will be provided to the property
upon the effective date of the annexation using existing personnel and equipment.
Residential and commercial properties have the option to choose solid waste service
from a private company or the City of Denton during the first two years after the
effective date of annexation, after which the City of Denton will become the exclusive
service provider. The City of Denton Solid Waste Department will honor existing
contracts with private solid waste service providers after the effective date of this
annexation in accordance with Texas Local Government Code, Section 43.056(0)
(Vernon Supp. 2000). To receive solid waste collection service, the customer must
contact the City of Denton Customer Service Office and submit a request/application for
serVIce.
I. Water/Wastewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will begin upon the
effective date of the annexation using existing personnel and equipment. Currently, the
majority of the area to be annexed is provided with a private water well and a private
wastewater system. A City of Denton waterline exists in the annexation area. The City
shall provide a level of water and wastewater service, infrastructure, and infrastructure
maintenance that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the city with topography, land use, and
population density similar to those reasonably contemplated or projected in the area.
J. Drainage Services
Drainage maintenance will be provided to the property upon the effective date of the
annexation. The City shall provide a level of drainage services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the city with topography, land use,
and population density similar to those reasonably contemplated or projected in the
area.
K. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to provide electric
utility service to the annexation area should a request be made by a property owner.
Electric utility service will be made available on the effective date of the annexation on
the same basis and at the same level as similar facilities are maintained throughout the
city.
OTHER SERVICES
Other services that may be provided by the City, such as municipal and general administration
will be made available on the effective date of the annexation. The City shall provide a level of
services, infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of the City with
topography, land use, and population density similar to those reasonably contemplated or
proj ected in the area.
II. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities is contemplated
within the annexed area as a result of this annexation because the annexed area on the date of
annexation will have a level of full municipal services equal to other areas within the City
having similar characteristics of topography, land use, and population density. Thus, no
construction of public improvements is contemplated as a result of this annexation that would
begin within two and a half (2 lh) years after the effective date of the annexation. The City
shall consider construction of other public improvements as the needs dictate on the same basis
as such public improvements are considered throughout the City for areas having similar
characteristics of topography, land use, and population density.
UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full municipal services
to each area of the City, including the annexed area, if different characteristics of topography,
land use, and population density are considered a sufficient basis for providing different levels
of service.
TERM
This service plan shall be valid for a term often (10) years. Renewal of the service plan shall
be at the discretion of City Council.
AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that
changed conditions or subsequent occurrences mak:e this service plan unwork:able or obsolete.
The City Council may amend the service plan to conform to the changed conditions or
subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon
Supp. 2000).
F
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ATTACHMENT 5
Service Analysis
ANNEXATION REQUEST
SERVICE AREA ANALYSIS
A06-000 1
The Planning and Development Department has received a request for annexation of:
3,406.12 acres on the west of Interstate 35 West, south of Tom Cole Road. See attached
map.
Size.
3,406.12 acres
Location.
West of Interstate 35 West, south of Tom Cole Road. The property is
bounded by Tom Cole Road to the north. FM 2449 bisects the property
near the center of the development and John Payne Road is the eastern
boundary south of FM 2499. Underwood Drive is on the eastern side of
the property north of FM 2449.
Proposed use.
Mixed use development consisting of residential, commercial,
recreational, and industrial uses.
Proposed zoninq. Default Rural Development-5 (RD-5) until zoning component is finalized.
The purpose of the service area analysis is to determine how the city would provide services
to the area should it be annexed into the city. A service area analysis form is attached.
Please provide the requested information and any other pertinent information. To determine
the city's ability to provide services to the proposed area it is necessary to document:
. each department's existing capacity to provide an adequate level of service to the
proposed area;
. additional personnel and capital equipment/facilities necessary to provide an adequate
level of service to the proposed area; and
. cost of providing additional service.
Existing Conditions:
Proximity to existing arterial and collector roads. Several rights of way traverse the
property and the property is bounded by Tom Cole Road to the north, John Payne Road
on the east, Underwood Drive on the east, and C. Wolfe Road on the west.
Existing land use: Currently the vast majority of the property is undeveloped. One
occupied residence exists on the property.
Prominent natural features: The Environmentally Sensitive Areas map of the Denton Plan
shows this property lies within a stream buffers area and Riparian Habitat. This property is
affected by the 100 year floodplain, in the northeastern portion of the site.
Proximity to other service providers: This property is along the western border of the City of
Denton, solely within the City of Denton'
Thank you for your consideration of this request. Please submit any other information that
you believe is pertinent to evaluate the provision of services to this area to Lori Shelton in the
Planning and Development Department by March 17, 2006 and call 349-7274 if there are any
questions. The annexation request/petition is scheduled for the April 18, 2006 City
Council Agenda.
Location Map of the Proposed Annexation
wo.fI "'"
Legend
CIy~
_ PIqaed COlI RInch
SERVICE ANALYSIS
A06-0001
Fire
1. Fire and Emergency Medical Services can be provided to the area from station(s)
# 3 , located at 135E and McCormick
2.
Estimated response time.
10 minutes
3.
Appropriate response time in the City.
5 minutes
4.
Is a new fire station approved in the CIP that could serve this area? yes
what is the CIP program year? 2007
If yes,
5. Will a new fire station be requested in upcoming CIP proposals to serve this area?
no . If yes, when should this station be operational? NA
6. Total estimated funding for equipment, employees and/or facilities needed to serve
this area strictly based on annexation and proposed development.
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required?
20.000
Is there an accepted facility/equipment to population ratio that can be used for
planning purposes?
20.000
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? 1 for 1.000
Additional Comments: The area would be covered bv existinq fire equipment and personnel.
The addition of Station Seven will help this area tremendouslv.
Rick Jones
Person to contact if there are questions
March 20. 2006
Date
SERVICE ANALYSIS
A06-0001
Parks and Recreation
What neighborhood park and recreational facilities are currently serving this area or
are capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. The closest Denton Parks properties to the
proposed annexation area are Robson Ranch Park. 75 miles to the west, and the
Vintaae-Roark Branch creek open space, 1 mile to the east across 1-35E. Current
residents will be able to use existina City of Denton parks, facilities and proarams.
1. What projects and/or equipment will be needed to adequately serve this area if
annexed and/or development based on the parks and recreation master plan or similar
standards? The 2000 Denton Park and Recreation Master Plan does extend to the
aeneral area of the proposed annexation. Existina is an open space park at Robson
Ranch Development near Livelv Road. Base on information provided bv the
Developer, 12,000 residential units may be constructed. This equals into
approximatelv 84 acres of new parkland. As neiahborhood subdivision development
occurs, neiahborhood parks and community parks with athletic facilities will be
necessary.
2.5 acres per 1 ,000 population. (to be dedicated at time
of development)
5 acres minimum size.
Neiahborhood Park Development cost per acre is
approximatelv $60,000.
Neighborhood Parks:
Community Parks:
3.0 acres per 1 ,000 population.
30 acre minimum
2. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area? None required for Parks at this time. However
additional mowina for street riaht of ways will be needed. Annual cost for street riaht
of way mowina for 5 cvcles is estimated at $4,302.00 for the 8.66 miles or 20.99 acres
of new riaht of way mowina areas to come into the city.
Service Standard:
Based on $41.00 per acre per mowina cvcle.
3. How many additional personnel would be needed to properly serve this area if
annexed and developed? No additional personnel for Parks maintenance required at
this time. However additional resources will be required for road riaht of way mowina
alona FM2449, Livelv Road, Tom Cole Road, John Paine Road, Westcourt Road,
Underwood Road. and Sprinaside Road.
Additional Comments: Denton Parks and Recreation Department will attempt to coordinate
placement of park facilities proposed for development bv the developer or use funds from the
Park Land Dedication requirements to purchase or expand existinq parks within the service
area of this development.
Bob Tickner. Superintendent of Park Planninq and Development
Person to contact if there are questions Date: 3-17-06
SERVICE ANALYSIS
A06-0001
Police
1. Estimated average response time for this area based on current department
conditions:
Priority 18 minutes
Non-priority 35 minutes
Average 23 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 11 minutes
Non-priority 27 minutes
Average 19 minutes
3. If annexed and developed as proposed will additional personnel be needed as a
specific result of this proposal? Yes If yes, how many? What type? 4 Patrol
officers would allow for continuous coveraqe of the area on each shift
4.
Will additional equipment and funding be needed to serve this area?
yes, what type?
No
If
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? No If yes, when should the new
facilities be operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? It is not
anticipated that this development would require another police facilitv.
Is there an accepted facility/equipment to population ratio that can be used for
planning purposes? No
Is there an accepted officer to population ratio that can be used for planning
purposes? Currentlv. 1.79 Officers per 1.000 residents
Additional Comments:
Lt. Lenn Carter
3/15/06
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0001
Library
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development. The
proposed annexation will have no direct impact on library services provided bv the
three branches in the City of Denton.
3. At what population level would another library facility be required? 131.738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 8.04 per capita
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 1.0 / 2.500
6. If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? Yes
7. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
Additional Comments:
Eva Poole. Director of Libraries
Person to contact if there are questions
March 17. 2006
Date
SERVICE ANALYSIS
A06-0001
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation?
Yes
2. Is commercial solid waste service available to the proposed area for annexation?
Yes
3. What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance.
Personnel.
Initiallv. with one residence. $16.50 / month
A portion of one emplovee's time
4. What is the typical revenue collected per:
Household.
Commercial Business
$16.50 per month
$68 to $108 per month dependina on container size
5. Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment.
Cost of Equipment.
No additional emplovees will be needed
Not Applicable
6. Will additional employees be needed to serve this area if annexed or developed?
Type of Employees.
Number of Employees.
No additional emplovees will be needed
Not Applicable
Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? Too variable to
establish
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
Scott Lebsack x 8069
Person to contact if there are questions
March 1. 2006
Date
SERVICE ANALYSIS
A06-0001
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
Denton Municipal Electric has transmission service at the Denton West Interchanae
located on the south side of FM 2449. Denton Municipal Electric has distribution lines
at Tom Cole Road and West Court.
2. What type of lines and facilities would be required to serve this area?
Denton Municipal Electric would have to construct distribution facilities to the area.
Dependina on electrical lad a distribution substation would ultimatelv be constructed at
the Denton West Interchanae.
3. Are any new lines or facilities proposed for construction to serve this area?
None at this time.
4. Are there any potential responsibilities if this area is annexed?
With annexation. the City of Denton would provide street liahtina and electric utilitv
service accordina to the Denton Municipal Electric Service Standards.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? Electric Load
Dependent. not population
Is there an accepted equipment to population ratio that can be used for planning
purposes? Not Applicable
Is there an accepted employee to population ratio that can be used for planning
purposes? Not Applicable
Additional Comments:
The Public Utility Commission of Texas determines electric service classification.
Donald L. McLauahlin
Person to contact if there are questions
March 8. 2006
Date
SERVICE ANALYSIS
A06-0001
WaterlWastewater
1 .
What is the nearest City of Denton water line?
Size of water line.
Location of water line.
Distance from proposed annexation.
16 inch
Vintaae Blvd at 1-35 W
10.100 ft
2. What is the nearest City of Denton sewer line? See attached Wastewater Exhibit
Size of sewer line.
Location of sewer line.
Distance from proposed annexation.
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines 36-inch 2010 Bonnie Brae and Corbin Road
Sewer lines
4. Are there any City of Denton lines included in the proposed annexation?
12 inch waterline in Westcourt at northeast corner of property line
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? 18.750
Is there an accepted equipment to population ratio that can be used for planning
purposes? One Crew per 18.750
Is there an accepted employee to population ratio that can be used for planning
purposes? One Emplovee per 5.770 population
Additional Comments: The size and location of this property will require a water distribution
system master plan to be prepared and submitted by the developer's engineer at the time the
property is submitted for preliminary plat review to identify how water service can be
extended from the city's existing water distribution system to serve the development. This
plan must consider existing system capacity constraints and proposed capital improvements
within the city's five-year CIP as well as proposed line extensions at the developer's expense
as well as the proposed phasing of these improvements related to the proposed phasing of
the development. The water distribution system master plan for the development must be
prepared by a licensed engineer with water distribution system modeling experience and
shall be in accordance with the city's water and wastewater design criteria manual.
The attached "Wastewater Exhibit" shows the existing and proposed sewer lines that would
serve the Cole Ranch. There is an existing 18-inch sewer line at Bonnie Brae that was
oversized to accommodate flows beyond the needs of the Vintage development. An
approximately 5,400 feet off-site extension from Cole Ranch by the developer will be required
to bring flows to the existing 18-inch sewer line from the northern tract of the development.
The southern part of the development will be served by a future sewer line in the Roark
Branch watershed and an off-site extension by the developer, as shown in the exhibit. The
sewer line sizes to serve the development will be based on yet to be determined wastewater
flows from the development. The developer will generate the wastewater flow data from Cole
Ranch. The off-site developer required sewer extensions and the future sewer lines shown in
the "Wastewater Exhibit" are currently not in the 5-year capital improvement plan. A
"Wastewater Service Agreement" must be negotiated with the developer based on the
wastewater master plan for the Cole Ranch to determine funding requirements by the
developer and the city for the construction of wastewater facilities to serve the development.
Tim Fisher
Person to contact if there are questions
March 17. 2006
Date
SERVICE ANALYSIS
A06-0001
Enaineerina and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or
upgrades?
Name and location
Underwood
Tvpe of Improvement Approximate Cost
Road maintenance to City standards Unknown - see
below
Road maintenance to City standards Unknown - see
below
Road maintenance to City standards Unknown - see
below
Road maintenance to City standards Unknown - see
below
C Wolf
Tom Cole
John Payne
The County bridqes at John Payne Road at Roark Branch and at Tom Cole Road at
Hickorv Creek were recentlv reconstructed bv Denton County under the Texas Oept.
of Transportation Off-System Bridqe Replacement Proqram. Bridqe Replacement is
needed at Underwood Road at Hickory Creek. This bridqe qualifies for replacement
under the present Texas Oept. of Transportation Off-System Bridqe Replacement
Proqram. Estimated administrative costs are $25.000. excludinq riqht-of-wav
acquisition costs which are the responsibilitv of the City. The Replacement Bridqes
constructed under this proqram do not span the entire floodplain (see Additional
Orainaqe Comments below). Automated roadway flood qates will be required at two
bridqe locations. at an approximate costs of $100.000 each for a total of $200.000.
Gates are not required at the smaller John Payne Road box culverts because flows
are lower.
2. Are any of these improvements presently scheduled to be done at state or federal
expense? Yes . If yes, please identify facility and anticipated date improvements
will begin.
Bridqe Replacement needed at Underwood Road at Hickory Creek qualifies for
replacement under the Texas Oept. of Transportation Off-System Bridqe Replacement
Proqram. Estimated administrative costs to the City are $25.000. excludinq riqht-of-
way acquisition costs which are the responsibilitv of the City. The bridqe could be
reconstructed within the next 2 years.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
The developer tvpicallv funds the drainaqe improvements required to prevent adverse
impacts and downstream floodinq. consistent with the requirements of the City's
Development Code and Drainaae Criteria Manual. Drainaae culvert improvements will
be required for two crossinas at C. Wolfe Road to meet the standards of the City's
Development Code and Drainaae Criteria Manual. These culverts can be improved
when development occurs that will increase the flows to the culverts.
4. Will additional equipment and facilities be needed as a specific result of this
annexation and development? Yes . If yes, what type of equipment or facility?
1 - backhoe: 2 -12vd dump trucks: 1 - crew truck: 1- concrete saw & truck: 1 - crew of
5 men. includina hand tools. The City's existina drainaae maintenance equipment and
facilities are adequate for maintainina the annexed area in its present land use.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? Not Applicable to
determine severity of increased wear on roadways until additional traffic is applied.
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
STREETS
The streets listed above are typical chip seal type roadways of this area and
constructed for low volume, minimal truck related traffic volumes, constructed for
accessing rural farms. Other public roadways or parts thereof may also apply. It is
expected that future development will contribute to the improvements of these
roadways prior to any expected traffic volume increases. However, if any part of the
property contained within this annexation is allowed to develop prior to roadway
improvements, substantial maintenance will be required to keep these roads in
passable condition until the roadway is constructed to meet minimum City standards.
The vehicles and personnel noted above are probable needs for this maintenance.
Theses roads will also require speed studies and speed limit signing, as well as
additional signing and markings as are appropriate.
Bernard Vokoun (Streets)
03/10/2006
Person to contact if there are questions Date
DRAINAGE
There are two existing Lakes within the annexation area that were constructed by the
Soil Conservation Service (now called National Resources Conservation Service). As
the area develops, flows entering these lakes will be increased, the dam safety hazard
classifications for these lakes may be re-classified to high hazard status. TCEQ
requires the lake owners to conduct annual dam safety inspections for high hazard
dams. The lake owners would also be responsible for spillway improvements,
maintenance and repairs to the dam structures to comply with the TCEQ dam safety
requirements. The City would assume these responsibilities if these lakes were
acquired with a golf course or recreational area as City parkland. Costs cannot be
predicted, but can be quite expensive (exceeding $1,000,000 each) for studies design
and construction of larger spillway structures and seepage control systems for dams of
this size. Clear zones downstream from these lakes across the Cole Ranch can be
established to prevent these dams from being classified as high hazard dams.
Residential and commercial development would not be allowed in the zones, because
the areas would flood if a dam breach occurred. These dams cannot be removed
because they currently provide the benefits of reducing downstream sedimentation
and flooding in the Hickory Creek drainage basin through the City. The ownership
and maintenance responsibility for these dams and clear zones must be
addressed during the conceptual master-planning phase for the entire
development.
To construct new bridges spanning the approximately 1 ,500-feet wide floodplains at
the Underwood Road and Tom Cole Road locations would cost more than $6,000,000
each. The hydraulic capacity of the new multiple box culvert structure at John Payne
Bridge has not been evaluated by the City at this time. The smaller John Payne culvert
can be improved by the developer as required by the City's Development Code.
Additional culverts could be added to the existing structure. The City should
consider planning a CIP Program and funding mechanism to construct new
bridges spanning the floodplains at Underwood Road and Tom Cole Road in the
future if this annexation is successful.
Edward Witkowski (Drainage)
03/17/2006
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0001
Denton Independent School District
Education services are currently provided by:
Denton ISO and Ponder ISO
1. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
2. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
Estimate additional funding needed strictly based on proposed annexation and
development. Will projected school taxes from this development provide that
additional funding?
3. Please comment on the cumulative impact of annexation and development.
4. At what population level would other school facilities be required for the City of
Denton?
5. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Additional Comments:
Gene Hollowav
Person to contact if there are questions
Date
................................................................................................................................................................
................................................................................................................................................................
................................................................................
................................................................................
...................................................................................^
YlAfi_~~~::il.1
A TT ACHMENT 6
Notification Map
WOLFE RUN
LEGEND
D Palms
_ PIqJosed AnrEGltion Area
c::J 200_ feet_radius _ bndy
c::J 500_ feet_radius _ bndy
_ cole_ranch _ bndy
A06 - 0001
o
Feel:
750 1,511] 3,[11)
Public Newspaper
Notification Date: April
2,2006
200' Legal N otices* sent
via Certified Mail: 27
500' Courtesy Notices
mailed: 28
Number of responses to
200' Legal Notice:
In Opposition: 0
In Favor: 0
· Neutral: 0
ATTACHMENT 7
CondenseIt TM
Page 145 Page 147
1 COMMISSIONER STRANGE: The next item is to 1 right. Okay. Any other questions? lVIr. Roy.
2 hold a public hearing and consider making a recommendation 2 COMMISSIONER ROY: Lori, do we have any
3 to City Council regarding a voluntary annexation and 3 kind of concept plan on this site or anything that tells
4 service plan for approximately 3,406 acres. Ms. Shelton. 4 us what it would look like?
5 MS. SHELTON: The Cole Ranch annexation is 5 MS. SHELTON: we -- they originally
6 a voluntary annexation of approximately 3 ~ 406 acres 6 submitted with the annexation plan 8: zoning plan. We--
7 located in the southwestern area of Denton f s 7 they have opted instead of going forward with zoning to
8 extraterritorial jurisdiction or ETJ as shown here on the 8 wait until we are working on a master plan zoning
9 location map. A voluntary annexation proceeding is being 9 ordinance for these large properties. So it will be
10 considered by the City of Denton for the Cole Ranch 10 brought into. the City as the RD-5, which I believe is the
11 Development in accordance with the City's annexation 11 default zoning. The concept plan is not unlike the future
12 policy plan approved in June of 1993. The City will 12 land use plan, quite honestly. Let me see. Basically,
13 access on a case by case basis the annexation of areas in 13 they are depending upon the -- right through this area
14 the ET J when significant developments are proposed. The 14 will be the annexation of Loop 288 so they are showing
15 applicant~ SLF cole Property petitioned for the voluntary 15 commercial development along that area which is also the
16 annexation of approximately 3,400 acres of land into the 16 fourth and last -- pardon me, it is late -- phase of the
17 City on January 30th, 2006. The applicant is proposing a 17 development.
18 mixed use development in four phases beginning in 2008 18 The first phase is shown to be down in this
19 with a projected completion date of 2025. 19 area south of 2499 which will be basically single family
20 The applicant introduced the mixed use 20 residential. They are proposing locations for three
21 development to the City Council in a work session on 21 elementary schools. They r ve been working with the school
22 January 30th, 2006. Our Comprehensive Plan identifies 22 district and that should have been in the backup of -- no,
23 this area to be within rural areas, industrial areas, 23 the school district did not respond to my inquiries.
24 regional mixed use centers, employment centers, 24 A1so~ there is floodplain that goes right straight through
25 neighborhood centers, land use designations and 25 this portion. They've been working with UNT to put in a
Page 146 Page 148
1 environmentall y sensitive areas. 1 golf course in that area. So those are some of the uses.
2 lbis notification map shows the area around 2 This area right adjacent to the municipal airport will be
3 the Cole Ranch property that was notified. We have -- 3 indu.strial-type uses.
4 Itve received. no written responses from any of those 4 COMMISSIONER ROY: I see that in their
5 people. I've answered many phone calls, just basic 5 letter, in their file of January 26th, 2006, they talk
6 inquiries. And staff recommends that the annexation 6 about an NR-3 residential density.
7 proceeds on schedule. And I'll take any questions. 7 MS. SHELTON: Yes, sir. That was -- I
8 COMMISSIONER STRANGE: I've got one 8 didn't want to confuse things, but obviously, that didnft
9 question. I know that when we just entertained a similar 9 work. The NR.3 n all of the single family proposed which
10 -- not necessarily a voluntary annexation but a different 10 is also up in this area as well as on the southern portion
11 annexation case recently we had this uninterrupted 11 is NR-3.
12 corridor to attach to the land. Is that an issue on this 12 COMMISSIONER ROY: DO you recall the zoning
13 property? 13 or the -- would it be NR-3 or 4 or 6 or wbat in Robson
14 MS. SHELTON: It is not. Let me see if I 14 Ranch? I suspect ifs more than NR-3.
15 can get a better map. lbis abuts to Robson Ranch here on 15 MS. SHELTON: That was a planned
16 the south - - that' s not helping. This is all city limit 16 development~ so it wasn r t straight zoning, so I don r t know
17 lines. 17 what that density was.
18 COMMISSIONER STRANGE: okay. 18 COMMISSIONER ROY: But this is not intended
19 MS. SHELTON: So the only part -- this will 19 to be a senior --
20 be outside city limits and this will, so itts already 20 MS. SHELTON: NO, sir.
21 abutting to Denton Municipal Airport, all of this area is 21 COMMISSIONER ROY: This is a different
22 in the city limits, so it's -- abuts on many sides. 22 concept development it sounds like?
23 COMMISSIONER STRANGE: I see on that map 23 MS. SHELTON: Yes. Therets been no
24 it! s in dark. I just diOO' t see that we have a specific 24 indication from them that it will be senior or any, you
25 map on that so I just wanted to make sure that that was 25 know~ niche market.
PLANNING AND ZONING MINUTES APRIL 26, 2006
P.age 145 - Page 148
CondenseIt TN!
Page 149
1 COMMISSIONER ROY: Thank you.
2 COMMISSIONER STRANGE; AnY other questions
3 of staff? Okay. Thank you. This is a public hearing.
4 We'll open the public hearing. Do we have any cards on
5 this item? We only have one possible person. Do you want
6 to speak?
7 UNIDENTIFIED SPEAKER: NO, sir. rm just a
8 graduate student at UTA. pve been assigned to attend.
9 COMMISSIONER STRANGE: All right. Well, it
10 was a good assignment tonight. You got to listen to a lot
11 of things.
12 UNlDENTIFlED SPEAKER: Yeah, it was
13 interesting.
14 COMMISSIONER STRANGE: Pretty interesting.
15 You'll have a good report to give somebody. Okay. If no
16 one wishes to speak werll close the public hearing. Do we
17 bave a motion on this item?
18 COMMISSIONER HOLT: I move recommendation.
19 COMMISSIONER STRANGE: DO we have a second?
20 COMMISSIONER GUZMAN-RA.MON: second.
21 COMMISSIONER STRANGE: we have a motion by
22 Mrs. Holt and a second by Mrs. Guzman-Ramon. Any
23 discussion? Please vote. And the vote passes 6-0.
24 That was the final itelll on our posted
25 Agenda. .Are there any future Agenda items or any other
Page 150
1 items that need to come before the Commission tonight? If
2 not, we will adjourn at 10: 1 7.
3 (End of proceedings.)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.PLANNING AND ZONING MINUTES APRIL 26, 2006
Page 149 - Page 150
S :\Qur Documents\Ordinances\O 6\A06-O 00 l.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXII\1ATELY
3,406 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED WEST OF
INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE
ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF THE
PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF
FM 2449, AND UNDERWOOD NORTH OF FM 2449; BEING A PORTION OF THOSE
CERTAIN PLATS CALLED IN J~ W~ KJELLBERG SURVEY, ABSTRACT NO. 1610, THE
JAMES MCDONALD SURVEY, ABSTRACT NO. 873, THE I.W~ BYERLY SURVEY,
ABSTRACT NO. 1458, THE J~ DALTON SURVEY, ABSTRACT NO. 353, THE J. A. BURN
SURVEY, ABSTRACT NO~ 132, THE T. & P. R. R., ABSTRACT NO. 1292, THE A. C.
MADDEN SURVEY, ABSTRACT NO. 851, THE I. N. HEMBREE SURVEY, ABSTRACT
NO~ 594, THE J. BACON SURVEY, ABSTRACT NO. 1540, THE WM~ NEILL SURVEY,
ABSTRACT NO~ 970, THE B~ B. B~ & C.R~R. CO~ SURVEY, ABSTRACT NO. 176, THE T~
E. CARRUTH SURVEY, ABSTRACT 1707, BEING A SURVEY OF PART OF THE 562~8
ACRE "FIRST TRACT", A SURVEY OF THE 798.2 ACRE "SECOND TRACT", A SURVEY
OF PART OF THE 640 ACRE "THIRD TRACT" DESCRlBED IN A DEED FROM T~ E.
CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN
VOLUME 238, PAGE 410, A SURVEY OF PART OF THE 415 ACRE TRACT DESCRlBED
IN A DEED FROM RUDY COPELAND AND WIFE, MARY A. COPELAND TO M. T.
COLE, DATED SEPTEMBER 26,1933, RECORDED IN VOLUME 243, PAGE 572, BOTH
DEEDS OF THE DENTON COUNTY ~EED RECORDS, THE S. PAINE SURVEY,
ABSTRACT NO. 1035, THE M. PAINE SURVEY, ABSTRACT NO. 1036, THE GEORGE
WEST SURVEY, ABSTRACT NO. 1393, THE B~ B. B. & C.R.R. CO~ SURVEY, ABSTRACT
NO. 176, THE E.N. OLIVER SURVEY, ABSTRACT NO. 989, THE J. T. EVANS SURVEY,
ABSTRACT NO~ 411, THE C~ MANCHACA SURVEY, ABSTRACT NO. 789, THE G~ w.
PETTINGALE SURVEY, ABSTRACT NO. 1041, THE J. W. KJELLBERG SURVEY,
ABSTRACT NO. 1610, BEING A SURVEY QF PART OF 1.086 ACRE TRACT DESCRIBED
IN A DEED FROM MAURINE P. MYERS, ET AL TO M. T. COLE TRUST NO~ 1,
RECORDED IN VOLUME 1 018, PAGE 453, BEING A SURVEY OF PART OF THE 562.8
ACRE "FIRST TRACT" DESCRlBED IN A DEED FROM T~ E. CARRUTH, ET AL TO M. T.
COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A .
SURVEY OF THE 640 ACRE TRACT DESCRlBED IN A DEED FROM T~ E. CARRUTH, ET
AL TO M~ T. COLE, DATED JANUARY 4, 1935, RECORDED IN VOLUME 250, PAGE 121,
A SURVEY OF THE 429 0/4 ACRE TRACT DESCRIBED IN A DEED FROM T. E.
CARRUTH, ET AL TO M. T. COLE, DATED MARCH 28, 1936, RECORDED IN VOLUME
256, PAGE 285,OF THE LIS PENDENS ,~.RECORDS OF DENTON COUNTY, TEXAS;
DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A06-0001)
WHEREAS, on or about January 30, 2006, the property owner, SLF Cole Property, LP,
(the "Petitioner") petitioned for voluntary apnexation of approximately 3,406 acres of real
property located in the extraterritorial jurisdiction of the City of Denton, Texas legally described
in Exhibit "A", attached and incorporated here'~n by reference (the "Property"); and
WHEREAS, on or about April 26, 2006, the Plarming and Zoning Commission
recommended approval of the armexation; and
WHEREAS, the City Council finds that the Property contains fewer than 100 separate
tracts of land on which one or more residential dwellings are located on each tract; and
WHEREAS, this armexation is voluntary and is being made under Subchapter C-l of
Chapter 43 of the Texas Local Government Code; and
WHEREAS, the City Council finds that all required notices were given in the time and
manner required by law; and
WHEREAS, public hearings before the City Council were held in the Council Chambers
on April 18, 2006, and May 2, 2006, (both days being on or after the 20th day but before the 40th
day of the date of the institution of the proceedings) to allow all interested persons to state their
views and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting "of the City Council May 23, 2006; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on May 28, 2006, after armexation proceedings were instituted and 30
days prior to City Council taking fmal action, as required by City Charter; and
"f
WHEREAS, the City Council finds that the annexation will allow the city to ensure
development 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 Property is hereby armexed to the City of Denton, Texas.
SECTION 3.. The service plan, a copy of which is attached hereto and made a part
hereofby reference as Exhibit "B" (the "Service Plan"), and which provides for the extension of
municipal services to the Property, is approved as part of this ordinance. The Service Plan was
made available for public inspection and explanation to the inhabitants of the area being armexed
at the above described public hearings~
SECTION 4~ Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully
2
annexed regardless of whether any other part of the Property is declared not to be lawfully
annexed into the City~ If any part of.the Property is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within the City of .
Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as
if the excluded area were expressly described in this ordinance~
SECTION 5: This ordinance shall become effective immediately upon its passage and
approvaL
PASSED AND APPROVED this the ~ day of
, 2006~
PERRY MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.'
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ SNYD2R;-eITY-ATTO
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EXHIBIT "A"
4
THENCE South 880 53' 58" .East, with the south line of said 31.107 acre tract,
1499.78 feet to an Y2-inch .iron pin found at the south.east corner of said 31 .107 acre
tra ct;
THENCE North 070 10' 06" West, with the east line of said 31.107 acre tract,
1009.80 feet to an 'Y2-inch iron pin found at the northeast corner of said 31.107 acre
tract; same being the southeast corner of said 13.89 acre tract;
THENCE North 010 06' 57'. East, with the east line of said 13.89 acre tract and
an east line of said 24.73 acre tract 699~98 feet to an Y2-inch iron pin found at an i.nside
corner of said 24.73 acre tract;
THENCE South 880 52' 57.' East, w.ith a south line of said 24.73 acre tract,
144.76 feet to an "Y2-inch iron pin found at the east-southeast corner of said 24.73 acre
tra ct;
THENCE North 010 0415111 East, with the east line of said 24.73 acre tract,
629.19 feet to an Y2-inch iron pin found at the northeast corner of said 24.73 acre tract;
THENCE North 890 25' 26" East, with the south line of the Southeast Airport
Addition recorded in volume G, page 295 of the Denton County Plat Records, 1534.00
feet to an %-inch iron pin found at the southeast corner of said Airport addition, in the
center of Westcourt Road(north-south asphalt road);
THENCE South 000 38' 2511 West, with an east line of said 415 acre tract and
generally with the center of said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin
found at an inside corner of said 415 acre tract;
THENCE North 890 48' 14" East, generally along Spring Side Road, 870.00 feet
to an Y'2-inch iron pin found at the northwest corner of the 10 acre tract recorded in
volume 971, page 251;
THENCE southerly along the east side of Underwood Road(north-south asphalt
road) as follows:
South 000 11' 34" East, 646.53 feet to a 5-inch pipe corner post;
South 000 48' 00.' East, generally near a fence for part of the way, 645.16
feet to a 5-inch pipe corner post;
. South 000 41' 32" East, 547.42 feet to a 5/8-inch iron pin found at the
north-northwest corner of the 76.768 acre. tract recorded in volume 1166,
page 235;
South 000 00' 11" West, with a west line of said 76.768 acre tract and
generally near a wood fence .for part of the way, 344.00 feet to an 'Y2-inch
iron pin set at an inside corner of said 76.768 acre tract;
THENCE South 890 581 1111 West, with a north line of said 76.768 acre tract and
crossing said Underwood Road, 125.00 feet to an Y2-inch iron pin set at the west-
northwest corner of said 76.768 acre tract;.'
TH ENCE South 000 151 4211 East, with the west line of said 76.768 acre tract and
on the west side of said Underwood R.oad, passing the southwest corner of said 76.768
acre tract and continuing in all, 1561.35 feet to an 'Y2-inch iron pin found near said
Underwood Road; same being the north-northwest corner of the 96.85 acre tract
recorded in clerk's file no. 98-117450;.
THENCE South 010 54' 54" West, with a west line of said 96.85 acre tract and
generally with said Underwood Road, 1205.51 feet to an one inch iron pin found at the
5
an inside corner of said 96.85 acre tract; same being the southeast corner of said 415
acre tract; same being where said road turns west;
THENCE North 890 27' 331' West, with the south line of said 415 acre tract and
generally with the center of said Underwood Road, 1362.76 feet to an %-inch iron pin
set at the east-southeast corner of the 18.726 acre "Tract II" recorded in volume 489,
page 551 of the right-of-way of Farm Road No. 2449;
THENCE North 000 28' 37" East, with the east line of said 18.726 acre tract and
the right-af-way line of said Farm Road No. 2449, 45.00 feet to an "Y2-inch iron pin set at
the northeast corner of said 18.726 acre tract;
TH ENCE with the north line of said 18.726 acre tract, the north right-af-way line
of said Farm Road No.. 2449 and generally near a fence as follows:
North 890 31' 23" West, 2944.7.5 feet to an %-inch iron pin set;
South a90 461 3711 West, 7200.01 feet to an Y2-inch iron pin set;
North 840 30' 4511 West~ 100.50 feet to an %-inch iron pin set;
South 890 46' 37" West, 200..00 feet to an ~-inch iron pi.n set;
South 840 03' 5911 West, 1 OO~50 feet to an Y2-inch iron pin set;
South 890 46' 3711 West, 678.22 feet to an %-inch iron pin set;
North 440 49' 3811 West, 39.98 feet to an %-inch iron pin set at the
northwest corner of said 18.726 acre tract; same being in the east line of
said C. Wolfe Road;
THENCE North 000 3D' 5611 East, with the east line of said C. Wolfe road and
generally near a fence, 1353.53 feet to an :~-inch. iron pin set;
THENCE North a90 32' 13" West, 17~ 14 feet to an ~-inch iron pin set in the
center of said C. Wolfe road, in the west line of said 798.2 acre tract;
THENCE North 000 32' 1511 East, with the west line of said 798.2 acre tract and
generally with the center of said C. Wolfe Road, 6972.35 feet to the PLACE OF
BEGINNING and containing 2049.00 acres.
South Tract
DESCRIPTION 1357.12 ACRES
SITUATED in Denton County, Texas in the S. Paine survey, abstract no. 1035,
the M. Paine survey, abstract no. 1036, the George West survey, abstract no. 1393, the
B. B. B. & C.R.R. Co. survey, abstract no. .176, the E.N. Oliver survey, abstract no. 989,
the J.. T. Evans survey, abstract no. 411, the C. Manchaca survey, abstract no. 789, the
G. W. Pettingale survey, abstract no. 1041., the J. W. Kjellberg survey, abstract no.
1610, being a survey of part of 1.086 acre tract described in a deed from Maurine P.
Myers, at al to M. T. Cole Trust NO.1, recorded in Volume 1018, Page 453, being a
survey of part of the 562.8 acre ~~First tract" described in a deed from T. E. Carruth, at al
to M. T. Cole, dated December 22, 1931, .recorded in Volume 238, Page 410, a survey
of the 640 acre tract described in a deed from T. E. Carruth, et al to M. T. Cole., dated
January 4, 1935, recorded in Volume 250, Page 121, a survey of the 429 % acre tract
described in a deed from T~ E. Carruth, et al to M. T. Cole, dated March 28, 1936,
recorded in Volume 256, Page 285, all deeds of the Denton County deed records, being
described by metes and bounds as follows:
.6
BEGINNING at an %-inch iron pin set in a broke off Bois d'arc corner post at the
southwest corner of said 640 acre tract; same being in the east line of the 320.350 acre
tract recorded in clerk's file no. 99-67258; ,
THENCE North 000 351 1511 East, with the east line of said 320.350 acre tract and
generally near a fence, 3057.12 feet to a 5/8-inch iron pin found at the northeast corner
of said 320.350 acre tract;
THENCE North 890 231 04" West, with the north line of said 320.350 acre tract,
153..52 feet to an 'Y2-inch iron pin set in the. west line of said 1.086 acre tract; same
being on the east side of H. Lively Road (rock road); .
THENCE northerly with the east side of said H. Lively Road, with the west line of
said 1 .086 acre tract and generally near a fence as follows:
North 490 111 1911 East, 31.80 feet to an 12-inch iron pin set;
North 060 29' 42'1 East, 103.71 feet to an %-inch iron pin set;
North 070 48' 1211 East, 90.24 feet to an %-inch iron pin set;
North 190 361 29" East, 83.19 feet to an }'2-inch iron pin set;
North 170 17' 59" East, 221.61 feet to an 'Y2-inch iron pin set at the
northwest corner of said 1 .086 acre tract;
THENCE South 890 52' 01" East, with the north line of said 1.086 acre tract,
17.07 feet to an 'Y2-inch iron pin found at the northeast corner of said 1 .086 acre tract;
same being in the east line of the 160.939.acre tract recorded in volume 1300, page
933;
THENCE northerly with the east line of said 160.939 acre tract, the east side of
said H. Lively road and generally near a fe.nee as follows:
. North 000 481 4511 East, 72.34 feet to an ;;2-inch iron pin found;
North 000 23' 31" East, 2695~55 feet to an ~-inch iron pin set in the south
right-af-way line of Farm Road No. 2449;
THENCE easterly with the south right-af-way line of said Farm Road No. 2449
an.d generally near a fence as follows:
North 450 10' 52" East, 41 ~58 feet to an %-inch iron pin set;
North 890 46' 37" East, .679.48 feet to an Y2-inch iron pin set;
South 840 301 4511 East, 100.50 feet to an ~-inch iron pin set;
North 890 46' 37" East, 200.00 feet to an aDd nail set in top of a wood
right-af-way marker; .
North 840 031 59" East, 1 OO~50 feet to an %-inch iron pin set;
North 890 46' 37" East, 1462.48 feet to an %-inch iron pin found at the
northwest corner of the 18~28 acre tract recorded in volume 5, page 709 of
the Lis Pendens records of Denton County, Texas
TH ENCE South 000 16' 1311 East, with an west line of said 18.28 acre tract and
generally near a fence 711.07 feet to an Y2-inch iron pin found by a corner post at the
southwest corner of said 18.28 acre tract; .)
THENCE North 890 45' 23" East, with the south line of said 18.28 acre tract and
generally near a fence, 1119.68 feet to an ;t2-inch iron pin found by a corner post at the
southeast corner of said 18~28 acre tract;
THENCE North 000 12' 56" Westf with the east line of said 18.28 acre tract and
generally near a fence, 710.67 feet to an ~-inch iron pin set at the northeast corner of
said 18.28 acre tract, in the south right-af-way line of said Farm Road No. 2449;
:7
THENCE North 890 46' 37" East, with the north right-af-way line of said Farm
Road No~ 2449 and generally near a fence, 4616.62 feet to an %-inch iron pin set in an
east line of said 562.8 acre tract;
THENCE South 000 09' 33'. West, with an east line of said 562.8 acre tract and
generally with the center of a rock road 1652.60 feet to an %-inch iron pin set at the
south-southeast corner of said 562.8 acre tract, where said road turns to the west;
THENCE North 890 28' 35" West, with the south line of said 562.8 acre tract and
generally with the center of said rock road, 254.68 feet to an %-inch iron pin set in place
of a 6Dd nail found at the north-northeast corner of said 429 % acre tract;
THENCE South 000 24' 30" West, with an east line of said 429 % acre tract and
generally near an old fence, 2169.07 feet to a Bois d'arc corner post found at the inside
corner of said 429 % acre tract;
THENCE South 890 56' 06" East, with a north line of said 429 % acre tract and
generally near the evidence of an old fence,. passing an %-inch iron pin set by a corner
post at 3125.59 feet and continuing in all, 3151.06 feet to a point on the west edge of
John Paine Road(north-south rock road); same being in a west line of the 2329.49 acre
tract recorded in clerk's file no. 98-117450.;
THENCE South 000 33' 24" West, with a west line of said 2329.49 acre tract and
with the west edge of said John Paine Road, 2545.07 feet to an %-inch iron pin found at
the southeast corner of said 429 % acre tract and an inside corner of said 2329.49 acre
tra ct;
THENCE North 890 47' 59" West, with the south line of said 429 % acre tract, a
north line of said 2329.49 acre tract and generally near an old fence, 5406.60 feet to a
Bois d'arc comer post found at the southwest corner of said 429 % acre tract and a
northwest corner of said 2329..49 acre. tract;
THENCE South 010 59148" West, \t\(ith a west line of said 2329.49 acre tract and
generally near a fence, 92.25 feet to a Bois d'arc corner post found at an inside corner
of said 2329..49 acre tract and the southeast corner of said 640 acre tract; an one inch
iron pipe found bears South 870 45' 56" East, 3..46 feet;
THENCE North 890 3D' 24" West, ~ith the south line of said 640 acre tract, a
north line of said 2329.49 acre tract and generally near an old fence for most of the way,
5806.65 feet to the PLACE OF BEGI N N I NG and containing 1357.12 acres.
CERTI FICA TION:
I, hereby certify that I made the survey on the ground on August 10, 2004, on the herein
described tract shown hereon and set corner stakes as reflected on the plat and that
only visible or apparent improvements on the ground are as shown on the survey; to my
knowledge, there are no visible or apparent encroachments, overlapping of
improvements or conflicts except as shown on the survey plat.
Bruce Geer, Registered Professional Land Surveyor No. 4117
1512 W. University, Suite 300
McKinney, Texas 75069
(972) 562-3959
8
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LOCATION MAP
.. 9
EXHIBIT "B"
. Service Plan
CITY OF DENTON ANNEXATION PL~ FOR
A06-0001.(Cole Ranc.h - .I 35 and Tom Cole Road)
L AREA ~'t1\1EXED
The annexation area is loc.ated in the southvllestem portion of Denton'g Extraterritorial Jurisdiction
and contains approximately .3,406~12 acres generally located west of Interstate 35 We5~ SOlIta of
Tom Cole Road~
INTRODUCTION
This. service plan has been prepared in accordance with the Texas Local Government Code:}
Sections 43~021, 43~065~ and 43~065(b)-{o) (Vernon 1999~ as amended)~ Mlmicipal facilities and
services to the annexed area described abolle will be provided or made available on behalf of the
City' in accordance with the follo\\-ring p1an~ The City shall provide the atmexed tract the levels of
sen!ice~ infrastructure, and. infrastnlcture maintenance that are comparable to the le'vels of service~
infrastructure, and infrastructure maintenance available in other parts of the city \Vith similar
topography ~ land use~ and population density.
AD v"'".AL.OREM (PROPERTY OVll\l-:ER) Tl\.X:. SERVICES
A. Police :PIl;QtecnoD, Code Enforcement, and ADimal Control
Police service, .including patrolling, response to calls, atld oHler routine functioost will
be pl1)Vided to the property upon the effecti,re date of the ~1{ation using existing
pers01mel and equipnlent Code enforCemetlt and animal control services VliY also be
provided to the property upon the effective date of the annexation~
B,_ Fire Protection
Fire protection (within the limits of existing hydrants) atld etnergency nledical services
\\ill be :provided to the. property upon tile effective date of the annexation~ The
estimated emergency response time in this area is 1 0 minute:s~ which is similar to
responses for surrounding properties within the city limits~ The City of Denton will
pro\1de .emergency medical services e.'EMS~')"
c~ Roads aDd Stl8eets
.Roads and .streets~ which have b.een proper11r platted~ duly dedicated! and accepted by
tIle C~ity of Denton and/or Denton County sl1311 be 1l1aintained b)T the City of Detlton on
the effective date of the atmexation.~ Installation and maintenance of street signs" street
lighting and traffic control devices will be maintained by the City of Denton on the
effective date of the annexation.
10
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be. annexed Vr~ill begin upon fue effective
date of the 3nue..xation according to the 2000 Parks and Recreation Master Plan~ No
parks are currently locate.d within the proposed atmexation area Denton neighborhood
pad:: facilities are located 'Within reasonably close distance of the proposed atmeXation
. area. Residents of the proposed annexation area will be able to use existing City of
Denton park and recreation facilities and programsz
E.to Library Senices
Library services \vill be Inade available on the effective date of the annexation on the
same basis and at the same level as siunlaI' libraty :facilities are .mallltained throughout
the city~
F. Building .Inspections and ComUIDfr Health Services
Building inspectidns and consumer health -services urill be made- available on the
effective date of the atl1lexation on the same basis and at the same level as similar
facilities are nIaintained throughout the (~ity~ Both services are provided on a hcost
recovery" basis~ and permit fees offset the costs of services delivere<l Incomplete
construCtiOllll11lSt obtain building permits from the Building Inspections Departnlent of
the City ofDenton~
G. Planning and Development Services
Planning and de~lelopment services will be made avtillfible on the effective date of the
annexation~ The Planning and Development Department currently services. this
property by \-vay of administration of the Denton Development Code of the Code of
Ordinances~ concerning subdivision and land development regulations.
City emmcil adopted The Denton Pla~ the city's. 1999-2020 comprehensive plan~ by Ordinance 99--
439 on December 7~ 1999. The.Future Land U:se Plan ad.dresses both land in the city and its ETJ~ and
the subject. tracts contain Neighborhood C~nters~ Industrial Centers~ Regional Mixed Use Cen~
Employment Centers and 100 year Floodplain! Environmentally Sensitive Areas. The. Denton Plan
designates future land uses to llmna.ge the quality and quantity of gro~1h by organizing the land use
pa tterns~ by tnatching land use intensity with availa hIe infrastructnr~ and by preserving floodplains as
environmental and open space corridors. The Denton Plan ~in be used as a basis for final zoning
classifications after the properties are annexe(t
.UTILITY fRA.TEPAYER) SERv~CES
H. Solid Waste CUUectiOD
The City of Denton is the exclusive residential and cOlnmercial solid waste service
provider in the City r The Department is an entirely fee based operation and received no .
resources from taxes" Solid waste collection s-ervice will be. pfOV'ided to the property
upon the effective date of the annexation using existing personnel and equipment
Residential and conunercial properties have the option. to choose solid waste smrke
from a private company or the C-ity of Denton during the first t\.vo years after the
effecfu~ date of annexation~ after which the. City of Denton \\ill become the exch1sive
service provider. The City of Denton Solid Waste Department will honor existing
contracts \Vith private solid \vaste sen,rice providers after the effective date. of this
11
annexation in accordance .witll Texas. Local Govenunent Code~ Section 43~056(o)
(Vernon Supp~. 2(00). To receive solid waste collection service~ the customer must
contact. the City of DentOll Customer Service Office and subtnit a request/application for
service~
L 'Vate.r/Waste-water Facilities
Maintenance of ""vater and waste\vater facilities in the area to be annexed that .are not
within tile service area of another \vater or wastewater utility \vi11 begin upon the
effective date of the annexation using existing .personnel and equipment. .Currently, the
maj011ty of the area. to be .annexed is provided. with a private water well and a ptivate
Vl3stewater system. A City. of Denton waterline exists in. tbe f\1111exation area The City
shall p1"O\ide a level of water .and wastewater senice~ infrastructure} and infrastructure
maintenance tliat is conlparabie to the level of se1~ices~ infrastructure~ and infrastmcture
maintenance available in other .parts of the city with topography,. land use, and
population density similar to those reasonably contemplated or .projected in the area.
J. Drainage Services
Drainage lllalntenance win be provided to the property upon the effective date of the
anllexation. The City shall provide a level of drainage services~ infrastructl1r~ and
infrastructllre maintenance that is comparable to tlre level of services, infrastructure, and
infrastructure maintenance tIVtlilable in other parts of tIle city with topography~ land. use.,
and population density similar to those reasonably contenlp1atec1 or projected in the
area..
K Electrical Sen1ces
Denton Municipal Electric is. certified by the State and is obligated to provide electric
utility senice to the amlexation area. should a request be lllade by a property owner~
Electric utility service will be made available on the effective: date of the annexation on
the same. basis and at the sa1ne level as similar facilities are: maintained throughout the
cit~;r ~
OTHER SER\tJCES
Other services that may be provided by the City, such as municipal and .general. administration
~iU be made available on t.he effective date of the annexation. The City shall provide a-level of
services~ jnfrastructure~ and infiastll1cture maintenance tlmt is comparable to the level of
~~rvices~ illfrastnlCt1lre, and infrastruc.mre maintenance available in other parts of the City witb
topography, land use, and population density similar to those reasonably contemplated. or
projected in the area.
II~ CAPITAL IMPRO\TE1MENTS PROGR.A.M (CIPl
No new construction of additional water~ sewer~ street, and drainage fucilities is contemplated
\\i.iliin the. annexed area as a result of this annexation because the .annexed .area on the date of
atmexation V\rill have a level of full municipal services equal to other areas within the City
having similar characte1istics of topography~ land use.. and population density. Thus, no
construction of public hnprovelnents is contemplated as a result of tills annexation that \vould
begin within two and a half (2 ;.1) years after the effective date of the. annexation. The City
shall consider construction of other public. improvenrents as the needs dictate on the same basis
12
as such public improvements are considered throughout: the City for areas ha"\~ similar
characteristics .of topography 7 land use~ and popttlation density ~
UNIFORM LEVEL OF SERVICES MA YNOT BE REQUIRED
Nothing in this 'plan shall :re4lrire .the City to pnn~ide a uniform' level of' full municipal seryices
to ,each area. of the City.~: including the :annexed area~: if different characteristics oftopography~
land use~ and population density are considered a sufficient basis for providing different levels
of serviceM
TERl\4:
This 'service plan shall be 'v~alid fOf a tenn. of ten (1 0) years~. Rene\"V-m of ' the service plan shall
'be at the discretion of City Council~
AMENDMENTS
The: senrice plan may be: .amended if the City Council determines at a public hearing that
.changed conditions .or subsequent OCCUJ.'I'et1ces make .this service plan nn:workable or obsolete-
The City Council may amend the sef'\rlce plan to eonfonn to the. changed conditions or
subsequent occ-urrences pu.:fE,nant to Texas Local Go~~ernment Code" Section. 43_0.56 (Vernon
SUW. 2000)~
ARE. En
.': ..' .'. '.; ;;
'!L~!'l" .
Date
13
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
Solid Waste Department
Howard Martin, 8232 ..
ICM:
SUBJECT
Consider adoption of an ordinance approving a first amendment to the Professional Services
Agreement between the City of Denton and R.W. Beck, Inc. to provide professional design and
engineering services at the City's Landfill; authorizing the expenditure of funds in the amount of
$665,500; ratifying previous actions; and providing ad effective date. The Public Utilities Board
recommends approval (6-0.)
BACKGROUND
At the City Council meeting of May 16, 2006, the City Council approved the expenditure of
funds from the Solid Waste rate stabilization reserve fund, with the intent to reimburse
expenditures from the Solid Waste rate stabilization reserve fund when the sale of the FY 2006
Solid Waste Certificates of Obligation was completed. The total value of the Solid Waste capital
projects approved by the City Council using rate stabilization reserves totaled $1,500,000.
Included within this capital funding total is a landfill engineering and design project to provide
design and engineering services at the City's landfill.
At the Public Utilities Board (PUB) meeting of May 8, 2006, the PUB recommended approval of
a professional services agreement between the City of Denton and R.W. Beck, Inc., to provide
design and engineering services at the City's landfill for the not to exceed amount of
$141,200. The City Council approved the design and engineering contract at their meeting of
May 16,2006. This project has begun. The following tasks were approved for completion, and
are currently being provided to the City of Denton.
. Task 1 - To conduct the project kickoff meeting,
. Task 2 - To provide minor permit modifications to the City's landfill permit,
. Task 3 - To project materials construction quantities, and to complete the engineering design
of cells 3A - 3D as a biotech landfill.
The FY 2006 City of Denton Certificate of Obligation bond sale has been completed, providing
the complete landfill design and engineering capital requirement, therefore, the Solid Waste
Department is recommending an amendment to the City's Solid Waste services contract with
R.W. Beck to provide the scope of services as outlined within this agenda and exhibits.
Provided within this agenda is a brief summary of design and engineering services to be
provided, with additional detail included within the exhibits, as outlined in Exhibit 1, the R.W.
Beck, Inc.,Scope of Services, Tasks 1 - 7.
Task 3 - R.W. Beck will provide Quality Control and Quality Assurance services during cell
construction. They will provide ongoing project inspections, and upon construction completion,
will submit the required permit and liner reports to the Texas Commission of Environmental
Quality (TCEQ) for the approval of these cells to begin accepting municipal solid waste.
Task 4 - R.W. Beck will provide a conceptual design of cells 3A - 3D as a biotech landfill. The
leachate recirculation and gas collection system will be designed. Leachate and other liquid
amendment volumes will be calculated based on projected waste volumes. The use of wastewater
effluent will be evaluated as a source of reuse water for the landfill.
A slope stability analysis of various liner components will be conducted. Site evaluations of clay
and textured geomembrance will be performed.
The team will analyze and develop a landfill gas generation rate, based on waste volumes, waste
characterization, and moisture content. Gas generation rates will be forecasted through the life of
the landfill. Following liquids and gas modeling, the systems will be designed.
A Preliminary Design Report will be prepared for the design of Phase 3 as a biotech landfill.
Task 5 - Permit modification requirements will be determined, and the application completed.
R.W. Beck will work with the TCEQ during the review process, through to approval. Any notice
of deficiencies (NOD's) will be responded to by R.W. Beck with the appropriate additional
information and clarification. Beck will assist the City with the public notification process and
comment period.
Task 6 - For several years the Solid Waste Department has had a long-range master-planning
goal to obtain a minimum of fifty years of landfill life for the City's citizens. Existing city owned
acreage around the wastewater treatment plant and the landfill have been recommended to
undergo an engineering evaluation to determine the feasibility of developing a lateral landfill
expansion on acreage north of Foster Road. The engineering evaluation will include a
hydrological investigation, a soils investigation and borings. A review of the TCEQ site location
criteria will be completed during this task to determine if there would potentially be a TCEQ site
restriction requirement. Following these tasks, and the determination of no potential TCEQ site
restrictions, the team will prepare a total site Master Plan. This document will then be utilized by
the City as a Landfill Master Planning document for many years into the future.
Task 7 - One of the consultant's recommendations from the Solid Waste Department's
Operations Analysis was the design and construction of a new citizen's collection station for the
landfill. The consultant will design, and provide materials testing and construction administration
for the new citizens' drop-off area. R.W. Beck will function as the project engineer during the
construction and will facilitate and process the required TCEQ permitting documentation.
OPTIONS
The Public Utilities Board may recommend the design and engineering tasks included within this
agenda be completed by R.W. Beck, Incorporated, or they may recommend the Solid Waste
Department negotiate with another firm to obtain professional design and engineering services.
RECOMMENDATION
City staff recommends accepting the professional services proposal submitted by the consulting
team led by R.W. Beck, Incorporated for the design and engineering services listed above.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
Council approved the engineering agreement on May 16, 2006.
The Public Utilities Board recommended approval of the amended agreement on July 10,2006
by a vote of _ to _.
FISCAL INFORMATION
The engineering team led by R.W. Beck, Inc., and the City of Denton have negotiated fees
totaling $665,500 for the provision of the engineering and professional services listed above. The
original professional services contract was awarded by the City Council on May 16, 2006, for the
not to exceed price of$141,200. The contract amendments total $524,300, for a not to exceed
total amended contract price of $665,500. The fees will be paid using bond funds.
BID INFORMATION
Fees for receipt of the professional services listed above were negotiated at a total price for
professional services of $665,500.
EXHIBITS
1. Ordinance
2. Scope of Work and Schedule
3. AIS from May 16,2006 PUB Meeting
4. Minutes
Respectfully submitted,
a.7~~
A. Vance Kemler
Director, Solid Waste Services
S :\Our Documents\Ordinances\06\ 1 st amendment to RoW. Beck.doc
ORDINANCE NO.
AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND R. W. BECK, INC. TO
PROVIDE PROFESSIONAL DESIGN AND ENGINEERING SERVICES AT THE CITY'S
LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF
$665,500; RATIFYING PREVIOUS ACTIONS; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, the City of Denton entered into a Professional Services Agreement with R.
w. Beck, Inc. ("Beck") to provide professional design and engineering services at the City's
Landfill, as described in that Professional Services Agreement dated May 5, 2006 ("Agreement")
and which was approved by Ordinance No. 2006-131; and
WHEREAS, additional ftmds in the amount of $524,300 have become available to add
additional tasks and engineering services to the original contract including the conceptual
designs of cell 3A and 3B as a bio-tech landfill, the engineering services for the mllllicipal sold
waste (MSW) permit modification and feasibility of lateral landfill expansion, as well as the
design and construction of the citizen's drop-off area increasing the total amount for engineering
services to $665,500; and
WHEREAS, the Public Utilities Board and the City staff reconunend that these services
be added to the Professional Services Agreement in accordance with a First Amendment to same
which is attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the City staffhas reported to the City COlU1cil that there is a substantial need
for the above-described specialized professi~nal services and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Govermnent Code known as the "Professional
Services Procurement Act" generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications and for a fair and reasonable price; and
WHEREAS, Beck is currently providing similar professional services under the
Agreement and has provided professional services to the City in the past in a reliable and
competent manner; and
WHEREAS, the City Council finds that the First Amendment to the Agreement is in the
public interest and has provided in the City Budget for the appropriation of ftmds to be used for
the purchase of the professional services, as set forth in Exhibit A; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
S :\Our Documents\Ordinances\06\ 1 st amendment to R. W. Beck.doc
SECTION 2~ The City Council hereby approves the First Amendment to the Agreement
attached as Exhibit A with Beck for professional design and engineering services at the City's
Landfill and authorizes, ratifies and approves any and all services under the previous Agreement
and authorizes the mterim City Manager, or his designee, to execute the Agreement on behalf of
the City~
SECTION 3. The award of the First Amendment to the Agreement (Exhibit A) by the
City is on the basis of demonstrated competence, lmowledge and qualifications of Beck and the
ability of Beck to perform the professional services needed by the City for a fair and reasonable
pnce.
SECTION 4. The Interim City Manager, or his designee, is authorized to exercise all
rights and duties of the City of Denton under the First Amendment to the Agreement and make
the expenditures provided for therein..
SECTION 5~ This Ordinance shall become effective immediately upon its passage and
approval~
PASSED AND APPROVED this the
day of
, 2006~
PERRYR. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ SNYDER, CITY ATTORNEY
BY:
Page 2
S :\Our Documents\Contracts\06\R W Beck PSA 1 st Amendment.doc
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS FIRST AMENDMENT to that certain Professional Services Agreement that was
made and entered into on the 5th day of May, 2006, by and between the City of Denton, Texas, a .
Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and R.W. Beck, Inc., with its corporate
office at 1380 Corporate Center Curve, Suite 305, Eagan, Minnesota 55121 hereinafter called
"Design Professional," acting herein, by and through their duly authorized representatives, said
Agreement hereinafter referred to as "Base Agreement."
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree to amend the Base Agreement as follows:
SECTION 1. That Section 1 "Employment of Design Professional" of the Base
Agreement is hereby amended to read as follows:
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to
perform the services as described herein and in the Design Professional's Proposal dated
November 15, 2005 limited to those tasks described herein, Exhibit A - "Scope of
Work," Exhibit B - "Project Team Financial Information," the General Conditions, and
other attachments to this Agreement that are referenced in Section 3, in connection with
the Project. The Project shall include, without limitation, providing professional
engineering design and related engineering services to perform the following tasks:
Task 1:
Task 2:
To conduct the Project kickoffmeeting.
To provide modifications to the City's landfill permit to accommodate biotech
landfill operations.
Design and Construction of cells 3A-3B.
Conceptual design of cells 3A-3D as a Bio- Tech Landfill
MSW Notice Permit Modification
Feasibility of Lateral Landfill Expansion
Citizen's Drop-Off Area Design and Construction
Task 3:
Task 4:
Task 5:
Task 6:
Task 7:
SECTION 2. That Section 3 "Compensation" of the Base Agreement is hereby amended
to read as follows:
Section 3.. Compensation. The Owner shall compensate the Design Professional as follows:
3.1 BASIC SERVICES.
3.1.1 For Basic Services the total compensation including reimbursable expenses
shall be $665,500 based on the hourly rates for services shown in Exhibit B
and in Section 3.2.1. Design Professional's services shall be invoiced to the
Owner month1y~
Exhibit 2
S :\Our Documents\Contracts\06\R W Beck PSA 18t Amendment.doc :
3~1~2 Progress payments shall be paid to the Design Professional monthly for the
Basic Services invoicedl and satisfactorily completed in accordance to the
following phases of the Project per Exhibit A:
Task 1: Project Kickoff Meeting
Task 2: Minor Permit Modifications
Task 3: Design and Construction of Cells 3A- 3B
Task 4: Conceptual design of cells 3A-3D
as a Bio- Tech Landfill
Task 5:MSW Notice Permit Modification
Task 6:Feasibility of Lateral Expansion
Task 7:Citizen's Drop-Off Area Design and
Construction
TOTAL
$ 18,600
26,900
257,500.
129,400
116,500
94,000
22..600
$665~500
3.3 REIIvlBURSABLE EXPENSES~ .Reimbursable Expenses shall be a multiple of 1.0
times the expenses incurred by the Design Professional, the Design Professional's
employees and consultants in the. interest of the Project as defined in the General
Conditions but not to exceed a total, of $90,000 without the prior written approval of the
Owner~
SECTION 3~ The Base Agreement: is hereby amended by substituting the attached
Exhibit A ~ Scope of Services including the new Figure 1 - The City of Denton Permitting and
Design Schedule for the same exhibits attached to the Base Agreement.
SECTION 4~ Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Base Agreement shall remain in full force and effect
SECTION 5~ This First Amendment is signed by the parties hereto effective as the _
day of , 2006~ '
OWNER:
CITY OF DENTON
BY:
HOWARD MARTIN
INTERIM CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
P.age 2
S:\Our Documents\Contracts\06\RW Beck PSA 1st Amendment.doc
APPROVED AS TO LEGAL FORM:
EDWINM~ SNYDER, CITY ATTO
WITNESS:
BY:
Page 3
DESIGN FIRM
BY:
Firm's Officer/Representative
Amended EXHIBIT A
Scope of Services Between Beck and City of Denton
Scope of Work - Bio. Tech Landfill Permitting, Design and Construction
Services
The following Scope of Services amends and is addition to the Scope of Services agreed to in the
original contract for this Project.. Budget is now available to incorporate all seven tasks as
originally proposed. Due to the recent solid waste rule adoption, this Scope of Services addresses
permitting, design and construction of a Bio- Technology Landfill (Bio- Tech Landfill) rather than
a bioreactor.. The design and operation described will be suitable initially for leachate
recirculation but adaptable to a bioreactor when future rules (or other regulatory mechanism)
allow. Certain bioreactor aspects (e.g.., liquid amendment acceptance plan) will be prepared for
the City but not submitted in this permit modification.. These are outlined in the following tasks
and can be archived by the City until submittal is required. The tasks below incorporate the
originally contracted three tasks for the kickoff meeting, minor permit modifications and Cell
3A/3B design. Additionally, they focus on the conceptual design of the Bio-Tech Landfill,
construction administration for Cells 3A/3B, municipal solid waste permit (MSW) permit
modification for the Bio- Tech Landfill, lateral expansion feasibility, and design/construction of a
new citizen's drop-off area. Subtasks 3A-3D were in the original contract; subtasks 3E and 3F
have been added in this amendment to complete Cel13A/3B construction.
Task 1 - Project Kickoff Meeting (under contract)
The Project Team will meet with the appropriate City Staff to finalize the approach and Scope of
Services, clarify needs from the City, confirm the schedule and establish lines of communication.
At this meeting the City will furnish appropriate information for this project including: waste
receipt records, as-built drawings of Phases 1 and 2 along with supporting documentation and
electronic files for any conceptual designs prepared and permit documents not previously
furnished. The City will also furnish a topographic survey of the entire Landfill property that
reflects the current excavation grades in Cells 3A and 3B. This will become the basis for design
of the final excavation and grading. The Project Team will provide the City with an information
request prior to the meeting.
Task 2 - Minor Permit Modifications (under contract)
Two minor permit modifications will be completed by the Project Team: 1) to address liner and
leachate collection design changes necessary for Bio- Tech Landfill operation and to address
relocation of the Citizen's Drop-Off Area, 2) to address future surface water control and
scalehouse modifications. A textured geomembrane (both sides) is recommended on both the
sideslope and base of Cells 3A-3D. In addition, the current hydraulic capacity of the leachate
collection system should be evaluated to verify its ability to drain the additional liquid
amendments. In conjunction with this hydraulic evaluation, the Project Team will review the
leachate collection pipe diameter for compatibility with landfill gas (LFG) collection. Subtasks
2A and 2B will be completed to evaluate these issues and incorporate required changes into a
@ Beck -AIl Rights Reserved
R'W'~E(K
AMENDED ExHIBIT A
minor permit modification. A second permit modification will be completed in Subtask 2C to
address surface water and scalehouse changes.
Subtask 2A - Hydraulic Characterization/LFG Collection
In this subtask, the Project Team will:
· Complete Hydrologic Evaluation of Landfill Performance (HELP, v. 3.07) modeling to:
· Verify that leachate head does not exceed 12 inches with the increased liquid
amendment addition under the current leachate collection and liner profile.
· Determine the minimum permeability of the protective layer and leachate collection
layer (drainage sand, rock and/or triplanar geonet geo compo site ) to freely drain the
Landfill.
· Validate the leachate collection trench and collection swnp dimensions to accommodate the
increased leachate generation.
· Determine that the existing liner and leachate collection systems for Cells 1 and 2 are
suitable for Bio- Tech Landfill operation (HELP modeling and hydraulic capacity) since the
City has installed potential recirculation laterals in those cells.
· Evaluate preliminary LFG generation estimates and the leachate hydraulics to determine the
necessary leachate collection pipe diameter to facilitate efficient LFG collection from the
landfill base.
· Prepare recommendations, if any, for modifications to the leachate collection design,
including the potential placement of geonet on the base~
Subtask 28 - Permit Modification Request (#1)
The Project Team will prepare an application for a non-notice minor permit modification for the
recommended changes (i.e., liner and leachate collection changes; Citizen's Drop-Off relocation)~
A draft will be presented to the City and TCEQ for review and discussion. Applicable comments
will be added into a fmal application for submittal to the TCEQ. TCEQ approval should be
received within 60 days~
Subtask 2C - Additional Permit Modification Request (#2)
In this sub~k, the Project Team will prepare a second Permit Modification request for other
Modifications that do not directly affect the liner design for the Bio- Tech LandfilL This separate
submittal is recommended to avoid any delay in the Permit Modification approval presented in .
Subtask 2B, and thus potentially delay the design and construction of Cells 3A and 3B~ These
Modifications are anticipated to be submitted under TAC 305.70 (j), which are currently non-
notice Modifications and include the following:
· Redesign and expansion of the Southeast Pond for surface water storage for the Bio- Tech
Landfill Modification under Section 305.700)(11) related to drainage control of i nte mal nm
on/nm off.
. Relocation of the landfill scalehouse-Modification under 305.700)(8).
~ Beck - All Rights Reserved
Agreement:
Amended Exhibit A- Page 2
AMENDED ExHIBIT A
. Relocation of Site Entrance-Modification under 305.70(j)(33) as long as access traffic
patterns are not altered. Access will remain from Mayhill Road, with site entrance relocated
south of the existing entry to Foster Road.
· Change the metes and bounds description of the Permit by elimination of the triangular
section of land where the current scalehouse is located. Modification under 305.70(1)(14) as
it reduces the size of the facility and does not result in acreage beyond the original permit
boundary.
Task 3 - Design of Cells 3A and 38
Subtask 3A - Construction Quantities (under contract)
In this subtask, the Project Team will estimate the required construction quantities for Cells 3A
and one-half of 3B liner construction, including clay (available on site), geosynthetics, protective
cover (available on site), and drainage media (natural and synthetic)~ On site soil quantities will
be verified~
Subtask 38 - Complete Design Plans and Construction Documents for Cells 3A and 38 (under contract)
After completion of Task 2 and in conjlU1ction with an internal Team Quality Assurance/Quality
Control (QAlQC) review, the Project Team will develop draft design plans, specifications, and
construction bid documents for Cells 3A and 3B. The schedule for proceeding with bidding and
construction of these Cells will be independent of the Bio-Tech Landfill Permitting at TCEQ.
This independence is based on the expectation that the construction of the liner and leachate
collection system in these Cells can be accomplished under a minor modification of the existing
Permit as described above.
Meetings will be held with the City to present the draft documents and subsequently to discuss
any City comments to the draft documents. Applicable comments will be incorporated into a
final set of plans and specifications. After approval of the fmal documents by the City, this
construction project would be advertised for bids.
Subtask 3C - PrewoSid Meeting and Bid Opening (under contract)
The Project Team will assist the City in answering questions and providing clarification about the
Project Construction Documents during the period of advertisement for bids. We will assist the
City as required during the Pre-Bid Meeting with prospective Contractors and in preparing
Addenda prior to Bid Opening. We will prepare an engineer's cost estimate of the construction.
The Team will attend the Bid Opening, tabulate and evaluate bids and make recommendations to
the City for Contract Award. The Team will also attend the Public Utility Board and City
Council Meetings to assist in the Presentation of the recommended Award of the Construction
Contract.
Subtask 3D - Notice to Proceed and Pre-Construction Meeting (under contract)
The Project Team will assist the City in issuing a Notice to Proceed to the Contractor and
facilitate a Pre-Construction Conference at the Landfill with the Contractor. The Team will also
@ Beck - All Rights Reserved
Agreement:
Amended Exhibit A- Page 3
AMENDED ExHIBIT A
contact TCEQ prior to construction start, and provide them with the opportunity to attend the
pre-construction conference as welL
Subtask 3E - Construction Administration and Material Testing (contract amendment)
During Cell 3A and 3B construction, the Project Team will assist the City with the administration
of the construction contract by reviewing submittals, answering questions and providing
clarifications, reviewing monthly pay requests, and acting as the City's Authorized
Representative. Duties will include coordination and completion of the required material testing
of the liner materials and documentation of their appropriate placement in accordance with the
construction docwnents. This testing will be in accordance to the permitted Soil and Liner
Quality Control Plan (SLQCP) and will be the basis for the preparation of the Soil Liner
Evaluation Report (SLER) and the Geomembrane Liner Evaluation Report (GLER) that will be
submitted to the Texas Commission on Environmental Quality (TCEQ) upon completion of the
liner construction. As dictated by the Contractor schedule, the Project Team anticipates regular
construction progress meetings and resident observation/documentation.
Construction administration will include preparation of any Change Orders, if required, to
incorporate required changes as a result of the Bio- Tech Landfill Permit Modification approval.
Based on the schedule (Figure 1), the Project Team should receive the Notice of Deficiency from
the TCEQ, ifissued, aroWld February 15, 2007. We estimate this to be about two months into the
Ce113A13B construction schedule. At that time, the Project Team may need to incorporate other
aspects of the Bio- Tech Landfill project into the Cell 3A13B construction. Change orders will be
prepared at that time to address these needed additions, if any.
Subtask 3F - Construction Completion and TCEQ Authorization to Fill in Cells 3A and 38 (contract
amendment)
The Project Team will assist in the evaluation of the completed liner and leachate collection
system in accordance with the design and construction documents, conduct a final inspection and
submit the completed SLER and GLER to TCEQ. The Team will meet with TCEQ as required to
discuss and modify the SLER or GLER in order to receive timely authorization to fill these Cells.
Task 4 - Conceptual Design of Cells 3A-3D as a Sio-Tech Landfill (contract amendment)
In this task, the Project Team will develop a conceptual design of an anaerobic Bio-Tech Landfill
based upon existing and anticipated waste, receipts, moisture of received waste in place,
additional liquid requirements, storage requirements, and anticipated generated gas quantities.
We will examine various methods of recirculation of leachate and additional liquid amendments
(when permitted), and identify the design and sizing of the recirculation and gas collection
systems~ It will be necessary to develop an estimate of the potential gas quantities that will be
generated, and at what rate. The Project Team will develop a site-specific LFG generation model
for that purpose. In addition, the Project Team will complete calculations for flow rate, head, and
storage capacity for the hydraulic aspects of the Bio-Tech Landfill.
Subtasks of this conceptual design will include:
<0 Beck - All Rights Reserved
Agreement:
Amended Exhibit A - Page 4
AMENDED ExHIBIT A
Subtask 4A - Additional Liquid Amendments
Based on our experience, the magnitude of benefits realized is directly related to the amount of
leachate and liquid amendments recirculated back into the waste~ The volume of liquid
introduced can range from 25 to over 50 gallons per ton of waste received per day, depending on
existing moisture conditions of waste in place. In this subtask, we will investigate the potential
sources of liquid amendments (when permitted) that could be used t~ supplement the leachate
recirculation quantities. Since the Landfill receives about 125,000 tons per year (tpy) but is
anticipated to grow to 265,000 tpy by 2025, the optimwn liquid volume required will range from
8,500 to over 36,000 gallons per day~ Based on our knowledge of the site, it will be necessary to
supplement the leachate quantity generated by providing additional moisture from other sources,
when permitted, in order to bring the waste up to the moisture content for optimum Bio- Tech
Landfill operation. Potential sources include the adjacent City of Denton Pecan Creek
Wastewater Management Facility, local industries, surface water retaining ponds, etc.
In this subtask, the Project Team will evaluate the liquid options available and in particular, the
synergy of teaming with the City's wastewater plant. That plant could provide the quantity of
process water, reuse water, or biosolids required for the Bio- Tech LandfilL
Subtask 48 - Slope Stability Analysis
The Project Team will complete a slope stability analysis of the liner components of Cells 3A-3D
(as well as Cells 1 and 2), the intermediate waste slope, and final cover slope for Bio-Tech
Landfill conditions, including increased waste density and pore pressure. The Team will also
complete site specific interface testing for two interfaces (e.g., clay liner and textured
geomembrane) to provide modeling interface coefficients.
Subtask 4C - Landfill Gas Modeling
One of the. well documented benefits of bio-technology is the increase in LFG generation rate.
Air. regulations require that gas collection and control systems be in place when a "bioreactor"
begins operation and become active either when 40-percent waste moisture is achieved or after
180 days, which ever is later. The type, number and size of LFG controls will depend on the
LFG generated. Gas extraction designs will be considered that can handle additional moisture in
the MSW and also withstand substantial settlement. Flow modeling software (e.g.., GasWorks)
will be used to estimate sizing of LFG collectors and headers. In this subtask, the Project Team
will use an R~ W. Beck proprietary model to estimate LFG generation through the life of the
Landfill, incorporating bio-technology into Cells 1 thru 6. We also will meet with DTE Biomass
at the Landfill to discuss the results of our modeling as it relates to development and planning in
their LFG reuse projects. -
Subtask 4D - Infrastructure Layout and Sizing
Once the hydraulic and LFG characteristics of the Bio- Tech Landfill are understood, the Project
Team will review and prepare a conceptual layout of the following infrastructure:
· Leachate and liquid amendment storage and delivery systems (e~g~, tank, force main).
· Methods of recirculation (e.g., laterals, permeable beds, surface application).
o Beck -All Rights Reserved
Agreement:
Amended Exhibit A - Page 5
AMENDED ExHIBIT A
· Recirculation lateral and/or permeable bed dimensions (length, perforation size, and
frequency), media used (e..g., tire shreds, gravel, geonet, etc.), location, and other innovative
methods and designs.
· Manifolding from the force main to the latter systems..
· LFG collection system dimensions and locations. These could include horizontal laterals,
innovative side slope collectors using temporary geomembrane for outside slopes, and
vertical wells.
· Pump sizing based on system flow and head characteristics.
· Intermediate Cover Alternatives: Examine alternatives for intermediate cover that would
enhance the Bio- Tech Landfill operations by providing additional moisture, control/capture
the landfill gas production and control odors more effectively (particularly at the perimeter),
and protect the erosion of slopes. As an example these alternatives could include
geomembrane, higher permeable soils, compost, wood chips, etc.. The City is very interested
in utilizing a 20-mil HDPE cap as intermediate cover for erosion protection, to enhance LFG
collection efficiency, and for potential leachate seep controL
· Examine existing daily cover and approved alternates (ADC) and provide recommendations
for addition/modification.
Subtask 4E - Design Report
A summary of the information collected and the analyses conducted to date for the conceptual
design will be prepared in the form of a Preliminary Design Report This Report will outline the
basis for design of all of the Cells in Phase 3 as a Bio- Tech LandfilL It will also present the
suitability and limits of operating existing Phases 1 and 2 as a Bio- Tech Landfill. It will further
define the items necessary for the design and construction of Cells 3A and 3B that can be
conducted in accordance with the existing Permit, and independent of the Bio- Tech Landfill
Permit Modification.. The items necessary for the Bio- Tech Landfill Permit Modification will be
outlined and the preliminary design of the recirculation and gas collection systems will be
presented. This Report will also define the anticipated independent schedules for: (1) Design and
Construction of Cells 3A and 3B to meet the City's landfill space needs and (2) Preparation of the
Permit Modification Application, and the TCEQ Approval Process for the Bio- Tech Landfill
development. The Preliminary Design Report will be presented to the City Staff for review and
comment. Applicable comments will be incorporated by the Project Team and the Design Report
will" be finalized..
Task 5 - MSW Notice Permit Modification (contract amendment)
Subtask. 5A - Determine Applicable Modifications
Initially, the Project Team will review the current MSW Landfill Permit for the facility to
determine what Modifications to the Permit will be necessary to conduct the Bio- Tech Landfill
operations. A list will be developed of the necessary modifications and determine what, if any,
impact they would have on the initial design and construction of Cells 3A and 3B. Impacted
permit attachments could include:
co Beck - All Rights Reserved
Agreement:
Amended Exhibit A - Page 6
AMENDED ExHIBIT A
. Liner Design
· Leachate and Contaminated Water Plan
. Site Operating Plan
· Landfill Gas Management Plan
Typical additions/modifications to the permit include:
· A liquids acceptance plan establishing the criteria for liquid amendments (to be prepared but
archived until bioreactor operation is permittable)
· A general list of acceptable liquid amendments (e.g., surface water) (to be prepared but
archived until bioreactor operation is permittable)
· Monitoring methods to gauge success of the Bio- Tech Landfill (e.g., leachate and LFG
flow/quality settlement, waste moisture content, leachate head)
· Recirculation design and operation plan
· Gas collection design, control, and operation plan
. Odor management plan
. Records management
. Contingency action planning
Subtask 58 - Notice Modification Application
While the City Staff is reviewing the Preliminary Design Report (Subtask 3F), the Team will
prepare the Draft MSW Permit Modification Application. These documents will also be
presented to the City Staff for review and comment" It will be beneficial at that time for the City
Staff and Team to meet with appropriate TCEQ staff to discuss the Project and confIrm their
current Application(s) submittal requirements.
After incorporating comments from the City Staff review, the Team QAlQC review, and
discussions with TCEQ staff, the MSW Permit Modification Application will be finalized and
submitted to TCEQ for review and approval. Based upon current practice at TCEQ this MSW
Permit Modification Application will be processed under 30TAC 305.70 (k) which will require
proper notice in accordance with 39.106 and to all persons listed in 39..413.
Subtask 5C - MSW Notice of Deficiency (NOD)
TCEQ by statute is required to complete their teclmical review of the MSW Permit Modification
Application within 60 days of submittal unless the executive director extends the review period
to resolve outstanding notice of deficiencies.. In practice, Noticed Permit Modification
applications are not teclmically complete after initial review by the TCEQ staff, and it is usually
necessary to clarify issues or provide additional information to allow the TCEQ staff to complete
their teclmical review. In order to receive all of the information that the TCEQ staff requires,
they will issue a Notice of Deficiency(ies) (NOD) requesting that information. In almost all .
cases the review period is extended and the Notice of Deficiency is issued near the 60 day review
period. The Project Team intends to meet with TCEQ at that time to understand any NOD.
(:) Beck - All Rights ReselVed
Agreement:
Amended Exhibit A - Page 7
AMENDED ExHIBIT A
Subtask 50 - Response to NOD
Subsequently, the Project Team will prepare responses to the TCEQ MSW NOD to provide the
requested additional information and clarification. These responses will be reviewed by the City
and submitted to TCEQ. In some cases TCEQ will respond with an additional NOD requesting
additional information or further clarification, and the response process is repeated. However,
the Team anticipates that this Project can be handled through only one NOD through pre-
submission meetings and discussions during the review process.
Subtask 5E - MSW Permit Notice Process and Comment Period
Upon completion of the acceptable MSW Technical Review by TCEQ in accordance with 30
TAC 39.106, the City will be required to prepare and provide a Notice of Application and
Preliminary Decision~ This Notice must be mailed to a list of current landowners as noted in
305~70(e)(5), and to others noted in 39~413(1), and the City must provide an Affidavit to TCEQ
that proper Notice was mailed and the date of mailing. The Project Team will assist the City in
the process~
A person may provide written comment to the TCEQ within 23 days after the date the Notice was
mailed by the City. The executive director is required to review the comments, but is not
required to file a response. If no comments are received, the executive director may issue
approval on the 28th day after Notice was mailed~ If comments were received, the executive
director has until the 45th day after Notice was mailed to make a decision to approve or deny the
application, issue a NOD, or determine that the request cannot be processed as a MSW
Modification and must be resubmitted as a MSW Permit Amendment. This scope of work may
be modified to assist the City if additional services are required to respond to public comment.
Upon approval of the MSW Permit Modification, any remaining permit changes that will affect
the .construction of Cells 3A and 3B will be incorporated (under Subtask 3E) into the
construction documents by Change Order or additional designs will be prepared to construct.
these facilities (e.g., storage, recirculation force mains, gas collection lines, gas treatment
facilities, etc.) under one or more separate construction contracts..
Additional Scope of Work - Lateral. Expansion Feasibility
Task 6 - Feasibility of Lateral Landfill Expansion (contract amendment)
Subtask 6A -Initial Meeting and Existing Data Assessment
The Project Team will meet with appropriate City Staff to discuss the Potential for a lateral
expansion of the Landfill to the acreage to the north of the existing Landfill and west of the
existing City Pecan Creek Wastewater Management Facility~ At this meeting the City will
provide current information available concerning current City ownership, metes and bounds
descriptions, easements, deed restrictions, maps, access roads, preliminary soils investigation,
groundwater data, floodplain, and other pertinent information for an evaluation of the property as
a potential expansion of the landfill. If the data are not readily available, the Team will defme
which data are critical for the evaluation and obtain the information through other sources, or
@ Beck - All Rights Reserved
Agreement;
Amended ExhibitAM Page 8
AMENDED ExHIBIT A
conduct necessary field investigations~ The Scope and Fees will be modified to cover any
necessary field investigations identified by the Project Team.
Subtask 68 - Hydrogeologic Investigation
In this subtask, a hydrogeologic investigation in the proposed expansion area will be completed
to assess geologic and groundwater flow characteristics. Field work will include completion of
10 soil borings to a depth of 75-feet. Work items will include:
· Field services - drilling and sampling in 5-foot intervals, and setting a 2-inch diameter
piezometer within each borehole at the estimated water table~ Piezometers will be
completed with 4-inch by 6-inch above grade locking protective casings within 2'x2'x4"
concrete pad at ground surface.
· Laboratory testing - select soil samples will be tested for Atterberg Limits, Minus 200-mesh
sieve, and gradation analysis.
· Professional services - includes field geologist or engineer on site during field operations,
producing logs of borings and documentation of piezometer installation. Project
management and coordination of activities~
This subtask does not include site clearing, special equipment for accessing boring locations,
surveying, or subsequent groundwater measurements~ The Project Team will set up a data sheet
that City personnel can use to record subsequent grolUldwater measurements, as well as show
City personnel the measurement procedure.
The piezometers will be 2-inch diameter PVC threaded pipe, with sanded annulus and bentonite
collar below the surface completion. Depending upon the tinding"s of the exploratory borings, it
might be decided that some of the piezometers be placed so as to monitor discreet intervals if
groundwater is encountered within a particular material or layer. The subtask has been
developed, however, anticipating 75-foot deep piezometers.
Subtask Be - Review Location Criteria
The Project Team will compare the obtained information to the Location Restrictions outlined in
the current Subchapter ~: Location Restrictions TAC 330~545 through 330.561 and determine if
the property includes a fatal location restriction flaw that would prevent Permit Approval.
Subtask 60 - Master Plan
Upon completion of the above subtasks, the Project Team will prepare a Site Master Plan for the
850-acre Landfill parcel to tie the expansion into the existing landfill development plan. The
Plan will include development of a conceptual fill cross section with various excavation depths
and fmal fill elevations.. The Plan will also: discuss the advantages and disadvantages of
excavating to a deeper elevation than that currently allowed in the existing Permit; discuss
methods of controlling groundwater in the deeper excavations; develop estimates of the waste fill
capacity of the various fill sections; and, prepare an estimate of the development costs of each.
Based on the above information, the Team will determine the Feasibility of developing the
property as a lateral expansion of the current landfill and prepare a Report of the findings and the
basis of the feasibility. A draft Report will first be prepared for City review. A meeting will then
@ Beck - All Rights ReselVed
Agreement:
Amended Exhibit A- Page 9
AMENDED ExHIBIT A
be held with the City to discuss the expansion feasibility and to obtain comment. A final Master
Plan will then be completed for the City's use in future Landfill development
Task 7 - Citizen's Drop-Off Area Design and Construction (contract amendment)
Subtask 7 A - Complete Design Plans and Construction Documents for
Upon approval of this amendment, the Project Team will begin developing draft design plans,
specifications, and construction bid documents for a relocated Citizen's Drop-Off Area for the
LandfilL The schedule (Figure 1) for proceeding with bidding and construction of this work will
be independent of the Bio- Tech Landfill Permitting at TCEQ or the Cell 3A13B construction, and
allows for construction in late Fall 2006.
Meetings will be held with the City to present the draft docwnents and subsequently to discuss
any City conunents to the draft documents. Applicable conunents will be incorporated into a
final set of plans and specifications. After approval of the final docmnents by the City, this
construction project would be advertised for bids.
Subtask 78 - Pre-Bid Meeting and Bid Opening
The Project Team will assist the City in answering questions and providing clarification about the
Project Construction Documents during the period of advertisement for bids. We will assist the
City as required during the Pre-Bid Meeting with prospective Contractors and in preparing
Addenda prior to Bid Opening. We will prepare an engineer's cost estimate of the construction.
The Team will attend the Bid Opening, tabulate and evaluate bids and make reconunendations to
the City for Contract Award. If necessary, the Team will also attend the Public Utility Board and
City Council Meetings to assist in the Presentation of the reconunended Award of the
Construction Contract.
Subtask 7C - Notice to Proceed and Pre-Construction Meeting
The Project Team will assist the City in issuing a Notice to Proceed to the Contractor and
facilitate a Pre-Construction Conference at the Landfill with the Contractor~ The Team will also
contact TCEQ prior to construction start, and provide them with the oppo~ty to attend the
pre-construction conference as welL
Subtask 7D - Construction Administration and Material Testing
During construction of the new Citizen's Drop-Off Area. the Project Team will assist the City
with the administration of the construction contract by reviewing submittals, answering questions
and providing clarifications, reviewing monthly pay requests, and acting as the City's Authorized
Representative. Duties will include coordination and completion of any required material testing
and documentation of construction in accordance with the construction .docmnents. The Project
Team anticipates two construction meetings with the Contractor and the City to evaluate progress
and to review substantial completion. Construction administration will include preparation of
any Change Orders, if required.
to Beck ~ All Rights Reserved
Agreement:
Amended Exhibit A- Page 10
AMENDED ExHIBIT A
Schedule
A schedule outlining this amended scope of work for all seven tasks is provided in the attached
Figure 1. Note that project meetings with the City and with TCEQ are indicated on the schedule.
Fees for Engineering Services
Based on the previously outlined additional Scope of Services and schedule, we estimate the total
fee for these engineering services to be $665,500. The total project cost represents a nnot to
exceedl1 figure, which will not be exceeded without written authorization from the City. Cost by
task is delineated in Table 1 below. Additionally, the amount of each task will not be exceeded
without written authorization of the City.
Our estimate assumes that current permit drawings and documents are available electronically
from the City, as well as, a topographic survey of the existing conditions of the Cel13AIB area.
Table 1 - Engineering Fee Estimate
Task
1 - Project Kickoff Meeting
2 - Minor Permit Modifications
3 - Design and Construction of Cells 3A and 38
4 - Conceptual Design of Cells 3A-3D as a Bio-Tech
Landfill
5 - MSW Notice Permit Modification
6 - Feas ibil ity of Lateral Landfi II Expans ion
7 - Citizen's Drop-Off Area Desig n and Construction
Total
Cost
$18,600
26,900
257 f500
129,400
116,500
94,000
22,600
$665,500
@ Beck - All Rights Reserved
Agreement:
Amended Exhibit A- Page 11
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8044
AGENDA DATE: May 16,2006
ACM:
Jon Fortune
.
SUBJECT
Consider adoption of an Ordinance approving a Professional Services Agreement between the
City of Denton and R.W. Beck, Inc. to provide professional design and engineering services at
the City's landfill; authorizing the expenditure of funds; and providing an effective date. The
Public Utilities Board recommends approval (6-0).
RFSP INFORMATION
RFSP 3411 is for professional engineering and design services associated with the expansion of
the City of Denton Landfill with the initial emphasis on the design and construction of Phase III
Cells 3A, 3B, 3C and 3D as a bioreactor. A detailed description of the project is included in the
Public Utilities Board agenda information sheet listed as Attachment 1.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its May 8, 2006 meeting.
RECOMMENDATION
Award RFSP 3411 Tasks 1,2, and 3 to R.W. Beck, Inc. in an amount not to exceed $141,200.
PRINCIPAL PLACE OF BUSINESS
R.W. Beck, Inc.
St. Paul, MN
ESTIMATED SCHEDULE OF PROJECT
The tentative schedule for completing Tasks 1-3 listed in the attached scope of services is
December 2006.
Exhibit 3
Agenda Information Sheet
May 16, 2006
Page 2
FISCAL INFORMATION
Tasks 1-3 will be funded from account 660001.7839 in the amount of$141,200.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Public Utilities Board Agenda Sheet for May 8, 2006 meeting
Attachment 2: Exhibit A- Scope of Work
Attachment 3: Exhibit B- Project Team Financial Information
1-AIS-RFSP 3411
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 July 10, 2006
4
5
6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
7 present, the Vice-Chair of the Public Utilities Board convened a Closed Meeting on Monday,
8 July 10, 2006 at 9:03a.m. in the Service Center Training Room, City of Denton Service Center,
9 901-A Texas Street, Denton.
10
11 Present: Vice Chair Dick Smith, George Hopkins, Bill Cheek, John Baines (arrived at 9:13
12 a.m.), Phil Gallivan and Bob Bland
13
14 Absent: Chair Charldean Newell (excused)
15
16 Ex Officio Member:
1 7 Present: Howard Martin, Interim City Manager
18
19 ITEMS FOR INDIVIDUAL CONSIDERATION:
20
21 9) Consider recommending approval of an amendment to the existing contract between R. W.
22 Beck, Inc., and the City of Denton to provide professional and engineering services for the
23 City of Denton in an amount not to exceed $665,500.
24
25 Vance Kemler, Director of Solid Waste, reviewed past history of this project noting that two of
26 three tasks approved by Council in May were completed and that work on Task 3A - 3D was
27 underway. The balance of Task 3 services, 3E and 3F, will include engineering quality control
28 and assurance (QC/QA) during cell construction, ongoing project inspections, and once
29 completed, RW Beck will submit the required permit and liner reports to the TCEQ. Task 4
30 provides for the conceptual design of Phase III as a biotech landfill, and the completion of a
31 preliminary design report. Task 5 provides for the updating of the city's landfill permit to
32 accommodate biotech processes. Task 6 provides for long term master planning to determine if
33 current acreage owned by the city is suitable for the additional land filling of waste. Task 7
34 provides for the design and QC/QA of a new citizens collection station at the landfill.
35
36 Hopkins asked if there was an estimated total construction cost for the project. Kemler stated
37 that he did not have those figures at this time, but that design and engineering costs of cells 3A-
38 3B should account for approximately 10% of the construction cost. Hopkins stated he was
39 sensitive to the engineering costs and would like to see less of them. Kemler indicated that he
40 believed that percentage to be reasonable to the current market.
41
42 Bland moved to approve with a second from Cheek. The motion was approved by a vote of
43 6-0.
44
45
Exhibit 4
AGENDA INFORMATION SHEET
AGENDA DATE:
July 18, 2006
DEP ARTMENT:
CM:
Parks and Recreation
Howard Martin, 349-8232 ..
SUBJECT
Consider a request for an exception to the Noise Ordinance 2001-265 Section 1 (20-1 #3) to the
hours for an Outdoor Music Festival. The festival is being conducted by five residents on their
private property in the 1000 block of W. Hickory Street. The event is to be on all day on
Saturday, August 5, 2006, from 11 :00 a.m. to 12:00 a.m. The request is for the extension of the
hours to be from 10:00 p.m. until 12:00 a.m. The decibel for an outdoor music festival is not to
exceed 70 dba.
BACKGROUND
This is the first year for the five residents living in the 100 block of W. Hickory Street to host a
music festival on their adjacent private property. The event will have 10 local bands playing in
forty-five minutes sets. The purpose of the festival is to bring Denton's unique culture and
energy to the summertime. The organizers are working with the Police Department, Texas
Alcohol and Beverage Commission, and Consumer Health Department.
EXHIBITS
1. Letter of Request
Respectfully submitted:
Prepared by:
~..,,~
(}~~-~ lV\- : ._u;um
Janie McLeod
Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: July 18,2006
DEPARTMENT: City Manager's Office
CM: Howard Martin, Interim City Manager
SUBJECT
Consider appointments to the City's Boards and Commissions.
BACKGROUND
Attached are the nominations Council has submitted for boards and commissions positions.
Council will be voting on approval of these nominations.
Nominations made during the Work Session will be voted on at the July 25th meeting unless
Council suspends the rules and agrees to vote on them this evening.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:\Boards & Comm\Agenda Info Sheet for Nominations IIC.doc
BOARD AND COMMISSION NOMINATIONS
Board Council Nomination
Member
Airport Advisory Board Thomson Don Smith
McElroy Charles Brown
Montgomery Jim Clark
McN eill Larry Luce
Animal Shelter Advisory Committee Heggins Marilyn Wells
Kamp Tim Moore
Montgomery
Mulroy Curtis Martin
Community Development Advisory Cmte. Thomson LaN ell Winn
Montgomery Edward Touraine
Mulroy Herbert Holl
McN eill Sandra Benavides
All Ron Aldridge (nominated by McNeill)
All
Construction Advisory and Appeals Board Kamp Larry Calvert
McElroy Art Masciere
Historic Landmark Commission Kamp Randall Boyd
McN eill Darlene Mullenweg
All Peggy Capps (nominated by McNeill)
Human Services Advisory Cmte. Kamp Mary Tisher
McElroy J an Hillman
Montgomery Harriet Aronson
McN eill
All Richard Stream (nominated by McElroy)
All
Library Board Thomson Judy Deek Giese
McElroy Lori Wolfe
McN eill Pat Langa
Parks, Recreation & Beautification Board Kamp Allyson Coe
Thomson Patrice Lyke
McElroy
Planning and Zoning Commission Thomson DeCarlo Noble
Montgomery
Mulroy Mary Thibodeaux
McN eill
BOARD AND COMMISSION NOMINATIONS
Council Nomination
Member
Heggins
Kamp
Thomson
McElroy
Montgomery
Mulroy
McN eill J oAnn Ballantine
Board
Public Art Committee
Public Utilities Board
Robinson
Traffic Safety Commission
Heggins
Kamp
Mulroy
All
All
Zoning Board of Adjustment
Kamp
Montgomery
All
S:\Boards & Comm\Nomination Sheet.doc
Andy Shelton
Pat Cheek
Lelia Howell
Michael Kozak (nominated by McNeill)
Sawko
Cliff Reding
Cecil Adkins
Millard Heath (nominated by McNeill)
Brian Bentley (nominated by Thomson)
Vicki Holt (nominated by McElroy)